apply it. as one of the senators said today, they'll be jued on freedom or do $they narrow nd freedom for americans? we want toake su as democratand most amicans we ha a judge who's going be fair in the application of the law whe citizens co before that bench. >> j griffin, how aggressive should the reblicans be? >> i think there legitimate qutis that should be ised. and some othose were raised today. and they don't go to necessarily ether she's too liberal, whether she's a mode. they goo eissue of impaiality. and those ve appropriately been raisednd it's going to be interesting to hear h reonses. because at the endof the day, you could talk about whether the court's goingto expand freedom or shrink free the court's supposed to interpret the law. sometimes an interpretation of the law isot one that eands eedom. ou xacan't get lof politica and policy principles confused with interpretinthe law as it

iswritten. >>e.j., what's ing to beer biggest hurdle, you thin >> i don't thi she has a big hurdle. i don't ink the repubcans think they c stop her. and thk that republicans are really divide i think some of them pying to the base rely want to go after her on ritchie case on affirmative acti, on this empathy thing. i think people like emthy more like they diskeit. and you know, they're gog to to paint her some sort of radical, which she isn't. her record is quite -- she's a moderate liberal at mos >> all rig. >> so i think other reblans are just scared to deh of alienatingatinos more than they've already alienatethem. so think she's going to end up with a lof republican votes. >>of course the questns will start tomorrow. we'lhave more on it tomorrow night on "the ed show." we're told at this hour that nasa has jusnounced that the space shuttle "endeaur," the next attempt to getit into outer space and the launc will be on wednesday. that's "the ed show" tonight. i'm ed shuts. for more information go to

ed.msnbc.c or chk out wegoted.com. next town hall meeting, madison, wisconsin, sunday night, 7:00. "hdball" starts right now on msnbc. culture war. the battle for the supreme court. let's pl "hardball." goodvening. i'm chris matthews back from two weeks in africa, back on msnbc brand new hd studio here in washington. as you can seeht away, it's quite a statof the art setup withutting-edge technology. one of the things i've lrned about television over the ars is the bigger e room, the better, and weava lot more space inhis new studio. look at this place. leading off tonit on the substantive matter, the litics of today's first round fight er president obama's nominee

to the u.s. supreme court. judge sonia sotomayor delivered her opening statement fore the senate judicia committee toy, and immediately said despe what she once said and was taped saying about the role of t appellate court in this country, it's not the job of preme court justice to make pocy. >> in the past month many senators have asked me aut my dicial philosophy. simple. fidelity to the la the task of a judge is not to make law. it is to app the law. >> well, sotomayor seems headed towardonfirmation. republicans madeure to raise the red flag on me of her previous speecs and whether she's allowed her personal background and sthies to sway her rulingsn the bench. but is thireally a battle over her sponsor, president barack oba? is this rely a surrogate fight we're watching over the prident's philosophy? that's wharichard wolffe said earlier.

i think he's got a big point. t's hear right o e baton night by the way from two senators fm the judiciary committee. di durbin from illinois, and orrin hatch oftah. plus "the new york tim" reports thick cheney ordered the cia to kp congress in the dark for years about a secret unterterrorism program developed in the dayafter 9/11. did he or did he not break the law by withholdingnformation fromawmakers? wel have more on that classied program which "the wall street journal" reported today involv assassinating al qaa operatives the way golda meier ce ordered the killing of the murderers at the munich olympics. what put the soon to be former alaska governorarah palin on the road resignation? "newortimes" reports a top official from e republican govern's association staged an tervention, they called it, in an attempt save her governorsh and pitical futu earlier this year, but

his ad was largely ignored. for what it's worth, he is levi johnston's take on his once -- well, his one-time future mother-in-law. >> she's very smart, i just don't think she can ndle the stress level as governor. i don't think she can handle it as president or vice psident. >> well, thas for what it's woh. motives, if we can gethe in's we'll get them. let's face it, it's hard to figure out anybody's motis for quitting ofce. ter on the show tonight. and presidt obama names his surgeon general today. is this his way of saying it's ma or break time for his health plan? that's in "the polits fix" tonight. finally, could there be another cheney in office more on thatn the "hardball sideshow." that's his dahter liz cheney, who sn't ruled o rubbing for office someday. we begin this y with the first day of the confirmation hearings for sonia sotomay. we have two mbers of the nate judiciary committee joining usight n. starting with senator di durbin of illinois. i was on the progr this morning covering this thg live, your hearings today, senator. richard lffe, who is a smart guy, he's got a big bookut about the campaignyou know him well, he says this is real a

surroge fight between the president'enemies and our president. let's take a look ght now at the judge making her ce in her opening statement. >> throughout my 17 years on the bench, i have witnessed th human consequenc of my decisions. those decisions haveot been made to serve the interestof any one litigant, but alwayso serve the larger interestsf impartial justice. >> well, that raiseshe question of whether her pathy for people is, in fact, prudice towards certain peop. has she addressed that iss so far, senator? >> i think she has. i think she's addressed itand ink it just stands to reas that each of us, no maer what we do in life, whether we have a "hardbl" show or whether we' senators or whether we're trng to be on thereme court, bring our life experiee to it. the people we've met, the experiences we've had. it's bnd to have some impact

sandra day o'cr grew up in a nch in arizona. it made a difference in the way she looked at the world, the way she alyzed human conduct. at's n unusual. >> wel i guess that gets down to the question of affirmati action and whether she on the court willut her thumb on the scale in favor of minoriti against people who mig lose in a case where t courts rule in favor of minorities. let me get to the kequesti here, the ricccase. the supreme court overled her when she red at the appellate level it was okay for the ci of new haven to row out a test because the results showed no african-americans passed the test for protion for firefighter. for higher oce in the firefighter operatn up there in new haven what did you make her position on that? did you suort her ruling in that case? >> i think her ring was the only ruling that sheould have handed down. it reflected 38 yes of court decisions. it reflected the trial court's decision, the appellatpanel's decision, and the full aelte court, and she jned into what

was early the precedent. alg came the supreme court and by a 5-4 vote, very cle vote, turned it er and said we're going to do it diffently. how can you hold that against her? i an, she was really taking the laas given to her over the years and applying the lawo the set of facts s was given. >> but a lot of people look at th as results-based affirmive action, not trying to create equal chance at the starting le ich is the goal of airmative action, an outreach which all reasoble people believe in, reaching out to aarger community in jus the usual wa the way guys get first d on jobs thug networking. when y get to the question of whether if the results of a test come out in favor of the whi guys, if you will, and then say we don't like the te because the whe guys won it, doesn't that seem ima facie like prejudice against white guys >> let's be nest about it. >> dsn't it? >> it sounds like a ntroversial issue that you and i could debate and pple are going to see differently. her role was the role of a judge. they asked her, wellhere are the set facts. she says, well, as a judge i can te you we've seen these before. in fact, whave seen them for

38 years anderis what we've found and i'll continue to find that way. if she'd have gone the opposite diction, people would have said, , she's a judicial activist. she's trying to te law. there are other people who cld do it. thsupreme court obviousl could. as well as tongress. but shisrying to find the appropriate role of the dge and i think she did. so you don't think the ricci case was reverse dcrimination? >> i can tell yo we can argue thaticci case and we will argue it. we will consider it bere congress, buconsider her role. she'the judge looking to the settled law, trecedent of 38 years, a she applied it the right way. okay. let's take a look ater statemenhere. th is heback in 2001 at a speech at berkeley. quote, i would he that a wise latina woman with the richness of her experiencesould more often th not reach a better conclusion than ite male who hasn't lived tt life. your view of that? did she take thaback today by saying i rule on the l, not on other issues? >> yes, she did. let me tell you,here isn't one

of us who hasn'tgiven a speech, including chris matthews and dick duin, who didn'te a line in tre somebody cod cam back and say, what did h really mean? the fact is, to judgehis woman and her lifetime of experience and h experience on the bencby the phrase wise latina is, i think grasng at straws. the bottom line is this man s a splendid life story, an amazg story. to be sitting up there on that panel today in the senate judiciary committee, and you could see her speaking, and then watch her mother's reaction to, that told you this is a great american story thashe brings to it. course she's proud about her origoming from the island of puerto rico, being bn in the united state and having served as she has in so many different aspect and of course she's proud of t fact that she did ll in school. but to suggesthat that means she's going to be biased goes too r. >> let me ask you about thhyde amendment. do you support it, t refusal to sndederal money on abortions, piod? >> yes. it is basilly the settled law, d i'm ready to stand bit.

i thk -- >> so despite the facthat the erto rican legal defense fund took aifferent position doesn't both you about her nomination, the ct that she suorts that group. >> n at all. she did -- you know, her job in the puerto rican legal defense fund aa volunteer to the board wasot you know, that really tsnto the attorney/cent retionship. it reallwas to try to guide this organizion. naacp or the puerto rin gal he defense fund, asayor bloomberg said, it only in washington that you can volunteer for great norofit group serving a group, tinto find its way into the mainstrm of america anbe criticized for it. >> so you don't lieve just to finish theoint, u don't program we're going toetn october in this ye, many of us hope we're going to get, should include federal funding r abortion. you think it suld not. >> idefinitely should have a conscicelause involved in it so that those providers, doctor hospils and others that canno in good consciee provide abortion services will not be compelled to.

i think that's been our settled tuation in america. >> should y publ program, if there is a public healthare program as part of this an shou any public program pay for aborons? what it boils down to is quloo we are going to even all health insurance policies to cover it. i think as long as the conscience clause involved in it, i n stand by it and say that's acctable. >> thank you very much, ck durbinranking -- actually majority wp of the united states senate. let's go to senar orrin hatch who was the committee, has been chairman of the commiee senator hatch, areou concerned about her position on abortion rights? i know as senator durbin just said, the hy amendnt is settled law. in other words, the fedel government can't spe taxpayer dollars on abortions. where do you stand? do you think it mit be a dangerous aspectf the w health care plan if that's included? i was just reading t "weekly standard" this weekend and the author in thatiece said thers a possibility that some committee whh uld be made up of the president andhe secretary of health and huma rvices, kathleen sebelius,

might ruhat it's in, that a federally organized health care plan, insurance plan, would acally pay for abortions. >> i just came from the heal, edation, labor, and pensio markup on the so-called heal care rorm that is the onsided l-democrat liberal bill, and theyt voted down an amendment that woulhave sustained the hyde amendment and th did it making it very clr thathey're going to alw taxpayer financing of abortions. now, we've never allowed tt, but that's how left ng they're going upere on capitol hill. it's really ful. >> you think thas deal breaker? >> yeah, there's no question about that. look, 've had the hyde endmen which has prevented e taxpayers from being socke for abortions and have their moes used for abortions since 1976. it's been accepted by almost erody, and here we are in the health committee -- by the y, i was the one that raised the amendment and it lt 12-11. in oer wor it was a partisan fight against it, but

even so the 12 leral democrats on the committee, anthey're all liberal except for cey om pennsylvania who voted wi us, it was 12-11, and that's what they intend tdo. they want the taxpayer-- >> ihink is going to be an issue. i thyour side may win this ulmately. let ask y about the nomineenominee for the supreme court, sotomayor. e's been a supporter of the puerto rican legal dense fund which says that it's unconstituonal to deny a woman a taxpay-sported abortion as part of a health care plan like mediid. do you think that mighbe a problem for r? >> well, she's on the board of rectors. it's not just voluntr job. she was onhere for years. as a matte fact, she signed a docume that i have in my files against the use of the death penalty ana whole bunch of otherery liberal left wing approaches that the puerto rican legal defense nd was for. now, y know, these are thing that reay cause a lot of us a t of angst. i co at this wanting to support the president, wting to support herbut the things make it a ttle bit tough.

the re riyci case makes it vy tough. ok, i heard senator durbin talk about h she was upholding the laas it is. that ain't true. in fact, her mentor who wrote the dissent on what they d said not onlwathat a case in first impression, but it should have been alloweto -- should have forced the lower courto, you know, to look at iand get the real fac involved, and it was a very, veryad decion. what they did hey wrote it in a way thinking that it looked like they wererying to make su that nobody would ever look at it. they put verlittle into it. didn't talk abt e facts. it was a pretty poor, shabby w of doing things. en her mentor got very ceed about it because of t nature of rst impression of that particular case. >> l's talk about guns. is there a question in your mi abouheview about whether the -- we have an indidual right to bear arms under the

state law as well as under the federal w? >>el she helped write the opinion in a case that really didn't have to get io that, but she then ia footnote just nteers language that shouldn't ha been volunteered at the right to keep and bear arms is not a fuamental right under the constitu. there's no rson why she had to do that, and, ofourse, she based it upon two cases that we- one was two centuries ago and the her was i think in the 1930 and those cases did not rely dwe in that rticular point. so, yeah, it's a mter of great concern. look, she's a very bright woman. she has a great story. heckground is a terrific baground. i like her personay, but i am concerned when judges get reversed because ty do things th really are questionable. she's had eight of ten cases taken up by t supre court reversed.

thenhe ricci case i remember nator durbin saying it was a 5-4 cision. yeah, it was in one sense, b all nine justices basically sa thathe case had to go back to get the real fts involved, and all ni jtices disagreed with what she did, and en though the case was 5-4, that was- the four were the beral justices on the courwh basically, you know, basically never see discmination against white refighters or white workers under any circumstance >> well, thank you vermuch, senator orrihatch of utah. one of the top rublicans on the nate committee looking into tomination of judge sonia sotomayor. coming up, the secret cia program dick cney didn't want congress tknow aut. this is serious business. decrats want an investigation into w the former vice president reportedly kept it from congressional leaders. they're supposed to knhat the cia is up to. , according to this report, did not want them to know about

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"the new york times"s" rororts that fororr r vi president dick cheney ordrder t theia to withhold inforormaononbout a counterterrorism program f fro congress, and d noththatome momocrs want to see some dedecrcratwant to see soome investstigioion that into the nature of thisis pgrgramwhat it was exactly, and why c chey y pt congressional leaders s t the dark. soso wt t extly was this secret countertrterriri program and was

itllegal to keep it from thehe coreress david d co i ithe washington bureau chief foror "mother jone mamaganene a a columnist for "cq popolicscs." and ron is a ann investigative reportrt a andhe author of f thbobo "the one peent doctrine." ron, you are thehe eerer what was cheney y t to re exactly? at did he authorize and whwhat d d heeep secret from the congress? >his is the early days s afr 9/11. ththe a a wafeeling it needed to build alalmo a a pamilitary capability to mamah h upith this st network, this web, , th matrix that was bubuilngngn terms of communicacaonons d financial l sueieillce. we know a lot t abt t at. the view was that esseseiaiall cicia uld sort of tag al qaeda operatives, jihadists, coourrsr, and they wouou l lead uso cells, and then theyey u use the pararilility capability to take the cells out.. at t thetatartf the so-called war on terror, the cia vieiewe itself essssenalallys a fighting agenent,s s a ghting entity, and

part of f wh w we' seeing here are what happened inin tsesearly dada, cheney said as far a as understand from m so c cls i have beeeen kiki, look, until we gegetoto aruition, there's no nene to brief this to anybybod > w t t hell is cheney -- first ofof a, , t's get this straight, , n.n. i want to gegeacacco. somebody hasas g t ttake a rerefrher course on the u.s.s. constitution. ev though this vevement's papastndnd out of histororight w,w,we've got t to know whahath hell happened hehere.. eneneyad no constitutional authority, no exececute e authorory y unr the cocotitution. he's simply y erere preside ov t t united states senate.e. andd tee his turn if somomhihing happens to thehe psisint. how didid g gethe authority to ll the cia to do anythining, much less conduct an u undcocor acacvivitynd not tell the congress about it? the congrere h hasuthority. h h none. why did theyeyakake ders from him?m? >> everything -- >> i just t wa t tknow why did ththe mn cia listen to him for a second? had no executive auththory.y. how could he g getwawawith it? >> cheney y s s -- > ts keeps getting worse e d worse and worse. why the congngre - - y does anybody let thahamaman

have executiveve ahohoty. headad ne. gogohehead your thoughts. cheneyasas acting at t th point on mattersofof ielligence essesentllllas the president. ththeyerere iefing cheney -- >> who saiaid ?? who o to t the ciaiao o ta orde from t thigugu >> well, youounonow >>ususa minute. ron. c cney -- >> t theacact it's juststhehe w this president, prprident bush, structureded h white house. cia would brief ththe esesidt and d e e vi president and then thvice president would esntntlly take over. he wououlde e ere for the daily opoperional briefs -- >> what does this all sasay ouou bu being the decider if f isis gudededes what congress knowows ababt t coterterrorism? >> there wasas aararty of areas that i have writteten ououand others have as well thatat t presididenesesseially says, just ke sure it gets done and i i don'n'wawanto know any more and ck will handle it fromom he.e. this is ononofof tse areas. so the president i in sese o emergegenccacabe deniable about some of f esese ings that we're doing that h he vever the united states never r shldld essentntlllly ke responsibility for. that was the way t thisysyem wowork..

is this runaway govererenent what is this?? erere'no constitutional checks on this guy because e heonon'tet cocoress know about iit. hehe h no cststutional accocotatabity because he has no nstitutional authorityty in other worordsifif t president tetellcheney he can do something, he tells s thcicia take orders from him. dodoeshe president ever callllhe cididictor and say take ordeders from cheney? >> it was a a ruructe set up to avoid accountability b bththe prprident specifically.. that was the whoholededea. >> go ahead, d dav c cor are you surprised byby ts?s? that cheney can give o oerers the cia? > iave to say i'm not surprised. as ron has written, , i i wte in the book with mike e isofoff aiain d again -- >> y youuyuyare writing books ter the fact. it didn't t dos s ch good at the titi. > i s sry. a lot of reportersrserere leep at the switctch ckckhen. ththcia serves the presidedent the e prididensays, hey, this is mymy g, , see him -- >> do you know if he e evetoto them t tha >> i don't knonow h hsaid that. but there's a a y y in burereauacac-- you know how washington works betetr r th anyone elslse. ifhe president sends a s snanal,

you deal w wh h di on this -- >> can you imagine l lynn n johnson callllinththe a and tellllg g th what to do? itit'sniniginable. >>epepen how you structure ththe >> spiro agnew caininghe cia. name a vice presiside in h hiory that wouou h he given an order the cia. t t interesting thing abobout the story so f f i is at even demomocrs s the hill have said that t trere'sot necessarily ananhing that was wrong wiwith what the cia w w t tryg to do. wewe c't'te sure because we don'n'hahavehe details but here we have e cheyey oe again showing his utr r diegard for republican governmenents- - s swhy do we have electioions let's take a looook i it. we'r'rheheres "the wall street urnal" reporting todayay. amid the high h alt t foowing the september 11th t terriri attackck a a sll cia unit exexamed the potential for targeted assassinations ofof a qaeda opererateses. according to threeeeororme officicial memefficials who advocateded t approach w we e seing to build teams of c c a andilitary special force cocoanandoto emulatate atat t israelis did after thehe munich lylymps, terrorort attacks at t

olympics, said a anoererormer intetellenencefficial. quote, it was straraig o o of the momovi.. one of the former intelllligcece officials s sa i it s like let's ki them all. okay. lelet'get away from the exacac substancnce t t question of authority y d do is. i remember oliver nonortananall ththhell we went through w whewe hahaveenegade people doing stuff wiwitht t cotitutional authority, b b y youay this president said t thihis ce president, y youo o is dirty work, what he useded tcaca the darkrkidide whatever cheney called it, andnd d't'tell me abt t it do we e kn t tt happened? there e waacactuly a convnvsasati like that? > iavavno doubt there was that conversation. ththe ct is -- >>ut we don't know there wasas. u u ju assume -- could it be e cheyey'sanner, his ability to simply tatakeututhoty went alongng wh h thpresident's dedeluonone was the decider? >> no, i think -- that there never was a conversation. >> the presidentntndnderood the structure here. you know, , heasaso fool. hehe w i ithe white house. but what happens here e is essentiallllhehe'sot a violation ofhehe bic issues of accountability in a dedecrcrac chey could operate this. we're not talking g lilie rth w.

wee talking the vice presidedent ofhehe uted states acting as a a presididenwhwho directing in this case e noonon vast surveillance actctivieies t ostensibiblyararamitary units to rrrry rough to some sort of outcomomwhwhate're finding. what's interesting a a i imptant that we didn't actualal u use these units beususe e susueillance was not stronong d targeted enough, f fralylyto employ t the y y know, and ththat one of the reasons why netta can so easily clcle e th prprram. >> re's the nationanasecurity acinin7. th amendment sas,s, the approximately shshl l enre that the cocongssssnal intelligence mmmmites are kept fully and cucurrtltly formed of the ininlligence activities ofof t ununit s stes including any signgnicicananticipated intelligigcece aivity. so i if atat'she law according totohese reports the vice e prpresent violated them. >> listen, there didn'n't veveo be the cononrsrsatn you're asngng uabout between bush andnd cheney. i i ink after 9/11 it was s prty clear to both ofof tm m wh their rolelewewereoing to be. w, cheney is a guy who

wouldn't even givevep p thnames of thehe pplple o came to talk to his staffff aututnergy issues. , of course, when it c com - -- >> he would d vever ll us who wawas the energy -- >> o on susuafter issue he said i'm not going to sharerehihis th congress. i don't trtrusththesguys. whwhicmemeanhe doesn't trust our very sysyste e e on way you're allowed d do secret stuff under r ou nsnstition is if there's somom sortrtf f ovsight by people who are electetebyby t general blbl. not justst t p predent and the vi president. >>t't'amazing we elected vicice president cheney a a s scoer libby to r runururountry. it's'sust astoundg g to me,e, e president let these kids o orare like it was theieir ayayn. >> this s cabebe iestigated by the house and senene e intelligence commimitts s >> will they have e thnenee to do i it? david, you're an expert.t. sorry, ronon dodo y think the house and setete he the guts, the strength, to demand a a fu o o the rerd, underatat explanatioiofrfromhe vice presididen o oers regarding ththis including ooter lilib,, chief ofof staff, d dav addingt,

the e whee band of them. tata them to conongrss and take them tell the truth? >> i think what panenea a isoing here is ththrongnghis up to oba a sang this seems to be a a violation of law, viololatn n law thatat'slelearand that in a waempowers obama to say i'm m mpmplypholding the laws. that's where we mighght t t so action here. >>ononi want you on again ththis week. pleasese ce e ck. ron and david, you're e waways welcome herere. speaking of didickhehene could d s see cheney family popotical dynasty? well, we'll sese that's a little e mo t trial. stick anand r r e "sideshow" next and t tt't's ere that topic bengng tools are uncncomplat? nothing mplicated about a pair o10 inch hose clamp pliers. you know what's omomplated? shipping. shshng's complicated. not really. with priority mail at rate boxes from the postal serervi ipping is easy. if it fit i i ships anywhere in the country for a low ft rate. that's not complicated. come on. how about...a hahandakake. alright. priority mail flat r ratbobos only from ththe ststalervice.

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we send you a check for the difference, automatically. what an n opening. back to "hardball." time for t the "sideow." first , dick cheney's daughter, liz, has b been maki the media rorounds awe know for months. apapparentlyo defend her father's t tenure asice

presidenand the man who many believe was the realal deciderf e last administration. certainly that wasas the ce when it came to matters of wawar and the ses made for war. also, ase just learned from "the new york timemes" of keing congss in the dark about c c operatioions, whh "the wall stre journal" reported todayay included assassinationon teams, asssination is the rightht word totose forilling al qaeda operatives. in enting the political frayay isisiz chey considering a run for ofoffice herlf? here is what s s told e "washington titis" rad show today.y. >re youourself planning to run for a political l office a some poioi in ti? >> it's not someththing that am gog to do right away, bubui am absosolutely iawe of and inspir by people who do run n for ofofce, ani have spent a lot of time e rking promoting democrcracy arnd the world and it's just mamade me ally grateful for our sysysm and thk it's given me a realal undersnding of how importantnt it is s for peop to participate.

so it's somethining i mawell do down the road here.. i hopepeo, younow, have the oppounity at some point to have that makeke sense f my family and everyththing el that's's going o sounds to me le she's caught the litical bu actually, , m impressed she h h the guts t t make a run. she does, i'll me a real effort tcover the race. >> timeor tonight's big number. "thehe wall reet journal" sueyed a group of top economists andnd askedhem to rate presidede obama handling ofof this nancial crisis we're in right now. ll, as a marker, formemer president bushsharned median grgre of 5out of 100, a failing g rk in st schools. how does the n n presint rate? the economomists ge president obama a a medianrade of 70 out of 100, a passining grade,ut narrowly. it's n not alwaygoing to be this wa but we can still argugue, i think, that the hehell we' cing economically, thehe unemployment n numbersor example arose out of the pololicies ofhe lastight years, the mistimim and misasalied bh tax cut jammed throuou, and,f course, ththhallibton war economics of

thlast eight years, not ththe urgent steps the lasast halfear to b blame. anyway, bobottom linso far, president obamama gets aassing ade from the experts of f 70. he didn't papass by flng colors. tonight's "b"b numbe" up next whenenarah pin anannounceshe was quitting as alaskakaovernoshe left many qutions out there. why, why, why?y? we have some answersrso thos whyswhy she quit, in light o of what's going on. we'll l try to fure that out and what might b be in h immediate fure besides making moneneon a speaking tour. conversation ) gagart you're up. hold on, i'm a at capitalone.com picking a a photo... for my credit card. he's one from my prom. oh, what mememorie. how 'bout one from our golf outing? ( shouting ) ii kw,w, mbe one of my firststororn n. dad, mom says the b bo gotta go. personalize your card by uploading...

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here's what's happening. bad weatheras againorced nas sa to scrub is evening's

launch of the space shuttle "endeavour." this is thfifthttpt to send "deavour" tohe internationaspace station. police in florida say up to eight people may havbeen inlved in a deadly break at theho of couple known for adopting disabled children. authorits already have three suspects in custody. an unhappy first for the s. economy. the treary department says t federal deficit has topd $1 trillion. officials say surge in government spending coupled wi plunging tax revenues are blame. stocksurged more tha 2% today on light summer trading ana bullish report on banks. the dow jones industrials gained 185, s&p up21, nasdaq added 37. back to "hardball."

the 21 century hits "hardball" tonht. d you see the graphics? welcome back sarah palin's erywhere as e's the front page of todas "new york tis" in a piece about her road to resigning, and she's the coveof "time" magazine dubbed the renede, and today in newly released deral election commission reporte learned she definitely knows how to raise money. she may have resigneas alaska governor bause of it, but is she unstoppabl pat buchananmsnbc contributor, politil analyst. and eugene robinson, pulitr prize-winning comnist. nbc analyst ""washington pos"" she's apparently raised three quarters of a miion dollars alrey on behalf of her pac. she's obviously ready ign up with se speaking bureau. she's going to bout there, gene. i guess there's nourprise if you ink of self-interest why she quit the governors shdoesn't have to put up with some intramural fight fo funding. the crap you always take at home from awhere if you're a politian.

home is the wot place to be for most politicians, but is there another story here? is shen the road to being the nominee for next time agains barack obama? >> y know, i really doubt it. and there was -- >> do you really doubt it? really? or are you afraid it? >> no, i really doubt it. there was a ti right after the election when pat most had me convinced that sah palin was the future othe republican party. i evenrote a column saying watch out fopalin, democrats ould pay attention to her. i just think this leavinthe governor's office the way she did, thehaos that there's been up there in the paew months, ju the general -- >> but she's going to blame you and and everybody else for ing th. she quit becau the national media wouldn't g off her backside. >> i don't think she's got wt itakes to actually run for president or to tually- >> i wonder what p and a party that's down to 26% oe electorate right nowhat only includes the rht, isn't she perftly equipped to be the nominee at this point? roger simon said on "meet the pres yesterday that she'd beat mitt romney tomorr or today if they had a fight. >> it would haveo takene year going out to iowa.

shwould beat him today, i'm not sure if she'd beim after a year. e real question is -- who's the better peaker? >> sarah pin is one of the >> who's thbeer campaigner? palin is the better campaigner and speak. she's a sensatio there's no doubtbout it. >> i agr. >> t question is can she get the middle of america toove to her -- >> why should she needhe midd if thright wing controls your rty? >> tre's no doubt she could win thnomination, but i have a hard time believing shcould win the presidencyf the united states unless the untry in a real general dister because of theue of credibility -- >> okay. >>nd confidence that's -- >> okay. you guys a all historians of politics. we all love thhistory looking back. when aarty looks like they can't beat the incumbent whher it's '64 with goldwater or '72 with mcgovernand yo re on the other side of that fight, that's when thego to the far corner political when you can't win, you have someun. you followour ideology. isn't thishe perfect setting right now, if yocan't beat them, ha some fun running --

>> if he's running, barack oba stays runninat 60% over romney and her, i think the thingo do would be to nominate her. but the estion is i'm not sure she's going to run. at was a devastating piece in "the new york ti in this see. it shows what a tremendous pressure this womahas been family is under a attack she's got these lls. she's got fi kids, granddaughter there. shs got ethics charges, runs alaska -- "the w york times" reported -- wrote a book. >> reported today the front pagery, right on the front, paphrase it, main point, the republican gernor's association sent tir top guy out to adve her keep a neat scle, get organized, be a regular politian. >> find a way tonswer your phoncalls. >> she said i n't wa to do that. that's not my plan. i want to be a regade. >> is in the context, as pat said, really this atmosphere of crisis in e family and, you know, in the wake the great disruption ohaving -- this is great g thing for her. >> why would the goverr's

conference sensome guy up there tell you how to run your office? for heaven's sakes. >> i don't get it but -- >> it isondescding to say the ast. >> it isned sending. >> s's a vice president ndidate -- >> sharpen your pencs and take good not. here is youropy book. here is father of palin's grandson. leviohnston on the "today" show. i have a problem quoting thi guy,ut he is a family member, you kn you ner know how much intrigue the is with these guys. here he is on the "tay" show this morning goingfter h almostormer -- well, his almosturnt mother-in-law, whh is not surprising in american life eithera fight like thi but here he is. >> almost, was gng to be. >> shens a lot to me. you know, i'd do just about anhing for her, but i really don't think i would vote for her if she ran for psident. to be president?she's equipped >> yes and no. >> uh-huh. >> i mean, she's versmart, but i just don't thi she can

handle the stress level as governor i don't think she can handle it as president ovice president. >> tre's your witness, pat. couldn't find kato kaelin. >> what i said this ing -- that kid down to the creek a hold his head der water until the thrashg ops. >> think she may have been a winner in that one, the mother-in-law. >> what are you having this guy on telion -- this is one of her problems. she's up there with these ethics charges, s's got this stuff on the "today" show >> i'm on her side. i'taking her side. >> it's not all thworld against sarah pali sarah palin created some othis herself. my queion is was that resignation an ed muskie momen a rd dean scream? was this a momt that -- >> let's go back uskie. in 1966 when you signed up with dick nixon and you said weave to talk about '68, he said first '6

could be her '66 is 2010. she campaignaround the cotry, couple guys like charlicrist win anyway, tom corbin wins in pennsylvani go around the cotry. five osix guys win and she campaigned for them, and the she claims i picked 23 seats in the united states congress. >> you do this -- nixon, we went to0 congressional districts, 35 stas. what she does is campaign l over the country forhese guys, read and study as she's doing this -- >> pick winners. >> big seches where she makes a few bucks toay off these debts and take a look d see if she wants to go for that yeain iowa and new hampshire and whether she's up to dointhat with the family difficulties - >> but in thmeantime she sces victories. e identifies with winners. you got to give her credit, is her plan. will it work? >> she can rk up a bunch -- >> she hangs out witwhitman, she mighwin. hangs out withom corbin he probably wins. goesaround the country, picks fourr five winners, and she's part of theteam. elecon night, where do we go, we go to sarah palin election

night. >> if you're meg whitman andou want to be goverr of california, doou sayarah palin come o campaign with me. the inland counties. thank you pat buchanan. we'll be rig back. >> inland empire >> inland empire. we agree it's '66. route 66 for sarah pin. up next, how hard will the republicans grill sonia sotomayor when the questioning gets tough? arthey going to beat her up or are they going to be ceful? "the polits fix" is up next. welcome to the now netwo. currently, thousdsds opeople are enjoyiying t new palm m pre wi i its revolutionary web osos. they'rrunning multiple le applications atthe same time. -- ( thder and rain ) - million are using thsisimp everything plan. ch is saving $1200 - ovr r an at&t iphone plan. - ( cash register dinings ) together that's over $3 billion. - enough totoopen a dunkin' donuts ispace. - ( waiealkie sounds ) roroerica's most denendable 3g network. brininging youhe first and onlyireless 4g network. get the palm pre f from spri. only on the w w twork. deaf, hard of hearinanand people with speech d disabilies accessss www.sprtrelay.com.

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> unless you have a cocolelete meme-down, you're going toto g confirmed. d i don't think you wiwill but, you k kno t therama's being crted here is interesting. >> that's media-smsmarlilindy grgramam osouth carolina. we're back.. 's time for "the polititicfifix" thth hard fineman stiti ross from me,, snbc political a aalyst as well asas "n"neweek" expert. lelet start with the personal story. i ntnt mia teresa to pick up on this. i i wa t ttell you what grabbed me. i admit t toavavg one of those mahews thrills today.. when they y ta - -- en she talked a andhahabig, happy face of hers, and i meaeaitit poposiveve, she came across as so real.

when she talked about t thwawa shananher mom, her mom goingng for an rn, r regteted nurse rtrticate, and sat with heher brotothejujuanand they all did their homeworkrk tetethe i i st imagine in cramped d ararte in some kitchen, the smell of the food stilill erere. i can see ththe omom it grabbed me.e. ww ey pulled emselves upbyby ththr r bo straps, thatat famil. >> for me that was a a psosona story. that's basalal what my mother ani did, believe it or n n.. i was studying to o gruaua from colllleg m my ther was getting her aa at the same time. it was s setethi that for me was personal and i identntifd d wi itit more thahan ytythi, her story is qutetesstial america. i ink there's parts of her story thatatveveryingle american and household can idenenti w wh, etetr losing a father, wheheth a single mother,r,heheth struggggli b becse you're the only woman in ththe omom oyou're the only ethninic nonoty in the room, or because youou a o of ddddenecided that you're going toto iervene and save basebaba for the rest ameririca it's pretty speciaial. > l's listen to the nominee herself mamaki t thacase. her storory.

>> on n r r ow my mother raised my brother and me.e. she taught us that theheeyey t susuccs in america is a good education. and d e e sethe example. studyiyi a aloside my brother and me at our kitchehen blblso that she couou b bece a rerestered nurse. wewe wked hard. our achievements are d d t to e values that we l lrnrneds children.. and theyey he e ntinued to guide my life's endeavors.s. >owowerl. > wl,l, ias -- i was sitting right there, a few rows s bendnd her. right afteteshshe id that, she tuturn around to her mother, who was sitting right t bendnd h, and saididalalmo whispered, "t"tha y y, mom." it was a private m momt.t. bubua wonderful moment. and encapsulates t the fffficties that republicans will have in derailili h her beususe ey're trying to poray somebody who is ououofof

the mainstream, who o reesesn emotioio n notn logic, on ethnicity, not on n rdrd wk. everything a abo h h story, eveverhihingbout the way she presents herself - -- e e ca and thdignity and the workmamaikike fashioion e'e's ved her life -- unrcrcutwhat the republican memeage is going to be. so that t peonon moment is also a veryry iorornt political one. >> it's s e e fit time, maria tesasai've heard somebody adadt t th sweated to get a scsclarship. eyey dn't get it out of sheeee iq or s.s.a. s scomaking ability like so many people wewe kw.w. she did it becauauseheheat at that tablele a d d her homework, hos s anhours and hours of it,t, g g it right so she couldld move to a school likikprprinton. >> increredie.e. ii think w wt shee does alals shshe' coununating to a laargee part ofhe population n yiyi, u u ca dot as well. thatat ii i ink what the rerepuicans are going to havava hard time. i i ink lindsey graham, yoyou id it. hehe'sedia-savvy. hehe rlilis there are others of miions of americans listenining to this s coirirmaon hearing. ththe y they started off the

ssions specifically wawas ugugh. they were trying to lalabeheheas a a lano woman that basically wasn't sure e ifhehe mited being there because she might bebe viewing the worlrld o o mu in thososliline > think if i were a mininory like that, of any minoririty status like that, anand imgrant like my parents' grandparenentserere, would say, what m mordodohey want from us? we'll be right back. 10potato chips...

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