look, you've got claire mccaskill, bill nelson, john tester and chuck schumer representing people inew york and he says, you know, people living in new york make $250,000, their expenses are huge and they're not just business people. there are people actually that make that amount of money in two-income families. >> jonathan -- i'm sorry. >> i want to ask what these job creators have been doing with these tax cuts so far and how their situations have been improved greatly and how they're hiring so many people and how this would all stop. it's ridiculous. >> it's not ridiculous. >> come on. have they worked? >> we're talking about people right now, we're not talking about millionaires. >> i know. >> we're talking about people making -- >> i would prer that. >> $250,000, $300, $350 struggling to keep their businesses open. they're not creating jobs right now. >> so -- >> they're fledgling to keep their businesses open. >> the tax cuts in place by bush haven't worked? >> the tax cuts put in place by bush, afforded by president obama, these are really obama tax cuts -- >> they haven't sp

you claire mccaskill, john tester, bill nelson, three democrats in tight races this year who made the case, at least nelson did, to limit the tax cuts to people who make over $1 million as opposed to the $250,000 mark as noted by the president. >> well, that is in the senate, i was thinking more specifically about the house. but you're right. nonetheless, it's a tax cut for everybody. i think we have to remember that. everyone gets a tax cut up to $250,000. when corporate america received $2 trillion in profits last year, the highest percentage of profits as a percentage of gdp in the history of this country, no one is hurting in corporate america, and that's the 2% we're talking about, at the very tippy top. >> let me play what john is a knew knew said in the last hour. i'd like to get your response to it, please. >> the president, again, chooses to demonstrate why he has ruined this xhu. he doesn't understand why he's behind the eight ball with 8.2% unemployment. he's behind the eight ball because those people who invest in jobs, that want to put money into create jobs look at this

>> oh yes, jason chavez from utah had a hearing on that and be talking again with john tester the senator from montana about that. so there is support in congress for it. now it's got the endorsement of the supreme court as well as others and we will move ahead. i've estimated it would cost approximately 8 million to $10 million to have a complete tea da base that's 98% at least complete and dod says it was 95%. >> how many years would that take do you think? >> three years. >> three years, doug, thank you very much. thanks for doing a very important job for us, we really appreciate its. >>> coming up my notebook. i didn't quite know thiwhat to expect.our. i'd seen the images on tv, but until you're in the thick of it... anyway the guys in my unit who'd been here before, told me just ride it out, keep my head down and remember the reason i'm here. and we're paying for it all with my cashrewards card from navy federal. we're earning cash back! bring it. brought it. brung. 4 million members. 4 million stories. navy federal credit union. >>> at the same time the supreme court upheld presiden

last night on the rachel maddow show, montana senator john tester talked about the failure to move the disclosure act. he told rachel, he thinks next time he thinks his colleagues should vote pour it. >> in montana, everybody says they're for transparency, yet, when it comes to voting for it, sometimes they don't. hopefully, hopefully, common sense will prevail here and next time we have a vote whether early this morning or tomorrow, we'll get enough votes to be able to move on to the bill and get it passed. it's the right thing to do for this country. it's the right thing to do for montana and i think it's the right thing to do for democracy in general. >> lean forward with the rachel maddow show weeknights at 9:00 eastern right here on msnbc, the place for politics. here's your first look at other news going on aund america today. in new york, a heart stopping rescue here. alt 7-year-old girl plunged three stories but was luckily saved by a bus driver that came home in time to catch her. he saw her standing on top of an air conditioner unit and tried to convince her to go back inside

john tester and claire mccass kel.u look at the list of democrats who announced they're not attending with the exception of joe mansion in west virginia it reads like a list of vulnerable congressmen. >> i misstated it before. neither are going 0 to the convention so maybe it's a moot point. thank you very much. >> thank you, neil. >> she sang, she lost, she's suing. she's next. kind of. home protector plus, from liberty mutual insurance, where the costs to both repair your home and replace your possessions are covered. . we can actually replace your stuff with an exact or near match. plus, if your home is unfit to live in after an incident, we pay for you to stay somewhere else while it's being repaired. home protectorlus, from liberty mutl insurance. because you never know what lies around the corner. to get a free quote, call... visit a local office, or go to libertymutual.com today. liberty mutual insurance. responsibility. what's your policy? >> neil: rihanna mad and fighting back because while she sang to million

. >> senator john tester of montana, thank you for joining us tonight.te night for a lot of democrats now. i appreciate it, sir. >> thank you, rachel. >> we have the best new thing in the worldcomi coming up at the of the show. [ female announcer ] with swiffer wet cleaning better doesn't have to take longer. i'm done. i'm gonna...use these. ♪ give me just a little more time ♪ [ female announcer ] unlike mops, swiffer can maneuver into tight spaces and its wet mopping cloths can clean better in half the time. mom? ♪ ahhhh! ahhhh! no it's mommy! [ female announcer ] swiffer. better clean in half the time. or your money back. ♪ or your money back. this is new york state. we built the first railway, the first trade route to the west, the greatest empires. then, some said, we lost our edge. well today, there's a new new york state. one that's working to attract businesses and create jobs. a place where innovation meets determination... and businesses lead the world. the new new york works for business. find out how it can work for yours at thenewny.com. car

. >> john tester, etc. >> webb, and the nelsons. >> but what's significant about this today, what i think makes it more than symbolic is, yes, this is symbolic in terms of the campaign but the campaign will be extremely important for what happens in that lame duck session. if you elect mitt romney, these tax cuts, they're sticking withes in perpetuity. if you re-elect president obama, they are going away in some form. it will be negotiated. >> you can be certain of this renewed bush tax cut fight will make its way into political ads. political ad spending nearing $200 million and we still have four months to go. thank you, citizens united for opening the door on unlimited donations which is funding ads like these on the air right now. >> america's jobless rate is still too high. barack obama's got lots of excuses for the bad economy. >> head winds coming from europe. >> he have would' had a string of bad luck. >> an earthquake. >> an a.t.m., you don't go to a bank teller. >> things we couldn't control. >> we've been a little bit lazy over the last couple of days. >> but obama never compla

dean heller faces congresswoman shelly berkley and number three montana and senator john tester's battle against daini rehberg. virginia number two, tim kaine and george allen in a dead heat and the most competitive race in the country, massachusetts and the battle between senator scott brown and democrat elizabeth warren. remember republicans only need to win a net of four seats to take control of the sena. we'll be back. the new depend silhouette briefs for charity to prove how great the f is even under a fantastic dress. the best protection now looks, fits and feels just like underwear. we invite you to get a free sample and try one on too. mid grade dark roast forest fresh full tank brain freeze cake donettes rolling hot dogs bag of ice anti-freeze wash and dry diesel self-serve fix a flat jumper cables 5% cashback signup for 5% cashback at gas stations through september. it pays to discover. >>> welcome back to "hardball." joe walsh, known for calling the president a liar, finds himself under fire for comments he made sunday about his opponent iraq war veteran tammy duckworth. walsh

feel that the ailiaon wh present ama ll bse agnst them wh you loot joe manchin, claire mccaskill, john testerntana, you're looking at nato sing,ey, m no surehat reay wa to enlyidenfy, gen wre t publ is d thpubl rulg. anihinkhat'azy. >> whe y look at democrats, intimidation is sort of built in. rember with bill clinton, they re n rhing to hde. if y loo aheayhat e repuicanrespd whnef thr ow are in tublend mocrs do,emocts td to ruhe othwa but i think with this particular president there was alws fe. at'shy docrare a jori par. it doe't mnnour aracr yodon' sta b ur ader me wt may, ty we like, we love medicare. no, you don't. >> well, they are getting down with mitt romney, who ty don't like. ey dnot lik mt mney ey a likeyes, mt roey ouruy. and wt i wld aosay, to iny busess ofetti ontage and talng aut tse bigssues to folks, having to mp it down to a place where it's digestible, i think the o thing that democrats don do in thei pns i back ama' gealtcarerefo. thmostssivarde thi xplaer,obodook e condartf that pnnd said, we need to be able to sell this thing, go great guns and make it amazing untilnow.

when you look at joe manchin, claire mccaskill, john tester in montana, you're looking at senators saying not sure that we really want to openly identify, given where the public is and the public ruling. and i think that's crazy. >> when you look at democrats, intimidation is sort of built in. remember with bill clinton, they were not rushing to his side. if you look at the way that the republicans respond when one of their own are in trouble and democrats do, democrats tend to run the other way. but i think with this particular president there was always a fear. that's why democrats are a majority party. it doesn't mean in your character you don't stand by your leader. come what may, they were like, we love medicare. no, you don't. >> well, they are getting down with mitt romney, who they don't like. they do not like mitt romney. they are like, yes, mitt romney is our guy. >> and what i would also say, too, in my business of getting on stage and talking about these big issues to folks, having to tamp it down to a place where it's digestible, i think the one thing that democrats don't do

my colleagues again, assure me that john tester can win. he has got a fan club here.north dakota is going to be very difficult with the recent ballot initiative. it may give her the push that she needs. i think that we will take virginia. i think it will be done only if we get strong strong turnout in northern virginia. it is doable, totally doable. and so that is important. maine is probably going to go to agnes king who is an independent he is -- [inaudible] so when you do all of this and you finish up, this is where i think we are. it is just as tight as it can be. i think that we are going to have -- my calculations give us 48 based on a whole, literally stacks of data. i think the ones that are going to make the difference and that are going to be critically important to our massachusetts, which is doable with enough work and enough push. nevada and wisconsin. i think that no one knows which way maine is going to go. i think we will end up with a 50/50 senate and the vice presidency will make a difference. so women in the u.s. senate, no matter what happens, noth

joe manchin in west virginia, tester, for example, john tester, claire mccaskill, they may declare they are not going to vote for any tax increases which can be used against them in their own re-election bids, very, very tight close races right now. so he doesn't necessarily even have the votes in the senate if he is trying to pass new legislation to get -- to get what he wants through. so it is not going to be that easy for the president to get what he wants, certainly not the house of representatives, but maybe not even in the senate. and that's -- that explains, i think to a certain degrees, maybe on a different page. the former house speaker man iscy pelosi and chuck schumer, influential senior senator from new york, obama administration said instead of the $250,000 threshold, make it $1 million. don't increase tax on anyone making under $1 million. but do the million dollar level. and i think that's part to make it more enticing for some of those democrats, for example who are in tough re-election battles. >> i think that's something our dana bash is going to be able to cover in a

gotten the votes of jim webb of virginia, ben nelson, maybe not even bob casey, maybe not even john testerer, as it is, it only passed by one vote. so given that fact, you wonder whether the law as passed now called a tax, was actually kind of fraudulently passed. and everybody is trying to shift the ground here when they're asked, well s a tax or not? well, it doesn't matter whether it's a tax or not, david axelrod said. well, i guess it's now declared constitutional by the court, but for future precedent, which as a former clerk myself, i'm concerned about. i think it really does matter whether the court after the pack can rewrite a statute in order to uphold it as anthony kennedy said in the dissent. i believe you shouldn't able to do that. >> brian: governor romney's senior advisor yesterday said he believes that the governor believes it's a penalty, not a tax. totally different than the republicans were saying, the republican leaders were saying over the weekend. >> yeah, well, what i think is that as a legal matter, i think romney is right. i think they have it right. i think as a ma