coverage right now. >> good morning, i'm stephanie ruhle. so much to cover. breaking overnight, the last stand. senate democrats in one final all-out, all attempt to stop betsy devos, holding the floor for 21 hours and still going. >> betsy devos is completely unqualified to serve as secretary of education in this great nation. >> if they get one more republican to flip, devos is done. and the battle over the ban rages on. legal arguments set for today. president trump's justice department arguing to reinstate the travel ban calling it a matter of national security. terror. terror, truth and the news. the president claims the media deliberately doesn't cover terror attacks.

>> in many cases, the very, very dishonest press doesn't want to. >> the white house list of underreported attacks is now out and causing more controversy. an nbc news exclusive. the target of the navy s.e.a.l. raid in yemen is revealed. the terror leader still at large and now taunting trump, calling him a fool. so much to cover today. we begin with "d" day for betsy devos with the senate posed to vote at high noon. right now, it appears the vote will be 50-50. that means vice president mike pence would have to swoop in to cast an historic deciding vote to approve devos. senate democrats are not backing down, launching a furious, all-night debate that is still going on at this moment. this is a live look at the senate floor where the 24-hour talk-a-thon continues.

democrats are hoping to con vinls one more republican to join them and block the nomination officially. this kicked off around 12:00 noon with schumer's blistering critique. >> she is the least qualified nominee in a historically unqualified cabinet. >> a few hours later, one of devos' biggest critics senator e liz best warren tore into her. >> it is difficult to man a worse choice to head the department of education. >> a possible twist. democratic senator, debby stabenow claimed on tv they may have the votes to deny the position. >> we may, in fact, have an additional republican colleague voting no, which would stop her tomorrow. >> back in the senate, the speeches kept coming. >> it is clear from her testimony, betsy devos has not done her homework.

>> clear concern about her basic lack of understanding of basic education issues. >> this is not a job for amateurs. >> what will happen? no one knows. you are in luck. we have the best team in business covering every angle of this dramatic showdown. i want to start with msnbcs casey hunt live on capitol hill. casey, you are on the inside, 24 hours. how is this expected to go down? >> well, steph, you have this new piece of information from debby stabenow, that she threw out there late last night. we have been talking to senators who we thought might flip on this the last three or four days here on capitol hill. from what we can tell, the reporting shows the count is still standing at 50-50. we have talked to a number of democrats or republicans from more moderate states or states where there might be one democrat and one republican senator, places like north dakota, for example. so far, we can't find somebody

who is willing to flip. we think, at this point, mike pence will cast the tie-breaking vote. it would be an historic tie-breaking vote. no vice president has ever broke a tie on a cabinet nomination before. public pressure like this has unpredictable consequences. we will continue to talk to members to see if there is somebody else. of course, donald trump weighing in on this. he tweeted today, senator dems protest. betsy devos is a reformer and will be a great education secretary for our kids. the reason she's having trouble, democrats are opposing donald trump's cabinet nominees related to the political temperature and what we have been talking about with the immigration executive order. betsy devos generated particular opposition and part of it is her ideology, part is the fact she supported charter schools and

vouchers. a lot is how she performed at the confirmation hearing. it did not stack up to what would typically be expected. she didn't know about programs for kids with disabilities and it's given people pause. steph? >> i want to break it down with our panel. msnbc contributor steve schmidt and jason johnson politics editor at theroot.com. good morning, gentlemen. >> good morning. >> good morning. >> steve, let's start with you. how much pressure are republicans under to move their vote, not just this 24-hour talk-a-thon, but their phone lines are filled. you can't get through to say i don't want this woman. >> tremendous amount of pressure. this is a litmus test. republicans are going to support the president on this one, they are not going to take a walk. when you look at her testimony, she was clearly not competent to the task and so democrats have a

point when they say, you know, this is just a person who is not qualified for the job. no republican is going to lose their job in two years time because they voted for betsy devos. this will pass. >> what does it mean for democrats, given how outspoken they have been this 24-hour show, if they can't move the needle, does it show their hand that, uh-oh, we can't get anything done. >> they have to do this. they have to keep up with the people protesting. the democrats have to say, hey, we are doing something, we appear to be busy. the numbers aren't there. there's not one republican who is going to waste their political capital two to three weeks into the trump administration by defieing him so blatantly. there will be things down the road where they place votes trump is not going to be happy with. you are not going to do it now. he will come after you on twitter. it will hurt you. i don't think any more republicans are going to switch their position. >> what does that say to

america? if all the democrats say, i'm going to block every single candidate that goes through and republicans say, listen, this one might not be qualified but i have to vote with the president, isn't that exactly what america voted against? >> it is to some degree. you have some republicans that say i'm not going to break my pick on this. i'm concerned with the president's comments with vladimir putin. ime not going to try to boil the ocean. i'm going to hold my fire for national security issues. for issues core to the security of the american people. national security issues. at the end of the day, the reality is this. >> what, kids know better? at the end of the day, it's just kids. >> there's not a lot in reality the secretary of education can do to screw up education in america the way our school system is organized. that's the truth. >> that's not true. she can have an impact on where the federal funding goes. she can take a stand on issue that is are important. if her powers are expanded, if

they say, look, we are going to give you access to this or that. in the grand scheme of things, again, no one is going to lose their job over this. no one's life is going to be ruined. mathematically, the democrats are going to have to find a way to stop things and influence things if we don't have the numbers. it will be a bigger fight at the supreme court and a bigger fight with the judicial nominations. i don't think anyone wants to use their best ammo on this fight right now. >> i want to talk about national security. the clock is ticking to the deadline when the circuit court of appeals will hold oral arguments over the travel ban. i want to bring in pete williams. pete, what are we expecting here? >> the trump executive order on immigration will remain on hold for at least another day after getting the last of the written filings in court on monday night. this three-judge panel, the appeals court that hears the

application decided it wanted to hear an hour of oral argument. it will be done by tell foen. the lawyers will be in their office. they won't actually come to the courthouse. this will last an hour. once that's over, at some point the court will rule relatively quickly, depends on whether they want to write it or how much detail to put in the order. maybe an order would come tonight or tomorrow. in the court filings monday night, the trump administration for the first time raised a possible fallback. it said, if the appeals court is inclined to rule against the government and for the states to keep the hold on the trump order, the most it should do is let the executive order go into effect and give an exemption for the people allowed in the country once before and want to return or people here on visas and want to travel and come back. what they say in the filing, as you see on the screen, at most, the injunction should be limited

to what the states say was their basic problem. the states said the problem with the executive order for state is hurting their economy and educational system, their units, because scholars and students are stranded. the companies can't hire the best employees and that's been the effect on the states. then, of course, whoever loses before the appeals court will rush to the supreme court, stephanie. >> i want you guys to weigh in on this. how important is it for the white house to win this appeal? this is the first major executive order. >> i think it's high steaks. it's going to the supreme court regardless of the outcome. what is true about the executive order, as it stands to scrutiny in the federal courts, this was a political stunt. this has very little to do with security. none of the countries that produced from their populations, the 9/11 hijackers, none of

those countries are mentioned in the executive order. it was rushed through, crammed through, it wasn't vetted, caused complete chaos, not just in this country, all over the world. it's unraveled in spectacular fashion because it was, essentially the policymaking version of lucy and the chocolate factory, a complete and total mess. i think, as the courts look at this, the white house is in a tough position. >> the white house within the white house is caused chaos. i want to speak to that. we heart and the in fighting. if president trump, if the white house doesn't get their appeal through, what does it mean for steven bannon? we know there's talk of president bannon, he's running the show. when you look inside the white house, you now clearly have two factions. those i spoke to say you have gary cohen, steve, jared kushner, three guy that is are social democrats, basically, then look and you have a rex

tillerson, general maddox, who have has thousands of men and women report to them in their careers saying this isn't the circus i want to be part of. >> this is steve bannon. this is what donald trump's core constituency wanted. he said i'm going to build a wall, started. i'm going to keep out muslims, he's doing that. he's doing exactly what the people who voted for him wanted him to do. the problem is, it doesn't work well. he's realizing that. when you actually run the government, it's not being a king. you can't put through whatever policy you want. eventually, you have to explain what you are doing. in the national security impact, it's a problem. the issue is, i don't think they are going to learn a lesson from this. it's going to fail and they are going to try the next thing. they are going to build that ridiculous wall. the trump administration is interested in saying we did something than something we did works. >> you don't think it could cost

steve bannon his job or a demotion? he's a brilliant strategist. in terms of policy and governing, he doesn't have the goods. if you are rex tillerson saying hold on, i was signing on for a job where i would be in a position for open debate. if it's a back room conversation, why risk my reputation for this. >> or reince priebus, the job of the white house chief of star is control the flow of paper and decision making for the president of the united states. it's not to stand behind the desk and clap when the president signs meaningless executive orders. we have two weeks of basically reality television from the oval office, the signing of these executive orders that have no force of law, that really have no real world impact. the one that does is this one and it's completely unraveled. it wasn't vetted through the justice department. it wasn't vetted through homeland security.

it was completely sloppy. so, the president should be outraged. he should be very angry at the principal authors of this who have totally blown up his first couple weeks in office. before we go, could it change the power structure in the white house? >> i don't think it will change the power structure. i think they are going to keep trying. thafr goal is push through the agenda. they want to go after muslims and mexicans. that's what they are going to do. >> going up against mad dice and tillerson. >> a list of attacks to prove his point. is he right? i'm going to give dwrou short answer. no. plus, nbc news exclusive reporting on the failed raid in yemen. who the target was and how badly things went. before we go, she speaks. former secretary of state, hillary clinton, delivers her

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welcome back. i'm stephanie ruhle. you are watching msnbc. we are talking president trump, attacking the media, yet again. this is a new one. while speaking at u.s. central command in tampa yesterday, the president diverted from his

prepared remarks to talk about recent terror attacks in orlando and across europe. he then said this. >> it's gotten to a point where it's not even being reported. in many cases, the very, very dishonest press doesn't want to report it. they have their reasons and you understand that. >> i don't actually understand that. the white house then released a list of 78, quote, undercovered global terror attacks. on the list, november, 2015 attacks in paris. they must not have been watching our very own "nightly news." >> reporter: france struck hard after the group claimed the terror attack. >> also the one in brussels, they must not have seen the "today" show. >> coming up, evil has a name.

i'm matt lauer in brusbrussels. >> here is one you may not have heard of. >> investigators here at home learning more about the two suspects shot and killed by police after they opened fire at a controversial event in texas. >> i want to take you live to the white house where nbcs peter alexander is standing by. clearly this offensive is coming on the heels of kellyanne last week and the bowling green massacre. how is the trump white house defending this list when so many of the terror attacks did get extensive coverage? >> reporter: this is a white house talking point not supported by the facts. let's break them down. 78 of them, they mentioned, 11 of them taking place in the united states. you noted some of the most significant ones. nbc news covered 75% of them. 57 attacks on that list with a combined 745 deaths, hundreds of

stories from nbc news. there were 21 additional stories that were not covered largely by nbc news, many taking place overseas in egypt, bangladesh and bosnia for a combined eight deaths. the bottom line is, for the white house, it reinforces the point they want to make with the controversy on the travel ban and focusing coverage on fear in the country. here is what donald trump tweeted overnight. the threat is very real. courts must act fast. a senior white house official pushed back on the idea they were overstating the facts here. hear, specifically, how they described it. the terror attacks have become so pervasive they do not spark wall-to-wall coverage they once did adding this cannot be allowed to become the new normal. the bottom line is as the white

house tries to manipulate the coverage on what they want focused on, which is the threat of attacks from overseas, given the court hearings we are witnessing and the pushback, this allows them to try to focus on that message, even if it's not reinforced by the facts. >> this cannot be allowed except it's happening. i want to bring back steve schmidt and jason johnson. what is going on? what is this? >> politics, pure and simple. security and liberty when it comes to matters like this in a democracy. the country has been at war since september, 2001. what the white house is doing is saying objectively not true. they are peddling and selling fear. all these attacks have been covered. everybody in america is aware that we face grave threats from radical islamic terrorism. it's a real thing. but, what the white house is doing here is politics, pure and

simple. >> is it politics pure and simple or is it -- again, this isn't a campaign. this isn't people trying to win an office. you are now governing. let's talk about kellyanne conway talking about the bowling green massacre. the next day, she said i simply made a mistake. cosmo magazine said this to us two weeks ago. tmz said the same. our way to accept the premise this is just politics? >> these are a bunch of liars. >> that's different than politics. >> they are just lying. they are promoting a dangerous myth. the trump administration views terrorism like it's g.i. joe. many attacks have happened for different reasons. they are not all necessarily connected by al qaeda. if we try to push them in the broad brush, it damages the international security. we have to understand why

terrorism happens and not claim it's part of a massive attack and this, hate crimes in the united states were a form of terror as well. white nationalists attacking synagogues and people of color are terrorism as well. >> steve, hold on. would you say this is politics or lies? >> well, it's lies and further into politics. they are not exclusive of each other. this is not true. i talked about this a great deal. it seems to be the premise of this administration. if the leader believes it is true, it must be true. the total lack of credibility out of this white house, the magnitude and every day misstatements from the president from the press secretary from the senior advisers, you have never had a group of people working in that building, ever, who every day lose more and more credibility with the american people. i mean, you can't take what they say at face value or nothing.

>> putting out a list like this, does it open the white house up? you were talking hate krams to talk about gun violence. can we see lists from advocacy groups saying let me tell you how many gun related deaths happened in the united states. does this not put the white house in a vulnerable position? the point is the list they put out saying none of this was covered in the media. it's objectively not true. the sun rose in the east this morning. it will set in the west. the sky is up, not down. it's stuff like that. >> here is the thing, i don't care how many lists you put out, if you don't have a plan for fixing it, you are wasting all our time. you can blame the press, you can blame the news, but until they have a plan and obviously their ban doesn't work and obviously what happened in yemen doesn't work, until they have a plan to solve the problems, the lists are a waste of time and example of administration that is not

capable of solving the number one problem that got them elected. >> jay brought up g.i. joe, cobra and monkey poop. if you don't work in the a-team, it will be your last visit here. >> knight rider. >> yes. >> an nbc news exclusive. pay attention when we come back. a new report out on the fallout from the failed raid in yemen. the reported target in the raid is still alive and now is taunting president trump. we have the latest. the video of the day. do not adjust your tv. that is video of the president, president obama kite surfing. i will be talking exclusively with the kite boarding instructor later in the hour. aren't you psyched i knew the guy?

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welcome back. i'm stephanie ruhle. it is time for your morning primer, everything you need to know to start your day. we begin with live pictures and the talk-a-thon over the nomination of betsy devos. democrats have until noon to find one more republican to block her nomination. later this evening, a federal appeals court in san francisco is set to hear oral arguments on president trump's travel restriction order. 20 people were killed after a suicide bombing in kabul. we will give details as they come in. speaker of the british house of commons said he would block president trump from speaking to parliament. not all president's speak on their visits but obama, clinton and reagan did. the white house has not made a

response. the super bowl champions, new england patriots are getting ready for a victory parade. one big question remains, where is tom brady's jersey? certainly not on ebay, yet. they have asked the texas rangers and elite state police force to join the hunt for the jersey that went missing right after the game. talk about bad sportsmanship. i want to cover something else. this is just for me. president trump is arguing for stricter vetting of refugees to keep, quote, bad and dangerous people from pouring into our country. that makings it sound like there is no vetting in place currently. here is the reality. if a refugee wants to come to the u.s., it is a complicated and very lengthy process. first, they have to register at the united nations, go through an assessment and get interviewed. 1% of all global refugees are

referred to the u.s. for resettlement. what happens then? >> how can you vet somebody when you don't know anything about them? how do you vet them? you can't. >> we know a lot about them. they are subject to the highest level of scrutiny, the security check they have to go through is the highest category of any traveler to the united states. that means background checks by the state department, the fbi, the department of homeland security and the national counterterrorism center looking for security risks and outstanding criminal violations. then they do extensive inperson interviews and they are fingerprinted to be checked against multiple data bases. >> it's going to be very hard to come in. it's going to be very, very hard. >> are you watching? it is not easy to come in even after they have been investigated by the five different government agencies. they have to go through medical screenings, cultural orientation class zs and more security

checks. the entire process can take up to two years. only after all that can they try to come into this country. earlier this morning, i spoke to republican oklahoma congressman, steve russell, a member of the armed services committee as well as an army veteran. congressman, thank you for joining me. i know you have asked for exceptions as it relates to the ban for children needing medical attention and individuals who specifically worked as military. in large part, you seem to be backing the ban. getting extensive vetting that refugees have to go through, what is missing? >> there's two key points in the executive order. the word ban is not there, muslim is not there. the seven countries, six of them in civil war without al qaeda, or isis. the seventh is iran, the seventh state of terror. a review of 190 days is not out of question, it's probably

prudent. however, we did ask for exceptions, we wrote a letter to the president and we asked if they could look at those interpreters and others that worked with the military, special operations community, people in political process or allies that were ousted from positions with no place to go and then children. we are talking those with severe burns, missing limbs that could come to our children's hospitals for life saving care. it would be temporary, then go back. we have a number of cases where we have been successful and they have been able to return. >> mayor rudy giuliani said president trump specifically called him and said how can i legally get through a muslim ban? so, whether it's in the executive order or not, we have heard these words from the president. >> we have heard a lot of things. you know, i think, look, we are a nation that's a rule of law and as far as congress is concerned, we look at what is it that was actually asked for in the executive order.

this is what was asked for. it's within the president's parameters and within the immigration laws that we passed as congress. he has the ability to look at the security measures. it's temporary. so, what people say rhetorically, i mean, we were called all kind of things during our campaigns. i think it's important, what does the executive order say? when we have the seven countries, six of them in civil war, not in control of government or populations, documents, if he thinks we need a 90-120 day look, i'm willing to go there. however, we are a nation of immigrants and we need to get the policy right and use the latest technologies. when i was going through syrian refugee camps, i saw amazing things being used, not in all the countries that are named. when you look at sudan, libya and others. it's worthwhile to look at the technical means we could bring

up to speed in the vetting process. as part of the legal challenge, a group of former national security, they wrote a letter. in it, they said this order would endanger u.s. troops in the field. as a military official, someone who has been in the field, how do you respond to that? i dismiss it. not because it's not sincere, it's just, look, many groups do not need a reason to hate us. one thing that's interesting, if you go into the al qaeda websites and other things here in the last week or so, after the order, not a word, not a word about trump. not a word about the immigration order. they are simply not talking about it. it sounds good. it appeals to our sensibilities, just not born by the facts. >> how about something president trump is talking about, this thooz do with facts. he made a claim the media is not covering terrorist attacks. do you believe that? >> i do think it is -- it's

problematic when we see attacks that happened, then it's down played as violent extremists or something of that nature and we don't identify it for what it is, exacts of terror. that's legitimate. the average american out there thinks that's legitimate. we have to give careful attention. you have to call things what they are, rather than, you know, try to put some ideological thing one way or the other. if it's an act of terror, call it out to protect all americans and allies. >> in terms of issues of most important, that was his first meeting to speak to military officials. was that the right narrative to talk about, the most pressing, whether or not the media adequately covered certain terrorist attacks? >> there were a lot of things that were covered. i sat in on many high level meetings. i have been abroad when presidents visited. as a soldier, i sat in those

types of meetings. what gets picked out for soundbytes is usually a fraction of what's actually covered. >> congressman, thank you for your time this morning. >> thank you so much. >> all right. >> appreciate it. coming up, an nbc news exclusive report on the failed attack in yemen. the target of the raid mocking president trump. just how bad did things go? ♪ looking for clear answers for your retirement plan? start here. or here. even here.

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nbc news has learned exclusively that the real target

of last week's yemen raid was one of the most dangerous terrorists in the world. a top al qaeda leader who survived and is now taunting president trump in an audio recording. in it, al rimi says, quote, the fool of the white house got slapped at the beginning of the road in your lands. that's aggressive. joining me now is juan, the former deputy director and msnbc senior national security analyst. juan, the white house press secretary said the raid was a success. from what you have learned, would you say it was a success? i mean a navy s.e.a.l. was killed, the main target got away. 14 members of al qaeda were killed and they did gather intelligence. what is your assessment? >> these are very difficult operations. anytime you put boots on the ground, spec ops forces you are

going to have the challenges of an operation. the success is difficult to judge in the short term, to be honest. the fact we disrupted some al qaeda activity certainly took al qaeda fighters off the battlefield, that's important. the notion that the u.s. can reach well into yemen where al qaeda has a safe haven in various parts of that country, that's important. and the intelligence we gathered may be incredibly important. keep in mind, u.s. and western counterterrorism officials are incredibly worried about the innovation coming out of the al qaeda official which still is the source of operational innovation in ways for the al qaeda network. so, i think it's too early to tell. it certainly was a loss of life and a tragedy in that regard, so i think it's too hard to say whether or not it was a success. we certainly have to engage in these types of operations to be disruptive around the world.

>> the leader of al qaeda in yemen who put out the audio message is taunting president trump. is that normal? >> well, sometimes you have seen terrorist propaganda that is fairly immediate in response. they tend not to be this quick in response. what you see, not just in al-rimi's message is keep in mind what al qaeda is trying to do is further embed themselves in the yemeni culture, predating 9/11 and they are trying to embed themselves in the tribal cultures and build alliances there. that's part of what he's trying to do with that message, look at what the americans are doing, look how dangerous they are. certainly, we are allies on your behalf. that's certainly the message of al qaeda in yemen and what they are trying to do, certainly in that message we heard. >> all right.

thanks so much for joining me this morning, juan. >> thank you, stephanie. next, president trump's nominee for labor secretary remains in lyimbo. reports he hired an undocumented immigrant for house work. the former president goes kite surfing. i'll speak exclusively with the kite boarding pro who was out there with him. when you find something worth waiting for, we'll help you invest to protect it for the future. financial guidance while you're mastering life. from chase, so you can. but when we brought our daughter home, that was it. now i have nicoderm cq.

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sioux size trouble this morning with president trump's pick for the head of the labor department. he admitted he hired an undocumented immigrant to work as a housekeeper. as of last week, he has not submitted the paperwork required for confirmation, which is why the hearing has been postponed indefinitely. steve and jason are back with me. he has so many issues. he paid back taxes for the worker. are there so many issues he may not get through? >> he might not get through. us torically, it's been a game changer. for an administration with demagogued illegal immigration as much as this one has, this is a bye bye offense. >> steve is talking historically. i want to turn to first lady

milan ya trump. she claimed this type of accusation hurts her chances at the once in a lifetime opportunity as the first lady of the united states to as the first lady of the united states to launch her own signature brand, whether it's clothes, accessories, perfume. first, can we talk about emolents. >> i think the lawsuit is silly. i think the whole thing is silly. i think the accusations are foul and inappropriate.

and it wasn't our media, it was the british media. >> hawking stuff on tv is disgraceful. >> steve schmidt calling it low class. we are watching right now still, i hope they're taking some water breaks. senate democrats hosting that talk-a-thon protest of the nomination of betsy devos. were they able to find one more republican to vote against her? if not, this will turn out to be a whole lot of noise. president obama learns how to kite board. this is an impressive showing for a first timer out there. i'm going to be speaking exclusively to the island's kiteboard pro. he was 34% eastern european. so i went onto ancestry,

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welcome back. that is president obama himself killing it, enjoying life as a former president. i want to you look at this. he took some kiteboarding lessons in the british virgin islands last week as a guest of sir branson. joining me is professional kiteboarder cam dietrich who was out there on the water with the former president. richard branson and president obama wrestling. you didn't actually teach obama but you were on the water with him. i'd say he looked really good.

>> yeah, he did. he was very athletic and seemed collected and having a good time learning. >> now, we know he's a super competitive guy in terms of sports. did he seem frustrated when he was falling down? those falls are tough. >> from my perspective, he didn't. he seemed to continue on and work on learning this new sport. he seemed to be picking it up relatively easily. you know, within the three days he was up and riding, like a lot of people do through their lesson sequence. >> he and richard branson supposedly had a bet going on. what was the bet and who won? >> you know, i don't know. i went over to richard and he told me i can get up before obama can get up riding on a board. i look over and obama's getting up on a board and richard is out trying to learn.

richard said in the end that he did but -- >> hold on a second, though. both kiteboarding and foiling, these are really tough. would you characterize these guys as really good athletes? you have been surfing and kiteboarding your whole life. >> yeah, it takes some athleticism to do it but it also takes some commitment to being in the water and trying some new things. both of them were doing that. >> cam, your takeaway. i'm sure you didn't expect in your life you'd be spending time kiteboarding with the president. what was your impression of him? >> it made him even neater and cooler in my book. i was not expecting to be up that morning kiting with obama. >> doesn't go anywhere, cam. i have my panel here. what do you guys think of this? >> i'm impressed. >> i would like to point out i think it's impressive that president obama did this but he

was the first. cam, i'm going to pull up a picture. i've been on the water, i've been horseback riding with you. so to president obama, i met cam dietrich first. really quick, who did you enjoy spending time on the water with more, me or the president? >> of course you, steph. >> thank you. of course you, cam. thank you so much. how cool is that getting to kiteboard with president obama. guys, before we go, we're talking so much unprecedented. let's get down to it. do you think we're actually going to see a change in the white house? has so much happened that a pivot has to happen? >> if it doesn't, this there be a spectacularly failed presidency. >> they're not going to pivot.

they're going to keep going, not pivoting. >> that's wraps it up for my hour. i'll stephanie ruhle. i will see you tomorrow. but right now more news with my friend in d.c. hallie jackson. >> kiteboarding sensation stephanie ruhle. later today judges are hearing arguments about that controversial travel ban with the possibility a compromise could be on the horizon. speaker of the house paul ryan set to take questions right here. we'll bring that to you live. and we're learning more about the secret raid in yemen. a top terrorist now taunting president trump. remember, too, we are less than two hours away from a confirmation collision course. democrats all night long burning the midnight oil to try and derail betsy devos as the next secretary of education, probably not going to work with vice president pence now dispatched to the hill for a nail biter.

>> we are one vote away. >> the most vulnerable of child needs a little help, not just from a loving teacher or loving parent but that there is a government that stands behind her and says you matter! >> we all intend to keep talking and keep working and keep trying to convince one more senator. >> we say it every day because it is true, a lot to get to this morning. peter alexander down at the white house and kasie hunt at capitol hill. kasie, the senate showdown going on for president trump's pick for education secretary. you can see this talk-a-thon continuing. >> reporter: good morning. high drama here on capitol hill as we head into that vote on betsy devos for education secretary. it's set to happen at 12 noon. right now it looks like it's still split 50/50. and that vice president mike pence is going to have to come