>> 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 up here to capitol hill and cast

what would be an historic tie-breaking vote. this is happening because two republicans have already said that they're going to vote no on devos, senators lisa murkowski of alaska and suesan collins of maine. is there a third one that would vote no and particularly sink this nomination? a lot of it had to do with how she performed at the confirmation hearing she had. it raised a lot of questions in people's minds. phone calls, e-mails, mail, officers have been deluged with all of this. looks like she's holding steady. there could be a last-minute x factor. that would be a major embarrassment for mitch mcconnell but also set in the broader set of general democratic opposition to cabinet nominees. it's going to be a week back and forth like this whether or not betsy devos is confirmed.

>> mike pence set to get to the hill in just about an hour from now. in the meantime we are monitoring that paul ryan press conference. we want to get to the other big story of the day, that president trump executive order. talk us through this. we know the arguments are set to happen at 6:00 eastern. what's the likelihood we're going to find out about the future of the travel ban tonight? >> i guess about 50/50. >> safe answer. >> it depends on how much they want to get into the details. are they going to treat this as a temporary restraining order, an injunction, depends how much they'll have to write a memorandum opinion on it. there is a three-judge panel doing this. we could get the order tonight, could get it tomorrow. this is on an emergency schedule. the telephone conference call

thing is a bit unusual but not for emergency applications. >> because it's so urgent? >> yes. >> they have a three-judge panel that rotates month to month that hears nothing but emergency appeals. they'll get together on the phone with the lawyers, hear an hour of argument and they'll get their orders but i don't know how long it will take them. >> is a possible compromise a possibility? how would that work? >> the government raised this possibility yesterday for the first time when they filed their reply brief last night. they said we think, appeals court, that you should completely stay the judges' order and let us enforce the entire travel restrictions. but at most what you should do is say, okay, the travel restrictions go back into effect but it won't apply to people who have already been here at least once with their visas, people who have been approved to come into the country as scholars or students or business people and want to go home and come back or

people who have been trapped overseas who already have a visa and been to the united states once. so in other words, the travel restriction would be limited just to people who are seeking to come here for the first time from those seven countries that are subject of the trump executive order. >> what's the timeline for a potential supreme court intervention? we talked a little bit yesterday and the indication was potentially months and months. is that still the case or has this sururgency changed that? >> who ever doesn't prevail with the supreme court will petition. another round is yet to come with the judge gets to the merits of the case. by the way, if the ninth circuit for some reason lifts the stay and lets the order go back into effect, there's nothing to prevent another district court

judge somewhere from doing what this judge did. >> and would the lawyers have to go through this all over again? >> yes. >> the question in front of the court is not about the legality of this ban, it's whether or not it can be enforced while they're figuring out the legality, right? >> that's basically it. this is a temporary regard. you say we're going to have a court fight later on the constitutionality and legality of this but for now freeze things so it doesn't get any worse. what the states say is freezing means before the trump executive order went into effect. the states in essence say we're hurt the most by letting the order go into effect it, hurts our universities, it hurts our economy. the government says we're hurt the most by not being able to enforce this order because potential terrorists could sneak into the country. >> 6:00 tonight? >> that's when they begin. >> do we get to hear them? >> they'll be streamed on the web site.

>> peter alexander, donald trump is talking about this immigration executive order with sheriffs today. we know he's now in this room for this listening session with top aides. >> you're right, jared kushner among the aides in there. president trump focused on this issue, hosting this meeting with county sheriffs. they are zeroing in on the issue of immigration. president trump talked about his commitment to working with law enforcement in an effort to stop terror going forward, about the wall specifically. he said that they're going to begin building it soon. the bottom line is he said he's going to be partnering with these individuals to try to be tough on crime and on terror. this afternoon he's also going to meet with his new secretary of state, that's rex tillerson. that's certain to be another topic of conversation, given the fact that tillerson hadn't been confirmed by the white house, announced its travel restrictions.

later today the president is scheduled to speak to the leaders of spain and turkey. president erdogan is important because turkey is one of our partners in the war against isis. >> and we are expecting video in any minute, the president making a couple of comments about the confirmation collision course. on this executive order, the main players in the lawsuit are the states of washington and minnesota. but there are 15 other states plus d.c. now on board in its kind of supporting role. the argument here is keeping the ban in place hurts state institutions like businesses and public colleges. virginia is among the states signing on to this brief.

let's talk about action today. if this ends up going your way with the appeals court, how much faith do you have that president trump and his justice department will comply fully with whatever happens? >> it's going to be fascinating hearing later this afternoon. the main issue in front of the panel is whether or not a temporary restraining order can even be appealed at this point. so there are some procedural hurdles the trump administration has to go over before even getting to the merits of the argument. one of the concerns we had is just this moving target of what does the administration say this order is all about? at one point in the beginning it affected lawful permanent residents, student visas, worker visas. at one point we were in court and the administration lawyer said friday at 6:30 p.m. more than 100,000 visas were

cancelled. the state department walked that back and said it more like 60,000 but it just goes to show how it's been a shifting target and there has been real concrete harm to state, universities, families who are being separated. >> one of the attorneys, general, who has joined you in this fight is eric schneiderman of new york. he was on "morning joe." here's what he said. >> the dhs attorneys and everybody else have followed the stay. >> it is not clear, joe. >> what's not clear? >> it's not clear that they have. they say they have but we're hearing reports and there are cases being filed all over the country that there are still people who are not being admitted or whose activities have been chilled by this order. >> so do you have any evidence to support this claim that dhs, that border control are not actually complying now with the judge's order? >> well, i haven't seen exactly where that's -- since the

administration has issued some rules to try to get back to the way things were beforehand, it seemed like things are in that direction right now. >> so you're comfortable of where it is right this second? you're comfortable with the fact that they are complying at this moment in time? >> it seems that's the case thanks to judicial intervention with the temporary restraining order that went into effect nationwide. before that happened, we had a lot of concerns about it. i was at dulles airport last saturday or the week before, right after the order went into effect. there was a temporary restraining order issued from the federal court in alexandria that required access to the volunteer lawyers who were there. and we were getting reports through that saturday night into sunday that no lawyers were being allowed access to those

who were being detained. so that was a huge concern. but after the washington court issued the temporary restraining order, it seemed like things were back to the way they were before president trump's order went into effect. >> attorney general, let me ask you this, i don't know if you heard me talking with pete williams a moment ago about this idea of a possible compromise. is there anything about the idea of a compromise that would appeal to you? would you find that satisfying if that is in fact what the appeals court ends what couldup? >> first of all, it points to the hasty and clumsy way the executive order was carried out. it's been a moving target as to the group and class of people the administration is saying is

covered by the executive order. when it went into effect, they said those were lawful residents, students and then they started walking it back saying, well, maybe not lawful residents and it shows how hastily and clumsily this was put together. the other thing is if it has crossed constitutional boundaries, if the administration has violated the constitution, then the whole thing should be out in terms of its operational effect. >> okay. virginia attorney general mark herring, i don't want to cut you off but i want to go over speaker of the house paul ryan who is taking questions about this topic. >> i think there's confusion this year. the legislating is going to be

done this year. the question is how long does it take to implement the full replacement of obamacare. we have to get tom price confirmed at cms so they can get to work with replacing this collapsing law. the question about how long it takes to effectuate the change, to put these things in employees, that's a question that the hhs can answer. as far as legislating is concerned, we're going to do our legislating this year. >> reporter: over the weekend we saw a fair amount of backlash directly to republican members about this. are you concerned you need to not just present a plan by sell it to the american people? >> i think it's important for people to speak their minds in this country. we cherish the first amendment. we want peemd to know we want to listen to their concerns and peaceful protests are something we honor in this country. i hope people keep it peaceful, respect private property, have no violence.

we've been doing this in wisconsin for many, many years. we're used to this where i come from but the point we cannot escape, obamacare is collapsing, it's not working. premiums are going up double digits, deductibles are so high, doesn't feel like you have insurance. it's our duty and obligation to replace it with something better. the good news is we ran on a plan to replace obamacare and now our committees are in the midst of putting that plan together. so yes, this year we're going to be going out and talking about what our plan is. the one we ran on in 2016 and why it's going to be better. teak a look at our plan for preexisting conditions, for more insurance competition so we can get prices down. that's the beautiful thing about the american health care system we want restored. so we do have plans. our committees are busy under

way doing this and we're going to have a great conversation with our fellow citizens on how it is our mission to rescue the health care system from its imminent collapse and give them something better. we hope to get this done as soon as possible because families are counting on us. >> reporter: [ inaudible ]. >> sooner is better than later but i don't know the answer to the size and scope of it because they haven't sent to us yet. but we've always long anticipated we'd get a supplemental on national defense issues. >> that was speaker of the house paul ryan holding his weekly news conference. that was kasie hunt pressing

prior to obamacare. i'm going to paraphrase for you here. the house speaker saying donald trump is an unconventional president but adding we still have conventions for respecting the rule of law. emphasizing that there is a respect for the judicial branch. this comes after over the weekend president trump called judge james robart, a so-called judge, something members of his own party disagreed with. i'm pulling up on my phone here. the president said and i'm paraphrasing, i can't believe we're having to fight in the court system to protect our nation, references the lawsuit and illegal battle that is happening today. he continued again, a paraphrase, there's a massive group of people protesting.

they want to see people come in who love our country, not who want to destroy our country. the president right now sitting with county sheriffs from all across the country. a without senior administration official had told nbc news that this support there have been a variety of discussions. there's no live shot, we have to wait until it concludes and the cameras come back and we can play it live, which we will do of course. a critical day for the trump administration and for those who are suing, essentially, to try to stop this controversial immigration executive order. you heard attorney general eric schneiderman and virginia attorney general mark herring come on this program and talk about how they believe this is unconstitutional. the argument they're making as you look at the states joining

the travel like businessesin the initial filing line issing on, throwing spl support from behind the lawsuit. we want to play for you some of the sound that we're referencing here. >> look, he's not the first pred o get frustrated with a ruling from court that this administration is going through the proper procedures to deal with the ruling. they're respecting the separation powers. i know he's an unconventional president but he respects the process and we respect the process. and that's what's important at the end of the day. >> and so comments from paul ryan that he is honoring the

process. and virginia attorney general said he hasn't seen any evidence that the department of homeland security, the border patrol and others are not responding. i know that briefing, that news conference with paul ryan, give me your rundown of the top headlines coming out of this. it's -- >> reporter: you did hear from speaker paul ryan. a reporter said i know you don't to respond to every tweet. speaker ryan did speak forcefully that there's an independent judiciary and to assert that straight out and he said this isn't the only president to ever be frustrated

with a court ruling. but there is, i think, a die nam be there's been this pend u lem swanging back and for-- swingin and forth. neil gorsuch is someone the republicans are very comfortable with and have been able to get behind. i think the day-to-day tweeting and commentary, whether it's the one today about the terrorist attacks as well, this is an emerging dynamic where these leaders are kind of put under pressure to answer for what their president is saying and a lot of times they don't necessarily have an answer to give. you've seen it bubble up more aggressively in certain places. you saw speaker ryan take a half step out in opposing that. he said he was going to leave talking about the media to those of us in the media.

at this point the house side is ready to get out of town. the house democrats will be having their policy retreat. the action will be moving quickly to the senate and the questions about betsy devos. >> and lots of questions to be answered. coming up next on this hour, who u.s. commandos were really hunting for in that top-secret mission, who is now on tape taunting the president of the united states. a second bee helt with protective netting. or like a balm? you know? or a cooling ointment for the skin. how about a motorcycle? or some bee repellant. i'm just spit-balling here.

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this morning exclusive new information about not what but who the target was of that secret military raid in yemen. remember that high-stakes mission, a navy seal was killed in a gun fight. joining me with the latest is cynthia mcfadden. there's a lot to talk about here. what can you tell us? >> good morning, hallie. preparations for the top secret raid began during the obama administration and were passed on to the trump administration, making it the first clandestine military strike of his presidency. this morning multiple military officials tell msnbc news a top

target of the raid. the mission, capture or kill him. >> i think it is a successful operation by all standards. >> but today we know the high stakes gamble to capture him was not a success. he is say live in yemen according to multiple officials, who also say al-rimi taunted the white house. both the white house and the pentagon declined to comment. >> i think it would be unfair to criticize the new administration in part pause this is counterterrorism activity that is well oiled, well worn and certainly well planned. >> reporter: all of the leaders in the military chain of command agreed that the prospect of taking him out was worth the mission's risk. officials tell nbc news,

secretary of defense and the charity of the joint chiefs of staff called the potential capture of al-rimi a game changer. the operation was larger than any counterterrorism strike since the killing of bin laden. a dozen commandos of the united arab emirates and a half dozen yemeni soldiers. also killed, 14 al qaeda militant and several civilians. >> the disruption of al qaeda leadership, the knowledge that the u.s. is willing to reach deep into the heart of al qaeda territory and the capture of intelligent may not bare fruit for some time. >> it is not yet clear how

valuable the intel gathered from computers and phones at the scene will turn out to be. nor was it clear whether al-rimi was at the location that night or whether he was tipped off beforehand. >> sent cynthia, thank you very. >> while we're showing that package to, you the president talked about his temporary travel ban. when asked how far he was prepared to take the fight, he said it's very important for the country, calling his executive order common sense. we'll have much more after the break. coming up the trump administration accusing new outlets of downplaying terror attacks home and abroad. so we're checking out what's true and what's not and asking

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officials in afghanistan say an explosion happened at the supreme court. nobody has claimed responsibility for the attack yet. in israel, the parliament there has passed a law to retroactively now legalize thousands of homes built on the west bank. critics say that hardens into law the theft of palestinian land. this is expected to be challenged in israel's supreme court where the attorney general has said he will not defend it. >> and in england, a top

parliament member is taking his fight against our president public saying he would not support any plans for trump to speak to parliament during a planned visit. he cited the migrant ban as having played into his decision. >> our opposition to racism and to sexism and our support for equality before the law and an independent judiciary are hugely important considerations in the house of commons. >> listen to that reaction there. a mix of boos and cheers, right? some in the house of commons supporting him, others arguing he's failing in this supposed duty of impartiality. the president is set to visit the u.k. later this year. this morning the white house is trying to back up the president after he said this at central command headquarters. >> you've seen what happened in paris and nice. all over europe it's happening.

it's gotten to a point where it's not even being reported. and in many cases, the very, very dishonest press doesn't want to report it. they have their reasons and you understand that. >> let us be clear here. the president saying that there are terror attacks that have not been reported. the white house, to back this up, releasing terror attacks that they say have been underreported. that is a distinction that you got to draw when you look at this list of 78, what the white house calls undercovered terror attacks. by the way, that list includes, for example, the pulse night club shooting in orlando, the brussels terrorist attacks. these were the most covered newscasts, number 8 and 11, among the top covered stories of 2016. jeremy peters, we looked at this list. nbc news covered close to 60 of the 78 terror attacks on that

list. here's what press secretary sean spicer had to say. he said he felt members of the media don't always cover these events to the extent other events might get covered. what is this about and why is the white house saying something different that the president says? the president says unreported and the white house says underreported. >> this wouldn't be the first time the administration has a had to slightly walk by an exaggeration or falsehood of the president. >> you see it as a walkback? >> i absolutely do. some of these were the most heavily covered terror events of the last two years. so that's a false statement on its face, absolutely. but what i see here at work, hallie, is not so much a broader strategy. i think some people like to read into these things too much with the trump administration. i think it's more of an impulse.

he reflexively picks these fights with adversaries who were unpopular. and there are few adversaries more un popular than the media. he'll do this. it's a distraction. we're not talking about betsy devos, we're not talking about the oral arguments in the courts. i think he creates these diversions sometimes i tensi intentionally and sometimes not. >> point taken. i will say our show did lead with the oral argument and betsy devos. >> it's more of a fog machine. the ol' atwater phrase let's get the fog machines going. >> we're just waiting any minute

to get the tape from inside the roosevelt room with president trump answering questions about the lawsuit. explain with this story going back to the idea of the 78 terror attacks the white house has named. put this into perspective why people should care. what makes this more than the naval gazing, media defending itself story? >> i think if you look at the list of these terror attacks, hallie, the vast, vast majority of them did not take place in the united states. so to argue that these somehow justify a refugee travel ban is a little bit difficult. we are not europe. we are not connected by land to countries where there are active jihadis seeking to get in here. our refugee vetting program is extraordinarily detailed and exhaustive. the refugee program is not where the holes are if you talk to homeland security experts. it just strikes me generally as kind of an odd defense.

>> i know that you are quite plugged in to what is happening with republicans and sort of the republican infrastructure here in washington. you hear the house speaker address the idea that president trump called judge james robart a so-called judge. do you see this as the president setting it up so he can blame somebody else if there is another terror attack, pointing the finger preemptively? >> i hadn't thought of that, hallie. that's an interesting thought. first and foremost what he's doing is blaming someone else for his own rushed process here. let's face it, this would not be in court most likely had the administration not kind of rear sloppily gone and implemented this travel ban. generally as a rule of thumb when donald trump is losing, someone is either cheating or an illegitimate opponent and i think that's the case here.

>> jeremy, apologies, producsap is in my ear talking about our colleague asking the president about his comments. and this tweet came out, "i don't know putin, have no deals in russia and the haters are gag crazy. what the end game with the president trying to make this comparison? >> he realizes there's a wide perception that he's too cozy with russia. he's trying to push back against that. i think what gets donald trump going often times is the -- i guess call it whether it's a

misperception or not, the image that he is not in full control, that he's somehow being manipulated by putin or his political opponents more generally. he wants to you remember, as he tweeted yesterday, he's the one in charge, he's the one calling the shots, he makes the final decision. he's the decider, so to speak. >> jeremy peter, "new york times" reporter, thank you very much for joining us live from washington. >> we're talking about that tweet that the president sent out references iran. the iran supreme leader is out with a sarcastic statement responding to donald trump. he's now asking iranians to speak out against the u.s. later this week. nbc news correspondent ali arouzi joins me now. put this into context now. what's your perspective on this? >> reporter: well, hallie, it's

not very unusual for him to speak out. he's considered a very good orator here and he makes the most of those skills with some very fiery speeches against the united states and other countries, but by his standards that was a fairly measured response. he's staunchly anti-american and as the most powerful man in the country, people have been waiting for him to weigh in with the current tensions with america. i think these are the first comments he made since president trump has taken office about trump and he had some very harsh words for him. he said the anniversary of the evolution is this friday and they're going to see a big response to his threats then. >> ali, thank you very much for a. i want to get back to the white house north lawn or the briefing room where kristen welker is joining us, having just left the west wing with trump. kristen, we are expecting this playback any minute here.

what can you tell us? >> reporter: president trump meeting with a number of sheriffs today. we asked him about the travel ban. i said how far are you willing to take your travel ban fight? he said we're willing to take it to the system. i pressed on whether it could go to the sport and he said that's possible. and then he said it's common sense, it's about securing the country. here is what president trump had to say moments ago speaking from the roosevelt room with a number sheriffs. >> they don't have such an easy job. >> reporter: mr. president, how far are you willing to take your travel ban fight? >> we'll take it through the system. it's very important for our country. it's important for me or whoever succeeds at a later date. you take people like in syria and -- if you remember, isis

said we are going to infiltrate the united states and other states through the migration. and then we're not allowed to be tough? we have a good case and we're going to see what happens. >> reporter: is it going to go to the supreme court you think? >> we'll see. it's common sense. some things are law and i'm all in favor of that. some things are common sense. this is common sense. >> reporter: if it's unreported or underreported, why do you think the media is not reporting or america is -- >> i have to know because i'm reported on possibly more than anybody in the world. i don't think you'll say anything about that. i happen to know how dishonest the media is. i happen to know that stories about me that should be good or bad, i don't mind a bad story if

it's true but i don't like bad stories that -- stories that should be a positive story when they make them totally negative, i understand the total dishonesty of the media better than anybody. i let people know it. the media is a very, very dishonest arm. we'll see what happens. not everybody. i always preface it by saying not everybody, but there's tremendous dishonesty, pure outright dishonesty from the media. let's go into the white house. >> okay. president trump there hitting on a couple of today's biggest headlines into response to shouted questions from reporters inside what we call this pool spray, a listening session with county sheriffs that is just wrapping up here. this is the first of several times we expect to see president trump today. you hit on this topic that he may take this all the way to the supreme court, that's he

confident in his executive order. >> reporter: what we didn't hear is that he planned to back down in any way, shape or form. he could have said we're going to get this done legislatively, change the languaguage of the executive order. he accused the media of failing to report a number of terror instances overseas. we covered the vast majority of the list that the white house provided as they attempted to provide some examples. but he's digging in on that issue as well, hallie. i know you're going to be back here at the white house to get some more questions to him today. >> kristen welker, always with the sneakers on. much more ahead. stick with us. when that pain makes simple errands simply unbearable...

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50/50 based on all of our reporting. here's the senate leaders who made their case on both sides. listen. >> more than two weeks into his term president trump has the fewest cabinet secretaries confirmed at this point than any other president since george washington. the president deserves to have his cabinet in place. >> all that we democrats are insisting on is careful, careful consideration of nominees who we believe almost universally are below par. >> let me bring in now our panel, democratic strategist jamaal simmons and susan del percio. susan, let me start with you. we heard senator mcconnell talk about the slow space of cabinet confirmation. but is some of the onus on the

president's picks they have to go forward. the democrats have to stop being an obstructionist group here. most of the american people believe that the president has the right to build his own cabinet. the democrats don't like them. the democrats didn't win. they don't have a majority in the senate and they don't have a democratic president. it's time to let this administration move forward. >> democrats def in tinitely do like betsy boss to become the uj enters, really concerned as these progressive groups kind of activate and this and it doesn't

succeed, does that say to you that perhaps the liberal. >> wa i'd say is that president drumm was rightfully secondhe's a mierjt american president. a majority of the people did not vote for him, a majority of the american people do not approve of the job he's doing. what he should be doing is to and the candidate who has no real experience and has shown she's not really studied up on many of the education issues in the course of her hearings is not the kind of person that even some republicans are finding they have a lot of confidence in. the president needs reach out to find candidates that people will

have confidence in. the president has got to do that. >> in addition to the fights over the cabinet, the courthousecourthous courthouse. >> going forward i would have certainly taken some time to inform the congress and certainly that's something that i'll certainly do in the future. >> so secretary kelly just prior to this did say that he believes this executive order is lawful and constitutional, but you heard him there acknowledging, frankly, this rocky roll-out. if it weren't for that, do you think there would be such an uproar over this temporary ban? >> no, there's an uproar where you have a president elected who

decides to shut the door on immigrants, shutting the door on so many people who want to participate. even in this cabinet, the president doesn't have some someone with the level of adversit adversity. he is defining 30 or 40 years using precedent and are excluding people and that's why people are on the streets. >> we are looking forward to this 6:00 appeals court hearing. do you think they should take this fight all the way to the supreme court? >> it sound like they're going to. >> but should they? >> president trump has used the courts as a manse eans of negotiation. when there was a business

dispute, he said i will keep up in the courts as long as i have to, i can outlast you. and that's what he's got to, that there is a compromise that can be reaped, that will allow him to at that. >> chris hayes is on the ground in chicago on thursday at a special town hall vant looking at surging violence and potential solutions. and he's looking at the future of a city, "chicago in the cross hairs," right here on msnbc. or fill a big order or expand your office

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listen, i know some days it feels like we are drowning in news. if you need a break, check this out for some vacation inspiration. do what president obama did. go hang out with a ba zillionaire, richard branson. this is the former president managing to get up on his kiteboard, kooit site surfing. i'm hallie jackson, you can find me any time online, not on the beach. right now we have much more news on this very busy day with my

colleague ali velshi. >> and you're good on that snapchat. we'll catch you later this afternoon. right now president trump's travel ban faces a legal showdown today, as more people rush into the country while they have a chance. developing now, senate democrats are in the final hour of an all-night session, protesting the education secretary betsy devos. and there is word a third republican senator may vote no and block her nomination. but if that doesn't happen, vice president mike pence would be forced to cast an historic tiebreaking vote. and happening now, the new england patriots are celebrating their historic super bowl win in boston. but a major mystery remains this morning, where is tom brady's missing jersey? good morning, i'm