chancellor angela merkel, hours before she is set to meet with president trump. we start in montana where the fight over health care reform has become literally just that, and republicans are bending over backwards today to condemn the act but not the man. republican there running for the open house seat, greg gianforte, at his last big campaign event for today's event, a reporter fore"the guardian" asks a very simple question about the new cbo numbers released wednesday afternoon on the republican reform plan and this is what happened. >> the cbo score. cause you know you were waiting to make your decision about health care until you saw the bill and it just came out and -- >> we'll talk to you about that later. >> but there's not going to be time. >> speak with shame please. >> but -- >> just -- >> i'm sick and tired of you guys. the last guy that came in here you did the same thing. get the hell out of here. get the hell out of here. the last guy did the same thing.

you're with "the guardian." >> you just broke my glasses. >> last guy did the same dam thing. >> you just body slammed me and broke my glasses. >> get the hell out of here. >> you would like me to get the hell out of here and i would also like to call the police. can i get you guys' names? >> you got to leave. >> he just body slammed me. >> you got to leave. >> a reporter for fox news saw the whole thing go down. here's what she said. >> i myself was standing about two feet from both gianforte and jacobs when this happened. there was a table in between us. i did see the whole thing when gianforte grabbed him by the neck, both hands, slid him to the side body slammed him and got on top of him and started punching and then yelling at him. >> after the incident, gianforte's campaign issued a statement detailing their version of events. as greg was giving a separate interview in a private office "the guardian's" ben jacobs entered the office without

permission aggressively shoved a recorder in greg's face and jacobs grabbed greg's wrist and spun away from greg pushing them both to the ground. it's unfortunate that this aggressive behavior from a liberal journalist created this scene at our campaign volunteer bbq. this morning the reporter who alleges the assault ben jacobs fired back. >> the only thing in gianforte statement that is factually correct is my name and my place of employment. i never touched or came close to gianforte. >> let's get to our nbc reporters mike viqueira on capitol hill, garret hake in bozeman, montana, where that incident occurred and peter alexander on capitol hill with breaking news of sorts on the fbi search and steve kornacki is here to break down that special election and the implications nationally. vick, let me start with you. republicans on the hill, they seem to be rejecting the violence, not so much the

candidate, though. >> well, that's right, craig. i think the thing that shocks people on the hill, whether members, staff or the journalistic community that reporter was asking mr. gianforte the candidate for the house of representatives about his opinion on of all things a congressal budget office report. wasn't asking about malfeasance or misbehavior in any way, shape, or form. i have spent the morning speaking with republicans started the day speaking to each other behind closed doors and meeting of all things the budget, outside reporters only wanted to talk about this interaction or this incident that happened in bozeman, montana, last night. to a man and woman all of them condemned the idea of attacking a reporter, especially for something as wonky if you will as a cbo report. the usual antipathy or resentmentany republicans in particular have for the media but that's not unusual and obviously seldom if ever comes

to an alleged assault such as what we saw and heard last night in montana. there was representative duncan hunter a republican of california who told the associated press it's not appropriate behavior, unless the reporter deserved it. but it felt to paul ryan in his weekly news conference to talk to reporters and offer his reaction to the incident. >> should the gentleman apologize? yeah, i think he should apologize. i'm sure -- i know he has his own version and i'm sure he's going to have more to say, but there's no call for this no matter what under any circumstance. the people of the state of montana will decide today who they will send to congress. >> reporter: the people of the state of montana will decide today. that's another way of saying that paul ryan will not oppose the seating of mr. gianforte, should he win, which is by no means a certain thing. the house of representatives has the power to block someone from being seated. paul ryan says that if gianforte wins he will be seated, as

montana's at-large representative. >> vick on the hill, stand by. garret, what's been the reaction there on the ground in montana? >> well, craig, last night there was sort of two questions after all this broke, right. was this going to get into the bloodstream in time so voters would hear about it before they voted and change any minds. the answer to the first question absolutely yes. we've been at this polling place only about 20 minutes and talked to a dozen voters off camera, every one was aware of this incident and reactions from shrugging it off to sort of appalled by it. i've tucked to quist voters, what i've heard from both sides it fired up the bases of both sides. a man voting for quist who wish he could have voted for him another dozen times. another cup whole voted for greg gianforte and they were unbothered by this. what i have not heard anyone who says this incident caused them to change their vote. and that's really not surprising when you consider the amount of money and attention that had been paid to this race over the last 85 days.

something like $17 million spent here by the two parties and outside groups combined. republicans in particular have been throwing in the kitchen sink. they had mike pence here about a week and a half ago, donald trump jr. was here a little bit before that and over the last few days, the president himself recorded a robocall gut to voters in montana about this race. take a listen to that. >> vote for my friend, republican greg gianforte, for congress. he's a wonderful guy. he knows how to win. he's going to win for you. and i'll tell you what, the people of montana are going to be happy. >> so gianforte has really hugged donald trump and the entire sort of republican trump agenda in this race. quist has been something of a different story. but there was no question these two candidates could not be more diametrically opposed and we'll find out tonight on a special election, a thursday vote, in may, just before holiday weekend how something like this plays

out. craig? >> garret, quickly here, did we ever get an answer to the question that ben was trying to ask? i mean do we know where he stands on the new health care bill since the cbo score came out? >> no. in fact, we don't. in fact, the only thing we've heard from the gianforte camp today or really last night was that statement, essentially pinning the blame for this entire incident on jacobs. they have not said a word and cans ltds several other interviews that they had scheduled around election day. on that very simple question we still don't have an answer. >> thank you, sir. mr. alexander stand big for us in d.c. with some news on the search for an fbi director. mr. lieberman is out. is that right, peter? >> that's right. senator lieberman no longer in consideration by the white house after sending a letter to president trump yesterday. nbc news obtaining a copy. this was largely a function of the president that has decided

he will be hiring a man by the name of marc kasowitz, his long-time manhattan attorney, to play a role in all things he needs in terms of consulting him with the russia investigations swirling right now. part of that letter you see on the screen reads, with your selection of marc kasowitz to represent you in the various investigations that have begun i do believe it would be best to avoid any appearance of a conflict of interest given my role as senior counsel in the law firm of which marc is the senior partner. that firm cas sew wcas sew wit'm has worked four years. the white house i'm told by sources familiar with the decision making process has been broaning outts search to come up with other names. this is striking because there was a sense before the president left on this foreign trip he may be able to make that announcement, he said in the oval office he was very close to a decision, said it could happen before the end of the week, well now we wait for his return and we continue to wait to find out

who that next fbi director might be. >> peter alexander for us on the hill, thank you. let's go back to gianforte here. steve kornacki. the assault charge, does it change the race in any measurable way? i mean i guess it's still pretty early to tell. >> it is fascinating. you see some of the headlines here. this what is people in montana are waking up all over three newspapers across the state rescinded their eppers doment of gianforte today. in the old days this would absolutely be a game changing occurrence. it's not the old days anymore. we're living in the age of early voting. so here's what happened. they mailed out a month ago more than 350,000 ballots in montana. as of close of business yesterday before anybody heard anything about this assault on the reporter more than 250,000 had been returned. here's the other thing, usually it's about 70 -- about 80 to 90% of these that get returned so there's probably tens of thousands in the mail. you're probably looking at 300,000 votes already cast

before this happened. what does that mean in more practical terms? early voting has been getting more and more popular with every election in montana. last year two out of every three votes cast in the presidential election in montana were by early vote and mail. you can expect that number to be at least that high. maybe more. we could be looking at about 70% of all votes end up being cast before this happened. if you're a democrat, here's what you're hoping for. they do have same day registration in montana. if you're not registered, saw this on the news, i want to go out and vote go down and do that today or if you were mailed a ballot, people sign up and get the ballot mailed automatically, sitting around the house and this inspires you to vote you can fill it out but you have to bring it in today. have to have the ballot in by 8:00 tonight. can't mail it today and have it count? fwas. >> based on this it would seem this race was over long before what happened last night transpired. >> if it's close or a squeaker in the early vote what happened today could make the difference. if gianforte got ahead 5, 6, 7

pointst's tough to make it up on election day. >> always good to have your insights, sir. thank you. mark sanford is a republican congressman from the great state of south carolina. congressman always good to have you, sir. let's take a look at this health care stuff, this new cbo numbers on the health care bill. they're on the screen for our viewers and listeners at home. according to the cbo, increases the number of uninsured by 23 million people, 14 million in the first year, reduces spending on medicaid by $834 billion, it would reduce the federal deficit, something i know you're passionate about, reduce the definite by $119 billion by 2026. do you regret your vote for the plan? >> no. and i think what needs to be remembered here is there's a whole lot more in the way of refinement that will take place. you'll see that take place on the senate side, you'll see it should come back in conference. this is, again, the beginning of the process. the question that i think we had to ask in the house is, is this bill good enough for the senate

to continue the debate and i believe it was. >> 23 million more uninsured than under the current plan. is -- >> well, but i think that's a simplistic look. i think, one, part of that is people themselves, if they're not required to buy something, they might choose not to. >> so they're uninsured? >> yes. but again, there's another component to this, which is, if you actually read through the cbo report what it shows is, if you have lesser levels of coverage than is currently extend the with the affordable care act, you're not counted as insured. i don't know that that's what most people would consider to be an accurate reading of uninsured because for many young people they do want to have a plan that has a smaller number of enumerated benefits, that is a plan that could work for them. if i'm forced to buy a $1.5 million homeowners policy but have a $200,000 house that's not a plan that works for me. i think the same could be said of health care. >> let's dive into the report more here. this is a look at what's not

covered. according to the cbo quote out of pocket spending on maternity care and mental health and substance abuse services, those things could increase by thousands of dollars in a given year. bloomberg analyzed the maternity coverage cost specifically, in a state where coverage is no longer mandated the costs would skyrocket. 21-year-old man would pay about $105 a month, meanwhile, a 21-year-old woman would have to buy a policy rider which could make her costs me than $1100 per month. how do you defend that in 2018? >> it's only if there's discontinued coverage. the whole idea of the plan is to induce people to coverage. what's happening now with the affordable care act, is people wait until the house is burning to sign up for homeowners policy. that isn't insurance. it is catastrophic coverage, but it's not insurance. the idea to go back to insurance so if you have continuous coverage you do not see those

kinds of increases, if you've not had continuous coverage i'll get off and take my chances there are high risk pools to address those very costs and the other important part of this report, was the flip side of the equation. and what it showed was, in those states that actually could alter their plans, you saw a substantial reduction in premiums. and that part of the debate has not been talked about. we talked about one half of the equation, which is how do we help people who have profound health care needs. i think that's addressed. but the other part of the equation, those small business people, or those folks that are individually employed, what happens to them because what we've seen with the latest report is 100% escalation in premiums over the last couple years and that's hurt a lot of people as well. >> congressman, just to pivot, you had pretty strong words for mick mulvaney, a fellow south carolina lawmaker as well, now he's the white house budget director. i want to play a portion of what you said yesterday. >> yes, sir. >> you have said that the foundation of your budget is 3%

growth. and i have looked every which way how you might get there and you can't get there. it's not only a myth it's frankly a lie. >> those are fightin' words. explain why you think the white house budget figures on growth are a lie? >> well, the average economic expansion in the history of our country is 54 months. 54 months. we're now in the third longest economic expansion in american history we're at 96 months. what they presume in their budget is that we will completely uplift the laws of financial gravity and we will not have a recession. not in a couple of months or years, but in the entire teyear wdow. and that is simplyunrealistic. what they presumes 214 months of uninterrupted economic expansion and that isn't realistic. if you base your numbers on something that is realistic the consequent budget is equally

unrealistic and why we got into a bit of numbers back and forth myself and the omb director. >> really quickly before i let you go on gianforte, i know that you told a reporter a short time ago, apparently you told buzzfeed reporter this morning i think people would be careful not to make him mad. assuming he wins this election in montana today. house speaker paul ryan said he should apologize, do you agree? >> absolutely. again, we can vigorously disagree on ideas, but you can't take that to the notion of physical violence. there's something very wrong there, it needs to be immediately condemned, because you do not want this to get out in terms of people believing it's okay to assault a report are or anybody else. >> if he wins he should be seated? >> that's beyond my pay grade, decided by leadership and the people of montana. if people of montana say this is our guy, i don't know that congress should decide otherwise. >> thank you. >> yes, sir.

>> new video of president trump and nato leaders, dining in brussels this hour. his first meeting with the alliance not without controversy. check out this video. watch it, watch it, he's coming in the middle, oh, there's president trump. you see him literally push another nato member out of the way. how did that go over with world leaders? another american president is overseas, former president barack obama making a very public appearance with german chancellor angela merkel, the former president taking a not so subtle swipe at the current administration. >> in this new world that we live in, we can't isolate ourselves, we can't hide behind a wall. bnch i am totally blind.

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president trump is breaking bread with nato leaders at this hour. the leaders of the 28 nations are at a working dinner brussels. earlier, mr. trump addressed the group on the terror threat that he says all nations face. >> the nato of the future must include a great focus on terrorism and immigration, as well as threats from russia and on nato's eastern and southern borders. >> let's bring in nbc news pentagon correspondent hans nichols and msnbc military analyst barry mccaffrey. general mccaffrey served as deputy u.s. representative to nato as well. hans, let me start with you,

sir. this video that's starting to make the rounds on the interweb, especially of president trump there this morning, it appears to show him pushing a nato leader out of the way, we just showed the video. have we confirmed who that leader is and any explanation about what happened there? >> we think it's the prime minister of montenegro. we should note montenegro won't become an official member until later this week. this is his first dinner. i don't know if mr. trump was aware of that. a lot of times at these summits you have group photos, class photos, that they'll put on. it's clearr. trump wanted to get in the front of the line and wanted that visual. i mean you're an old football guy. you see a hole, that wouldn't have been a problem for you. trump created his hole there. >> indeed he did. let's turn to the business of the day. the white house reaffirming that the united states is 100%

committed to article v, the mutual defense clause of the nato agreement. why did the white house need to clarify? >> trump didn't utter those words himself. especially in the east, what they were waiting to hear was a full throated support from president trump saying he supports and committed to article v. he didn't explicitly endorse it. given a lot of his campaign rhetoric questioning the relevance of nato some members were looking for a little bit more from president trump. he has a chance to clean this up, right, they're in this dinner now. he can always say something more explicit if that is his intention. note that on russia he was perhaps stronger than we've heard before. he said there's a threat from russia which is bellicose is too strong but stronger language than we've heard from president trump. >> talked about nations playing their fair sair, i want to get your take on the other side. here's president trump in brussels. >> 23 of the 28 member nations

still are not paying what they should be paying, and what they're supposed to be paying, for their defense. this is not fair to the people and taxpayers of the united states. >> general, this is something we heard from the president a lot on the campaign trail. he talked about it a fair amount since he's been in office as well. is that true? >> well, i think it's quite true, and it's a serious concern. the germans essentially have disarmed. they're no longer the massive capability they had in the '80s or earlier. the brits are disarming. the french has stopped the draft. there is a problem there, no question. but craig, at the end of the day, nato is central to the defense interests of thete states. and the amount of money we spend, by the way, because we have a global navy, a global air force, a presence in korea and elsewhere so i think, mr. trump,

to be blunt, is probably the most unsettling u.s. president in the history of nato. they wanted to hear him say directly, we stand behind a u.s. treaty which is what nato is. we committed, senate approval, to the defense, common defense of the nato allies and he hasn't made that explicit. >> we also heard from the president there, talking about russia, singled out russia, immigration, also telling members, we heard the part about telling folks they need to foot the bill, but in signaling out russia how significant was that, jen until. >> i think -- general? >> i think it was major. the europeans, the polls, the ball tick nation, not just non-nato members like ukraine, are enormously concerned about a very real, growing threat of russian aggressiveness in

eastern europe. they're buzzing -- russian aircraft are buzzing u.s. naval ships at sea in a dangerous manner, and the baltic area. we got a problem. we need to deter russian interests. it does require more investment on the part of our nato allies. but it also requires political commitment from the president of the united states. and i think they're very unsure about what has been a volatile and petulant sort of performance on the president of the united states about h support of nato. >> hans, what's next on the president's agenda there in brussels? >> a little listening. what we have at these nato dinners each member gets about three minutes to speak. for a lot of these members and these leaders that may be facing difficult headlines at home, this is their chance to counterpunch and strike back. so i'll be really interested to see the kind of readouts we get from the various delegations,

from the british, the germans, the french. they all talk to their local reporters, a nato community here, everyone is reading each other's papers. for leaders that want to see, appear they stood up to trump they can do it in the private meeting and then talk about it after. one quick note, craig, on this idea of intelligence sharing. secretary of state tillerson is being dispatched to london to smooth things over with the government of theresa may. you saw theresa may being quite angry in statements she has made leading into this, via u.s. hands and got out into the public domain and could have impeded that investigation into the manchester bombing. craig. >> we will talk more about that this afternoon as well. hans nicoles in brussels, general, always good to have you as well, thank you both for your time. the hits keep on coming for republicans. from new reports that attorney general jeff sessions did not disclose meetings with russian officials to that political smack down in montana last night, it's been a rough week

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president trump may be overseas, but it's a busy day on the domestic political front. joined by glen thrush, new york, times white house correspondent and also an msnbc political analyst. jonathan swan, national political reporter at axios and jake sherman, politico senior writer. good to have all of you on as thursday afternoon. jake the story everyone of course in the political world continues to talk about the allegeassault of ben jacobs "the guardian" reporter by publican congressional candidate greg gianforte on the eve of today's special election there in montana. what's your take? is this going to have any measurable impact on the vote in mon tan in. >> as glen's colleague noted in today's "new york times" 37% of the vote was in before today. people have voted and made their determination in a very red

state one way or the other. now i mean, listen it's impossible to know whether this will impact things. i can tell you in the capitol paul ryan just spoke about this and said, it's unfortunate, it's not appropriate behavior, but the people of montana have to decide. i asked him after that if he would accept gianforte into the house republican conference and he said it's up to the people of montana to decide. so republican leadership, they're distancing themselves from him but not saying completely that he's out of the republican fold if he wins and we've talked to a lot of republicans on capitol hill today, they do believe he has a very good chance to win this afternoon. >> jonathan, white seem to a lot of folks that republicans are in sort of a lose/lose spot. if he loses the race that's zinke seat they've lost. but he gets elected and here's a story that just goes on and on and on for months and if there's a trial -- i mean it would seem as if this is one of those spots where it's a worse case scenario

on both sides, no? >> yeah. and i should disclose ben jacobs is a friend of mine but the most damming report came from the fox crew that was in the room that he put his hands around his neck, slammed him to the ground and you can hear on the audio he went completely crazy. this is not a stable person. so this is going to carry him around. this is has defined him already. for whatever he does in his congressional career, whatever monuments he votes to unmonument, this is going to be the thing that defines him. >> whatever monuments he votes to unmonument. >> that's the thing in montana. you get rid of the monument designations. >> tt's true. glen, let's turn our attention to attorney general jeff sessions. there are those -- the new reports in the "times," other publication, raising doubts now about his failure to disclose meetings with russian officials on his security clearance forms.

the doj issued this statement that reads in part, quote, as a u.s. senator the attorney general met hundreds if not thousands of foreign dignitaries and their staff. in filling out the sf-86 form the attorney general's staff consulted with those familiar with the process. as well as the fbi investigator handling the background check and was instructed not to list meetings with foreign dignitaries and their staff connected with his senate activities. is that an explanation that holds water? >> i don't think so. did he really meet -- this is jeff sessions, senior senator -- i'm sorry junior senator from alabama did he really meet with thousands of foreign dignitaries? was this in one -- did he go to an arena where there were a thousand foreign dignitaries? by the way, this isn't like the prime minister of montenegro that the president body slammed today. this is the -- we're talking about the ambassador from russia. a fairly memorable character,

especially considering the timing of the meeting. look, you know, a lot of this stuff doesn't hold itself up to scrutiny. prima facia perhaps there's some explanation in terms of what he was counselled to do, but it's very clear that we need a fulsome investigation into this in a real public airing of precisely what went down. >> jake, it seems as if the administration really can't escape the russia story. your site today reporting that paul manafort remained in contact with the president and his aides after the fbi launched its russia probe. multiple stories, some days. how does the administration get past the russia controversies? >> i can tell you on capitol hill, republican leaders are just hoping to ignore them. and that's how they've been treating it. they have -- the president trying to pass tax reform, his treasury secretary has been up here all week talking about tax

reform. there's two realities. the reality up here and then the reality that donald trump is living in and it's a difficult -- they're difficult to reconcile at this point. up here on capitol hill, the hope for democratic cooperation on any of these items in the house or senate is diminishing very quickly and it's becoming increasingly clear that we're going toward the end of the year and republicans are going to be entering an election year with very few things to show. the administration continues to believe tax reform could be done by the end of the summer. or by the end of the year. these are fantasies that they continue to live in despite a lot of members of congress laughing and telling them they need to realign their thinking. >> and now you've got that potential debt ceiling crisis that's also looming as well there on the hill, mr. sherman. glen, i want to put up some poll numbers here. the president appears to be losing some support. this is a fox news poll, here's the poll,40%,40% of those

polled approved of h mr. trump is doing his job. 53% disapproval rating. this is a fox news poll. those are his lowest approval ratings since the inauguration. do we see that trend line changing at some point or is this going to be the new norm for the traump administration? >> who knows. it has been a horrendous couple weeks. every time he seems to get a victo victory, like with the health care passages in the house, and man that was a short lived keg of beer over there in the west wing, he just seems to have these firestorms. the comey firing, which he was advised against by many members of his staff including his counsel don mcgahn. a lot of self-inflicted wounds. he has lawyered up in terms of an external counsel. we have joe, the letter from joe lieberman withdrawing from

consideration as fbi director. everything seems at the moment to be in pieces on the ground. whether or not he's going to be able to kind of recover and come up with a coherent plan is really up to him. we've gone through the staff stories, guys. we've talked about how chief of staff priebus and sean spicer are all under the gun here. this comes down to the president and how he's managing this white house. and i think when he comes back off of this trip, he's got to take a good, long look in the mirror and think about the kind of job he's been doing. >> jake sherman, jonathan swan and glen thrush as well, glen thrush, sans hat on this thursday afternoon. we thought that you were contract actually obligated to wear that thing when you appeared on television. >> it's a gray day in washington so i wanted to give you some nice shine. >> thank you for the light, sir. a programming note glen mentioned it, just hours after taking himself out of the running to become the new director of the fbi, joe lieberman, former senator, will be nicolle wallace's guest

exclusively, deadline white house, 4:00 eastern, every day on msnbc. it's a good show. you should check it out. trumping the president, former president barack obama appearing with angela merkel in berlin hours before her nato meeting with president trump. what he had to say about the current administration and the plans to repeal obamacare. >> certainly i have some regrets that we weren't able to get everyone health care and, obviously, some of the progress that we've made was -- is now imperilled because there's still a significant debate taking place in the united states but the point, though, is that for those 20 million their lives have been better. tweet your small business questions to @msnbcyourbiz for small business advice watch "your business" sundays at 7:30 a.m. eastern on msnbc. mmmm.

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they're the right thing to do or out of kindness, but also because if there are disruptions in these countries that there's conflict, bad governance, if there's war or poverty, in this new world that we live in, we can't isolate ourselves and hide behind a wall. my hope was that i was able to get 100% of people health care while i was president. we didn't quite achieve that, but we were able to get 20 million people health care who didn't have it before. and -- [ applause ] -- certainly i have some regrets that we weren't able to get everyone health care and, obviously, some of the progress that we've made was -- is now imperilled because there's still a significant debate taking place in the united states but the point, though, is that for those 20 million people their lives have been better. >> nbc's matt bradley is in berlin, germany. mat, it would seem as if the former president got quite the

rock star welcome today, sir? >> that's right. what's really remarkable is just the sheer affection that this crowd had for the former u.s. president. if you remember it was a little less than a decade ago that just behind me, right past brandenburg gate, obama as a presidential candidate, addressed t addressed 200,000 adoring germans in the tear garden behind me and angela merkel, the chancellor of germany, must have appreciated the optics of sitting next to a popular president, popular politician only four months before she herself faces re-election. this was as you mentioned, this was about the 500th anniversary of the protestant reformation. it was about the past and for obama it was about the pasts too looking backward and evaluating his presidency and he made several references to his time in office. he basically at one point he

expressed some regret, some acknowledgement, that he probably had killed innocent people in his use of drones in afghanistan and elsewhere, and as you heard in that clip, he mentioned some regrets he had about not being able to provide 100% health care coverage for all americans. but again, craig, this was about religion, and even more than he hit at president trump, he actually talked about his personal faith. take a listen. >> there, obviously, has been a significant immigration debate in the united states. people coming from mexico, more recently coming from central america and latin america, and the struggle that i think angela has, that i've had when i was president of the united states, is that in the eyes of god, a child on the other side of the border is no less worthy of love and compassion than my old

child. >> you are looking for president obama to deliver a scalding burn against trump who is here in the continent with him you might have been disappointed. he was very disciplined and very presidential. craig? >> that continues to be the case here. since he's left office. matt bradley in berlin, where the sun appears to be setting. thank you, sir. we'll check in with you later. back here, montana authorities are expected to give an update, a press conference, on the political smack down between the republican congressional candidate and the reporter last night. meanwhile, plenty of reaction from capitol hill this morning. i talked to one democrat about the candidate that could become his colleague here. n my hand. i decided to see if there was a way for design to play a... ...positive role in what was going on in the world. there's a jacket that's reflective for visibility... ...a sleeping bag jacket, jackets that turn into tents.

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that uses technology once only available in doctors' offices. its smart wireless design lets you control its intensity for deep penetrating relief at the source. the power of relief is in your hands. aleve direct therapy. find yours in the pain relief aisle. breaking news right now coming out of d.c. on the president's travel ban executive order. justice correspondent pete williams is standing by. pete, what can you tell us? >> reporter: it's just been issued. this is from the fourth circuit court of appeals. pardon me me while i'm not looking right at you. i'm looking at the opinion here.

this is one of the two court cases that are now in the appeals court, both of which involve decisions by judges that upheld bans on enforcing the president's revised executive order on travel from six mostly muslim countries, and the question here is this was the fourth circuit one based on a ruling from a judge in maryland, and the bottom line here is that the appeals court is upholding the decision by the judge in that case, limiting it just slightly but basically enforcing the ban on issuing -- the restriction on issuing visas to visitors from those countries, craig. so we're waiting now for the decision from the ninth circuit court of appeals, but let's think this through for a second. this appeals court is substantially upholding the ban on enforcing the executive order even if the ninth circuit, which heard arguments in this case last week, goes the other way, one of the nationwide bans would

still be in place. both the appeals courts would have had to rule that the bans on enforcement were improper in order for the government to begin enforcing the executive order, so it appears that's not going to happen. it appears growingly likely the resolution in this case is going to be in the supreme court, and the term of that court is going to end at the end of june. so it would seem that unless the government succeeds in getting an emergency ruling from -- an emergency agreement from the supreme court to hear this case before its term ends at the end of june, it's going to be the fall before this gets argued before the supreme court. so what it means is we now know that the government was not going to be able to enforce this executive order for many more months, craig. >> pete, you know these circuits better than just about anybody. fourth circuit, ninth circuit. are we surprised at all that this was the decision that came out of the fourth circuit, and based on what we know about the

ninth circuit, any way to glean where those judges might be leaning? >> so two ways to answer the question on whether it's a surprise. no, because of the way the argument went. we were able to listen to the argument. it was streamed audio. the argument was open to the public, and it did seem as though the court was very skeptical of the government's argument that the judges should pay no attention to what the president said during the campaign. that's been the main issue on appeal in both these courts with the challenger saying this is, in essence, religious discrimination. they say just look what the president said during the campaign about the need to have a muslim ban. the government lawyers had argued, no, that doesn't count. it only counts what the president does once he's in office, and there were good and legitimate reasons in having this restriction on issuing visas. that's been the main reason here. based on how the arguments went in terms of the makeup of the

circuit court. the fourth circuit used to be one of the most conservative courts in the country. that's not true anymore because of the number of appointments during the obama administration. craig, remember the ninth circuit is the one that shut down the first travel executive order. listening to the argument last week, it didn't seem like it was going to fare any better. in any event, we have one appeals court upholding the ban, so no matter how the ninth circuit goes, it's going to be months before the government could, if it ever does, begin to enforce this restriction. >> justice correspondent pete williams for us there in washington, d.c. on this breaking news. again, the federal appeals court, the fourth circuit, to be specific here, upholding that block on president trump's executive order restricting travel from muslim majority countries, a number of these muslim majority countries, pete williams at the breaking news here, that is not going to be enforced here for the foreseeable future. we will be right back.

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