developing stories right now including the government shutdown entering day five. president trump demanding congress reach a border wall deal and digging in. >> i can't tell you where are the government is going to be open. >> lawmakers are seeking answers after a second young child dies while in custody of u.s. customs and border protection. cpb ordering medical checks on every child in it custody. >> this is extraordinarily rare. this is devastating for us. >> and after several days of brutal losses, the markets looking to rebound today. but what does all of this volatility mean and will it end soon? we'll dig into that soon. we start with the ongoing government shutdown. thousands of federal workers are either staying at home or working without pay. i have a great team to help me explain what's going on. first the backdrop for all of this. quite extraordinary. the reason that 800,000 federal

workers are in this position because of the fight over funding for a border wall. a fight that does not appear to be ending any time soon. president trump says he wants a deal. there's no one on capitol hill to negotiate with right now. and democrats will take control of the house next week meaning the politics of this is likely to get harder. not easier. nonetheless, the president says he's ready for a long fight. >> i can't tell you whether the government is going to be open. i can tell you it's not going to be open until we have a wall, a fence, whatever they'd like to call it. i'll call it whatever they want. the only way you're going to do it is to have a physical barrier meaning a wall. if you don't have that, then we're just not opening. >> let's get to garrett haake who is live on capitol hill for us. where do we go from here? >> there is a palpable lack of urgency on capitol hill.

senators and members of congress are not back yet. we expect to see the senate come back tomorrow in some capacity. i can tell you the spokes people were all the major players here, pelosi, mcconnell, all gave me the same answer this morning when i tried to check in. there is nothing new to report in terms of progress on the shutdown. the sides are talking to a degree. but they're not getting much closer. and hearing from some of the principals, it sounds like both sides are digging in. here's what president trump told reporters as part of the oval office chat yesterday. >> many of those workers have said to me and communicated, stay out until you get the funding for the wall. these federal workers want the wall. >> reporter: craig, that's going to be tough to verify. it harkens back to the white house claiming there are fbi agents calling them back to thank them for firing comey a year and a half ago or so. it indicates the white house's

stance. they feel like this is something they can wait out. likewise, democrats also feel like the longer this goes, the stronger their hand gets. nancy pelosi gave an interview to usa today that appeared over christmas when she said the fact that he says we're going to build a wall with cement and mexico is going to pay for it, he backed off the cement and is down to a beaded curtain or something. i'm not sure where he is. that's nancy pelosi joking a little bit, but her point is legitimate. we have heard the way the president talks about the wall. change substantially over the last week or so. it was the korconcrete wall. yesterday it was a wall or fence or whatever you want to call it. they feel like if he keeps negotiating for themselves, there's nothing but them to sit and wait for him to come back to the table. >> the president is looking for 5 billion. he's been offered 1 $.5 billion.

>> that's where things started. the vice president came with an offer somewhere between that 1.6 and $5 billion spot. the minority leader chuck schumer rejected it. really, the number is less important, i think, than how the money is earmarked to be used. democrats will tell you they want to support border security but they don't want the money to go to a wall. whether we're talking about money for the border or it's more help for cbp or fencing or surveillance technology or whether it's a big, physical structure, i think it will make a difference. $5 billion in the federal budget is not a lot of money. let's bring in our panel. we have a former senior adviser to the dnc, and former communications director. and the washington bureau chief for the texas tribune.

thank you for being with me on this day after christmas. matt, i'll start with you. what might the president's strategy be here? >> well, the only thing that matters here, the only thing, is what he and leader schumer can agree to. they both know they need democratic votes here to get this thing done to reopen the government. at least for president trump, and i believe for leader schumer too, there's no incentive to give in right now. it's riling up both their respective bases. i think it's why we're far apart on a solution. and i think as everyone knows, republican's research is diminishing. as we get to january third, there's no way that speaker pelosi is going to approve funding for a wall, especially when they couldn't get it done with a gop congress. right now the only thing that matters is what president trump and chuck schumer can agree to. >> doug, if you were consultanting chuck and nancy, how would you advise they handle this standoff from here? >> i would tell them to keep doing what they're doing. trump is sort of negotiating

against himself. we don't really know what he wants. last week he was sort of all over the place. the administration was all over the place in terms of first sort of accepting deal that congressional democrats and republicans had reached. and then backed away because of pressure from the far right, and then today and yesterday you heard him talking act webout wee are building a wall, but we need a wall. he said in the past our southern border is secure, and then on the same day said all these terrorists are pouring in. we don't know exactly what trump wants. it's hard to negotiate with someone who can't say what he wants. first it was a brick wall. now it seems like steel slates or a fence. democrats want border security. we're all for that. we want the government to be open. this is the third shutdown under president trump. and americans are really just getting scrooged by this guy right now. >> matt, the president says he wants this wall built by 2020. he clearly believes that this is a winning issue for him

politically. how big of a deal is this wall? how big of a deal is it to republicans that you talk to? >> oh, it absolutely is. it was the central campaign promise that he made in 2016. i think what we're seeing more broadly is essentially the announcement of the president's reelection campaign. and chuck and nancy are the replication of hillary clinton from 2016. the president is best when he has an enemy. and he had it in hillary clinton in 2016. he's now moving into having one with nancy pelosi and chuck schumer now. he'll use them until there's a democratic front runner out of the primaries. what we're seeing is him kick starting his reelection campaign and firing up the base which might have been dormant the last two years. what we'll see the next couple of years is a way for him to kick up the base and make sure they're revved up on time for election day 2020. >> president trump mentioned your home state of texas the

other day. here's what the president said. >> yesterday i gave out 115 miles worth of wall. 115 miles in texas. and it's going to be built hopefully rapidly. i'm going there at the end of january for the start of construction. the new piece, the new section is very, very exciting. what's going on there. and you'll see it. because in january i'm going there. we're almost having a ground breaking. it's such a big section. it's probably the biggest section we'll get out. >> first of all, president trump obviously can't award contracts on his own. do we know what he's talking about there? >> my understanding is this is all very unclear, and it may be trump riffing. what i can tell you in the state of texas, border security is a complex issue. it's the dom innoceinant issue republican house primaries. but on the flip side, building a border wall is very difficult

because of imminent domain. ranchers on the border don't like it when the government wants to take its property. even if trump is able to allocate this money, which i'm not sure he is, you could get into serious legal wrangling. attorneys in texas are starting to gear up for that sort of litigation. >> that's the part of the story that doesn't get talked about. a lot of the land required to build the wall the president wants to build is privately owned land. never mind the natural barriers that exist whether it's the rio grande. it's not something a lot of folks talk about it. it sounds like something they talk about in texas, though? >> absolutely. violation of imminent domain is a conservative principle. a couple years ago we polled the delegation of texas, all 38 members. nobody from texas two years ago wanted a border wall from sea to shining sea. they want bits and pieces. you start getting into dicey

conservative politics when you start taking people's property. doug, on the stand off, how long do you suppose this thing is going to go? and how do you think it's going to play out? >> i think it's likely it's going to go through the new year, and then i think that when nancy pelosi takes over the speakership, i think she'll work with mitch mcconnell and schumer and the white house, and i think it will come an end shortly after that. i don't see it ending before then, and to your discussion with abbie just a little while ago, we've also forgotten the other key point to this which was mexico was supposed to pay for this wall. that was the central plank of the president's campaign. that's -- when he was doing his call and repeats on the trail, that's what the audience would always fire back with, and that was a failure on the president's part. and so now we're stuck with the taxpayers now being asked to pay for this wasteful government

project that's not going to really help us secure the border. >> although the administration has pointed out from time to time when pressed on mexico paying for the wall, they insist that they are going to still pay for the wall, al bee beit indir. that's the line from the administration. doug, you pointed out this is the third shutdown under this president. do you think we're desensitized to even partial government shutdowns? it does not seem as if people are taking to the streets yet. we've only five days in. do you think we've gotten, unfortunately, used to lawmakers not being able to fulfill what would seem to be one of the most basic responsibilities of their job? just keeping the government open? >> right. this is a basic responsibility of the president and congress. republicans rule all three branches. i worry that the chaos and dysfunction that we see out of this white house on a daily

basis does maybe desensitize us a bit. i think on the progressive side, though c th though, this is getting to be a bit too much. every other day or every day, really, we seem like we're dealing with the president dealing with a different crisis of his making. shutting down the government, even if it's a partial shutdown, there's a serious deal. hundreds of thousands of americans will be impacted by that whether they are being furloughed or just the sort of uncertainty that it's going to cause the market. and we saw what has happened to the stock market the last several weeks. it's not good. it's going to hurt our economy. it's not good for our workers. and it's just overall not good for the positioning of this country globally. >> abbie, matt, thank you, doug, always good to have you. thank you as well, sir. the wild ride on wall street continues after that historic selloff last week. we'll take a look at the markets and take a look at the volatile

and what we might expect about the year ahead. and reaction from the administration about the hand pick fed chair. first ruth bader ginsburg is at home. she had a cancerous growth removed from her left lung. he was released from the hospital on christmas day. the court says no further treatment is plan and there's no evidence of remaining disease. b, another dilemma. am i willing to pay the price for loving you? you'll make my morning, but ruin my day. complicated relationship with milk? pour on the lactaid. it's delicious 100% real milk, just without that annoying lactose. mmm, that's good. lactaid. the real milk that doesn't mess with you. and try calcium enriched lactaid. 100% real milk with 20% more calcium. still no lactose.

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dow up about 112 on the day. this morning president's top economic adviser tried reassuring any fears. is the fed chairman's job safe? >> 100%. >> it's not in jeopardy? >> absolutely. >> hans nickels there, our white house reporter getting that. lessly pi-- leslie picker joini me. >> that bit of use about jay powell's news has jolted the markets of the up side. moments ago before that it's been a volatile morning for both the dow and s&p.

now both indexes are trading higher. the nad zach in tsdaq in the gr. uncertainty in washington has been overtaking the markets over the last few days. specifically trump's relationship with powell and his job over the idea that the federal reserve has been raising interest rates in this economy. whether the economy is ready for it. trump has pointed to the rising interest rates as cause for the recent market selloff. the selloff has also been exacerbated by recent tweets from the president criticizing the fed's moves. >> and then by the way, there's that little trade war that appears to be on again off again. so do we surmise at this point leslie that since jerome powell's job has been guaranteed for now, do we think that's going to mean a consistent up swing in the markets into 2019

or is that wishful thinking? >> it will help. the key will depend upon what happens on twitter and what the comments are with regard to the safety and security of his job as well as steven mnuchin's job which he said earlier today was also safe. the markets are keenly focussed on that. there are also a variety, a cornucopia of worries for the markets including the trade war, as you mentioned. the shutdown. washington uncertainty is in focus. the market is reacting to that uncertainty in a way it wasn't even earlier this year. it looks to be like 2019 could see some of the carryover from the volatility at the end of the year. so i don't know if fed chairman jay powell's job is the one barometer that will keep these markets in check and keep things in the green. i think there are a lot of other worries out there. >> all right. we'll have to leave it there. leslie, thank you. up next on this wednesday morning. growing calls for congress to investigate the department of

homeland security after a second child dies while in the custody of u.s. customs and border protection. we'll tell you what steps the cpb is now taking in response. hi i'm joan lunden. today's senior living communities have never been better, with amazing amenities like movie theaters, exercise rooms and swimming pools, public cafes, bars and bistros even pet care services. and there's never been an easier way to get great advice. a place for mom is a free service that pairs you with a local advisor

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the u.s. customs and border protection authorities are now ordering extra medical checks for every child in its custody. this follows the deaths of two migrant children from guatemala. this month alone most recently an 8-year-old boy died late monday in new mexico. he was detained last week with his father and treated at a hospital wefor a cold. his death comes just weeks after another seven-year-old died in texas after being detained by cbp for less than 48 hours with her dad. the government says both cases are currently being investigated and the causes of death are still unknown. i want to go to nbc national security and justice reporter julia ainsley. i understand you just hung up the phone with someone from cbp. what are they saying? >> we're getting two different lines from some of the political appointees within the administration and then some of those on the ground with customs

and border protection. on the ground they say they need more resources. part of that request, they want emergency personnel who can come in administer the secretary screenings. right now if you go to what they call a check point or somewhere that's in one of these remote areas, you really don't get the full medical screening you would normally get. you get kind of a fom of exhibiting symptoms or not. and that was a big contributor in her case. she had to wait on a bus for an hour and a half before she got care. in this case we saw a boy who got care. he was discharged again. what the other people on the other side of this and political appointees are saying this is a case where we shouldn't be sending children at call. but i would really focus more on what those on the ground are saying. they need medical professionals and more room to move the children out of customs and border protection into ice

custody where they have medical professionals and more room. you're not supposed to be in these border stations for more than 72 hours. this little boy was there over four days. >> might there be any sort of legal consequence here? >> well, i mean, in any child case, a child death case, we do have ngos who start to look at things. aclu would look at it. we don't have a legal challenge yet. there are a number of investigations. one of the things i asked the officials today is could this be a case of medical malpractice? they didn't want to answer that. they said they're being investigated internally and by the inspector general. a key medical decision is why this little boy was discharged from the hospital after he had a 103 degree fever. it was already clear at that point this was more than a cold. and then why did customs and border protection make the decision to take him to a highway check point after he left the hospital? we know he returned to the hospital later after losing consciousness and was not able

to be revived. all right. julia ainsley working the story. thank you. keep us posted. abbie and doug and matt are back with us. the commissioner of customs and border protection now calling on congress to help with this as growing humanitarian crisis at the border. >> our stations are not built for that group that's crossing today. they were built 30, 40 years ago for single adult males. and we need a different approach. we need help from congress. we need to budget for medical care and health care, for children in our facilities. >> abbie, can congress help the situation and if so, what can they do? >> well, you know, i am not totally well versed on this front. what i can tell you is even though -- this is going to weigh on congress in this way. and it should on the president. we just got through with the

midterms. republicans were -- the female vote turned against the republicans in a big way. down in texas, women from all racial backgrounds have looked at this and said this is not accept rlable for our government. when you have two children who have died in custody, i think amid -- we are in a shutdown, but i don't sense urgency of congress, at least the house coming back before january third. this is a pressing issue that doesn't seem to be letting up. we've been talking about this for six months. it doesn't seem to be getting better. >> a commissioner confirmed two migrant children have died in u.s. custody. take a listen to kiersten nielsen saying she didn't know the exact number of deaths. this is secretary nielsen during her testimony last week. >> did i understand you correctly to say that as you sit here today, you do not know how many human beings have died while in the custody of the department that you lead? and you in preparation for

today's hearing, you didn't ascertain that number? i don't have an exact figure for you. >> do you have a rough idea? >> sir, what i can -- >> i'm talking about people who have died in your custody. you don't have the number? >> i will get back to you with the number. >> okay. >> matt, how can that be? >> well, first of all, let me say this. death is horrific. one is one too many. but speaking back on the political realities of this, this is a textbook example of what you're going to see from a democratic house majority in terms of oversight. frankly it's going to make the trump administration's life not that pleasant over the next couple years. there's going to be subpoenas galore. members of congress have talked about this. and i think what we've seen the first two years of the trump administration is going to prove to be easier than the last two years of the trump administration. again, not only will you have pelosi at the other end of pennsylvania avenue ready to possibly investigate and maybe even impeach the president.

president trump's had a hard time filling vacancies in the cabinet and staff. he's going to be running for reelection and sharing the oxygen in terms of press and attention with democrats running against him in open primary states. again, i think this is a textbook example of the oversight from a democratic house majority that could be coming his way. >> congressman cummings of maryland, chair of one of the overnight committees that matt mentioned has indicated there will likely be hearings come january that involve what we are doing or not doing along the border that might be leading to young children to die. what's this solution here? do democrats have a solid immigration solution? >> well, what happened to those two young children is a tragedy, and my thoughts and prayers go to their family. i think secretary nielsen, it's totally unacceptable that she's going to go before congress and not be able to say how many children have died down there.

total incompetence, and i don't even know why she continues to hold that position. hopefully there is oversight of this -- of cbp, of what's going on down by the border. i think you're going to see new chairman like elijah cummings and others looking at this issue. hopefully the senate under republican rule does the same. i think that's the first step. democrats have talked about different ways to both provide border security but doing it in a humane way. i think both are possible. under this president the lives of these individuals, these migrants, it seems to -- he doesn't sort of put a premium on it. and i think that's unfortunate. i think everyone should be really upset about what happened down there with these two kids, and should be calling and demanding answers about what happened so it doesn't happen again. >> abbie, what's the general feeling in texas with regard to these two young children who

died while in custody? >> i mean, i would think most people in texas are not happy about this. the one thing i can say is that we are in the middle of the holidays. and we have had just a crazy news cycle. i wonder given the stock markets, mattis, how much this is breaking through both in texas and beyond. but i do think that we will see this revisited by democrats when they take control of the house. >> you think it's gotten lost in the noise in. >> i think a lot of things have gotten lost in the noise in the last week. >> truer words have probably not been spoken. abbie, thank you. matt, good to have you. doug, always a pleasure. thank you. this just in, by the way. a new report says russia is ready to deploy a new hyper sonic nuclear missile. this just coming in. we'll break it down for you right after this. hello mom. amanda's mom's appointment just got rescheduled - for today.

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this just in from moscow. president putin says russia is now ready to deploy a new hyper sonic nuclear missile as soon as next year. this is all according to routers. this is new video from the russian government. it appears to show officials test firing that new weapon today. putin said in part, quote, this test which is just finished ended with complete success from next year, 2019 russia's armed forces will get the new

intercontinental strategic system. it's a big moment in the life of the armed forces and in the life of the country. russia has obtained a new type of strategic weapon. all of this coming as the u.s. prepares to come out of the intermediate nuclear forces treaty with russia. nbc news foreign correspondent lucy is in london with more on the significance of this new weapon. what can you tell us? >> i would take this news with a giant grain of salt. the russians have been trying to develop a hyper sonic weapons system for a while now. folks at the pentagon have been concerned and also skeptical about their ability to do so successfully. if you remember in march, putin had a big press conference where he inveiled a host of different weapons. including this weapons system. it's an intercontinental range missile which the russians claim -- and we have no way of

verifying this -- travels at five or 20 times the speed of sound. they say it can withstand temperatures that are high. there's no missile defense system for something flying at hyper sonic speeds. they say they carried out a test of this thing today. the russians say this glider missile was launched from a military base in the mountains in fact supposedly it successfully hit a target nearly 4,000 miles away. russian television showed footage of something being launched. they showed video of putin watching things from a control room. the russian president claiming the launch was a success. he says the -- it's just not something we can verify. the threat of this kind of missile is that you can't really defend against it. it is an escalation of tensions

by russia. it's an escalation that we've seen for some time now in a variety of spaces. there was the brazen russian attack on ships. some say it was putin's way of testing nato to see how the alliance will respond. i think the russian leader is looking to see how the trump administration responds to this latest escalation. they have wanted to develop this weapon system for a while. questions about their ability to do so, whether they did what they say they did, we don't know. the only thing we can say with certainty is this is an escalation in tensions. >> all right. lucy there for us from london. lucy, thank you. foreign policy contributor evelyn farkus joins me here on this wednesday. lucy's correct in making sure we all understand that this is from russia. we haven't been able to independently verify this.

your reaction in general to these reports that russia has managed to create some sort of new weapon? >> my reaction is similar to lucy's in terms of the defense implications and maybe the veracity of this report. it's only coming out of moscow. in march putin said he was deploying, developing and then deploying a host of new weapons. this one is significant. if they were able to truly test and successfully come up with an intercontinental missile that flies at five times the speed of sound, basically that missile would be more maneuverable and harder to track. in that respect putin is right. we don't know whether he succeeded and we don't know whether they would be capable of fielding if they succeeded in a year. we also have to step back and realize the united states also developing this kind of missile capability and so are the chinese. it's not -- the reason i find it

disturbing is not necessarily that in and of itself maybe the russians did make some advances. it's the signaling. it's exactly what lucy said. the russian president is testing our president. he's testing our alliances. and by the way, not just our european alliances. there's a lot of focus these days on nato. right know so. we can talk about nato and how our president is attacking it all the time and putin would like him to continue to attack and what the russians have done in terms of taking out an assault on ukraine. taking the sailors hostage. they still haven't returned them along with the ships. there are russian troops along the ukrainian border. also japan. the russians have threatened japan by saying we can't come to a peace agreement with you because you have u.s. troops on your territory. and any of these tests that happen also have implications in the asian arena militarily. so i think putin is testing the international community, and right now the international

community is falling really short. >> all of this happening as the secretary of defense james mattis was informed just a few days ago he's going to be leaving earlier than a number of folks expected. shanahan taking over the dod. the transition at the pentagon, how is it being received inside the halls of pentagon? >> i think it's mixed. on the one hand the people who made the international policy, they frankly speaking, felt that the secretary of defense and his team relied a lot on the uniformed personnel. and they would have preferred to have civilian personnel who are experts also weighing in with the secretary. i've heard that the rank and file, there's a little bit of well, let's see, but by and large, i would say the men and women in the armed forces, of course they are doing the nation's work. but there has to be some

concern. secretary mattis, general mattis was a very highly respected individual, and very well known among the troops. he's not one of the secretaries where the troops don't know who their secretary of defense is. they knew who he was. shanahan is not a known quantity at all to the rank and file. >> a boeing executive. >> a boeing executive. i'm sure he does a great job managing but the job of secretary of defense is a different one. that's the one that's outward facing to the world, and then also i think rallying the troops, frankly. and he hasn't done either of those things in his current g capacity. >> before mattis left, he sends this holiday letter to the troops. in his letter he wrote in part, storm clouds loom, yet because of you, your fellow citizens live safe at home. first, the president's decision to pull troops out of syria. it leaves a vacuum there. the president's decision to pull

troops out of afghanistan as well. it leaves a vacuum there. how is all of this appearing to our allies? >> highly -- in a highly dist b disturbing fashion. the winners are the autocrats and our enemies. in syria who is win? iran. baa very al asaad, russia. who's losing? iraq, and isis is still a presence in iraq and syria where we're leaving from. who else is losing? israel. because they have without us there to help them balance the situation and exert a little bit of pressure on russia and others, the israelis now last night conducted another attack into syria trying to reduce the threat from hezbollah and the iranians to them. who else? jordan. we're their ally. saudi arabia is not a winner. they claim to be helping but i doubt it. the winners are the bad guys in syria. at the end of the day, the

vacuum will be filled by the autocrats, but they won't be able to solve the conflict because of the terrorism problem and because their interests are not 100% aligned. >> to those who would say as rand paul did over the weekend on one of sunday shows that there's a case to be made for our soldiers and servicemen and women coming home from some of these wars where we have been there seemingly now for 15, 20 years? >> yes. in both iraq and afghanistan, i would agree. we have to come home at some point. the sooner the better. you don't just withdraw your forces without consultanting with your allies. without consulting with the people fighting with you on the ground, and here i'm talking about the kurds in the region where we're stationed and the french, by the way. we have french allies also on the ground in syria. so you don't do it unilaterally, and you don't do it as -- when it's not part of an overall

diplomatic strategy. use the tools you have to basically give strength to your diplomats at the negotiating table. if we want to prevail, we have to be able to sit down across from vladimir putin and the iranians and say look, we control one-third of the territory. what are you going to do to make sure that you can help the population and let people come back and protect them? you make these kinds of deals with the leverage you have. we're giving up leverage for nothing. >> fascinating conversation. thank you so much. >> thank you. coming up, sources are telling nbc news that robert mueller is nearing the end of his historic investigation into russian election interference and other things. new details on those loose ends that the special counsel is reportedly tieing up before submitting that report. the day after chemo shouldn't mean going back to

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and discoveries to help save kids with cancer everywhere. would you like a finger sandwich? of course whose fingers? give thanks for the healthy kids in your life, and give to those who are not. donate now at stjude.org or shop wherever you see the st. jude logo. special counsel robert mueller's investigation may be entering the homestretch as we make a turn to 2019. the key month is march. that is when we expect wo two big court proceedings inning washington. former trump campaign paul manafort's sentencing hearing

for bank and tax fraud convictions and then a status hearing for michael flynn one week later in march, but the government officials are telling nbc news that the action in court could come after mr. mu l mueller submits a confidential report to the justice department in february. doug burns is is a fo s is is a pros prosecutor, and he is in private practice now, and let's start with the big picture, that robert mueller's counsel is tying up loose ends. >> i remember when it came out, and we will jit and with legitimacy that they are wrapping it up, what that means. with me, the crystal ball is that the release of the report is after the two court proceedings, but again, i don't have a crystal ball. >> not before but after? >> that is my take on it. >> in terms of the cop fi den

shall report submitted to the justice department, is there any scenario in which the public won't get an opportunity to find out the details of that report? >> that is the key question, so let me break it down so that people understand the process and i, myself, had to go through a couple of things to look at it. the report goes to the new acting attorney matt whittaker and prior to that it would have be rose enstein, because sessions recused himself, but now, whitaker, and first footnote, if bill barr is confirmed, then it goes to him. and the statutes say that he does not have to make it public, however, i would find it very, very unlikely not to be released to alt least the senate and the congress committee, and then a big dust-up with the media leaking and what with that, but i think first to the congress

and then the public. >> we showed the key dates, and focus on michael flynn with the sentencing hearing which is surprising for a lot of folks who don't have experience with a district court judge. and he said, could cooperate more, and what pressure did that put on general flynn and the team? >> that is surprising having been through hundreds and hundreds of cases over the years as a prosecutor and defense attorney, because the range was zero the six months and he had received a 5k cooperation letter which means that the judge can give you less which is zero to six, but then the bomb of the judge emmett sullivan saying that i want to see the documents how it went down, and i'm smiling, because everybody mischaracterized that he is going to blow up the play, and it turned out to be opposite, because when in the general got into the conduct, the judge started to lam baste him that he said how horrible he was.

and so then to your point he did say, and he telegraphed, i am going to give you time and i suggest that you take the adjournment which of course he did and cooperate more. and what more might he do? i don't know, because 19 meetings from the standpoint of experience is a lot. i have never been in a cooperation situation of 19. i have been in some with 10. >> and former federal prosecutor doug burns, thank you for that. >> my pleasure. that. >> my pleasure. and... adjourned. business loans for eligible card members up to fifty thousand dollars, decided in as little as 60 seconds. the powerful backing of american express. don't do business without it.

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before we go, something te make you smile here. kansas city royals' pitching prospect brady singer repaid his parents by paying off their loans and absolving their debt, and look at the parents as they get choked up reading their s son's letter. >> i am paying off the loan at the bank and also paid off all your debt as well. what. and now, instead of trying to save money every week that you drained so i could pay baseball, you can spend it on yourselves. because you deserve the very best, i want you both to know how much i appreciate you and how none of this would be possible without your giving hearts that helped to shape my tiny dream into a reality, and i love you both and everything that you have done. and now, let e's celebrate

christmas. and singer making all sonnings feel bad. and he tweeted, that very special to my heart to give back to the two people who have given up everything to support my brother and i, and i can't thank them enough. love you mom and dad. that is going to wrap up this hour of "msnbc live" and i will see you tomorrow on "today." and standing by -- >> that is going to make my gift card to starbucks feel pretty bad. >> i felt pretty bad, too. >> we are in the same boat. tough to beat that one. okay. good morning, everyone. we have a lot of news to kovrp wi cover, everyone. no end in sight. the president is digging in his heels and saying no wall, no deal. >> i can't tell you when the government going to be open. but i will tell you that it is not going to be open until we have a wall, a fence, whatever they'd like to call it. >> market mainia, and the mar t markets are back open and rebounding after the dow suffers the worst christmas eve ever, and the president who says that the fed is the problem is

playing the blame game. >> raising the interest rate torates too fast, but that is my opinion. i have confidence and it will straighten straighten. >> the death of an 8-year-old boy is forcing the government to change the way they deal with these cases. it is the second death of a child in cases. we are into the 108 hours of the government shutdown to be exact, and no sign it will reopen today. today is the first regular business day to bim pacted by the shutdown. and 800,000 workers are affected. half are staying home and half are working without knowing when they will be paid. i have a great team to help me to break it down. first, i want to dig into the prospects of ending this fight and if president's demands for billions of dollars to fund a wall on the border, even though the senate is back tomorrow, a