the smiths have been so far. >> my name is peter smith. ten years ago there was a dragnet collection of call records which revealed detailed information about anna. how do we know whether those records were ever seized or searched? john: that was the appeals court judge asking you questions in your 2nd appearance and you await the decision. >> that is exactly right. we know that they are collecting the data. a subscriber on verizon wireless. >> i did because it is easy for me to talk to my client. john: you had a condition. >> i did. when the edward snowden case came to light i mentioned to my husband, i did not think that it was right that the government was able to collect my telephone data when i had not done anything wrong. i mentioned it, and later on that night, i am a nurse in the neonatal intensive care. about one am he sent me a text message saying, would you be willing to be the plaintiff in the case suing the president? and i said sure, as long as i don't have to do any interviews, and here i am. john: in the satire he tried to

the smiths have been so far. >> my name is peter smith. ten years ago there was a dragnet collection of call records which revealed detail information about anna. how do we know whether those records were ever seized or searched? john: that was the appeals court judge asking you questions in your 2nd appearance and you await the decision. >> that is exactly right. we know that they are collecting the data. a subscriber on verizon wireless. >> i did because it is easy for me to talk to my client. john: you had a condition. >> i did. when the edward snowden case came to light i mentioned to my husband, i did not think that it was right that the government was able to collect my telephone data when i had not done anything wrong. i mentioned it, and later on that night, i am a nurse in the neonatal intensive care. about one am he sent me a text message saying, would you be willing to be the plaintiff in the case suing the president? and i said sure, as long as i don't have to do any interviews, and here i am. john: in the satire he tried to re

for more on this i‘m joined by our assistant political editor, norman smith, who‘s in westminsterfor us. peter mandelson said everyday he tries to do something to rescue the labour leadership from jeremy corbyn. to some people he will be telling the truth and to others that he‘s just arrogant. telling the truth and to others that he'sjust arrogant. there is no love lost between people who support jeremy corbyn and those who supported tony blair, they loathe each other. peter mandelson has the freedom to make such comments public, though, saying that the labour party is on life support and they can only get out of a&e when they can only get out of a&e when thejeremy they can only get out of a&e when the jeremy corbyn they can only get out of a&e when thejeremy corbyn is removed and he

for more on this i‘m joined by our assistant political editor, norman smith, who‘s in westminsterfor us. peter mandelson said everyday he tries to do something to rescue the labour leadership from jeremy corbyn. to some people he will be telling the truth and to others that he‘s just arrogant. telling the truth and to others that he'sjust arrogant. there is no love lost between people who support jeremy corbyn and those who supported tony blair, they loathe each other. peter mandelson has the freedom to make such comments public, though, saying that the labour party is on life support and they can only get out of a&e when they can only get out of a&e when thejeremy they can only get out of a&e when the jeremy corbyn they can only get out of a&e when thejeremy corbyn is removed and he has a duty to work every day to removejeremy corbyn. the has a duty to work every day to remove jeremy corbyn. the freeness with which she feels it is ok to say that undermines the sense of despair amongst the old blairite wing of the party about what they believe has happened to labour underjeremy cor

peter, thank you very much. melissa: here for reaction, we have barbara smith, an attorney and former u.s. supreme court clerk. thanks for joining us. what do you make of what you just heard? what is really going on here as we try to decode it? >> sure. it is not unusual for a single judge on the ninth circuit call for rehearing en banc, what happened in this case. both parties will file briefs on thursday explaining whether or not they believe the case should be heard en banc, active judges on court, 29, will vote whether or not to rehear the case. if majority votes yes, a panel of 11 judges will rehear the case. melissa: wow, we have a long way to go? we don't know for sure this will happen at this point? >> keep in mind the questions, en banc court would be answering is simply whether to stay issuance of the tro pending appeal. it is not even the merits of the case. melissa: wow, a lot of effort in order to just, you know rule on the stay. what you do think is the best course of action if you were advising th

for it. >>> 49ers not donewithaldon smith just yet. the former linebacker is reinstated by the nfl.oping to the niners are suing smith for $341,000. that's in signing bonus money that dates back to 2014. smith was us pended for violating the league's substance abuse policies. the niners want their money back. >>> to the ice the sharks came back. patrk marleau closing in on a career milestone and hertl just thrilled to be back. marleau only two goals away from 500. we pick it up in the first period and there's no score. logan couture with a slapshot. marleau gets the rebound and scored number 499. not so fast. waved off. mikkel boedker far side of the ice off side. undeterred marleau anoer chance on the power play. and this one counsel. number 499, 4-1. thomas hertl. 3-1 sharks. marleau one goal away from 500. >>> warriors could be without two starters tomorrow night against charlotte. steph curry and zaza pachulia both questionable. steph with a stomach bug. zaza injured his right shoulder sunday night in portland diving for a loose ba

for it. >>> 49ers not donewithaldon smith just yet. the former linebacker is currently waiting and hoping to be reinstated by the nfl. the niners are suing smith for $341,000. that's in signing bonus money that dates back to 2014. smith was us pended for violating the league's substance abuse policies. the niners want their money back. >>> to the ice the sharks came back. patrick marleau closing in on a career milestone and hertl just thrilled to be back. marleau only two goals away from 500. we pick it up in the first period and there's no score. logan couture with a slapshot. marleau gets the rebound and scored number 499. not so fast. waved off. mikkel boedker far side of the ice off side. undeterred marleau another chance on the power play. and this one counsel. number 499, 4-1. thomas hertl. 3-1 sharks. marleau one goal away from 500. >>> warriors could be without two starters tomorrow night against charlotte. steph curry and zaza pachulia both questionable. steph with a stomach bug. zaza injured his right shoulder sunday night in

the niners are not quite finished with aldon smith. their former linebacker currently waiting and hoping to be reinstated by the nfl. the niners are suing smith for $341,000 in signing bonus money that goes back to 2014. smith was suspended for violating the league substance abuse policy and the niners want their money back. continuing on the countdown to super bowl li on sunday. look at the quarterbacks, matt ryan and tom brady good friends. often text each other although i'm guessing that's probably not happen thing week. ryan will be playing in his first super bowl. this will be amazingly, this is number 7 for tom brady who is 4-2 in the big game. >> you know, the losses in this game are tough. you're going to live with those for the rest of your life and those will be games if you lose, those are regrets. when you win, there is no regrets. >> tom had a great career, that's for sure. he's been so consistent for so long it's impressive. this is about one game, our team and their team and what we'll do sunday. >> to the ice tonight, s

peter, lay out how bad this problem is. we've heard fred smith talk about it at fedex, how the tires are lasting less than half the time they used to 20 years ago because the roads have gotten so bad. how much do we need something like an infrastructure spend? >> well t clearly would be beneficial, although i think we need to be careful about targeting where we need help. for example, you mentioned road quality. actually, evidence suggests that the share of our road surface that is rated good or better has increased from a third to a half over the past couple decades. it's not where it should be, but there has been improvement. i think the issue is not whether there's needed infrastructure investment. the question is how to do it and how to make sure it's effective and efficient. >> let's start first with where it's needed. if it's not the roads, where do we need it? >> in airports, commercial rail, and then the question becomes how broad the definition of infrastructure one is employing. so broadband, et cetera. again, cle

peter navarro who is his special trade adviser gave an interview to "the financial times" not long ago where he said we're going to bring those supply chains back to the united states. that is something that businesses are going to have difficulty with. and, you know, you guys were eluding to it before in the discussion of this coal regulatory move that the president was signing this afternoon. be clear what that move is. he was deregulating a -- or removing a regulation that was involved with protecting streams near coal mines. given what mike was just saying, the threat from natural gas and other global forces are what's behind the decline of coal. what is the cost of the gestures, the efforts that he is making to deliver for those blue collar voters in states like west virginia and ohio and pennsylvania who voted for him? the same is true on the issue of trade and supply chains. he said in that photo op companies used to take jobs over seas but we've stopped it. i'm not sure that american business thinks he's stopped it and we'll have to see how serious he is about those words. >> a