And three, he wouldnt talk about any cases that might come before the court. So i asked him what are we supposed to look to, how are we supposed to divine what his judicial philosophy would be . What would he bring to the Supreme Court . Are we to look at his judicial record . Are we to look at his writings . In looking at his judicial record i see a pattern that shows he would fall very much in line with the Roberts Court and their move inextricably to protect corporate interests over individuals. If folks back home could sit in that hearing room with you, what would they say . They would very much want to be reassured that when gorsuch told me when he met with me that the federal judiciary and the judges are there to protect minority rights, i think they would want me to make sure thats in fact what his decisions reflect. And i do not find that his decisions reflect that. In fact, he did im sorry. I was going to ask what happens go ahead, brian. How do you process Merrick Garland in all this . Certainly a qualified jurist, someone the republican leader Mitch Mcconnell said just flatly would not be considered. What do you do about that . I think that was a very dark moment in how congress approaches these vacancies. I totally disagree with Mitch Mcconnell, of course. In fact, some of the people who came out and testified for judge gorsuch said that judge garland was a fantastic jurist and he would have made a wonderful Supreme Court justice. Sadly, that didnt happen, but we are giving judge gorsuch the hearing that judge garland never received from the republicans. So assuming you are a no vote along with most if not all of your fellow democrats brian, im not there yet. We still have two more days of hearings. I would like to get some straight answers to the question that i have that have to do with where is he on reproductive rights, a womans right to choose. Id like to get into some Voting Rights issues, union issues. I still have a number of questions that i have for him. Well, thats an interesting point. Is in anything he could say to move you from probable no to perhaps yes . Stay tuned, brian. Senator of hawaii, thank you very much, senator, for being with us. Aloha. Thanks to the senator for joining us right after her questioning session tonight. Coming up after our next break, exactly what it was we witnessed today and how it could influence american law and life for the next half century or more when the 11th hour continues. Got a minute . Not for me, for you. New aveeno®. Positively radiant® 60 second in shower facial. Works with steam to reveal. Glowing skin in just one minute. Aveeno® naturally beautiful results® had you ever met President Trump personally . Not until my interview. In that interview did he ever ask you to overrule roe v. Wade . No. What would you have done if he asked . Senator, i would have walked out the door. The socalled President Trump litmus test. Then candidate trump said he would pick a Supreme Court nominee that would overturn roe versus wade. One of the most contentious questions came from senator al franken of minnesota late in the day. They were talking about a case about a man who was fired for leaving his broken down tractortrailer on the side of the road in sub zero temperatures after waiting for help for hours with no working heat. It is absurd to say this company is in its rights to fire him because he made the choice of possibly dying from freezing to death or causing other people to die possibly by driving an unsafe vehicle. Thats absurd. Now, i had a career in identifying absurdity. [ laughter ] and i know it when i see it, and it makes me, you know it makes me question your judgment. Now, in what amounts to a public radio takeover over our unabashedly commercial cable newscast tonight, we are happy to welcome back nprs correspondent nina totenberg. Charlie sykes remains with us here in new york. Nina, i know how tired you are. You were on as many hours as we were today. Having said that, what one thing did you learn about this nominee that you didnt know about him or his jurisprudence coming into today . Even though judge gorsuch tried studiously not to commit himself to anything or stay away from any hints, i really thought by his choice of what he would answer and what he didnt answer and the way he answered things that the indications that he is in fact far more conservative than i had thought. Now, i have been known to be wrong, and this could be one of those, oh, very rare occasions, but it really did sound that way to me. And i was sitting with a couple of other Supreme Court observer types who had sort of the same impression. Now, is there anything specifically that led you to that, because you and i talked around the midday mark about whether or not he was an ideologue, about someone like him changing over time with the court . I dont know about changing, and im loathe to call somebody an ideologue just because hes a conservative, but i would put him on the fairly far right of this court, and this is already a quite conservative court. Just to give you an example, he was asked about his views on whether theres a right of privacy. He said, yes, i do think theres a right of privacy. Now in every past hearing where that has come up that is followed by a discussion of reproductive rights and how far they go. Instead what he said he meant by right of privacy and these were the subjects he chose were the right to be free from warrantless arch and seizure, the fourth amendment, the right to worship privately, and the right im feeling like governor perry. I just lost the third one. Its been a long day, but none of them had anything to do the department of commerce. And none of them had anything to do with the right of privacy in any sphere of sexuality or Birth Control or abortion that matter. Nina, at 11 41 east coast time, everything is forgiven. Charlie sykes, what about the democrats . Theyre asking what about our guy Merrick Garland. Theyre watching republicans paint this as a one for one swap for scalia, and what about the government argument that no one should be seated as appointed by the administration under investigation. Chuck schumer said the hearing should be suspended until the Russian Investigation. I think the Russian Investigation goes ahead. Thats ridiculous. Look judge gorsuch put in a very, very impressive performance and yesterday. If what we saw is what the best the democrats have, i think they need to go back and say, do we want to fight on this mountain . Are we going to go all the way . Are we going to force the republicans to invoke the Nuclear Option . Because i had a very different reaction to his testimony today. Judge gorsuch is not an ideologue. He is a judge, and i think his reputation among liberals and conservatives is someone of incredible integrity that shows judicial restraint. Theyre not all from the same, you know, mold. I do think that his skepticism about executive power, his willingness to break with some of those orthodoxies, ought to give some people on the democrats pause. Because if he goes down, what makes them think the next guy up is not going to be much, much, much worse . Nina, it was interesting to hear what people were saying about him during the day. One person said no one person says gosh that many times in a lifetime. One person said every line he delivered sounded like he was recording them for an audio book. He does get credit for going there for President Trumps attack on federal judges. Especially when you consider that sean spicer then tweeted that he didnt say anything about trump, that he was only speaking broadly. I agree with charlie. I think this was a first rate performance. I think the nominee sounded very practiced, and ive seen more charming people in front of the Judiciary Committee up for the Supreme Court, and ive seen less charming people, but he was a very able witness. You know, you have something in television called i cant even remember that, but its basically the likability scale. Q score, i think. Yes, the q score. I dont know where he felt his q score was, but he did very well as a witness. And god, can you imagine being up there for 11plus hours . They give you a half an hour for lunch and about every three hours they let you go to the undescribed room that Everybody Knows youre going to. Senator grassley makes very clear that youre going to. It is an endurance test. Hell be back at it tomorrow. Im not sure it will be as long tomorrow as it was today, but im sure it will be at least eight hours. I saw him at one point this evening pop a pill. I assume it was a tylenol or Something Like that to get through the last two hours of his testimony. That doesnt account for you and me getting over the finish line tonight. Nina totenberg who we spoke to 12 hours ago, thank you for staying up late with us. Charlie sykes, thank you as always for visiting us in new york and staying up late with us. Another break for us. Coming up, the stock market has been on a bull run straight up through the Trump Presidency until today. Well look at what might have caused this stumble when the 11th hour chooses to continue tonight. Its spring, and we cant wait to open our sheds and get working on our yards. Scotts and miraclegro are here to help. We make it easy to grow thick, healthy lawns, spectacular plants, and bountiful flowers. Because when spring starts right, the months that follow stay perfect. Load up your shed with scotts and miraclegro. Its time to get outside. This afternoon the stock market has been off as much as 200 points on the dow. Some commentators on wall street are suggesting thats because traders are starting to sense a lack of progress in the trump agenda. Does the president believe that todays dip in the dow is a result of his performance as president of the United States . Well, i think to look at any one day is nothing that weve ever weve always cautioned. I think overall it trends to be up tremendously. You probably know better than anybody in terms of what you guys cover that you cant look at one indices and say that is the benchmark of an entire economy. Sean spicer there being asked about the markets in todays briefing because of these numbers. Dow jones closing at 20668. What do we make of this now . Joining us is our own stephanie rule who before joining msnbc covered business at bloomberg, before that was a veteran of the banking world. Okay, stephanie, whats going on . When you hear sean spicer say, well, you know you cant look at one number, you also cant talk out of your both sides of your mouth. This is a story about creditability and promises. The market has gone up 13 since President Trump won the election, and it is based on promises. Those probusiness policies, the fact that he wants to deregulate, the big infrastructure spend, and cut taxes. That has the market super charged and moving forward, but think about the last 24 hours. President trump is still doubling down, sticking to his guns on the wiretap claims. When you saw james comey yesterday say that is not the case, President Trump is saying russia continues to be a ruse and weve watched that tale be woven yesterday. To hear sean spicer yesterday say Paul Manafort limited role, not really involved in the game, the market remembers. The market needs to believe the person whos made these promises is someone who can fulfill them, but today the reason we really saw the market go down almost 250 points is about health care reform. The fact that the president was up there today speaking to Republican Leadership selling, selling that bill and the message really being you better vote with me or youre not going to get elected in 2018, were not seeing specific policies, so the market is starting to say if this guy cant deliver on thursday, then what were waiting for which are taxes, infrastructure, deregulation, why would we believe thats to come. So were seeing confidence start to pull back. So no pun intended, it really is in part a value judgment about a guy who cant pull back what he said on twitter, cant say he was wrong, cant say it was ill considered, and all the other pieces you just detailed. There is no god to the market. For the markets, its all about provability. Does the market care when Rex Tillerson says im not really a media guy . The market doesnt care about that. The market is saying what is the likelihood that President Trump is going to be able to fulfill the promises that matter to us. And the more were seeing the president double down on things that dont matter or dont make sense like the wiretapping or health care, its unclear if that thing is going to make its way through. Then the market is suddenly saying promises. Maybe we have gone too far. I realize youre not white house chief of staff, stephanie. What happens if they decide to somehow use a parliamentary maneuver, take a test vote, push it off to friday. What happens if this goes down . This is such a centerpiece. Repeal and replace is something we all repeat in our sleep. From the markets perspective, its not about how the market feels about health care reform. Its about is this a president who ran on art of the deal, im the guy who gets things done. Its not to say the market couldnt use a little bit of a pullback. Weve seen things really frothy. Some might look at this as a buying opportunity. Whether it is thursday, whether it gets pushed off a week or so, the question is will it get done. It is not make or break for the market on thursday. But it is make or break for is this a guy that is going to get things down. Health care is important to the market. It has investors saying why was replace and repeal the first thing you did when taxes or infrastructure could have been more reasonable, but this is the hand theyre dealt. Your old colleagues in the Investment Banking world, the men and women who populate wall street and the rest of new york, like to see familiar faces on the president s team. Are there enough . Do they see confidence there . You know, its not about new york or wall street saying, wow, filled with Goldman Sachs again. That was as surprising to wall street as anyone. No one from the industry would have predicted just a couple years ago Goldman Sachs was considered the vampire squid. Wall street persona non grata in the house of elizabeth warren. No one would have predicted this, but when they look at the white house, nobody can predict whats going to come. Is it the house of jared and ivanka or steve bannon and Reince Priebus . Investors arent getting into that vortex of what goes down in the white house. They want a clear road and they want to be able to move ahead and they love the idea of less regulation. They love the idea of tax reform. The question is are they going to get it. From our Washington Bureau tonight inexplicably with more energy than any of us, stephanie rule. She is back on the area tomorrow morning at 9 00 a. M. Eastern time with live coverage of day three of the Supreme Court hearings. Another break for us. Coming up, a part of American History not seen until today when the 11th hour continues. If youve got a life, you gotta swiffer last thing before we go here tonight, paging michael. What experts are calling the first ever color film of the white house. Its existence unknown until now. This dates back to the Hoover Administration before the days of fdr. First lady lou hoovers home videos were thought to be recorded in black and white, but turns out they were shot on primitive color film. After a fire on christmas eve, which gutted much of the west wing. Herbert hoover can be seen wearing a tan and brown v neck playing a game created by the president s physician involving a sixpound medicine ball along with assorted Family Friends and cabinet members. This is what passed for physical fitness for the 27th president , and he played it every day rain or shine. Among the video released today in honor of what would have been first lady lou hoovers 143rd birthday, film of the 1930 easter festivities on the white house lawn along the white house garden at that time back in the salad days before kale became a thing. That is our broadcast for tonight. Thank you for being here with us. Good night from all of us from new york. Tonight on all in they wanted to hurt our democracy, hurt her, help him. A cloud around the white house gets thicker. Theres been discussion of Paul Manafort who played a very limited role. New reports of Money Laundering and Donald Trumps campaign manager. Paul manafort has done an amazing job. Tonight, what were learning about Paul Manafort as democrats call for him to testify. Thats what he said, i thats what i thats obviously what our position is. Plus, 2016 flashback, what we now know about how the fbi helped tip the election to trump. Experts are now saying that they are the russians are releasing these emails for the purpose of actually helping donald trump. Then, two days from the trumpcare vote we had a great meeting and i think were going to get a winner vote. As the president starts
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