Transcripts For MSNBCW MSNBC Live 20170210 19:00:00

Katy tur picks things up. Im not sure that donald trump can speak fluent japanese. We have a team of reporters working on finding that out. We also have a team of reporters to break down Donald Trumps second bilateral meeting. That Press Conference that we justaw between donald trump and the Prime Minister of japan, shinzo abe. It has been a gruelling week for the new president. His major policy and major policy point, Executive Order struck down at least temporarily by the courts. That Press Conference we just saw touched on that. Lets get our viewers up to speed with the highlights and then well talk all about it on the other side. Im curious about yesterdays ruling in the ninth Circuit Court. Has it caused you to rethink your use of Executive Power and pow will you respond and will you sign new Executive Orders and perhaps a new travel ban . We are going to do whatever is necessary to keep our country safe. We had a decision which we think will be very successful with. It shouldnt have taken this much time because safety is primary reason, one of the reasons im standing here today. You said earlier this week and im quoting for you, you said i learned a lot in the last two weeks and terrorism is a far greater threat than the people of our country understand. But were going to take care of it. Based off of what you have learned and now knowing that your Executive Order is at least temporarily on hold, do you still feel as confident now as you have been at any point that you and the administration will be able to protect the homeland. We will have tremendous security for the people of the United States. We will be extreme vetting, which is a term that i developed early in my campaign. There are tremendous threats to our country. We will not allow that to happen. I can tell you that right now. As i said, we have a team of people to break this all down. Lets go over to Peter Alexander in the white house and was in that news conference. Peter, correct me if im wrong, we did hear donald trump say there is going to be some sort of new Security Measure in place by next week. Do we have any idea whatsoever what he could be talking about . We dont know exactly what that is. I think his word was that it will be put into place rapidly. Heres what we do know. We do know following the ninth Circuit Court of appeals decision, this ruling basically keeping the stay in place right now on his Executive Immigration order that senior officials at the white house tell me before and after that ruling they have been having conversations about their path forward that include continuing to pursue this case further. They tell me they believe they will be proven correct on the merits of the order itself but separately they say that they are working on potentially signing another immigration Executive Order Going Forward in their words so it can be put into place very soon. Thats one thing well watch right now. President trump today given this is a topic Many Americans have been focused on and given some of his past comments even last week on twitter he said basically if the court ruled against this that americans could never have the security that they deserve. He said he felt confident that americans would have the security they deserve and he basically said he had no doubt that he would prevail in Federal Court. Lets go over to pete williams, our nbc justice correspondent, who is in washington. Pete, what is the next step for President Trump and if he does go over and amend this Executive Order as peter just mentioned, is there a way to do so to get around the courts . There are a number of options. One is to go to the Supreme Court. There doesnt seem to be any rush to do that. Im not even sure thats going to happen today if they decide to do that at all. A second possibility would goo the full ninth Circuit Court of appeals. Doesnt seem to be much point in that. If they do pursue this in court as the president said, it would seem the logical thing would be the Supreme Court. They havent, as i understand it, made a decision to do that yet. The other problem here is no matter even if they were able to persuade the u. S. Supreme court to lift the stay and let the government enforce this order, theres another stay likely coming from the Federal Court here in alexandria, virginia, which heard argument on a preliminary injunction and lawsuit brought by virginia which makes virtually the same claims that the two states did that prevailed in the ninth circuit yesterday. One possible way to improve its legal standing would be to narrow the Executive Order. Ninth Circuit Court of appeals in its ruling last night seem to point the way of this saying one of the reasons the states have a good case is that the Executive Order effects green card holders No Matter What the white house said. Thats what the Executive Orders said and people who have visas are visiting here faculty, students, people who want to travel for hightech companies, fa families divided and said the Executive Order appeals to people overseas who want to come here from those seven countries for the first time, perhaps the Executive Order would have an easier time in court. I was reading the decision yesterday by the court and on page 27 or so there was the judges talked about the white houses defense. Said they didnt have a defense and they didnt think they needed to have a defense. They didnt have evidence, excuse me, and they didnt think they needed it. They said we disagree. The white house was basically arguing that donald trump as president , commander in chief, has the authority, No Matter What, to Institute Policies he believes are in the National Security interest. Is that what the decision was holding up or did the Decision Strike that down definitively . The decision rejected the claim that this wasnt reviewable. That it shouldnt be reviewed by a court and rooted that judgment in some very big cases, including the case in 2008 where george w. Bush said, look, i can hold a bosnian foreign resident at guantanamo, and they dont get to come into u. S. Courts. That was a very compelling argument. Talk about law and politics. Politically the notion that someone who is not an american who is in gitmo because they might have been a terrorist doesnt get to come use our courts and our benefits. It was politically appealing. The Supreme Court rejected that said even with National Security, theres access to the court. That reviewable thing is something that has not obviously been accepted by the ninth circuit or even other courts. For example, they did get a positive ruling thats been talked about less by District Court in boston but that also did review and take the case. It didnt dismiss it for lack of standing and didnt basically say this is such a differential item of National Security were not going to touch it at all. They lost that round but theres a lot of other strong arguments on their side when they get to the merits. I want to talk about Something Else that i saw not necessarily on the travel ban, but on Donald Trumps National Security adviser, Michael Flynn, who came in, sat down in the front row of that news conference. This is coming amid some serious allegations that hes facing. He flat out denied that he spoke to the Russian Ambassador to the United States about sanctions before donald trump was inaugurated. He denied it. Sean spicer denied it. Reince priebus denied it. Vp mike pence denied it. You see mike pence shaking hands with mike flynn a moment ago. Is this a big deal . Its a very big deal because we may have a case where as Andrea Mitchell said just recently, we saw russian behavior do something unusual. After we expelled russian diplomats, we shutdown two big russian facilities that were Weekend Homes but operations but president obama said intelligence activities were going on there. Russians didnt escalate. In the midst of that, we know that mike flynn made a series of phone calls and had exchanges and i suspect somewhere we have the transcripts of those calls because the Russian Ambassador is someone who would fall under the National Security agencys watch list. I think that will be interesting to find out whether the Signals Intelligence on that activity produces transcripts that eventually see the light of day. And the big thing was we dont know whether Mike Pence Lied to the American People or mike flynn lied to Vice President pence. Thats the key thing. The legal part of this is that people keep saying the logan act was never enforced. The logan act basically is a provision that says that if you are a u. S. Citizen, you cannot go negotiate private deals with Foreign Governments particularly ones with whom we have an antagonistic relationship. This looks like a Textbook Violation of the logan act. Politically though, how bad is this for this administration to have sean spicer, white house spokesman, Vp Mike Pence and Reince Priebus Chief Of Staff come out and say he never said it. He never discussed sanctions. Are they going to pay a price in congress . Are they going to pay a price in terms of trust with the American People . Its horrible for them obviously. The question of the price theyre going to pay is different. First of all, trump voters are prorussia as weve seen. They arent alarmed by this in the way you would normally expect. I think, if in fact, the problem goes back to flynn and not pence or staff, i can imagine them tossing them under the bus over this. The question of the transcripts which the New York Times reported do exist will put to the test his words. Was it a lie or not . Well know pretty quickly. The spies are always listening. We always have former governor of new mexico, bill richardson. You spent quite a bit of time in the white house, not this particular white house. I know its hard to talk about what goes on behind the scenes in this one. Tell me in your experience if a high level adviser or the nsa frankly said something that was incorrect and maybe told the vp something that was incorrect and convinced sean spicer, the press secretary, if he did that, what sort of consequences normally would there be in place if it was found out that that was not true . Well, there would be very severe consequences. I would think that the National Security adviser would have to resign. I think what were seeing here is a Foreign Policy, National Security policy, in total disarray. The travel ban, damage control, of course there will be a plan b. This relationship with japan, damage control, its a good summit. Its a very important u. S. japan relatiship that needs to be repaired and its on its way. But lurking on all of this is this mistake that the president made in taking the phone call from the taiwanese and putting aside the one china policy, which has been the cornerstone of American Foreign policy and now the chinese are wondering with abe is japan now the center of u. S. Policy in asia . You know, theres a Foreign Policy National Security Decision Making with the National Security adviser now with a soninlaw. Is he in charge of Foreign Policy. What about the Secretary Of State . The National Security adviser. General flynn. Whats his role . It shows that you cant make Foreign Policy by tweeting, by Executive Order, without sound preparation. What about the Secretary Of State . Rex tillerson. He seems to be a capable person. Is he involved in any of this . Im concerned. And dignitaries arrived, president obama wouldnt be at the door. It would be protocol in that white house that another individual would bring that foreign leader inside where they would meet the president in the oval office. Similarly today during the news conference, President Trump for the first ten minutes of shinzo abes comments was not wearing the translation headset. He wasnt wearing it. We reached out to the white house for more detail about that. He did appear to be engaged in the conversation. Its not entirely clear how much of it he understood. Tt was a big question that everybody had. Exactly. Pete williams, final word to you. Lets talk more about the ban. Just tell us what is next . Well, as i said before, the next option is going to the Supreme Court. I dont know that theyre going to do that. They dont seem to want to do it very quickly or possibly revising it. Pete williams, thank you very much. Our entire team, ton of people here to break this down for me. Thank you all. Next up, more on trumps National Security adviser Michael Flynn, who is in the hot seat right now. Did he actually break the law . The logan act you just heard steve mention. Well talk to ambassador to russia michael mcfall. He joins me next. Knowing where you stand. Its never been easier. Except when it comes to your retirement plan. But at fidelity, were making Retirement Planning clearer. And it all starts with getting your Fidelity Retirement score. In 60 seconds, youll know where you stand. And together, well help you make decisions for your plan. To keep you on track. Time to think of your future its your retirement. Know where you stand. Parts a and b and want more coverage, guess what . You could apply for a Medicare Supplement Insurance Plan whenever you want. No enrollment window. No waiting to apply. That means now may be a great time to shop for an aarp Medicare Supplement Insurance Plan, insured by unitedhealthcare insurance company. Medicare doesnt cover everything. And like all standardized Medicare Supplement Insurance Plans, these help cover some of what medicare doesnt pay. So dont wait. Call now to request your free decision guide. It could help you find the aarp Medicare Supplement plan that works for you. These types of plans have no networks, so you get to choose any doctor who accepts medicare patients. Rates are competitive, and theyre the only plans of theirind endorsed by aarp. Remember these planlet you apply all year round. So call today. Because nows the perfect time to learn more. Go long. A foreign diplomat. Lets parse it in different layers. Generally speaking in my View Americans should have the right and should not be illegal to talk to foreign diplomats. Thats the ambassadors job here in the United States of america. I just hosted him at stanford a couple months ago. That was my job when i was a u. S. Ambassador to talk to government and Civil Society people. So generally speaking, we shouldnt start to make that a problem. Thats my first point. Second, obviously u. S. Officials and u. S. Nongovernment officials and Oil Company Executives and former secretaries of state when they meet with russian officials probably are expressing different opinions about Obama Administration policy when i was in the government. They didnt agree with everything we did. Sometimes they said that publicly. I have no doubt that they expressed that privately. That should be okay as well. You should have a right to have a different opinion from your government. What you shouldnt do is undermine u. S. Policy in a direct way. Especially when youre a member of the transition team. We have a norm that says one president at a time, and i dont know the law. I dont want to speculate about the logan act, but the norm that we should have one president at a time and not undermine a sitting president should be respected and thats what troubles me about the reporting in the Washington Post today. Thats what could have happened. Michael flynn talked to the Russian Ambassador. I know president obama put sanctions on you and expelled a number of russians from this country in retaliation for Mettme Meddling into this election but Dont Worrybout it and be cool because when we get to the white house, things will change. I dont have any independent confirmation thats what he said. The story is impressive in its reporting, a. B, another thing we should note, President Putin did not react and did not respond as he usually does. That was most certainly my experience when i was in the government, was striking to me. I said that when he decided we wont expel those diplomats. Thats not how they responded, for instance, back in 2000 when the Bush Administration expelled a bunch of diplomats in the beginning of their administration. The russians responded in kind here he had a different response. Thats intriguing and different. Former u. S. Ambassador to russia michael mcfaul, thank you. And up next we discuss trumps stunning defeat in court over his travel ban and what happens next. Fun in art class. Come close, come close. I like that. [ all sounds come to a Crashing Halt ] ah. When your Pain Reliever stops working, your whole day stops. Awww. Try this. For minor arthritis pain, only aleve is fda approved to work for up to 12 straight hours with just one pill. Thank you. Come on everybody. Aleve. Live whole. Not part. Ahyou the law . Weve had some complaints of. Is that a fire . Theres your payoff, deputy. Git velveeta shells cheese. Theres gold in them thar shells. Hei dont want one thats haded a big wreck just say, show me cars with no accidents reported find the cars you want, avoid the ones you dont plus you get a free carfax® report with every listing i like it start your used car search at carfax. Com will your business be ready when groh presents itself . 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Flynn was doing that and denied it to Vice President elect pence and denied it to the American People, then those raise very serious questions about whether or not he was acting improperly potentially illegally in dealing with a Foreign Government at a time in which the sitting president was trying to send a very strong message to Vladimir Putin and the russians that what they did in our election goes right to the core of our democratic id identity as a nation. What do your colleagues have as far as responsibility . Are you hearing rumblings from them about this matter . At this moment, not yet. Its still new. On the fundamental question of the russians interfering with our elections, there is a uniform concern by members of congress that that is something that just cannot be brushed aside. We have to get right to the core of this issue. Anything that flynn did to give assurances to putin through the Russian Ambassador that there would be relief given from the obama sanctions immediately after the Trump Administration was sworn in would go right to the core of whether or not mr. Flynn is in fact qualified to be an adviser to a president of the United States on the most serious National Security issues, which our nation is confronted it. Senator, on the travel ban, the white house is looking at redrafting it according to nbc news reporting. What would it need to look like to get your approval . It would have to be constitutional. We operate in america under a rule of law, not a rule of men, not a rule of trump. These Executive Orders have to comply with constitutional protections. The Fifth Amendment Due Process protections. The 14th Amendment Due Process protections. These are not things that just can be casually dismissed by any president. Thats why these constraints are placed upon the books so that we have a system of checks and balances. They should just tear up this existing Executive Order. It is not going to ultimately be something that they cant implement. They should go back to the drawing table. Make sure that its not just a ban on muslims that goes right to the core of whether or not we are going to allow for the establishment of religious tests within our nation and try to craft something that is consistent with our National Security interests but simultaneously reflects our highest constitutional goals to give equal protection and due process to people who come under the laws of our nation. Senator, thank you so much for joining me on this busy friday. Guys out there, did you see this . Angry constituents grilling congressman Jason Chaffetz demanding he investigate President Trumps conflicts of interest and that is not all. Voters are upset about everything right now. The travel ban. The future of obamacare. So given that, can democrats seize on the backlash . Congressman joe crawly of new york joins me next. Evere plaque psoriasis. Be the you who shows up in that dress. Who hugs a friend. Who is done with treatments that dont give you clearer skin. Be the you who controls your psoriasis with stelara® just 4 doses a year after 2 starter doses. Stelara® may lower your ability to fight infections and may increase your risk of infections and cancer. Some serious infections require hospitalization. Before treatment, get tested for tuberculosis. Before starting stelara® tell your doctor if you think you have an infection or have symptoms such as fever, sweats, chills, muscle aches or cough. Always tell your doctor if you have any signs of infection, have had cancer, if you develop any new skin growths or if anyone in your house needs or has recently received a vaccine. 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Hambone sally 22 hut hut tiki barber running a barber shop . Surprising. Yes whats not surprising . How much money David Saved By switching to geico. Fifteen minutes could save you fifteen percent or more. Whos next . Movement and Founding Partner at the political consultantirm steinhouser strategy. Do you think thats whats going to happen when you get in front of a town hall . Are you worried . Its reminiscent of what we experienced in 09 during the debate of the Affordable Care act and ultimately what became obamacare. Tactics similar to the tea party and what other folks did back then. Its interesting to see my colleagues on the other side of the aisle going through that now. In many respects its fair play. The tables are turned. Voters are angry. They were angry back in 2016. They did not vote for the democrats. The republicans won in large numbers. What makes you think the democrats will be able to channel that to their advantage in 2018 . I would correct one thing on that. Yes, Hillary Clinton didnt win democrats didnt win the house or senate. We picked up six seats in the house. I agree this was not a stellar year for us by any means but there were positive signs. I do think that much of what were going to deal with is really the bombastic nature of this presidency and trump regime and olding our republican sideth aisle accountable. They are squeamish about this. Beyond Holding Donald trump accountable, what sort of solutions are the Democratic Party proposing to get voters to their side . One thing thats hurting americans right now is college affordability. Their ability to actually afford and to send the children to college. And really do that in a debt free way. Democrats have plans. We have a plan to actually provide for Debt Free College for people who are struggling to really advance the way in this country. Were here to protect the Affordable Care act and expand those opportunities to make sure that anyone who wants insurance can have insurance. We want to have a portable lifelong pension for people who have worked their whole lives that really need to retire in the middle class. Thats what Democratic Party has stood for and has stood for and will stand for. Thats why were going to win the election in 2018. Congressman joe crowly, democrat of new york. Thank you for joining us. Lets talk to brendan steinhouser. You know how the Tea Party Movement works. You were there back in 2009. You saw how that enabled a wave of republicans to win in congress and ultimately for donald trump to win the white house. How do the Democrats Use that sort of same anger, that same grassroots frustration to their advantage . Its going to be tough. They do have a bad map in 2018 and a lot of senators who are going to be competing in 2018, democrats, who are in trump states. So theyve got a really tough road ahead. I think they really have to pick and choose what issues they focus on and go back to the pocketbook issues and democrats are going to have to rethink their message a little bit on things like taxes and spending and regulations on Small Businesses. Those types of issues will be front and center in 2018 and they have to appeal to Small Business owners and moms and pops of the world and middle class americans who had been squeezed and a big challenge ahead in 2018. Donald trump has only been president for three weeks. It feels like its been so much longer. Were seeing angry town halls and protests around the country. Is that sort of grassroots anger, that sort of Grassroots Energy sustainable for long enough for the democrats to use it to their advantage in 2018 even though the map is not necessarily in their favor . Sure. It can be. Theyve got a lot of work to do. They need to provide training and support to their activists. They need to get some wins. If they continue to ask activists to go out there and call senators and congressmen and keep losing vote after vote and losing on nomination fights, people may get burned out and say i wont pay as close of attention. They have to come up with some wins whether on the local level or at the state level to convince activists that they can win because otherwise you can see people get demoralized and leave the process. We did that well in the Tea Party Movement was providing those small wins and motivation and continuing to train people and teach them how to be effective as activists and also in elections. Personal note, you have a very cute baby. I saw your wife posted on instagram of her watching the television the other day when you were on. Congratulations. Thank you. I appreciate it. Lets check todays microsoft pulse question. We have been asking should Congressional Committee investigate Kellyanne Conways comments about ivanka trumps clothing like. 85 of you say yes. 15 say no. You have time to vote, go to pulse. Msnbc. Com to let your voice be heard. Next up, the ucla view of trumps travel ban. Where the fight goes from here. Nosy neighbor with a keen sense of smell. Glad bag, full of trash. What happens next . Nothing. Only glad has febreze to neutralize odors for 5 days. Guaranteed. Even the most perceptive noses wont notice the trash. Be happy. Its glad. Befi was active. Gia, i was energetic. Then the chronic, widespread pain drained my energy. My doctor said moving more helps ease Fibromyalgia Pain. He also prescribed lyrica. Fibromyalgia is thought to be the result of overactive nerves. Lyrica is believed to calm these nerves. For some, lyrica can significantly relieve Fibromyalgia Pain and improve function, so i feel better. Lyrica may cause serious allergic reactions or suicidal thoughts or actions. Tell your doctor right away if you have these, new or worsening depression, or unusual changes in mood or behavior. 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Judge robarts decision effectively immediately, effective now, puts a halt to President Trumps unconstitutional and unlawful Executive Order. The president , a selfproclaimed counterpuncher, hit back in a flurry of tweets calling the judgment of the socalled judge ridiculous and telling americans to blame the courts, not the commander in chief, if something bad happens. From there, things got worse. Sunday the west wing requested the ban be restored. It was denied. His trademark Executive Order was losing and so was his team. Patriots down, trump left his Super Bowl Party early but while the pats came back to win in overtime, the president s fight wasnt over. A Third Straight week of unrest. Everything that hes done over the past ten days is amazing. Were very excited about every single Executive Order. But the ban wasnt it. Trump also faced bipartisan backlash for saying this to bill oreilly. Do you respect putin . Putin is a killer. We got a lot of killers. Do you think our country is so innocent. That was just sunday. Trump needing a win, got three by the end of the week. Devos, price and sessions. I, jeff sessions, to solemnly swear tensions so high during sessions confirmation that senator warren was silenced for reading the words of Coretta Scott king. Is there an objection . I appeal the ruling. Objection is heard. The senator will take her seat. And that was about as good as the news got for the white house. The temporary fate of the Executive Order was still looming. Are you arguing that the president s decision in that regard is unreviewable . Yes. Opening questions of where the case could wind up. Supreme court you think . Well see. For trump, what the Courts Intent was. I dont want to call a court bias. We havent had a decision yet. But courts seem to be so political. Backed in a corner and looking for a distraction, the president lashed out at his favorite enemy. Its gotten to a point where its not even being reported and in many cases, the very, very Dishonest Press doesnt want to report it. Once again, raising the issue of conflict of interest. Kellyanne conway in trouble with the House Oversight committee. Go by ivankas stuff is what i will tell you. I hate shopping. Im going to get some myself today. Sean spicer not doing himself any favors in the Press Conference. This is silly. Next. Thank you. Youve asked your question. Thank you. Potentially giving Melissa Mccarthy some new material. Okay. Were going to have to wait and see whether or not Melissa Mccarthy shows up tomorrow on snl. We dont have to wait for more talk on this travel ban. Thats going to continue to be a fight no doubt about it. Joining me now, lee, you have a lot of experience in this. Youve been doing it for years and fighting the government for decades now. Specifically on immigration issues. Do you think that theres a way they can redraft the order that would make it constitutional and acceptable . Right. I do not think that any ban they would put in place would be acceptable or legal. If they talk about something radically different, just different vetting procedures, thats one thing. If theyre talking about a complete ban, especially one thats focused on muslim countries, no, i dont think any redrafting can be done. If they do redraft it and its exempting green card holders, providing Due Process Provisions and really refining and defining what it means when it comes to religion, is that something that you could potentially find more palatable if they talk about the National Interest . Right. Theres no question the president should be protecting National Security. What we object to is the overbroad nature of this and just sweeping everyone in. Some of our clients worked for the u. S. Military but they were swept in. The other myth out there is that if you exempt green card holders, everything is fine. Its not just green card holders because the religious discrimination affects everyone. Could they add due process and take out religious discrimination, we talk about a different thing we would have to look at. I dont think the redrafting is going to remove the taint of religious discrimination thats gone on. Theres a good chance that this is going to go to the Supreme Court potentially. Donald trump said that he would welcome that if it needed to happen. Are you prepared is the other side prepared to argue this in front of four on four panel. Obviously they dont have their ninth judge in place at the moment. You know, were definitely prepared. I think you see everyone geared up. Its not just the lawyer but the Community Groups and everyone. Well do whatever we need to do. I dont know that theyre going to take to the Supreme Court right now especially in this early posture. If they do, were going to be prepared. One of the Amazing Things is that when i walked out of court after arguing that First Muslim Ban Case the saturday night, there were a thousand people out there. Thats an unbelievable confluence of Community Groups, leaders and lawyers. Were in a Real Civil Rights moment not just lawyers going into Court Making Technical Arguments and not just protests but everyone combining. Well definitely be ready if they do it. What do civil rights extend to . If youre an immigrant trying to get into this country not yet here but youre working at it, do our american civil rights, our american beliefs and ideals extend to you trying to get in or just once you get to this soil . If youre outside the country, do you have a legal right to come in automatically . No, of course not. No one is arguing that. But can the u. S. Government select who theyre going to bring in by race, religion, no. Thats what we object to. If congress is going to limit the number of immigrants were going to bring in in a given year putting aside refugees which is a separate thing, thats fine. But if it starts selecting people on the basis of region, thats where aclu objects. Thank you. Next hour, the man who possibly has the answer for how President Trump can salvage his Travel Ban Harvard Law Professor joins kate snow. Well be right back. American express open cards can help you take on a new job, or fill a big order or expand your office and take on whatever comes next. Find out how American Express cards and services can help prepare you for growth at open. Com. Bounty is more absorbent,mom per roll find out how American Express cards and services so the roll can last 50 longer than the leading ordinary brand. So you get more life per roll. Bounty, the quicker picker upper parts a and b and want more coverage, guess what . You could apply for a Medicare Supplement Insurance Plan whenever you want. 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