don't know thousand do it. now unless something happens very, very soon in less than three hours at 12:01 a.m. eastern time the department of homeland security will be shutting down in the united states of america. this is the front page on politico right now. boehner fails again. this is the front page tonight. chaos at the house, shut down nears. i don't think they have ever turned their front headline to red. stunner, house gop shuts down own bill. the republicans thought they had a plan they thought they had this under control. on the senate side they got this done. they passed a bill to keep homeland security open and funded through september. they did it in the senate. in the house, they decided they didn't want to fund it through september. so yeah we could still be in this situation, back to shut down again three weeks from now, but at least there would not be a shut down tonight. house republicans decided they wanted to just fund homeland security for three weeks. the house republicans called a recess to give themselves time to round up the votes. they delayed the vote this afternoon to make sure they have the votes. they voiced optimism that they would be able to pass their big idea. their bill their extension. the new wip in the republican house, and the great appeal of steve scalease. he was supposed to be able to handle situations like this. so thee recessed delayed, counted votes, they did the math, they did the counting, and then they were ready. it failed. 51 republicans gave a one fingered salute to their own side. they cannot pass their own thing after they spent all day putting it together. politico calling it a stunning blow to house republican leaders. the latest stinging repudiation for john boehner and his team. they have struggled to governor after a unified congress. the new york times says a stunning and humiliating set back for john boehner and his leadership team. they failed a fundamental test. and political, that's amazing, right? that means the department of homeland security will be shutting down in less than three hours, we're told that president obama is convening meetings in the oval office tonight, working the phones to try to get congress to snap out of it and not do this. but as of now it is unclear as to whether or not they're going to be able to do it. just in the last hour the senate went back to work even though they did their part today, right? they funded homeland security. the senate went back without warning tonight in the last hour and pass a one week extension for funding for the homeland security department. they went home and adjourned and said house, you get it together. after the house republicans own idea their three week extension failed because they could not get their own votes for it. now tonight is a one-week extension that is past the senate and has gone to the house. the senate has gone home. now will john boehner and the house get it together? open question. joining us now live from the capital su frank authority, thank you for joining us. what is the latest? >> as you said the senate passed the stopgap measure. the how will pass it, consider it later today, consider it under a procedure where they can fast track it to a vote but nancy pelosi just sent a letter encouraging colleagues to vote yes on this measure. she encouraged all of her democrats to vote no against the three week stopgap measure because she didn't think that strategy was working and she got this -- she is now encouraging democrats to pass this one week measure. but what i'm told is that you know reid and mcconnell spoke with boehner and pelosi and that the plan now is that boehner has agreed to go ahead with the vote on the clean bill next week. so next week what we have is the senate will end up taking up this motion that the house has passed encouraging this house or senate to conference between the two bills nap will go down because democrats said they don't want to negotiate between the house and senate bills, and then boehner will have to bring up the clean full year dhs funding bill sometime next week. >> the democrats in the house under nancy pelosi did not help john boehner today and he could not get his enough votes on the republican side to pass his own bill that was a three-week extension. nancy pelosi is willing to let democrats help john boehner pass this one week extension in the next few minutes in the next couple of hours. she will say that democrats will help pass the one-week bill. that is because next week this is all over. the shut down threat is gone they pass a clear bill and this shenanigans will be done. >> that is the bill? >> basically, ya. pelosi sent a letter saying we need you to vote for this because it is part of the plan. they wanted to back republicans into a corner. they were truly expecting a three week cr to pass and when it went down they had to recalculate. this is what pelosi had been trying to do the whole time. she wanted to prove that democrats were needed to pass anything. this worked into democrats hands, and this vote that went down earlier, this three week cr vote, will be a shiny example of an issue with house republican leadership in the house conference not being able to pass a bill that needs to pass. >> and not being able to pass their own bill. we had, as soon as this session started, we had the house leadership put forward their own bill on restricting abortion rights and they yanked it. they put forward a border security bill and yanked it. now again with this three week bill, they could not pass it because of problems on their own side. it feels like nancy pelosi as more power than she had before. and they also had an education bill this week that they were going to vote on today. it was because they didn't have enough votes to pass it themselves. i think there is an argument to be made that if there is any indication or expectation that tax reform or any of these bigger reforms were going to be passed during this congress it is kind of going away this is but the other reality here is that you know if you look at boehner's leadership here, it's not necessarily a reflection of leadership who would right this ship to change this so this republican strategy would have worked. it is hard to find one specific person that could have gone down this road and been successful. i think it is a reflection of the republican conference as a whole and less on the leadership structure. >> frank thorpe working late with a long night ahead of you. thank you we might check in with you later. i want to bring in now chuck todd. it is a very exciting night in american politics. >> i guess, but i feel like we have seen this over and over again. it's the same story, boehner can't pass anything mcconnell has to come up and jam them again, give them an out. they have the out. what is amazing here is look i agree with frank on this. speaker boehner did everything that was politically rational. >> i'm sorry, nancy pelosi just came to the microphone. >> a strong statement that the department of homeland security must be fully funded. to help with passage of the senate bill long term funding of the department of homeland security by voting for a seven-day patch that will be on us pension in the house tonight. it already passed the senate. i say to them your vote tonight will assure that we will vote for full funding of the homeland security next week thank you for your leadership. i'm very proud of our members. it shows the commitment to full funding. we certainly want to protect the american people every minute of every day 24/7 and that includes today. we believe in the next seven days hopefully five we will have a bill that takes us to the end of the fiscal year. >> no questions. >> we're not taking questions. >> i'm sorry to interrupt you. nancy pelosi says it is a seven-day patch, and there will be full funding starting next week. >> yeah, now they're saying you're stuck with full funding and you may be stuck with full funding before you find out whether the -- whether there will be a state in the fifth circuit and the president can go on and begin implementing his executive action. what boehner was doing was politically rational. getting three weeks, buying time and then see what the, you know, how hard it would be to corral his conservatives that did not want to fund homeland security. this is what he is dealing with. he had -- this was a very like i said a rational political move he made and he still could not corral these 50 plus members. goodbye tax reform and all of this stuff, none of this is getting done. >> chuck, i'm just looking at john boehner standing there with steve scalise. there was a controversy about his past in louisiana and having spoke ton a white supremacist group. but strategically, didn't they hope in republican politics in the republican leadership that steve scalise might be close enough to the rebel conservatives that he would be able to at least count them if he could not corral them. >> impactly he was the red state republican. remember before when you had mccarthy, boehner, and canter they came from blue states. that was supposed to be his role. i think on the issue of immigration, it is one of these issues that is just not -- you can't have compromise on it. there is no such thing. when everything you do they just say amnesty. so i think that is the problem with the house republicans. they have this -- there is just no compromising and they can't do anything as simple as a three-week extension. >> and he can't exkwut on his strategies. >> that would have been politically smart for him. the lawsuit was an asset to them and they could not figure out how to use it. they could have written a full funding measure that says it would have automatically suspended things if there was no stay. i mean it could have gotten a lot more creditive. they had something out there and they didn't know how to use it. i think that is a fillailure of leadership. they could have come up with a way to use the result of the halting of the executive order to their political benefit to get dhs funded. they could not do that. there was a lack of creative thinking. >> chuck todd sunday mornings will be more fun than usual. >> thanks chuck. good luck man. we are keeping an eye on capitol hill all night. i will add, one thing that has been mulling tonight as the house republicans have just absolutely collapsed, can't pass their own thing, having nancy pelosi decide they were so confident they had this together they have booked the entire house republican leadership team on all of the sunday shows this weekend because they were ready to brag about what they did and how they were confronting barack obama and winning in the congress. they booked their whole leadership team on all of the sunday shows. it will be a very different conversation than they expected. there's confidence. then there's trusting your vehicle 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>> you recently vetoed the keystone pipeline safety concerns. a lot of people in the state of washington are nervous and concerned about the oil trains. that this will mean more oil trains that we can't guarantee the safety. we had a near disaster in seattle. can you give some reassurance to the people who watch those trains rolling through their area every single day. >> we had an oil train derail and explode just to the west of fargo and in other parts of the country as well. is that high on your agenda? >> he did four interviews and three of the four asked about oil trains. they only got five minutes each with the president. they only had time for a couple questions to ask the president. she not a fast talker. five minutes is not a long time. three of the four raised concerns about bomb trains going off around the country. interesting, right? attention beltway press, this is a thing people are concerned about. and president obama did make some news about this in his answers to the repeated answers to reporters. he said it is a top priority for his administration. this is something that needs to be improved. he said the transportation department feels great urgency about this. and the president making those sorts of comments about this issue, that is one way that oil disasters can become national politics. the way that oil disasters usually become national politics is usually more like this. new jersey governor chris christie is in california today at the big cpac conference. he is campaigning for president. but while governor christie is away on the not campaign trail, the "new york times" broke a story about him and exxonmobile. it is a shocking and strange story. it races a big unanswered question. this is the bay way oil refinery refinery. 11 years ago, the state filed a lawsuit against exxon over this site because of con tame nation on the 1300 acres in the refinery. for all of that pollution and contamination, they sued exxon seeks $8.9 billion in damages. it has been in the courts ever since. four governors worked on it. while that timeline may seem slow for lawsuits it's clear what has been happening. they have described the scale of the contamination in very stark terms. it was estimated in 1977 that seven million gallons of oil ranging from seven feet to 17 feet is in the soil and ground water around the refinery. 17 feet of oil. the court notes that the documented level of contamination in the waters and settlement that they have recommended closing it and putting in a barrier. that is how bad it is. they determined that exxonmobile did it. when this case when the to trial, this past year before this judge in new jersey the only issue to be settled was not whether or not exxon did it whether they were liable there was not even a question about what exxon did. when it went to trial, the only question was how much they would have to pay for it. the dollar amount. that is what remained to be decided. the state of new jersey for the last 11 years has been seeking $8.9 billion in damages. they wanted $2.5 billion to repair damage and another $6 billion to compensate the state for what they had done. so that trial to determine what they owed lasted from january to september of last year. the last filings happened in november. and that judge was expected to rule at any time. butt the "new york times" reports today that the chris christie administration just settled the case. remember the state officially had been seeking $8.9 billion. how much did they settle for? not bad. not even one billion. they settled for $250 million. how did new jersey go from wanting $9 billion to a quarter of a million. the judge was due to rule on this case in any day, but the chris christie administration said don't issue your ruling we're in talks with exxon and they e-mailed again two weeks later and said please don't rule we're still in talks with exxon. according to the times last friday, they wrote to the judge and said you don't have to rule we're done. we worked out amongst ourselves. and the reported settlement is roughly 3% of what the state had originally been demanding. what is that about? why was this settled right before that judge was about to rule? what was the judge going to decide? how much would the judge tell exxon to pay? did they just get the deal of the century. is that an unusually small amount to settle for given what the state had been asking for for more than a decade? we're trying to do additional reporting to figure this out. it seems like it is an answerable question, right? if the people of new jersey got screwed or if they got a square deal that we can't tell from here. it has real life implications for people of new jersey and for chris christie if this turns out to be a scandal rather than a story. we reached out to the governor's office and the new jersey state attorney general's office and exxonmobile and no one is willing to answer any of our questions about this. if the people of new jersey just got screwed, this is not just a story, this is a scandal with really big implications and we're working on trying to figure it out. watch this space. introducing the citi® double cash card. it lets you earn cash back twice, once when you buy and again as you pay. it's cash back. then cash back again. and that's a cash back win-win . the citi double cash card. the only card that lets you earn cash back twice on every purchase with 1% when you buy and 1% as you pay. with two ways to earn, it makes a lot of other cards seem one-sided. alright, so this tylenol arthritis lasts 8 hours, but aleve can last 12 hours... and aleve is proven to work better on pain than tylenol arthritis. so why am i still thinking about this? 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[birds chirping] the am. new aleve pm. it's the first to combine a safe sleep aid plus the 12 hour strength of aleve. for pain relief that can last all the way until morning. new aleve pm, for a better am. the current governor of is jay nixon. with him leaving, republicans see a chance for a pick up of that governorship in missouri. republicans are very excited having a wide open and ramexciting running for that position. one of the leading runners was the missouri state auditor. he just won reelection as auditor in november. right after he got reelected, this last month, he announced that he would be running for governor in 2016. now the primary is not until august of next year but republicans in missouri are excited about this. it has already become a tough race. citizens for fairness put out this rather brutal radio add against him. >> so house of cards rather vicious add in what is ae vicious primary. they had reagan-lincoln days and schweite came in second. they polled all of the attendees. they wanted to do sort of a straw poll for the governor's race. somebody stole the ballot box. it went missing overnight. when they found it the next day it was stuffed for one of the candidates. for a straw poll. so rough and tumble strain times in moss republican politics right now. that was already the case. then yesterday, strange turned very very tragic. yesterday morning, 9:41 local time the editorial page editor for the st. louis dispatch saw his phone light up. he was getting calls from tom schw schweich. >> so tom schweich says send a reporter at my house, 2:30 this afternoon, be at my house, at 9:41 a.m. at 9:48 a 911 call was placed from tom schweich house, seven minutes after he left that message, he took his own life. he died of a single gunshot wound to the head in what is an apparent suicide. why do you tell people you want to set up a meeting and minutes later kill yourself. set upping if for the afternoon and minutes later kill yourself. the two reporters he reached out to this morning said tom schweich was talking to them about a charge against the missouri -- the idea of that kind of a whisper campaign is a serious charge. that charge was answered by the missouri republican party chairman who wrote an e-mail saying, quote, i would like to set the record straight once and for all. until recently i mistakenly believed tom schweich was jewish. >> tom schweich was not jewish but he had a grandfather who was jewish. he alleged there was a whisper campaign to hurt his chances of being the republican party of missouri governor or being elected in that state with what he describes as a derogatory whisper campaign that he was a jew. what happened in this case with this apparent suicide has been so shocking and mysterious, that the editor that got that voicemail not only decided to release it publicly but he published a summary last night of what had been off the record conversations he had with tom schweich over the course of the next week. he says i have no idea why he killed himself, but he made it clear that he wanted those allegations about the whisper campaign against him, he wanted them made public. joining us now is the editor that received that voicemail. mr. messenger, thank you for your time. >> thank you, rachel good to be here. >> i know i didn't touch every piece of it but the marts that i did describe did i get it right? was i accurate? >> you described the events as i know them and how they have taken place since thursday. >> you described him as being, and other people as well as being an intense person. a highly strung person. a person with a personality that seemed impar'm paraphraseing. he seemed amped most of the time. did he see different? did you see signs that he was agitated? >> he was definitely agitated. he was deeply offended by what he thought was the intent behind what they were doing, but not in a way that was out of character for tom. he was a grie that opposed corruption, and i think that was one of the reasons that we bonded. we found ourselves frequently on the same page in terms of the types of things that we saw in missouri government that we wanted to fix. so he was angry and agitated but not so much that it was out of character. i have listened today that voice mail probably 20 or 30 times now. and the first time i listened to it and most of the politicians in missouri that i know have listened to it say it sounds like tom schweich. >> you described how he talked to you about his concerns. he was concerned that the chairman of the republican party was telling people he was jewish and that was meant to hurt him politically in his run for governor. with respect, was that in your view a paranoid or i guess irrational fear? or is there something to it? is that a well founded suspicion of his for what the effect of that kind of information might be? >> i believe that it was not irrational. that there is a history of that sort of thing in missouri politics. that if you look at the history of the republican party recently in missouri that it is not a party that is -- that has a big tent. and mr. schweich operated in that party at the highest levels in the last six years. and he knew what he was talking about. he was quite confident that what was happening was intended to damage him in a republican primary where a very specific tight of voter tends to be the most active voter. >> tony messenger. you took on a lot of public responsibility to right by this story and mr. schweich and bringing out this information that would have oregon been off the record. thank you for being with us to explain, i appreciate it. >> no problem, thank you. the house of representatives is voting. they're voting on a homeland security funding bill. what is going on right now is that this is just a seven-day patch to keep the homeland security department from shutting down at midnight. the idea is if they get this seven-day patch they will then pass a real extension that lasts until september. in terms of the numbers here this is passing under a rule that means you can't just pass it with a majority. the 252 votes there on the right, 157 yeses, 24 nos. they're going to need to get a two thirds vote up to 280 to keep homeland security from shutting down. stay with us. ecure financial tomorrows a reality for over 19 million people. 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not because i was selfish and wanted one for myself, which i did. its because i had, had a passion. my whole life i wanted to teach myself to build computers. i wanted to build these things for free. i just wanted to do it for the world and you know when you want something, that's what you do the best. ♪ ♪ okay. it's a very exciting friday night in american politics. we have some breaking news to report on what has been our top story all this hour, and all tonight, which is that the house is now voting right this very second on a bill to fund the department of homeland security for one week for seven days. house republicans failed earlier tonight to pass a longer extension, an extension of three weeks and are now take thing vote for just a one-week extension to avert a shutdown of the department of homeland security at midnight tonight. this vote has been underway for about ten minutes now. they need more than a majority. they need a 2/3 majority to pass this not just 50% plus one. this is the republican controlled house so anything could happen. they're getting close to the threshold now. joining us live is frank, so it looks like this thing is about to pass and looks like lots of democrats and republicans are voting for it. >> yeah, i think both sides are ready to get this over with. they don't want to go into the weekend with shutdown. so it looks like this is going to pass. just because nothing is ever easy in congress while democratic leadership is saying they've been given assurances they'll get a vote on the clean full-year dhs funding bill next week boehner's office is saying that boehner has given no such assurances. >> oh, wow. >> it's a little bit of a back and forth. there's probably a little bit -- boehner can't say he's going to cave, but it's a likely scenario we'll see a vote on the clean bill next week. >> let me ask you about that frank. when nancy pelosi came out and distributed this letter she seemed to be indicating to her members, without saying explicitly that if they voted for this one-week patch, it was because they were assured that they were going to get this whole nonsense put aside next week, that they were going to get a funding bill that would take homeland security to september. what you're hearing from the speaker's office tonight, does that mean that nancy pelosi might have been misled there might have been been two misunderstandings about what happened? >> not necessarily. she was hinting at the same thing democratic leadership aides were himming at so i think there was probably a conversation that leaned in that direction. i think they can't necessarily go into next week knowing the whole playbook. we'll probably see a couple of iterations of some votes. we have to see the senate vote where democrats will vote down the motion to go to conference due to negotiate the two bills. wouldn't be surprising if conservatives tried to push another vote in the house. but in the end, i think that both sides agree, especially in leadership, that in the end they're going to have to pass this one year clean dhs bill. >> so the big picture here we're looking at the numbers here and it has passed clearly, time has run out and it has 325 yes votes, 173 republicans, 154 democrats. clearly they got the number they need. but there is in this big picture sense, a real question as to when -- whether or not moving forward happens in any way that could meaningfully be described as republican. all the democrats say john boehner, we'll help you out that's the democrat's decision whether or not to do that. if john boehner can't do anything without democrats, really anything is his position as leader in danger? are republicans going to revolt against him in a way that's overt in terms of him being the speaker? >> there have been a number of conservatives that have raised questions about whether or not a different leadership structure may be able to get different results. but i think that there is just kind of a general consensus that speaker boehner is probably the right man for this specific job. considering that you have -- i mean, you have the group on the left -- on the far right, then you have the moderates. he kind of sits in that middle ground and is able to wade in the middle there. there's not very many people that can do that. while i think he probably will have some questions raised about his leadership tactics by conservatives if they end up passing this clean dhs bill as we're expecting them to do at the same time there's not enough of a ground swell of dissatisfaction within the conference to be able to up-end the leadership structure that's in place right now. >> frank, thank you. this has been a wild ride. nice to have you here. >> thanks again. >> let's bring in kelly o'donnell, who has been live watching this unfold tonight. kelly, this has just passed, with the 2/3 threshold it needed in the house. that means that the department of homeland security has a seven-week -- a seven-day patch to keep it from shutting down for the next week. >> it was wishful thinking, rachel. >> what do you make of how this came together tonight? who was really calling the shots in terms of deciding what happened tonight? >> we're still waiting for the official gavel so the numbers could shift a bit. this is a case where you try what you think can pass and when it fails, there was a mad scramble to see what can be done to prevent the worst case scenario which was shutting down the department. there were some critics who said shutting down the department would not be as cataclysmic as some feared because so many of the employees are required to show up at work and their paychecks would come at a future date. not very satisfying. so the governing that is required does mean they must keep the department opened. as we talked about on many occasions, congress has very few levers of power when trying to compel the president to do something or not do something. it almost always comes back to using the power of the purse, how to fund something or not fund something to drive policy. so for conservatives who have been very upset with the president's actions on immigration, they believe it's a constitutional breach and overreach. this was their best case at trying to stop that. and they did not have enough support among enough of the congress to see that happen. it was the political will for that when it comes to threatening this department and the times that we live in when every other headline outside of the conversation we're having is about concerns with isis and other threats and to put all of this drama and real political idealogical debate in a real world context made this a very difficult case for conservatives to make. >> kelly, we have another path with the courts as well. >> tonight it was about getting something done and saving face. >> when it comes back up this next week, is it clear we'll be here all hours of the night? do they have a clear path next week? >> no, i think there's an deadline factor here. if nancy pelosi had not released her democrats and said please vote for this, they would have shared some responsibility for a shutdown, too. more republicans voted for this tonight, so i don't think there's a clear path. i think we will revisit a lot of these same issues but people have had a chance to measure how it played at home maybe get a little rest and distance to the discomfort of this day and try to figure it out. but there is no obvious next couple of steps that will resolve this. >> kelly o'donnell, thank you for your time tonight. the house has passed a one-week extension, so homeland security isn't shutting down in two hours. but we'll be back at this next week. in the meantime, you'll be in the crowbar hotel. there are 2 million people behind bars in america. we open the gates. "lockup." ♪ 15 to life ♪ >> got the browns and the whites against the blacks. the first rule of the game is watch your back. it's either kill or be killed.