Pointer gate and matt pietta on his latest big bank takedown. All in starts right now. Good evening. Im chris hayes. If there was any question how president obama would respond to the drubing the democrats took in the midterms, its growing clearer by the day that he has no intention of giving ground to the central political fights he staked out by his own past attempts to come to the negotiating table. President obama seems to be signaling the time to make concessions has long since pass. Case in point, his call to action is possible protections to keep the internet open and free, an issue thats been a rallying point for progress efs. Im urging the federal Communications Commission to do everything they can to protect Net Neutrality for everyone. They should make it clear that whether you use a computer, phone or tablet, internet providers have a legal obligation not to block or limit your access to a web site. That announcement comes right after what is the most politically explosive proposal in washington right now. Executive action on immigration. In an interview with cbs over the weekend, he laid out the case hes making to House Speaker john boehner. I preferred and still prefer to see it done through congress. But every day that i wait, were misallocating resources, were deporting people who dont need to be deported and john, im going to give you some time, but if you cant get it done before the end of the year, im going to have to take the steps that i can to impruf the system. President obamas position is improving leadership threats off of their victory to confront the same problem that vexed this white house for years until the administration finally learned to accept it and moved on. The gops right wing wants confrontation with the president. It wants to defeat him politically. Certain lawmakers are already threatening revolt over the proposed action information. Government funding expires only a month from now. Mitch mcconnell says hes hoping to pass an omnibus spending bill when he assumes control. Ted cruz and five other conservative memberings are threatening to derail to block the president s executive actions. They wrote a letter warning him of his intention to use all procedural means necessary to resolving the constitutional crisis created by president obamas lawless am mes cinestam president obamas nominee lynch to replace attorney genric holder. Reactions like these explain why Mitch Mcconnell and john boehner have been pleading with the government to hold off on any unilateral moves nomination. If it seems like overkill, just wait until you hear whats being floeted on the house side as a response to the president s an tis pated action. The only way to stop this guy if he moves forward is impeachment. Is that likely on the table . 15 seconds. Impeachment is diety in the house. But you still have to convince the senate and that takes a twothirds vote. But impeachment would be a consideration, yes, sir. Joining me now, an aide to senator ted kennedy and spokesperson for majority leader harry reid. All right, jim, you know Mitch Mcconnell well. You know his staff well. Put yourself in Mitch Mcconnells brain trust for a moment. How are you trying to gain this out right now. It seems to me the best day in Mitch Mcconnell tenure as majority leader was probably election night. And everything after that is now going to be downhill as he a tries to ostensibly out play folks like ted cruz. About salutely. Thats why i was interested to see mcconnells spokesman, dodge stuart, called out senator cruz and said on the record that cruz is nothing more than a oneman army. Theyre smart enough to recognize that they have a problem on their hand and to try to isolate him. But the fact of the matter is, all of the energy and enthusiasm come from the far right of that caucus. Thats something that hes going to have to try to manage as he tries to deal with people, a whole bunch of them, for that matter, that are up in 2016, who are going to want to put legislative points on the score board. I think its pretty fascinating to watch how this is developing. The president reiterating time and time again that hes going to do this. In some ways, its a very unbarack obamalike kind of move. Hes basically throwing the gaunt lent down. What do you think their game theory model of how this plays out in the white house is. Oh, in the white house . I think think they recognize that this is the only thing that theyre going to do in that, you know, theyve got to move forward. If not, theres going to be hell to pay. Number one. Number two, i hope that were long passed the time where they try and cut deals with these congressional leaders. And so they might as well just go for it and stand on principle and do the right thing. You know, republicans, maybe, are trying to think that, well, the president ial redline in syria is going to maybe back down. But, again, i think we both agree that this is not going to happen this time around. I thought it was unintentionally revealing when Mitch Mcconnell revealed that the executive action would be like waving a red cape in front of a bull. He was pleading with the president where if you do this, i wont be able to its one of these things where you have throwing around impeachment, it seems completely plausible to me there will be a strong push in the house towards impeachment if the president decides to do this. Ive been on the record for the past several months if, in fact, the president goes forward. There is a strong group of republicans within that caucus that do not trust the president , do not respect the legitimacy of the election. And, for some strange reason, think that theyve got a mandate in 2014 which i sdis agree with, where the president with the yielgts of america. As you know, chris, the only two votes that the house took this year were on steve king. So, yes, boehner is smart enough to realize that and mcconnell is smart enough to realize this. This could potentially get very, very dissill. So quickly, what happened. Do we get a spending bill . Or are we going to have confrontation sooner or later . Ive got five bucks that says were going to kick the can down the road and get ready for the new year. Remember, theres all sorts of deadlines coming up next year, including the debt limit. Theres going to be a controversial fight over an attorney general nominee. I think thats why boehner is not going to do any legislative business until december 1, allegedly. Right. Jim manly, i have you down for five bucks on the bill. Thank you very much. Thank you. The president made some big and surprising news today on an issue that has been somewhat under the radar on the publics imagination. But maybe the single most policy fight. And that issue is Net Neutrality. Its become the subject of extended negotiations between lobbyists, politicians and regulators with literally billions and billions of dollars at stake. On one hand, Companies Like comcast, my employer and the owner of this network, that want the ability to charge different prices to deliver different lefls levels of broad band service. And on the other hand,others who want all web content to be on equal footing. The debate comes down to one fundamental question. What exactly is the internet . Is it a Premium Service . Something that people can live without . Something like cable tv . Or is it more like a public utility that everyone depends on and gets the same access to regardless how they use it, like electricity. The president came out that its like electricity saying that the internet is a strong component of modern citizenship. Cable companies cant let any company pay for priority over its competitors. To put these protections in place, im asking the fcc to reclass by Internet Service under title two of a law known as the telecommunications act. In plain english, im asking them to recognize that for most americans, the internet has brk an essential part of everyday communication and everyday life. Now, the president itself doesnt get to decide how the government treats the internet. As he indicated, that is up to the federal Communication Agency thats expected to have a new rule sometime in the next year. They received comments from a record breaking 3. 7 people, more than 99 of them in favor of keeping the net neutralities. Joining me now, federal special asis tant for president obama. Shes author of commissioner of the federal Communications Commission under president s obama and george w. Bush. Mr. Mcdowel, ill start with you, were you surprised by todays announcement . And how big of a deal is it . Its a big deal. When the president of the United States looks into the camera and tells the president to do something, the f. C. C. Is going to listen. I cant think of a time where weve seen this much white house action influence it. So its a very big deal with a little surprise that this came out today by the president of the United States . You bet. Susan, do you feel the same way . I definitely feel its a big deal. But im not at all surprised at the end. The president is a man of deep prings pl. And he understands, just as you said, this is electrify case for the country. And that of the four companies that may be unhappy, 330 million americans want to be sure that the Companies Make the choices fr them. You think this is a bhad idea and you actually were in a position to sit on the commission and study it. What is the case against it . As i have to say, it seems really airtight, this sort of equality principle. And theres lots of peoples leave where theres elly engineers of the internet who really favor very strongly they tend to carry a lot of weight with them. Whats the case . I respected Susan Crawford very much and respectfully disagree on this particular issue. But first of all the, nothing is broken in this marketplace that needs fixing by the government. If something is broken, lets do a bona fide peer review study. If something is broken, there are already ample laws on books to fix it. Thats why we have the open and enhancing freedom of the internet that we have today. There are over a thousand requirements of title 2. And the fcc to fore bear most of them, that is not apply most of them while it keeps the internet open and free, thats going to be pretty risky an appeal. Its not going to be good. The first argument here, which i think is interesting, is basically the status quo is working. Theres nothing broken with the market of broad band provision in the u. S. I guess its true. You look at all of the remarkable tax starups and apps and stocks that are happening in the tamerican economy. Do you agree with that . I dont. Look at chairman tom wheelers speech where he said that 70 or more of americans, their only choice for 25 megabits per second is their local cable company. So weve got so for 70 of people that want to get high Speed Internet access, its their local cable provider. Thats it. Thats the only choice. Whats happened over the last ten years, weve seen enormous consolidation and, frankly, division of markets to where the only choice is your local cable guy. And they are under no supervision. The president is saying lets make sure that the f. C. C. s Legal Authority is secure so it can create rules. Thats all thats going on here. Hes made a very bods and correct statement. When she says there is no supervision, thats actually not true. There are a number of laws to be used against Cable Companies or wireless broad band providers if they were to be anticompetitive. Theres certainly the antitrust laws. The play to spar would have a field day. State attorneys general would have a field day. Theres a whole arsenal of legal weapons that consumer advocates and consumers themselves could bring against these isps. Thats why we have not seen this systemic market failure. Thats why weve done this Market Analysis that can be put on for further comment. I will say this, robert. I think if you were not that this should control in this area of policy, but if we were to poll the American People about this question, i do feel like the results would come down more in susans favor. And that doesn mean that theyre right about that. But there does seem to be it does seem to be a recuring troep about peoples frustration in this particular sector. Susan, my question to you and the final question here is theres a sense in which this has been portrayed by folks as yourself as a david versus goliath. But isnt it the case where theres this huge multibilliion Dollar Corporation who are lined up because they dont want their ox to be gored, as well. Actually, every American Business is on the other side. In that group are a few very large, online companies. Every group wants to be sure that it can reach its customers with inexpensive access. We all need a cop on the beat. Thats what the president is saying. Making sure the Legal Authority is sound. Hes doing the right thing. I want you to tell me the validity of ted cruzs response today who comes down on the same side of you in which he describes as obama care for the internet. Is that true and what does that mean. I dont know if its true because i dont know what it means. But none the less, if he disagrees with this notion, i dont know about that. Thank you both. Thank you so much. Nice to be here. A Top Republican strategist spills the penalbeans on why he thinks the democrats have lost so badly. Turns out, im right. Ill tell you what he said ahead. Goodnight. Goodnight. For those kept awake by pain. The night is anything but good. Introducing new aleve pm. The first to combine a safe sleep aid. Plus the 12 hour strength of aleve. For pain relief that can last until the am. Now you can have a good night and a. Good morning new aleve pm. For a better am. [ male announcer ] united is rolling out global, satellitefed wifi to connect you even 35,000 feet over the ocean. Thats. Wifi friendly. A block buster new piece that alleges one of the biggest banks in this country was ripping off investors while the government looked the other way. Ill talk to the journalist who broerk the story ahe. Blnk blnk your signature, you could drive home for the holidays in a germanengineered volkswagen. Like the sporty, advanced new jetta and the wellcrafted allnew golf. If youre wishing for a new volkswagen this season just about all you need is a finely tuned. Pen. Get zero due at signing, zero down, zero deposit and zero first months payment on select new volkswagen models. There have been times when we have not been successful. So there is a failure of politics there that weve got to improve on. Squl the president is owning up to everyone that the republicans definitely demonstrated some kind of failure. Who is the question. An important one to resolve as the president tries to regroup what his approach will be moving forward. Some rendered the decision of Many Democrats to distance himself from president obama ended upping wiend ed up being pretty disastrous. A new endorsement of that theory comes from an unlikely source. They felt the economy was their best message. Bill curry wrote a piece and maybe you can guess why it caught my eye. It argued es the president has become a whole and candidates distancing themselves were a symptom other than a cause. Nice to have you here. Great to be here. So you think it goes deeper than the decision to sort of separate themselves from barack obama which did alienate because barack obama remains very popular. How robotic and calculated their party appears. This is an explanation of too many problems that he didnt get hiss story out. Almost every time hes been asked in the last few years wants gone wrong, we have the right policy but we couldnt get the story out. Tim geitnerened e in his recent book said that he hadnt gotten his story out. You want to say no, tim, not because you give bad speeches. Its because everybodys mortgages are still under waterer six years later. And when you go back and trace this from the beginning, i think that there are a set of choices that have been made that created the right wing populism. So but i feel like thats im tempts to believe that because i think you and i share similar politics. When you look at clinton, clinton precipitated this huge right wing backlash. And so theres a certain amount that you see baked into a cake. Its going two phase, right wing populous backlash. I think theres a lot of truth in what you jst said. I think the truth of this election is worse than it seems. Bill clinton, the model sen tryst of his time, when you have these kinds of fights over policy, bob right was in the room. Joe stigma was on the room. Bob rubin got his way more often. But there was a genuine debate. This is the most conservative Economic Policy since grover cleveland. Its not just a punch line. I dont think thats true. I dont think you can look at obamacare and say that. Let me say this, also. Even if you lets take tim geitner. The problem with tim is the policy and not the speeches. But on obamacare, right, i think, look, is it the Perfect Health care law . No. But its doing good stuff for good people. Its fndmentally redistributed and is going to endure for a long time. And its also fundamentally not popular. But you cant look at that and say to me, my big feeling about obamacare is maybe this is just the way the countrys politics are. You get good stuff done and they punish you for it. First of all, in a sense, thats the core defense of the most loyal supporters. From now on, this is as good as it gets. So you betterer lower your expectations. At some point, we have to begin solving these prons. As a part of that argument, it always comes back to this question of narrowment. First, figure out what you believe and then learn how to tell people about it. We stopped putting the progressive, i think, in particular, are the first on the list here. Who needs to do what. And that is that throughout our history, all important social reform has come from grass roots, progressive, independent progressive movements that didnt think their first job was to apologize for wayward democrats, b