three are all the top story and each reflect a particularly corrosive tension of the trump administration. travel ban, its growth showing how much the trump administration is doing on policy while the tweets and feuds grab attention. old ban was temporary three-month experiment and this revised ban is slated at permanent. this today is more far-reaching policy than the first travel ban. and it's revealing for many americans and leaders, this ban is getting less attention than the shock of the first travel ban which seemed to plunge the nation into a weekend of chaos. >> protests throughout the country at airports. this as president trump's executive order that bans refugees from predominantly muslim countries -- >> it's unprecedented. protests still going strong here. >> immigrants are welcome here. no hate, no fear, immigrants are welcome here. >> that was then but today apparently the permanent travel ban not considered the most shocking thing trump has done even in the last 48 hours. supreme court ordering new briefings on the legality of this ban. health care, which trump spent a year hammering on the campaign trail as his priority. >> on my first day, i'm going to ask congress to send me a bill to immediately repeal and replace disastrous obamacare. >> we'll be able to immediately repeal and replace obamacare. >> we will repeal and replace the horror known as obamacare. >> that was campaign season. when trump first got to washington, he took a bizarre victory lap on the white house lawn when the u.s. house passed an obamacare repeal. premature. no victory for health care for trump. this week a deadline for bare majority vote to reform health care. trump's last best chance this year. but unlike the travel ban where the bureaucracy of federal government churns on no matter what trump does with his day, health care is a different battle. different senators rolling out different bans. graham and cassidy pushing out latest but floundering without white house leadership. it's good news if you like obamacare, bad news if you wanted trump care. most voters fall into categories for or against obamacare, it's becoming clear, donald trump does not. didn't care much about the first bill he celebrated on the white house lawn, first praising it, ultimately calling it mean. doesn't seem to care he's squaundering this last shot this week by stoking a random fight with the nfl. this is what a honey badger presidency looks like. honey badger don't care. does what it wants and doesn't care about anything. lest anyone think this is unfair comparison to president trump, it was offered as praise by none other than steve bannon who said his erratic performances were classic honey badger. honey badger don't care, not about health care, the republican party and rights and role of free speech and protest on the field or off. fight has just begun with this presidency, most important thing is having something to fight about, not necessarily getting much done. shelby holliday with the wall street journal. "daily beast" and professor at english at lehigh university. professor, start with you. president in many ways doesn't care about the policy deadlines, yet he sure knows how to start a fight. >> he does, ari, i'm not sure if this is strategy or the chaotic consequences of a haphazard legislatively challenged trag a interesting to trog la indict. when initial travel ban happened, thousands protesting. required organization and getting out word and getting people there. none of the mobilization happening now because of the effort to resist the administration is diffused against the top stories. some marshaling support around the travel ban, some folks wrestling with the ineptitude of the administration with puerto rico and u.s. virgin islands and relief required. some fighting health care and others the culture wars with the nfl. consequences, whether strategy or not, president wins. winning on twitter talking about nfl, players as privileged millionaires and so forth. that's a win for him in chaotic environment. >> i want to share criticism of donald trump. this is from donald trump. he wrote at one point presidents should not be telling washington redskins to change their names. our country has much bigger problems, capital, focus on them not nonsense. there's a trump tweet for everything. >> and job numbers came out. previously had said they're fake and don't matter and sean spicer said with big grin, maybe didn't matter but do now, ha ha, president told me to say that. shocking with the nfl protest, to borrow a rap leer. >> said don't hate the player, hate the game. just because one player protesting, boycott the nfl. shocked not just sports fans but across america. travel ban, it's exactly right the issues are distracting resistance movement. donald trump is honey badger but a whack-a-mole honey badger. pops up all over the place and democrats have be trouble keeping him down, trying to resist on anything, even a social battle. >> another line be the game done changed. donald trump clearly trying to change the focus. question ultimately is not whether he excites or upsets people this week. look at health care deadline, historians look back at this as amazing way to squander what was purportedly a priority of his. >> trump has shown himself as somebody who can live without a friend but not without an enemy. things were too placid. in alabama and needs to start a fight and be divisive and get the crowd excited. decides to do something that in the end unites two people usually not united, team owners and team players. some of those owners are his donors and friends. now they're on the other side with the players that he attacked. i think also the player thing is, it's like people don't like congress but they like their own congressman. people may not like everything about the nfl, but they usually like their own team. >> right. >> so this did not cut clean for him but he may not care. just likes excitement of the fight. >> no. he don't care. that's my argument tonight. >> he don't care. yeah. other part, is health care thing is virtually over. in my estimation. >> you think it's over? trump care is dead? >> people coming out like ted cruz and mike lee saying not committed to the health care bill. >> you think it's dead? >> i think mitch mcconnell may not bring it to the floor, it's that dead. >> that would be striking. this is the last chance to do it on reconciliation, 51 vote, trump was tweeting about filibuster getting into the way, this is the last week that filibuster is not an issue if find caucus. >> part of the problem is chicken and egg. saying donald trump whips up controversies to cover things up like health care, or whipz up controversy and health care fails. >> breaking news, no vote on health care. formally a whip count, can't find majority. susan collins breaking news, announcing will also be a no vote. that follows john mccain last week. that would leave them with no legislative path to majority unless they flipped other votes. this is big news margaret. >> there isn't one. why would mitch mcconnell make his caucus take a vote where they know the outcome. would be ridiculous. if i can rewind, would be a fourth story if not nfl in there. jared kushner having an e-mail problem that is precisely the same as hillary clinton's. are we going to lock him up? >> that's a huge story. we have special reporting on that later in the show, but yes, certainly a fourth story i to your point. professor peterson, susan collins no vote seems to be nail in the coffin of trump care 2.0. there was no white house effort to win her over. hearing about leaks, money headed to states like maine or alaska, political appeal. her no vote saying that didn't work. what does it say to you that on the day with all the stories, big news is trump care 2.0 also fails in the senate apparently? >> this administration is weak or limited capabilities with policy formation, can talk a big game but don't understand how to whip votes, meknations and get in and do the work. he has idea he wants to cut deals and leadership of the republican party allowed that to trickle down. said we're going to give this to alaska and this to this state, that's not how it works. information unfurling, 32 million losing health care, no preexisting protections, all the things that really matter to american people, 60% or 70% of the american permissiople not i bill. folks beginning to understand this more as something to do to get to distant tax breaks they want in place, just not possible without leadership from the white house. think about the obama white house, whether you agree with them or not, sophisticated in how they whipped votes, legislative process, had hearings, sophisticated and hard push to get legislation that that administration wanted. trump administration doesn't seem to be capable of doing those things. look at things we're talking about though, reality is 3 million americans in puerto rico without power and running out of food and drinking water. urgency of that should trump all the other stories, but the policy messes and incompetence and inability of this administration, it's hard for us not to watch, it's political train car wrewreck. >> and as you're speaking, no references to puerto rico in the president's tweet storms. most on sports, few on health care. just gotten in the statement of senator collins. gets inside her thinking and tricky politics for health care with the republican party. not just a no vote but 2 by 4 against trump care 2.0. three reasons, one cuts to medicaid, what democrats are saying is problem for the proposals. two, weakening protections for people with preexisting conditions, something we'll discuss later in the hour with a cancer patient i want to speak to with concerns about the draft bill. that's been a sticking point, some republicans inaccurately claimed would be just as good on those. >> straight lies. >> breaking news, saying no. three, physicians, patient advocates and hospitals agree that versions of this legislation would lead to higher premiums, shelby. go to you in a second. frank thorpe is joining us also by phone. capitol hill producer, keeping a whip count. >> third vote effectively kills the graham/cassidy proposal. all three of these republicans vote against, lose the votes they need to pass it. basically expected. susan collins had been telegraphing idea she would be voting no for days now, even at end of last week but waiting for cbo score, from the congressional budget office about the budgetary effects of the bill. now the question is whether or not they vote at all. decision that leadership will have to make tomorrow. republicans will meet tomorrow for lunch and decide whether or not to put themselves through the idea of actually voting on a bill they know is going to fail just to get people on the record. some republicans say let's have the vote, get people on the record and show who wants to repeal obamacare, at least in the way this bill does. and other senators, spoke to senator who said no, why put ourselves through what we did in august. >> want to be clear on the point you're making, reporting out at top of the show, three critical republican no votes. brand new third no vote from susan collins joining mccain and paul with the overall whip count, with current numbers this trump care vote would fail if voted on at this moment? >> yes. they need 50 votes to pass this measure. could only lose two. 52 republicans in the senate. can lose two. had lost rand paul and john mccain. that was two. susan collins is the third. only 49 votes and doesn't zbget bill passing. under reconciliation, need a simple majority but don't have it. susan collins -- >> stay with me. want to go back to shelby. susan collins is not just no vote and effectively killing the bill, ran through preexisting conditions, higher premium costs and medicaid concerns that democrats have been hitting. >> she's been thoughtful throughout her opposition. angers a lot of republicans but approaches in thoughtful way. will be a talk about victory on the democratic side and loss on the republican side but down the road we don't know what this means. if donald trump wants to make oba obamacare fail as he has in the past. insurance payments, what it means for americans who do rely on obamacare. president said he will get victory one way or another. looking at other measures if and when it fails. >> significant. yogi berra used to joke that predictions are hard to make, especially about the future. but got on the air with you making prediction this would die, wouldn't be a vote. mitch mcconnell, has he been outmaneuvered? >> i think mitch mcconnell wasn't totally on board for a whole new whack at repealing obamacare. skinny repeal failed. then graham and cassidy come up with this 11th hour to ram through. and if anything, its worse than skinny repeal. and you know, at outset you could see, you know, could add merck owski to this, probably four votes. rand paul is usually unreliable. you don't know about him. but three. now with paul, four. and there are others that have said they don't like it. lamar alexander doesn't like this bill. idea you're going to have another public hanging of yourself strikes me as totally ludicrous. also let me add, republicans are being saved from a disaster. if this bill passed, they would pay a price for so long for doing so much harm to so many people. >> that was john mccain's point in his statement in opposition. >> there's a lot here in breaking news. bring in sean patrick maloney, a democrat from new york who has worked in the clinton white house. big news out of the congress. your view, is this obamacare fully saved? and what do you think happens now with susan collins' announcement? >> it's clear this bill shouldn't go anywhere, isn't going anywhere. lot of us would like to get around to doing our jobs, to work together to fix what is not working and keep what really is working and there are real examples of both. we ought to sit down across the aisle and get to work, stop being distracted with these endless efforts to do the wrong thing, throw the baby out with the bath water and hurt a lot of innocent people. i'm glad susan collins has done what she's done, i hope we get on to real discussion fixing what is wrong with health care. >> is your view that donald trump has lost twice now, reconciliation rules kick in, after this week gets much harder for senate to do anything to gut obamacare, is it your view this waits two more years at least? >> we don't have a presidency to waste. those of us in the democratic party ought to wake up to the fact that these problems are real and we should fix them. that doesn't mean by the way have predetermined outcome. there's a lot of good ideas for how to fix what is wrong in the health care system. still costs too much, bring cost of prescription drugs down, work on the cost and not just coverage. we can do that and in bipartisan way. i'm hopeful when stick a fork in the thing, finally done on trump care, can get back to doing our jobs. >> do you think president trump helped, hurt or made no difference in the senate effort on trump care this week? >> you've seen the president all over the map on health care. most of the republicans would tell you he's been part of the problem. not been focused, up to speed on the details. didn't even know what was in most of the legislation and saying things often that made their lives harder. i don't mind if it means we're going to stop talking about a bill that would have stripped coverage from millions of americans and hurt people with disabilities and destroyed the guarantee of medicare and medicaid, that would have experimented with block grants and don't know what it would have meant and cost new york $45 billion over ten years. all kinds of reasons we're glad it's gone. like a horror movie though, always one more scare here. job we ought to be doing is working with each other to fix what's not working, bring down health care costs and get better care. >> on a busy time on capitol hill, i want to thank you. thank you very much. another big story, trump e-mail controversy, ivanka trump and jared kushner using personal e-mail accounts for public business. and my interview with stage iv cancer patient blocked by president trump on twitter. she's here. you're watching "the beat" on msnbc. plus, when you get a flu shot at walgreens, you help provide a lifesaving vaccine to a child in need through the un foundation. it's that easy to get your flu shot and make a difference. and jared kushner using personal so swing by your local walgreens today. walgreens. at the corner of happy & healthy. but he hasoke up wwork to do.in. so he took aleve. if he'd taken tylenol, he'd be stopping for more pills right now. only aleve has the strength to stop tough pain for up to 12 hours with just one pill. aleve. all day strong. can we at least analyze can we push the offer online? 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>> i'm doing well. just finished up 11th chemo maybe an hour or two ago. glad to be here. >> president blocked you. what do you want to say to him? >> well, i find it both funny and really scary, what's going on in our country. but what i want to say to the president and also to my senator, senator heller, is that 32 million people will lose health insurance if this latest version passes. all of us with preexisting conditions are at risk. this isn't something that anybody plans for. i certainly didn't wake up expecting to have cancer. it came as a complete shock to mement but anybody that has a body is at risk for various deceases or even a bad car accident on the way to work. that's why everybody needs and deserves affordable comprehensive health insurance. >> we have breaking news as you well know since you sat down at top of the hour to join me today talking about your experience. susan collins announced she's going to vote against trump care 2.0. brings to three republican no votes and would appear to save obamacare, although this is not first time we've had this fight. what is your response to the news? >> i think it's great news and i'm glad that senator collins is listening to people in maine and around the country. any given senator is not just voting for their state but for all of us. i'm thrilled. i'm not sure i trust that news yet because we've seen this happen before in the house, where it looked like it was defeated, then it came back again. unfortunately, this bill is like cancer, you think you have it licked, then it comes back. but that's why we're continuing to fight for this right through september 30th. >> totally hear you on that. i want to read to you something from the first amendment center at columbia that we mentioned is suing the president over this. they have the view quote the president is violating the first amendment blocking people from public forum because of criticism of his policies. if first amendment means anything, person can't be silenced by public official because disagrees with what she has to say. wonder your view of that. so much attention on twitter, president uses it too much, uses it to pick fights. you were using to to try to say something to him and were blocked. do you view this as violation of free speech rights the way the president is block you? >> i think as long as president uses his twitter account as part of the presidency of the united states, making official pronouncements and so on, then blocking citizens is removing our access to a part of this government. so i think that not only does it show immaturity and strange choices, to be spending your time playing on twitter when terrible hurricane is demolishing puerto rico and north korea is threatening us all, it's extremely poor choice of his time to spend hours on twitter talking about the nfl or whatever. but apart from that, as u.s. citizens, we should have access to his message. blocking people because he's having a bad hair day or whatever, i think, is wrong. >> it's fascinating to hear your perspective, and you make it so clearly. stay with me. bring in nera tanden, worked with barack obama on health care and hillary clinton. and the nation's john walsh. what do you think watching all of this and is there anything you want to say to laura? >> i think laura's voice is exactly what this debate is about. idea that president trump wouldn't want to hear from her or members of congress not want to hear her voice is insane about the situation. bill does harm to health care system of america and to people. cbo found that millions of people will lose coverage and laura's voice is absolutely the voice president trump and senate should hear from. idea he blocks her is part of the reason we're in this situation. those voices not heard sufficiently. >> the president is such a whiney little man and i salute laura for her effort to speak so calmly and with such information to try to educate him, even if he can't be educated. i'm happy that senator collins has come out tonight but i feel the way laura does, this bill is like cancer. we've seen it, saw it in the house. i would love to see senator mer could youski make it clear he's a no. don't trust rand paul. made a lot of noise last time around and then voted for it. i don't feel particularly safe yet. also add, laura's senator dean heller is not only a voice or vote for the bill, he put his name on this bill. they named it, we don't say whole name but it's the graham/cassidy/heller/johnson, for ron johnson, getting dean heller's buy-in was so important to senator graham. this is not going to go over well for him. >> laura -- >> i have a word to say about that too. >> go ahead. >> i feel extremely let down. we know he knows this is a bad idea. he came out and did the press conference with governor sandoval a few months ago and talked about all the ways this bill would be bad for nevada. we know he knows it, why is he now putting his name on it and trying to take insurance from 32 million americans and put all of us with preexisting conditions at risk? doesn't seem to be listening to people of nevada. >> laura, reading about and watching you online and work you've done in sharing your perspective and story, it's incredibly dignified and courageous, glad you made time to join us on busy news day. given the lawsuit and wider question of whether the president is abusing his power and control over government resources to hear from people, people like you, i guess he didn't want to hear from you, we did. glad you joined us. thanks to you all. next, e-mail controversy in the trump white house. jared kushner and ivanka trump using private e-mail -- sound familiar -- for government business. that's straight ahead. my ancestry dna results are that i am 26% nigerian. i am just trying to learn as much as i can about my culture. i put the gele on my head and i looked into the mirror and i was trying not to cry. because it's a hat, but it's like the most important hat i've ever owned. discover the story only your dna can tell. order your kit now at ancestrydna.com. hey. what can you tell me about your new social security alerts? oh! we'll alert you if we find your social security number on any one of thousands of risky sites, so you'll be in the know. ooh. sushi. ugh. being in the know is a good thing. sign up online for free. discover social security alerts. lock her up. campaigned on lock hillary clinton up on use of private e-mail server. ultimately cleared her. family caught using personal e-mail for yes, government business. today showing ivanka trump used personal e-mail for government work and jared kushner using private e-mail account for government business for months this year. lawyer confirmed to politico, saying fewer than 100 e-mails and all nonpersonal forwarded to official address. that's required under federal law. and russia inquiry could force him to turn over from any account. hillary clinton's use was wider than first reports of these accounts. but proportion was not concern of the trump campaign, argued vociferously that any use of private e-mail was grounds for background check or total disqualification for office. >> it's unbelievable how hillary clinton got away with the e-mail lie, the e-mail scam, the e-mail corruption. she should have been disqualified for running for president from the first batch of e-mails. >> fact she didn't get indicted is disgusting. evasion of justice. bad stuff. >> if hillary clinton were elected, would be the first president to not pass a basic background check. >> joined by peter dow, former clinton aide and the nation's joan walsh. >> hypocrisy maybe, a little? >> what strikes me, these people so arrogant and entitled, so cavalier as to do this. part of a campaign that chanted lock her up over secretary clinton's use of private e-mail. know the extent to which father and father-in-law made this disqualifying for secretary clinton and they can't be bothered to actually obey the rules that apply to government officials like them? i don't know if it's laziness, rules are for other people? as well as bob mueller, i know that congressman elijah cummings, ranking member of the oversight committee would like to see the e-mails. requesting them tonight. >> peter, having common cause with the clinton supporters screaming about this? what do you make of this? >> rightly focused on the audacity. hypocrisy is obvious but sense there's no accountability, with everything we saw in 2016 to go ahead and do this shows a sense they're above accountability and when we see that with public servants that's disturbing. >> part of it is double standards. people seek to tear each other apart. another large part is media culture. put up on the screen. march 2015, back in the day, front page, "new york times," clinton used personal e-mail at state department. big, bold. "new york times," paper of record that influences our political culture. there you see it. "new york times" today, you have to go to a-18 and zoom in far, on "the beat" we have good cameras but zoom in really far. as someone who worked for clinton, what do you think of that? >> i'm not surprised. e-mail story covered more than watergate or any political scandal in history. it's par for the course. double standard but it matters. looking back looking at 2016 but it matters for future elections. >> not that every story has to become another media thing. but does seem with the benefit of not only behindsight but now a live action comparison. maggie haberman covering for the times. not only her but editors, "new york times" management and political culture but 18 pages is long distance for e-mail story that also has what reporters usually like, whiff of hypocrisy. >> not sure why not on the front page. i'm sure maggie would like it, competitive reporter. but back to accountability. this is hard for reporters. been so many scandals, even just looking at jared and ivanka, all the dealings, kushner family offering visas to the chinese, ivanka's trademark issues, president's own self-dealing as people stay at his d.c. palace hotel and make him richer because they want access, mar-a-largo visits and membership. goes on and on. >> before i leave there. ask about verit, the new group you've created, been criticized. but pro-clinton looks worse and worse, pro-hillary website looks like north korean agitprop. filled with curated cards that confirm clinton voters' views. idea of it's another bubble, give you opportunity to respond. >> thank you. so conditioned to hear negative news about hillary clinton, the website i started with wife that simply says positive things about her is looked at as propaganda. it's straightforward and for a specific audience. stuff related to hillary clinton will get attacked but we're driving forward and excited about the project. thanks for asking. >> as we say, but his e-mails. thank you for being here. ahead, why did the federal government wait ten months, until this past friday to tell states they were targeted by russian hackers? and breaking news on health care, stay with us. when you have a cold stuff happens. shut down cold symptoms fast with maximum strength alka seltzer plus liquid gels. if yand constipation,ling and you're overwhelmed by everything you've tried-- all those laxatives, daily probiotics, endless fiber-- it could be wearing on you. tell your doctor what you've tried, and how long you've been at it. linzess works differently from laxatives. linzess treats adults with ibs with constipation or chronic constipation. it can help relieve your belly pain and lets you have more frequent and complete bowel movements that are easier to pass. do not give linzess to children less than six and it should not be given to children six to less than eighteen. it may harm them. don't take linzess if you have a bowel blockage. get immediate help if you develop unusual or severe stomach pain, especially with bloody or black stools. the most common side effect is diarrhea, sometimes severe. if it's severe, stop taking linzess and call your doctor right away. other side effects include gas, stomach-area pain and swelling. talk to your doctor about managing your symptoms proactively with linzess. you totanobody's hurt, new car. but there will still be pain. it comes when your insurance company says they'll only pay three-quarters of what it takes to replace it. what are you supposed to do? drive three-quarters of a car? now if you had liberty mutual new car replacement™, you'd get your whole car back. i guess they don't want you driving around on three wheels. smart. with liberty mutual new car replacement™, we'll replace the full value of your car. liberty stands with you™. liberty mutual insurance. you know win control? be this guy. check it out! self-appendectomy! oh, that's really attached. that's why i rent from national. where i get the control to choose any car in the aisle i want, not some car they choose for me. which makes me one smooth operator. ah! still a little tender. (vo) go national. go like a pro. obviously this was an issue to which i've given a great deal of thought because there are many problems in the affordable care act that do need to be fixed. however it was clear to me that the graham/cassidy bill was not the answer. >> breaking news, republican senator susan collins explaining why she's no vote on the republican attempt to repeal obamacare. could kill the bill and save obamacare on republican opposition. three gop senators on the record saying they're against the republican bill. that's more than they can afford to lose. that news broke in our hour on "the beat" and more. ahead, why didn't the administration tell states which were targeted by russian hackers? with better nutrition- like more vitamins d, e, and omega 3s. and 25% less saturated fat. only one egg good enough for my family. because why have ordinary when you can have the best. eggland's best. the only egg that gives you so much more: better taste. better nutrition. better eggs. better nutrition. i work ovi need when i my blood sugar to stay in control. so i asked about tresiba®. ♪ tresiba® ready ♪ tresiba® is a once-daily, long-acting insulin that lasts even longer than 24 hours. i need to cut my a1c. ♪ tresiba® ready ♪ tresiba® works like my body's insulin. releases slow and steady. providing powerful a1c reduction. my week? hectic. my weekends? my time. ♪ tresiba® ready ♪ i can take tresiba® any time of day. so if i sleep in, and delay my dose, i take it as soon as i can, as long as there's at least 8 hours between doses. once in use, tresiba® lasts 8 weeks, with or without refrigeration, twice as long as the lantus® pen. 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news flash: nobody's perfect. for drivers with accident forgiveness, liberty mutual won't raise your rates due to your first accident. switch and you could save $782 on home and auto insurance. call for a free quote today. liberty stands with you™ liberty mutual insurance. new details on the trump administration's friday warning that 21 states were targeted by russian hackers. the list we now know includes key swing states likes wisconsin, pennsylvania, ohio and virginia that is according to a tabulation from the ap. by waiting ten months to even inform these state, the trump administration clearly added to confusion. a top elections official in wisconsin was testifying this summer that he thought they were not hacked because the trump administration would have told wisconsin if they were. >> is there a right of the public in your state to know? >> yes, i believe there is. if there was a hack into our system, we believe in transparency. we would want to let the public know. >> do you know whether wisconsin was attacked? >> we have not been told that there was an take on wisconsin. >> we have not been told. the trump administration may be moving pretty slowly. bob mueller, though, moving fast. seeking new information from facebook plus white house phone records from air force one. let's get right to it with former federal prosecutor paul butler. why would the government wait ten months to tell these states they were hacked? and do they think they contributed to the confusion we just showed in the hearing? wisconsin officials, i don't think we were. we would have been told by now. >> absolutely. this is the call of the department of homeland security. they had information that certain states have been hacked. we should understand that elections are run by states, not by the federal government. but certainly, states depend on the government for intelligence, including whether the russians are trying to take over the elections. so it's hard not to think of this as a political decision. ari, i don't know if you have heard, but there has been a special counsel appointed to investigate collusion regard to the russians. so there is no good law enforcement reason to sit on this information. so you can politics. >> you taught me a lot over the years about law. and sometimes we get into real tricky, technical matters. this one doesn't feel technical. i'll read to you what mark warner said about it. any homeowner would expect the alarm company to inform them of all break-in attempts, even if the burglar doesn't get inside the house. do you think that's the right way to read it? >> absolutely. states were actually demanding to know from homeland security, you have this information. would you please tell us were we hacked? because we have these very important midterm elections coming up in 2018. and if we were subject to some kind of takeover by the wrierks need we need to know that in order to be secure. >> you know all kinds of different record evidence. what do white house phone logs provide mueller? they're not transcript, presumably. they're just about how long the different calls occurred with regard to the don jr. meeting. what is he looking at there? >> this is a classic law enforcement tool. it used to be called pin registers. it's just a list of all of the telephone numbers that were dialed incoming and outgoing. kind of like caller id. so it gives you information about whether and who donald jr. was talking to. again, it's not the same as a listening device. so not what was said, but really important information that they wouldn't have without the subpoena. we got to remember for subpoenas, the standard probable cause that a crime has been committed. so even for a search warrant, there haste's got to be a showing by the special counsel that's what happened. >> paul butler, i appreciate you making it clear, as always for us. >> great to be here, ari. >> we have brand-new reaction coming into the newsroom here from a voice on obamacare. host jimmy kimmel reacting now to the news that this bill that he has been speaking about all last week may be dead in the senate. i'm going show to it you right after the break. when heartburn hits, fight back fast with tums smoothies. it starts dissolving the instant it touches your tongue. and neutralizes stomach acid at the source. ♪ tum -tum -tum -tum smoothies! only from tums you myour joints...thing for your heart... or your digestion... so why wouldn't you take something for the most important part of you... your brain. with an ingredient originally found in jellyfish, prevagen is now the number one selling brain health supplement in drug stores nationwide. prevagen. the name to remember. i tabut with my back paines, i couldn't sleep and get up in time. then i found aleve pm. aleve pm is the only one to combine a safe sleep aid plus the 12 hour pain relieving strength of aleve. i'm back. aleve pm for a better am. more on that breaking news we've been reporting all hour. reaction already pouring in to the big news that republican senator susan collins registers her no vote on the republican health care bill which could kill the entire bill. jimmy kimmel, who has been such a central voice in this report already tweeting a response, thank you, senator collins for putting people ahead of party. we're natural your debt. one person who hasn't tweeted about health care though after this big news broke, the man tweeting still about the nfl. president trump writing general john kelly totally agrees with my stance on nfl players and the fact that they should not be disrespecting our flag or great country. always timely there with his input. you can always find us on facebook on twitter at the beat with ari. our question is whether you think the coverage of the concurring e-mail scandals has been fair. let us know what you think. i am ari melber. this is "the beat with ari melber." we'll be back at 6:00 p.m. eastern. check out hillary clinton on chris hayes tonight, 8:00 p.m. right up next, "hardball" with chris matthews starts now. political football. let's play "hardball." good evening. i'm chris matthews in washington. once upon a time there were leaders in this very land who faced moments of national horror and did all they could to unite us. there was birmingham in 1963 when people saw fire hoses and police dogs assaulting young african americans. it's when a young president went on nationwide television to say we had to do better. >> we are confronted primarily with a moral issue. it is as old as the scriptures and as clear as the american constitution

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