to get your kayak out. it also being california, some people cars oddly ended up being unexpectedly made for this kind of weather. they're saying this is a once in a decade storm, although once in a whatever time period weather formats right now no longer seem do hold true anymore. they're saying it's the effect of an atmospheric river. they call these sorts of storms the pineapple express. because they say this very wet air is coming from basically the vicinity of hawaii. while this thing is absolutely dousing much of northern and central california today, eight inches on san francisco today, the state still needs another 10 or 20 inches of rain this year to get out of the record drought. let's hope it doesn't all come in one day. thanks for being with us. good evening, lawrence. >> amazing rains out there, rachel. it's really something. we have breaking news tonight. as rachel just reported, the house managed to pass a $1.1 trillion spending bill needed to avert a government shutdown.

but now we know there's a new democratic party sheriff in town and her name is elizabeth. >> who does congress work for? does it work for the millionaires? the billionaires? the giant companies with their armies of lobbyists and lawyers? or does it work for all the people. now the house of representatives is about to show us the worst of government for the rich and powerful. the house is about to vote on a budget deal, a deal negotiated behind closed doors that slips in a provision that would let derivatives traders on wall street gamble with taxpayer money and get bailed out by government when their risky bets threaten to blow up our financial system. this is a democracy and the american people didn't elect us to stand up for citigroup. they elected us to stand up for all the people. >> senator elizabeth warren has seized defacto control of the

democratic party leadership in this lame duck session of congress that is struggling to find a way to finance government. elizabeth warren wants to do it without sur anne arundelering on hard earned legislative victories democrats have already won, including the dodd frank bill regulating the financial industry. nancy pelosi was in favor of the republican budget deal before she was against it. nancy pelosi decided not to fight elizabeth warren in the end but to john her. >> here we are in the house being blackmailed to vote for an appropriations bill. this is a moral hazard. we're being asked to vote for a moral hazard. why is this an appropriations bill? because it was the price to pay to get an appropriations bill. i'm enormously disappointed the white house feels the only way to get a bill is to go along with this.

>> joining me now is nbc news correspondent luke russert and christina delatoni. wasn't nancy pelosi part of the leadership group that agreed to this deal with republicans in the first place? >> yeah. it's kind of a fascinating dynamic, lawrence. you had today president obama harry reid and steny hoyer versus nanty pelosi and elizabeth warren. originally, a lot of democrats in leadership did not think that change to dodd-frank would be a big deal. why is that? back in 2013 when the voice went to the house floor, over 70 democrats supported that. also the big change in campaign finance do nations that went up

to $324,000 per individual, that was directly negotiated between harry reid and mitch mcconnell. make no mistake about it. this deal had the blessing of the leadership and the white house. what changed is what you said, elizabeth warren going to the senate floor yesterday saying if this were to go through, it would show the american people that the system is totally corrupt, the system is for sale. that has a big impact on a lot of house democrats who quite frankly, lawrence, don't have a very good relationship with this white house, have been fed up by being cut out of these negotiations and they decided they wanted to take a stand. i think what we saw tonight, while they weren't able to completely block it after the chief of staff came up here and sort of talked to them and said look, this is a much better deal for us so we can get a spending bill that goes forward until september of next year, we want to take it. but what you saw was for the first time during the obama administration, the left flank saying enough is enough. we're not going to take it. we want to fight on our turf

right now. this is significant because it does show you there's an appetite in the democratic part for purity. who fits purity better? elizabeth warren, much more than hillary clinton. >> and elizabeth warren turned out to be leading much more than the left flank. 139 democrats voted against the bill. only 57 democrats voted for the bill. let's listen to what she said this morn on the senate floor. >> a vote for this bill is a vote for future taxpayer bailouts of wall street. when the next bailout comes a lot of people will look back to this vote to see who was responsible for putting the government back on the hook to bail out wall street. as you head out the door and a spending bill must be passed, are you making it a priority to do wall street's bidding? who do you work for? wall street or the american people?

>> christina, elizabeth warren got 139 democrats in the house to follow her. how many senators will line up with her? >> well, what's really important to know at about this is yes, the house passed the bill, but harry reid said they're going to pass a short-term continuing resolution to keep the government open to give the senate time to debate this measure tomorrow. so anything could happen. when it comes to getting out of town at the end of the year, i would not put anything past law makers of gumming up the system. and elizabeth warren does have a lot of influence right now. we also know that nancy pelosi told her house democratic caucus members, and i quote, i'm giving you the leverage to do whatever you have to do. we have enough votes to show them never to do this again. a that's what a source in the room is telling roll calls reporters.

and this isn't s a real power play between nancy pelosi and barack obama. she's been the least powerful person in leadership at the table for quite a while. and that floor speech today was a real slap in his face. and this was clearly a deal the white house wanted to see passed when they put out an endorsement earlier today. and to allow the republicans to have to pull it you have a and see what would happen wheen the markets went down, it was a really interesting ploy as it all falls apart. >> harry reid asking for time to debate this is not a good sign for the bill. normally, we all know, if you have the votes, you ram them through as fast as you can. him delaying it tomorrow the way it sounds like he's doing, luke, that sound like there could be problems in the senate. >> well, they don't really have another option, lawrence, because of the hour. it's so late. so just the way it would work procedurally, they need these two days in order to move forward.

i don't think they would be able to get unanimous content. but that senate vote is going to be fascinating. the debate is going to be fascinating. you could see ted cruz and elizabeth warren on the same side of the debate. obviously coming from totally different schools of thought, but you're starting to see where things are shaking out, not only with both party, but also the sort of populism that's come up in this. populism on the right against this bill is much of it against immigration reform. i'm fascinated by this debate. i don't think a lot of people think it will be a slam dunk like they thought earlier. >> elizabeth warren has in effect sent a message to republicans, you're going to have to do this kind of thing. you can not count on democrats to step up and do this for you. 162 republicans were forced to vote yes in the house tonight in order to get this thing passed. surely a bunch of them didn't want to do that.

and didn't plan to do it. as recently as 24 hours ago. >> one of our reporters chimed in that jim moran, retiring democrat says this is one of the reasons why he's glad he's retiring in the house because of the way this process works. but when you see someone who is a younger member of the senate, someone who does have that progressive side that is really uniting behind her, she has a voice at the leadership table now. the 114th congress is going to be interesting as mitch mcconnell tries to pull together his disparate republicans, and then elizabeth warren has a voice with harry reid and with the rest of leadership to be able to say we're going to take a bit of a stand here. the word leverage that nancy pelosi used is interesting. democrats, you think don't have leverage. when you have the power in congress, you have the tools to manipulate the floor votes in your favor pretty much run the

table with it. but thinking that you have leverage really says something different about the party. >> thank you both very much for joining me tonight. >> have a good night. >> thank you. coming up, the director of the cia answered the senate intelligence committee's report today, and it turns out the cia director actually agrees with most of the report. a former prosecutor will join me. and just how simple could it have been to get indictment against the officers who killed michael brown and eric garner? an experienced trial lawyer says it should have been easy. i wish... please, please, please, please, please. [ male announcer ] the wish we wish above all...is health. so we quit selling cigarettes in our cvs pharmacies. expanded minuteclinic, for walk-in medical care. and created programs that encourage people

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back at the turn of the century -- i don't mean this century, back in 1910, a computer was a woman. that's what they called women doing certain work in the science labs at harvard university. computers. you will learn about those computers in the "rewrite" tonight. for over a decade,

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the first ever live news conference from cia headquarters. >> the cia has implemented a number of reforms to make sure those mistakes never happen again. >> they didn't go rogue. that's their argument. >> he said we've had enough transparency. >> i think there's more than enough transparency that's happened the last couple of i das. >> that's not what this report was about. that was a pretty big surprise. >> some say they went beyond the scope. >> why do we need to see the report anyway. we got to the bottom of this years ago. >> this government does not torture people. >> boom! >> the united states of america is awesome. we are awesome. >> who are we to disagree? >> agency officers uses interrogation techniques that had not been authorized. >> they were deprived of sleep for days, stripped naked, diapered, physically struck, constantly shackled in isolated cells. detainees were often subject to harsh and brutal interrogation.

>> none of these lapses should be excused, down played or denied. >> who are we to disagree? >> john brennan in what some thought would be a defense of the torture program but instead he made explicit his agreement with most of the criticism of the cia in the senate intelligence committee report. >> the cia was unprepared to conduct and intention and interrogation program and our officers inadequately developed and monitored its initial activities. the agency failed to establish quickly the operational guidelines needed to govern the entire effort. in a limited number of cases, agency officers used interrogation techniques that had not been authorized, were abhorrent and rightly should be repudiated by all.

and we fell short when it came to holding some officers accountable for their mistakes. none of these lapses should be excused, down played or denied. in some instances, we simply failed to live up to the standards that we set for ourselves that the american people expect of us. to address the concerns identified, the cia has implemented a number of reforms in an effort to make sure those mistakes never happen again. >> director brennan said more than once that there were times the cia did not tell the truth about the program. >> there were instances where representation about the program that were used or approved by agency officers were inaccurate imprecise, or fell short of our trade craft standards. >> unlike dick cheney's i'd do it again chant, he's glad that president obama banned torture. >> i believe effective methods are available to elicit.

it is for these reasons that i fully support the president's decision to prohibit the use of eits. >> the only real point of disagreement the cia director has is this. >> the study's contention that we repeatedly and intentionally misled the public and the rest of the u.s. government rests on the committee's view that detainees subjected to eits did not produce useful intelligence, a point on which we still fundamentally disagree. >> and to the crucial question of the day, if not the last two decades, the director of the cia said, the answer is unknowable.

>> did the eits lead to useful intelligence or did they not? you said it's unknowable. which is it? >> what i said was that detainees who were subjected to eits at some point during their confinement subsequently provided information that our experts found to be useful and valuable in our counterterrorism efforts. and the cause and effect relationship between the application of those eits and the ultimate provision of the information is unknown and unknowable. but for someone to say that there was no intelligence of value, of use that came from those detainees once they were subjected to eits, i think that is lacks any foundation at all. >> joining me now is morris davis, former chief prosecutor at guantanamo bay and retired u.s. air force colonel 3 and a former house intelligence committee staffer and a former

defense policy adviser to senator ted kennedy. colonel davis, this is not the dick cheney line of defense, i would do it again. dick cheney said everything that is alleged in that report is completely justifiable. everything that the senate found, you have the director of the cia saying it's abhorrent, things found in that report. the areas of disagreement between the committee and the direct torte of the cia conceptually is not that much. on most of the important points, they actually agree. >> i think you're exactly right. and it was good to hear mr. brennan acknowledge that you really can't say that, as dick cheney tried to make the point that water boarding mohammad in 2002 helped find osama bin laden a decade later. it's good to hear mr. brennan admit you can't make that connection.

while there may have been some good -- he made the point a couple of times they did find some useful information. but for every penny's worth of useful information, we did a dollar's worth of damage. i think it's right it's good it stopped. i never heard him say torture and i never heard him say crime. that's what these are. >> that would be the step they simply can't go to for a bunch of reasons, including legal reasons at this point. if the director accepts that word and uses that word, that could create some legal complications. >> i think that's right. the cia has worked very hard to avoid legal liability for its personnel. the cia does have a challenge when it comes to prosecuting things like this. i think they want to avoid that if they can. >> colonel, when the director says that this -- some of these

cases were investigated and they did not find prosecutable cases, i find that language interestingly careful. and it may be that they simply didn't have enough evidence to prosecute, or they wouldn't have been able to prosecute a case without revealing revealing classified information that they did not want to reveal. that, in fact, there could have been very damning evidence there. but the process of prosecution would have ended up revealing too many secrets. >> well, you know, ronald reagan presented the convention against torture to the senate for ratification in 1998. in it, he said there's no justification whatsoever for torture and the signatories have an obligation to either prosecute to those engaged in torture or send them to a jurisdiction that will prosecute them. looking forward, not book, using the specter of secrets is not an option.

this is another area where the president needs to show some leadership and live up to the commitments that we've made. given the choice between ronald reagan and dick cheney, i would side with ronald reagan on this. it torture answer abhorrent process that an american needs to lead the way and live up to our obligations. >> let's listen 20 director brennan on another question of the day. exactly what did they use to peace together the trail to find bin laden. >> it is our considered view that the detainees who were subjected to enhanced interrogation techniques provided information that was useful and was used in the ultimate operation to go against bin laden. again, intelligence information from the individuals who were subjected to eits provided information that was used in that. again, i am not going to attribute that to the use of the eits.

i'm just going to state as a matter of fact, the information that they provided was used. >> it sounds as tepid a claim about this kind of information leading to the capture of bin laden. he does not say that that information led to the capture. he simply says it was useful and it was used. there's all sorts of information in any investigation that's useful. but it isn't decisive. and what dick cheney's side of this argument has been saying all along is oh, no, no, this information, the torture-obtained information was decisive. bin laden would still be in hiding were it not for that. >> i think brennan is blurring a difference between sources and methods here. he's saying the high-value detainees had really valuable information that they used to find bin laden. and they were sources of that information. but the real question the senate was going after was, what was the method that they used to elicit that information. in this case, the senate was looking at the question of

whether or not the eits were the method that you had to use. and brennan is not actually answering that question. he says the answer is unknowable. but when you look at the records, you can see that plenty of information was gained prior to the use of the eits themselves from those detainees. >> let's listen to what he said about these interrogation techniques and whether or not they are torture. >> first of all, i certainly agree that there were times when cia officers exceeded the policy guidance that was given and the authoritized techniques that were approved and determined to be lawful. they went outside the bounds in terms of their actions as part of that interrogation process. they are harsh. in some instances i would say they're abhorrent. and i'll leave it to you to label those activities.

>> john mccain said we engaged in torture. and once we've admitted we engaged in torture, we have a duty to live up to our obligation. this is a starting point, not an ending point. >> one thing i find interesting about the defenders of the program is not one of them is saying with eneed that program now. let's reinstate it immediately. >> director brennan is leaving open the possibility that it would be used in the future. what we're seeing is not only are these a real stain on the moral character of america, but they're also not effective. they elicit false information. detainees will tell you whatever you want to hear to get the torture to stop. it also warps their memories.

what we found is that it's really not the best way to get information out of them. we shouldn't be using them for a variety of reasons ever. >> thank you both for joining me tonight. coming up, i asked the question, what is a computer? a computer is a machine, we all agree on that now. but a computer used to be a woman in some scientific research projects. the computers they used way back when were actually women. that's in the "rewrite." and howard dean is next with his reaction to just what happened tonight with democrats in the house. thanks. ♪ [ male announcer ] fedex® has solutions to enable global commerce

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>> this change could pose serious risks to our economy. it could also make a lot of money for wall street banks. >> join meg now, former vermont governor howard dean. governor dean, quite a spectacle tonight in the house of representatives, watching the reach of senator elizabeth warren across from the other side of the capital into the house. she clearly is the leader on this subject at least, of that heart. >> she is. and she happens to be right. wall street wasn't corrected by dodd frank. wall street is a necessary institution in a capitalist

society because it allocates capital in an efficient way to be sort of brief about it. the problem is that much of what wall street is dieng these days has very little to do with creating jobs or allocating capital. and what a derivative is is essentially a bet. and about 15% of the derivatives are needed and good thing, because it helps you keep risk low erp when you're making an investment. the other 85%, which amounts to trillions and trillions is simply a bet on the direction of interest rates or markets. it has no useful purposes. that's where they get a lot of their profits. capital ralized mortgages, they don't hold the paper there. same with interest rate swaps. so wall street has really failed us as an institution. elizabeth warren is calling them on it. >> let's listen to what they said yesterday that started to turn this vote around for

democrats in the house representatives. >> we put these rules in place after the collapse of the financial system because we wanted to reduce the risk that reckless gambling on wall street could ever threaten jobs and livelihoods on main street. we put this rule in place because people of all political persuasions were disgusted at the idea of future bailouts. why in the world would anyone want to repeal it? let alone hold the entire government hostage in order to ram through this appeal. the reason unfortunately is simple -- it's about money, and it's about power. because while this legal change could pose serious risks to our entire economy, it will also make a lot of money for wall street banks. according to americans for financial reform, this change will be a huge boon for a handful of our biggest banks.

citigroup, jpmorgan, bank of america. wall street spends a lot of time and money on congress. >> and now harry reid is promising a debate on this in the senate, a republican vote just sent this vil loefr to the senate. howard dean, i cannot wait to see this debate. because the most thankful possible role on the senate floor is going to be a democrat standing up there trying to argue with elizabeth warren on this subject. i can't imagine what that looks like. >> it's going to be very, very tough. the belief that this could lead to further bailouts is right as well. they're making it easier to use wall street as a gambling casino. that's very bad for the country and bad for wall street, i think, in the long run. i come from four generations of wall street, and my mother keeps

telling me, your father would be rolling over in his grave if he saw what was going on down there now. it really was shocking. and this is a mistake to do this. it's not -- i don't believe there's anything wrong with banks making money. i don't hate banks and i don't hate wall street. i do really, really worry that we are undermining our financial system. these banks are too big to fail. that's not been a problem that's been fixed. if you do things like this, there will be another collapse and we will bail them out again and we will have no choice. >> let's talk about elizabeth warren now the power broker in the capitol. harry reid brought her into the leadership. he had to create a new phony title into the leadership to bring her on to the leadership team. when you have one of those titles no matter how phony they are, the deal is you get in line with the party votes.

she doesn't care about this title he gave her. she's going to go out there and fight harry reid on the senate floor on this bill. >> i bet there was some tea party people that would agree with her. whether they can vote this way or not, i don't know. the tea party got started because of kind of abuses that used to go on wall street. i don't think they want to bail out banks more than anyone else. you may very well see the republicans can't hold their votes together either. >> when you see this happen, what it means for leadership, what it means for chairman trying to see if a bill can move and their republican committee, they're going to have to check with elizabeth.

no democrat is going to want to go out on the senate floor again and run into opposition from elizabeth warren. >> right. her point is well taken. she knows this stuff inside out. most people in congress don't know this stuff. you can't know it. it's unbelievably complicated and they have zillions of other issues they have to know. she has strong believes and she knows what she's talking about a lot. >> everyone there knows she knows more about this subject than any other senator. and she is probably in very short order going to know more about most subjects than any other senator. >> the most interesting -- one of the fascinate things here is

this is such a washington thing. so they wanted to get this bill through. it's necessary to get this bill through. and yet, so they put stuff in there that they think nobody will notice or care. we, they ran into the wrong person, because elizabeth warren did notice and she does care, and we should all care as well. >> howard dean, thank you very much for joining me tonight. >> thanks very having me on. coming up, prosecutors didn't get indictments in ferguson or on staten island. but my next guest said he would get indictments in both of those cases. and in the "rewrite" tonight, another episode of on this day in history. this one starring the woman who told us what we're actually looking at when we look up at the stars. ♪ (holiday music is playing) hey!

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>> i've been telling you this week, the kids in need of desks fund. these desks that we have built in malawi in africa and then delivered to african schools that have never seen desks for students, never seen desks, the teachers never had desks. she's been krbting to that k.i.n.d. fund and helped us raise so far $7,936,595. that's been just an incredible burst of generosity from you to get us to this point. also talked to you about the importance of girls education and why we added a girls scholarship fund to the k.i.n.d. fund because high school is not free in malawi and other african countries. and girls are usually the kids in the family who don't get the tuition money if the family has any tuition money, to send one

of the kids to school. and so we have created a fund just for sending girls to school in malawi. there's an ur gent need to get more girls in school and we' crossed, as you know, this week, we've crossed the $1 million mark on that fund. we are at $1,057,792 for girls scholarships. malala talked this week about the importance of girls education. she talked about in the developing world a situation where the leader, some of the more affluent people send their daughters to school but no one else gets to go to school in those countries. that's actually the way it was in this country not that long ago. . if you go back to the turn of the century, there was a book written by a harvard professor saying that education was harmful to girls, physically harmful to girls. that it would interrupt and mess up their reproductive health.

and so the history of girls education was a difficult one in this country and i'm going to tell you more about that difficult history of girls education in this country next. in tonight's "rewrite" turn the trips you have to take,

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machines, they were women. those women made records of the data observed by professor pickering and some astroners, all men, who did the manly work of gasing at the stars and photographing thenl through har ward's powerful telescope. doing the calculations and the computations necessary for the data to form a pattern and tell us about the university fell entirely to women. women computers. it didn't b start that way. professor pickering had a young harvard man doing that work for him, computing. but professor pickering was so frustrated with the quality of the young man's work, he once said his maid could do a better job. and so professor pickering fired

the harvard man and replaced him with his maid. wilamina fleming who did a better job, even without the benefit of a college education. she actually turned out to be so good that she was eventually appointed curator of astronomical photos, photos which are the raw data sheets with which they have mapped the universe. after being dazzled by fleming, professor pickering then hired only women as computers. to manage his team of computer, he hired annie cannon who was born on this very day in history in 1863, which is why she's being celebrated today on her birthday with today's google doodle. well, a google doodle seen around the world is not nothing,

but like most women in science, annie cannon has never been given enough credit for her work. annie studied physics and astronomy at wellesley, a women's college not far from harvard. annie's mother actually got her interested in astronomy. annie's parents fully supported her educational pursuits in a day when college was a vary choice for girl, even for wealthy families who could afford it. just seven years before, annie started college at wellesley, a harvard professor published a book entitled "sex in edge case" which this eorized that women couldn't bear the strain of education. that all that cognition, all the computing that a young woman would have to do in college would actually interfere with a young woman's reproductive health. as it happened, annie cannon never married and never had children.

she was devoted to the stars. using professor pickering's telescope, photographs of stars, annie cannon classified more stars than anyone else, anyone else in history. over half a million stars. she actually created the classification system for stars that was formally adopted by the international astronomical union in 1922, and it is the classification system that the world still uses today. it is called the harvard spectral classification. if she had been a man, anthony cannon, it would have been called the cannon spectral classification. annie cannon died at the age of 77 in 1941. the national academy of sciences did not admit its first female

astronomer until 1978. happy birthday, annie cannon. and thank you. >> a protest on the steps of the capitol. ♪ health can change in a minute. so cvs health is changing healthcare. making it more accessible and affordable, with over 900 locations for walk-in medical care. and more on the way. minuteclinic. another innovation from cvs health. because health is everything.

>> a protest on the steps of the capitol. more than 150 staffers protested quietly before the senate chaplain led them in prayer. several members of congress joined them. coming up, defense attorney in california who says he could have gotten an indictment in the ferguson case and in the staten island case. we'll explain that next.

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i could get one in either case. in fact, i'm ready to get an indictment in any case where a police officer kill answer unarmed civilian. it's just not that hard. joining me now is that public defender seth morris of alameda, county, california. tell me about -- demystify this grand jury process where everyone is saying oh, it's so hard to go in there and present a case against a police officer that the grand jury naturally sympathizes with, and it's so difficult for them to return an indictment against a police officer. they naturally sfrp thiez with. >> sure. lanks for having me on. >> in a lot of casingser these are easier than normal cases. you know the intent. both ways, one where you're an officer or any person takes a firearm and points it at another

person and unloads six rounds into a body, two rounds into their head, their intent is to kill. like wise when you put your arm around someone else's neck and take them to the ground until they stop breathing, your intent to kill. what the prosecutors did was they presented the defenses. they presented mitigation and they brought what would be the defendants into the grand jury room to explain their actions. that's exceedingly rare. that's an aberration of the process. my clients are never asked to explain what they did in front of the grand jury. the point of a grand jury is to indict. the role of the prosecutor is to indict. the defendant can explain himself at trial. a prosecutor should never be explaining away the actions of someone to a grand jury. it's just completely incomprehensible, an abdication of the prosecutor's duty.

>> and in both cases as far as we can tell, and one we can actually read what the grand jury said -- the prosecutor said, there was absolutely no hint of a suggestion that a police officer after killing ai unarmed person would have any incentive to say anything that wasn't absolutely true. >> right, right. remember that when police officers are involved in shootings, they are immediately provided counsel before they give any statements to investigators. on the contrary, when a nonpolice officer is arrested for a shooting, the police do everything they can to avoid bringing in an attorney into the interrogation room. and the supreme court, if you look at the case law, it's actually extremely difficult to protect the sixth amendment right to counsel. you have the miranda warnings but someone has to clearly invoke their right to counsel.

if a criminal suspect says i think i want a lawyer, the police can continue questioning them. it's a completely different process and it's unfair. these men who happen tor police officers should held accountable, just like anyone else. >> everyone else should be seth morris' article in "the washington post." thanks very much for joining us tonight. "hardball" starts right now. ♪ senator warren takes on president obama. let's play "hardball." ♪ ♪ good evening, i'm chris matthews in washington. tonight the democratic army of the future is on the march, led by senator elizabeth warren. members are attacking that trillion dollar spending bill agreed to by president obama himself. the issue, a provision in the bill that would pull back the