liberties methodology, a methodology that is true to the united states constitution, none of that at all. in fact, it is rooted in matters of fear, and it kind of is a cruelty that is inflicted against women. and let's be clear, the women that this is being inflicted on are amongst the poorest of women. and also, we should keep in mind, children, too, girls who have been affected by this antiabortion lawmaking, including girls that have fallen victim to incest and rape, and are now mothers at 10, 11 years old. >> michelle goodman, thank you for your time. appreciate it. >> thank you. that is "all in" on this wednesday night. "alex wagner tonight" starts now. could you can, alex. good evening, my friend. we are going to begin where you touched up upon earlier this hour, the flag. >> you are doing flags? i did flags. i can't -- i can't! >> i can't! >> another flag?

>> another one. >> is that a third home? >> timeshare? do we need to know about it? >> a timeshare, a third right- wing flag? we will see. >> checked the basements, check the attics. thank you, my friend. this is an image from just outside the capital on january 6th. you can see a lot of trump 2020 flags, but these in the white flag there, on the left of your screen with the image of a pine tree on it. do you see it? if you look closely, it says "appeal to heaven" on the top. here is an image of another one of those flags being flown on january 6th, and here is another one. multiple rioters waived that "appeal to heaven" flag as they descended on the capital that day. the flag itself dates back to the american revolution, but like the dentist and flag, also known as the "don't tread on me" flag, it's revolutionary war history has been reviewed by its contemporary

significance. this has become the new banner for the christian fundamentalist wing of trump's stopped the steel movement, and that is thanks to this guy, dutch sheets. yes. i know that sounds like the name of a linens company in the netherlands, but it is actually a person. dutch sheets is a prominent evangelical minister on the american right. here is how he was described as pbs news hour earlier this year. >> dutch sheets is perhaps the most ardent trump supporter in the new apostolic reparation. he is the one who may have done the most of any christian leader in the united states to mobilize folks to try to overturn the 2020 election, and to make sure to attend january 6th. over the last 10 years, the appeal to heaven flag has been popularized by dutch sheets. that's -- dutch sheets sees the flag as a resolution. if you look closely at january 6th, you will see dozens of

appeal to heaven flag. it may have a long history, but in the long context, it has a very specific meaning. >> and dutch sheets has presented this appeal to heaven flag to a number of conservatives over the years, he gave one to former alaska governor, sarah palin. he wrapped a conservative candidate for indiana governor in the flag earlier this year. but even if sheets isn't the one gifting that compass flag is very much in circulation. the speaker of the house mike johnston has displayed one of those flags outside of his congressional office. in october 2020, donald trump attended a mega church service in las vegas, where he was presented with his own appeal to heaven flag. it has flown somewhat under the radar for a lot of people, and maybe most people. but, in the last decade, the appeal to heaven flag has come to be associated with the christian nationalist movement here in america, and since

november of 2020, it has come to be associated with the efforts to overturn the 2020 election, which is what makes this all social -- so shocking. here is the new york times headline from just a few hours ago. "another provocative flag was flown at another alito home." photographs obtained by the times on four separate dates show that the appeal to heaven flag was flown over the new jersey vacation home of supreme court justice samuel alito in the summer of 2023. this was not done surreptitiously. you can see it on google street view. here is the picture of the house that was taken last august. a supreme court justice proudly flying the flag of christian fundamentalists and government insurrectionist in front of his home, in daylight, for everyone to see, even google. and it is not the first time! five days ago, the new york times discover that another symbol of the january 6th movement, an upside down american flag, flew over

justice alito's home days after the capital insurrection. now, justice alito blamed the incident on his wife, saying she ran the flag of the pole during a dispute with their neighbors, which is decidedly not a normal thing . but, did anyone really expect that there were more flags to come? how many houses do the alitos have? for the record, justice alito has not yet given an explanation as to why another flag associated with the insurrectionist flying over yet another one of his homes. and it should be noted that at the time this appeal to heaven flag was flying over the justices home, the supreme court was actively considering cases involving january 6th defendants. in august of 2023, several january 6th defendants had informed the supreme court of their intention to challenge the constitutionality of a federal crime they had been charged with, obstruction of an official proceeding. it is a crime that donald trump has also been charged with by

the special counsel's office, and when that case finally came before the court for oral arguments, this was the tenor of justice alito's questions. >> so, we have had a number of protests in the courtroom. let's say that today, five people get up one after the other, and they shout either, "keep the january 6th insurrectionist's in jail," or "free the january 6th patriots." and as a result of this, our police officers have to remove them forcibly from the courtroom. would that be a violation? >> i think it is in a fundamentally different posture than if they had stormed into the courtroom, of her on the supreme court police, require the justices and other participants to flee for their safety and done so with earlier evidence. >> absolutely. what happened on january 6th was very, very serious and i am not equating this with that. >> what happened on january 6th was very, very serious. so says the man who had a flag associated with that insurrection flying over at least two of his properties.

the new york times reports that when they visited justice alito's vacation house on wednesday of this week, the flagpole was bare. so, the flag was now gone, but the work of this court continues. joining me now is michelle goldberg, new york times opinion columnist and author of "kingdom coming: the rise of christian nationalism." also, joseph stearns, late- night magazine, covering the courts and the law. thank you, both, for being here. michelle, what was your reaction when you saw this headline? >> on the one hand, completely predictable. justice alito is exactly the person that a lot of us thought he was. >> fly another flag, right? >> my colleague wrote this column about how he is a true believer. he is not a fox news producer, he is a fox news watcher. he has kind of very similar opinions, i think, to a lot of other cliquish men in their 70s. he just happens to have lifetime, unaccountable power over the constitution of the

united states, and has been extremely contemptuous of any efforts not just to rain in that power, but to enact a code of ethics on the supreme court. it is worth pointing out that the supreme court just -- you know, under pressure -- just adopted a code of ethics that said justices should recuse themselves -- i don't know if i will get the language exactly right -- but i think when it can be reasonably inferred, that when there might be reasonable doubts about their impartiality, something to that effect. how can anyone reasonably believe that justice alito is remotely capable of being impartial around a cause that he cannot resist -- he feels so strongly about, that he cannot restrain himself from flying banners over multiple properties? >> you know, mark, justice alito's wife was blamed for

the first flag incident. i thought it was very telling that the justice had nothing to say to the new york times when asked for comment. what is your immediate assessment of how damaging this is to the court? >> well, i think the justice was caught red-handed on this one. it is not going to be able to shove off blame to his wife. my immediate reaction is that this is, of course, it's terrible look for justice alito, a terrible look for the supreme court on the eve of yet another day when the justices will be handing down opinions. tomorrow morning at 10:00 a.m., we will be getting major opinions in cases that could involve things like abortion and gun control, and alito may well be providing the deciding vote in some of those cases, and the nation will now know that the guy who tipped the scales one way or the other in some of those cases also flew a flag intimately associated with the insurrection at his beach house. but, i just want to say, i feel like what is so damning here is that justice alito has clearly broken this sort of implicit

contract that the supreme court makes with the united states of america and its citizenry. you know, the supreme court justices are supposed to act with dignity and honor, and impartiality. not just because they derive their legitimacy from all of that, from their black robes, the simple, black robes that show they are just normal judges dispensing justice -- but, because when they go badly awry, we cannot do anything about it. we can't vote them anything out of office. we can't recall them. there is virtually nothing that the american people can do about a justice who has gone as lawless and rogue as samuel alito evidently has. so, it almost sort of -- it can be compared to the british monarchy. the reason that it still exists in its current form is because queen elizabeth was able to preserve this image of integrity and decency for so long and the public respected it. alito is shattering those efforts by the rest of the supreme court, or some of the rest of the supreme court. it is not going to lead to a

good place for them, because again that is really the only place they drive their power from. they don't have an army to drive their decisions. when they lose respect, they lose authority. >> that is such a good point, mark. it almost feels like he is doing it because he can, because he knows that there is no accountability. >> right. >> it is owning the libs in the most spectacular fashion. >> right. it is like, who is going to stop me? the two things that mark said, he talked about the implicit bargain that the supreme court has with the united states. or, pardon me, with the american people. but, part of trumpism has always been to disregard those implicit bargains, all of those norms. it has always been, who is going to stop me? and so, justice alito clearly could care less about whether his exercise of power is seen as legitimate in the eyes of the people who disagree with him, and i think that is where it ties in, justice alito as a catholic, the new apostolic reparation is a kind of species of pentecostalism. but, in as much as they see a

right to rule for certain citizens with certain beliefs and a lesser sort of citizenship for everyone else, i think it's very much fits in with this. who cares if you think i am fair, or just, or my authority as well exercise? i have it, you don't. >> not even trying to cloak it in some other broader notion of jurisprudence. mark, the assumption at this current hour is that not much can be done about this. we know that chuck schumer -- i believe this was earlier today before this new york times story broke -- suggested that he is discussing where to go from here with senator durbin, who is the chair of the senate judiciary committee. but practically speaking, all roads lead to john roberts, is anything meaningful going to be done? or, do you think congress can enact something? i say that with an eye roll, not intentionally, but reflexively.

>> i know some house democrats are saying that if they take back a majority, they will hold hearings on this, they will investigate. i think that is a positive step for anyone who wants accountability here. i think it is very unfortunate when senators on the democratic side say, well, we won't really be doing anything about this because we don't have any meaningful options. they will ignore our subpoenas, they will laugh in our faces. that only feeds into this arrogant that justice alito is riding high on right now, this sense, as michelle noted, that he is above everything, and that he is able to flaunt it, it is in our faces. you know, justice alito is very cloistered. he doesn't have anyone in his circle to puncture this sense that he is above all public criticism, and equal to trump in the sense that no one can stop him because he has this sort of unlimited power. and i think that if democrats don't even bother to try to puncture that sense of community that he has, if

democrats just give up and say, "well, we tried a few subpoenas, they ignored them, what can we do now?" that is going to get alito even further to the right, it will push them to new extremes, or at least allow him to reach those extremes within his bubble, and that is going to come out in his decisions. we are watching his decisions become increasingly unhinged. his questions from the bench are deranged at this point. his opinions are infused with radical christian nationalism. if all democrats can muster in response to that is a shrug, then he will say, "i guess no one is going to stop me," and he will continue pulling the law in that very dark and dangerous direction. >> so well said, and also the danger of a judge acting with impunity on the eve of potentially instilling in the next president, potentially donald trump, absolute immunity. i mean, the idea of a representative democracy appearing to dissolve before our very eyes, and mark brings

up, and you bring up the infusion of christian nationalism. when you look at what is happening in congress, you look at what is happening in the legislative branch, vis-@-vis the legislative party, what is happening in the judicial branch, two of the three branches of our government have become hotbeds of christian fundamentalism. >> right, and i think the same thing will follow the executive branch if donald trump is re- elected, because he has plans to bring in a whole entourage of people. i mean, donald trump is not a practicing christian, although he might be a christian nationalist in terms of his beliefs and who should be privileged in our society. but, he has plans to remake -- or, the people around him have plans -- to remake the entire executive branch. and this is just sort of a tiny example, a symbolic example of what that looks like. it is sort of just completely unaccountable, you know? maybe we had norms and standards before, but our new army is going to enforce them. >> you know, mark, in the context of the broader history of the court, this has been the project of the right wing since ronald reagan. >> yes. >> and what is so astounding

and to some degree, appalling, the way that in which it is in full flower 40 years later, a dedicated effort to reverse social progress, dissolve the barrier between turk church and state, and see a right-wing takeover of the judiciary, it almost seems complete on a night like this. >> absolutely. and i think the great lesson that the reagan administration imparted on some of its younger foot soldiers, like mitch mcconnell who are now leading the republican party is, if you capture the courts, you don't even have to win elections. you know, passing laws through democracy is really unwieldy. it takes forever. it is expensive. those laws can be refueled, those lawmakers can be voted out. but, when a judge does a, well, if you can't get that overturned on appeal because the supreme court has been captured, as well, that is just the law of the land and it might stay that way for decades. this is, indeed, a project, and

it does feel like tonight like the project has succeeded. but i will say, for many decades, the conservative legal movement fills they were failing. it took them nearly 50 years to overturn roe. a lot of progressives might be dispirited today, but if they aren't playing the long game, then they really aren't playing to win at all. >> michelle goldberg, mark joseph stern, thank you for joining me on this unbelievable evening tonight. i appreciate it. we have a lot to get to this evening, including any right wing attempt to make joe biden into an assassin. plus, trump's latest arrival and last rival for the republican presidential nomination finally broke her silence today and did the thing everybody else in her party is doing. that is next. at is next.

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donald trump is turning the republican party into his own playpen, where it is all about him. but, times change, and so has trump. he has gotten more unstable and unhinged. so, you can vote for him all day long and he can come out of this primary, but he won't win a general. if you mock the service of a combat veteran, you don't deserve a drivers license, let alone being president of the united states. he showed that with that kind of disrespect for the military, he is not qualified to be the president of the united states, because i don't trust him to protect them. no matter what donald trump thinks, he can't bully his way to the white house. it's not going to work. >> that is what it sounded like

when nikki haley was challenging donald trump for the republican presidential nomination, and this is what it sounded like today. >> trump has not been perfect on these policies. i have made that clear many, many times. but, biden has been a catastrophe. so, i will be voting for trump. >> joining me now is mark leibovitz, staff writer at the atlantic. like the air going out of a balloon, i was struck by the feebleness of this -- are we calling it an endorsement? i guess we are. did this strike you as a planned event, a planned set of remarks for nikki haley this afternoon? >> it was clearly planned because she hasn't said anything for a number of weeks, even months now, and this has anticipated that as much as we would see, i guess funnily what she is going to do. i wouldn't call it a surprise,

i wouldn't call it a full throated endorsement, but i think her actually using the word catastrophe next to joe biden is actually quite devastating to the biden campaign. i mean, the thing about haley is, you can do a greatest hits of flip-flops of pretty much every republican out there, there is a 2016 version, a 2020 version, haley has one from 2021, 2022, 2023, she is really illustrious and you just had a good sampling here. but, look, i mean, she is voting for trump and there are -- i mean, she obviously still has a lot of people voting for her. the question is, does she control those votes? i think that is what made her words today quite important and potentially quite harmful to the biden campaign. >> can you elaborate on that, on whether she controls her supporters? because in this endorsement, she made it clear that she wasn't going to support -- i'm sorry, that she was going to support trump, but encouraged him to continue his outreach to them. >> continue his outreach, yes.

>> to your point, is nikki biden calling -- nikki haley calling biden a catastrophe enough to move that 20% of the electorate to vote for the ghost candidate on the is primary, is that enough to move them into the arms of donald trump? >> probably not. but, catastrophe is a very strong word. she didn't have to go after biden that hard. she could have said, i don't like this choice at all, he has not been perfect. and then, of course, she says, he needs to continue to reach out, or he needs to reach out -- that is not going to happen. and i would be surprised -- i mean, i would be surprised if donald trump were gracious in the face of this quasi- endorsement from nikki haley. i mean, i think much more likely, he will do the less than graceful thing. and frankly, the un-strategic thing which, you know, could be a saving grace to the white house here. >> mark, what does it tell you about the future of the republican party? even if donald trump loses in november. i mean, i think it is still worth noting, mitch mcconnell, bill barr, ted cruz, these people that were seen as anti-

trump stalwart -- had strong words for trump, if not never trumpers have all capitulated, and then nikki haley, who i think people pinned their hopes on as someone who could be the next generation of the republican party of donald trump's latest bid for the presidency ends in failure again. but, as of today, what happens to the gop? >> it really is dispiriting for people who are biased on the side of normalcy, i will say that. i don't quite know what post trump republican future nikki haley is waiting for. i mean this is, what, year number eight of that? that is not happening anytime soon. even if it did, i can't imagine people would be flocking to her. it is disappointing. and look, we know trump. today, between the last couple of days, and the racist stuff about the judge, the unified right saying, they always have the stroke about, well, i like

a lot of his policies and then when you drill down and say, what policies are those? do you like the child separation policy? you like the end of obama care? going against ukraine? by the way, nikki haley was extremely supportive -- i mean, she was almost heroic in her support of ukraine, quite alone in the republican field. and of course, donald trump, we know what side he is on here. so, anyway, it is dispiriting. frankly, what always gets me is the people who know better. i think frankly nikki haley is someone who knows better, and also disappointed she went after biden the way she did. >> and i think it deserves a moment to unpack what "catastrophic" might mean for nikki haley, because as a former u.n. ambassador, someone who has a hawkish foreign policy position, who is decidedly at odds at a substantive level with everything donald trump supports, whether that is leaving nato, whether that is not funding ukraine, whether that is being in the pocket of

russia, it is hard to imagine how trump is worse than biden -- how biden is worse than trump, on any single piece of meaningful policy, and yet, biden is the catastrophe. i mean, do you think in her mind she is thinking of a laundry list of things beyond -- i don't know -- i guess, afghanistan? >> i would say, afghanistan. and yes, she did talk a lot about the border. i mean, the border is kind of the go to issue that a lot of republicans will use when they are talking about biden, specifically. now, again, you can drill down, you can wonder, what about trump's policies? what about the wall he didn't go to? the child separation thing? i mean, they usually don't have a good answer for that. but, that is always a top three issue these days, so that is always the first thing people go to. i mean, look, if biden loses to trump, it is a catastrophe, it is an absolute catastrophe. i don't think that is what nikki haley meant. i think nikki haley probably would find it more catastrophic if her ambition were thwarted on this level, at all. but, look, it is very disappointing, but not at all surprising. >> yes, i absolutely agree. i never thought that we were headed for any other outcome other than this, but it doesn't

make it any less appalling. mark leibovitz from the atlantic, my friend, always good to see you. thanks so much. >> thanks, alex. coming up, lawyers for donald trump were back in florida courtroom today trying to throw out the case against him, while trump believes the mar-a-lago case is proof that joe biden wants to assassinate him. that is next. at is next.

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shocking, new revelation. pay close attention to this.

>> it is quite shocking, what we have been able to glean. >> newly released court documents releasing shocking details about the fbi's august 2022 raid on mar-a-lago. >> if you turned on fox news in the past 24 hours, odds are that you heard there is a shocking, new revelation that just came out of some new, unsealed court filings in donald trump's stolen documents case. today, one of trump's co- defendants in that case, his body man, was in court trying to get the case tossed out, which wasn't all that shocking. what was shocking were the two never before seen photos we got from one of the newly unsealed filings that shows him moving boxes all around mar-a-lago. but, that wasn't the revelation that shocked fox news. no. these newly unsealed filings also contain the revelation that classified documents were found in donald trump's bedroom, four months after the fbi searched mar-a-lago. but again, nothing from fox news on that revelation.

instead, the revelation that shocked fox news was this. >> biden has politicized attorney general, merrick garland, at joe biden's weaponize doj actually authorized -- get this -- the use of deadly force during that august 2022 raid at mar-a-lago. >> now, the issue here is that this is not true. the language in the mar-a-lago search warrant was boilerplate's, words used in every fbi search warrant. it wasn't slipped in by the department of justice for this one search. but, yesterday after these filings were unsealed, here is the fundraising email donald trump sent his followers. "it has just been revealed that biden's doj was authorized to use deadly force for their despicable rate in mar-a-lago. you know they're just itching to do the unthinkable." "joe biden was locked and

loaded, ready to take me out." reality would suggest otherwise. the fbi used kid gloves when they searched mar-a-lago. the agency informed the secret service in advance of its search. they used plainclothes officers to spare trump as much embarrassment as possible, and crucially, they planned this search for when they knew trump was in new york, more than 1000 miles away. despite all of those facts, right wing media is picking up this lie, that joe biden wanted to kill donald trump down in mar-a-lago, and they are running with it. >> this was an attempted assassination attempt on donald john trump. >> why was merrick garland prepping for a possible, what, shootout? why did agents roll up, guns at the ready? >> maybe they wanted the engagement of physical force. >> deadly force, does that mean that joe biden was authorizing the fbi to -- if it came to

that and he resisted arrest, it would be okay to kill donald trump? >> it is not just right wing media that is pushing the slide. congressman paul go so treated, biden ordered the hit on trombetta mar-a-lago. representative marjorie taylor green tweeted, the biden doj and fbi were planning to assassinate president trump and gave the green light. president biden was not trying to kill his political rival. but, you know who doesn't think that is a bad idea? donald trump. his lawyers literally argued before the supreme court that as president, donald trump should be allowed to assassinate his political rivals. and where was the right-wing shock then? congressman dan goldman joins me to discuss all of this, coming right up, next. next.

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donald trump's campaign against the justice department and the fbi has led to violence as well as threats against judges and law enforcement. no trump is claiming that the fbi and law enforcement were out to kill him during the 2022 search of mar-a-lago. that is not a theory that is based in fact, but the consequences of it could very well be real. i'm here with shannon senator chuck schumer on the floor of the senate today.

>> what donald trump said, falsely suggesting that his political opponents are out to kill him is beyond the pale and is the stuff that leads to political violence. everyone that was here on january 6th should immediately see what he is doing, what donald trump is doing, using conspiracy theories to spin the hard right into a frenzy. this is how people get killed, how the seeds of political violence are sewed, and how people lose faith in this democracy. donald trump has no regard for that. >> joining me now is congressman dan goldman, democrat of new york. he served as lead counsel in trump's first impeachment. congressman, it is great to see you tonight. i first want to get your reaction to a video that trump released earlier today, accusing joe biden of being "the real threat to our democracy." what you make of that? >> well, look, i think donald trump and his republican

minions in the house consistently project and accused democrats of doing exactly what they are doing. there is, of course, no evidence that joe biden has done anything antidemocratic, anything to abuse the rule of law, abuse or criminal justice system. in fact, that is what donald trump has done, and has promised to do in the future. so, this is a way that donald trump tries to normalize authoritarian and fascist rhetoric, so that it becomes accepted within at least the far right public and even beyond that, to some degree. and it is completely unacceptable and it must be rejected. the problem, alex, is that there are no republicans who are speaking out and saying that this is unacceptable. and this is how nazi germany became nazi germany, because

no one spoke out. and at some point, we are going to need republicans, because we, democrats, can see it all day long, "donald trump doesn't care, he thinks it is to his advantage." but, we are going to need republicans to callout this completely unacceptable, antidemocratic, authoritarian rhetoric, and say that this is just not what happens in this country. whether or not you have policies i like or don't like, we are not going to go down this road. but, no one will do that. >> i am -- you know, you mentioned that and we just played some tweets from margie lee taylor green and paul goes-r who responded to this crazy, paranoid conspiracy so quickly and i was really struck by the metabolism now between this far right, fringy theories and the way those just circulate through the conservative bloodstream so rapidly, faster than it feels like ever before. not only are republicans not speaking out about it, they are

adopting this as gospel in a matter of minutes, hours! do you -- can you talk a little bit about the way this stuff has made its way into the halls of congress within a 24 hour period? >> well, look, marjorie taylor green and her cue in on views would have been completely left out of congress in 2018. now, she is mainstream republican at this point, and she, and paul gosar, who have crazy aches extremist, racist, anti-semitic beliefs, are now credited as being legitimate maga republicans because donald trump has adopted them for his own political expediency. but, we cannot move the spectrum to the point where marjorie taylor green and paul gosar become normalized, and they are not normalized just

simply because they support donald trump, but that is where this republican party is and that is why it is so dangerous. now, what they say has no relationship to the facts of anything. but, they have a pulpit, and they have increasing amounts of power in this congress. and in a mere six years, marjorie taylor green has emerged as the face of the republican party, and that should scare everyone, whether you are republican or democrat. >> yeah, and it is not just this domestic concern over all of this, there is also a geopolitical concern. moscow, the kremlin propaganda machine has picked up on this, and is having a field day with this. there are headlines, "fbi planned to kill donald trump: details revealed in the usa." i mean, this is playing directly into vladimir putin's hands, congressman. >> marjorie taylor green -- if

she is not getting paid for being a russian agent, she is missing out on money, because it is so clear that she is parroting russian propaganda on the house floor, in the congress of the united states. and you don't have to take my word for it, alex, you have the chairman of the house foreign affairs committee and the house intelligence committee, republicans, who are saying the same thing. and what people do not seem to understand is that marjorie taylor green is simply moving the overton window. she is moving the rhetoric so far to allow for donald trump to come behind her. but, they are simpatico, they are hand and glove right now, and there is no question that donald trump has visions -- as we saw from his video with the unified right, which was a completely knowing and intentional inclusion in that video, let's be real here -- he is paving the way to become a vladimir putin, or to become an

adolf hitler, or a kim jong-un. that is what he wants to be. and all of this is in the lead up to paving the way for him to win this election, and then to take over this country and literally to eliminate the democracy that we know. >> when you speak of the elimination of democracy and the fact that you are on the house judiciary committee, i have to ask if you have a reaction to the new york times bombshell reporting tonight that justice samuel alito has been flying an insurrectionist flag over his beach house, the second instance of far right propaganda appearing in front of a just's home. do you have thoughts on that? >> oh, i have a lot of thoughts on that, alex. hank johnson and i from georgia led a letter yesterday, signed i think by close to four dozen democrats, to justice alito, recalling on him to recuse himself, because of the initial upside down, stop the steel

flag, political signal, political statement that was hanging from his house. and it doesn't matter why it was there, or what was there, he conceded that it is a political statement and it is against the ethics rules, even the nonbinding ethics rules of the supreme court for anyone, for a justice to make a political statement. to the same conduct. that is as clear a conflict of interest as you can imagine for a judge and if he does not h recuse himself he is jeopardizing the absolute legitimacy of the supreme court. then today we learned it was not an isolated incident. he can't blame it on his wife. he now has another flag n promoting donald trump and the effort to overturn the 2020 election. i will say of justice alito does not recuse himself from

the case, he will do irreparable damage to the supreme court and chief justice roberts must step in and make sure he does not have any role in deciding these cases, because the entire legitimacy of the supreme court will be eviscerated. >> congressman dan goldman, great to hear from you tonight.y thanks for your time, sir. >> thank you. still ahead this evening, one day after donald trump signaled a willingness to restrict access to contraception, senate democrats have taken steps to protect birth control. rt senate republicans seem unwilling to follow their lead. that story is next. . respirate from rsv in people 60 years and older. arexvy does not protect everyone and is not for those with severe allergic reactions to its ingredients. those with weakened immune systems may have a lower response to the vaccine. the most common side effects are injection site pain, fatigue, muscle pain, headache, and joint pain.

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people couldn't see my potential. so i had to show them. i've run this place for 20 years, but i still need to prove that i'm more than what you see on paper. today i'm the ceo of my own company. it's the way my mind works. i have a very mechanical brain. why are we not rethinking this? i am more... i'm more than who i am on paper. today, senate majority leader chuck schumer announced plans to fast-track a vote on the senate bill called the right to contraception act. that announcement comes a day after donald trump signaled in

a local tv news interview that he would be open to restricting birth control. since then, trump has tried to walk it back, mostly. yesterday trump posted that he does not support a ban on birth control and neither will the republican party. joining me now is president and ceo of reproductive freedom for all. it is great to see you. i am not convinced that this means there is going to be no infringement on contraception. not abortion, contraception. trump was asked, we are going to look at our contraception policy and have a policy shortly. that was yesterday and today it was we are not trying to restrict access to birth control. >> there is a gray area if you are a republican. the morning after and any number of contraceptives could be up for grabs. >> how dangerous of territory are we in right now?

>> incredibly dangerous and to be clear we were in that territory since row fell. it opened up all of the can of worms, pandora's box, all of the metaphors. when you believe that life begins at conception, that is the root cause, the root goal for these folks who are really about power and control of our bodies. remember, mike johnson and hundreds of republicans in the house signed legislation stating that life begins at conception. we've always known in our movement that birth control was the endgame, for us it is not a surprise. it is like the believability gap. it is hard to believe because birth control is so popular. everybody uses it. just like ivf. so it is hard to believe that a rational person would be anti- birth control, but when you

understand who these extremists are, it is less shocking. we will see in the senate vote how many republicans crossover. in the house they didn't. >> when we talk about the senate vote that chuck schumer is calling for, it's failed before. they tried to protect contraception before and it failed. >> and in the house. >> and in the house, as you mentioned. given that 17% of americans, 17% believe that biden is responsible for the fall of roe. it feels like there is a messaging gap and it feels like efforts the one schumer is spearheading in the senate are a necessary correction to that remind people where the party stands on these issues. >> it is a brilliant move, supersmart. they are doing right to contraception and ivf votes at the same time. you might've seen ted cruz and

katie britt try to have their own legislation. unless you are directly addressing ivf, directly addressing protecting birth control, i mean it is all distraction. it tells you that they are running scared. it is really important that senate democrats draw the line and also important that we keep repeating, as allies to the administration and democrats, that this is the disaster that donald trump brought. most voters aren't paying close attention. we know that. we've got time. we know we can persuade them when we play back donald trump's own words when he bragged about overturning roe. it's effective, you just have to keep repeating it over and over again. we cannot repeated enough. >> i would assume and you can tell me otherwise that birth control is widely supported in the united states. >> it is incredibly popular. the fact we are even talking about it is wild, but it is

very popular. >> contraception feels like the place to go, if the abortion argument isn't resonating, basic contraception seems like fertile ground for democrats to make their case. >> no pun intended. >> sorry, pardon the pun. it's late. thank you for enlightening us and reminding us of the stakes coming up. that is our show tonight. now it is time for "the last word with lawrence o'donnell" good evening, my friend. >> we will show that video later in the hour about donald trump saying he is thinking about coming up with a policy to restrict contraception. he goes through this jumble of sentences and when i watched it, the audience can decide, i was pretty sure when watching that he doesn't know what the word contraception means. that is pretty sure. >> it is a long word, in his defense. more than