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 a few letters, it could be confusing. >> so we will show the video and the audience can decide, did donald trump know what that word meant? >> he is about to find out, because democrats are not letting go. >> it is a real issue now. >> it is. thank you. for every day of donald trump's almost 78 years of life, fbi agents have carried guns. everywhere they go. but donald trump is now pretending that he did not know that. no one insults the intelligence of trump voters more than donald trump and i am sure that most voters who vote for donald trump are smarter than donald trump and they vote for donald trump because they hate taxes as much as he does or they think abortion is murder, but the people who send money to

trump who are a tiny percentage of trump voters really must be every bit as stupid as donald trump insists that they are, because today donald trump is raising money from those poor people who should know better but don't, by sending an email saying breaking from trump, biden's doj was authorized to shoot me. it has just been revealed that they were authorized to use deadly force for the despicable raid in mar-a-lago. to do the unthinkable. joe biden was locked and loaded, ready to take me out and put my family in danger. okay. none of the dangerously stupid people who send money to donald trump in response to that email know that the fbi scheduled the search warrant at that florida location when they knew for a fact that no one named trump

was actually there. they did it in the summer when trump is thousands of miles away in cooler climates. in donald trump's case, in new jersey. donald trump pulled those lies about deadly force to his stupidest supporters because this standard piece of paper right here, this piece of paper was attached to the filings for the search warrant that the fbi executed, through which they found donald trump in criminal possession of classified documents. this piece of paper is the fbi policy statement on the use of deadly force. this piece of paper is part of the filings of every search warrant obtained by the fbi. that means this very same piece of paper was in the filings in the search warrant that the fbi executed a joe biden summer home in the fbi investigation of joe biden's possible possession of

classified material. an investigation with which joe biden fully cooperated from the start and was found to have done nothing wrong. now for those poor trump voters who send money to donald trump because of things like this piece of paper, they will never know that that same piece of paper was in the joe biden search warrant file. this piece of paper is simply a recitation of the fbi rules on the use of deadly force. in the early decades of the fbi they did not have rules on the use of deadly force. police forces didn't, either. when i wrote a book about police use of deadly force in the 1980s most police departments then did not have a rule about police use of deadly force, but now almost all police departments have a rule that is virtually identical to this fbi rule. this list of rules tells fbi

agents not to fire at moving vehicles, as do most police department rules on deadly force. it prohibits warning shots. the first rule listed says deadly force may not be used solely to prevent the escape of a fleeing suspect. that rule was forced on the fbi and all-american police departments by a supreme court decision in 1985. so that is all this piece of paper is. the fbi rules and restrictions on the use of deadly force, which is part of the file of every fbi search warrant. the very next page of the filings specifically indicates that donald trump would not be at that location when the search warrant was executed. so no one changed the rules that they so the fbi agents could shoot donald trump. donald trump knows that he has some supporters, a tiny group, who are so hopelessly stupid he

can tell them that the fbi, quote, was authorized to shoot me and they will believe it. not only will they believe it, they will send him money. they will send money to the man who told them when he began running for president that he was so rich you would never ask for anyone's money. think about the layers of stupidity that are right there. the layers of stupidity that it takes to respond to that donald trump email and send him money. that is the money donald trump uses to pay his criminal defense lawyers who assembled in florida today for hearings in the courtroom of donald trump's favorite judge, the one he appointed, who once again cast herself in the role of federal judge who forgot to go to law school, which would be funny if the stakes weren't what they are.

judge cannon had hearings on issues that most other federal judges could handle without having a hearing. judge cannon does everything she can to appear at least to be a functioning ally of donald trump in the attempt to delay his trial for violations of the espionage act and possession of classified material until long after the election. judge cannon's first hearing of the day today was on trump codefendant motion to dismiss the case, saying it was a selective prosecution because not everyone who moved boxes for donald trump was charged with a crime. his lawyer failed to mention that not everyone who moved boxes lied to the fbi about moving boxes for donald trump. the second motion by donald trump and walt nauta to dismiss the case, claiming alleged procedural failures in the indictment.

desperate criminal defense lawyers file motions like this all the time, but rarely are they granted significant amounts of time by a court to argue those motions and slow progress toward a trial. judge howell presided over the grand jury that special prosecutor jack smith used for most of his investigation of donald trump's violations of the espionage act and illegal possession of classified documents. this week an opinion granting jack smith the right to subpoena a worker for donald trump on that case was unsealed. the name of the lawyer redacted and a few other reductions in it. that opinion justifies an exception to the attorney- client rules and allows that testimony. the judge found strong evidence that the former president intended to hide boxes from his attorneys search efforts to comply with the grand jury

subpoena and unlawfully to retain any classified documents contained inside of the boxes, purposely removed from the attorneys search. judge howell noted that defense attorneys discovered four documents marked classified in donald trump's bedroom. after the fbi served their search warrant. the judge wrote, quote, notably no excuses provided as to how the former president could miss the classified documents found in his own bedroom at mar-a- lago. instead the government provided evidence to demonstrate that the full arc of the criminal violation already concluded more than six months before this search of mar-a-lago. the evidence demonstrates the former president intentionally failed to provide all of the classified documents in his possession to the government

with the june 3, 2022 certification. the judge described what happened when donald trump must of realized security camera video would show the boxes being moved. quote, after a phone call with the former president and on the same day as serving the government subpoena for mar-a- lago security footage in the area around the storage room, walt nauta rearranged his travel to fly to west palm beach the following day, falsely telling his colleagues that the change in plans was for personal reasons. within two hours of landing in florida, walt nauta and a witness entered the storage room and the witness can be seen gesturing toward the camera. this scramble to mar-a-lago in the wake of the june 24, 2022 phone call reflects the former

presidents realization that the removal of the boxes from the storage room before the search was captured on camera. his attempts to ensure that any subsequent movement of the boxes back to the storage room could occur off-camera. a curious absence of any video footage showing the return of the remaining boxes to the storage room, which necessarily occurred between june 3, 2022 when the room had an approximate number of boxes according to fbi agents and the execution of the search warrant when the agents counted 73 boxes. newly unsealed photographs of donald trump's codefendant, walt nauta, show walt nauta moving boxes after those boxes were under subpoena.

that is the equivalent of bank video showing you the bank robber at work. those are the images donald trump allegedly tried to have erased from the security camera video. leading unfair discussion is andrew weissmann, former fbi general counsel and chief of the criminal division of the eastern district of new york. he has msnbc legal analyst and co-author of the best-selling book, the trump indictments. and bradley moss is with us. this documents case, the more we learn, the more it looks like we are watching the security video at a bank during a bank robbery. >> this is, if there is any case that is open and shut, it is this one. it was open and shut before the government charged not one, but two separate schemes to

obstruct justice. this is a case that it is just so pathetic that judge cannon, whether it is because she is partisan, her inexperience, or both, is not moving this case along. i strongly think that when you have people like justice alito and his flying flags at his home and beach resort, that is a signal to people like judge cannon that they can deal with no repercussions, what she is doing, which is just sitting on this case. this case could easily go forward. one thing that was unusual about this case, classified documents, as bradley knows and i know, yes, it takes a little bit more time, but not this time. the arguments we heard today were things that were preposterous. it is amazing that we are having a discussion about it because of the arguments.

some of these arguments today were things that in her typical, meticulous way, has denied over and over again. and 86 page thorough opinion and judge cannon is saying it will take a lot of time. it does not. it has already been written. donald trump was heard and it was denied. >> i just want to take you back to the alito flag. senator whitehouse will join us later to talk about the flags and what it means. i think i have fallen into too much of a segmented look at it all and this will be discussed here and later in the show we will discuss the flag, but that flag you have alerted me to, that is a signal from the highest level of the judiciary. from the supreme court of the united states all the way down to the district courts, wherever they are.

trial courts in florida or anywhere. this is what you can get away with. this is who you can be. >> absolutely and when you connected to donald trump, the congress people outside of the courthouse in matching ties and blue suits. justice alito and flying repeated flags and coming up with the most absurd story as to what seemed to justify it. the idea that this is the supreme court of the united states and you have might makes right as the symbol of what you should be embodying and this country is supposed to stand for the opposite, which is right makes might, really since this horrible signal. not just to the electorate and to donald trump and people in congress, but also the lower courts of judges thinking you

know what? i'm going to be protected. >> bradley moss, this latest turn, very slow turn in florida today. when it comes down to it judge cannon has ruled against dismissal motions before in this case. likely ruling against these dismissal motions, but with her, who knows? >> i don't think anyone realistically believe she will be throwing out any part of this indictment. i don't think anyone realistically believe she will find this was a vindictive or selective prosecution against walt nauta, which was one of the motions she heard today. we got salacious details with photographs. no one really believes that will go anywhere, but it takes time. it takes time to review it and time to resolve it and because of the slow and methodical way judge cannon is going through

these motions, some of which are throwaway motions that any criminal defense attorney would've done. she is dragging this out with these hearings. it is making it clear she has no intention of letting this case go to trial. >> and your point, any defense lawyer would try these motions. am not criticizing the defense attorneys for the motions they are desperately trying to advance, but it is a judges job to recognize that and get through it as quickly as possible. >> absolutely. you triage it. there are some that you understand, these are throwaway, every defense lawyer does it. additional discovery. this fight he will have a hearing on next month, maybe that required a hearing, but that hearing could have been handled two months ago. then you have the more sensitive motions tied to classified information.

that was going to be very intensive. that was going to take time. it has been months. we have just started this process and she has only gone through a portion of the ultimate process. >> andrew, i know the audiences interested in the particulars, but where does this judges power lie? can she dismiss the case right now and that's the end of it or at what point can she, through her own power, make this case disappear? >> if you notice what bradley is saying, which is one of the reason she is not going to be taking these motions now and saying i will dismiss is because that can be appealed. one thing we have seen is when jack smith dangled that prospect, she does not want to be appealed. one thing that can happen is she can be taken off the case if it goes to the appellate court. once a jury is selected,

jeopardy attaches. unfortunately, the rules are, she can dismiss the case through what is called rule 29. it cannot be appealed. the government has no recourse once the jury is impaneled. >> so in this case she reaches her maximum power once you have a jury and before that she is on pretty much everything. >> that is why the issue of jury charge issues, she realized she probably made a mistake to ask now. she said i will decide that later and that's the danger. she decides that. after the jury is sworn. the government has no recourse. >> andrew weissmann, bradley moss, thank you for joining us. i appreciate it. coming up, another day, another trump supporting flag

flying over a supreme court justices home, but this time it was the same supreme court justice who got caught with a flag over his other home. senator sheldon whitehouse will join us. and donald trump talked about banning contraception at the same time the governor of virginia vetoed a bill that would guarantee the right to contraception. abigail spanberger, democratic candidate for virginia, will join us next. with non-habit forming zzzquil. ♪ ♪ they say we should stop eating so much meat. so we made meat out of plants. because we aren't quitters.

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in politics, the herd mentality is enormously strong. a lot of republican politicians have surrendered to it. many of the same politicians who now publicly embrace trump, privately dread him. they know what a disaster he has been and will continue to be for our party. they are just too afraid to say it out loud. well, i'm not afraid to say the

hard truths out loud. i feel no need to kiss the ring. >> and today of course, she kissed the ring. >> trump has not been perfect on his policies, i have made that clear, many, many times. i will be voting for trump. >> nikki haley announced she is voting for donald trump the day after donald trump said he is working on a policy to restrict any persons access to contraception. >> do you support any restrictions on a person's right to contraception? >> we are looking to that and i will have a policy on that very shortly and i think it is something that you will find interesting. it is another issue that is very interesting, but you will find it, i think, very smart. i think it is a smart decision, but we will be releasing it very soon.

>> you may support some restrictions? like the morning after pill or something? >> also, things really do have a lot to do with the states and some states will have different policies than others. >> okay, so you saw what i saw. i think it is very clear that the stupidest man ever asked about contraception had no idea what the word contraception means. no idea. that is why he was so goofy, marching along in his collection of words that meant nothing. saying he would help policy and it would be something you would find interesting and then he upped it to, you would find it, i think, very smart. i think it is a smart decision and he says we will be releasing it very soon. that is a standard response for things he knows nothing about. then when he heard the words,

morning-after pill, he suddenly realized maybe this has something to do with pregnancy and that is when the slowest, stupidest brain never to run for president started saying things to have a lot to do with the states, that was his line. things really do have a lot to do with the states. of course the people who are slightly less stupid than donald trump who work for his campaign knew right away what a mistake it was to say he was thinking about restricting contraception. so they put out a statement from donald trump saying i have never and will never advocate imposing restrictions on birth control or other contraception. earlier this week the trump supporting governor of virginia vetoed legislation that guaranteed the right to contraception in the state.

virginia's democratic member of the house of representatives, abigail spanberger, now running for governor of virginia said, quote, as the next governor of virginia i will sign into law legislation to protect the right to contraception for all virginians, not veto it. joining us now is democratic representative spanberger of virginia. she is a former cia officer indicated that for governor of virginia. thank you very much for joining us tonight. contraception really is an agenda item for the republican party. >> that's right. it is. access to reproductive health care, whether it is contraception, whether it is abortion access, these are issues that are on the ballot in 2024 and in virginia they are on the ballot in 2025. they have made clear that our rights to make our own reproductive choices, and i say

this as a mother of three beautiful, wonderful young daughters, our rights, our political ploys and talking points. we all need to remember that in 2016 former president trump campaigned on the idea that he would appoint judges that would overturn roe versus wade and that is exactly what came to pass. in fact on the day that the dobbs draft decision was leaked out, i was inundated by friends texting me, calling me, messaging me. people i had known through the years. democrats, republicans. people with no real political engagement saying they were shocked at this draft opinion. would this be real? and would birth-control be next? the reality is that people across virginia and across the country recognized in those earliest days that this attack

was not just on abortion access, but as we have seen since then it is an attack on ivf. it is an attack on contraception and i think governor youngkin was absolutely wrong to veto a bill that the general assembly passed that would guarantee the rights of women to access contraception. when i am governor i will sign that legislation into law. >> so governor youngkin appears to be in that competition among republicans to appear as extreme as possible, because that is what they believe is the road to advancement in the republican party. >> you know i think time and time again, in the earliest clip that you showed of former candidate haley when she was talking about the herd mentality and the need to go to extreme positions for relevance

and i guess, importance within the party, that that is the extreme. the path people need to take. certainly with her announcement today that she will be supporting him in 2024 or with decisions like we have seen certainly in louisiana and now with the governor's choice to veto a bill simply guaranteeing access to contraception in virginia. this effort to herd mentality toward an extreme position seems prevalent unfortunately and frankly to the detriment of the health of women across virginia and the rest of the country. >> senator schumer says he wants to bring a contraception bill to the senate to get it on record in the senate to guarantee the right to contraception in this country. so republicans will continue to face votes and public stances

on this. >> we have. we brought forth such a bill last congress, sponsored by fantastic members of congress. i remember kathy manning from north carolina. sara jacobs from california. we voted on it. my house colleagues in the last congress were also on the record and unfortunately far too many of them did not stand up for basic access to birth control and contraception. >> virginia congressperson abigail spanberger, think you for joining us tonight. >> thank you very much for having me. coming up, right wing republican justice samuel alito continues to remind voters what's at stake in the presidential election. donald trump will appoint moore and joe biden won't. senator sheldon whitehouse will join us to discuss samuel alito's latest scandal, which he has not yet officially blamed on his wife.

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on the day when president biden got his 200th federal judge confirmed by the senate, another flag was found flying over another home of a supreme court justice signifying full support for donald trump's attempt to illegally overturn the election and for the violent horde of trump supporters who attacked the capital on january 6. just

across the street from the workplace of supreme court justices. this second flag was owned by the same supreme court justice who got caught last week with the first flag. last week the new york times reported justice samuel alito, appointed by george w. bush, remember, not donald trump. george w. bush was caught flying the american flag upside down at his home a short drive from the supreme court. today the new york times reported that justice samuel alito, appointed by george w. bush, not trump, george w. bush, has been flying another flag at his summer home in new jersey. that flag says appeal to heaven. the appeal to heaven flag was carried by rioters at the capital on january 6. also

known as the pinetree flag, it dates back to the revolutionary war but largely fell into obscurity in recent years and is now a symbol of support for donald trump for a religious strand of the stop the steel campaign. justice alito who, let me remind you, was appointed by george w. bush, declined to respond to questions about that flag at his vacation home. after blaming his wife for turning their american flag upside down at the other home. i had no involvement whatsoever in the flying of the flag. it was briefly placed by a misses alito in response to a neighbor's use of objectionable language on yard signs. good luck making sense of that.

only in the perversions of samuel alito's brain does it make perfect sense that when your neighbor bothers you, your wife of course turns your american flag upside down. we have all known that it is an outrage that the most corrupted judge in the history of the supreme court, clarence thomas, has not recused himself from cases involving donald trump that donald trump is brought to the supreme court, trying to get immunity for his attempts to overturn the presidential election. clarence thomas his wife supported every one of those attempts by donald trump. now we know that samuel alito is also in full violation of the judicial code of ethics for federal judges that would apply to any other judge, because samuel alito should also be recused from any case involving donald trump. no member of the united states

senate in history has done more to expose scandal and structural unfairness at the supreme court then our next guest. joining us now is democratic senator sheldon whitehouse of rhode island. he chairs the senate committee on the federal courts and is also the author of the scheme, how the right-wing used dark money to capture the supreme court. senator whitehouse, thank you very much for joining us. of course it would not be just one flag. one flag was bad enough, but here we are again. >> here we are again. it is not enough to be a supreme court justice flying one maga battle flag at your house. you have to have two houses and fly to battle flags, one at each house. it is stunning and it is the kind of thing, as you know, for anybody else would provoke an

investigation. and all we get from justice alito are self-serving statements on fox news which is a forum in which you can lie with impunity. you can make it up. it is not an official statement subject to sanctions if you did not tell the truth and now he won't answer at all about the battle flag. so it encapsulates all the problems we have had with the rogue supreme court and its refusal to accept any rule of law. >> the chairman of the senate judiciary committee says justice alito must recuse himself immediately from cases related to the 2020 election in january 6 insurrection. he also calls on the chief justice for damaging the court and immediately enact an enforceable code of conduct. recusal used to be something

that you could reasonably rely on supreme court justices to use with wisdom. it was rarely used and rarely required, but used often enough that we could see it as something that worked. but not anymore. >> no, and one interesting feature of the recusal requirement is that it is a law passed by congress, specifically applicable to supreme court justices. when they pay no attention to what they are violating statutory law. this is not one of these rules that the supreme court or judicial branch come up with for themselves so they can say this is just judicial stuff. you legislators, run along. no, this is the law of the land passed by congress and they are flouting it. >> can the senate judiciary committee demand testimony from

justice alito or justice thomas? >> they have been very reluctant to and they waived separation of powers around to try to stop us from speaking to them. but i think it has gotten to the point where the chief justice has to engage, and i think you will see more action on that shortly out of the judiciary committee. i think that the conference can also be expected to engage further. a panel of senior federal judges overseas the judicial branch of government and has the authority to look into things like when the disclosures were unlawful and willful and whether there is violation of ethics norms. >> the reason i kept repeating the george w. bush appointed samuel alito is i fear that too

many people can think this is a problem created by donald trump. every republican president of our lifetimes has appointed someone, at least one justice to the supreme court who has done serious damage to the way we live and has tried to do more damage to the way we live. from clarence thomas, by the first president bush. this notion that this was something that blossomed during trump is something that you have worked very hard to expose, even before the trump justices took their seats. >> no, you are right. this goes way back to the person responsible of the appointment of justice alito. actually leonard leo, the operative of the koch brothers and creepy billionaires who have been meddling in the court. you will remember that bush originally wanted to appoint his legal counsel, his friend, fellow texan, conservative

woman lawyer to replace sandra day o'connor, harriet myers. he got attacked not by democrats. he got attacked by the far right billionaires and he, humiliatingly, had to withdraw his own nomination and leo produced the agreeable justice to the creepy billionaires, none other than samuel alito. >> senator sheldon whitehouse, thank you for being on this case as long as you have. thank you for joining us tonight. >> thank you. coming up, texas congressman colin allred is running against a senator who supports donald trump, even after donald trump attacked that senator's wife. who could that be? next. next. less joint pain, stiffness, swelling, and fatigue. and is just 4 doses a year, after 2 starter doses. serious allergic reactions and an increased risk of infections

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choose advil liqui-gels for faster, stronger and longer-lasting relief than tylenol rapid release gels because advil targets pain at the source of inflammation. so for faster pain relief, advil the pain away. in 2020, texas republican senator rafael edward cruz voted against certifying the electoral college votes showing the democrat joe biden won the presidential election. senator cruz voted to overturn that election and make the republican donald trump present. years later senator cruz voted against the bipartisan infrastructure bill which joe biden wrote.

then senator cruz, and that bill delivered more than $30 billion in infrastructure aid to the state of texas. senator cruz has since tried to take credit for some of the infra structure projects now underway in texas, thanks to the biden legislation, which senator cruz voted against in 2022. senator cruz voted against the chips and science act despite senior texas senator john cornyn supporting that legislation, which was signed into law by president biden. now the most right-wing senator in texas history is trying to launch a senate campaign support group called democrats for grooves. a republican senator who has been his year attacking and condemning democrats now seems to believe that he needs democratic votes in texas to win his re-election. it could be that senator cruz is worried about the democratic nominee for senate in texas now running against him. congressman: all red. >> my story is not about the

father who wasn't there. it is about the mom who was. she was a teacher, who work a second job to make ends meet. with her support i made it to baylor in the nfl. in congress i have stood up to the president when he was wrong. to defend texas energy jobs and secure our border. as your senator, i will keep doing what is right for texas, to protect medicare and social security, and add more border patrol agents. i am calling all red and i approve this message, because my team is texas. >> joining our discussion now is colin allred of texas, he is the democratic nominee for the congress seat currently occupied by senator cruz. if there ever were a meeting of democrats for cruz , and you could go to that meeting and say a few words to the democrats for cruz voters, what would you want them to know? >> yeah, well, it is a pretty strange group they have assembled. and what came out is this is

really kind of a made up thing. and lawrence, you and i have been talking about this for some time, and thank you for having me on. when i was in the nfl we used to talk about the tape doesn't lie. and he has had 12 years, as you have said, of being probably the most extremist senator in our history, but also, i think, in the senate. and there's some competition there, but he has been fighting for that pole position. now when he is in a tough race in an election year, he is trying to change all that. and is not going to work with texans, but also, i think that we should just stop and recognize for a second how incredibly cynical this is, that somebody who has made his entire personality and persona as an elected official about being divisive and not ever voting for anything, and not ever standing for anything, and trying to overturn elections. now he wants to, in an election year, try to hoodwink folks. >> you are saying now that the republican party not only is in

these crusades of banning abortion everywhere possible in the country, and hoping to get a national ban on abortion, but they are also trying to shut down in vitro fertilization now . donald trump said he has a plan for restricting contraception, then when he found out what contraception is he got afraid of that. but republicans moving against contraception, whether donald trump wants them to or not, is really happening. >> it is. and let's be very clear. folks like ted cruz that supported these extreme ideas, whether it is personhood legislation, or opposing exceptions to rape or unviable pregnancies, that we are now experiencing here in texas, that is putting ivf at risk for texas women and women across the country. and this is not theoretical anymore here.

now the rhetoric that seems so extreme for decades, but the never really had a chance to become law because we had one vote too many on the supreme court that would not allow it to happen, whether sandra day o'connor or others. now their ideas have actually taken root. and it is incredibly damaging and tragic for our state. i tell folks all the time in texas, the only way we are going to restore this right and freedom to texas women is at the federal level, by beating ted cruz and codifying roe v wade. when i am in the senate, that is exactly what we will do. >> texas senate candidate colin allred, thank you so much for joining our discussion tonight. we will be right back. hi. i use febreze fade defy plug. and i use this. febreze has a microchip to control scent release so it smells first-day fresh for 50 days. 50 days!? and its refill reminder light means i'll never miss a day of freshness. ♪

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texas senate candidate colin allred gets tonight's last word. the 11th hour with stephanie ruhle starts now. tonight nikki haley falls in line and says she will vote for donald trump, bull