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tonight on all in. >> samuel alito and clarence thomas are totally out of control. >> outrage at the supreme court, it grows as samuel alito remains silent. >> in the senate we have gavels, there should be subpoenas going out. >> tonight, should the chief justice have to answer for an out-of-control court. then as we are rate jury instructions in new york -- >> i did everything right and they indicted me. >> george conway on the man making haley just endorsed. >> you think donald trump would follow the constitution if he were elected to a second term? >> i don't know. >> and he's the american doctor who shot these unbelievable scenes inside a gaza hospital and he will join me live when all in starts right now. good evening from new york, i'm chris hayes, it's been just over 24 hours since reporting about the new york times revealed that a flag championed by the far right christian nationals movement, displayed widely by january 6th insurrection is, as they stormed the capital, also flew

all summer long last year, over the beach house of supreme court justice samuel alito and of course that news about that flag came days after we learned that alito's home in virginia also displayed an upside down american flag in the weeks after the violent attack at the capital. another symbol adopted and embraced by the stop the steal supporters. alito responded to questions from the times and emailed a statement saying his wife, you know, the wife, hoisted the inverted flag in a dispute with their liberal neighbors, why? he doesn't say but in the days since news of this second right- wing flag broke there's been no response from alito or the chief justice john roberts who faces a growing chorus of voices calling for him to appear before congress and explained the conduct of the members of his court. that's in addition to calls for alito, at a minimum, to recuse himself from two hugely

consequential january 6th related cases, sitting before the supreme court. >> if justice alito does not recuse himself from the trump immunity case and the fisher january 6th case, he will do a bright irreparable damage to the supreme court. >> he definitively needs to recuse himself. >> of course he should recuse himself from these cases. >> at a minimum, he has to recuse himself. >> now all of this is happening on a day when the supreme court was open for business, handing down decisions on cases that it heard this spring. it was possible they might even announce some action on one of those cases that people say alito should recuse from, donald trump's claimed that he is immune from prosecution for his attempts to overturn the 2020 election. that's a case that the high

course headset on for months in fact check this out, it's now been 164 days, nearly half a year since jack smith asked the justices to weigh in and immediately on trump's immunity claims saying basically, look, i know the supreme court is going to want to weigh in on this and the american voting public has a right to know the outcome of the case before the 2024 election and the court rejected that request and they waited, and they are slow walking their decision now. so here we are now, half a year later, it's harder and harder to think that someone like sam alito whose household flew flags supporting the insurrection over not one but two of his houses is in any way qualified to be a person who makes judgments on these cases. the court did not announce a ruling today in the immunity case, who knows when and if they ever will but the six- three conservative majority, majority that now boasts multiple members who flagrantly violated basic ethics coming everything from undeclared

gifts to open politicking, all of which apply to all the federal judges below the supreme court, that majority through open the floodgates for racial gerrymandering seems. in a decision that was authored by samuel alito, the majority agreed with those republicans. they weren't trying to disenfranchise voters of color, they were trying to disenfranchise democrats and what's, most of them happen to be black. see how that works? it's a decision that'll make it easier for republicans to box out voters of color as long as they can argue that the gerrymandering is based on political identity first and

race second. a ruling that endangers the basic principle of one person one vote. another active right wing steamrolling. we keep learning more about just how unaccountable they are. a justice like sam alito flies this pro insurrection is flag right-wing flag, not once but twice over his homes, the same flag flown by, and proceeded to give hundreds of thousands of dollars in gifts to facilitate those and trips in recent years. they are all part of the same club. i'm just a judge. sam alito didn't have to fly those flags to be a true conservative friend of the trump's agenda. think about this. i mean, alito was one of the most powerful reactionaries in the country. arguably, the most? his court opinions, speeches, appearances, he could just do that. why would he fly the flags? he had to go and extra step to

advertise, take the flag to his vacation home, it's a signal from alito about who he thinks he answers to. he knows he's not supposed to do that. he knows any other judge would get in trouble. but he thinks he answers to no one. we will see if he is right. at a minimum it suggests a disturbing readiness to keep pushing past any boundaries as the movement that alito is clearly a member of looks to destroy the current american constitutional order. >> senator peter welch serves on the judiciary committee and he joins me now. senator, i've seen a number of folks on the right, rushing to alito's defense which is not surprising. they say this is much ado about nothing, do you think it's much ado about nothing? >> no, the court is in crisis.

essentially you have a full on embraced by the court as a result of a timid chief justice, that they can do what they want beyond just making decisions that are profoundly disagreed with, but to exhibit conduct that conveys a political orientation, the two flags that you mentioned, they are very much an endorsement of the january 6th activity. you have of course, justice thomas, his wife, who on january 6th was in communication with top aides of president trump and this is appalling. there's two issues here. what can congress do? we have the authority to pass the white house bill, congress could impose a code of ethics. practical reality is, with a divided senate and divided congress, we probably don't have the capacity to get that done. my view here, is we've got to start focusing on the failure of chief justice roberts to do

the job that a chief justice has. and that is two things, profoundly, one is to build consensus, and the second, is to impose standards, collectively, that protect the integrity and the reputation of the court. and you have the timid leadership here looking the other way, and one last point, when we had the brown versus board of education's decision, 1954 that ended separate but equal, extraordinarily consequential decision, very divisive, it was going to be reacted to in the south by the court of nine justices, some republicans, some democrats, it was a unanimous decision and you didn't have justices fly upside down flags when they made the decision. congress can do it and try but we will have the partisan fight, chief justice roberts has got to accept the burden of

responsibility that other chief justices have embraced and that is build consensus and demand ethical standards. >> okay but i've heard the notion that, i don't even know what the constitutional status of this is although i think in the courts recent jurors prudence is in support of subpoenas but i mean, can you invite justice roberts to come before the committee and explain himself? it seems like somebody should do some explaining there. we are just going to hide and let this wash over and no one can tell us to do anything even though we are a coequal branch of government, it seems a little suspect to me. >> chief justice roberts owes the congress and the american people an explanation about what is going on. and senator durbin invited him earlier when some of the leonard leo stuff came up, he rejected.

we get into the subpoena question and the capacity to enforce that when we don't have 60 votes in the senate to do it. it is frustrating for us, but the chief justice in the supreme court, does he not have an obligation to the american people to explain why it is that the nine justices on the supreme court in contrast to the over 800 justices at the district and appellate courts, who are subject to enforceable ethical standards, why those nine are exempt from that, it's absolutely undercutting the integrity of the court, he's failing in his responsibilities and he won't step up and do it but i'm all for inviting him in and letting him explain why this is okay. >> center, are there broader ways that democrats and the congress should be conceptualizing a way of

reordering the relationship between the branches, i think you can make a case that they have gotten a little out of whack and this has happened before and i said this last night, your colleague senator blumenthal and others, throughout american history, there's been these moments where the equilibrium between branches has to be resettled. you saw this during the new deal, you saw it in the run up to the civil war, arguably, one of the causes of the civil war, a failure to renegotiate that settlement. you saw it during world war ii to a certain extent, you saw it during the court in its own way. do you think this is one of those moments? >> i absolutely do. frankly term limits, they need term limits, they should have 18 year terms and that every president is going to have an opportunity to make two appointments to the supreme court, and that allows the people to decide, they decided who wants to be president, they're picking a set of values that they see embodied in that person they select. so this in definite term, it's gotten so extreme where you

have extremely partisan appointees, especially on the republican side, where the hearing that validates the nomination is now before the senate judiciary committee, it's before the leonard leo federalist society, they would have to check the box and assure them that they will overturn roe versus wade, even as they come in and tell the senate judiciary committee they never think of doing such a thing. >> thank you very much. >> thank you. i want to start with what we got from the court today it was an alito author decision from the trump majority 6-3 majority, girls in dissent, holding up a republican gerrymander. >> the through line between the flag story, the clarence thomas story and their wives, and what we saw today from the supreme

court in this gerrymandering decision, the through line is that they don't want black people's votes to count equally. >> do you think that is true of clarence thomas? >> i know it's true from clarence thomas, their idea and clarence thomas today wrote straight up, that he does not think the 14th amendment and the equal protection clause of that amendment can be used to protect the voting rights of black people. i mean, he's not married to ginni thomas for nothing, that's what the man things, he wrote it today. understand this, chris, when these people like alito and thomas support the insurrection, what are they really saying? they are saying that trump lost the election, but won the white vote which is true, he won the white vote by a lot, what people should probably do something about that but he won it by a lot and what alito and thomas are saying is that white

vote, that's only votes that header, we should do what the white voters one and when they write these decisions like they are doing in the gerrymandering case, what they are saying is that black voters can be diluted, can have their voting rights taken away, simply because black voters happen to vote democrat. >> for a second, because you invoke thomas, he wrote a concurrence, the concurrence is an incredibly radical occurrence in which he basically says that the landmark 1962 baker the car case which is sort of the cornerstone upon which american democracy as we think of it now is built. is wrongly decided and the implication of that is, if you are designing say the georgia state legislature, let's say you had 50 districts, you can see atlanta gets one member and 40 rural counties each get their own member and that would be perfectly constitutional. but baker the car says you can't do that.

thomas says today like straight up -- >> straight up! >> no, actually you can do that, the constitution does not for bid that. >> the way to explain it is that thomas says the 14th amendment can never be used and the 15th amendment, he throws shade at that, too. it can never be used to protect voting rights and alito says it can be used i'm going to create a situation where you can never meet the burden of proof so alito sets the bar so high that no plaintiffs will ever be able to reach it because he disregards the facts of the case remember, folks and this is so important when it comes to south carolina, a district court in south carolina said that their district was

unconstitutionally racist. that's not me saying it, that is a -- >> it's not commentators. >> and alito says we are not going to pay attention to that evidence we are going to do this on our own steam. >> that's the substance of what they found. in the broader context to me is like, the question of what american democracy is and who gets to participate in it and i want to ask you about what your reaction to the second flag story was because the first one was jarring and galling and the second one was less surprising because it's like corsi the right-winger but the thing that struck me is why are you doing it, what does it say, you don't have to do it, you are affirmatively doing it. >> alito is in a straight up who gonna check me boo phase of his life. he's looking and saying, come at me, bro because you are weak and you won't do anything. and alito is right, he's acting the way he's acting because he knows democrats lack the strength to stop him and he shoving it in people's faces at

this point. when you were asking, you asked at the top, it's a great question, the senator asked, what will john roberts do, what can you do, folks, john roberts has spoken with a clear voice on this and that voices, i don't care. we are talking about a voting rights decision that came out today. >> authored by alito that john roberts did not have to assign the case to alito knowing that alito was going to let his proverbial freak flag fly. but then why does he release the opinion today? court still has six weeks left. if you are at all ashamed of what alito is doing, if you are roberts, you take that decision and you stick it in a drawer for a couple of weeks, hoping the story blows over but john roberts doesn't care. >> you think that was

signaling? >> absolutely. you know who else thought it was signaling, elena kagan, the second line was something like the majority's decision is upside down. >> using the upside down methodology. >> that was not an accident. as we await the extremely consequential jury instructions, how what the judge tells the jury could impact their final decision, that's next. that's nex t. with low cost ground shipping from the united states postal service. ♪♪

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ruling from the judge overseeing donald trump's new york criminal trial on the instructions that the members of the jury will receive. the judge's decision will be massively consequential and it will inform the basis of the decision. on tuesday, prosecutors and the defense lawyers argued over what should be included in the jury instructions. next week on tuesday, court comes back in session, and resumes. closing arguments that day. the judge said that may last the entire day and he hoped the jury could begin deliberating wednesday after receiving their instructions. i'm joined by lisa rubin who's been inside the courthouse for the entirety of the trial. there was some possibility that we might get the jury

instructions before they were given to the jury. what other key issues? >> i think some of the key instructions that we haven't gotten resolved yet is how the judge is going to define critical intent moment, let's go back to what the actual charges are here because we often lose sight of it. trump has been charged with falsifying business records in the first remaining, he has either falsified the business records himself or caused others to do so with an intent to defraud including an intent to commit or conceal another crime. that's what bumps it up to a felony. the defense would like an instruction that says a person acts and i'm reading from the transcript, with an intent to defraud went his or her purpose is to lead another into error or disadvantage and that matters here because the trump organization is a privately

held company. and so their argument is president trump didn't have an intent to defraud because who was he trying to defraud, these are the records of the trump organization and there's nobody who would be on the receiving end of these records. judge merchan is not likely to give the instruction the way they want because he says an intention to defraud doesn't require that there's a particular person out there that you are trying to defraud. you could be for example trying to keep up false business records for a rainy day so that when for example the fdny or the sec comes knocking, you have something already cooked that makes it look like something that the prosecutors would say was not. and so, that's an example of a way in which the defense is trying through jury instructions, to accomplish something that may be the evidence in the case doesn't accomplish for them. >> there was some back and forth on this missing witness question about whether they would be instructed about the absence of alan weisselberg who

didn't testify and yet his testimony indicates that he was a party to the plot to pull this off. the judge would say something like will or will not flag weisselberg's absence? >> this came up in the context of the judge basically saying to the prosecution, you can't tell the jurors that he is unavailable because technically, he's not. while he is in rikers, you have the right to subpoena him and bring him here. >> people testify from rikers all the time. >> and we can find out by bringing him here what he is or is not prepared to testify to and i'm prepared to examine him outside the presence of the jury so we can determine the bounds of his testimony if you were to call him. and unsurprisingly prosecution declined why, because he has a severance agreement through which the trump organization

has agreed to pay him $2 million. he owes certain cooperation obligations to the trump's that include not voluntarily aiding anybody with a claim, civil or criminal against the trump organization or any of its former or current principals including donald trump so they didn't call him and now, there's not going to be the will -- missing witness case. >> it looks like they might have gotten the case and sat on it. are we going to get a full day of closing arguments, does that seem long to you? >> it seems long but i think that's exactly what we are going to get. i think we are going to see multiple hours from both sides like in excess of two hours from each site. i will also remind the viewers that closing arguments in new york state court don't work the way in federal court we've got the prosecution goes force -- first. here the defense goes first and

the prosecution because they carry the burden of proof, they close it out so they get to rebut and present their major argument all in one. i expect that doing that will take the das office upwards of three hours. >> i'm going to ask you to predict the future. let's say it goes to them on wednesday. what do we think like is this a few days of deliberations, weeks? >> the longer it goes the less likely we are to see a conviction. in here, i don't think there are 12 votes for an acquittal at all. >> that seems very unlikely. >> it also seems unlikely that we will get a very quick like

couple hours, return of a verdict because there are 34 counts and each count corresponds literally to a different document that is alleged to be falsified so do i think we might get a verdict before the end of the week? yes, and if we do, i think generally that would be a good sign for the prosecution, the longer this goes and if we come back over the weekend, count on that being a good sign for donald trump. still ahead as donald trump campaigns a few miles north of the new york courthouse where he's on trial, this billboard popped up in route to his florida retirement home or the man responsible for this new piece of scenery joins us next. us next. the promise of america is freedom, equality, but right now, those pillars of our democracy are fragile and our rights are under attack. reproductive rights, voting rights, the right to make your own choices and to have your voice heard.

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the republican primary campaign, nikki haley became avatar for never trumper republicans. but it seemed clear that haley would end up where almost every professional republican politician ends up, which is ultimately just rolling over and yesterday, she made it official. i'll be voting for the guy i told you was unstable and unhinged. >> i will be voting for trump. having said that, i stand by what i said in my suspension speech. trump would be smart to reach out to the millions of people who voted for me and continue to support me. >> you would be smart, that's good advice, glad you are giving advice.

one of the last people who had represented some sort of internal party resistance is now endorsing him, so there's that. george conway was once republican, he's an attorney and contributing writer at the atlantic and he joins me now. i think the odds of this moment happening were close to 100%, but i suppose it is definitive, if there was any question about the republican party. what it is and what it means at this moment. >> it is a cold. that's the only way that you can describe it. it consists of basically two groups of people, mostly. some people who are basically completely who have lost it, the people we see in the house of representatives, and then there are people who are basically afraid to call out that so many people have lost it including you know, that's basically what just happened here with nikki haley, and the person who lost it the most was

donald trump. i mean, he's the crazy one and everybody is getting more crazy than he is. as nikki haley pointed out when she was telling the truth for a couple of weeks in the spring, he's mentally unstable and he's getting worse. you can see it every day in the courthouse. we can see it when he's standing out there complaining about the temperature when thermometers in the courtroom say it 74 or 75 he is saying it's freezing, you know, the lies about the election, talking about his friend hannibal lector, i mean this guy, he is cuckoo for cocoa puffs and he is getting as nikki haley pointed out, he's getting worse. >> you put up this will board outside, is it mere terrel or mar-a-lago? >> it's near mar-a-lago, a couple of exit south, if you for example, were at mar-a-lago and you happen to want to play

golf at the resort, you would go on i-95 drive south and one or two exits, on the right, you will see the sign and i thought, you know, on a lark i decided, that's a good place to put the sign. i have been making some hats that say that, kind of like the maga hats except blue and white and some bumper stickers, and a fellow named claude taylor has been putting up up billboards and you know, he texted me, i think maybe yesterday or the day before, he had a few text exchanges and said how much would it cost to put one of these up and i thought about putting it up at the holland tunnel or the lincoln tunnel but it turns out, he's not going to bedminster this summer because you know, the campaign will be run out of an office near west palm beach airport. so, this was the perfect location and i hope he sees it

and you know, i hope it amuses him as much as it amuses me. >> you said yesterday, we talk about the division, you said this yesterday about the upshot of the haley endorsement and the alito flag. a lot of people have lost their minds, a lot of people are afraid to say it. and i think one of the things that is a little chilling about the alito news is that he is in category 1 as opposed to category 2. i mean, this is your circle, these are your people, you spent your whole career around these folks. >> you keep insulting me like that, i'm going to leave. >> but it's true. >> i can't explain it. i mean, i think there has been the steady deterioration in the psychological health of a good many people on the right. why would you put -- >> can we talk about this, this is what i find so fascinating,

i can imagine, imagine george, imagine yourself, okay, 10 years ago, and you are talking to a young up-and-coming 45- year-old 42-year-old like federalist society, really bright supreme court clerk highly pedigreed district court judge in there like i'm going to fly this flag from my house. like obviously, your advice would be, are you out of your mind, don't do that, why would you do that? you are a federal judge, you can't do it but also, don't do it, why would you do that? >> it's completely, i just can't fathom it, i mean, i don't know what to think about this, other than, it's just a horrible, horrible judgment, if it's a gag, it's a horrible judgment, if it means something, it's even worse. i can't fathom it. >> luckily, judgment has

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as i've said repeatedly on the show, what is happening with the climate and how we handle it is the most important issue of our lifetimes. what happens in november will be pivotal and we don't have to guess what the two major presidential candidates might do. they both already been president, they have records. my podcast series why is this happening, you can find by scanning the qr code on your screens, i've been comparing those records on everything from abortion to immigration to tax policy. this week, it's climate change. here's just part of the conversation i had with david roberts, a reporter behind the green energy focused volta energy newsletter about that. >> i will say the importance of a second biden term is there's lots of things that have been put in motion this term that

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the war in gaza began, we've had many doctors and human rights advocates on this program, rescue workers, as well, describe the deteriorating medical emergency. but rarely, if ever, actually get to see it for ourselves from their eyes. dr. samara tarr is an american orthopedic oncology surgeon based in chicago. he volunteers his time in war zones, including in places like iraq, ukraine, and syria. he recently spent two weeks in gaza and said the situation there is the worst he has ever seen. the 13 minute opinion video diary, he shows us firsthand just how catastrophic the situation has become for palestinians in gaza's hospitals. a warning, what you're about to see is graphic and really hard to watch at times. >> the longer this war goes on, the more wounds will become infected. the more limbs will have to be amputated and

without more resources, even the people who are lucky enough to survive will be permanently disabled. on one of my last days, i come across a man collecting dirt. >> holy cow! you weren't kidding when you said you got a farm. >> his wife is regnant and he is planting a garden to grow food for his future child. >> we will have a baby after three months. i have to have some vegetables. [ laughter ] >> joining me now is dr. samara tarr who just returned last month. dr., thank you so much for sharing some time and for the footage you took. i just want to talk by level setting your appearance here because i'm struck that you, from a very early part of your medical career just gone to war zones, to places where you are already under duress from a

medical standpoint and i want to ask you to compare your experience in northern gaza to what you have experienced in other places. >> reporter: yeah, thanks for having me. the thing about northern gaza, or gaza in general is that there are only so many functioning hospitals. in ukraine, a lot of hospitals, a lot of staff. in gaza, there's only one place, one hospital where everything gets funneled. so there is an attack, there is a bomb, all the dead bodies, all the injured, they'll get funneled into one spot. you see it all happening all at once. i think that is what is so shocking about gaza it is so small, so compact, so tight. millions of people packed together. it all happens all at once. >> were in northern gaza for two weeks, it has been harder to get to talk to people who have been there because it has been so under bombardment and so evacuated. tell us where you were and what you saw there. >> we worked out of hospitals which are currently under attack

the world health organization dropped us off and basically said just bring food for a month in case you get stranded. which is what would have happened if we were there. but really it is just, it is just an apocalyptic landscape of rubble and hunger, homelessness, bombardment, everything we were doing amputations. every day we were seeing people show up, starving to death. we see folks, moms and dads, their kids hadn't had food or water for days. and at that point, when they come in, the damage is irreversible. >> could i just stop you right there? we talk a lot about famine. you're talking about people actually presenting at the hospital starving, like literally starving to death, what do you do as a doctor in that situation? what can you do? >> i mean, there's not much you can do except hold the hands of the people that brought them in. one night they brought in a 20- year-old girl, brought in by her dad. at the same time they brought

in a 32-year-old woman, the mom, the dad, the son brought her in. they hadn't had food or water for days and she deteriorated at that point, i mean, you can just give fluids and to see what happened but they are not responsive, they are not opening their eyes and they die. all you can really do is just let the family know that you are there and you did your best. that is pretty much it. that is medicine in north gaza. >> you talk also about amputations can be talk about having to intubate folks and try with the best that you have. these hospitals themselves have sustained huge amounts of artillery or bombs. what is the sort of status of just the basics of medical equipment in the actual facility? >> i mean, there is blood everywhere,'s sterility as a suggestion, as i said. are using instruments from the 1970s, doing amputation, using manual saws. we are putting in pains pens without any

electricity, without power tools. oftentimes we wouldn't have anesthesia. oftentimes the power runs out and we are operating under cell phone light. my first mission i did 11 amputations in one day. back in december. and that is when i stopped counting. >> the northern gaza security situation is particularly abject , as i understand it. hamas sort of is no longer functioning there or was routed from there, although the israeli military went back in. what is the, what is the social order there like? there is no governing authority or any official sense. there is nothing functioning in terms of like the basics of society or governance. what is it like for people there? >> ah, never got the sense

there was any governing order. just a bunch of people in trouble and they are all relying on each other. all relying on the kindness of each other. the thing about these hospitals, these oases where people come. they know that there are going to be good people there, they're going to get taken care of, that is why a lot of people live there, they want to leave in the hospitals or around the hospitals. because it is kind of like an oasis of peace. >> did you have fighters there? i know that as a doctor you give medical attention to whoever comes into the door, this is part of the hippocratic oath, did you have people come in with gunbattles? >> yeah, we just see ended, we don't see good and evil. but i did not see any fighters. i would have no idea anyway. so most of the people i treated were women and children. clear the last picture you showed, that last video we played had really stuck with me, the the man growing a garden on his roof and his wife being pregnant. and you talk about the kind of resilience of people there, just trying to plan for something better than what is there right now.

>> yeah, i just kind of ran into him, he is actually the brother of the anesthetist and it is just sad. i haven't, she is the only one that got back to me. i haven't been able to reach anyone i worked with, any of my friends who i worked with, any of the doctors or nurses. she was the only one. she sent me a voicemail today. i asked her about her brother but she never responded and she seemed to be in a lot of distress. so i think about him a lot, too. because he is just trying to provide for his wife and his daughter. but that last shot was right when you look behind them, that is the hospital. so i don't know if that garden is even there anymore. i don't know what happened to her. >> thank you very much for your time. >> thank you. >> that is all in on this third.