as my aunt says, if somebody tells you who they are, believe them, so folks are believing donald trump on conception, on abortion, on the authoritarian power grab that he and his maga extremists who control congress and state legislatures intend to enact. were going to tell that story and win as a result of that story. >> the confidence, i can feel it. patrick gaspar, president of the center for american progress action fund. it's great to see you. thanks for your time tonight and your enthusiasm. that is our show for this evening. now, it is time for the last word with my friend, lawrence o'donnell. >> good evening. we are going to be joined by harvard law school professor, lawrence tribe, to get his notion of what those flags flying tell us about samuel alito. >> i'm eager to hear his assessment. >> he's been thinking about it. i'm sure he has but i will be

watching. have a good show. the worst supreme court justices were not appointed by the worst president. donald trump's three supreme court justices have not yet proven themselves to be worse or more ethically challenged than the two who are now in an intense competition for the title of worst supreme court justice, clarence thomas and samuel alito. they were each appointed 15 years apart by presidents from connecticut who wanted you to believe they were from texas. the bushes were born in connecticut, where the family had deep roots. the father of the first president bush was prescott bush, republican senator from connecticut. the bush family preferred to go to college close to home and so, father and son, president spoke, went to jail. there what was then called

country club republicans, which simply meant they hated paying taxes. the first president bush was a supporter of planned parenthood before he was selected to be ronald reagan's running mate in 1980, whereupon he had to suddenly pretend that he was opposed to any and all abortions. by the time george w. bush was running for president, country club republicans had been banished from the party and replaced by born-again christians, which george w bush claimed to be. 1988 was one of those years when presidential campaign polls could not have been more wrong and giving massachusetts governor michael dukakis a 17 point lead in the summer over vice president george hw bush. we are suffering with the reign of clarence thomas on the supreme court because george h.w. bush won the presidential election in 1988, served only one term, and left only one legacy, clarence thomas.

clarence thomas, who has clearly become the most publicly corrupt supreme court justice in history, taking massive amounts of money, hundreds of thousands of dollars. he has not paid income taxes on the money that has been handed to him by a billionaire who doesn't want clarence thomas to have to live on his salary and his wife's substantial income. clarence thomas may be a tax criminal. we don't know yet because he refuses to answer questions about the tax treatments of all the money that has been handed to him. personal financial corruption, as egregious as it is, does not leave the mark on history, the corruption of judicial

scholarship leaves on the supreme court in the country, and the lives of everyone living under laws written, some was say, invented by the spring court. which brings us to samuel alito, who is the product of a presidential election that was decided by the republican majority on the supreme court. in the year 2000 when the supreme court decided to stop counting votes in florida, their decision, they knew, give the election to the republican candidate, george w. bush over al gore. george w. bush was the first candidate in history who did not get the most votes, but won the presidency. al gore got more votes than the person who won the electoral college or should i say come in this instance, was awarded the electoral college by the supreme court in a 5-4 decision. that was the first time in my life that i heard people who

had spent their lives respecting the supreme court suddenly saying that the supreme court had become just another partisan institution. many people, me included, tried to think of it as a single decision that was a close call that looked partisan, but might not be. time will tell if the supreme court had become another arm of republican governance. now, it's worse than anyone thought in 2000 after the bush versus gore decision. samuel alito was the first and only supreme court heckler during estate of the union address. samuel alito disgraced himself in the supreme court. when he decided he had something to say during the state of the union by the first black president of the united states. >> last week, the supreme court reversed a century of law that

i believe will open the floodgates for special interests, including foreign corporations, to spend without limit in our election. >> there was alito saying not true when president obama was criticizing the courts disasters is decision on campaign finances. samuel alito was listening to a president who went to a better law school than he did, and was a better law student. president obama was the president of the harvard law review when he was in law school. was it a coincidence that the president was lack? would alito have pulled his punk stunt against the white democratic president? he hasn't done it again with

joe biden but then, samuel alito has not shown up for a single state of the union address since that time in 2010 when he decided to talk back to the president of the united states, when he decided to be the first and only supreme court justice to ever do that. the year before samuel alito did that, republican house member joe wilson was the first heckler of a president in an address to a joint session of congress. it was congressman wilson who famously yelled you lie at president obama. congressman wilson's voters in south carolina no doubt love that. and now, heckling the president is something that marjorie taylor greene and her friends think they are good at during state of the union addresses. so, think about that. first, a vile clown congressman yells you lie to president obama and then the next year, the supreme court justice is not true. to president obama during his state of the union address and now, republicans heckle the president during the state of the union address a dozen at a time. samuel alito is one of

them. if he were a member of the house now, he would be in the back benches with marjorie taylor greene, yelling at the president. he has given an explanation for why he was flying the american flag upside down that is obviously a lie. no sane person could believe it unless it is to be taken as an insanity defense by justice alito. when the new york times reported that the alito home had the american flag flying upside down after the january 6 attack on the capital which happened right across the street from the supreme court, justice alito told this lie as his official explanation. >> i had no involvement whatsoever in flying the flag. it was briefly placed by mrs. alito in response to a neighbor's use of injectable -- objectionable and personally insulting language on yard

signs. justice alito did not have the decency to come up with a story that had minimal logic unit. like his supreme court opinions, alito did not care how preposterous that defense was. so, the supreme court justice wants you to believe that his wife saw something in a neighbors yard that made her run out to the flagpole, pull down the american flag, turned it upside down and run the american flag back of the flagpole upside down as some kind of nonverbal insult payback to her neighbor? i refuse to believe that about mrs. alito and i refuse to

believe the supreme court justices attempt to blame this on his wife. two full days have passed now since the second flight was found, the second alito home, the summer home in new jersey. the second flag was one that was carried by the attackers of the capital on january 6, just like the upside down american flag was. this one is called an appeal to heaven flag. justice alito has not recused himself from two cases currently pending before the supreme court involving the attack on the capital on january 6, including donald trump's possible complicity in that attack. he has, of course, an obligation to recuse himself because recusal is based on the appearance of bias, not the actual fact of bias. appearance is enough. the fact does not have to be proved. it can simply be a reasonable suspicion of bias. justice alito's silence about the second flag only amplifies the suspicion every day. george w bush did this. voters who didn't want the

supreme court to take their rights away but decided there was no real difference between al gore and george w bush did this. voters who did not show up to vote in 2000 because they didn't think anything was really at stake did this. we are living in the worlds created by the voters who through neglect or their own choice, elected george w. bush, and the voters who, through neglect or their own choice, elected donald j. trump. there is only one way for us to stop the control of our lives by the first president and his supreme court justices. the first president bush on the second president bush and donald trump other supreme court justices, and that is to vote for a president who will not appoint people like samuel alito to the supreme court. there is only one person knew, one person standing between us and the next samuel alito.

and, that person is joe biden. today, the supreme court issued a samuel alito decision, not surprisingly, rejecting a challenge to south carolina's congressional redistricting packs, a challenge brought by voters who said it was deliberately designed to reduce black representation in the house of representatives. the justice in her dissent of the alito opinion referred to his opinion as quote, and upside down application of the law. justice alito actually used the phrase upside down twice. in her dissenting opinion, and obvious reference to samuel alito's upside down american flag and his upside down legal scholarship. leading off our discussion is professor laurence tribe, who has taught constitutional law at harvard law school for five decades. i have to ask you. i feel sometimes when we discuss these things, like i'm

talking to a chemistry professor who has been teaching the periodic table of elements for more than half of his life, and suddenly, the periodic table of elements is just being ripped up, and chemistry becomes guest work -- guess work in the scholarship is disappeared. i can imagine what it feels like to be in the field of constitutional law in trying to teach constitutional law on such shifting ground. >> i have to say it feels challenging to say the least. it is like turning the table of elements upside down. it was not just the american flag samuel alito flew upside down. i think he has turned much of the constitution, as much as he can get his hands on, upside down, and inside out. he did that with the law of

racial gerrymandering today. there was a brilliant dissent by justice kagan. not brilliant only because of the use of this or that phrase. she just showed that in every respect, samuel alito was thumbing his nose at the law, turning inside out all of the standards that go back to earlier decisions. there was a decision in which she had written the majority in 2017. he had written the dissent, and he basically creates that cases that the dissent was the law, so samuel alito has not acquitted himself well in recent days. these two flags obviously signal sympathy with the insurrectionist, and the excuses he has given ranging from my wife did it to utter

silence in the second case, and the excuses a lot of republicans are giving, you know, some of them are saying the appeal to heaven flag was, after all, similar to the one used by george washington when he was expressing the virtues of revolution against king george, but in this case, we are not talking about a revolution against a foreign king. we are talking about an insurrection against the transition of power by someone who would make himself king. it is all the difference in the world. >> i want to listen to something justice alito said in the supreme court. during the arguments on the question of immunity for donald trump, let's listen to those. >> if an incumbent who loses a

very close, hotly contested election, knows that a real possibility after leaving office is not that the president is going to be able to go off into a peaceful retirement, but that the president may be criminally prosecuted by a bitter political opponent, will that not lead us into a cycle that destabilizes the functioning of our country as a democracy? >> that, for me, was the born yesterday, it the likes of which i had never heard in the supreme court. here is a justice ignoring not just judicial history but history we all know. he's ignoring 230 years of that never happening. >> right, it is amazing he is imagining that the real danger is that the president, who knows that if he commits

terrible crimes, he might be prosecuted, that is going to create a terrible situation, then as you say, we haven't ever had for as if he ignores the danger of a president who says i can commit whatever crimes i want including crimes against the country to stay in power after i lose the election , and i will be home free. i will have absolute immunity, it turns, as i say, it turns everything upside down to have that sense of what the dangers are, and i think that we now know that this immunity case, which has been sitting in the court for a very long time, is a case in which the president of the united states might be given de facto immunity. if the court just sits on it until the end of june and then send it back down to judge check in or

to the d.c. circuit for further proceedings, we are never going to get an answer of whether the president of the united states, as he then was, was guilty of abusing his power to stay in power and commit crimes because if he becomes president again, he will simply fire any attorney general who would keep the prosecution going. so, right now, the supreme court is complicit in granting those who hold the greatest power in the country the kind of get out of jail free card that will make them even more willing to commit crimes than trump was. >> harvard law professor laurence tribe, thank you very much for starting off our discussions tonight. >> thanks, lawrence.

coming up, donald trump lost another appeal today, this time in new york, from his absurd attempt to remove judge merchan from presiding over his criminal trial. andrew wiseman -- andrew weissmann joins us next. joins chris counahan for leaffilter— the permanent gutter solution that protects your home in so many ways, it takes more than one chris to explain it. but together, i think we've got the job covered. like leaffilter's has your gutters covered.

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available in the baking aisle. today, the attorney general of the united states felt compelled to say donald trump is lying when he had his most pathetically gullible supporters begging for money and telling them about the new fbi search of his florida home. >> most of us got a solicitation email this morning from the president of the united states saying the justice department had authorization to kill him during the mar-a-lago raid. first, can you give us some clarification on that particular point that he's making and whether or not deadly force is authorized in other interventions, including the search of mr. biden's residence and office, and the second question is --

>> one of the time. and that one, that allegation is false and it is extremely dangerous. the document that is being referred to in the allegation is the justice department's standard policy limiting the use of force. as the fbi advises, it is part of the standard operations plan for searches and in fact, it was even used in the consensual search of president biden's home. >> we dealt with this nonsense on this program last night. of course, the fbi rules restricting the use of deadly force, not authorizing the use of deadly force, are part of the paperwork of every search warrant. today, an appeals court denied donald trump's appeal of his motion to remove judge merchan

from presiding over trumps criminal trial in manhattan, which is almost over. it is one of the many pointless appeals pursued because donald trump's lawyers are being paid not by donald trump, but by the weakest mind trump supporters who actually send money to donald trump to pay for his criminal defense lawyers. those trump contributors are the first campaign contributors in the history of presidential campaigns to send money to their candidate to pay for criminal defense lawyers. joining our discussion known -- now is andrew weissmann, legal analyst and co-author of the new york times best-selling book, the trump indictments, so andrew, no surprise on the recusal motion of being denied at the appeals level in new york, something that to me, it is one of those examples of trump lawyers running often every single direction that those contributors fund them to do.

>> tonight, there is an ability since there is no trial today to step back and i noticed what we are trying to do is compose a logical and legal grid on things that are illogical and untethered from facts or the law. so, that is the clip you played of merrick garland, him basically saying okay, that's crazy, and to use nicolle wallace is expression, earth one and earth two. the illogic of donald trump saying you know, i think he was planning to kill me, is, he is actually in the supreme court right now arguing that the president of the united states should have that ability, so it's like really? because that is what you argue you should be able to do and now your say no, it's

outrageous that he's doing it but that is in fact what donald trump, if he is re-elected, that is exactly what he wants to be doing. with juan merchan, the trial is over. he's not going to get him removed but he's already gone back to the 2016 playbook of saying juan merchan, of course he's unfair, look where he came from and it's all that sort of dog whistle and sometimes a megaphone, what he means and it is really something very hard to sit here and have a logical , dispassionate conversation because you are not really dealing with something where they are playing on that playing field. >> judge merchan born in columbia, i believe, his family came to the united states. he worked his way through school on the low level jobs that somebody would have to get in

new york city. i have to say i've never seen a better judge. i've seen as good, but it's hard to think of a trial judge under more pressure. he's got a former press president of the united states as a defendant. how he handles that, and it's a great tragedy of this trial not being told by us is that america can see that. >> i couldn't agree more because one side or the other is likely to be disappointed. one thing you and i and the few people who have actually been there know is that this is a fair trial. we don't know about the jury yet, but if you look in the dictionary for judicial temperament, even in the face of the kind of garbage at

worst, that this defendant has pulled -- >> attacking the judges daughter . >> and you would not know that for a second and any of his rulings. he is just remarkable. >> every day. good morning, mr. trump, from the judge and of course, nothing back from trump. andrew weissmann, thank you for joining us tonight. coming up, is there an insurrectionist or two on the united states supreme court? next. tates supreme court? next. so am i. because i'm at risk for pneumococcal pneumonia. come on. i already got a pneumonia vaccine, but i'm asking about the added protection of prevnar 20®. if you're 19 or older with certain chronic conditions like asthma, diabetes, copd, or heart disease, or are 65 or older, you are at increased risk for pneumococcal pneumonia. prevnar 20® is approved in adults to help prevent infections from 20 strains of the bacteria that cause pneumococcal pneumonia. in just one dose. don't get prevnar 20® if you've had a severe allergic reaction to the vaccine or its ingredients.

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in america, no one is above the law. that includes the supreme court. that includes samuel alito. >> in his latest new york times column published before yesterday's new york tis report about the second flag signifying support for trumps attempt to illegally overturn the last election flying over a home owned by supreme court justice samuel alito, [ inaudible ] wrote there is no question justice alito is a genuine republican partisan who is more than willing to share views that echo narratives aired throughout conservative media. it is not that far-fetched to think of supreme court justice might have internalized the extreme views of the insurrectionist right. there is every reason, and then some to think that a leader believe many of the same things that any other republican of his age and ideological

disposition might also believe, especially when his social world seems to consist of similarly like-minded, goal oriented partisans. joining our discussion now is host of the podcast, in clear and present danger. >> your column really made me think of samuel alito more clearly. i'm one of those people, i, -- i think, has to get rid of the notion of looking up to the supreme court justices as i did as a child of looking up at these supreme court justices and thinking they were of another order when in fact, there is no available evidence that samuel alito is a guy he would be if he had never

become a judge, just a guy in a republican country club saying those things. >> i think that is right and it's not just alito. if you look at the history of the supreme court, it has been filled with partisans, those people who are advancing a set of political goals and so i think it is useful, really, to understand that the members of a court are political actors and in the case of justice alito, very clearly, a partisan actor and the most recent story about the flag flying at his new jersey vacation home, i think is just more evidence of this. i don't really know what else you could conclude, looking at these two stories, other than the fact that -- other than the conclusion that justice alito

has these insurrectionist sympathies at the very least, which makes it unacceptable that he is offering any opinions on the cases before the court concerning the former president. >> that is the big issue here, is that he is so obviously biased, and in a job where you are supposed to recuse yourself if there is even the slightest appearance of bias. >> that's right. we, as a public , can have no faith that justice alito is going to be judging these cases according to their merits versus according to what would most benefit is partisan and political and ideological allies, and my sense, especially in trumpian united states, the case concerning whether or not the former president has criminal immunity, my sense is that alito's

arguments in that case does suggest a real sympathy for the former president and his allies that goes beyond so sort of dispassionate analysis of the situation, and is much more an affinity with the former president with his allies. >> yes, alito, as we just played that sound, alito on the supreme court bench and voiced the trumpian madness, this insane dreamscape of every president of the united states being prosecuted somehow at the instigation of whatever president takes over after that person. ignoring 230 years of history where that had never happened. i mean, that is a public failure of a very basic intelligence test. if you said that in high school, you would flock -- flunk the american history course. >> that's right. it is a ridiculous supposition

justice alito made. i want to zoom out real quick and say that i think this scandal around justice alito and justice thomas, the fact that the court over the last several years has been overturning major precedents, advancing the law in directions that seem completely untethered to the past. i think all of this is a sign that reforming the supreme court means to be a high priority for people who believe that progressive politics is something that should be pursued, or people who believe that americans have a right to self-government, that this court , of which alito is emblematic, is sort of out of control, and seems aware of the fact that there is not much immediately that can be done about it, but there are options.

there are possibilities, and they need to be on the table for thinking about how to respond to a court that really does seem to hold large parts of the public in contempt. >> you know, this is a court in crisis. jamelle bouie, thank you for always expanding my thinking with your writing and for joining us tonight. coming up, there is one place in america where it is against the rules to mention that donald trump is an indicted criminal defendant was currently on trial, and the call that place, of all things, the people's house. that is next. .

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no one knows the rules of the house of representatives better than the honorable james patrick mcgovern, who started his career as a young man in the house of representatives in 1981 working on the staff of south boston congressman joe merkley, who became the chairman of the house rules committee. chair of the rules committee was jim mcgovern's dream when he was elected to the house of representatives in the -- 1996. he became chairman in 2019 and now with the democrats in the minority he serves us with the call the ranking member of the committee in the minority party. on the floor of the house today, jim mcgovern gave the rules of the house a new test,

and unprecedented test. >> republicans are skipping their real jobs to take day trips up to new york to try to undermine donald trump's criminal trial. no time to work with democrats but plenty of time to put on weird matching uniforms and stand behind former president trump with their bright red ties like pathetic props. maybe they want to distract from the fact that their candidate for president has been indicted more times than he's been elected. maybe they don't want to talk about the fact that the leader of their party is on trial for covering up hush money payments to an adult film star for

political game not to mention three of the criminal felony prosecutions he is facing. i understand why my republican friends want to distract from donald trump. they don't want to talk about how trump had the worst jobs record since the great depression, how he sold out our allies and empowered our adversaries, so they bring silly things like this to the floor to deflect and distract from the fact that they have no real vision, just division. and no real plans to make life better for the american people and with that, i reserve my time. >> the chair would like to remind members to refrain from engaging in personalities toward presumed nominees of the office of the president. the gentleman from massachusetts reserves. the gentlewoman from indiana is recognized. >> massachusetts isn't the only word jerry lee carl junior of mobile, alabama, cannot pronounce. jerry lee carle, who has no idea what he's doing up there at the podium and has to read every word he says, was elected to the house of representatives in 2020, and was defeated earlier this year and a

republican primary by a fellow republican congressman from alabama who was redistributed out of the district and decided to take jerry lee carle's seat away from him and so these are jerry lee carle's final days in the house of representatives. it is very unlikely he will say anything again in the house to come to our attention, but he had the misfortune yesterday of being the junior member assigned to the thankless task of mechanically presiding over the house when congressman jim mcgovern presented him with the child's, that jerry lee carle simply could not comprehend. >> mr. speaker, a few moments ago i was admonished for stating the simple fact that the former president was indicted by a grand jury and

was on trial in a court of law. that's not my opinion. it is just the truth, so i have a problem at your inquiry, mr. speaker. >> the gentleman will state his inquiry. >> mr. speaker, has the chair determined it is on parliamentary to state a fact? >> the chair is not in a position to determine the veracity of remarks made on the floor. members must avoid personalities. >> well, that is unbelievable. last week during debate, republican member of this house said, and i quote, watch the former president of the united states being hauled into court day after day with a sham trial .end quote. he was not admonished. i just referenced the same trial and i was, so mr. speaker, i have to ask a further parliamentary inquiry.

>> the gentleman will state his inquiry. >> mr. speaker, is it correct that members of congress can mention the trial of the presumptive nominee for president, call it a sham, and question the integrity of the judge, but a reference to the mere existence of that same trial without any characterization, that is out of order? >> the chair will not issue an advisory of opinion. >> one last parliamentary and for, mr. speaker. is this restriction originally founded at least in part on the principle in jefferson's manual that quote, in parliament, to speak irreverently or seditious lee against the king is against order,end quote. is that with this is about? i have jefferson's manual here. >> members must avoid personalities and debates. to rule, 17 in section 370 of the house rules and manual. >> so it is, in fact, based on that -- on jefferson's manual.

mr. speaker, donald trump might want to be a king, but he is not a king. he is not a presumptive king, he is not even the president. he is a presumptive nominee. and i know you are trying to do your job and follow precedent but frankly at some point, it is time for this body to recognize that there is no president for this situation. we have a presumptive nominee for president facing 88 felony counts and we are being prevented from even acknowledging it. these are not alternative fact, these are real facts. a candidate for president of the united states is on trial for sending a hush money g payments to a pornography star to avoid ascandal during his 2016 campaign, and then fraudulently discussing this payments in violation of the law. you start with conspiring to overturn the election. he is also charged with stealing classified information and a jury has already found

him liable for sexual assault in a civil court and yet in this republican-controlled house, it is okay to talk about the trial but you have to call it a sham. it is okay to say the jury is arraigned. >> mr. speaker, i demand that his words be taken down. >> it is okay to say the court is corrupt but now trump is corrupting the rule of law. >> indiana? i demand that his words be taken down. the gentleman from massachusetts will be seated. the clerk will record the words. >> and so the clerk of the house had to consult with the parliamentarian to find exactlye which words congressman mcgovern said violated the rules of the house. it took over an hour, with the house floor silent for the entire time. before the clerk was ready to record the offending words.

>> order. clerk will report the words. >> we have a presumptive nominee for president, facing 88 felony counts. we are being prevented from even acknowledging it. these are not alternative fact, these are real facts. a candidate for president of the united states is on trial for sending a hush money payment to a pornography star to avoid a scandal during his 2016 campaign. then, fraudulently discussing this payments in violation of the law. he is also charged with conspiring to overturn the election. he is also charged with stealing classified information. a jury has already found him liable for sexual assault in a civil court and it in this republican-controlled house it is okay to talk about the trial but you have to call it a sham. it is okay to say the jury is rigged but not that trump should be held accountable. it is okay to say this court is

corrupt but now trump is corrupting the rule of law. >> the chair is prepared to rule. the words of the prgeneral and from massachusetts accused the presumed nominee of the office m of president of engaging in illegal activities. the presumed nominee for the office of president are according to the same treatments under the rules of the decorum in debate. it is not a prerequisite for treatments under the presiding, as though they are nominees. i messed that one up, i am sorry. the chair has abolished members on the basis of numerous occasions. >> yeah, you heard right, he said abolished members when he meant, admonished members. >> although remarks and debate may include criticism that such

candidates official position as a candidate, it is a breach of order to refer the candidate in terms personally offensive, whether by actually accusing or by merely insulting. also, as such, in section 370 of the manual, the acquisition that the president has committed a crime or even that the president has done something illegal, is not an order. >> yep, jerry lee said that the acquisition that the president has committed a crime, when of course he meant, the accusation that the president has committed a crime. he is not good at reading in public. >> the chair relies on the precincts of march 19, 1988. >> yeah. he meant precedents, but he said

the precincts of march 19, 1988. >> and finds that the remarks consistently a personal attack, without objections, the offensive words are stricken from the record. >> and so, those words will not be in the congressional act, so this is the country you live in. in 2024, the country where it is against the rules of the house of representatives to say -- >> the leader is on trial for covering up hush money payments to a porn star for political gain, not to mention three of the colonel filip name prosecutions he is facing. >> unbelievable. >> that is unbelievable. last week during debate a republican member of this house said, and i quote, watch the former president of the united states being hauled into court

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