parental rights back into the conversation. talking about free speech on college campuses. all of these things are in the zeitgeist if not actually legislative solutions being sought by conservatives at the state level. >> and when you understand the story of how roe fell, what was that? the legislation to courts to law and the pipeline. then you can understand okay, this make sense of these other big, cultural, transformative issues we are seeing play out. it is a blueprint. >> like i said, it is so comprehensive and the fact that you talk to the right about how they won the war or at least the battle, and makes it essential reading. elizabeth dias and lisa lerer, authors of the fall of roe, right now on book shelves and wherever you order books. however you want to read it,

just read it. thanks for being here tonight. that is our show for this evening. now it is time for the last word with my friend, lawrence o'donnell. >> good evening. i just noticed that adam schiff is here as his role as a member of the crazy house judiciary committee meeting today, but he is also going to be the next senator from california. he is the democratic nominee and he will be joining us. andy cam will join us right after he won tonight in new jersey, the senate nomination for new jersey and jon tester is with us, who has the nomination in montana, running for reelection. >> so you could pass a law tonight. >> something close to a quorum. yes. >> there is a lot of possibility for your hour of television. i will be watching. >> thanks, alex. >> have a good show. >> thank you.

my first thought this morning was the house republicans were behaving like children once again, but i realized how wrong i was when i saw a c-span video of an actual child in the house of representatives, sitting behind his father yesterday while his father spoke to an empty house chamber. >> regardless of one's opinion of the current republican nominee, we would be well served to remember the long and cherished tradition we have in this country of settling our political differences at the ballot box. for nearly 2 1/2 centuries -- >> 6-year-old guy rose was just having some fun after his father told him to smile at the camera for his 3-year-old brother who would watching and guy really is a great big brother, because that is probably exactly what

his 3-year-old little brother wanted to see. that is what i would've wanted to see when i was three years old. it is fair to assume that guy was not paying any attention to what his father was actually talking about, but his reactions were perfect. for more than half the country who know just how absurd it is for republican tennessee congressman john rose to praise the long and cherished tradition we have in this country of settling our political differences at the ballot box. because on the same house floor on january 6, 2021, john rose voted to overturn the presidential election. he said the selection was not settled at the ballot box. we republicans will settle it right here in the house of representatives. that is what john rose wanted to do and that is what he voted to do. so anyone who knows that about

john rose probably would have had a very similar facial expression to what we saw behind john rose when he expressed his reverence for that cherished tradition of settling our differences at the ballot box. it turns out the 6-year-old in that video was the only honest person in that video. so, no, house republicans do not behave like children, because children are more honest than they are. today's republican-controlled house judiciary committee meeting was supposed to be about oversight of the justice department, which has more than 115,000 employees and a budget of $39.7 billion administered by attorney general merrick garland. the attorney general got no questions about that budget in the so-called oversight hearing, which began the way

elementary school classes begin, with the pledge of allegiance. the pledge of allegiance is something that no house or senate committee has ever found necessary until the republicans won control of the house in this congress and of course the pledge of allegiance makes absolutely no sense in a body where everyone takes an oath of office. the oath to protect and defend the constitution of the united states has been repeatedly violated by many of the republican members of the house who so eagerly stood for the pledge of allegiance and the judiciary committee hearing today. the pledge of allegiance pledges allegiance to a flag, not the constitution. the chairman of the judiciary committee violated his oath of office on january 6 by voting to overturn the presidential election. jim jordan leads the performance art of pledging allegiance to the flag in the

judiciary committee, as he did today. >> we welcome everyone to today's hearing on oversight of the department of justice. the chair recognizes the gentleman from california to lead us in the pledge of allegiance. >> and to the republic for which it stands, one nation under god, indivisible, with liberty and justice for all. >> no harm in a little flag worship, right? except that they don't mean it. >> i have to say that i am pleased and a little bit surprised to see that the flag in this committee is still flying right side up, because they want to turn it upside down even as they want to turn our justice system upside down. >> there pledge of allegiance to the flag is a lie. their allegiance is to donald trump and they have pledged

that allegiance much more convincingly than their allegiance to the flag. they would turn that flag upside down in a second if donald trump ordered them to. none of those republicans have any problem with supreme court justice samuel alito flying the same flag upside down at his home in support of and sympathy with the people who attacked the capital on january 6. the upside down flag, which mirrors the upside down flags carried by the attackers at the capital, went upside down on the flagpole only after january 6. here is a flag that has never been upside down. that is the flag outside my office window. that is the shot of it today for my phone. that is the way it looked at about 6:00 p.m. tonight. the american flag -- put that back up there. the american flag flying outside the fox propaganda headquarters would never be

flown upside down. but everyone working inside fox has to now pretend that there is nothing troubling about the alito flag. we have a right to expect that supreme court justices did not have political views that were as extremist as the worst of the fox propagandists. who would have guessed that a supreme court justice was more likely to fly the flag upside down after january 6 then fox was? the republicans on the house judiciary committee today did not want to talk about a propaganda flag flying supreme court justice or any federal judge or anything about the federal judicial system. they just want to pretend that there was something wrong with the most criminal president in history becoming a criminal defendant. the first republican question

of the attorney general today said last year that he wants to abolish the fbi. >> we either get this government back on our side or we defund and get rid of, abolish the fbi, cdc, atf. >> abolish the fbi. that is the republican position. attorney general garland in his opening statement mentions just some of the things that the abolish the fbi party does not care about. >> 10 days ago we secured the extradition of one of the lead assassins of the sinaloa cartel, one of the most dangerous drug trafficking organizations in the world. last month we secured a 27 year prison sentence for a man who attempted to kill nypd officers in a terrorist attack. times square, 2022.

just the first three months of this year we charged seven members of a hacking group backed by the chinese government. we disrupted a botnet controlled by russian intelligence services and we seized over $108 million and 500,000 barrels of fuel that otherwise would have enabled the government of iran to further support hamas, hezbollah, and other terror groups. we have continued our work to drive down violent crime. work that we know is paying off. last year's historic decline in homicides, the largest one year decline in 50 years, is continuing. in the first quarter of this year we have already seen an 18% drop in murders. >> congressman matt gaetz wants to abolish the fbi. he doesn't want the fbi to do any of that work. in fact there was not a single republican on the committee today who supported any of that

work done by the fbi. >> maybe the people in america are not living in a bubble, maybe we are. >> that was republican barrymore, who was feeling his way toward the truth that the republican members of the committee are indeed living in a bubble, a trumpet bubble. there is lying and then there is republican lying. >> i've given my life to the law. i care deeply about the law. >> no republican on that committee has a more perverse relationship with the law then congressman matt gaetz. congressman gaetz echoed the republican demand to release audio recordings of a special prosecutor's interviews with president biden about classified material found in his vice presidential papers in

a nonsecure location, which president biden immediately reported as soon as they were found. the special prosecutor found there was no criminal conduct or intent on joe biden's part and praised president biden's cooperation with the investigation. >> i just want to get this straight. mr. gaetz once the attorney general to reopen and publicize information from an investigation that a donald trump appointed prosecutor closed against president biden, while at the same time gaetz himself is protected by the same doj policy that is refusing to voluntarily turn over evidence from his sex trafficking investigation. >> democratic congressman joe negus asked about the most deadly threat facing americans. >> i wonder if you might expand a bit on your work as it relates to gun violence.

>> the bipartisan safer communities act has been helpful in our effort to combat gun violence. it has led to a substantial number of prohibited sales of guns to minors. statutes prohibit possessing because of conduct they may have engaged in. it is giving us the authority to bring cases for straw purchasing that has led to crime guns and gun trafficking to chemicals days two criminals and in those ways has helped drive down numbers. we have set up centers where state and local counterparts can trace guns found at crime scenes to determine whether they were used by serial killers, serial shooters, to help us find out, to run the dna off of the casings, so that we can find hits on those people and arrest them and prevent them from committing

further crimes. there is a host of things the department is done, but the principle kind of violence we are worried about is gun violence. that is what causes the enormous number of deaths we face every year. >> and republicans want to abolish the fbi. leading off air discussion tonight is andrew weissmann, former chief of the criminal division of the eastern district of new york. he is co-author of the best- selling book, the trump indictments. neal katyal is with us, former acting attorney general who has argued more than 50 cases before the supreme court. he is a professor at georgetown law. they are both, we are lucky to say, msnbc legal analysts. andrew i want to start with you because of your experience in the justice department and the fbi and to take this oversight hearing seriously today, the imaginary world in which this can be a serious hearing. there are so many serious issues of oversight that should

be a concern to the house of representatives today, at this point. where the department is. what is your reaction to the republican approach we sought to this hearing, including members who actually said out loud repeatedly they want to abolish the fbi? >> so, i want to try to differentiate sort of republicans now versus what i would say is democratic and republican traditional support for law enforcement and the fbi specifically. prior to trump, the fbi was viewed as a political and it is and was a political to its core. it's sole mission is to protect the american public and whether

it is street crime, bank robbers, cybercrime, terrorism, murders, civil rights, i mean, just a huge, wide array of crimes that need to be detected and prosecuted and that is its bread and butter and there are 30,000 people who are dedicated employees and looking at them through a politicized lens is so wrong and i want to say that is true when you're dealing with democrats and republicans who supported the bureau. the question i got when i was the general counsel, when i was dealing with so-called politicals, because the bureau only had one, which was the fbi direct. the rest, nobody is a political appointee. the question i would get is what do you operationally need to? you didn't have to worry about

the politics of it. you just focused on your mission. i'm not going to say that during political season, so- called silly season, people didn't try to take pot shots and make those kinds of arguments, but especially under robert mueller, who was there for 12 years and even before him, other people, it is a fundamentally a political institution. it is not that it doesn't make mistakes, like every institution, but it is filled with people with good intent who our public servants. i think merrick garland did a terrific job in highlighting the work of the fbi and department of justice today. >> with your experience in the justice department, what would you want to ask, what would you want to illuminate in an oversight hearing like this today on this calendar day, where we are in our history?

involving the justice department and the attorney general's job and with the attorney general is responsible for. >> i will tell you where i would not start. i would not start with the claim that the justice department is weaponized. i know that republicans love their guns, but the word weaponization doesn't even belong in the same sentence as department of justice under merrick garland. if we want to talk about weaponization of the justice department, the house needs to look at bill barr. to me the most important point is how in the world can these people be saying that the justice department is politicized when literally today, right now, it is prosecuting the only living son of president biden, hunter biden. so if i were to ask a question it would be about merrick garland. in a way he represents the cautious best of our judicial system. before he was there he was

chief justice of our nation second-highest court for 20 years, never overturned by the supreme court. known as careful and meticulous. the question i would have is maybe you have been too careful. you obviously want to avoid the legacy that bill barr and others tried to impose on the justice department and go back to the traditions andrew talks about. traditions that everyone i know who served in the justice department takes so seriously. the independence and the avoidance of impropriety. the question i have is has that failed? you assume good faith and look at what these people have done. we grew up in a system where people like orrin hatch were the committee chairs. they were republicans who understood institutions and were cautious in their criticism and not kind of all over the way -- the place

baseless attacks which could lead someone to get hurt. trump is now saying all of this nonsense about mar-a-lago and the way his life was threatened. it is the same protocol used for president biden as well. so a lot of meandering uselessness, but also some dangerous stuff from congress today. >> andrew, it could not be a worse week for the republicans to try to make a ridiculous claim that the justice department is being used politically. democratic senator robert menendez, in the middle of his federal trial, charges brought against him by merrick garland's justice department. you have hunter biden on trial. you have a democratic member of the house in texas indicted. federal indictments, all. this is the rare hearing where republicans had almost nothing, almost nothing to say about hunter biden. they barely mentioned him. >> absolutely. this is one where the contrast

between donald trump and the way he wielded his power over the department of justice, whether you are talking about the roger stone case, his crony, or the michael flynn case, where he sought to have the department dismiss that case. it met much resistance by the federal judge. a real abuse than of the pardon power to pardon his political cronies. at the same time you have an example of the current president, president biden, who is not pardoning his own and only living son and he could, any day of the week, order his department of justice, he has the power to order his department of justice to get rid of the case and he has not done that because he believes

in the rule of law. everyone should step back and think about that. his own son. his last living son. he has the power because of the executive to take steps to say that he should not be held responsible and he is letting the legal system go forward because that is what it means to be in a country that is committed to the rule of law. if you want to know that he is living that principal even when it means his own son, you only have to look at the moment of the sort of clown show that we saw today in congress. >> andrew weissmann and neal katyal, thank you both very much for starting off our discussions tonight. coming up, congressman adam schiff was in the room today at the committee hearing. congressman schiff will join us next. for the acute treatment of migraine with or without aura and the preventive treatment of episodic migraine in adults. it's the only migraine medication

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they say it is unprecedented to bring charges against a former president. we have never had a president of the united states who was making hush money payments to a star and covering it up. you never had a president withhold classified information and obstruct an investigation. that is unprecedented. we never had a president incite an attack on the capital. that is unprecedented.

you know what else is unprecedented? the fact that so many leaders of that party are perfectly fine with all of that. >> joining us now is adam schiff of california. he is a candidate for senate in california. he served on the january 6 committee and was the lead impeachment manager for the first impeachment trial of donald trump in the senate. thank you very much for joining us tonight. i know you only get five minutes to speak in the committee and when i was listening to you today i was thinking tonight we could offer you more. did you leave anything unsaid in your five minutes this morning? >> i was mostly focused on this conspiracy theory that somehow the president through the justice department was pulling the strings in the manhattan d.a.s office. if i had more time i would've gone into the other conspiracy theory. in many ways, equally if not more sinister about the search

of mar-a-lago. that the fbi went in with the hope or expectation of drawing guns on the president. that is so dangerous, wrong, and i would've used a little more time to debunk that, but my take away, lawrence, candidly, as i watched this spectacle on the doj side -- on the gop side, that in the beginning there were a few people who stood up to him in some way, shape, or form. they are all going or gone and all we are left with is the stooges and sycophants. that is what you saw on the committee today. there is no level below which they will not sink to defend donald trump, which underscores again why we cannot allow that convicted felon in the oval office because there will be no restraint on him by any of his own party in that kind of racketeering administration or in congress.

>> i was thinking today, i listen to every single bit of the testimony and there was not a single truthful republican on that committee. that was something that you just couldn't say about any committee in the house or the senate before the trump europe. you could not say it about either party before the trump era. it just wasn't the way it was. was it your sense that when we are past the trump era, which could be as early as next year, that some possibility of normalcy could return or are these people too far gone? >> no, i'm actually quite optimistic about the future. i think when donald trump leaves the stage for good and i hope and pray it is in november, i think the republican party moves on. that they lost with him over and over and over again and if not for the sake of our country, then for the sake of their own

party they need to move on. there will be others who try to be trump imitators for some time, but i don't think they will have his gift at graft. he is a uniquely talented arsonist. others try. you saw ron desantis try and fall flat on his face. there will be others who try, but i do think the temperature comes way down and i think it is only a matter of time before the republican party once again returns to a kind of conservative party. a party with a home for liz cheney and adam kinzinger. that would've been home for mitt romney and john mccain. i look forward to those days. we need healthy political parties and i think we will get there, but not before we go through the historic passage from now to november. >> congressman adam schiff on his way to being senator shift, thank you for joining us tonight. coming up, republicans are trying to blame montana's democratic senator, jon tester,

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as of tonight our next guest, senator jon tester, knows what he is up against in his reelection campaign. money. a lot of money. polls close that 10:00 p.m.

eastern time in montana tonight and the expected winner of the republican nomination for senate in montana is one of the richest people in montana. jon tester's republican component -- opponent grew up in the neighboring state of minnesota in a multimillion dollar lake house and has enough wealth to live and work part-time in montana. tim sheehy has never run for office before. the senate race is one of several closely watched this year that could give republicans control of the senate next year. yesterday, tim sheehy began running campaign ads, trying to tie senator jon tester to something that happened over 20,000 miles away from montana last week. the 34 felony convictions earned by donald trump in a manhattan courtroom. today, jon tester's campaign

responded with an ad about montana, not manhattan. >> montana veterans know. >> jon tester stands up for us. >> holding the va accountable to get the care and benefits we earned. >> 12 new veterans clinics across montana. >> and expanded mental health. >> passed the pact act so veterans with toxic exposure -- >> finally get the care we need. >> i am jon tester and i approve this message. >> veterans across montana -- >> stand with jon tester. >> joining us now is montana senator jon tester. nbc news is projecting he has won the democratic primary. congratulations on your victory. i am not surprised that you held onto that nomination, but now you know you are up against pretty heavy money on the other side. someone who can finance this,

just reach into his own pocket when he needs money for his campaign. >> look, you know this and maybe your viewers don't. i am a third generation montana and. my folks and the land and we took it over in 1978. i live within 100 miles of where i was born my entire life until i got this job and i will tell you that this campaign is not about anything else other than montana values. folks are trying to change montana. they are trying to buy montana. they are trying to turn it into the playground for the rich. montana is the greatest state in the greatest country that ever existed because an montana handshake mean something. we act accordingly. we get the facts and make decisions off of those. so you are right, there will be a lot of money put into this race, trying to make me something i am not, so they can

run against that person because they know they can't beat the jon tester who is a third- generation farmer from montana. we will push back and tell the truth. we will talk about my record of accomplishment and we will talk about my vision for this country moving forward. whether it is making sure we live up to the promise of our veterans were making sure we do everything we can do to get everyone connected to broadband across this country, including rural and frontier areas of montana. it has been the same for every election i've been in. they try to make me something i'm not so they can run against that person. the bottom line is, i listen to montana. they are my boss. i take their good ideas back to washington, d.c. and they get them put into law. i have been told over and over again that i am one of the most effective senators in the united states senate and one of the most bipartisan senators. i look forward to this campaign. i know there will be a lot of money out there. this race will cost hundreds of millions of dollars, which is

insane, but in the end this is the race against jon tester, a third-generation farmer, and a guy who just moved to montana. i have a lot of equipment i've owned longer than he has been in the state of montana. to have those values and know what montana means and what makes montana tick is going to be important moving forward for the greatest state in the greatest country that ever existed. >> as you've been speaking, nbc news has moved tim sheehy into the projected winner category. 75% of the vote as of right now. senator, in reading about the race i have read that some people say you are coming to the end of your third term. that is 18 years on the senate and i have read from some montana voters who said they voted for you in the past, that they think you have drifted away into the washington world and you are not the guy they

voted for in the past. what do you say to those folks? >> i would say the forefathers have it right. they believe in the citizen legislature and that is why i continued to farm while i have this job. i have two jobs. one is trying to feed the world on a family farm and the other is crafting good policy that helps montana remain in the position it is. that is all i can tell folks. i go home every weekend and i drive a little tractor, combine, depending on what season of the year it is and if the work doesn't get done on the farm that means i did not do it. consequently it is hard to turn into a washingtonian when in fact i'm writing the checks for the diesel we are buying, writing the checks for the equipment we are buying and making decisions on when we plant and when we harvest. >> senator, i don't know a washingtonian who thinks you are a washingtonian, that's for sure. >> like i said, lawrence, they

will try to make me into something i'm not so they can run against that person. they don't want to run against jon tester, the third generation montana farmer who has a great record in the senate. >> senator, what is your agenda for your next term in the senate? what do you want to go back there to do? >> look, we've done a lot of good things for the veterans, as the ad pointed out. we've done work for clinics and making sure that veterans are now getting the benefits and healthcare that they aren't. we still have a lot of things to do in the va to make sure we have enough mental health care professionals. making sure we have enough doctors in rural areas of this country and rural areas of montana to make sure we are helping veterans. the second highest per capita of veterans in the country. we have people who like to serve and are honored by their service. we make sure we've got their back. we move that forward and then we have some things to do in conservation. very important.

i'm not just talking about one thing, wilderness and recreation. i'm talking about all of the above. making sure we put land aside for kids for future generations and making sure people can keep the public lands in public hands. it is one of the things that helps drive the economy in our great state. >> montana senator jon tester, thank you very much for joining us tonight. >> one thing and i would be remiss if i did not say it, please go to jon tester.com and help me out. coming up, it is primary day in new jersey. we will be joined by the democrat who is going to run for senate now as the democratic nominee for senate. andy kim, the big winner in new jersey tonight, will join us next. (vo) when life's doors open, we'll handle the house. if you're living with moderate

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they want that hollywood white smile. new sensodyne clinical white provides 2 shades whiter teeth and 24/7 sensitivity protection. i think it's a great product. it's going to help a lot of patients. criminal defendant robert menendez is a united states senator today thanks to a hung jury. he was defendant menendez in 2017 when he went on trial in federal court for bribery. but when he got a hung jury, the leaders of the new jersey democratic party and democrats in the united states senate immediately embraced bob menendez as if nothing happened and endorsed his reelection to the senate as if everything was okay. senator menendez released a public letter from the ethics committee for the conduct that

got him indicted. it surely read like he should have been expelled from the senate, but still professional democrats cheered him on. yesterday during his second criminal trial in court, defendant menendez had his nominating petition delivered to new jersey election officials so he can be on the ballot in november as an independent running for reelection to the senate in new jersey. robert menendez needed to find at least 800 people among new jersey's 9 million people to sign his petitions to be on the ballot as an independent. his filing showed 2465 signatures, so donald trump might not be the only convicted felon on the ballot in new jersey in november. congressman andy kim was the first new jersey democrat to call for menendez to resign when menendez was indicted. this time after the fbi found

$480,000 in cash along with gold bars in his home last year. soon a majority of democratic senators asked menendez to resign. tonight is election night in new jersey, where andy kim won the democratic nomination for united states senate. >> government works great for big corporations and special interests, so we need a senator who works for us. andy kim worked for president obama and then went to clean up washington. he wrote a new bill to stop politicians from treating stocks and using their power to get rich. washington works for them. andy kim works for us. >> joining us now in the winner's circle, democratic congressman andy kim of new jersey. he won the democratic nomination for senate in new

jersey. congressman kim, thank you very much for joining us tonight. what is the number one issue for you going forward to the campaign in november? >> first of all, thank you for having me. we are very excited on this primary night. the top thing on people's minds is about their own challenges. whether that is the high cost of living and difficulties of housing, healthcare, all that is out there, but the thing we are trying to hit home is why is it that we don't have a government, a congress that is able to deliver and fix that? that is where we see so many broken problems out there. we live in a time of the greatest amount of distrust in government in modern american history, so people are connecting the dots that the government is not functioning in the way that it needs to to address their problems, so that is what we are talking about. >> we also have a republican nominee tonight to one the republican nomination in new jersey.

he was not the trump endorsed candidate. the trump endorsed candidate came in second. what does that tell us about the dynamics of this race going forward? >> look, he is someone who has stepped up and endorsed trump. i am sure he voted for trump tonight. it is like ted cruz. someone who accepts all of this abuse from donald trump, but then still votes for him. it is something that really shows a lack of character. i think this is a situation where i am stepping up and running against an indicted senator as well as someone whose first action in politics is to endorse a convicted felon and i think that is the dynamics of the race in new jersey that i'm facing for november. >> are you concerned that menendez on the ballot could take votes away from the democratic nominee, from you in this election? >> this being my fourth race as

a democrat that when a district twice. one of only seven democrats in the country. i outperformed joe biden by eight points that year, so i don't take anything for granted. this is a difficult political climate. it is unpredictable and unstable. i'm going to do everything i can to mobilize and i hope people are supportive of my efforts to keep the senate majority. i ask that they help us out. >> what is at stake for people in new jersey and keeping a democratic senate majority, not letting republicans control the senate? >> honestly it is something that people here think about a lot because this is what is standing between us and preventing republicans from pushing a national abortion ban. pushing their extremism. i am in the house of representatives. i'm dealing with the most extreme and radical speaker of the house in american history,

so i know exactly what it would look like in the senate. i served the first two years of my time in congress with mitch mcconnell leading the senate. so we know what that plan is looking like and that is why we need to make sure we are stepping up against it. i voted to impeach donald trump twice. we don't want him back in the white house. we need to make sure we are controlling the senate and making sure we have the ability to vote on and control who is going to the supreme court at a time when people are worried about what comes next, when it comes to reproductive rights, lgbtq rights, immigration, amongst so many other issues. people in new jersey recognize what's at stake and i think that is why they mobilized so much today for this primary. >> congressman andy kim of new jersey, thank you very much for joining us on this night when you have won the nomination. >> thanks for having me today. >> tonight's last word is next.

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senate majority leader chuck schumer does not believe the supreme court can police itself. >> justice roberts has been, in my opinion, not lived up to his responsibilities as chief justice. on issue after issue he is supposed to be guardian of the courts fairness and a pureness -- senator durbin and i are discussing the best ways to move forward. >> senator schumer gets tonight's last word. the 11th hour with stephanie ruhle starts now. tonight,