going to this level of we're not even going to screen you for asylum if you come the wrong way. nobody is saying don't make it more efficient. we need to make it more efficient but this is too much to say a family, you know fleeing persecution because of their religion, if they don't enter in the right place, they don't know where to enter, we'll just send you right back. that's really a dangerous proposition. >> i mean just, i will say, immigrants are the backbone of our economy. and i do, i do wonder if there's been enough defense of the role. the integral role they play in propping up our country. >> yeah, what i would say to people, is think about the immigrant you know, and do they fit the narrative that the trump administration or president trump is putting out there, that they're all gang members. they're not. and you know it when you just think about the immigrants you know. i think the polarization has led us away from basic solutions like path ways for workers, more asylum officers, to stream the system. and force people's hands into

this kind of extreme measure. >> let's not forget our shared humanity and our share faiths. right. that's part of the american contract. it's great to get your perspective on this very difficult issue. s that the show for tonight. now we go to alex warren. >> we're going to be joined by a former clerk of samuel alito who says justice alito should recuse himself from the trump cases. that former clerk is going to join us to make his case. >> i am looking forward to hear that clerk's story on something i agree with. the breaking defendant trump news of the night is that donald trump has to give up his guns. donald trump who has had bodyguards for many many years before he had secret service

protection, never had any rational reason to carry or even possess a firearm but like many people, who hope that a handgun might make them feel, i don't know, more like a man. donald trump owns three handguns. and he obtained a license to carry a concealed handgun. a license that the new york police department now wants to revoke. under the headline nypd moves to revoke trump's license to carry a gun. the new york times is reporting quote, the police department is seeking to revoke former president donald j. trump's license to carry a concealed weapon after his conviction. mr. trump had a conceal carry permit in new york and had three pistols registered under the permit, the people said. two of them were turned over to

the police department's license division around the time mr. trump was charged in april 2023 with 34 counts of falsifying business records according to the people with knowledge of the matter. the third pistol had already been transferred to florida. it is unclear if it is under mr. trump's possession. under federal law and state law in new york, and florida, people with felony convictions are barred from possessing a firearm. so now that donald trump is a convicted felon, not only will he lose his license to carry a concealed firearm, it is now illegal for him to possess the handguns that he never had any rational reason to possess. even though donald trump doesn't need those guns and

never used them, losing his license will feel like a man losing his possession of something important to him. it will feel like he lost all of that, thanks to the unanimous verdict of 12 new yorkers. and that will be a form of torture for donald trump. donald trump is used to having no one telling him what to do. but he is finding out that a lot of people can tell a convicted felon what to do including judges and probation officers and the nypds gun license division. a manhattan district attorney filed a response today to donald trump's lawyers requests to lift the gag order imposed on donald trump by judge marchand which prevents donald trump from commenting about witnesses and jurors in the manhattan case where he was

found guilty. donald trump's attorneys told judge marchand, now that the court is concluded, does not justified continued restrictions on the first amendment rights of president trump. prosecutor matthew coangelo told the judge in writing that the judge has quote an obligation to prevent actual harm to the integrity of the proceedings of this court and to the administration of justice. these interests have not abated. and the court has an obligation to protect the integrity of these proceedings and the fair administration of justice at least through the sentencing, hearing and the resolution of any post-trial motions. and today in florida, donald trump's favorite judge mercedez cannon. federal judge appointed by donald trump scheduled three days of hearings in the criminal case where donald trump is accused of violations

of the espionage act and illegal possession of documentless. those hearings are scheduled for june 21st, june 24th and june 25th. one of the defense arguments that judge cannon will consider in those hearings is that jack smith's appointment as a special counsel is unconstitutional and therefor the case should be dismissed. the judge will also consider the prosecution's motion to change donald trump's conditions of release to ineffect imposing gag order on donald trump that prevents him from making false statements that quote pose a significant imminent and foreseeable danger to law enforcement agents proceeding in the prosecution of this case. the governor's request is necessary because of several false inflammatory statements recently made by trump that distort the circumstances under which the federal bureau of

investigation planned and executed the search warrant at mar-a-lago. president trump has been lying and raising money on the lie that the fbi was quote authorized to shoot me. when the fbi executed a search warrant at donald trump's residence in florida. when they knew donald trump is never there and specifically was not there. the prosecutors told the judge that donald trump has been spreading quote a grossly misleading impression about the intentions and conduct of federal law enforcement agents falsely suggesting that they were complicit in a plot to assassinate him and expose those agents some of whom will be witnesses at trial to the risk of threats, violence, and harassment. in another issue to be considered in those hearings later this month, is the defense claim that prosecutors improperly pierced donald trump's attorney client

relationship by compelling the testimony of one of donald trump's criminal defense jurors that indicted donald trump in the classified documents case. and andrew wiseman former fbi general council and former chief of the criminal division, the eastern district of new york. he is an msnbc legal analyst and coauthor of the trump indictments. i would like to begin tonight quickly because we need to get to florida quickly. with the gag order issue in manhattan, the trial is over. the trump lawyers say, no need for gag order to protect witnesses or protect the integrity of a trial that is over. the district attorney says, not so fast, there is still an integrity of the proceedings that need to be protected and certainly, the jury continues to need to be protected. what do you expect judge

marchand to find in these pleadings? >> well i think he's going to acquire sort of additional briefing and the state has said that they will propose some modification as you elude to lawrence with respect to potentially witnesses. but just so you know, this is one where, you cannot possibly think, as you tell witnesses and jurors, don't worry we're going to protect you so long as the proceeding goes on. but as soon as you render a verdict your name will be out there and you may be attacked. that is nutty that you don't think there's going to be continued election. because you're worried about the next witnesses and the next jurors. so i think this definitely will be continued in some form particularly with respect to the jurors. >> adam, jurors certainly must continue to be protected.

and it seems the real question is, how much protection does michael cohen get at this point? he's a public figure. how much protection does stormy daniels gets. there are other witnesses paralegals, technical witnesses who appeared in this case, appeared for the prosecution. who it seems to me should still get some protection from donald trump. >> and i think you're absolute little right about that lawrence. it was very clear, that judge marchand looked at people like michael cohen, stormy daniels a little bit differently. they're in the arena. they were making statements, he was carefully weighing that as the trial was going on. but you're right, this is, this trial casts a much broader net. i want to take a look back at all the legalities and look at how extraordinary it is. trump facing sentences with a real threat of imprisonment next month. his first order of business is give me latitude to attack

people. rescind the gag order so that i don't know specifically from his request whether he wants to go after the daughter of the man who can send him to prison. just the extraordinary nature of this request at this time when he is facing a very real threat of imprisonment. >> that's such a great point, because this is the point where you're trying desperately not to antagonize your judge in any way who has the discretion involving your sentence. andrew, to florida and judge cannon's announcement today about the series of hearings. i guess the way to begin with her is, which one is the most unusual? >> i think the most unusual and most serious and the one that calls into question her objectivity and fitness for being on the bench is that she

is being, she has an application by the government. whatever the merits of it are, the application is that, you need to restrict what donald trump can say when he's talking falsely about law enforcement because the state is saying, it poses a real threat to law enforcement. the fact that the judge is not hearing that for weeks and weeks with no restrictions, is so cavalier with respect to the safety of those potential witnesses. i mean, even if you're going to rule against the government eventually. you would want to hear that quickly and not be like, oh, this is just like asking for a bill of particulars. or some something that's not of any import. the idea that you would say this is the first order of business and i want to hear from the parties is really

shocking in terms of what it means. in terms of her sentence of a responsibility to the public to hear this in a timely way. that would to me be the number one thing that i would take her to task with. >> and adam, one of the other things that i've never seen at the trial court level. at the district court level is she is inviting other so called experts to come in and argue these points about the constitutionality. of jack smith's appointment. you see amicus briefs accepted by the supreme court. i have never seen, this is beyond amicus briefs. this is saying you can stand up in my courtroom and argue this. >> absolutely. and the, i've been covering the courts for 15 years and including federal courts, local district courts. this isn't something that i have seen. and when trying to quantify just how unusual is this, you

know. i found this really helpful legal brief by one of the amicus parties i wanted to respond to trump's emogi. they actually sited. and between 1980 and 2015, the supreme court permitted an amicus to participate in 1,003 of 4,043 oral arguments. most of the time, 103 of those arguments, 877 were on behalf of the united states from the office of the solicitor general. it doesn't come from random third parties. of those remaining 126 amicus arguments, 117 are on behalf of

federal agencies, state agencies, local government entities, people like that. so we do all this math here. only nine out of 4,045. .2% of oral arguments before a supreme court involved a random third party. of the kind we're going to hear at this hearing later this month. and those, and to your point lawrence, those are the cases that have the weight grandeur and gravity to make it to the supreme court. not to a court in the coastal florida, in a small courtroom that has to rows of seats. >> andrew, what about this one? two of us have never seen this at a district court level. >> we have a sound problem with andrews. i don't think we have andrews. >> sorry, is this better. >> yes, we have you now.

>> sorry, about that. i actually have been allowed to argue at a district court level. so i think the exception that proves the rule. but there's no question that as adam points out this is very rare. but i think the main issue here is even if you're going to allow these partisan groups on either side to argue, this is such a frivolous argument. and i find it, we obviously litigated this in the special council muller investigation. we have judges who are republicans and democrats appointed including one appointed by donald trump who all ruled that it was totally proper for the department of justice to have special counsels. i would note that while they're challenging the appointment of jack smith as a special counsel. there's been no challenge to the special counsel's for joseph biden, or rob hur and i would note that judge cannon by putting this off until the 21st

and 24th is basically making any of those potential challenges moot. because it will be after the hunter biden case is gone. has been finished and it's certainly after the joseph biden special council investigation is over. even in the way she's handled this. she is not sort of making sure that her ruling would apply equally to other special councils in terms of the timing. but it's also just a really frivolous argument. >> thank you both very much for starting off our discussions tonight. come coming up a former clerk for supreme court justice samuel alito now says that he should recuse himself from the trump cases. that former clerk will join us next. i love that my daughter still needs me. but sometimes i can't help due to burning

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at first, he said she did it out of anger. and then he said, it doesn't matter why she did it. in a letter to congress, samuel alito said my wife's reason for flying the flag are not relevant for present purposes. and so a supreme court justice is refusing to say why his wife angrily, according to him, flew the american flag upside down in what justice alito has suggested was an angry run in

with neighbors who posted an anti trump sign on their front lawn. justice alito has tried to pretend that there was no political context to the dispute. but if the dispute is about your neighbor's anti trump sign, that is a political dispute and you are on trump's side. the washington post is reporting tonight, several inconsistencies in what justice alito has said about the incident including inconsistencies about when it actually happened. how long the flag was up, and inconsistencies about why the american flag was flying upside down at his home. in an op-ed piece in the inquirer, susan ellis writes, flying the flag upside down at your home is more than a hint of political impropriety. it is the chosen insignia of

those who try to hijack the election by attacking the capital on january 6th and got the very constitutional democracy that established the supreme court. susan sullivan the author of that op-ed piece is a former law clerk for samuel alito. she writes, justice alito may or may not be biased in favor of the former president, but the flag flying upside down inequivocally telegraphs reasonable questions about his impartiality in cases involving trump. these questions separate and apart from the crisis and confidence that such conduct may raise for the court mandate justice alito's recusal from these cases. the gravity of the implication

of justin alito's refusal to recuse himself from the decision cannot understand. joining me now, a former law clerk for judge samuel alito when he was in the third circuit court of appeals before he was elevated to the supreme court. thank you very much for joining us tonight. was it difficult for you to come to the point of writing this and saying this publicly? >> well, yes it was. i think first thing i had to do was overcome my shock at this. because it was so unexpected. i was agasp when i saw those photographs.

because i have never known justice alito to be nothing but a man of integrity. when i saw this flag, it is irrelevant whether mrs. alito flew it or not. the fact is that flag was there. that flag is an irrefutable symbol, not just for people who still challenge the legitimacy of the election but who actually violently attacked the capitol. so this is not an insignificant symbol. irrespective of why it's there. it shouldn't have been placed there. that flag is incendiary. and it cannot do anything other than raise a reasonable inference of bias. as i said in my piece, i don't know if justice alito is biased or not. but there, i don't think any reasonable person could not

think that, that telegraph's at least the appearance of biased. and that is so important. this is a time when u.s. supreme court, i mean, trust and faith in the u.s. supreme court is waning. justice has to be done. that's what we always say. so when you have a situation like this. justice isn't being seemed to be done. so i think this decision to recuse himself is misguided. i think it's bonkers. it's not a legal term but i think it is. and i think it's dangerous because of the cases in the court at the moment. >> the standard for recusal is the appearance of impropriety. just the appearance of it to a reasonable person. and justice alito says that, no reasonable person would conclude this and he says that this does not, as he put it, meet the applicable standard for recusal.

but the applicable standard is the appearance of impropriety. >> well i think generally yes. it's generally accepted in the legal sphere. it is the appearance of impropriety. specifically because we want to remain faith and if there's any impropriety we want to step away from that. i think if it raises questionable, if it raises reasonable question about bias, i didn't think it particularly says the appearance of impropriety. but that's what that's for. clearly, if there's bias, you need to remove yourself. but because of the integrity of the court, because of the way in which people are looking at the court now and their lack of faith. and they're discussed with the way they see the court acting. the appearance of impropriety. just the mere suggestion of impropriety has to, has to

result in somebody stepping back from the decisions. especially decisions that are before the court right now. these people as we said, the symbol of these people that attacked the capitol, they support trump unconditionally. they support trump unconditionally. so if you have cases that are in the court that are directly the president. the case in georgia alleging interference with the georgia count. the case in dc, jack smith's case that has allegations that are directly to do with the january 6th event. so the stakes have never been higher and recusal to me, it just defies logic. that one would not recuse themselves from a case like this. the stakes are high. >> did you gain while you were serving as a clerk to judge

alito. did you gain any insights about mrs. alito who justice alito is now blaming for the flag. >> well, i've known mrs. alito for 30 years. i didn't know her that well. i've known her since the days i was clerking. i will say a couple of things, i know mrs. alito in my personal experience has never been anything other than generous, kind and gracious. and i really do feel quite strongly here, she's not a public figure. she's a private individual. and you know, i've had a lot of requests to speak to the media about this. and i think the media should just back off. i don't think mrs. alito is fair game here. many people disagree with that but that is my personal stance. so the impression that i got from mrs. alito from day one as a law clerk back in the prior century literally has always

been very positive. so i can't really comment. i think especially on more recent events. >> well the protection that justice alito could offer his wife is recusal. that would remove all the tension that surrounds this story. susan sullivan, thank you very much for joining us tonight. i understand how difficult it was for you to get to this point of writing about it and speaking about it here. thank you very much for joining us. >> you're very welcome. thank you. >> thank you. >> today senate republicans made it clear that contraception, yes, contraception is on the ballot in elections. especially senate elections and the president election in november. wisconsin senator tammy baldwin who is running for reelection will join us next. i have active psoriatic arthritis.

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a bare majority of senators 51 to be exact voted for a bill today called the right to contraception act. the bill would guarantee what we all think we already have which is the right for everyone in america to have access to and use contraception. it's the kind of thing you would expect to get a unanimous vote in the senate where every person there who has ever been in a child baring marriage at least, has used contraception,

repeatedly. and we know that for a fact because none of them have a dozen kids. nine republicans didn't even bother to vote on the bill including lindsey graham who has never been married so maybe contraception has never been important to him. senator robert menendez is the only democrat who didn't vote because he's involved in a trial case. the anti democratic institution where a majority vote does not rule, most of the time. 51 votes is not enough to protect contraception in the senate today because the bill needed to clear a 60 vote threshold in order to pass the senate. >> today, of course, senate republicans had the chance to vote to protect a key personal

liberty, access to contraception. senator marquise bill is simple, but it's becoming necessary ever since the maga supreme court and donald trump overturned roe and jeopardized reproductive rights for millions and millions of americans. today thanks to these brutal and downright medieval attacks, tens of millions of americans have to worry about something as basic as birth control. make no mistake, americans uncertainty about using birth control is one of the many shameful consequences of overturning roe v. wade. and so the stakes in the election, if republicans win control of the united states senate they will have enough votes to ban contraception in this country because they will not surrender to procedural niceties like these 60 vote rule in the senate. so the stakes in every senate election in the united states this year include

contraception. contraception will be on the ballot in november in the form of senate candidates. republican senate candidates are members of the party that wants to ban contraception and democratic senate candidates are members of the public who want to make sure contraception continues to always be available for everyone. that is one of the choices on your ballot in november. joining us now is wisconsin's democratic senator tammy baldwin she is running for reelection to the united states senate this year. senator baldwin, not a single republican, absent republican. you added the only two republicans willing to vote for this is the women. this is a very, very dangerous situation here as the control of the senate hangs in the balance in this election. >> absolutely. right and this is not a

hypothetical threat. when the decision came out, justice clarence thomas called out several other cases that were decided historically on the same principles as roe versus wade was. and one of them is access to contraception. another was the marriage equality case. and these words i found chilling from justice thomas. and in fact, we made it clear, we need to fight back. i fought for and passed a bill to protect same-sex marriages and marriage equality. with bipartisan support. but today, we fought to protect the right to access contraception. an issue by the way that enjoying the support of over 90% of americans or close to 90%. but the republicans blocked this bill from moving forward. and we see this happening across the country. and again, lawrence, we didn't

think that roe versus wade would ever be overturned but it was. my opponent is someone who cheered on the dobbs decision. who cheered on the overturning of roe versus wade. he could be the one vote that republicans need to pass a national ban and who could put into access contraception. we cannot allow that to happen. so if your viewers would like to help me fight back and fight to protect our rights and freedoms, please go to tammybaldwin.com. let's listen to what the vice president said about this today. a former member of the senate, kamala harris. >> you have got to see what donald trump's friends and the united states senate just did. >> on this vote the yae's are 51, the nae's are 59. not having voted in the affirmative, the motion is not agreed to. >> donald trump's friends just blocked the right to have

access to contraception. and just recently, donald trump said he was quote looking at policies to block access to contraception. which means safe and effective forms of birth control could be at risk. if given an opportunity, donald trump would sign a national abortion ban. a second trump term would really mean more harm, more pain, and less freedoms. but we're not going let that happen. >> senator baldwin, i'm struck by this just as a senate strategist. it would be so easy for the republicans in the senate to just take this issue off the table as an election issue. just by voting for this bill. but they mean it so much, that they are willing to take all of this heat against the wishes of more than 90% of voters by standing there in opposition to contraception on the floor of the united states senate. >> absolutely. we saw it happen today. we also had a hearing earlier

this week in the senate health committee where the republican witnesses made it clear that they do not support access to all contraception at all. and it is, again, a very real threat. the dobbs decision overturning roe versus wade has had so many consequences. and the court made it clear, they are not stopping at overturning our right to control our own bodies with regard to accessing abortion care. they're making it clear that they're going to go further. justice thomas as i said before has invited litigators to revisit this issue. and having people like my opponent who would support a national ban elected to office. but they would also rubber stamp any judge and we saw

extreme judges dominated by former president donald trump. they would be rubber stamps for those justices and judges. >> wisconsin senator tammy baldwin, thank you very much for joining us tonight. >> thank you for having me. >> and coming up, audience favorite simon rosenburg with d. day approaching, the contrast between joe biden's sense of duty to his country and donald trump's sense of duty to himself and only himself will be on display for voters. that's next when simon rosenburg joins us. liberty mutual customi car insue and i saved hundreds.

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the jury made their decision and you know, i think that the reality is, cheaters don't like getting caught. and being held accountable. but you know the reality is let's just fast forward to again november. i think the american people want to know that there's a president who believes they are accountable to the people. >> and who's allowed to travel overseas. >> and also, a president who the people can count on. right. in all seriousness. >> oh, sure. >> to do things like cap the cost of insulin at 35 miles per hour a 35 -- $35 a month. >> president biden arrived in

invasion in the history of warfare. the german military occupiers of france could not believe their eyes when don broke the next day and the english channel was filled with military ships and boats of all sizes, as far as the eye could see, headed straight for the french beaches of normandy, where the german army had massive guns in bunkers to crush any attempted invasion by the united states and its allies. there is no greater bravery than being the first ones off the landing craft in a beach invasion and war. no one has captured the fear and the danger and heroism of

the d-day invasion better than steven spielberg did in saving g private ryan. when the news broke to the world the next day that d american soldiers were fightingt and dying on those beaches, in what was their first day of what became the months long battle to liberate france and defeat adolf hitler, president franklin delano roosevelt said that the americans landing on that beach, including the thousands who died there, were on a mission, quote, to set free a suffering humanity. no one named trump was on that beach. donald trump's father avoided military service in world war ii. president biden is expected to meet with ukrainian president zelenskyy in normandy. the putin invasion of ukraine is the 21st century version of

hitler's invasion of france. president biden said that peace and ukraine looks like making sure russia never, never occupies ukraine and it doesn't mean nato. it means we have a relationshipr with them like we do with other countries where we supply weapons so they can defend themselves in the future. no word yet on how donald trump plans to commemorate the d-day anniversary tomorrow. joining our discussion now is simon rosenberg, democratic strategist and the author of hopium chronicles on substack. i am thinking about the next few days without them being campaign days for joe biden, to demonstrate and display joe biden sense of duty against a candidate who everyone knows has no sense of duty other than duty to himself.

>> i think the contrast will be welcome and extraordinary. you will see a successful american president standing up for our interests, working with our allies abroad and fighting for us at home, making things better for the american people during his time in office. and the other guy who has been in court and found guilty on 34 counts and spent the days after playing golf and is not a serious person who can represent the america that we en know. he has proven that he does not represent us. he betrays us. i think that by coming out of the trial this contrast between the successful joe biden who has made america far better and represents us so eloquently around the world and this other guy is going to be about as stark a contrast as you can st imagine. >> let's listen to donald trump tonight on fox with his friend sean hannity taking credit for

overturning roe versus wade. let's take a listen to that. >> three great justices, plus others that joined them, as you know. i don't have to go through all the names, but they are great and they had the courage to end roe v. wade. >> simon, the courage to end roe v. wade, which is one of the most unpopular decisions the supreme court has made, i believe, in my lifetime. >> and it put tens of millions of women at risk. it is a barbaric decision. it was not just unpopular, it was one of the most retrograde and reactionary decisions made by the court in modern history. look, trump is spending a lot of time on fox, isn't he? he is working really hard, campaigning the way he campaigns over a fox and to me it is a sign that they are worried. i think that we finally got

some polling tonight that the new york times did that is showing, that is starting to show that the verdict may be starting to erode the integrity of his brand. the times did a poll where they called back other people they called a few months ago and o they found biden had gained two points with the electorate theyw had spoken two months ago. and 538 said these findings are significant.s we are starting to see meaningful erosion. i don't think it will happen superfast and people shouldn't expect it, but i think the way to think about what is happening now with his brand is people i think are going to be more willing and open to hearing negative things about him and accept them as being true than they were before. this is like a belly punch in a prizefight. it doesn't knock the other guy down, but it weakens them over time and i think we are beginning to see some of the evidence that that has happened with voters and it is why i

think trump is hustling so hard. he knows this is going poorly and he is working it and i don't think it has been effective. >> simon rosenberg, audience favorite, thank you very much ri for joining us tonight as always. >> it is always great to be with you. >> thanks, simon. we will be right back. right b. detect this: living with hiv, robert learned he can stay undetectable with fewer medicines. that's why he switched to dovato. dovato is a complete hiv treatment for some adults. no other complete hiv pill uses fewer medicines to help keep you undetectable than dovato. detect this: marnina learned that most hiv pills contain 3 or 4 medicines. dovato is as effective with just 2. if you have hepatitis b, don't stop dovato without talking to your doctor. don't take dovato if you're allergic to its ingredients or taking dofetilide. this can cause serious or life-threatening side effects.

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simon rosenberg gets tonight's last word. "the 11th hour with stephanie ruhle" starts now. ni