family fleeing persecution because of their religion. they don't enter in the right place, we will tend you back. that is really a dangerous proposition. >> immigrants are the backbone of our economy and i wonder if there has been enough defense of the role they play in propping unour country. >> and 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 are all gang members? national security? they are not and you know it when you think about the immigrants you know. i think the polarization has led us away from basic solutions. like pathways for workers: more asylum officers to screen the system. force people's hands. >> let's not forget our shared humanity and shared fates. thank you so much, lee. it is really helpful to get your perspective. really complicated issue.

that's our show for tonight. now it is time for the last word with lawrence o'donnell. good evening lawrence. we are joined by a former clerk for supreme court justice samuel alito who says justice alito should recuse himself from the trump cases. that clerk will join us to make her case. >> i'm eager to hear that clerk's argument for something i agree with. >> i think it will sound familiar. >> i will be watching. >> thanks alex. >> have a good show. 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 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 in his new york hush money case according to two people with knowledge of the matter. mr. trump had a concealed carry permit if took and had three pistols registered. 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 legally transferred to florida. it is unclear whether it is still in 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 illegal for him to even 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. he is used to having no one tell 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 nypd's gun license division. the manhattan district attorney filed a response to donald trump's requests to lift the gag order imposed on donald trump by judge juan merchan which prevents donald trump from commenting on witnesses and jurors in the manhattan case he was found guilty. his lawyers told the judge now that the trial is concluded the concerns articulated by the government and the court do not justify continued restrictions on the first amendment rights of president trump.

prosecutor told the judge in writing that the judge has quote an obligation to prevent actual harm to the integrity of the proceedings to protect the orderly administration and to avoid risks to the administration of justice. 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. today in florida, donald trump's favorite judge aileen mercedes cannon, a judge pointed by him, scheduled three days of hearings in the criminal case where donald trump is accused of violations of the espionage act and illegal possession of classified documents. 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, the judge will also consider the prosecution's motion to change donald trump's conditions of release to impose a gag order on donald trump to prevent him from making false statements to thanks alex present foreseeable danger to those in this case. the government's request is necessary because of several intentionally false inflammatory statements recently made by trump that distort the circumstances under which the federal bureau of investigation. donald 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

florida residence, at a time in the middle of the summer 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 they were complicit in a plot to assassinate him. in another issue to be considered in those hearings later this month, the defense claim that prosecutors improperly pierced donald trump's attorney client relationship by compelling the testimony of one of his criminal defense lawyers to the grand jury that indicted donald trump in the classified documents case. leading off our discussion is

the fellow with just security. and andrew weissman. former chief of the criminal division. he is an msnbc legal analyst and coauthor of the best selling book 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 a gag order to protect witnesses or protect the integrity of a trial that is over. the t 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 merchan to find in these pleadings? >> i think he will require additional briefing and the state has said that they will propose some modification as

you allude to lawrence with respect to potentially witnesses. just so you know. this is one where you cannot possibly think if you tell witnesses and jurors don't worry, we will protect you so long as the proceeding goes on, but as soon as you render a verdict you're on your own and your names can be released and you can be attacked? that is no way to run a railroad. that is just nutty to think there will not be continued protection so you are worried about the next witnesses and jurors. i think this will be continued in some form, particularly with respect to the jurors. >> adam, jurors must continue to be protected. how much protection does michael cohen get at this point? he is a public figure. how much protection does stormy daniels get.

but there are other witnesses, paralegals, technical witnesses who appeared in this case, appeared for the prosecution who it seems to be should still get some protection from donald trump. >> and i think you are absolutely right about that lawrence. it was very clear that judge merchan looked at people like michael cohen and stormy daniels a little differently. they were making statements. carefully weighing that as the trial was going on. but you're right. this trial casts a much broader net. but i want to take a step back from all the legalities and look at how extraordinary it is that donald trump, facing sentencing 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 the request at this time when he is facing a very real threat of imprisonment. >> that is such a great point. you are trying desperately not to antagonize your judge in any way who has the discretion involving your sentence. to florida and judge cannon's announcement about the series of hearings. the way to begin with her is which one is the most unusual? >> i think the most unusual and the most serious and the one that calls into question her objectivity and fitness for being on the bench, 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 is

talking falsely about law enforcement because the state is saying it poses a real threat to law enforcement. the fact the judge is not hearing that for weeks and weeks with no restrictions is so cavalier with respect to the safety of the potential witnesses. even if you are going to rule against the government eventually, you would want to hear that quickly and say this is just like asking for a bill of particulars. something that is not of any import. the idea 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 sense of responsibility. 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 have never seen at the trial court level. 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 briefs accepted by the supreme court. this is saying you can stand up in my courtroom and argue this. >> absolutely. and i have been covering the courts 50 years. this isn't something that i have seen. and when trying to quantify just how unusual is this, i found this helpful legal brief by one of the parties who wanted to respond. so i was looking at this brief

and they quantified through a citing of website just how rare it is at the supreme court level where it is rare. and, between 1980 and 2015, the supreme court permitted an amicus to participate. now, most of the time, 877 were on behalf of the united states. it doesn't come from random third parties. of those remaining 126amicus arguments, 117 are in behalf of local and federal agencies.

they involved a random third party. 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 all the way to the supreme court. not in a small courtroom that has two rows of seat. >> what about this one, two of us have never seen this at the district court level? oh, we have a found problem with andrew's. i don't think we have andrew. >> sorry, is this better? >> we have you now. >> maybe the exception that proves the rule. there is no question that as adam points out, this is very

rare. but the main issue is even if you allow these partisan groups on either side to argue, this is such a frivolous argument. and i find, we obviously litigated this in the special council mueller investigation. we had judges who were republicans and democrats 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 while they challenge the appointment of jack smith, there has been no challenge to the special counsels for joseph biden or rob herr and i would note that judge cannon by putting this off until the 21st and the 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 is

certainly after the joseph biden special counsel investigation is over. she has not sort of making sure that her ruling would apply equally. it is really a frivolous argument. >> thank you both very much for starting off our discussions tonight. and coming up, a former clerk for supreme court justice samuel alito now says that he should recuse himself from the trump cases. he joins us next. trump cases. he joins us next. ional bloatin. ♪♪ [stomach noises] gas... or abdominal discomfort... help stop the frustration and start taking align every day. align probiotic was specifically designed by gastroenterologists to help relieve your occasional digestive upsets. so you can enjoy life.

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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, supreme court justice samuel alito where my wife's reasons 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 line. 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, susan sullivan writes flying the flag upside down at your home is more than a hint of political impropriety. it is a tangible demonstration of support for those who continue to assert that the election was stolen. it is the chosen insignia of those who tried to hijack the election by attacking the capitol 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 in his home in the past unequivocally telegraphs reasonable questions about his impartiality in cases involving trump. these questions separate and apart from the crisis in confidence that such conduct may raise. the gravity of the implications of justice alito's refusal to recuse himself cannot be understated. at stake is not only the independence of the court itself, but also its credibility and its role as a protecter of our constitutional democracy. joining us now is susan sullivan. an assistant professor of political science at temple

university. she served as a law clerk for judge samuel alito when he was on the third circuit court of appeals before he was elevate today the supreme court. thank you very much for joining us. was it difficult for you to come to the point of writing this and saying this publicly? >> well, yes it was. i think the first thing i have to do is overcome my shock at this because it was so unexpected. i was aghast when i saw the photographs because you know, i have never known justice alito to be anything other than an honorable man. to be a man of integrity. when i saw the flags, this flag, it goes back to whether or not it was relevant. the fact is the 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 attack the capitol so this is not insignificant. irrespective of why it was there, it shouldn't have been there. the problem is that flag is incendiary and it cannot do anything other than raise a reason inference of bias. i don't know if justice alito is biased or not. but i don't think any reasonable person could not think that telegraphs at least the appearance of bias. and that is so important. this is a time when trust and faith in the u.s. supreme court

is waning. justice has to be seen to be done. so when you have a situation like this. justice isn't being seen to be done. so this decision is misguided. it is bonkers. not a legal term but it is. >> 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 of impropriety. >> it is the appearance.

precisely because we want to maintain faith. we want to make sure we step back from the appearance of bias. the federal statute says if it raises questionable, if it raises reasonable questions about bias, that's what that is for. clearly, if there is bias, you need to remove yourself. because of the integrity of the court, the way people are looking at the court now, to see the court acting. the appearance of impropriety, just the mere suggestion of them has to result in somebody stepping back from the decisions. especially decision before the court right now. they support trump

unconditionally. they support trump unconditionally. if you have cases before the court that directly relate not just to the former president, but to criminal cases that involve that election process. the case in georgia alleging interference with the georgia count. the case in dc. jack smith's case. directly to do with the january 6th offense. the stakes have never been higher and it defies logic that one would not recuse themselves from a case like this. >> 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? >> i have known mrs. alito for 30 years. i don't know her that well. i will say a couple of things.

my experience has never been anything other than generous, kind, and gracious. and, i really do feel quite strongly here that she is not a public figure, she is a private individual. and i have had a lot of requests to speak to the media about this. and i think the media should back off. many people would disagree with that. that is my personal stance. the oppression that i have gotten from mrs. alito from day one as a law clerk back in prior century. i can't really comment. >> the protection justice alito could offer his wife is recusal. that would remove all of the

tension that surrounds this story. susan sullivan, thank you very much. i understand how difficult it was for you to get to this point of writing about it and speaking about it. thank you very much for joining us. >> you are very welcome. thank you. today, senate republicans made it clear that contraception, yes, contraception is on the ballot in elections especially senate elections in the presidential election in november. wisconsin senator tammy baldwin who is running for reelection will join us next. lection will join us next. (bell ringing) someone needs to customize and save hundreds with liberty mutual! (inaudible sounds) (elevator doors opening) wait, there's an elevator? only pay for what you need.

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a bare majority of senators, 51 to be exact, voted for a bill 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 childbearing 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 didn't vote because he is a defendant in a corruption trial in new york city. two republican senators voted for the right to contraception act. senator susan collins and senator lisa murkowski. this senate is the anti- democratic constitution 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 made it 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 markey's bill is simple but it has become necessary since the maga supreme court and donald trump overturned roe and jeopardized repractive 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 shaneful consequences of overturning the 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 the 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 candidates are members of the party that want to make sure contraception

continues to always be available for everyone. that is one of the choices on your ballot in november. joins us now is wisconsin's democratic senator tammy baldwin. she is running for reelection this year. senator baldwin, not a single republican, absent republicans, the only two republicans willing to vote for this were the women. this is a very, very dangerous situation here as the control of the senate hangs in the balance in this election. >> right. and this is not a hypothetical threat. when the dobbs decision came out, justice clarence thomas called out several of cases that were decided historically on the same principles as roe v. wade was. and one of them was access to contraception. the other 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 enjoys 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 v. wade would ever be overturned but it was. and my opponent is someone who cheered on the dobbs decision. who cheered on the overturning of roe v. wade. he could be the one vote that republicans need to pass a

national ban. and to put into jeopardy access to contraception. and we can't allow that to happen. if your viewers would like to help me fight back, 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 in the united states senate just did. >> on this vote, the yays 51, nays, 39. three fifths not having voted in the affirmative. the motion is not agreed to. >> donald trump's' friends just blocked the right to access to contraception. 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 are not going the 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 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 v. wade has had so many consequences. and the court made it clear there are not stopping at overturning our right to control our own bodies with regard to accessing abortion care. they are making it clear that they are going to go further. justice thomas as i said before has invited litigators to revisit this issue. and of course, not only do the elections have the consequences of potentially 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

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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 -- 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 is a president who believes they are accountable to the people. >> and who's allowed to travel overseas. >> and also a president who the people ecan count on. right? in all seriousness. >> oh, sure. >> to cap the cost of insulin at $35 a month, negotiate drug prices down for the american people. >> president biden arrived in france today to commemorate the 80th anniversary of the d-day invasion tomorrow. 80 years ago tonight, america went to sleep having no idea the world would change the next day. with general dwight d. eisenhower in command of the most complex and challenging invasion in the history of

warfare. the german military occupiers of france could not believe their eyes when dawn 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 in war. no one has captured the fear and the danger and the heroism of the d-day invasion better than steven e-spielberg did in saving private ryan. when the news broke to the world the next day that american soldiers were fighting and dying on those beaches in what was

their first day of what became the months long battle to liberate france and defeat adolph 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 ukraine's president, volodymyr zelenskyy, in germany. the putin invasion of ukraine is the 21st century version of hitler's invasion of france. in an interview with time magazine, president biden said that peace in ukraine, quote, looks like making sure russia never, never, never, never occupies ukraine. and it doesn't mean nato, it means we have a relationship

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 author. simon, thank you very much for joining us tonight. i'm thinking about how the next few days without them being campaign days for joe biden will demonstrate and display joe biden's sense of duty against a candidate who everyone knows has no sense of duty other than duty to himself. >> i think the contrast is going to be welcome and extraordinary. you're going to see a successful american president standing up for our interests, working with our allies abroad, and fighting for us here at home making things far better for the american people during his time

in office. and the other guy, who has been in court and was found guilty on 34 counts and who spent the days after playing golf and who's not a serious person who can be -- who can represent the america that we know, he's already proven that he doesn't represent us, he betrays us, and so i do think that coming out of the trial this contrast between the successful joe biden who has made america far better and represents us so elegantly around the world and this other guy is going to be about as stark a contrast as you possibly could imagine. >> let's listen to donald trump tonight on fox with his friend sean hannity taking credit for overturning roe versus wade. let's listen to that. >> yeah. >> great justices, three great justices plus others that joined them, as you know, and we don't have to go into all the names,

but they're great. and they were -- 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 that's put tens of millions of women at risk. i mean, it's a barbaric decision, it wasn't just unpopular, it was one of the most retrograde and reactionary decisions made by the court in modern history. and so i think, look, trump is spending a lot of time on fox, isn't he? the last few days, right, he's working really hard campaigning the way he campaigns and goes with all of his friendlies over at fox. and to me it's a sign that they're worried. i mean, i think we finally got some polling tonight that "the new york times" did that is showing -- that is starting to show that the verdict really may starting to eroad some of trump's -- the integrity of his brand. the times did a poll where they called back other people they

had called a few months ago, and they found that biden had gained two points with that electorate. and gchltd elliot morris said these findings are significant. we're starting to see meaningful erosion for trump. i don't think it's going to happen super fast, and people shouldn't expect it, but i think the way to think about what's happening now with his brand is that people e-i think now are going to be more willing and open to hearing things about him, negative things about him, and accept them as being true than they were before. this is like a belly punch in a prize fight, right, where it doesn't knock the other guy down, but it weakens them over time. and i think we're beginning to see now some of the evidence that that is actually happening with voters. and it's why i think trump is hustling so hard. he knows that this is going poorly for him, and he's working it. and i don't think it's been effective. >> simon rosenberg, audience favorite. thank you very much for doing this tonight, as always. >> lawrence, it's always great to be with you.

>> thank, simon. we'll be right back. you >> thank, simon. we'll be right back. -cologuard®? -cologuard. cologuard!

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simon rosenberg gets tonight's last word. the 11th hour with stephanie ruhle starts now. >> tonight president biden in france for the d-day anniversary. his plan to tout american leadership on the world stage and highlight the stark contrast with donald trump. then my keynote conversation with charlemagne the god, skipping the small talk and getting real.