thank you so much for joining us tonight. remember you can watch the night cap again on saturdays at 11:00 p.m. eastern right here on msnbc. if you liked tonight, you will love it tomorrow. for tonight we're signing off. i wish you a very good night. from all of our colleagues across the networks of nbc news, thanks for staying up late with me. i'll see you at the end of monday. on october 1st, 2017 a uniquely american tragedy

unfolded on a scale never before seen. >> in a matter of seconds a country music festival turned tragic. a storm of gunfire raining down on a crowd. >> he was shooting everybody and there was dead people everywhere. and i don't even know what was happening. it was just shooting randomly. >> reporter: in the end a massive loss of life and hundreds injured in the worse mass shooting in modern american history. >> the 2017 las vegas shooting was the worse mass shooting in modern american history. over the course of 10 minutes 58 people were killed, several hundred were wounded and two victims later died from their injuries. there have been more than 3,500 mass shootings since then according to the gun violence archive. but the las vegas shooting still remains the deadliest. and there is a reason for that. the shooter used a bump stock. america is the most gun friendly democracy in the world yet even here it is illegal to

own a fully automatic machine gun. but a bump stock, essentially transforms the average semi automatic rival into a fully automatic machine gun. s that is how the shooter in las vegas was able to maim so many people in such a short time. even the president at the time, donald trump, the nra's favorite leader felt pressured to do something. he issued an executive order essentially banning bump stocks. now it wasn't comprehensive gun control nor was it banning assault rifles it was just a way to make sure a prohibition on machine guns could stay in place despite this new technology. even president trump could not ignore the pressure to do something in the face of such absolute carnage. in the end though, it didn't matter. today nearly seven years later

the conservative majority on the u.s. supreme court struck down president trump's ban on bump stocks. in a 6-3 decision that split the justices along ideological line, the supreme court has decided to put automatic machine guns in the hands of anyone who wants one. it is exactly the kind of ruling we have come to expect from a court that has been radicalized to push a conservative agenda against the public interest and against public support. in 2022, the court made it significantly easier for anyone in this country to carry a concealed weapon. that decision came in the same term that the court conservatives gave the right wing the thing they had been fighting for for 50 years, overturning roe v. wade and ending the right to abortion. the court ended race based

affirmative action at universities. it's fairly evident at this point the roberts court is working to enact a conservative agenda. whether that's catering to the nra or shrinking the policy, or by enabling a conservative majority who seeks to hold on to power using undemocratic means. and there's still more of this work ahead. right now we are waiting yet another abortion ruling from the roberts court. one that could significantly hinder doctors ability to provide critical abortion care to people who need it. we're awaiting another firearms decision from this court. one that will determine whether people accused of domestic abuse can purchase a weapon. we are waiting a set of decisions where the court could decide to curtail the government's ability to regulate the safety of the food we eat and the safety of the water we drink. we are awaiting a decision that

could oversee charges or convictions tossed out for hundreds of insurrectionists who storm the capital on january 6th. and we are very much still awaiting a decision on donald trump's request for absolute presidential immunity. where at best the court would have significantly delayed justice for a president who tried to overturn an election. or looking to assassinate his rivals without consequence. if it feels like this is just a mountain of major decisions, that's because it is. as mark joseph stern writes, the justices are preparing to hand down 14 extraordinarily high profile opinions, triple or quadruple the number of an ordinary term. it should be said that even in cases where the court did not immediately hand a victory to conservatives the justices have signaled that they might do so in the very near future. yesterday the court unanimously

decided not to curtail access to one of the most widely used forms of abortion in the country. but, they ruled so on purely procedural grounds. not on the merits of the case. and that in term allowed justice clarence thomas to offer a path way to try again later. to come back next term with changes in the case that would make the court's conservatives more receptive to their fundamental the áp argument. hint, hint. in the end all this roberts court needs is to enact laws despite whatever american residents have to say about it. joining me, michelle goldburg, an msnbc political analyst. i know it's kind of a lot to deal with on a friday night,

michelle. but i was really struck yesterday by the reaction in and around the ruling. on first glance okay they're not curtailing restriction to the most used abortion medication in the country but as you read deeper into the actual opinion you see, thomas is leaving bred crumbs to come back and -- bread crumbs to come back and dismantle the whole thing. >> these doctors, a dentist saying they should be able to ban for you know this kind of really convoluted and ridiculous reason. so they ruled purely on this ridiculous ground of standing. but matthew kesmirick the radical christian nationalist judge who first voted to ban the drug. he's allowed three red states that are angry about people mailing abortion pills into their state's who are blue

states. he's allowed them to join the case. they might have a better claim to standing and it basically needs this whole thing is going to wind its way back. >> to the supreme court. >> yeah. >> i was struck by some of the terms even in kavanaughs statement. it is quite clear these conservative justices are sympathetic to the argument, am i misreading that. >> no. and i thinking by dismissing the case on standing grounds they basically didn't have to answer the questions that were raised in the case about whether for example the fda was correct to originally approve, whether the regulations extending access allowing it to be provided via tele medicine

are awful. nor did they allow the law to be banned that wouldn't actually have to go through congress but some future republican president or attorney general could enforce. so what they did is they just said, we're not going to resolve any of those issues now before the presidential election and that essentially puts the issue in the hands of the voters who are going to decide whether to elect someone who wants to enforce the concept act or someone who doesn't. >> well, and i mean, there's not settling it before the election also helps republicans who know this is a losing issue for them electorally. i do wonder though, there's not the same amount of smoke and mirrors when it comes to the gun lobby, michelle. and what your reaction to their ruling on bump stocks is. especially in the light of the ruling they're going to make about whether domestic abusers can have access to guns. >> on the merit it's this kind

of ridiculous highly technical argument that about what a machine gun is, and whether the function of the, whether kind of the single function of the trigger is about what your finger does or what the internal mechanics of the gun does. really recondice. and i think sotomayor had it right. if it looks like a duck and it walks like a duck. it's a duck. >> if it looks like a machine gun, it's a machine gun. >> this is a kind of shows their radicalism but it's not a, in this particular case, this isn't a second amendment decision. it's a. >> that's an agency call. >> they also have a big ruling coming up where a lot of people expect them to basically gut

the ability of not just the bureau of alcohol, tobacco and firearms but kind of all federal agencies to pass regulation. >> to do what they do which is to regulate. >> right, so this is. i think that this is, you know an auger of a shocking remaking of the federal government. >> i think michelle is talking about the chevron cases and jarksy i'm not a supreme court reporter but there are two big chases that michelle is referring to here leah. that would basically under mine the federal of federal agencies to do their work. first of all the fact that, clarence thomas is weighing in on the machinery of a bump stock clip. in relation to machine gun, this is not what supreme court justices traditionally dos that the work of the atf. the court doesn't want atf regulating bump stocks so basically took their power away to do so today.

and they have even bigger fish to fry in these forthcoming cases. do you think we're going to see a wholesale revisitation of judicial reference to federal agencies. >> i think we're going to see a massive realignment within the federal government. under the current system, the chevron doctrine as you're explaining allows administrative agencies that fill in gaps that are left by statutes that congress enacts. if the court does away with the chevron doctrine it will be assuming that power for itself. that is the people who just use six pictures and an animated gif in order to justify unleashing bump stocks on the american people. those are the people that are going to be deciding the future of health, safety, medical,

food, drug, environmental regulation that would under sue. there's also a bill about a climate regulation. ohio versus epa. this june is just a catastrophic to happen. >> it's just a staggering number of cases to begin with that they took on of huge national import. and it's, it's not july yet. it's june 14th. they're going to dump these opinions on the american public and the american press. you know, in a way that threatens to overwhelm anyone's ability to make sense of them. >> i think that's correct. and this is in some ways the new normal. the court is taking on a smaller number of cases. but a larger number of these huge high profile, ideologically significant cases that could remake the american government and then loading up those decisions at the end of the term so that people are as you suggest, just overwhelmed. i mean last term, in a single

week we were getting affirmative action decisions on west virginia versus epa. the future of clean power plant. the case about lgbtq equality and whether laws guaranteeing lgbt equality could be enforced in all cases. the term before that it was about the future of gun control in bruin coupled with dobb. those decisions came back to back. the court is loading up these decisions, taking on smaller number of cases but also bigger more significant cases. and i think attempting to skirt the public radar. >> yeah, well it also seems pretty clear setting aside the specific cases, the court has become this central lever by which republicans can or conservatives can consolidate minority rule. this is all about a tyranny of a minority. i will call attention to the writing of buoy in the times again. the comments that justice alito

was caught on tape making. there are irreconcilable conflicts. will the republican stand or will we fall into a future of minority rule? a huge part of that seems to be the court, michelle. >> right, and alito sort of makes no pretense of being a neutral. this is a zero sum contest and he's going to do whatever he can to advance his side. i think as to this point about how many big kind of hugely influential cases they're taking. they're moving at this sort of

breakneck speed to remake american life and remake american government as fast as they can. they're putting their fingers already just by taking this case about donald trump's immunity which i think a lot of people expected to be laughed out of court because it was so o preposterous. i think there's no reason that anybody should believe that this is anything but something kind of partisan. >> thank you both for your time tonight. really appreciate you spending this friday with me. >> thank you. tonight donald trump turned 78 and yet all the attention

remains on president biden's age. there is a very unusual strategy behind that. stay tuned. but first republicans are continuing their pursuit of merritt garland as pay back for their front runner prosecution. the top democrat joins me to discuss that, coming up. what causes a curve down there? is it peyronie's disease? will it get worse? how common is it? who can i talk to? can this be treated? stop typing. start talking to a specialized urologist. because it could be peyronie's disease, or pd.

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unbowed. speaker mike johnson is threatening to continue this feud in court. in a new letter he says i will be certified the contempt reports to the u.s. attorney for the district of columbia. we will also move to enforce the subpoena of attorney general garland in federal court. this is precisely the kind of cynical games manship the attorney general himself warned about in a rare op-ed this week. garland cautions that efforts to bully and intimidate career. the man called the agent traitorrist and said, trump is going to win the reelection or you can steal another election and then the guns will come out. joining me now is connecticut

congressman. let's hear what they said. they're going to take this fight to federal court. what is your reaction to that? >> well first of all, let's remember what this is all about here. they're angry because the attorney general hasn't produced the actual recording of the interview of president biden. now he has produced the transcript. as i think was appropriate and there's a legislative purpose for this. we know the reason why they want the recording is they can mess around with it, clip it or take it out of context in a way to embarrass the president. that's not a legitimate purpose for a subpoena. let's also not forget that navarro of the trump administration is in jail over contempt of congress. steve bannon is on his way to jail for contempt of congress and back when donald trump was president, contempt of congress was like a daily thing like

breakfast or exercise. even the speaker of the house, even the speaker of the house will do whatever, anything, absolutely anything to please you know the dear leader donald trump. you know look, donald trump came to capitol hill this week. look at the photographs of the senators and the members of the house representatives looking at donald trump the way that a 13-year-old looking at taylor swift. just look at that and you can see that the congress has been turned into a tool to do the work of donald trump. this is what they do now. >> the tape of republicans singing happy birthday to trump are certainly embarrassing at least to those of us on the outside. the central grievance the republican congress has with merrick garland is a release of the audio tapes of the president's sit down interview

with robert herr for retention of documents. it's as absurd and fantastical as this grievance are. they have poisoned some americans certainly against the general. paoáepl people are trying to attack agents. there are others like that in this climate. do you worry about more of that as republicans continue on this campaign? >> of course i do, alex. it's profoundly dangerous to basically vilify the federal government. i was in the chamber on january 6th when thousands of americans attacked the seat of their own democracy. they beat up on police officers, they soiled the very center of our democracy. that happened because people like donald trump and his many accolades in the party convinced as you put it, pretty substantial minority the

american population that the election was stolen. despite not a shred of evidence that that was true. it's just the weaponization. who is the one person who was convicted by a federal prosecutor? it's the current president's son. that's not going to stop this very dangerous rhetoric. dangerous also because overtime a, i don't believe in majority but a substantial part of the american public because they've stopped thinking ant the facts are going to lose faith in the fbi. in the department of justice in their government. i don't know what an american looks like when half the population doesn't believe in government. that sounds like anarchy to me. >> i'm looking at the two

appointments that speaker johnson made to your committee the intelligence committee. and scott perry from pennsylvania and ronny jackson from texas two of the most outspoken trump supporters involved in the effort to overthrow the 2020 election. do you worry these guys are going to have access to classified information. they love donald trump. donald trump is running for president. are they going to share classified information with don tphad -- donald trump. it does not seem possible to suggest. >> the speaker himself said he put these two on the intelligence committee without by the way telling chairman turner or consulting chairman turner. who has spent the last year working with me to make this economy as serious as possible. look i'm not going to open up on mr. perry and mr. jackson because i need to work for them.

i will observe for you that a good half of the american conference was appalled. that this speaker did this because of the reasons that you actually just articulated. scott perry is still under investigation with the fbi which is of course part of the one of the organizations that we on this committee oversee. it's a bizarre thing. in the service to make sure this committee stays functional i will hold my fire. >> i think we all appreciate your statesmanship on that. but i would say if you look for an example of a fox forwarding the hen house, scott perry on the intelligence committee seems like a pretty solid one. congressman jim hines, thanks for your time tonight, sir. >> thank you, alex. reports this week made clear that the ethics scandal is even worse than we thought. we already thought it was pretty bad. one of the journalists who first broke the story of the

high court justices joins me onset coming up. but first. why president biden faces questions about his mental fitness as ronald trump's rants get more and more unusual. we'll talk about that coming up next. leaffilter arted. and get the permanent gutter solution that ends clogs for good. they took the time to answer all of our questions. they really put us at ease. end clogged gutters for good. call 833.leaf.filter, or visit leaffilter.com today.

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c1 has anyone ever seen the silence of the lamp.

the late great hannibal lecter. he was a great man, and often had a friend for dinner. that is perhaps because after nearly a decade of this increasingly unhinged commentary, the american public has become some what numb to donald trump's particular verbal madness. >> if you have a windmill any where near your house, congratulations, your house just went down 75% in value. and they say the noise causes cancer. you tell me that one, okay. >> and then i see the disinfectant which knocks it out in a minute. and is there a way we can do something like that by injection inside or almost a

cleaning. >> by the way they never record the crowd on january 6th. nikki haley, nikki haley, nikki haley is in charge of security. we offered her 10,000 people. soldiers. national guards. whatever they want. they turned it down. >> and we did with obama, we won an election that everyone said couldn't be won. >> i would like a memory question. it's like you will go person, woman, man, camera, tv. so they will say can you repeat that. so i said yeah. so i said person, woman, man, camera, tv. or it's actually not that easy but for me it was easy. >> is it really not that easy though? though president biden receives far more press for his verbal miscues and mistakes the reality is donald trump is in a league of his own when it comes to strange fantastical

scenarios. even against that backdrop though, the ad libbed hypothetical mr. trump presented this last weekend in nevada, it really stood out. >> what would happen if the boat sank from its weight and you're in the boat and you have this tremendously powerful battery and the battery is now under water. and there's a shark that's approximately 10 yards over there. by the way a lot of shark sightings lately. do i get electrocuted, if the boat is sinking. do i jump on top of the boat and not get electrocuted. you know what i do if there's a shark and i get electrocuted. i will take electrocution

every single time. i'm not going to get by the shark. as absurd as these moments are. there's weirdly a strategy in play here. trump's apparently conditioning of the large swath to accept his encoherent rambling as normal or as something other than adult and alarming has become one of his biggest campaign advantages. with the spotlight on president biden's age and acuity, trump and all of his propisms have been ignored. today is donald trump's birthday. trump is now 78 years old, only three years younger than

president biden. while marking this milestone, susan glasser offers this assessment of the republican front runner. where everyone stands, the decline in his ability to speak clearly and coherently seems striking. if there was ever a case for age degenerative trump is it. susan glasser joins me after this break.

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donald trump celebrated his 78th birthday tonight. he appeared at a rally in florida. and he treated his guests to a platter of rants. >> here's a story, we have time tonight, right? this is only if you want it. only if you want it. but, by any chance has anybody ever heard of the snake? >> while trump's allies appear

non, the expresident's bizarre rambles and odd obsessions have long characterized her performances. but the weird has got decidedly weirder. joining me now is susan glasser. can we talk about this descendant to ultra weird that has caused you to make this assessment. >> there's a lot of material here. you this evening have played the shark electrocution boat thing. which honestly i wouldn't pretend to have any political strategist in me. but if i were a political strategist suggest running that over and over again if one were so inclined. it's pretty remarkable stuff. trump is a tough character when trying to unpack which part is just who he is, which part has

gotten worse over time. you know, certainly you look at the vocabulary, you look at the challenges. speaking in clear sentences and communicating. that is something that has changed pretty radically over time. i would say even from 2016 to 2020 to 2024, the progress of a trump rally shows you pretty clearly a man on a sharp downward slope. >> you know, it's interesting because his campaign released a statement after people, people's eyebrows were collectively raised over the shark batteries buoyancy scenario. this is what jason miller had to say his advisor. president trump takes on difficult interviews. the fact he's up there

standing, still talking is enough, the trump team thinks to placate anyone or dissway them from thinking he's some what adult. and thus far they seem to be right. the fact of the matter is, there's way more scrutiny on president biden than there is on president trump, former president trump, given the absurd tirades that are now part of his routine. >> parts -- part of the problem is the lies and bs problem that if we already feel trump has overwhelmed us with bizarre digressions for years then unpacking what's new and different become so hard that people just throw up their person. but remember, person, man, woman, camera, tv. trump has always graded himself on a curb. it's okay as long as he can

stand up. that's a pretty remarkable standing up. also i thought trump was running against the elites. i have literally never heard anyone assert the condition of elite stamina, have you. >> no. i don't think i have elite stamina. i don't even think that i have stamina. trump has elite stamina. it already feels like the first presidential debate is set for june 27th. it already feels like the bar that is set for biden to clear is so much more substantial, substantially higher than the one trump has to clear. which is literally, is he alive. is he standing. are the words coming out of his mouth. setting aside what the records are. i wonder if there's any way for biden to overcome what seems like a structural disadvantage on you know in the weeks leading up to what's going to be a pretty important

inflection point in this campaign. >> yeah, alex. i think that's a really important question. the challenge for biden it's not really a head to head contest in which they're both being judged in the same terms. it's more to akin parallel play. not intercepting until the play. biden said i'm running against a six-year-old. but trump is engaging in his own game and appealing to his own followers who don't hold him accountable to the same standards as other public officials in this country. and so, he in quote unquote gets away with many many people would have a hard time doing. which is to keep his maga base faithful to him. biden has a much tougher task. he has a more traditional view

of the presidency. it's a much tougher job the way biden has defined it. i think that's part of the challenge here. when you see them together, remember that first fall 2020 debate between the two of them, that was i think a striking moment for many americans. it probably did help joe biden put away the first campaign and defeat donald trump. trump seemed out of control. it was truly i think the worse debate i've ever seen. between any presidential candidates. and largely the tone was set by trump, who was incoherent and spining around. biden's first line was enough already, man. >> yes. >> i think i'm a little bit worried that we're going to see a repeat of that. it was pretty awful to watch frankly. >> we know that trump isn't intending to do any debate practice heading into one of

the most important moments of his political career. so we have that unrehearsed trump in the raw to look forward to on june 27th. susan glasser with the new yorker. thank you for your time. >> thank you, alex. more on all the gifts justice clarence thomas has received from crowe. the jet trips he disclosed and the ones he did not. we'll talk to the reporter who first broke the story of justice thomas's subsidies. coming up. y of justice thomas's subsidies. coming up. i thought i'd buy stilts. being so tall definitely has its advantages. oh whoa. here you go, kiddo. thanks. hi honey ready to go? yup. there it is, there it is... ahhh...here we go. i guess it also has some disadvantages. yes it does. only pay for what you need. ♪liberty. liberty. liberty, liberty.♪

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one week ago today, supreme court justice thomas filed his disclosure form and added information he says he inadvertently omitted. including was food and lodging he accepted from billionaire benefactor crowe on trips to bally and a men's club in

california. we first learned about this from propublica. and more large gifts. three previously unreported trips using crowe's jet who thomas has yet not seem fit to disclose. it really seems like the height of arrogance on the nation's highest court for tomas to proport to come clean then continue to conceal. so i think we have more fact finding to do. joining me right is justin elliot who has been instrumental for bringing this to light. thank you for joining me. my first question is it hard to track private jet travel. the fact that thomas is coming clean only about some of it. presumably in the hopes or expectations no one would ever find out about the rest of it. >> it's not easy. my colleagues and i spent two or three months writing the

first story that included some private yet trips. but what the senate dug up is about more jet trips we didn't even know about it. thomas had been using the jet to seemingly have a lunch meeting and fly back the same day. to give you the sense of the scale here, this jet goes for something like so thousand dollars per flight hour. so flying from dc to california and back we're talking over $100,000 for a single flight. >> and i think darren back in the same day. this is more information, this is propublica information on the destination. st. louisville to montana. which is glacier. from montana to dallas two days later. thomas was scheduled to be in st. louis. he flew on june 29, 2021 from the east coast to san jose california and returned home

later that day. in another the justice took a round trip flight on march 212,019th from dc to georgia. you could not make any evidence of thomas making public appearance in montana, california or georgia. why is that important? because you can determine what he was doing. >> we don't know what these particular trips are. what we reported that crowe pays for vacations. but san jose airport seemingly for just a few hours for some sort of lunch meeting. we recently talked about a trip where he flew thomas to yale

where a. >> and it also gives rise to the seemingly lie that these are what, personal hospitality exemptions. maybe, and emphasis on maybe one thing if you're flying to crowe's family reunion to bali it's another that you're flying in crowe's yets to have luncheon. >> and there are laws that makes him disclose gifts. thomas has not reported these flights before. every ethics expert has said he should. we're waiting to see what they come up with. >> are you optimistic? you have the senate involved in

this part of the reason, we know about this is because the senate democrats got to the bottom of it because crowe collaborated with them to an extent. is there more teeth to their work? >> they authorized subpoenas and what they said is what was released this week is not everything they found. they have a full investigative report coming later in the summer. you know, i have no reason to believe that what we found through their reporting is the entire picture. i would not at all be surprised if there's more to come. >> we're looking forward to your reporting on the new information as it comes. this is i think one of the biggest scandals i've seen at the court in, in my lifetime. if not the biggest. justin elliot with propublica, thank you for all the work you're doing. >>s that our show for this evening as a reminder you can listen to every episode of alex wagner tonight as a podcast for free. scan the qr code on your screen