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new target in the fight to save abortion-rights. why they say in 1870s law could lead to a national ban on abortion if trump wins. exactly a week until the first biden and trump today. how they are prepping for their face-off. the reporting on a judge in this case. new questions about whether she should step aside. >> good evening once again. we are now 138 days away from an election in which abortion is set to play a defining role. now democrats on capitol hill have a new focus when it comes to safeguarding abortion access, which they believe will be at risk if donald trump returns to the white house. there ramping up efforts to repeal the act that is the law that has been on the books for over 150 years related to

materials being sent by mail that are connected to abortion. often referred to as a zombie lot because it remains on the books even though it has not been enforced in decades. the democratic senator who is cosponsoring it to repeal it warned today that comstock could be used to crackdown on abortion access or ban it altogether.>> we have seen a full on attack on the capacity to control their own bodies and lives. a part of the agenda for this party is to use this old zombie law from 150 years ago to make medication abortion illegal without ever having an act of congress to make it so.>> this move comes just days before another major political milestone. next week will be the second anniversary of the reversal of

roe versus wade. vice president harris will travel to arizona and maryland on monday as a part of the biden campaign's effort to highlight reproductive rights. so far donald trump has resisted calls for a national ban but earlier this month praised the work of a group that supports a total ban for its devotion to saving innocent life. remember, donald trump has repeatedly taken credit for the supreme court decision that overturned it. with that, let's get smarter with the help of our leadoff panel tonight. >> i turn to you first. what you make of this push to

repeal comstock? >> i think it is smart even if it is just a messaging bill because it signals yet another fault line between them when it comes to protecting access to reproductive health care. i think the one thing that we have to remember is that comstock gained a lot of traction this spring or last spring during oral arguments related to the case where the justice really brought it up as a reasonable avenue for blocking access to this prescription medication. i think that raised the flag for democrats to revisit this and it comes on the heels of the arizona state supreme court allowing in 1864 law to go into effect, which was with a to to an abortion ban that even though the governor passed a bill to repeal it still for a few days took affect. all of this is coming back to a reality of what tools could be deployed by trump and

congressional republicans in a reality where they potentially have control of the white house and congress. i think this again is an opportunity for them to really lay out for the voters to understand what that threat is in the context of a reality where it has been overturned but that decision. it is smart and political and understanding that abortion- rights are highly potent mobilizing issue across partisan lines and demographics, so this is something that house democrats can take to their districts and hit republicans over the head with repeatedly just as we are seeing at the federal level in the presidential race with president biden and harris reelection campaign hitting donald trump over the head with this. >> not all democrats believe repealing the comstock act should be an election your priority. some say it is a distraction. you have been doing reporting on this be what have you learned?>> my colleague is the best reporter in the country on this issue. if you want to know more about it read what she has to say.

there is debate among them about how exactly to play this hand that they have. the margins about whether or not something should be before or not, but there is a real messaging problem. we talk a lot about the biden campaign and their struggles to get their message across to the voters they want to talk to, but the biggest plan you could think of is this issue with the conservative movement that spent decades trying to get to this point where that is overturned, and they. to have no plan to sell that to the voters. the voters. you have seen every election where abortion has been on the ballot. the democrats will figure out their own way around this. they love to talk about this issue because it is a winner for them everywhere it gets on the ballot. republicans have the hardest challenge with this whole thing.

>> i think this is the issue of the election. women have had enough. we have not seen an assault on women's rights like this in over 100 years, so when women have had enough and are galvanized they can say that our democracy. freedom is on the ballot here. it is bigger than just abortion. we have seen now that it has cascaded down into other issues in the areas from ivf to contraception. we are waiting with baited breath for this decision coming up with the idaho case. decriminalized emergency care for women in idaho. they have to airlift women out if they need abortion care. this is insane. i think as they realize what is at stake for them is mobilizing. we just saw a poll today that said 60% of women regardless of ethnicity or political affiliation are anxious. frustrated with what is going on with the assault on women's

rights. that is why we founded this project to target moderate women in swing states to understand fully what is at stake to just because it is happening in idaho or texas or missouri does not mean it's not going to happen to all of us if the extremist agenda gets into power. arizona was ground zero for this. at 1860 law that the supreme court tried to implement. these laws that they are using in order to resurrect these kind of things for their agenda. you cannot have a lack of imagination for what they are trying to do here. as we lay out what is at stake for women and these moderates in swing states who need permission structure to vote for joe biden. we take these issues and show them that your freedom and future for you and your daughters is at stake here and it's very real. we can see the headlines every single day.

>> the division over whether or not to repeal comstock boils down to this question. can america really afford to take a wait and see approach with a second trump term? >> democrats do not think they can and are not running like they can. i think some of this debate is political. from what i understand the reality is that democrats have a winning issue when it comes to the abortion issue in america. the reality is this is not going away for the conservatives or the republican party. this is a problem of their own making and they're trying to figure out ways out of it. democrats can just keep saying you believed it for a very long time and it has worked for them so far. i think they think it will keep working for them.

>> any topic. the latest fox poll shows that president biden is leading donald trump for the first time since last october by a couple of points. that is well within the margin of error. we still have 20 weeks to go, but what do you make of these numbers? >> i saw these numbers and had to pause because within those numbers issued a nine point increase with independent voters. i am thinking about what contributed to that. of course his convictions likely contributed to that. i also saw a very interesting point related to the economy. 58% of voters said that their personal financial situation had improved or was holding steady right now. that is something that democrats are absolutely likely to latch on to considering how much republicans are attempting to hit them over the head with the economy.

i think about that in the context of the debate and how president biden would try to present this in yet another contrast with former president donald trump. he ran the economy into the ground where as he can say i have broken records related to job creation month after month and they are starting to feel it. when he tries to read but what about inflation he can talk about corporate greed and a personal situation they are saying they are feeling whether that is there improved personal situation or that they are holding steady rain in spite of all of the external factors. >> this also shows biden leading trump by nine points among independent voters. that is an 11 point jump from may when they favor trump by two points. this is a key group. how does the president keep this momentum going? >> they have to continue to hammer the message home over and over again. what the contrast is. he represents chaos. president biden represents confidence and compassion, and he is doing the

job as president of the united states. while donald trump is doing that he is doing what presidents do. overseas representing america with honor. getting things done. handling the situations in europe. with ukraine. situations here at home. the economy do we have the best economy in the world. we are number one in oil production. inflation is coming down. gas prices are coming down. record-setting stock market. they have to make sure they explain to people that donald trump is the cast candidate and president biden is the candidate getting things done. as people start to feel this more they will start to see this because a lot of people aren't paying attention now. have to pay attention to the trends.

this is the lagging indicator that has hurt president biden's economic message. it's perception. as that changes it will increase for president biden. >> the data could be there all day long. he has not made a noticeable effort to court those nikki haley voters. last week he supposedly slammed the city of milwaukee where the republican national convention is going to be hosted. in a critical swing state. these do not seem to be the actions of a person who really wants to win the election but what am i missing? >> it is unexpected. it's smart to bring this idea

up because there is this notion. democrats are divided and that biden has had a challenge getting his coalition back together. that has been challenges. >> remember when bernie sanders and hillary clinton were running? >> when you get to this point now. she is talking about moderate women. you talk about these nikki haley voters. this whole thing. trump has a lot of work to do that we do not talk about very much because of what these polar numbers have been. people might start taking a look at this. >> biden has some very clear hurdles. there is an average of 30 different polls out there, and it shows that president biden's

lead among women has slipped about eight percentage points since 2020. meanwhile donald trump has regained his double-digit lead and support for men. what do you make of this? >> i look at this number and think about how they underestimated president biden's performance in 2020 with different demographics from women to voters of color and african american latino voters and more. one thing that i did notice is there seems to be this binary approach to looking at how women rated the issues. they took out the economy and inflation separate from reproductive rights and abortion access. one thing that i think of is the reality that these issues are interconnected. when it comes to making decisions about pregnancy or parenting you better believe that financial realities are a part of those considerations

for pregnant people. i think that is something that is missing from the polls that is clearly communicated when i am talking to them because they fully understand that these are all tied together. especially with the reality that a majority of the women who seek abortion care are already mothers. i think that is something that is missing in these polls, but they have been underestimating him since last election cycle. >> before i let this team go i want to talk about donald trump's vice president search. we keep hearing about it. there is one name we have not heard of, but who could definitely be in that lineup. kevin mccarthy. could kevin mccarthy be in play?>> come on. >> is a political beast. a fund-raising machine. could he be waiting in the wings? >> no. i like this exercise at 11:00 at night for all of us who do

this for a living, but there is no way. because he does not respect kevin mccarthy, and he brings nothing to the table for donald trump. >> do you think he respects them? who does donald trump -- >> no. >> he does not respect any of them. >> he doesn't, but he enjoys watching them calm themselves and trip over each other to try to be the more sycophantic person to win his attention. he gets off on the idea of this hunger games approach to becoming his vice president. he is not picking any one of those people. if his campaign is smart they would pick a woman. he does have a problem with women voters in this country. none of those people that he has listed bring anything to the table that would help him gain more voters. it is a game of edition. you have to add people.

the fact that he is even on this list. he does not help donald trump in any way. i just think that we have to be honest about who he should pick that would help him in the areas where he is the weakest. not one of those people including kevin mccarthy. he does not have a chance of being the vice presidential pick for donald trump. >> if he picks a woman he could lose a family patch. thank you for joining us tonight. when we return. for the first time ever we are seeing two residence on a debate stage , and it is about to all go down in one week. how biden and trump are prepping for the showdown. two judges urged not to take up trump's classified documents case, but clearly she did not

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meet for the first time in four years, and we have new details on what the first debate will look like. president biden will be standing at the podium on the right. the same place east of the last time he debated trump you he will go second for closing statements. meaning he will have the last word. debate hosey and unconfirmed independent candidate robert f kennedy junior will not be there. he did not meet the ballot or the public requirements to be on stage. amanda carpenter joins us. a writer and editor for protect democracy and former senior staffer to republican senators. podium location in order of closing statements. how much do these things matter? >> they do matter in the margins, but what i am struggling with is how this does not end up being a 90 minute commercial for trams to go election lies. i'm not just talking about the 2020 that it was stolen from him. belied that he has unfolded

today. and that the department of justice is somehow being weaponized against him. i struggle to understand how you can provide someone like donald trump a new platform responsibly. we had a lot of debates about media and what to do with the party. i think this is just a dangerous proposition and there is not really anything that anybody can do about it because we have these debates and want to participate in these things. this is going to happen and this is the beginning of what is going to be a record of political events. the debate. monumental supreme court decisions that are coming probably next week in the immediate aftermath of that. trumps sentencing. the opening of the republican convention. the unfolding of a vice presidential candidate who ever

donald trump x. this is going to be a whipsaw of evens, and the debate next week will set the stage. donald trump has a huge platform to set it off. >> a huge platform and right next to him joe biden has a huge platform to call him out for it. when donald trump is on the stage at rallies and there is no pushback. he is only doing interviews with right-wing outlets, but next week he will have an equal amount of time and exact same opportunity as president biden. the moderators have the opportunity to push back on him or follow-up. obviously joe biden does. could this be a huge advantage for president biden that he can call out former president donald trump. >> they asked for this. may really want to have this moment where the president and the former president are on the state together. that is exactly why we are doing this so early.

>> do you think trump is definitely showing up? the roles that they have set up your trump is not going to get to do any of his favorite things. >> right. let's be real. he can opt out at any point before going live. if he does i hope they broadcast with an empty podium. the key factor that hasn't been mentioned is the moderators have this mute button that they will be deploying. that is another opportunity and a part of the roles that will allow for direct rebuttals and fact checking as well as limiting donald trump from just spewing his lies unchecked. i have this visual in my mind of his arms a flailing and turning red in the face and

speaking, but no one can hear him. i think that image is absolutely something the biden campaign wants. this juxtaposition of chaos. unhinged random stream of consciousness approach that he is likely going to bring to this debate. is communication of the issues. the clear contrast. i think the other factor here though is how much donald trump has got to complain about this process. even if he does show up does he make it to the end or just walk off the stage? anything is possible in this scenario. that makes for great television.'s been a we have read that his team is apparently worried that trump will actually stay disciplined for the full 90 minutes. maybe there is a risk they have overplayed their hand the same way we are going to get unfiltered trump. let's say he is disciplined for 90 minutes, which he has never

been in 78 years. one that also be an opportunity for biden or the american people to see? he has no details behind any general broad policy suggestions he has. >> lowering the expectations for your person and raising them for the other person. now the idea is discipline trump. that is what we are worried about. if they are actually worried they cannot push back against disciplined trump there is a really big problem for the biden campaign. the idea is they think his ideas are bad. if he is slowly and, laying them out they are supposed to knock them down. we have seen the biden campaign say over and over you have to wait for this debate. once they are they will remember it is between joe biden and donald trump, and they will go for biden again.

that is what they have said over and over, so this is there a moment. this is their big stage. they need to be able to beat him no matter how. >> the new york times is reporting that a gop mega donor gave $50 million to a trump pack the day after his conviction. one of the largest contributions to any candidate ever. how significant is this kind of money for trump and to get this kind of money the day after a big conviction? >> he had a huge fundraising call online as well. that is a ton of money from a single person. it speaks to the fact it will be there for him during this campaign regardless of his legal bills.

i thought it was the response he got from the business roundtable be when he made his return back to capitol hill. that was an exercise hitting the republican party around him and the business leaders to say they all have this idea we are unified by an economic agenda. i think that is garbage because donald trump is not campaigning on an economic agenda. he is campaigning against the rule of law and on his grievances, but there was a massive show of unity behind tax cuts. that is enough to get people on board. >> hold on a minute. i'm going to push back. i covered this give the business roundtable made no statement after. there could be a general sense they support tax cuts. he had reported from people inside the room who had been leaning towards trump and said he was meandering or difficult to follow. they left feeling really disappointed. it was not just donald trump's opportunity to go back to the

business community. the business roundtable every four years invites both candidates. this was not his grand return. he got absolutely no endorsement for the business roundtable. he came from the white house be the only reason he wasn't there is because he was at the g7. >> i understand all of that. i think he is so out of the norm i do not know why these leaders felt the need to meet him face-to-face. what is the deal with that? in the aftermath of january 6th and lot of leaders of this community said that is a line. slowly as they started to come back around, and the reason is because he is the republican nominee. they feel they need to at least go there and save the face and give him a chance and preserve their standing at foothold, which i understand from an economic perspective, but this

is why the money will be there for him. it will be there for him and if he wins again they will be back on board. >> the are not saying they're going to give him any money. they are showing up because there is an almost 50% chance he could be the next resident of the united states. they have to not necessarily endorse them, but they have to interface with him.>> know they don't. that is their choice. i understand why they are doing it because they have to make this financial bed so to speak, but it is kind of like the wager for the business community. they have to preserve both sides. they are just preserving their interest. i get it, but he is so far out of the norm. i think there has to be a lot more understanding and study how authoritarianism represented by donald trump is bad for the economy. businesses except for the ones that are really good do not do great in an authoritarian regime. i want to see more work

developed. >> amen to that. if you do not have a functioning democracy your economy will be nowhere but the toilet. thank you so much. when we return. new reporting on the judge and trump's classified documents trial. why even her colleagues on the bench urged her to step down from the case. it was not a good idea, but she seems to think it is. when "the 11th hour" continues. and reduced fatigue with rinvoq. check! when flares kept trying to slow me down i got lasting steroid-free remission with rinvoq. check! and when my doctor saw damage, rinvoq helped visibly reduce damage of the intestinal lining. check! for both uc and crohn's: rapid symptom relief lasting steroid-free remission. and visibly reduced damage. check. check. and check!

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tomorrow begins three days of critical hearings in the classified documents case against donald trump including one about whether special counsel jack smith the should even have been appointed. the new york times reports today the judge who is handling the case rejected multiple suggestions to step aside last year. more experienced colleagues urged her to pass it up and handed off to another, so let's discuss. he spent 25 years as a federal prosecutor. what is your reaction to the new york times report? have you ever heard of anything like this? >> this is extraordinarily unusual reporting. federal judges are not in the habit of kissing and telling you that is really what we have here.

either people close to the judges or the judges themselves airing some of the dirty laundry . what is suggests is there is a lot of the new sanctions within the court that there are judges who are very uncomfortable with the way that she is handling herself in this case. >> there is a lot of speculation about the handling of this case and whether she goes out of her way to help trump, but let's be honest. we criticize her all day long yesterday, and tomorrow she is not in any danger of getting kicked off this thing. >> not unless jack smith can take an appeal to the 11th circuit. when she first drew the case it was a random draw, but i wrote a piece saying that she should be user self. there is case law in the circuit. i was an appellate chief in alabama as a part of the 11th circuit. handling a series of cases in 2006 for the 11th circuit recused the judges not because

they had an actual conflict of interest but because of a series of rulings that showed they might be unable to set aside some of their past rulings and handle the case moving forward, and she really rings that bell. the bad rulings that she made while she was considering the very unusual civil proceeding trump filed in order to defend the government from using the fruits of the surge of mar-a- lago for the criminal investigation. i still continue to believe if it had the opportunity to consider this case they would very likely set her aside and ordered the chief judge to appoint a new judge, but through delay tactics she has kept any rulings from being made that would permit jack smith to appeal her to the 11th circuit. >> let me ask you more about special prosecutor smith because tomorrow there is this hearing about whether the appointment was even legitimate. what is this challenge against him based on?

>> this is a challenge that says the mechanism for appointing special councils isn't constitutional. that the attorney general can't do the appointment. that it would have to be a presidential appointment followed by senate confirmation. this issue has been decided by other courts. the notion of devoting a full day to a hearing on this issue i think just underscores how legitimate the concerns about the judges handling of this case is.>> you are smarter every time you are here. thank you so much. the stock market is hot, but trumps media stock not so much but we will get into it when "the 11th hour" continues. con i do my own searching. it isn't efficient. use kayak. i can't trust anything else to do the job right. aaaaaaaahhhh!

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more positive news on wall street. the s&p 500 set another record today. the index of course that tracks 500 of the biggest american companies broke 5500 for the first time. it was still a very big day unless you were donald trump's media company. that stock was down again 15% today, and it is off more than 40% since the beginning of june essentially dropping since he was convicted. joining me to discuss. my favorite business minds. trump media stock is tanking.

>> it's like a slinky at the top of the stairs bouncing down. it picked up a lot of momentum after that conviction. it turns out that is not something to get behind. donald trump needs and wants this company to do well, so this is a great disappointment to him. he cannot sell the stock until september. what is happened most recently today is they gave the go-ahead for people who are early investors to exercise risk assets. >> you are right. that young man is back here. >> they are able to convert those into stocks. when there is more it is worth less. this is a company that doesn't look great on paper certainly.

its revenues are in the six figures. i think it made about $700,000. the losses are in the nine figures. around $300 million. it is not going anywhere but down the staircase. >> donald trump's steak is still worth in the billions. >> it is, but he has to hold onto it for a while. let's talk about what you first mentioned. it is amazing how big the rally has been. largely driven by a i. the other thing that is driving it gets back to the of political economy we were talking about. corporate profits. the last time i was on with you. because inflation. you said something like the cure to high prices is higher prices. corporate's have raised prices even more. even more.

having high prices. >> fast food restaurants, target , out of the blue, they can lower prices so you can't say all of these input costs are so high we had to raise prices. >> two things, a.i. driving prices, corporate prices still high. let's watch to see if corporate has the ability to raise prices, start to see the consumer react. >> let's talk about the new polling that shows americans feel better about the economy than they have during this biden presidency so are we starting to see the shift, the three of us talking a year and a half that we have such strong economic data, we have had great economic recovery but because inflation is so oppressive, people have not

felt it. are we starting to break through that? >> i think so, there's a speech, the president's chief economy adviser, laid out what you're talking about, companies, via marge, participating in the escalation of prices. >> because they can. >> it is a mix of people feeling comfortable with the progress economies making, optimism that the interest rates will come down soon. seeing data and feeling better about the data with the economy, i think the administration is doing a better job communicating all they have done in the service of getting inflation. >> who is inflation hitting the hardest? the young, the working classes, these are voters biden needs and they will be the last ones to feel the benefits of the economy. >> rent is too high, buying your first home is impossible. >> eggs and milk, basic necessities. we have our own polling every month, we have seen movement that biden's popularity with

economies moving up, the white houses where you get is not moving up in the right places, the voters may need to get back to the coalition to win the swing states. >> i will not let either of you leave until we talk a bit about elon musk. i'm sure both of you remember, i think you were in the audience months ago. elon musk told twitter advertisers that were threatening to pull their ads from the lot form, they could go eff themselves, this week is the biggest advertising conference in the world, the greatest advertising boondoggle known to man is playing cleanup, i was just trying to make a point about free speech. elon musk does not retreat, he does not say, sorry, it is how he is similar to donald trump. how big of a deal is that or ea window is it into twitter, that you can say for elon musk to go there with his hat in his hand. are they in trouble?

>> kind of, the first question he was asked by the senate, why did you say that and what did he mean by that? song and dance, not critical of all advertisers, some with the reputation should be. my takeaways people flock to see him, that is the trump parallel . the advertisers were greatly insulted at that conference in the fall, they showed up in droves to see what he had to say. he needs them desperately. >> he is not the ceo of twitter, that is lydia carino. one of the great media salespeople, advertising people in the business. ng she needs those advertisers, i'm sure she whispered in his ear, you know what, you have made my life incredibly difficult, please help me out. >> it is a lot easier to sell the olympics than it is conspiracy theories. i'm just saying. gentlemen, thank you so much. you cut yourself, you will be invited back. risk assets, not sharing your company, my friend.

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for the city we all love. ad paid for by re-elect mayor london breed 2024. financial disclosures are available at sfethics.org. the last thing before we go tonight, remembering legendary actor, donald sutherland. the man whose career spanned six decades and so many genres, died today at the age of 88. joe fryer has a look back at his life and incredible career. >> reporter: donald sutherland could not be confined by a single genre from drama -- >> can you see anything -- >> reporter: to joking. to thrillers. >> duplicating her. >> i don't play nice, bad, or good.

i can find something in everybody to play. >> reporter: kiss break was 1967 with the dirty dozen. he was hawkeye pierce in the movie, máaásáh. >> i have seen you before, i don't know your name, stranger. >> reporter: opposite jane fonda in kloot. >> reporter: citizen next. before introducing himself to a new audience on the big screen in the hunger games. the 2016 western forsaken, he played father/son with his real- life son, kiefer sutherland. >> someone i wanted to work with my whole career. >> reporter: he called his dad one of the most important actors in the history of film, never daunted by a role, good,

bad, or ugly. ron howard directed sutherland in back draft, one of the most interesting, intelligent, engrossing film actors of all time. body of work that led to honorary academy award in 2017. >> thank you for putting my name on this. >> reporter: ceiling his sweeping legacy. joe fryer with nbc news. >> hollywood legend who will be missed. on that note, i wish you a good night. from all of our colleagues across the networks of nbc news, thanks for staying up late. i will see you again tomorrow. today was the summer solstice, the longest day of the year. in this country, it also means we have officially entered an election year summer. quadrennial period residential candidates kick their campaigns into full gear. the start of the election year