want to see me screw something up? it's on tape. all right, look at this. on the left side of the screen there, that's supervising producer kelsey, who is a genius of everything we do. the regular show, and special coverage, and podcasts, and everything, she's fantastic. on the right, the person whose face you cannot see in the dumpy green sweatshirt, that's me. and i'm trying to record, and i'm not doing all that well at it. podcasts are very humbling. they are more difficult than you would think. at least they are for me. fortunately, kelsey and i had help that day from orzo, who is a cat. y from orzo, who i a cat.

their circumstances in lynchburg prison, they got somec good news. a new lawyer who wanted to try to reopen their case. >> it is no wonder orzo, the cat, came over to help. i don't think this was photobombing by a cat. i think this was encouragement n by cat. i think this was get it right, maddow. spit it out, you can do it. spit it out. i'm the times are you going to restart this sentence? thanks to kelsey and the rest of the podcast team. and most definitely, orzo, the producer cat. episode three of ultra was finally spat out by me. na it is available now for free wherever you get your podcasts, eight episodes altogether. this is three. dc it is a banger episode if i don't say so myself. you can take it for me or you

can take it from producer cat orzo, who is a very, very good boy. now it's time for the last word with lawrence o'donnell. good evening, lawrence. >> at evening, rachel. i just experienced your description of that cat story the same way that all of our listeners on serious radio experienced it, which is to say , which is to say with no visual whatsoever, it was is i was driving down the 405 in l.a. on my way home from work in the studio or something. and it is good, i think for us to have that serious radio experienceus every once in a while. >> i started off the show with a visual thing, too. showing you this weird thing with vampire teeth and fake fire and people breaking windows with their heads. so if you stick with me for the hour, there has been a lot of visual description things that you can see that were very important. >> usually found the serious radio version is more than enough for almost everything

that we do here. but i do think there's a bunch k of people in america right now who are driving home with it on and as soon as they get home they're going to get that tv on or somehow find the video of in rachel and the cat. >> my handle on threads is maddow maddow, my last name twice, and i posted that clip of orzo on threads. it is reason enough to join threads of you haven't already, particularly if you're still a refugee from twitter. you can meet orzo there. >> all right, and rachel, i will see you thursday night? we are going to watch tv together. >> yeah. we will listen, too. thanks, lawrence. >> thanks, rachel. i don't appreciate your town . that is what donald trump's favorite judge and later said, elise cannon, who said today to one of the prosecutors on special prosecutor jack smith's teamor, in the case of united states of america versus donald

j trump in which donald trump is criminally charged with violations of the espionage act and onillegal possession of ga classified documents. i don't appreciate your tone. we will hear more about that tone from allen class feld, who was in the courtroom in florida today and we will get andrew wiseman and joyce vance is perspective on that tone as former federal prosecutors themselves. i don't appreciate your tone. it was, in its way, the courtroom equivalent of nevertheless, she persisted. >> it has been a long, uphill struggle to keep alive the vital legislation that protects the most fundamental right to vote. a person who has exhibited so much hostility to the enforcement of those laws.

>> the senator is reminded thatt it is a violation of rule 19 of the standing rules of the senate to impute to another senator or senators any conducta or motive unworthy or becoming of a senator. >> mr. president, i don't think i quite understand. i am reading a letter from ea coretta scott king to the judiciary committee from 1986 that was admitted into the record. i am simply reading what she wrote about what the nomination of jeff sessions to be a federal court judge meant, and what it would mean in history for her. >> senator warren was giving a lengthy speech. she had appeared to violate the rule. she was warned. she was given an explanation. nevertheless, she persisted. >> and so, she continues to

persist. here she is, persisting today in wisconsin. >> if donald trump takes the white house, if republicans get control of congress, they are coming for abortion everywhere. they are coming for contraception everywhere. they are coming for ivf everywhere. so when we go to the polls on november 5th, you are fighting for wisconsin, by fighting for joe biden and kamala harris. >> it has been exactly 2 years to the day since the united states supreme court overturned roe versus wade and unleashed new abortion bans in 21 states. >> i want to thank the six justices, chief justice jenna roberts, clarence thomas, samuel alito, brett kavanaugh,

amy coney barrett, and neil corset. incredible people, for having the courage to allow this long-term hard-fought battle to finally end. >> but the battle has not ended and will not end. republicans want more. >> it is absolutely critical as we look at this particular l election cycle to remember who c it was that put pro-life and conservative judges on the district courts. on the circuit courts. and nominated three conservative justice to the united states supreme court that, after 50 years of fighting , we were able to overturn roe v wade. that president was donald j trump. >> today, the biden-harris campaign released this. >> i was at 11 weeks when i had

a miscarriage. the pain that i was feeling was excruciating. i was turned away from two emergency rooms. that was a direct result of ec donald trump overturning roe v wade. he is now convicted felon trump thinks he should not be held accountable for his own ld criminal actions. but he will let women and doctors be punished. we want to support someone that does have our best interest at heart and that is why i'm so adamant about supporting president biden. >> i am joe biden and i approve of this message. >> adley developed suffered beingel raped by her step father. at the age of 12, she wanted an abortion and had a miscarriage before an abortion was scheduled. she joined the discussion on morning joe this morning. >> women today, if they are walking in the shoes that i was in, which was pregnancy from

rape. they don't have a lock of options and a lot of state. s they at risk of having no options after the election. that is very terrifying. and still, for forever be that little girl and that is really who i do this for and knowing that i was in that position and the only thing that allowed me to hold onto hope were the words you have options. the first things i heard after i looked at a positive pregnancy test at 12 years old. >> now you are speaking out because a trump win would mean what for little girls in the situation you were in? >> it would mean the unimaginable. being that they have no options, not even women and girls but women with nonviable pregnancies. wanted pregnancies that are nonviable that are killing these women. they, there will be no traveling to another state. there will be no options based on where you live.

it will just be one rule for everybody and that will be no abortions and that is a very, very dangerous world for women. not only young girls but all women. >> meeting after our discussion tonight is democratic senator, elizabeth warren of na massachusetts. a member of the senate finance committee. she is a biden-harris campaign national advisory board committee member and she is running for re-election to the united states senate in massachusetts. senator, thank you very much for joining us on this important night. what have we learned in the twon years since we lost roe versus wade? >> we have learned that the impact of overturning roe g versus wade is far bigger than any thing anyone imagined at this moment two years ago. so two years ago, we were talking about what this would mean for women who wouldn't have access to abortion, women

who wanted to terminate a pregnancy. the thing about the stories we have heard since then, as 10- year-old girls have come forward, 12-year-old girls, 15- year-olds, 30-year-olds who 3 have been raped. as we heard more from people who have wanted pregnancies but are miscarrying, who have something that has gone terribly wrong in that pregnancy. the people who need access to ivf in order to have a family. you are hearing the stories of our sisters, our cousins, our friends, the people we went to school with. we are hearing the stories from ourselves about what it means for an extremist group to drive access to abortion, to contraception, to ivf out of the american medical system. we are learning what it means

person by person across this country. and i've got to tell you, i am out here in wisconsin right now. and people are fired up to fight back. >> what would it take to legislate roe versus wade, pass it as federal legislation and get it signed into law? >> oh, i love this question because we are close. so what it will take is first and foremost, we have got to , have joe biden and kamala harris in the white house. if we want to preserve access to abortion, then we have got to have joe and, laura. we also have a majority in the united states house of te representatives. we think we are close, we think we can do this but it means we have got to be in that fight. and the third one is, we have to have a majority in the senate. we have got to johave 50 democrats who are willing to set aside the filibuster and say, your vote matters. we are going to depend on democracy and we are going to make roe versus wade law of the land.

understand this, lawrence. we are so close. come november, if we can get those three parts. i think of it as a trifecta, we can make roe versus wade law of the land. not just in blue states, not just in purple state, but all across this nation. >> i have observed on this program that if there is another trump presidency, it seems to me he would have very difficulty in getting clarence thomas's resignation from the supreme court he could go into a happy, well-funded retirement. donald trump could replace clarence thomas with a 40-year- old judge, possibly judge cannon in florida, to conserve another 40 years on the supreme court. so it is entirely possible that another 40 years of rulings by the supreme court could be at stake in this presidential election. >> absolutely.

and understand, that is roe, that is contraception, that is ivf. but it is so much more. it is about voting rights in this country. it is about the ability to join a union. it is about our climate. it is about money and politics. it is about corporate power. it is about a supreme court that, in the past few years, has just jumped the curbs, a supreme court that has put itself above the constitution, has put itself above democracy itself and is driving an extremist agenda. it is absolutely critical that we re-elect joe biden and we kamala harris. and knows mall part because they will be the ones to appoint the next round of supreme court justices. people who will bring some balance back to the court, who will restore some credibility in that court. ed and who will make sure that we understand we are a nation of

laws, supreme court has a role to play, absolutely. but so does congress and so s does the president of the united states joe biden and ed kamala harris, they are the people whose strength and support in our democracy. and that includes taking this extremist supreme court, making sure that we have got better h people in that court and, in my view, expanding the court as needed if this court is going to continue to try to run roughshod over our democracy. >> as a former harvard law school professor, were, of course, you're talking about the work of the supreme court all the time, in class, as you have seen the work of the supreme court for the last two years and prior in your time in the senate, what has to happen to this court going forward? >> look, what has happened on this court, most recently, is is truly deeply shocking. this is a court that no longer feels

bound by law. it is also a court whose, some of its members, just feel like they don't have any ethical ey constraints, that they can takeo money from interested parties that they don't even have to t disclose what is going on. we need to do a couple of gs in congress. the first thing that we need to do is we need to put ethical d rules in place that bind the supreme court. we have constitutional authority to do that. em we should do it my view also is that it is time to expand the supreme court. the constitution provides for that. p it has happened seven times in the past. we have supreme court that is way out of balance. supreme court that has become an extremist support court, that no longer limits itself to stare decisis. it no longer limits itself to the constitution itself and to the power to be exercised by congress and by the president

of the united states. we need to save our democracy, and part of saving our democracy is making sure that this extremist supreme court does not destroy it. >> senator elizabeth warren, thank you very much for an starting off our discussions tonight. >> thank you. coming up, maryland senate candidate, angela walt brooks, who is with vice president harris today in maryland. >> so it comes down to this. donald trump thinks that the do government is in a better position to tell women what is in their best interest than women ought to know for themselves. but joe biden and i trust women. ♪♪ citi's industry leading global payments solutions help their clients move money

around the world seamlessly in over 180 countries... and help a partner like the world food programme as they provide more than food to people in need. together, citi and the world food programme empower families across the globe. ♪♪

the cockroach. resilient creatures. where there is one, others aren't far behind. well that's horrifying. always scavenging... ortho home defense max indoor insect barrier. one application kills and prevents bugs for 365 days. nature is wild. your home doesn't have to be. okay everyone, our mission is to provide complete, balanced nutrition for strength and energy. yay - woo hoo! ensure, with 27 vitamins and minerals, nutrients for immune health. and ensure complete with 30 grams of protein. (♪♪) if you're living with moderate to severe plaque psoriasis or active psoriatic arthritis, symptoms can sometimes take you out of the moment. now there's skyrizi, so you can show up with clearer skin

and show it off. (♪♪) with skyrizi, you could take each step with 90% clearer skin. and if you have psoriatic arthritis skyrizi can help you get moving with less joint pain, stiffness, swelling, and fatigue. and skyrizi, is just 4 doses a year, after 2 starter doses. serious allergic reactions and an increased risk of infections or a lower ability to fight them may occur. tell your doctor if you have an infection or symptoms, had a vaccine, or plan to. thanks to skyrizi, there's nothing like clearer skin and less joint pain, and that means everything. (♪♪) ask your doctor about how skyrizi could help with your skin or joint symptoms. learn how abbvie could help you save.

when we're young, we're told anything is possible... could help with your skin or joint symptoms. ...but only a few of us go out and prove it. witness the greatness of anna hall on a connection worthy of gold: xfinity mobile. only xfinity gives you the most powerful mobile wifi network, with speeds up to a gig in millions of locations. and right now, xfinity internet customers can buy one unlimited line and get one free for a year. get the fastest connection to paris with xfinity. two years ago today, two

years ago today, i think many of us remember where we were. two years ago today the highest court in our land, the court of thurgood and rbg took a constitutional right that had been recognized from the people of america, from the women of america and two years ago, on that day, i actually made a prediction that overturning roe v wade would be the opening shot on a full on assault state-by- state on reproductive freedom. and that is exactly what happened. >> former district attorney, now vice president harris spoke at the university of maryland today were that former prosecutor made a campaign case against donald trump in the terms she used to use prosecuting cases in courtrooms. >> when he was in the white house, donald trump had hand- picked three members of the

united states supreme court because he intended for them to overturn roe v wade. and as he intended, they did. so it was premeditated. and trump has not denied, much less shown remorse for his actions. instead, he court, proudly takes credit for overturning roe. my fellow americans, in a court of law, that would be called and admission. and some would say a confession . all pointing to the ultimate issue. in the case of the stealing of reproductive freedom from the women of america, donald trump is guilty. from kansas to california to kentucky, in michigan, montana,

vermont and ohio. the people of america have voted for freedom. and not by a little, but often by overwhelming margins. proving this is not, this is not a partisan issue. proving that the voice of the people has been heard. and will be heard. so today, i ask, are you ready to make your voices heard? do we trust women? do we believe in freedom? do we believe in the promise of america? are we ready to fight for it? and when we fight we win! god bless you, and god bless america. joining us now is a democratic nominee for senate in maryland, angela also bricks. see attended vice president

kamala harris's's speech today. thank you very much for joining us tonight. this is a very important stake for senate campaigns. maryland could go either way. running against larry hogan who i assumed was a pro-choice republican. is that as clear as i assumed it to be? >> absolute not. what we have learned, first of all, that record is clear, he actually vetoed an important abortion care legislation that would expand abortion care in the state of maryland. that veto was overridden by the it is later and he withheld funding until the current governor came into office so he is a very clear record just this year, as he entered this race, he came in and said i understand that the issue around abortion care, because it is a very emotional issue for women. as well, when he was process whether or not he would vote to

codify and federal law a woman's right to choose, he refused to speculate about that. >> that is the part that surprised me. i thought he was just a roe versus wade guy. but the democratic party of maryland has assembled his responses to this. let's take a look at this, this was all new to me, hearing him answer it this way. let's listen to this. >> would you vote for legislation that would guarantee the right to an abortion? >> i think that is an issue we will have to address. >> surely you have thought about it. >> i'm not going to speculate on any issue, on any piece of legislation that has never been written. >> there's a much longer version of it here, too. where he goes on and it just keeps going like that. in circles, where clearly he has thought about it and now he has thought about it enough that he is afraid to talk about it. >> yeah, you know what? the reality is, this is a very, very serious issue. we know that in maryland,

maryland has now become the place that mitch mcconnell has selected as a place that he believes that republicans have the best chance of flipping the senate into republican hands led by donald trump. and he said that larry hogan was the get of the year, that he couldn't believe his luck in selecting larry hogan as the person he believed would give the republicans the best chance in gaining control and thereby, later on, putting a ban in place. so we know that this is an issue that is so serious khmer lenders have a whole different vision. they are pro-choice. i believe that marylanders will know the difference between larry hogan as governor and senator and the 51st vote is what this is about. and it is about our freedoms. we heard vice president harris talking about this today. this is about freedom it is something that is so personal to me. you know, i was 2 when roe was decided i don't think any of us ever thought that my own daughter, who is 19, would be fighting for rights that should

have been won by her grandmother. >> we just heard from senator warren, the point that in order to preserve these rights, guaranteed in roe versus wade, you need a democratic president, , craddick house of representatives in a democratic senate. and all the republicans have to do is grab one from the democrats and they will be there and that is why mitch mcconnell is so focus on maryland. they don't usually focus on maryland. they believe they have a shot there and in some other states, montana and some other states, that they are hoping for. but do the voters of maryland understand that if you vote for the republican, you are also voting for every other republican in the senate to be elevated and become more powerful? senator cruise becomes chairman of the committee. they then become the chairman and then their votes outrank democratic votes because

larry hogan is there. >> you know, marylanders are very savvy. >> pretty close to washington, d.c. >> very savvy voters. what people understand is that whoever controls the majority controls the agenda and what we know is that republicans have to send us a backwards point to not only take away abortion care rights but we have seen over the last couple of weeks, it also affects ivf and contraception. we know, as well, that these republicans will stack the supreme court. will continue to with these conservative justices who are not only intent in removing our freedoms around reproductive care, but voting rights and some the other rights that we all care about. so i believe that marylanders will know that the 51st vote is the question that we are answering who should have the 51st vote? i believe that they will elect me and will decide that the democrats ought to retain control of the senate. this is about the future. what kind of future do we see for our country. i see my own daughter shouldn't have to decide what state to

live in the summer she might have freedoms. i think this is what is at issue. >> those are really moving moments today with the vice president at the event you were at. kate cox, texas woman who was famously denied an abortion in a crucial situation where she then had to leave the state to go to new mexico, she made an announcement today, let's listen to that. >> today i'm happy to share that i am pregnant again. my husband and i are extending our baby in january, and i hope by then, when we welcome our baby to the world, a world led by joe biden and kamala harris. >> what was the lesson for the crowd in that today? >> it was horrifying to think that kate had to leave her own state. she had to flee her own state to not only save her own life but to also preserve the right to bear children in the future.

she was pregnant with a baby that was not viable. her health was at stake. her doctor made the decision that she needed this care and what we are looking at now are politicians who are in the examination room, who are substituting their judgment for that of doctors and in case example tells us really that this republican party is not stopping. they have gone so far not only, again, when we think about abortion care, that is jeopardizing the lives of women. but we are seeing now that really big choices for women about when they start families with ivf and contraception. this is something that must the 54th vote again, this election, the state could not be any higher and we are so happy for kate and for her family. >> maryland democratic senate candidate, angela alsobrooks. is your daughter still appearing in your tv ads? >> oh my gosh, this girl is wonderful. she has come you see she is a complete superstar. she just finished her freshman year in college and she is just amazing. >> have her come with you next time. thank you very much. coming up, with the

presidential debate later this week, today, trump's favorite federal judge, eileen cannon, heard the government's request to put a gag order on donald trump for telling lies about the fbi's search of his florida residents. adam klotz felt was in the courtroom. he will join us along with wiseman. ♪ even say why ♪ ♪ i am, i said ♪ ♪ ♪

dangerous ladders. gutter muck. yuck. no wonder you hate cleaning your gutters. good thing there's leaffilter. our patented filter technology keeps leaves and debris out of your gutters forever. guaranteed. call 833- leaffilter to get started. 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. everybody wants super straight, super white teeth. they want that hollywood white smile. new sensodyne clinical white provides 2 shades whiter teeth and 24/7 sensitivity protection. i think it's a great product. it's going to help a lot of patients.

want to get the most out of one sheet? grab bounty. (♪♪) bounty is made to be stronger... ...and more absorbent. so, while ordinary brands can't hold up, one sheet of bounty keeps working, even when wet. (♪♪) now that's the sound of value. bounty. the quicker picker upper.

i don't appreciate your tongue, that is what donald trump's favorite judge, he

appointed, said to one of the prosecutors on jack smith's team today in her courtroom, in florida, where she is presiding over the case of the united states of america versus donald a trump with donald trump accused of violations of the espionage act, including possession of classified documents. judge cannon never should have heard that tone today that she didn't like because she shouldn't be presiding over the case. according to two other federal judges in that jurisdiction. the new york times reported, quote, the judges who approached judge cannon, including the chief judge in the southern district of florida, cecilia and alton aga, each asked her to consider whether it would be better if she were to decline the high profile case, allowing it to go to another judge. judge cannon was appointed by mr. trump wanted to keep the case and refused the judges

entreaties. since then, judge cannon has exhibited hostility to prosecutors, handled pretrial motions slowly and indefinitely. postponed the trial. judge cannon had already exhibited hostility toward the prosecution before they even obtained an indictment against donald trump in the case. she issued two preliminary rulings involving evidence seized by the fbi search warrant, both of which were quickly overturned by the 11th circuit court of appeals, whose unanimous rulings made it clear judge cannon was either too incompetent or too prejudiced and donald trump's favored to handle this case. the judges trying to talk her out of taking the case, including the chief judge, had other practical considerations in mind. the new york times reports the first judge to call judge cannon suggest to her that it would be better for the case to be handled by a jurist based

closer to miami where the grand jury that indicted mr. trump had sat. a miami courthouse also had a secure facility approved to hold the sort of highly classified information that would be discussed in pretrial motions and used as evidence in the case. judge cannon is the sole judge in the federal courthouse in fort pierce a two hour drive north of miami when she was assigned to the case, the courthouse and fort pierce did not have a secure facility because judge cannon kept the case taxpayers have since had to pay to build a secure room known as a sensitive compartmented information facility. today, in her courtroom, judge cannon held two hearings. want to consider a motion for a gag order on defendant trump brought by the prosecution. and another on a defense motion calendaring the constitutionality of the very existence of a special prosecutor. prosecutors asked for the gag

order after donald trump told a lie that the fbi came to his former residence with the intentions of killing him when they executed a search warrant at their even though the fbi knew that donald trump wasn't there. the prosecutor suggest that could that live by donald trump could endanger the lives of fbi agents, not just in florida, but all of the country, given the publicly exhibited homicidal madness of some trump supporters over the last several years judge cannon seemed to think that the fbi agent had nothing to worry about and any comments made by donald trump, and the greater offense was the prosecutor's tone in discussing those potential threats by donald trump. joining our discussion now, adam klasfeld, who was in the courtroom and for pierce, florida today. he is a fellow adjuster security. also senator wiseman, former chief of the criminal commission in the eastern district of new york.

gerace vance, the former chief of the appellate division in the 11th circuit she is a professor at the university of alabama school of law and cohost the podcast hashtag sisters in law. that one, you were in the courtroom. what about that tone? >> well, one thing in context for that. the thing that set judge cannon off before that was that david hardback, the prosecutor who she dressed down was getting such a tough reception, even before that moment that he had made a remark that he had barely gotten one of his points across. that was what made judge cannon make that remark. and for all of her tone policing, when he stepped down and trump's attorney, todd blanche, came up . and you have seen todd blanche in action, lawrence. he gave something that would be not out of place for a campaign speech for trump, getting a view of the gag order, as this

was a mere critique of the biden administration, biden's justice department she didn't really push back on that remark . and on friday, it was very different, you know. she had sharply pressed both sides. she had actually even questioned trump's other attorney. also a attorney on the new york criminal case about his characterization of the special counsel as a shadow government. she said i don't think that, i don't know if it is right to throw aspersions, she said to him about his use of that term. and now, today, blanche was throwing every aspersion in the book about the, about joe biden's supposedly secret role in the gag order, excuse me, in the search of mar-a-lago. there is absolutely no evidence of that. and didn't even push back on todd blanche's characterization of trumps comments and the fact that the were lies.

>> andrew, exasperation can happen in courtrooms. but of all the people in an american courtroom to be concerned about tone, in a hearing that is about donald trump's potential threatening of fbi agents nationally, something that most judges have never ever had to consider, federal judges. they have never had to consider their duty to protect fbi agents nationally. and her worry is the tone. >> see, that is one of many, many, many signs that she is not up to the task here. i have seen many judges in high profile matters and seen how they comport themselves. we all just watched judge merchan, that is the platonic ideal of the model. here, there is so much wrong with what she did today. starting with that even if you

think these allegations may not be enough to to what the government wants, you would not decide to hear this a month after the allegations are raised this should have been her promptly. second, her comment that was, well, there is nothing about these agents on this case that i need to worry about because i have kept their names private. and the prosecutor said, okay, that is actually actually not true. the names have leaked out. so the names will continue to leak out. and two, that is so myopic because there have been threats against other fbi agents. and you don't think that has, both an effect on other fbi agents and also on these. so it was both sort of a shortsighted view of questioning and also factual. so there's just so much that is consistent with the outrage in the way that she has handled

this case, as you noted from the outset, when it was not even an indictment, she is consistently done things that show both her naoveti, the fact that she is not right for prime time, and i hate to say, but is really showing prejudice in a way that really casts aspersions on very good conservative judges who do their duty. >> your tone was okay and the way you said that. [ laughter ] harsh but a harsh comment but the tone was okay. gerace vance, what do you expect here because judge cannon seems to know when she can create a ruling that jack smith will appeal and could possibly shake her grip on the case. so what are you expecting from, for us to see going forward on this? >> so i am expecting more delay, which is precisely how she has handled this case from

the get-go. she doesn't rule, to andrew's point, she scheduled this hearing, just an unconscionably long time after trump began to make these comments. we won't see a ruling in this case for weeks if we see one forever. and the reason for that is because these rulings would be immediately appealed as they went against the government if she were to dismiss the case or limit special counsel's ability to use funding sources, then they would appeal that. and most importantly, this ruling on the change in trumps conditions of pretrial release is something that by statute, the government is entitled to take. an immediate appeal of if she denies their motion. and that is exactly where judge cannon does not want to be in front of the 11th circuit again. you know, i think we can't say this enough. she wasn't just reversed two times by the court of appeals. she entertained a fundamentally flawed action brought by donald

trump. when you don't like the results of a search warrant in an investigation into your conduct, you wait until you are charged and then you move to suppress any evidence gained as a result of that search warrant. and that is not what trump did, he filed a civil action that wasn't justified under any sort of legal proceedings she entertained it. she delayed the government's use of evidence. that, in large part, is why we are here talking about delay again. and that is what the 11th circuit responded to so sharply, smacking her down twice. she does not want to be back in front of them. >> we have to squeeze in a commercial break here. joyce, when we come back i want to pick up with you right there with your expertise in the 11th circuit on appeals. we'll be right back after this break.

shop etsy anytime for furniture, lighting, and other thoughtful pieces made by real people to bring a little something extra to the ordinary. find handmade items that add wow to your walls, help your party set-up pop, and new things to help you fall in love with your family room again. when you want one-of-a-kind items to give your home a little refresher... etsy has it. diabetes can serve up a lot of questions. like what is your glucose and can you have more carbs? before you decide with the freestyle libre 3 system know your glucose and where it's heading no fingersticks needed. now the world's smallest and thinnest sensor

sends your glucose levels directly to your smartphone. manage your diabetes with more confidence and lower your a1c. the #1 cgm prescribed in the u.s. try it for free at freestylelibre.us with cascade platinum plus, i have upped my dish game auntie, in that dishwasher? watch me s disease. now, there's skyrizi. ♪ things are looking up ♪ ♪ i've got symptom relief ♪ ♪ control of my crohn's means everything to me ♪ (♪♪) ♪ control is everything to me ♪ feel significant symptom relief at 4 weeks with skyrizi, including less abdominal pain and fewer bowel movements. skyrizi is the first il-23 inhibitor that can deliver remission and visibly improve damage of the intestinal lining. and skyrizi is proven to help deliver

long-lasting remission at one year. serious allergic reactions and an increased risk of infections or a lower ability to fight them may occur. tell your doctor if you have an infection or symptoms, had a vaccine or plan to. liver problems may occur in crohn's disease. now's the time to ask your gastroenterologist how you can take control of your crohn's with skyrizi. (♪♪) ♪ control is everything to me ♪ learn how abbvie could help you save. were you worried the wedding would be too much? nahhhh... (inner monologue) another destination wedding?? why can't they use my backyard!! with empower, we get all of our financial questions answered. so we don't have to worry. empower. what's next. smile! you found it. the feeling of finding psoriasis can't filter out the real you. so go ahead, live unfiltered with the one and only sotyktu, a once-daily pill for moderate to severe plaque psoriasis, and the chance at clear or almost clear skin.

it's like the feeling of finding you're so ready for your close-up. or finding you don't have to hide your skin just your background. once-daily sotyktu was proven better, getting more people clearer skin than the leading pill. don't take if you're allergic to sotyktu; serious reactions can occur. will tyktu is a tyk2 inhibitor. tyk2 is part of the jak family. it's not known if sotyktu has the same risks as jak inhibitors. find what plaque psoriasis has been hiding. there's only one sotyktu, so ask for it by name. so clearly you. sotyktu.

choose advil liqui-gels for faster, stronger and longer-lasting relief than tylenol rapid release gels because advil targets pain at the source of inflammation. so for faster pain relief, advil the pain away. we're back with adam klasfeld, and reisman, and joyce vance. joyce, i want to go back, with your experience in appeals and the 11th circuit at the u.s. attorney's office, would you expect the 11th circuit court of appeals to consider it within their duties to make sure that fbi agents were adequately protected in a situation like this? >> yeah, i mean, it is a really good question. because it is where we are in this situation. the issue would be, if she denies this request for a modification, and it goes

to the 11th circuit, how would they react to that? and part of the problem with the way she has approached this question is that she almost seems to be demanding that prosecutors show that something bad happens to fbi agents before she is willing to force donald trump to stop lying about the effort to use force, in essence, what he has said is that they came for him with their guns in hand. and that is simply not true. they were acting pursuant to policy. so what jack smith is doing, and i think that it would be successful in front of the 11th circuit, is that they are showing other senses where donald trump spoke like this about people, agents and some of his followers reacted. not in every case but not every time, there are in that event, like caesar sidak, a man who built explosive devices and sent them to people who they thought were donald trump's

enemies. fortunately, they did not function but the point is, you don't want to be the judge who takes that risk and fails to protect people, whether it is agents, witnesses, or jurors, what have you. there's plenty of evidence that donald trump passwords influence people and he needs to behave in responsible ways if he will, it is up to the court. >> is there any hint in court today about possible timing on decisions? >> not at all, lawrence. and that has been part of a pattern. there is no hint of a decision brought by trump in the set of hearings. challenging the special counsel's authority. saying that he was unconstitutionally appointed, that it should have gone through the senate. there is another motion saying that the funding of a special counsel was not authorized. that it shouldn't have come from the permanent and definite appropriation with which, in judge cannon's words, was limitless. she appeared to, she

appeared to be taking that one seriously. and she did not rule on either one and say what either one would come down. >> andrew, judge taking seriously the question of how are you financing the prosecution, who herself has caused an increased cost in this case because there was no secure facility at her courtroom for classified documents. does judge cannon look at this thinking, which one of these could get me knocked off the case? is there, if she were to rule in a certain way on one of these items, is it possible that the 11th circuit would say, okay, we simply can't continue with her on this case >> unfortunately, i do think that is exactly how she is looking at this. witches, which one of these, if i for donald trump, will there be an appeal and i could get kicked off the case, not just

reversed but they have had it. i think that is exactly how she is doing it. i think if she were to say that the special counsel itself is unconstitutional, which has been found by every single court, republicans, democrats have said this is totally legit , that is when that is going to get her reversed. so i don't see her doing that. she could do what she normally does, which is criticized it to a fair balance there, and see substantial legal issues in that rule for the government. so since she doesn't actually get kicked off. i think the funding issue is one where she might be interested but i think she, it is a loser for her. and so i don't think that is going to work. i do think this one, on danger, is the one where she has to be the careful because it relates so much to the reasons she was reversed, as joyce said, not once, but twice. >> and reisman, adam klasfeld, joyce vance, thank you all very much for joining our discussions tonight. tonight's last word is next.

introducing new advil targeted relief. the only topical pain reliever with 4 powerful pain-fighting ingredients that start working on contact to target tough pain at the source. for up to 8 hours of powerful relief. new advil targeted relief.

awkward question... is there going to be anything... -left over? -yeah. oh, absolutely. (inner monologue) my kids don't know what they want. you know who knows what she wants? me! with empower, we get all of our financial questions answered. so you don't have to worry. empower. what's next. dave's company just scored the comcast business 5-year price lock guarantee. high five! high five... -i'm on a call. it's 5 years of reliable, gig speed internet... five years of advanced security... five years of a great rate that won't change. yep, dave's feeling it. yes. but it's only for a limited time. five years? -five years. introducing the comcast business 5-year price lock guarantee. powering 5 years of savings. powering possibilities. - [narrator] life with ear ringing sounded like a constant train whistle i couldn't escape. then i started taking lipo flavonoid. with 60 years of clinical experience, it's the number one doctor recommended brand for ear ringing.

and now i'm finally free. take back control with lipo flavonoid. legend has sent that anthony john francis riley was ireland's first billionaire. i say legend because tony o'reillys is a business empire was so highly leveraged on loans that it was hard to tell how much he was really worth when he was flying high in the 1990s and the first decade of the 21st century. is being an irish story, of course, no one can fly high forever. and so, when tony o'reilly died

at age 88, he was bankrupt. in 2018, three years after declaring bankruptcy, tony o'reilly delivered a line that became the last line of his "new york times" obituary today. you win and you lose he said. if you don't know how to lose, you don't know how to live. the legendary tony o'reilly gets tonight's last word. the 11th hour with stephanie ruhle starts now . tonight, it's exactly 2 years since the supreme court struck down roe v. wade. a decision the put abortion on the ballot in the race for the white house. biden goes off the campaign trail for a debate prep will trump focuses on bringing and more campaign cash. mar-a-lago documents case. prosecutors face-off against