video shows four employees pinning him to the ground with hands and knees as he cries for help. they were fired and they could face murder charges. what are officials saying about potential charges there? >> reporter: it is up to the district attorney to determine whether or not any charges will be filed. with four felony murder charges along with the underlying charge of battery. of battery.

this all stems from an incident that happened last month on june 30th outside of the hyatt t regency center. that's when this man you see on your screen right now d'vontaye mitchell died after he was pinned down by at least four security guards at the hotel. he police say mitchell entered the hotel and caused some sort of experiments. it's unclear what happened and we want to warn her viewers this video is tough to watch. as mitchell is pinned you can hear him pleading for help. he was laid to rest thursday. his family remembered him as a loving father of two and a husband. we spoke with some friends of the family and they are pushing for justice. listen in. >> some people don't get the message. this is what is in the police. this was a murder by civilians. that's how i see it as a ee homicide. an innocent man was beaten.

they showed the stick that was o used and he continually asked stop, stop. what am i thinking right now? a black life still doesn't matter. >> mitchell was remembered as a father who could turn a can of ravioli into a gourmet meal. >> he's going to be missed. thank you for that. in just a moment senator bernie sanders has spoken in a new york times op-ed but is anyone listening? many answers ahead. good day to all of you from msnbc. welcome to alex witt reports. we begin this hour with an endorsement of president joe biden from one of the strongest progressive voices in the democratic party. senator bernie sanders, though a registered independent, declaring biden the most effective president in modern

history and the strongest candidate to defeat donald trump. meanwhile campaign activity heats up in the battleground state of pennsylvania with republicans and democrats hitting the trail there this afternoon. vice president kamala harris will speak in philadelphia. while this is alive, look at butler. that is where donald trump will be speaking in about three hours from now. the city of milwaukee officials are prepping for the replica national convention two days away. trump is teasing his pick saying it's now down to north dakota governor and senators marco rubio and 10 scott. more than 24 million people watched president biden's postnatal conference thursday. the president moving quickly to shift the focus to donald trump. >> i'm the nominee of the democratic party. the only democrat or republican who has been donald trump ever. i'm going to beat him again. i know it.

donald trump is a loser. >> one member of the black caucus reaffirming support now that the president has made it clear he's staying in the race. >> a lot of us particularly in the black caucus have got his back because he's had ours. we are going to continue to do everything we can to ensure that come november we are re- electing joe biden and kamala harris and putting donald trump into retirement. >> we have a number of reporters in place covering all the developments. we begin in pennsylvania where donald trump is set to hold the rally later on today. you've got a packed crowd behind you my friend. maybe in part because trump has been teasing his vice presidential short list and something everyone is waiting for. can we expect a decision before the convention begins on monday? >> this really has started to feel like a finale episode of the apprentice.

with much higher stakes this is the future of the country. the former president said this is an apprentice style approach at this point on a podcast recently. he has been teasing this so much. he asked voters on tuesday if he should announce at a rally held in florida this morning we got a fund-raising email from the campaign asking voters if he should announce today. it really does seem like he wants the reveal to happen at the convention next week. take a listen to what he said recently. >> i'd love to do it during the convention, which would be you know, or just slightly before the convention, like monday, love to do it on tuesday or wednesday actually, but for a lot of complex reasons that you people understand pretty much don't do that. >> reporter: at this point we need to be prepared for anything. we are from our news reporting know that the shortlist has really likely come down to

florida senator michael rubio, ohio senator j.d. vance and north dakota governor doug burgum. on that same program the former president also threw in one more senator's name, senator tim scott. four contenders according to the former president that we really have been mostly hearing about those top three that i mentioned. there is no overstating just how important the state is. that's why you see both presidential candidates and vice president harris frequented the state. the former president holding his final rally here before he officially accepts the republican nomination next week. >> thank you so much for that. let's go to nbc's allie with the president in delaware. the president is certainly taking aim at his predecessor's inner circle. what warning is ascending to voters about the dangers of a second trump administration?

>> reporter: we saw this major shift in tone by president biden at this a fiery rally he held in battleground michigan last night. during that rally he really delivered the most full throated endorsement and defense of his embattled candidacy since that poor debate performance on june 27th. he used the opportunity would so many eyes on his every move, every word in the wake of that debate performance to shift the attention to former president trump and he said former president trump gets a free pass for the things he says while the president is heavily scrutinized for his words and in an effort to appeal to be on his base he also issued a warning for what a second trump presidency could bring. >> project 2025 is paid for by truck people. his top policy people. his campaign press secretary, his personal man in the white house, the biggest funders and

more. it was a project built for trump. project 2025 is the biggest attack on our system of government and personal freedom that's ever been proposed in the history of this country. >> the president in that rally not only vowing to stay in this race but also offered a preview of what his first 100 days in office would look like if he's re-elected to a second term in office saying he would codify roe v wade back into federal law saying he would work to bolster social security and medicare. all of this is coming as the president meanwhile tries to put a lid on these democratic calls for him to step aside to pass the torch on. we know that 19 democratic lawmaker so far have made that call. so many more privately are weighing whether to do the same and the president is leading this outreach effort in recent days. we know that is continuing today to try to reach out to different groups, caucuses in congress to put a lid on those

calls but we know so many are going to be watching over the coming days. on monday he heads to texas to deliver a speech on the signing of the civil rights act and heads out west to nevada to show support among black and latino voters. >> those calls began an hour from now at the progressive caucus. we will see how they go. new numbers show the race has not changed much since the much talked about debate two weeks ago. the npr pbs poll shows abide in gaining a point from the poll conducted before the debate. he now leads trump 50 to 48 in a head-to-head matchup and vice president harris replace trumped the machine leads trump by just 1%. among those voting in november trump and biden are tied with all parties included. all of these results fall within the margin of error. joining me now, adviser to the obama campaign and msnbc political analyst who

previously served as press secretary to former vp candidate paul ryan. good to have you guys back. with these poll numbers showing a race no matter what had you gauge the risk factor of changing the ticket now? has the president over the last few days bolster his case to stay? he also has quite a few events planned this week. >> i ink the president has showcased not only is he not leaving the ticket but he's the one that is actually going to compete and dominate trump come november. we know his campaign is putting a very high as it is in these battleground states. i think the event he held just last night in detroit was huge. we heard the chance, they were resounding. don't quit and all of the people there, specifically those representing unions, the black community, the brown community, those fuel here why it's so important.

joe biden is carrying the weight of the world on him right now. we are talking about all eyes on him but also the fate of our democracy on him. the fate of not only the united states democracy but the protection of democracy abroad. the legacy this president has in terms of job creation, fighting for civil rights in equity, reducing student loan debt, fighting against project 2025 in real time and the forcefulness he was able to exhibit last night. i think those will continue to about this campaign trail. we know in the coming week he's going to be in vegas for the naacp conference. this is a president who understands what's at stake for multiple communities across the country specifically vulnerable communities and those communities understand it as well. >> she brings up a good point. she talks about the forcefulness with which he delivered the rally yesterday in detroit. you look at the vast breadth of knowledge he displayed on thursday night after the nato summit. he was in the senate for 36 years, chair of former relations. he showed he has a level of

context and perspective on that that is pretty extraordinary. does that at all change the dynamic that we were discussing last weekend? >> not a ton. i think the press conference this week was objectively okay. it was not an impressive performance. he definitely did better evening and it probably left democrats searching a little bit. he didn't fall on his face and they didn't yank him right now but there's a lot of people in the house and senate were all getting back their own poles and districts right now and are probably seeing him underwater with more people disapproving and it's scaring them. the race is close. you do show the polls. nobody can look at these polls and say these numbers are so bad that he must leave. i think what people are concerned about is does he have the capacity to do the things

necessary to make up the little ground he has in the important swing states? the conventional wisdom is he needs to get out more, he needs to talk to voters. i disagree with that. i don't think that's going to work. i think what he did last night is what he needs to be doing which is stay on teleprompter, read a really good speech, have some good proud that'll cheer for you and try to move past this. just get your party together with you. return the focus to donald trump, that is the path ahead. he's not going to win by convincing people he's not actually battled. i think he needs to change the conversation and maybe democrats will get this out of the system enough so they can finally do that. >> let me ask about the bernie sanders op-ed. he says mr. biden may not be the ideal candidate but he will be the candidate and should be the candidate and with an effective campaign that speaks to the needs of working families are good he will not only defeat mr. trump but beat him badly. how significant is this given sanders dominance as a progressive?

>> it's interesting. you would expect perhaps progressives, maybe the squad in house, it would be the ones pushing him out the most but that's not been the case. i think you're seeing a lot more moderate swing voters who potentially in their own districts are at risk. i think this is a huge lifeline for him. what it really comes down to at this point is not ideology, is whether or not you believe joe biden is not stepping away. if you believe he's in this until the end that is the obvious right thing to do. circle the wagon, go forward, return focus to donald trump. bernie sanders is asking more return to focus. it also suggested biden should be running on some expansive ideas that probably are not very popular but that's very bernie sanders. i think what sanders realizes is we are hurting our own nominee. every day we are out here doing this we are hurting him and he will go. we need to get it together. >> senator sanders said americans should learn a lesson from voters in france who came

together to defeat the far right party. unlike france americans do not get a first round of voting to scare them into going into the polls but is there a lesson there? >> i think there's definitely a lesson. we sought in france and the uk. i think it's very important to understand what authoritarians look like, what it looks like to have very far right policies that not only shudder the working class but also make it extremely hard for a nation to continue to be competitive. i think these are lessons we can take not only from europe but also understating what is at stake. what is at stake home and abroad? they understood and were able to give resounding victories to their more left leaning. bernie sanders does what is necessary. when people think of bernie sanders, aoc, a little bit more of the far left what they consider the socialist wing they think of people who are fighting against the democratic party. consider them sometimes outsiders. that is not the case.

what we are seeing is you may not always agree on certain levels of progressivism but even within that point you have to understand what is at stake and what could be taken away. within that op-ed what we saw was senator sanders able to lay it bear. they don't agree on both things, they don't see all things similarly. we see the pathway to america's future and we understand what is a threat with the donald trump presidency. that's what matters the most. we need to circle the wagons, democrats need to get on board, we need to stop acting like this is a red cell presidency where everybody gets arose. that's not what this is. joe biden has so he is in this to win and he's not going anywhere. it's time democrats understand. >> there was this written in the atlantic that the trump campaign has been optimistic about running but does not have a plan if it somebody else. he says privately they are all playing he remains their opponent. we have seen republicans taking this opportunity to slam biden. if they are hoping he stays in does that signal that he

shouldn't? >> i think republicans are playing reverse psychology here. they have become a lot smarter, at least trump's campaign, this go around than four years ago. i think it would unleash an onslaught of not only sexism but racism to the links we have not seen in modern history against kamala harris who would honestly be the only person who could take up the seat if it was not joe biden but in addition to that they would also have to be a rapid restructure for democrats. let's be real, there's a calendar and there are rules. there would not be anyone else chosen whose name isn't kamala harris but with that being said a lot of the apparatus would have to change immediately. within the timeframe we currently have that is much too short to be able to launch something successful. we know at this point the only person who's running against donald trump is joe biden. with your winning horse. >> quickly with the new york

times editorial board and their piece on thursday, donald trump is unfit to lead. how can democrats harness that as their message going forward? >> the editorial is funny in itself. there's a wing of the party that seems to think all of the problems with joe biden is people are not critical enough of donald trump. at the same time, if joe biden can create a bit of an enemy, put a chip on his shoulder that people are out to get him and take up that populist message that donald trump has used quite successfully he can use it to his advantage. i really do believe that once people get this or that out of their system they will be able to return focus donald trump. joe biden is clearly an underdog. i expect him to lose if we were going head-to-head the bet but donald trump is very beatable. he's one of the most flawed candidates we have ever seen run for president and if the conversation is about him joe biden has a fighting chance he

just needs to get it away from his age and onto donald trump. >> brendan buck, ameshia cross, we will see you again soon. it is not just a pretty building, it's a magnet for the far right groups and that's been very good for business. back in 90 seconds. so you can get back to your monster to-do list. -really? -get a quote at progresivecommercial.com. when anyone in this house wears white, it doesn't stay white for long. white? to soccer? i'm not gonna slide tackle. but now with tide oxi white, we can clean our white clothes without using bleach even works on colors. i slide tackled. i see that. it's got to be tide.

for a new look at how donald trump's mar-a-lago club is turning a profit in becoming a magnet for white nationalists

and aspiring far right politicians. a new york times analysis of more than 130 people who frequented the club in recent years shows ultrabright organizations and political fundraisers dominated mar-a- lago calendar with some big names spending tall tales. >> we are in a battle of good versus evil. >> good and evil. >> pizza is a code word. >> we will take him to the gates of . >> joining me now, investigative reporter of the new york times and one of the co-authors on that report. david, i'm glad to talk about this with you because for the regulars at trump's gilded echo chamber these places are not cheap. what did you uncover about who these regulars are and what they pay to be in trump's orbit? >> we looked to try to discover who was around trump. what matters is we learned in his first white house it's not what he believes because

there's a few things he cares about but what the people around him believe and want to do so these are the people that are coming with him into the white house. we looked at people who frequented mar-a-lago and also people who held big events basically putting money in his pocket while they were at his club. what we saw as you said was it is a huge shift from before he was president or even during his presidency. what's there are these very extreme far right groups, people who believe january 6th was a hoax, the 2020 election was stolen, democrats are pedophiles, they control the world, all these things that seem so far outside the mainstream are very mainstream there. >> remember donald trump was rather infamous for going out to rallies during his first campaign and the last person who is speaking in his ear is the kind of thing he would echo out there on the stager at the rally. let's take a listen to a sample of some theories being floated at mar-a-lago. >> a fringe minority who hates this country.

>> bringing communism to our shores. >> destroying life, freedom, family. >> radical atheists. >> radical left lunatics want to interfere with our elections. >> they think they can continue to steal elections. >> we don't have a fair election then we don't have a country. >> good lord. elected members of congress also made the brooklyn bridge. you remember when kevin mccarthy showed up after trashing trump over january 6th and yet mike johnson when he needed to save his speakership. is this now the clearest path to success for republican politicians? >> it's not a guarantee. some who went to mar-a-lago didn't get an endorsement or got an endorsement but didn't win. certainly it's the safest bet. there is no political cost at all in the republican party for going to mar-a-lago and kissing the ring. i think that started with kevin mccarthy after january 6th when trump was at his lowest.

kevin mccarthy went there to kiss the ring and show people trump was back, okay and this is the place you should go if you want to grow in republican politics. i think we will continue to see that more if trump is re- elected. >> you found that mar-a-lago lost money in 2012 but the prophets peaked in 2017 when the club added new customers. that includes the u.s. government which paid for bedrooms used by secret service agents and the liquor drunk by mr. trump's aides. you show this tab build to a statement account. what more can you tell us about the money funding this major comp revenue stream and does this funding go into his campaign? does it go to his wallet? >> it all goes to his wallet. he owns mar-a-lago, there's no loans, no investors. the money that goes there is his money. it's prophets -- it went down during his presidency when he started to lose some of his old clients. a lot of the people that were

renting out the ballrooms there which is a big chunk of revenue were just sort of a political society galas. salvation army, hospitals. they started to depart in 2017 after trump's infamous comments about the riot in charlottesville, virginia that they were fine people on both sides. after that the apolitical customers fell away and they were a couple down years. after trump left office there place was taken by all these either political campaigns or politically aligned nonprofit groups that are full of trump's alumni in his administration, people who go there to suck up to him, to be seen with him and to sort of joined in this political bubble. they made 22 million in profits , his most profitable club by far. people are joining all the time so it's a business success. he's taking it from that failure caused by his politics now into a raging business

success also fueled by his politics. >> is there a tangible way to figure out what this money can buy people who invest at mar-a- lago? >> what you see now is it buys immediately trump's presence. he will show up at your event, except her ward, given endorsement. that's what he can offer now and it's very valuable. we have to assume when trump is re-elected that will be a way to buy as president and probably more. trump doesn't have the hotel in washington, d.c. anymore. that was the place where if you wanted to suck up to donald trump while he was president you went there. he will be at mar-a-lago and so will people who want to make friends with him. that's probably the place where the nexus will happen if he's re-elected. >> even the people who want to make friends with him you wrote trump transformed the place into a white house exile and

this week on gary's prime minister shared an image from his visit to mar-a-lago after visiting with putin in recent weeks on a self-described peace mission. what have you learned if anything about trips to mar-a- lago by foreign government agents? >> trump was president. he used it as a way to host foreign dignitaries. the president of japan was there, the president of china. those made money for trump. his club charge the u.s. government for everything. rooms, food, plants in the background and water they drink. that was a big moneymaker for him. as he said it's a place where foreign governments, emissaries can come meet him. we don't know any examples of spies undercover agents there. you don't need to be undercover. if you're just someone who represents that government is better for you to be seen. we saw during trump's presidency and after politicians and elected leaders from other countries that want

to show their alignment with trump's where you go. you take that picture. >> fascinating. thank you so much for coming on, david fahrenthold. good to see you. with friends like these whether president biden speeches this past week change any minds on capitol hill. r-o-l-a-i-d-s rolaids' dual-active formula begins to neutralize acid on contact. r-o-l-a-i-d-s spells relief. [music playing] tiffany: my daughter is mila. she is 19 months old. she is a little ray of sunshine. one of the happiest babies you'll probably ever meet. [giggles] children with down syndrome typically have a higher risk for developing acute myeloid leukemia, or just leukemia in general. and here we are. marlo thomas: st. jude children's research hospital

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that's so much worse. why is that thing in bed with you? this is where it gets the best signal from the cell tower! i've tried everywhere else in the house! there's always a new excuse. well if we got xfinity you wouldn't have to mess around with the connection. therapy's tough, huh? -mmm. it's like a lot about me. [laughs] a home router should never be a home wrecker. oo this is a good book title. breaking news in the hamas war. at least 90 people have been killed, or than 300 injured in an israeli airstrike in southern gaza. according to gaza health officials that strike hitting a camp for displaced palestinians. israel ngthe strike targeted to top hamas military commanders considered masterminds of the october 7 attack. israel officials have not confirmed their debts. joining me now from tel aviv, welcome, so who were these two leaders? what can you tell us about the civilian toll?

>> the civilian toll is devastating today. at least 90 people killed. our nbc crews in gaza have filled the aftermath of what some witnesses say or multiple bombings in the area. this is a coastal enclave designated as a humanitarian zone and we saw images to graphic to air of bodies all over the street. we saw people digging with their bare hands to try to get to survivors and people buried under rubber -- rubble. the hospital to the east saying they just don't have the capacity to deal with the injured and wounded being brought in there. hundreds to the hospitals already not functioning at full capacity. you mentioned to people. we are hearing now from the prime minister of israel he is in fact holding a news conference as we speak. he's saying it is not possible

right now to confirm that the target of this strike, mohammed deif, essentially number two of hamas, the head of the military command not possible to confirm that he has been killed. we know that he is at the target. this is one of the most senior commanders, the number two. the other man you mentioned in your intro, rafa salama, he is the hamas military commander for khan younis. it is understood according at least to the idf that he was present in a compound with mohammed deif. the idf is saying they did not kill any civilians but the images we are seeing come out itself tell quite a different story. we are seeing quite a few civilian debts and the images are chris have been filming. back to you. >> it's tough to hear.

thank you so much. my next guest wrote this article and there is a mention of a decision the president made back in 2015 that might shed some light and why he isn't ending his re-election campaign. we will unpack it next. next. the only migraine medication that helps treat and prevent, all in one. to those with migraine, i see you. for the acute treatment of migraine with or without aura and the preventive treatment of episodic migraine in adults. don't take if allergic to nurtec odt. allergic reactions can occur, even days after using. most common side effects were nausea, indigestion, and stomach pain. it's time we all shine. talk to a healthcare provider about nurtec odt from pfizer. most people call leaffilter when their gutters are clogged and they notice one of the many issues that can bring. sometimes it's the smell of mildew when water has seeped into the interior walls. or maybe they've spotted mold in the attic. but most often it's the more obvious signs of damage like rotten soffit, fascia,

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new questions on capitol hill about whether more democrats will ask president biden to drop his re-election bill.

bernie sanders called on members of his party to stand behind the president in a passionate op-ed in the new york times. joining me now from capitol hill, welcome again. what did senator sanders say in his piece? >> reporter: a really defensive defense of resident biden telling his colleagues, telling democrats nf, mr. biden they not be the ideal candidate but he is and should be the candidate notably sanders who has stood behind the president, stood by the president in light of that debate performance at the end of june through these last couple of days and weeks where biden has hit the campaign trail held press conferences, talked to voters and called on biden as well to embrace more of a progressive agenda, embrace the working class, target some of those proposals that sanders and other members of the progressive caucus have called on biden to do throughout his presidency really. i want you to take a listen to

a mix of opinions here as we see sanders defense and biden just moments before he set to join a call with other progressive members on capitol hill in the next hour. two members who have very different views of where biden stands here. >> if you lose the presidency and lose the house and the senate you basically lose the whole country to donald trump. not only is the country never going to forgive you but that's what you'll be remembered for so the stakes are high for the country. the stakes are high for president biden. >> this is a president who stood up for reproductive rights, lgbtq writes and gun reform. those are platforms of progressives. joe biden has been incredibly strong when it comes to our platform and he is really the best one who can defeat narcissist donald trump. >> really clear contrast. you hear democrats fears and concerns with the white house up for grabs in november.

they want the best and strongest candidate at the top of the ticket. with a progressive member on the call this next hour saying the party needs to unify. >> thank you so much. i know you'll be listening for details from that call. we will bring in katie rogers, white house correspondent for the new york times. at that rally in detroit we heard the president take several jobs at donald trump. here's one of them. >> you know how businessman a trump really is think about this. inherited millions of dollars only to squander it. he's filed bankruptcy six times. he even went bankrupt running a casino. i didn't think that was possible. doesn't the house always when? >> he's using fax to callout donald trump as opposed to donald trump who frequently will just put out things he

feels like saying and never not rooted in fact. are we going to see speeches that are now less about policy and more targeting trumps proven flaws? >> i think there is a clear recognition among people close to the president that the president was very focused in that debate on explaining policy , defending his agenda and getting all the facts and figures right within the timeframe. that was clearly not the right track for them. they are going forward knowing he needs to be more aggressive about donald trump. >> are they leaving that to surrogates? i don't know if you heard my conversation on the show earlier , but she gave a whole list of all the accomplishments joe biden has managed which divided congress and the likes. is that we think will happen?

>> i don't think it's anything new for surrogates of president biden to go after donald trump. they do it often emphatically and aggressively. the difference is the president doing that and that's not really his political style. as you know, his nature is to find common ground and be in negotiator and mediator and he's really sort of having to step into this aggressive campaigner, almost give them red meat that he is not historically been comfortable with or thought was necessary. it's interesting to see him. last night it was interesting to see him. these are some redmeat campaign tactics. it gets people riled up. that is not classic resident biden but that's where he's going. >> he has seemed a bit stronger, vigorous since the debate in his appearances.

is this the kind of thing that will help quell all the calls for him to step aside? >> i think lawmakers have a lot of concerns about not only his performance of politics which is clear he's 81 years old, has issues looking sprightly on stage. beyond that, i think they have concerns the white house and campaign have not been communicating with them, have not been hearing their concerns and when they are in forms to do that some lawmakers have told me this weekend they feel it has been too structured and too scripted and the president is not taking in a lot of feedback and concerns right now. there are two parts of this that need to be addressed. >> i have a two-part question. in a new article you describe him as angry while he's dismissed any calls to exit the race, even from top democratic leaders. does the president understand

why the calls continue? how does he refute concerns about his age and do you get any sense of decision to not run against hillary clinton in the 2016 primaries? is it something he regrets, is it part of the reason why he's digging in his heels? >> i think in that little world from the president on down there is a definite feeling of regret that it might've been his time, it would've headed off a donald trump presidency in the first place but now he is 81 years old trying to still stave that off. i think there is regret and even a feeling of guilt that he didn't do that before. to your first question i took them in reverse, i think he is a proud person, a defiant person and he and his advisers are convinced he can campaign his way out of this.

>> we shall see. appreciate you. thank you. from aoc to doj all the questions about impeachment articles against two supreme court justices next. ices next.

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but we should. it is our commitment. [music playing] now to new action and congress to counter donald trump's immunity decision. senate majority leader chuck schumer says he will push for a bill to strip trump of immunity granted by the supreme court.

alexandria ocasio-cortez is moving to impeach justices samuel alito and clarence thomas for not recusing themselves from key cases in the face of alleged ethics violations. >> will and do believe justices thomas and alito are prone and subject to corruption. the institution failing to punish them is broken and that consequently there impeachment is a constitutional imperative and our congressional duty. i am here today presenting these articles of impeachment not because i am a democrat and not because i am blind to its odds in a republican-led chamber. i present them because it is the right thing to do. >> joining me now, harry littman, former u.s. attorney, former deputy assistant attorney general. host of the talking feds podcast. could to see you, harry. aoc admits politically the odds are against this, but legally is this an opinion congress

should consider busting mark >> it's actually in reverse. i think what she admits is it's not going to really fly politically and legally we have had one justice impeached in the entire history of the country. very few have even gotten to this point, one actually president ford moved to impeach a justice but what she has gone off on is a failure to recuse. as we know, that's something that they arrogate to themselves, one of the many things, so the standard to call it a high crime and misdemeanor is really a very tough showing because they just apply their own rules. i think it's more about upping the ante, keeping the focus on them in general. this is a term in which the supreme court really, among many other things they did,

really we can congress as a brand. i think it is in that context rather than a bona fide legal effort to make alito and thomas the first justices ever to be impeached that this motion resides. >> look, let's dig into this a little further. aoc cites more than 1 1/2 million dollars in goods, cash equivalents and services from billionaire benefactor harlan crow that thomas failed to disclose over the years. democratic senators are taking a different approach, they are asking the attorney general to launch a criminal investigation. he worked at the highest levels of the doj. do you see a world in which merrick garland appoints a special counsel to investigate a supreme court justice? >> no, not this world and these allegations. they are ethical and it's a really lamentable situation. if they are the henhouse they are the keepers of their own standards on impeachment. that is outrageous and

attempting to change that ought to be a congressional priority. it might run right into the brick wall of the court saying we have final word, but that rather than an actual special counsel i think is the hopeful route even though white house and ron wyden have done this in a way that puts attention on an outrageous situation, not just the millions of dollars but the failure to disclose. we have never seen anything quite like the whole lifetime that thomas has enjoyed because of one highly conservative benefactor. >> justice thomas, he's more or less given ammunition to judge eileen cannon and his concurrence on trump's immunity willing to casting a shadow of a doubt on the legitimacy of special counsel jack smith's appointment. trump's lawyers used it in their latest filings. jack smith responded late friday asking cannon to not rely on

that. how do you expect judge cannon to proceed? >> you never know with judge cannon. it's the equivalent of a conference call but through the federal reports. here's what thomas wrote, he said i totally agree with roberts, i totally agree with my colleagues. i write separately to highlight another way in which it may violate our constitutional structure. really? he write separately just to talk a little bit about what, the very motion in front of judge cannon? what judge cannon take the hint and apply it to the very motion in front of her? you bet she would. it really has this unseemly communication across the wires through the u.s. reports. why this sole concurrent saying i just want to highlight a few things that are not really at issue here now that we have cited it this way is one of the

many -- it is a growing stench and permeates now, different aspects of american political and legal life. >> deep sigh is my reaction. thank you so much. you've heard it mentioned over and over, but what is it all about and why is the former president distancing himself from it? what you need to know about project 2025 in a few minutes. and you realize you're in love... steve? with a laundry detergent. (♪♪) gain flings. seriously good scent. (♪♪) (♪♪) sandals rhythm and blues caribbean sale is now on. visit sandals.com or call 1-800-sandals.

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