that doesn't for me today. a quick reminder to grab your tickets to see me and my colleagues at msn live democracy 2024, in brooklyn, new york on saturday, september 7. we will have a lot to talk about and we hope to see you there. we will be back here tomorrow night when we might have a running mate. for now, there is more coming up. democrats got it together remi and. now how long can they keep it.

plus, how long can the former president scoff off the women that is calling his bluff. the president has a plan to keep the supreme court in line. congresswoman stansbury tonight on how to implement it. let's do it. believe it or not it has only been one month since president biden's debate performance and the democratic party spiraling into a panic. today is just two weeks since he decided to drop out of the race. party members admitted feeling relief for the first time in months. some expressed a sense not just of purpose but organization

which led to optimism that the campaign against donald trump is not actually lost. kamala harris took the baton and started sprinting. her campaign already raised $310 million. fueled by small dollar donations. that is more than double the amount of donald trump's campaign and allies brought in during the entire month of july. with harris at the top of the democratic presidential ticket, we are seeing a new wave of energy among democrats, political organizers, celebrities and regular people. according to national polling data, harris is leading trump by 1.6%. the vice president is not just a fresh face but ringing fresh and effective messaging. >> it is true. these guys are just weird.

they are running for the he-man women haters club. >> we are using a fake living room to talk to you about a super weird idea from jd vance. >> donald trump has been resorting to wildlife about my record and some of what he and his running mate are saying is just plain weird. >> if you need ivf, they have been strict that -- >> he goes weird on everybody. the things that he says, these are bizarre. >> it used to be when democrats a big hello hi, now they just call them weird. republicans, especially donald trump have been knocked off balance by that. many credit governor walls of minnesota, it traces back to 2018.

it was none other than vice president harris. battle for the soul inside the campaign. harris gathered to decide if she should run for the democratic nomination. when asked how she would react if trump hovered over her like he did with hillary clinton, harris said i would turn around and say why are you being so weird, what is wrong with you? here is vice president harris six years later hoping voters agree her opponent and trump is him is plain weird. joining me now, and haynes and tim miller, political analyst and writer at large. tim, right off the top, mark kelly, we have been following

this. he deleted the post that ended with my mission is serving arizonans. soon after he posted, whether it was from my time in the navy and massive, serving the senate or visiting our troops overseas, i have learned when your country asks you to serve, you always answer the call. we talked about this at the top of the show. should we read into this or is this a poor social media staffer that forgot to un- schedule a tweet payment >> i have so much sympathy for the staffer. we have all been there. i'm going to rehash a lot of trauma. i certainly have made some mistakes. it happens. i wouldn't really read into it. there were a bunch of interviews this weekend. i think we know who the final group is.

largely it is a group with different strengths than others. whoever she chooses will be able to reinforce her message, both being able to make fun of donald trump and jd vance as weird but more importantly, the real message that i have seen from what president biden was doing is focusing more about a forward-looking message about protecting freedom and not going back to the fights of the past. that has been a lot of what is effective over the first two weeks. >> i totally agree. she has managed and is the future candidate and he is -- i am wondering to the degree that the vice presidential pick can fit, is there a candidate who you look at and say yes, that

accentuates that message of generational change. this is the future. >> we are sitting here trying to -- from tweets and campaign schedules. what they are doing or not doing. we don't know. what we do know, the sitting vice president is very well poised to decide the criteria she needs. you are seeing all of these short list. in my column i said a two woman ticket might be the answer to the all-male ticket. and trump and jd vance has not had the best rollout. they have been using this weird label for trump and vance and it is sticking.

this is leaving them scrambling for anything. a nick name, a gimmick or a device that they can use. any of the people that vice president harris picks, they seem to be rehearsing their lines of attack as well and at least at this point, they have all been more successful at landing that label that seems to stick much better than trump and vance are at harris and her yet to be named vice presidential pick. >> this gets into what you were talking about, what you don't want to do is you don't want to do harm and you don't want to zap some of the enthusiasm that vice president harris has currently. i do want to talk about this quote. not everybody thinks this will last. david axelrod served as the chief strategist to barack

obama's campaign. he called it a rational exuberance. is he right? is it a sugar high? biden is no longer the candidate or is this real and can see bottle it up even more with a vp pick? >> it can be real in politics. it was writerly on about some of the risk and having them running. he has won more than me. in this case maybe he is making a good caution to make sure they are beefing up the message and not just running on a sugar high. if you look at 2008, obama, there was a lot of meat but there was a rational exuberance. donald trump had a lot of

irrational exuberance for people that showed up. irrational exuberance is a good thing, not a problem. >> why does exuberance have to be a rational? people are excited about the campaign. it is off to the races. the momentum could continue into week 3. also excitement and exuberance is translating into action. you already saw what happened last week with groups hopping on a zoom call and donating money. not just the money but signing up to volunteer. you had 1.3 million voters signed up including 750,000 new voters. 200,000 volunteers signed up to campus. that excitement, if they can translate that into action over 13 weeks, this is a very

competitive race. her nomination is already all but secured heading into chicago for the convention. the exuberance is probably pretty likely to continue at least for the foreseeable future. this is a compressed time schedule. i can tell you, the exuberance irrational or not was in the building. >> there are 310 million reasons. i actually want to go back to the term weird. i am getting tired. it is what it is. >> take a listen to what jd vance said last night. >> remember, barack obama said we cling to god and guns.

hillary clinton called us deplorable's. now kamala harris says we are weird. >> it's like he wants to draw attention to it. beyond that, the way he is parlaying, the focus on culture wars, do you think that reemphasizes what harris and others are talking about? these people are obsessed with cultural issues? >> it totally reemphasizes that. when you amplify and repeat the word, when you are explaining you are losing. continuing to pull up jd vance's comments, whether it is about childless cat ladies or what he had to say about simone biles pulling out of tokyo olympics is a sign of weakness when so many people saw it as a sign of strength. these things are not really doing much to get people away

from this weird label. then you have the former president who is saying i am not the one that is weird she is the one that is weird. i know you are but what am i is not a good political strategy. although it may work on tim when i said sometimes. >> hold on, wait wait, i am kicking it to you but i wanted to pick on you a little bit too. you are for better or worse, kind of an expert on working for candidates when bad perceptions take hold. i want to know, if you were working for vance, what would you advise him to do about this idea that has really taken root? >> that is a bad place to go on a sunday night. how i would advise jd vance. he said hillary clinton called

us deplorable. not really. he was for mcmullen and that race. she wasn't talking about jd vance. he hated trump. if i was talking to jd, i would say stick to the issues. let trump be the trash talker. you should focus on working class issues. i'm happy to give this advice because i know he is not going to take it. just trying to burnish your credentials to someone that really cares about voters, that would be my advice. >> lady her strength basically. stick around we will have you back. debate dodging. how many excuses can trump use until he is shamed into debating the vice president. win -- --

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in march donald trump said he would debate joe biden, anytime, anywhere and anyplace. now, according to vice president harris had it's become one specific time and one specific safe space. on friday he said he would no longer participate in the scheduled debate on abc, instead proposing a different date for a debate on fox. hours ago he warned about a

hypothetical reality where harris loses the debate posting on his failed social media platform, what happens when she loses the debate and goes down. will they replace her with another candidate, unprecedented disaster for the usa. a real threat to democracy. my panel is back with me. erin it is tough to get in the mindset . trump is saying harris could lose or would lose and he is not sticking to the schedule. democracy would be imperiled. he has cold feet. >> what will happen? let's find out? trump seems to be time to get back on offense. i am not sure. now refusing to participate in telling her he is only going to debate on september 4. to your point, anytime and anyplace a

few months ago, what has changed. vice president harris said she will still be there, whether he shows up or not. are we going to see an empty podium? i don't know. >> he is not just asking for the debate to move to fox, he wants a full arena audience which he thinks would be better. that is going back on the rules he agreed to. what do you take from these maneuvers? is he trying to debate or lay the predicate to blame on kamala harris for saying no. >> it is a good question. i do want to announce tonight that i agreed to -- at the location of my choosing.

i am very excited about it. i look forward to the big audience. >> i think he is going to debate her and i think this is just posturing. how can a man whose final night of his convention who had hulk hogan on stage and the theme was we are the macho man then duck a debate. against a woman vice presidential candidate. it seems like he is cowering and he is a huge chicken. he can rationalize however he wants. he is going to have to figure out a way to debate. it is a way to get more favorable turf. probably lands on the cbs offer. of course she wants to debate him. >> we got breaking news, --

responded and said it is a total line you made it up. erin i have a question about what you would do and harris's shoes . you could go to the empty podium and get interviewed. and or in theory you could say i will see you on fox news at the time and place of your choosing. why not call his bluff? >> one thing he has been trying to do is point to trump as someone that does not follow the rules and doesn't think the rules apply. by sticking to the agreed-upon terms, maybe that is one more example of how he is skirting the rules and saying i know what i agreed to but i don't want to do that anymore. now we should just do what i

want to do. thinking about what the vice president might do or what she should do, i want to point to a story about one of her key messages, talking about how it is an election about a prosecutor versus a criminal. his criminality has been an issue in the campaign. it is fair game. that is facing criticism and it's the tactic that is dehumanizing. i am going to be listening to see if they end up debating and if she changes her pitch in terms of language were not necessarily substance but the language in the weeks ahead. including those that can be re- enfranchise. >> i would encourage people to read that piece. it is an interesting point.

not just how she -- but how she keeps her voters engaged. i wanted to ask about the bait specifically in trump specifically. what we saw this past week was a wild event where he took the stage and was refusing to go on because he did not want to be backed checked live. tim, do you think he is just in this place where he can't go to these events and get pushed back ? he needs to be in these areas are with these journalists where he can just riff. will his ego get in the way? will he be able to sad don't need to debate kamala harris i can go without or will he have to say, i can't the person that just skirted the debate.

>> i do think he is going to have to. it was very revealing. he came out on stage and looked like a grumpy and petulant liar that couldn't defend his own actions and his own words. he has built this house of cards of life, particularly around election fraud and other issues. is easy to keep that right side of. only interviews with maga or only on fox but when you have an actual top journalist challenging you, it comes crumbling down. i would think it is a challenge to find rules that work. that is probably why he is re- posturing. i would say to the harris campaign, if camel can the

prosecutor can be -- kamala harris the prosecutor can be the fact checker. if donald trump is up for it, she will be able to knock him out. >> every other presidential debate, he participated. i actually want to talk about it because trump made clear he was going to bring race right into the center of the conversation saying kamala harris is only recently decided to become black. it's a response to that attack. >> we also have to point out that he does not want to be fact check on that day challenge. >> all i said was i fact check it. i said i agree to the date.

>> back on the rails, what did you think of the response to that? >> first of all, let's be clear, kamala harris has been black for a long time and donald trump has said racist things for a long time. more than it is about her black list. her eluding to it or pointing to it as weird, who would have thought that weird would be an even worse term? here we are. she is not really engaging in that. her response is that the american people deserve better. just really trying to stay focused on the american people

and saying once again, the former president is not focused on them but focused on other things that don't matter. this was a pleasure. still to come, trumps legal woes. what just went down in his federal election interference case. ference case. health. ensure max protein has a 30 gram blend of high quality protein to feed muscles for up to seven hours. so take the challenge. ensure, nutrition for strength and energy. always dry scoop before you run. listen to me, the hot dog diet got me shredded. it's time we listen to science. one a day is formulated with key nutrients to support whole body health. one a day. science that matters.

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saying he presented no evidence of a likelihood of vindictiveness adding that he repeatedly mischaracterize the allegations. chutkan set an august 9 deadline and an august 16 hearing for pretrial proceedings. with me now to discuss this is our msnbc legal analyst and criminal defense attorney. danny, thank you for coming. let's start with your take on chutkan's opinion. moreover what tone she is trying to set. >> this is not a motion based on immunity issues, it is selective prosecution. it is the argument of why are you picking on me, look at that guy who is committing crimes. i have tried this and i am not aware that it has ever worked.

all prosecution, particularly federal, is selective. the government has limited resources. they have to choose who to prosecute. to i think they usually pick by watching tv and seeing who is jumping out at them or who is a hot topic? yes. the bottom line, almost all federal prosecution is selective. this motion, even though he might've had a decent argument in the world of selective prosecution, it wasn't likely to succeed and it doesn't have that much to do with the immunity issue which is totally separate. >> that is the big issue. the supreme court ruled former presidents are entitled to presumptive immunity for all official acts. in this particular case, the question is what does judge chutkan have to parse through? >> whatever it is she has to

do, it is just as complicated. what kinds of hearings will she hold? another part of the holding, one that people are not talking about is almost as important. the chief justice said in the community opinion, not only are certain things immune, some things you can even use as evidence. how will that work? can the judge here it before it comes in? she has to rule on whether or not it comes in. to give you an example, discussing the senior members of the doj, a scheme to overturn the election. that may not come in at all because it is part of the core presidential power and cannot be used as evidence. this is a thorny task for judge chutkan. the bottom line, it almost doesn't matter what the conclusion is. if he doesn't

like it he is going to appeal and almost certainly will end up back at the supreme court who basically threw out a boomerang that will come back to them if the case still exists which if donald trump is elected, the case goes pouf. >> how thin of an issue? can make appeal a specific request for specific evidence saying no, that is an official act, we need to appeal batting kick that up? if so, can we be stuck in a situation where literally every piece of evidence introduced has to have its own almost appeal trial? >> yes. there is a potential for many trials within many trials. if trump or any president decided or tweeted i am selling pardons for cash, then in theory, the part about the partner the exchange of the bribe really -- bribery, would

be excluded and you be left with a bag of cash. the bottom line, nobody knows. nobody knows exactly how this will play out. it is a brand-new frontier. we never had this before. that was yesterday which was saturday. in august, in the summer, and he lawyer the same it was a judge working in chambers. never heard of it. the question is, can the business get done. what is the sense of the timeline. what is it we will learn in the coming weeks. >> it isn't likely any of this will be resolved before the

election or the inauguration which is the magic date. it is simply either dismissed by an appointed attorney general or trump tries to pardon himself. the timelines will be tricky. benefit gets appealed to the circuit, how long will that take? that is up to the appeals court. then what part of it still remains. it may all go away. it is not likely we will have a piecemeal case. both sides going to the circuit. that is if the case even last that long. we appreciated on this sunday night. is realists bracing for attacks. there is a report from lebanon.

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this is more than 10 months into the war and is stoking fears of a wider regional conflict. matt bradley has this roof work from beirut. >> reporter: the entire region is waiting for the other shoe to drop. we don't know when or how it will be in iran decides they will retaliate if there is a growing certainty that iran and its proxies will indeed retaliate against the israelis. now, everyone seems to have their own open account with the israelis. has bella suffered their own assassination at the hand of the israelis a couple of days ago. they denied it but the iranians accused him of that in a most everyone is certainly israelis were behind the assassination. now we are seeing what looks like all of the different parts of the axis of resistance led by iran, coming in form, about

ready to perhaps participate in what could be a coordinated response. that would be deeply destabilizing and dangerous. over 10 months, we've seen all of the members firing against israelis, sometimes all at once. now we could see all of their fingers combined into a fist to attack israel together and that of course would be very dangerous. so far, all of these groups have tried to step away from the ledge. it is unclear if they will do that now. back in april, there was an unprecedented back and forth between iranians and israelis. it didn't break out into a war because they seemed determined to suited each other, they were also determined not to escalate. the iranian seem to alert allies and adversaries together what they were going to do and when.

the united states and israel had time to put together a coalition of arab countries and other allies to prevent a wider war from breaking out in shootdown some of those missiles. one analyst called that affair, a dance fight. this is not going to be dancing. everyone assumes this will be a blistering attack and one that could invite another retaliation from israelis and that could be the beginning of a dangerous escalation. >> thank you very much. next, melanie stansbury on how to implement the plan to keep the supreme court and check. yo. (kevin) now our businesses get fast and reliable internet from the same network that powers our phones. (aaron) so whatever's next... we're cooking with fire. (vo) switch to the partner businesses rely on.

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try charmin ultra soft smooth tear. voted #1 product of the year. president biden opposed supreme court reforms throughout his career, until roe v wade was overturned ignoring 50 years of precedent and samuel alito and clarence thomas became embroiled in several scandals. the court gave presidents almost unlimited immunity from criminal prosecution. now a lame-duck president preparing to leave, biden is calling for a three-pronged approach to fixing the court. first, he proposed a no one is

above the law amendment that would quote, make clear there is no immunity for crimes a former president committed while in office. second, he argues for 18 year term limits. third, he is calling on congress to pass a binding code of conduct. joining me now is melanie stansbury of new mexico. congresswoman, thank you so much. let's start with your response to these reforms. you along with a lot of democratic lawmakers introduced legislation to investigate allegations of misconduct. what you make of the fact that biden is seemingly in your corner and now the totality of these approaches? >> thank you so much for having me on. we have never seen a supreme court like right now. there have been courts in the

past that have been activist but we have never seen one that is so wholesale trying to rewrite the constitution and checks and balances of the government and reframe the founding fathers and to undermine our fundamental american rights and joe biden's package which i think it's important to note, on the anniversary of the voting rights act is critical to make sure we rein in this court. as president biden said, this is not normal. the way they are behaving and the gifts they are taking in the conflicts of interest in the way they upended every basic right of americans from access to the ballot box to abortion and the right to make decisions about your body to clean air and clean water and the right to be safe and even criminalizing homelessness. we have never seen a court like

this before. i strongly support the proposed package. we must do everything we can to get it across the finish line. we are going to have to make sure we flip the house, hold the senate and win the presidential race. >> let me backtrack, in 2020, there was talk about supreme court reform and adding new justice seats. joe biden was reluctant. when he took office he created the commission which is a classic move to more or less kick the can. at the time, democrats had the house in the senate. was it a missed opportunity? >> i think it was in some ways. we didn't realize that when donald trump told us he planned to ban abortion he planned to do it. the three justices he appointed, along with these

corrupt and captured justices alito and thomas had shown who they are. many americans were still in denial and the ways in which it would undermine democracy in institutions and our rights across the board and redefine democracy with this decision three weeks ago in which they said the president has unfettered power teeing up a donald trump presidency that would have unchecked power. i think many felt that at the time, it wasn't as urgent as it feels now as we have seen the court show who we are. >> let's talk about the no one is above the law amendment. that will be opposed by republicans that look at it as

retaliatory. term limits, that would run right up against the constitution and probably have legal hurdles to clear. then there is code of conduct. of the three, about one seems like the most logical and easiest to pass. is that how you read this landscape? >> they are all equally necessary. in some ways, a constitutional amendment is most urgent. what is most likely to pass is none of them because it is important to understand that right now, the house is controlled by the gop and the speaker was one of the architects of the stop the steel campaign. his desire to bring legislation that would reform the court is

zero. that is why this upcoming election is so essential. that is why i am leading a bill to have a code of conduct just like every other judge has and enforceable body and provide that oversight is really essential. that is a bill that i'm leaving. i am cosponsoring eight other bills with other leaders on judicial reform including folks like johnson and raskin. it is not just one reform that is necessary, the institution rotted to its core and became captured by these special interests, good owners and organizations that are bringing activist cases in front of the court which is literally trying to rewrite the constitution. it is all of the above not one

or the other. >> this is all taking place in the context of the campaign. kamala harris is meeting with a number of potential running mates at her residence. do you have someone on that list that you think she should pick or who you favor? >> there is a lot of democratic talent. i think all of the finalists that she is interviewing and talking to are extremely talented. fair battle ground tested and there are numerous veterans and a former astronaut. and these are best of the best. whomever she chooses will be a fantastic running mate. >> we tried to get you on that. i appreciate you deflecting that. thank you very much.

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