>> a grim milestone, more than a quarter million dollars per taxpayer. tax cuts, stimulus programs, pandemic unemployment all to blame. any fair person would agree that is unsustainable. the republican mission to lower the number makes some sense. the problem is, the method of drawing attention to it is about to shut the government down and negatively impact americans who don't have time or money for the poison of politics today. good evening. i'm abby phillips. in 24 hours the clock will run out. headliners are demanding drastic

cuts to spending. they don't want to spend a dime on ukraine, they want to spend it on the work, instead. if there was a shutdown, while all this plays out, it's a reminder of real life consequences, your flights would be delayed, thousands of airport workers are without pay. border agents won't get paid either. the united states is left vulnerable. if pentagon workers are furloughed, small businesses will get new loans. food inspections won't happen. museums, national parks, forests will close, student loans will be disrupted, and so will the money for school districts. kids who had access to programs disrupted, it all happened at

links. issues from the environment to cancer will be paused. we will speak to someone who is in the commit overrun capital hill. congressman, thank you for being here. we are 24 hours away from the shutdown. what is the path out of this to avoid a shutdown? what are you hearing from leadership about what we might see in the next 24 hours?>> let me comment on some of the items you talked about, shutdowns, medicare, medicaid does not stop. post offices do not stop. military is paid on the 30th. we continue to try to talk about coming our way to prosperity.

$33 trillion has been under cut and republican alike, it's killing the middle-class.>> the issue is the timing. i think you would agree. we are at the brink here. my understanding is that some of these were laid out in the conference meeting this afternoon, by the speaker. some are things the reporters are picking up. would you be in favor of a clean senate bill that does not fund ukraine?>> i would not be responsible to make a decision.>> would you vote for it? >> i would not vote for it. that pushed the timescale automatically.

>> there was a deal made, there was a deal made. let's put this aside for a second. what about a continuing resolution that is a short term bill that would fund the government through november 17? include disaster aid, but no it for the border.>> i'm open to listening to some negotiations.>> what about a two week puzzle that just literally gives you more time to do what you are asking for, just to come up with a more robust plan for government spending?>> we have appropriation bills that just pass off the floor. that funds 70% of our

government. they are not doing our job. >> the issue is time. there is just not time. your conference spent a lot of time trying to get these bills through. some have been successful, some have not. it is not as if you all have been hammering them out, you have been struggling on this. why not just have a little bit more time to hammer out some of the details that you want to hammer out? it is not something you can snap your fingers and do overnight.>> i'm a brand-new freshman to congress. congress is very unique. you can do three months worth of work in three days. we have proven over 72 hours that we are able to pass multiple bills with only two more remaining in rules that need to come out.

look at the military as an example. the next paycheck comes up on the 15th. within that timeframe you should have enough. even if not, we passed a bill, we passed the state. the military, the veterans, they can get back to work.>> can response to what dan crenshaw said today? take a listen.>> it shows people when you don't play as a team and you don't make your demands clear ahead of time, like we wanted to do with the border, you are just going to lose, they made us lose, it's like they wanted us to lose.>> he is essentially saying at the end of the day, this effort that you and your colleagues are making will results in a more liberal bill at the end of the day.>> i respect my colleagues. we pass a border policy bill, secure the border, the senate has refused to take that bill

up. i look at the facts here. we have passed the last six months of bills, the secure the border act, the bill of rights, hr 21 to stop the president from limiting petroleum reserves. the president said he would not get to include the bill he threatens to veto. we've done more in the house than the senate has been willing to do. they've been trying to jam us.>> both chambers have to work together. i want to remind the audience, you are a veteran. i want to play this for you. this is from the departing chairman speaking today. let's listen. >> we don't take an oath for country, we don't take an oath to a tribe or religion, to a king or queen, to a tyrant or dictator, we don't take a oath

to wannabe dictators. >> some of those were taken as a swipe at trump.>> i didn't take that as a direct swipe. we serve our nation, we serve to protect and defend the united states. we don't serve political agendas. one of the things i looked at is to bring back meritocracy and stop wondering down recruitment strategies. men and women in uniform, they need to be serving our nation, not a political agenda.>> did trump cross the line with that attack? >> i don't speak on behalf of the president. >> as a former military service number? >> i don't take offense to it.

>> when trump said he should be executed you didn't take offense to that? >> you are talking about the same guy who said that we should be reading more on the white race then we should on military defense. they continue to have back and forth. i hate that democrats make comments, we don't need any of this back and forth. dangerous rhetoric by anyone in office or out of office. >> how is it dangerous rhetoric for mark to make a statement that maybe you disagree with, but it's about policy? trump thinks he should have been executed. that's not the same thing. so what has he said about trump that has suggested that trump should be executed for anything even close to that?>> it's about the president saying if i would have known the president was going to go across the street i would have walked

beside him. you are making these comments. >> how is that close?>> i'm not trying to make a 141 extension. a lot of them have taken shots at each other for personal reasons, the same thing we see in the conference or in-house as well. all it does is so division. our job is to be able to bring the nation together.>> congressman, with all due respect, mark is making statements that you disagree with. him even saying i shouldn't have done something that i did, it's not the same thing as trump saying the chairman of the joint chiefs of staff, top military officers in this country, can't you just say it is across the line?>> i think it is.>> i don't know why that's hard to say.>> i don't know the full context. my whole thing is i don't think

you should wish violence on anyone for any reason, that's my stance on everything. i have to look at the context. the bottom line is i think you are seeing where everyone is frustrated and furious about what is happening, anyone is unhappy about cost of living and what's going on across the country. it is selling frustration and division. it's something to address.>> i hope that you go and read what the former president said.>> i haven't, actually. >> there is a difference between disagreement and threats, that's what this is really about at the end of the day.>> a lot of democratic threats as well, they said we should protest and get in their face and we should write in the streets. i condemn any threat or violence. >> that should be an easy call, i agree with you on that one, congressman, thank you very much. and we do have some breaking news tonight. jack smith is now axing the judge in donald trump's election interference case to

impose a limited gag order on the former president. the prosecutors are us citing a post that publicly attacked millie, a witness in the case. on camera, trump did the same thing tonight.>> what he did is really treasonous. look at what he said to china. he's either stupid, or it's treason, what he said to china should never be allowed in our country. gen. millie, he's a lazy guy. billions and billions and billions of dollars to the tele band, gen. millie is a lazy guy who is not very smart.>> let's discuss this with mark, a defensive counsel for the house committee. marcus, you are seeing the special counsel moving very quickly to take some of this stuff and use it as evidence to push the judge for a limited gag order. how successful do you think

they will end up being? >> the special counsel is trying to stop what happened. the former president was making comments about mike pence at the time. now you see the special counsel taking recent statements from the former president and putting it in his reply brief. no, we don't want to see people coming to the courthouse, threatening witnesses.>> by the way, mark millie is a witness. this is incredibly pertinent. so that's one of the more effective parts, the special counsel to the statements that have been made since the last motion a couple weeks ago, about current witnesses. instead, the court has a chance to stop harm from happening or bias the jury pool. these witnesses will be called during the trial. >> one of the witnesses, one of the defendants, scott hall took a plea deal, and he is cooperating with witnesses. he is a critical figure in a

lot of this. he helped someone like sidney powell get access to those water machines. the prosecutors alleged that he held a lengthy phone call with another of the defendants in this case, what do you think is a significant part of all of this? does it suggest that early on in this process we could see more?>> we can all wait and see who is going to cooperate. someone's going to do it. we are seeing this start to happen. this indictment was filed six weeks ago. within six weeks, we now have an individual who is cooperating. his charges were reduced to a misdemeanor. he's going to be cooperating. that looks good. let's take a step back.>> how much cooperation do they think they can get from him?>> you

can look at it that way, it's also how these prosecutions go. someone was going to cooperate, help me on in the investigation, you are getting better terms, you want people to come back and testify against others. what makes it special about scott hall, the rico enterprise, someone is at the top, someone's at the bottom, giving orders. i put him at the bottom, taking orders, i think you have to be a little scared and forget the top of that chain as he moved toward trial.>> things are moving moving very quickly. marcus, thank you again for joining us. to parts of new york city are underwater. the mayor is facing big-time criticism. one of the rumored candidates to fill dianne feinstein seat, and 27 years later, an arrest in the unsolved murder. we will discuss, next.

tonight, parts of new york city are underwater. torrential rain unleashed historic floods in the city. streets, subway stations, schools, even the airports all flooded. a full month worth of rain fell in brooklyn in just three hours today. tonight, the mayor is pushing

back on criticism that he didn't do enough to prepare for this ferocious storm.>> i put out clear orders to all the men and women of my team. i have to run the city, i communicated to new york, we have something called nyc notifications that we sent out that went out early yesterday as well. and in the news media, you had to be living under a rock if you didn't notice someone was coming, the news media did an amazing job using social media. you see the results.>> joining me now is jessica ramos, democratic member of the state senate. mayor adams, strongly defending his response to the weather. what's your take?>> it has been a really tough day for new york, to be honest. it has been really reminiscent

of our experiences with a hurricane two years ago. that's why we feel so frustrated, it doesn't seem like plans were put in place to properly repair new yorkers for what took place today, for the rainfall that we are expecting tonight and tomorrow. much more offense is fighting on a change. there is money on the table from the inflation reduction act. it's really what we need here in new york, in order to accommodate a growing population. unfortunately the system is just too old .

>> we didn't funeral like we were faring well in hurricane ida. we are assessing millions of dollars in damage, they've lost it a few months ahead of winter.

>> are you considering running against him? do you think he is not up to the job?>> i am committed to making sure we have a mayor that is going to take the public safety of new york seriously. me, or someone else. for me, the priority is really getting new york out of this war against climate change that we are not taking seriously enough to keep everyone safe.>> jessica, thank you very much for joining us.>> thank you.>> as the nation mourns dianne

feinstein, a possible replacement could be up for filling her seat, and she joins me. plus, rfk junior is teasing an announcement amid speculation he will make an independent run for the presidency. what it may mean for the 2024 race, that's ahead.

president biden is ordering flags to be flown at half staff in numbers of dianne feinstein of california. she died last night, at the age of 90. she worked until the very last minute, casting a vote in the chamber where she served for more than 30 years. she was a trailblazer, a fixture in california politics and in washington for decades. here is just one moment from the senate floor back in 1993 that sums her up.>> the lady from california needs to become a little more familiar with firearms and their deadly characteristics. i say that because>> a personal privilege, for a moment. i am quite familiar with firearms, i became mayor as a product of assassination. i found and assassinated colleague. i proposed gun-control legislation in san francisco. i went to a recall on the basis

of it. i was trained in the shooting of a firearm when i had terrorist attacks, with a bomb at my house, when my husband was dying, when i had windows shot out, sen., i know something about what firearms can do.>> tough as nails. now the governor has to appoint a lawmaker to serve the rest of her term. my next guest is rumored to be on that short list. the san francisco mayor is joining me now, mayor, thank you very much for joining me tonight.>> of course. >> i want to start by asking you about your relationship with sen. dianne feinstein. as mayor of san francisco, you are the second female mayor of that city, and she was the first. what was that relationship like? she called you early on to offer her support.>> sadly i became the second woman mayor because of the tragedy as well.

we lost the mayor, ed lee, who died in office. i was president of the board of supervisors just like she was, and one of the first calls i received, when word got out that the mayor had passed, it was from sen. dianne feinstein offering words of word and courage meant, really taking me through those moments when she took on the same role during the tragedy, to stay the course, stay focused, to lead the city, to make sure that i am doing everything i can to give people comfort in a time of tragedy.>> this is an important moment for the state of california as well, as we mentioned a little earlier, your name has been floated as a replacement. is that a job that you would be willing and ready to take on if the government asked?>> right now i am the mayor of san francisco. i am running to be mayor of san francisco for next year.

i want to continue to be mayor of san francisco.>> that's not a no. i want to ask you more broadly, this is a very important issue, especially for african americans in the state of california, where they used to have a black senator. the governor wants to appoint a caretaker. do you think that it is fair to appoint a black woman only as a caretaker in this role? it's something that people like congresswoman lee have taken offense to.>> i hope whoever he appoints, i know the governor made a commitment to appoint an african american woman to serve in that role. my hope is that person decides to run for office. i don't support the idea of a caretaker. i do think that we need someone in the role who understands

what it means to be courageous, similar to dianne feinstein. barbara lee is an extraordinary congresswoman. she knows what it means to be courageous. i am a big supporter of hers. my hope is to see her in that seat. mentioned courage. you just mentioned it a second ago. in the last couple days you've talked about requiring drug testing for welfare recipients in your city, as san francisco battles an epidemic and is battling some serious crime issues. do you think the democratic party has been lenient on this issue of crime? are you trying to show some courage hereby pushing back on what some might say is the right approach to dealing with these issues?>> many of the decisions that i make as the mayor are not really about my party. they are more about personal experience and desire to see my

city safe. some people know that unfortunately i lost a sister to a drug overdose. i grew up in a crack epidemic in public housing. drug use and addiction was all around me. losing friends and loved ones to drugs and to the criminal justice system was a normal part of life. part of my recommendation is really coming from people who were incarcerated who continue to call themselves former addicts from the work that they are doing and the challenges that they experience in life and in the past, and the need for us as a city, i can only speak to symphysis go and my relationship there, but as a city we have been far too lenient, we need to make sure people were held accountable, to be clear, my goal in this is to require not sobriety, it is

to require that you are part of a treatment program, which we can do under california state law. whatever we have available to us, we need to use it. fentanyl, what it's doing in terms of the number of deaths, we had more deaths from overdoses then we did during the covered pandemic, and we shut the entire world down to deal with that, and his fentanyl crisis is not just happening in san francisco, it's happening all over the country. we have to take really aggressive steps. it's not a democratic issue, it's not a republican issue, it's the desire to do everything we can to try and address substance use disorder in the city and in this country.>> target has decided to close a number of stores in the city of san francisco. what is your reaction to that?>> i would just say that i understand that there is a challenge with what is hap doing around retail and retail

theft, not just in california, but all over the country, and especially a lot of major cities. unfortunately, the highlight of this happens to be mostly with san francisco. things are changing. san francisco is still an amazing city, a beautiful city, a place that people visit from all over the world, but also it is a changing city, people don't necessarily shop in the same ways that they did before. we have a lot of companies here, where the artificial intelligence capital of the world, we are starting to see the industry grow significantly, how people shop, how people move around the city and drive, autonomous vehicles, you name it, it's happening in san francisco. it requires some significant adjustments in how we use retail establishments as well. i think retail theft is a problem that we need to address. it is a problem that is also happening in other places all over the country as well.

so there could be other factors as well, mayor. it's good to talk to you on this day, my condolences to all those who are close to the sen., thank you. sue thank you very much. stay with me now to break down all of that is the executive director of demand justice and the former press secretary for hillary clinton's presidential campaign. the former senior adviser to resident biden is also with us. what do you make of what you just heard? she didn't knock it down, but she did say she supports barbara lee.>> this is a very spirited contest for the senate seat. governor gavin newsom is in a tricky situation, he has said that he is not going to pick anybody that is running. that makes people like the mayor a contender. there's a lot of pressure on

him. you look at what has happened in the past traditionally, with an active race or candidates putting their names out for a seat that's coming up, then an incumbent, the senator died. you usually see a placeholder put in.>> he didn't do this the last time, this is what is getting people upset, especially black women in california.>> absolutely, i understand the sentiment, not wanting to get in the middle of that race, it seems as though a black woman has not been in a position to lead, and that is unfair, there are tons of black women in california that are extremely qualified for this position, to take them out of the current position they may be in and to put in conditions that they cannot run again, it's very problematic when we see what black women have done for the democratic party. this deficit in the senate. it is frustrating as a black

woman political strategist.>> do you agree? he has boxed himself in here.>> it's a tough spot. i don't envy you. he would probably be getting more below back if he picked one of these three candidates right now. it's not enviable.>> he understands he's got to do this really quickly.>> rfk junior is expected to announce october 9 that he is going to go into the presidential race as an independent, not a democrat, and run against joe biden. does it help, does it hurt? some have suggested that this could hurt trump. this is a sign of weakness that rfk is having to resort to this. he was running against joe biden at the democratic primary, he had the and if it of the doubt as a result of the kennedy name. at the beginning he first got in, pulling as high as 20%. his numbers has nosedived.

he spouts conspiracy theories. he made anti-semitic comments a couple months back. now he is in a place of irrelevance. this is a desperate bid to make himself relevant again. the last point i saw showed that he was more popular with republican voters, he is underwater with credit voters. you could make an argument that he could pull more votes.>> last night we spoke to dr. darnell west, who is also running against biden. how worried should the white house be about these third party it's, these challengers in the primary, anything that could throw a curveball into the race?>> third party candidates are not helpful for democrats, to be honest. the reality is there are a lot of people who are frustrated with politics as usual, i understand wanting a multiparty system, we are literally not there. my frustration was with cornell

west. if you want to make biden better, running against him is not the way to do it, there are ways to push and to challenge him, and to ensure that the policies he's going to enact in his second term are more inclusive, but this is actually handing over an election to someone who has 91 charges against him. the other piece, a friend of mine was telling me there was some focus group around black men, 25% are supporting trump. the biden campaign is paying attention to all of this. they are paying attention, and we will see how it goes.>> thank you both for coming in on a friday night, we hope you have a great kent. coming up ahead of us, the moment from the impeachment that overshadowed all the talking points that republicans wanted to make. watch this.>> we start talking about things that look like evidence.

they want to act like they don't know what this is. this is what it looks like, national secrets.>> that was congresswoman jasmine crockett, she joins me on her by rule review. plus, an arrest three decades after the killing of tupac.

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look at all of this. we've seen some things, lauren obert and others, marjorie taylor greene, privately publicly using profanity, matching the energy is not always the right strategy.>> they don't understand what is going on in our country.

right now historically, i applaud those that have come before me, democrats have always wanted to be the ones that say this is how we are supposed to conduct ourselves, they think by maintaining that title, that decorum, that others will respond and do the same, but they don't. sometimes you've got to make sure that they know that you can bring it as well, and push back. that's what you are seeing right now. a lot of the american people, not just young people, i've got constituencies of all ages that tell me thank you so much, they are sitting back quietly, and this is a very emotional thing. i was very emotional for a lot of reasons. as an attorney, it was an affront to me, that we are going to this sham impeachment, there is no evidence and you didn't even try to bring one witness that could bring any

evidence. no fact witnesses. the government is about to shut down. the one thing we are supposed to do is pass a budget, and they are doing that.>> do you think we will see more impeachment hearings? your colleague seems to suggest that we won't because this didn't go the way the publicans wanted. and if they know what is good for them, they will let it go. we have an all-star cast. i was surprised that my clip was the clip that ended up going viral. every member of the houston mechanic side was extra strong. they are working, trying to keep a roof over their heads. if they know what is good for them, this hearing didn't go well. it's a bad day for republicans.>> we've done multiple fact checks on the hearing. at best, there was a lot of

information that was submitted. i do want to talk about the government shutdown. here is marjorie taylor greene, one of your colleagues, here's what she had to say about democrats in all of this.>> democrats are fine with shutdowns, they shut down the country over covid for far too long, and the american people suffered. most americans are worried about the government shutting down.>> americans are worried about the government shutting down. what is your response? >> she is clueless. she's out of touch. she doesn't understand how much we do in the government, that's part of the problem. i come from a district that has a ton of aviation. air traffic controllers saved us last time. i hope they save us a little quicker. you are talking about shutting down business travel and those who are traveling for pleasure. when we talk about supply chain issues, you are talking about

affecting the supply chain. this is a lot bigger than just the government, not to mention the government contractors, not to mention those people that really need some kind of childcare in the country. head start is most likely not going to have the funding that they need. republicans continue to say that they love making sure that they are taking care of the border, they are not going to play for - - they are not going to pay for border patrol.>> congressman gates may work to oust speaker mccarthy.>> mccarthy needs to grow a spine. he needs to tell them listen, he barely had the votes in the first place. there is no one else that has the votes. either it's mccarthy, or as far as i'm concerned, we can bring in jeffries, interview leader, who has his delegation together. there is no one else in the

republican caucus. they need to come up with an alternative, or go ahead and work with a speaker that they have.>> we will see what they end up doing. thank you very much for being with us.>> it's one of america's most notoriously unsolved mysteries. now there is an arrest in the mood - - there is a murder in the arrest of tupac should occur. [ music ]

>> this has been a story that has largely gone nowhere for 27 years. now a lot is changing in the case that has loomed over rap music at large. police in las vegas are making an arrest now in connection to the murder of tupac shakur. he was shot and killed while leaving a boxing match in 1986. his murder supercharge the rivalry between east and west coast rappers. the man was indicted in his killing, doing keith davis. he was the ringmaster of the plot in retaliation after an attack on his nephew. davis has placed himself at the scene of the crime, saying he was in the front seat of the cadillac that came up to the car when shots were fired from the back seat. it has also been the summer of f bombs in american politics, and they might keep rolling

into the fall.