happy to have you with us. burges eve burges everett, he covers congress. he's a reporter. the sort of breath of their beat. sometimes in congress they are covering gigantic stories of national significance or in significance like conference hearing or justice supreme court court. even when there is not a huge earth shaking story happening like that in congress, congressional reporters still have to be there in congress covering anything that's happening on a given day. yeah, today, a reporter everett

got to cover the hearing for brett kavanaugh. he had to cover other stuff that happened in the nate today. i learned from mr. everett including the senate passing a resolution today confirming september is school bus safety month. i had no idea. a couple of weeks ago, he had this little scoop let, you can put this under the category of maybe important or may not. i saw it and here it is. mike pence is having a long chat with democratic senator chris coons. for the record, it was observed by congressional beef reporter and therefore it was reported. we get public facing complaints about congress. dean heller still won't talk to

me or no ties wednesday for bernie sanders. if we did not have beat reporters in national politics, whose beat is congress. is it important? might be. i am glad somebody was there to report it and did so. and on july 19th, seven weeks ago, burgess everett, was apparently right outside senator durb durbin's office. he ended at the same spot and able to report this, mcconnell withdraws bounds nomination. i am hear democrats literally chaering in senator durbin's office. democrats were not going around in the halls openly cheering and celebrating what just happened. they did burst into cheering behind closed doors. doors that apparently were not

thick enough to block congressional reporters or at least one of them from hearing them start to shout and celebrate inside senator durbin's office. what the democrats were celebrating that day was this guy. not becoming a judge. for everything else the trump administration have proved themselves incapable of not doing. republicans in the senate under president obama had a strategy about this. they held open every single judicial seat they could for as long as they could including a seat on the supreme court. they just would not let the obama white house put any federal judges through and so in the obama years with republicans in control of the senate. the vacancies for judicial seats just mounted for years and having followed that strategy for years, republicans finally got the pay off when the republican president was

elected, they were ready and they launched hundreds of conservative nominees all at once. there were plenty of vacancies for them to fill because republicans had all those seats opened. republican haves been running those nominees through like a factory made chocolates on a conveyer belt. they got to hurry through as many of these nominations as they can. on july 19th, despite this well oiled if fairly frantic system, one of their judicial nominees failed. his name is ryan bounds. the trump organization nominated him one level below the u.s. supreme court court. again, in general republicans in the senate have been ramming through trump's nominees by the fistful. this ryan bounds' no, ma'minati

were stopped. all democrats opposed him and all were united. senator tim scott also opposed him. the lone african-american member of the united states. this nominee had a robust, lengthy history of inflammatory racial writings. none of which he had turnover to the judicial committee when they were vetting him a lifetime appointment to federal appeals court. the nominee appointed/associated himself with some racially stuff. that paper started using this nice, angry indian cartoon to illustrate his section of the paper. i can say that from experience because i went to the same

school as this guy at the same time. i remember those fights. in despite the fact that he tried to hide those writings from the senate, his nomination did appear to be on track and get confirmed through senate anyway. senator tim scott decided he was not okay for this guy and not willing to vote on this judge. what he called a feel good ethnic's elites. according to everett's reporting at the time on politico.com, senator tim scott started to voice his concerns in the possibility that he may vote no one day before the vote was scheduled on ryan bounds. senator scott then spoke to the nominee himself to try to asuede his concerns. that did not work.

senator scott went to talk to his friends, senator marco rubio about his concerns. the two of them decided to talk together to the nominee. they did so. that still did not work. afterwards, senator tim scott said no, i am not doing it. you cannot have my vote for this nominee. senator marco rubio says okay, if you are voting no then i will join you in that, too. ryan bounds' nomination died and burgesses were there. >> that was seven weeks ago. republicans are in control of the u.s. senate but omnivonly b. they only have a 51 to 49 majority. senator mccain was out sick seven weeks ago. at that point, it was 50-49. it only take one to sink any

nominee as long as democrats stayed unified in opposition. with senator mccain having been passed who is replaced by jon kyl. now, it is back to 51-49. if only two republican senators peel off on any one vote or one nomination. as long as the democrats are unified. that vote or nominee is toast. after more than 31 hours of confirmation hearing for brett kavanaugh's nomination for the supreme court this week, it is becoming clear that democrats are proceeding on the nomination of brett kavanaugh with that very, very narrow vote margin in mind. there have been some -- forgive me, i think there has been some quite a lot of commentary.

i don't mean that to be snarky, and some headlines you may have seen suggesting that democrats are trying to make a big spectacle out of the kavanaugh's confirmation process. the democrats are in the minorities and no way they can stop this nomination. they're setting off fireworks pointlessly to try to make attention and make a scene. you have see reporting and commentary and that's particular of what democrats are doing, releasing documents from kavanaugh history. you know what -- if democrats knew it was a feudal effort and he was going to be confirmed anyway no matter what they did. there are easy and more fun way of doing it. what's clear of three long days of hearing that the democrats are not trying to make a spectacle of the confirmation

process here. they appear to be blocking brett kavanaugh's confirmation and actually trying to win. democrats are not used to seeing this in their elected officials so i am not sure if it is recognized widely. look at what they are doing. they're not just making or sounding fury here. they are doing something to try to win and stop kavanaugh's nomination. they may not win. it is worth being clear that is they are going for. they are aware that's a close question here. for a number of reasons, this nominee is actually super unpopular. nationwide polling shows that this nominee is less popular than any modern supreme court nomination since harriet myers. the reason i am not saying justice harriet myers because she never made toit to the supre court. she had to withdraw her nomination. public support for kavanaugh's nomination is lower than harriet

myers enjoyed before she had to withdraw. at least one national poll for kavanaugh's nomination is lower than what we saw for robert bork. he insisted ongoing all the way through to a vote and not withdrawing the way that harriet myers did. bork was rejected by a large bipartisan party in a sense. >> that's a fair nomination. and public support is not everything. the public does not get a direct vote on supreme court nominees. it is striking in this case. that support is so low for kavanaugh. ultimately that kind of thing does end up mattering to senators. if they have reason really seriously consider their vote here. ultimately, it does matter to elected officials particularly

right before an election when more americans don't want kavanaugh confirmed or do want him confirmed. brett kavanaugh is under water that way. more people want him rejected than want him confirmed. in that environment with a week of unpopular nominee and having been chosen by the up popular president who have been named as a felony case and is at the center of a huge investigation that's literally going to result in one of his campaign aids being sensed probably to prison tomorrow in the middle of brett kavanaugh's confirmation hearings while jury selection hearing for his campaign. with a week of unpopular nominee nominated by a week and unpopular and endangered president and with the razor

thin republican majority in the senate. democrats are not throwing up their hands and being like we got no choice here. can't do nothing. let's just make noise. >> democrats have one small specific cast this week. and it is not to change the world's perception of bullrett kavanaugh or transform the republican caucus somehow. all they need to do is peal off republican senators and persuading them to decide for their own reasons that they can't vote on this man. this is an aim the squirt gun strategy. there are two republican senators who say they are pro-choice. they have made clear to their constituents back home for years and both of their decades. senator lisa mowkowski and susan

collins saying they are satisfied >> he considered roe to be settled laws. he agreed with what justice robert said at his nomination hearing and in which what he said was settled. we had a very good, thorough discussion of that issue. >> excuse me. >> senator susan collins of malaysian. the other israe lisa mowcowksi. that my susan collins' own admission. it is something that's important to her and something that hatteha

matters to her. today, somebody leaked to the new york times and nbc news, this e-mail written by kavanaugh, he argued roe v. wade is not recognized to be settled law. i am not sure that all legal san francis kavanaugh was writing that in 2003. right now there are certainly four justices who are expected to over turn roe and carver gnaw is the along awaited fifth row to do just that if they ever put him on the court >> the first e-mail made public raises a few questions. why was that e-mail marked confidential and not release todd the public?

what if that was inappropriate for the public to know about judge kavanaugh and his views. that was him commenting on the proposed op-ed, that means we need to be protected from his edits to that document. also, how do senators look at that and explain to their constituents they are still confident that he'll treat roe and no chance he believes it could even be overturned. he does not believe it is settled law at all. >> the strategy around releasing the roe memo and i say it is a strategy because nbc news said it today when they got it, they got it from quote, "democratic sources." >> this strategy is aimed at two

specific senators. those senators have admitted they'll vote their vote in part on that issue. whether anyone is persuaded by kavanaugh to make abortion illegal. >> hawaii's senator macy's hirono. this is brett kavanaugh writing to another white house official. quote, "i think the testimony needs to make clear that any program targeting native hawaiians as a group is subjected to scrutiny and questionable validity under the constitution." why would macy going out of the

limb for this? >> it is not on a lot of issues. it is not one statement that's a document. is this kind of an issue is going to turn the national tide against brett kavanaugh? that document they not guarder a single headline when it come to kavanaugh. you don't need to turn the whole write. who is macy's hirono is tweeting out about in. >> and by extension, laalaska

natives. this democratic effort is specifically targeted and narrow cast to make it impossible for lisa mowkowski to vote on this nominee >> i think you have a problem here. your view is that native hawaiians don't deserve protection. i think that my colleague from alaska should be deeply troubled by your views. >> my colleague from alaska. we got democrats giving susan collins and lisa mowkowski. we gottlieb lisa gotten anothero

vote. it shows that lisa mukowski may have problems at home. if she votes on this nominee who's absolutely on the record hospital who benefits them and recognize them. you may have seen this morning's announcement that macy hirono. >> once he wanted the release including kavanaugh's communication of racial profiling. thanks to that action by democrats in the senate, we now have this document. here is brett kavanaugh 2001, calling the affirm nation action a naked and racial set-a side. this is a program that's

supposed to benefit minority contractors. >> he also won the record for nati native hawaiians. >> it is like when judge ryan wrote about the ethnic elites. except, ryan bounds never became a judge because tim scott and everyone marco rubio decided they could not stomach that kind of past writing on a race for a judicial nominee. that nomination failed and at least one reporter heard the democrats cheering. they don't need them all. they don't need the media or they don't need to entertain any of us. they just node to vote. those no votes can be for any reason at all. that's important to those two republican senators. >> the democrats did glow up the

process again by calling republicans bluff on what kavanaugh could be shown. when you look at the stuff they have releasing it and the way they are presenting it, it is clear, this is a tightly targeted efforts. senators who really may have concerns with special elements of brett kavanaugh's records that would not have been let out of the committee. the republican senator who are really being targeted here in this effort are not senators who are members of the judicial committee. those are documents that's not seen by anybody off the committee. when they are releasing these do you means, that may be the only way they can let senator tim scott know that brett kavanaugh says a affirmative action is the only way they can let senator lisa mowkowski know.

>> brett kavanaugh does not think that cinder block. he does think the court could overturn that. it is not just multiple choice he choice -- choice here. there is a method to what they are doing and alongside that, there are two other thing that is are going on here that we'll talk about. number one, this now quite robust democratic efforts to show nut one or two or three or four, brett kavanaugh may have lied to the senate of his last appearance before them. democrats have been probing around the edges of allegations since carvkavanaugh was named. today they start to lay out the troops. there is the drama that had been unleashed by kamala harris.

>> judge, have you discussed this investigation with anyone? >> well, it is in the news everyday. >> have you discussed it with anyone? >> um with other judges i know. >> have you discussed mueller or his investigation with anyone, the law firm found by president trump's personal lawyer. be sure about your answer, sir. >> well, i am not remembering but if you have something you want -- >> are you certain that you have not had any conversations? >> have you had any conversation

about robert mueller or his investigation with anyone at that firm, yes or no? >> is there a person you are talking about? >> my question is have you had a conversation with anyone at that firm of that investigation. it is a really specific question. >> i would like to know the process you are thinking of. >> i think you are thinking of sbun a someone and you don't want to tell us. >> who did you have a conversation with -- >> mr. chairman, i would loik to raise an objection here. this town is full of law firms. >> first of all, hold on the to the clock. >> that was the cliff hanger that we were left with. where did that come from? >> what does it mean? >> we'll senatooor -- we got th

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this was just a little while ago at the brett kavanaugh's confirmation hearing. >> as you will recall last night i asked you whether you had such a conversation and under oath you gave no clear answer. then today my colleagues raised the issue with you and you said you don't recall and you had no quote, inappropriate conversation with anyone at that law firm which led a lot of people to believe that was in equivocal in terms of that response. it was not a clear answer to my question. my colleague senator blumenthal

asked you and you said you were quote, "pretty confident," the answer was no. so frankly if last night you had just said no or an absolute no today, i think this could be put to rest. but, i will ask you again and for the last time, yes or no? have you ever been apart of a conversation with lawyers at the firm of kasowits and torres. were you ever apart of the conversation, i am not asking you what did you say? i am ask you, were you a party to a conversation that occurred regarding special counsel mueller investigation. >> about his investigation? >> and are you referring to a specific person? >> i am referring to a specific subject and the specific person i am referring to is you.

>> who is the conversation with and you said you had confirmation. >> that's not the question, sir. the subject is you, whether you are apart of the conversation. >> the answer is no. >> it would have been great if you could have said it last night. >> never mind. >> we were racing towards show time tonight when that happened in the brett kavanaugh hearing. joining us is the senator that's trying to get that answer, senator kamala harris. >> sorry i could not be there in person. >> i am in the back room of the hearing room. >> if you need to jump off any point, just jump. i will understand. >> thanks. >> help us understand what's going on here though. you said received reliable information that this nominee

had people at the law firm represented the president and at one point represented the president and that conversation was about the probe. >> i don't know why i have to wait a 24-hour to get answer answs. >> he has not given clear answers onto special counsel whether the president could fire him. there is you know a lot ofi thi where he's been evasive in terms of his answer >> he was pressing you both last night and tonight to tell him who exactly you were asking about. republican suggested and the nominee himself suggested a

little bit that was the only way you can answer questions because he did not have any way of knowing of talking of the investigation were in fact associated with that firm. >> what did you make of that effort in trying to talk you out of that line of questioning? >> i must admit to you. i am still really unsure about why he keeps equivocating. you are absolutely right. he wanted clarification of who exactly was at the firm and he wanted a list of the people who were at the firm and he wanted to know what the subject matter and even tonight he did that. it leads me to believe that there is more to this than he's letting on. and, i frankly -- when we look at his whole record, there is a lot about his record that should leave us with a lot of questions. >> can you share anything with us about the intelligence room information room that received

that lead you to believe that this conversation did take place and a lot of speculations that it may be a conversation with edward mcnally. can you tell us anything about the information that received that led to the line of questioning? >> i am sorry, rachel. i am still a journalist at this moment. i received confidential information that was reliable. for 24 hours we went without him getting to an affirm answer before he finally could say what he said. the burden is on him to explain why he is equivocating the 24 hour and still want to parse out the question. >> i will go at it one other way without trying to ask you about your source and the nature of your information. you raise the issue of him that

he should recuse relate to the president and the president's susceptib susceptibility things to subpoena. >> if this nominee has had conversations with people associated with the president's legal defense about this matter and they have not been disclosed to the senate, would that be cause for him to commit to a recur recusal on those cases? >> yeah, absolutely. a recusal and i went through this evening -- [ inaudible ] >> i think that was definitely --

>> there is no question he should recuses himse himself. there is no question. and as it relates to the possible scenarios around this president and the investigation. it is very possible that very significant questions will need to be answered by the united states supreme court and only the united states supreme court. it is a serious matter and the fact that as a nominee he has been parsing and kind of playing around with words before giving a direct answer. >> senator kamala harris, senator, thank you very much for being with us tonight. i know you have to get back to it. >> thank you, thank you. >> see i should have had her calling on two phones at once so when one is cutting out to the

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and accessoriesphones for your mobile phone. like this device to increase volume on your cell phone. - ( phone ringing ) - get details on this state program visit right now or call during business hours. he publicly released a list of all the people he might possibly nominate to the supreme court. he did not write the list. the list was compiled for him by conservative groups that

included 21 names. when trump released the final list, trump said "this list is definitive and i will only choose from picking the future justices of the united states supreme court." sure enough when trump won the presidency and took office, his first nominee gorsuch came off that list. maybe justice kennedy was thinking of retiring. trump said if that were to happen, he would definitely pick his next nominee from the same list, the one he picked gorsuch from. a couple of weeks later, robert mueller was appointed counsel. that list from 2016 that was the final and definitive list.

it gruesoew some new names thate not been on there including judge kavanaugh. he was added after the special counsel was appointed more than a year after the list was supposedly finalized. when anthony kennedy did retire, kavanaugh became the front runner. mitch mcconnell warned the house that kavanaugh would be the most difficult nominee to confirm because of his lengthy paper trails. why did he have to be added to the list and chosen over the leader of the chamber that would have to confirm him? one way which brett kavanaugh does appear to stand out from everybody else on that list is he's on the record of having extremely expansive view of presidential power when it comes to investigations and presidents getting in trouble. he's a hard line conservative on most if not all policy areas.

specifically on a president's susceptibility to investigations and prosecutions, he stands alone. he written that not only should presidents should not be indicted or subpoenaed, they should not everyone n be invest. he said they can be impeached. how can you impeach them if you can't investigate them. kavanaugh has refused to recuse himself. so, that's where brett kavanaugh came from. add to that the fact that the president who nominated him is the subject of the most serious

counter sb counter intelligence -- add to that of how republicans chose to deal of this issue of kavanaugh's lengthy paper trails. republicans in the white house decided to handle that by out sourcing and cuing the curation millions of documents. bill burke, the lawyer which have been decided which of these documents are released and which of those document are people allowed to see. along with at least three other current or former trump staffers. he is representing like six people in the russia

investigation and he's deciding what we are allow to know of the nominee who appears to be picked? probably because of the russia investigation? it is starting to feel the mueller investigation and the kavanaugh's confirmation is not the same story.

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make more of what's yours. how much more does congress need to see? donald trump has now been implicated in two felony crimes, and he's all but confessed to them on fox news. no one is above the law, so we have to make sure this president doesn't use pardons to cover up crimes. if you agree that a president should not be allowed to pardon himself or his associates, join us at needtoimpeach.com. the washington establishment doesn't have the courage to act, but the american people can.

the new york times published that unscribnnerving op-ed yest afternoon. although the president is unfit to hold the job he has, don't worry, there are people inside the white house that's willing to sabotage him and hurt the country. rest easy. our next guest responded with this online. there are so much wrong of what's described in the op-ed about donald trump. they will not check him.

cowardly aids will will not speak up publicly from gone rogue. joining us now is congressman. you do not get a vote in that confirmation proceeding. i wonder if you see connections between this supreme court and the nomination and what's happening in terms of kavanaugh and what's happening with the president's controversy around the president and the russia investigation specifically.

it shows that he's there for the wrong reason. he's the wrong judge at the wrong time. we have al president that's more legally exposed than any other president ever, not just criminally but also civilly. we have a judge who believes that president and any president is above the law. rachel, in the law there is this issue of rightness whether a case is right for litigation or not. these issues are right for literation, rudy giuliani have said that the president will not answer in writing or in person to the special counsel's request. the judge will not say he's going to recuse or separate himself from his prior believes. the issues are right but he's not the right judge to join this court. >> you bring up the right issue of mr. rudy giuliani. i tried to give rudy giuliani's comments a day or so for them to be ripe or rescinded for who he

reportedly speaks. >> what he said is the president won't answer any questions in person or in writing and not only of obstruction of justice and russia collusion. if the president does try to assert that and rudy giuliani is not making this up, how do you think that gets results and settled? >> the mueller team will have to decide whether they want to subpoena the president or proceed without his information. you know rachel if the president is not interviewed or telling special counsel he'll not subject himself to an interview and report the issues without his interview, he will pan his report. we are seeing him doing that right now with the bob woodward's book. the best thing that counsels can

do is doing a great job and given all the due process in the world is to subpoena him and show that they're not going to treat him any differently. congressman eric swallow. thank you for being here.

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the former white house counsel testified in the summer of 1973. he read from the statement that was 245 pages long and took him six hours to get through it all

and including a lunch break in the middle. dean tells inquiry that nixon took part in the watergate cover up for eight months. that was 45 years ago. john dean to the u.s. senate. now, john dean is going back. tomorrow, we expect the nate to call witnesses on the list of names called by democrats is john dean. he's expected to testify against judge kavanaugh tomorrow specifically where it comes to kavanaugh's view on how to investigate a president or hold them accountable. >> and a developrochelle garza, lawyer who helped undocumented girls get abortions.

day three of the kavanaugh's hearing are still going tonight right now and there is still a lot to get to before this thing comes to a vote. witnesses are starting to come in tomorrow. ito take care of anyct messy situations.. and put irritation in its place. and if i can get comfortable keeping this tookus safe and protected... you can get comfortable doing the same with yours. preparation h. get comfortable with it. no matter how much you clean, does your house still smell stuffy? that's because your home is filled with soft surfaces that trap odors and release them back into the room. so, try febreze fabric refresher. febreze finds odors trapped in fabrics and cleans them away as it dries. use febreze every time you tidy up to keep your whole house smelling fresh air clean. fabric refresher even works for clothes you want

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experience the lexus rx with advanced safety standard. experience amazing. quickly though, can i show you where we talked to her tonight when we got her on the phone? look. this is where senator harris called from. a closet in the senate. you can see next to the mail cart and the box of pretzels. i'm sorry the cell phone reception was not awesome. but now we know why. all right. that does it for us tonight. we'll see you again tomorrow. now it is time for the last word with lawrence o'donnell. >> when i worked there, they actually had phone booths. but not in the age of the cell phone. >> bring back the land lines. >> that closet is surrounded by marble. that was just the toughest cell