read his words. the way he talks about an unlawful immigrant minor. he doesn't even give her a persona. >> all right. thank you. that's "all in" this evening. >> thanks, my friend and thanks to you at home for joining us this hour. fridays, man! fridays. we should change the last day of the workweek the news day instead of friday. i like to take fridays off. my boss is like friday, are you kidding me? the confirmation hearings ended for the controversial supreme court nominee brett kavanaugh. we learned during his confirmation maergs there is a record of him saying that he does not think that roe versus wade should be viewed as settled law, despite that he said exactly that to key pro-choice

senators in order to try make them comfortable with the idea of voting for him. we learned in the hearings that he really does hold quite outside the main stream views about whether or not a president should be protected from any investigation or any legal liability while he or she is in office. chats signaled that they thought it might be way out of keeping from normal conservative lawyering. and they had suggested, particularly cory book her suggested that those out of keeping with normal conservative legal views' positions, specificly on a president's susceptibility, senator booker and others had suggested that maybe kavanaugh's views on that subject might have been why kavanaugh was picked for the nomination in the first place. brett kavanaugh did not disabuse anyone of that notion this week which ultimately culminated in

this rather dramatic declaration from richard nixon's white house counsel john dean today as the testimony wrapped up. >> under judge kavanaugh's recommendation, if a president shot somebody in cold blood on fifth avenue, that president could not be prosecuted while in office. >> john dean today, one of a number of witnesses whose testimony rounded out the confirmation proceedings, making these folks, these witnesses who we heard from today sort of the fourth major character in the proceedings after brett kavanaugh himself and the senators questioning him and of course, there was an interesting fourth player in these hearings this week. the protesters who were a near constant feature of the whole confirmation proceedings. they made a huge, huge impression in the hearing room. they were thrown out day after day after day. there were also arrests at chuck grassley's office as well.

over 200 people arrested this week. more than 200 arrests. the majority were women. now as to whether or not brett kavanaugh will be confirmed, one of the surprise endings in the hearing ended up being not just about kavanaugh on policy, not just about positions he had taken and things they had been involved with that republicans in the white house had tried to keep under wraps by not providing access to records from kavanaugh's time working in the george w. bush white house. what ended up potentially being the most potent twist in the kavanaugh hearings is the evidence presented by democrats that showed that kavanaugh may have lied to the senate pretty extensively in order the obtain currency that he already has on a federal appeals court. the good news is that his supreme court hearings are now over and he may very well end up

becoming a supreme court justice. the bad news for kavanaugh is that whether or not they decide to elevate him to the high court, he may find himself one day being impeached thanks to what democrats proved about his statements under oath that were not true during not just this proceeding but the one more than ten years ago that got him the judgeship that he has right now. so we have more on that coming up tonight. and today turned out to be the day that president barack obama decided to come out to play ahead of the mid-term elections which are now less than two months away. >> we are americans. we're supposed the stand up to bullies. not follow them. we're supposed to stand up to discrimination. and we're sure as heck supposed to stand up clearly and unegively do nazi sympathizers.

how hard can that be? saying that nazis are bad? >> president trump says that he is going to campaign in these mid-term elections way more than a president typically would with approval ratings as bad as president trump's are right now. now we know as of today, that president trump's participation in the mid-terms will apparently be maxed by a just as unusual decision by the immediate past president that he too will campaign in these mid-terms. only his approval rating sare doing pretty swimmingly. both in absolute terms, and particularly in comparison to president trump. the headline there on the celeste about trump. you see it. trouble for trump. disapproval at a high. half favor impeachment. on the right, the equivalent

headline, barack obama, americans rate president obama as the best president of their life times. so they will both be campaigning for their respective parties during the mid-term elections. president obama will be campaigning tomorrow morning for democrats trying to pick off republican held house seats in california. and he is going to be making specific appearances for specific candidates and groups of candidates apparently between now and the first week in november. clearly he knows every time he campaigns from here on out, it will be national news. and it is a rare thing for former presidents to do this. but president obama has decided that he is not going to be shy about talking about his successor and controversies that are plaguing his successor. >> by the way the claim that everything will turn out okay because there are people inside the white house who secretly are not following the president's orders, that is not a check. i'm being serious here. that's not how our democracy is

supposed to work. these people aren't elected. they're not accountable. they're not doing as you service by actively promoting 90% of the crazy stuff that's coming out of the white house. and then saying, don't worry, we're preventing the other 10%. that's not how things are supposed to work. this is not normal! these are extraordinary times. and they're dangerous times. but here's the good news. in two months we have the chance, not the certainty but the chance to restore some semblance of sanity to our politics. >> two months to restore san.

two months until the mid-term elections. until then we will apparently be seeing a lot more of former president barack obama. two months until the mid-terms. and today yet another member of the current president's campaign staff was in federal court. this time it was campaign foreign policy adviser papadopoulos who was in federal court in d.c. for like the investigators. because he had entered into a formal cooperation agreement when he pled guilty, there were expectations that he wouldn't end up serving any jail time at all. but prosecutors did end up asking the judge to impose a custodial sentence because they said in the end, actually, he was not all that cooperative. the judge obliged and the judge ordered him to serve -- two weeks in jail. the judge said he had been inclined to give mr.

papadopoulos a month in jail but he cut in it half because he was impressed by papadopoulos's remorse over what he had done. so george papadopoulos impressed the judge with his remorseful he will do 14 days in jail plus a year of assume advised release, plus 200 hours of community service, plus a fine of $9,500. that sentence led to these ecstatic tweets from george's mom. kiki papadopoulos. it is amazing the number of people i've learned about who i would never otherwise encounter because of the criminal cases involving people close to the president in the campaign. she said this. just left courthouse. amazing judge. judge gave george two weeks of jail time. a amazing. god bless america. a few minutes later, judge moss is a fair and good man. everything went amazing. he is great. like tony the tiger.

great. so george papadopoulos will go to jail for a very short stint. a dude holding a team putin sign outside the courthouse did throw an orange jump suit at him which was at the courthouse. his lawyers told the judge today in the courthouse that george papadopoulos's lack of cooperation couldn't have hindered the investigation nearly as much as the president of the united states had hindered the investigation himself. that was an interesting line of argument. mr. papadopoulos's lawyer told also recorders that he's pretty sure the guy who told his client that russia had hacked e-mails during the campaign, he's pretty sure that guy must have been a russian agent. >> i have an opinion. i don't know what the

intelligence agency's opinion is. my opinion is he was playing on behalf of russia. >> so playing on behalf of russia. george papadopoulos's lawyer. that's about the guy who gave george papadopoulos during the campaign advance notice that the russian government really had stolen democratic documents and e-mails to try help donald trump win the presidency. papadopoulos's lawyer saying, he thinks the guy who told george that was the guy playing on behalf of russia. maybe so seems entirely plausible. but there's one other big thing that happened today with papadopoulos other than him getting his short prison sentence that just seems important in terms of how, the papadopoulos aspect of this relates to the overall criminal case. right? how the papadopoulos criminal part of this fits into the

larger russia scandal and the president's legal jeopardy. remember how we first learned about papadopoulos. right before the new year, december 30 ths, how the russia inquiry began. a campaign aide, drinks and talk of political dirt. that's how we learned on december 30th that the fbi according to four sources, opened its investigation in the first place into russian interference in the presidential election and whether or not the trump campaign colluded with it. they opened that investigation in late july 2016. that's also where we qulernlear that. during a night of heavy drinking at an upscale london war in may 2016, george papadopoulos made a starting revelation to australia's top diplomat in britain. russia had political dirt on hillary clinton. about three weeks earlier mr.

papadopoulos had been told that moscow had thousands of e-mails that would embarrass mrs. clinton. apparently stolen in an effort to try on damage her campaign. two months later when the leaked e-mails began appearing online, australian officials passed the information about mr. papadopoulos to their american counter parts. to the fbi. the hacking and the revelation that a member of the trump campaign may have had inside information about it were driving factors that led the fbi to open an investigation in july 2016 into russia's attempts on disrupt the election and whether any of president trump's associates conspired. he is the origin story, right? for the first time we've got a president under a serious counter intelligence investigation and he was under that investigation by the fbi when he was running for president. where that investigation came from is this guy. that is why george papadopoulos is so important to the whole overall russia scandal. he is why the fbi started

looking into it in the first place. prarly him flapping his jaws about what the russians were doing to an australian diplomat he met in london. when it emerged he wasn't making it up, how did he know in advance? the australian government told them about the contact. that's the whole reason he matters. and today on the day that guy was sent to prison for his role in the scandal, george papadopoulos also recanted that central point. today for the first time, he said he at least doesn't remember that happening. really? as soon as the new york time was published, he basically says, i have no idea about the whole claim about talking to the australian guy. i can't remember anything about

that. look at this. going back to the meeting with the australian diplomat, what were you drinking? i think i had a gin and tonic. did you drink a number of gin and tonics? how much did you drink? >> no. i think i had one or two drinks. i think downer himself in numerous interviews kept explaining that he had one or two drinks. at least i don't remember being drunk. i think we had a couple drinks and we were just talking. in interviews, downer has said that besides having one drink, he has said that you brought up the russian dirt on hillary clinton. papadopoulos, i don't remember talking about that with him at all. so you don't remember at any point talking about russian dirt and hillary clinton? i don't remember that at all. >> that's the whole origin story

for the russia investigation at the fbi. papadopoulos is now like, huh-uh. imagine if you will, that george papadopoulos is telling the truth here pefl honestly doesn't remember anything like that happening. and it is not that he doesn't remember because he was drunk. if that's true, the whole story about how and why the fbi started investigating russian interference and the trump campaign potentially collaborating in it, that story no longer holds. oh! i would like to know more with that then please. and then on top of all that, bloomberg news talked about. this trump executives face u.s. campaign finance probe. that means the president's business, they are not commenting to bloomberg news for this story and nobody else has matched the story and

bloombergate admits even in their headline, this is a one source story so caution. he what they are reporting is that federal prosecutors from the southern district of new york, the same prosecutors who two weeks ago secured a guilty plea on eight felony counts from the president's personal lawyer, michael cohen, bloomberg news is reporting the same u.s. attorney's office that nailed cohen is now pursuing a federal criminal investigation of the president's business. on crimes related to what michael cohen pleaded guilty to. particularly the two crime where michael cohen stood up in federal court and said under oath that he had been directed to commit those felonies by president trump in an effort to influence the election. fridays. i tell you. if this bloomberg reporting is true and executives are now under federal criminal investigation, who are we talking about here?

how many trump organization executives are there really? it's not that big a company. if the president himself was involved in the alleged conduct how are prosecutors likely to handle that? he is after all the president. is there anything we can tell from the public record, from the michael cohen case or anything else, about how strong a case it might be? we believe it includes his kids. joining us is the former u.s. attorney in the southern district of new york and a fellow at the center for justice. thank you for being here. >> based on this bloomberg story, nbc has not matched this story. mcclatchee is on their own on this. i am inclined to be interested

whatever they have to say but they're not even claiming more than one source. what does it mean for a business to be under investigation? >> i think that's just shorthand to discuss potential executives there. company are very, very rarely charged criminally. when they are, it is a systematic methodical expensal breaking of the law. they try to avoid testing in a methodical way. >> or enron in a company wide scheme. >> yes. the fallout has even put the skids more on criminal prosecutions of corporations. >> making it even harder to do so. >> yes. it is so devastating to the companies. i think what they're talking about is the potential for more

executives to be caught in the cross hairs of this campaign finance conspiracy that michael cohen has pled guilty to. that could be in the information as employee two. there's been a lot of reporting that employee one who cuts the check to michael cohen to reimburse him for the payments that he made to stormy daniels, it is allen weisselberg. but there hand been much reporting on who employee two was who received a request for authorization. so that is someone who may be in the cross hairs of this. >> and they would be in trouble. there is been reporting that he has been offered limited immunity in exchange for his testimony in conjunction of this case so that's another angle here. they would be in trouble here

nor facilitating that payment which was to influence the lengs and trying to make it look like something else? is it participating in a cover-up? >> so there is a pathway to prosecution for that. >> that's much more difficult. that's like a books and accounting offense which you will see with public companies where they itemize something in a false way. they don't include the proper expenses. and the michael cohen information somewhat notably lays out in greater detail than necessary the cover-up. if someone pled to finance

fraud, they would have to be in on the conspiracy that michael cohen pled guilty to. that's designed to influence the election. >> yes. they had to know the payment was made to silence stormy daniels in this case so that the public did not hear about it. >> they had to be in on that element of it. >> and donald trump is the president of the trump organization. he has handed off supposedly control of the trump organization since he became president. but at the time of the alleged crime he was still the principal executive at that institution. if he is implicated as michael cohen said he was in court, and if he is implicated on the trump organization behavior side of it, if this is being pursued,

how does he deal with the fact one of the subjects is now the president? >> my guess is they kick it down to mueller who will be making any decision about what to do with donald trump. this is my hunch as to how this works. my guess is when this case was referred referreded, anything related to the president, the legal issues surrounding whether a president can be indicted would ultimately be decided by the special counsel and ultimately by rod rosenstein who is overseeing this part of the investigation. they won't do anything without consultation. it is the same with the

obstruction of justice. can a sitting president be indicted? based on the recording released with cohen and trump where it demonstrates that trump knew about these payments to some degree, and michael cohen pointing the finger at anymore court, i don't think that's enough, that would be enough to charge the president in and of itself. if there is more evidence from david peck here may have received immunity and is a cold friend. or from executive. there's a lot unknown. he could have committed a federal crime. we don't know that yet but we run into the same issues with the obstruction of justice investigation, particularly whether a sitting president can be indicted or not. >> if you're sure he can't be indicted as president, there's a seat for you on the supreme court. thank you.

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1234679 two questions about the brett kavanaugh nomination for the supreme court. number one, who will be in charge of rehydrating all those old people on the judiciary committee after four consecutive days of playmarathon testimony? second question, will brett kavanaugh get confirmed? i do not know the answer to either question. one of the unexpected things that happen, he was revealed. a host of things. a couple of them blatant enough to follow him home even if he doesn't get confirmed to the supreme court. the first has to do with his testimony in 2006 when he was a george w. bush white house lawyer who was up for a judgeship on the d.c. court of appeals. the senators understandably planned to and did grill him about controversial issues that happen during his tenure in the george w. bush white house. they particularly grilled him about the process of nominating

judges and which he was involved in. >> the judiciary committee. it later became clear, when they wrote the letters that the judge requested. did you know that judge pickering planned to solicit letters of support in this manner before he did so? if not, when did you become aware that judge pickering had solicited these letters of support? >> the answer to the first question, senator, is no. this was not one of the judicial nominees that i was primarily handling. >> telling the senate under oath that this nomination of charles pickering was not one that i was primarily handling. his characterization of that work has now been contradicted

by white house documents that republicans apparently intended to keep confidential so they couldn't be released to the public. they got released to the public this week and it turns out according to the documents and the e-mails, brett kavanaugh was absolutely working in the white house, putting together binders of information about that nominee, charles pickering, drafting a letter to a senator about charles pickering. working on an op-ed about charles pickering. whether they would need tables for a pickering event. we know about now because we can see in it black and white. while he was before the senate the last time they had him under oath in 2006. so keep an eye on that question about his role. it is a name that is not a household name. back in the day, charles pickering was a disastrous nomination for the bush white house. he got recess appointed because

they couldn't get him through. they had to step through and it was a big embarrassment. he did do stuff to get seat that was seriously confidential. you might understand why he didn't want to be associated with that very controversial nomination. the bad nomination when he was such a bad headline for the bush white house. you understand why he might have done that. but saying he wasn't involved there, we know in black and white that he absolutely was, gdsable as it may be, trying to save his own skin and stay away from controversial issues, that appears to be a blatant lie that he told in sworn testimony. judges aren't supposed to do that. also, there is the time that brett kavanaugh got e-mails that had been stolen from senate democrats. they were stolen by a republican staffer who then handed the stolen documents over to kavanaugh in the bush white house who then used them to plot

strategy to get bush nominees through senate. they had the democrats' game plan. it made it much easier. it's easier if you have memos, draft questions, research, et cetera. that was a big scandal at the time they got seized as evidence. people were referred for prosecution. so brett kavanaugh as a bush white house lawyer nominated to back judge, once they had him under oath, yeah. would get asked if he had any knowledge of it. he appears to have lied in response to those questions you said oath. >> did he ever share, reference or provide you with any documents that appeared to you to be drafted or prepared by members of the judiciary committee? >> no. i was not aware of that matter ever nil learned of it in the media. >> i want to clear up the

questions. you said that mr. miranda never provided these documents that were from this. had you seen them in any way? had you ever come across memos in files of democratic members given to you or provided to you in any way? >> no. never saw it. >> i had no idea. never saw it. nothing that looked like that. in 2004 when he was first nominated for a judgeship, he said no, he had seen nothing. he had been given nothing of the sort. his nomination was controversial and it language wished for a while. he didn't get confirmed. he came back to the senate with him in 2006. he had to do a second round of hearings. this is still a controversial matter. he was asked again and lied about it again. >> i did not know about any memos on the democratic side.

i did not suspect that. had i known or suspected, i would have immediately told judge gonzalez who i'm sure would have talked to hatch about it. i did not know about it. did not suspect it. >> did not know, did not suspect. i would have reported it had i had any inkling. now roll tape from this week. >> when you worked at the white house, did anyone ever tell you they had a mole that provided them with secret information related to nominations? >> i don't recall the reference to a mole which sounds highly specific. >> a mole, a little rodent, highly specific? it is highly specific special when i a senator releases a memo

with the subject line, spying. and the first line of the e-mail says i have a friend who is a mole for us. on the left. and the rest of the smoil democratic documents and research on judicial nominees. they have a whole bunch of e-mails from the staffer who stole the stuff from the democrats. e-mails from that staffer to brett kavanaugh in the white house. he was providing him, quote, intel. he was providing my info on democratic staffers. he was describing a confidential letter sent by a senate democrat. so brett kavanaugh has gone from saying in 2004 that he didn't have that inside information. he never heard about it. to saying in 2006, no idea, no inkling. i would have reported it. to now being confronted with, he

was told it was a mole. confidential stuff. do not circulate. confronted with that, his explanation for it this week is that it is normal. there is nothing weird about it. today the former senate lawyer who wrote those democratic documents that were stolen made a forceful case at slate.com about this part of judge kavanaugh's record. lisa graves writing, even if kavanaugh could claim that he didn't have any hint at the time he received the e-mails that these documents were of suspect prof nance, there it's no reasonable way to assert reasonably that he had no idea what they were after. what they were after the revelation of the theft. any reasonable person would have realized they had been stolen. certainly someone as smart as kavanaugh would have too but he lied under oath. she says not only should kavanaugh not be confirmed accident he should clearly be

impeached. he should not be elevated to the highest court. he should be taken down to the federal bench he serves on now. so yes, the hearings adjourned late this afternoon. senators have until monday to restist and then assert wren questions. how this fight unrolls from here, we do not know. by republicans in the senate who enjoy a historically small margin in terms of their majority. but among the other things senate democrats believe they exposed to damage the kavanaugh nomination this week, senate democrats think they got him on at least a couple points that look like perjury. now they'll try to make that stick. we don't fail up there.

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after a lot of controversy about abortion rights during brett kavanaugh hearings, amid certainty by observers on all sides that kavanaugh will definitely be the crucial fifth vote that conservatives need on overturn roe versus wade, an e-mail that was exposed in which kavanaugh says that roe shouldn't be considered the settled law of the land because the court can always overrule it. in addition to that emerging

certainty, he did hit another trip wire in testimony under questioning from texas senator ted cruz. they were discussing a case involving access to contraception, in which there was a controversial ruling jflt kavanaugh referred to birth control as, quote, abortion inducing drugs. whether or not he personally believes that contraception causes abortion, which it doesn't, he did rule in favor of denying employees health insurance coverage for their birth control. the senate republicans are really on the verge of cementing a supreme court majority that will likely be extremely hostile not just to core rights to have an abortion but always whole spectrum of reproductive rights including birth control if they do get kavanaugh on to the court. that's why the constant back

drop has been woman after woman after woman after woman being dragged out of the hearing room while pleading with senators to protect women's rights by rejecting brett kavanaugh.

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to republican administrations. joining us, senior editor and legal correspondent. thank you for being here. >> confirmation hearings have ended. how did they go? >> if you start from the proposition that all he had to do was tell truth. there was very little. he could have right up to shooting somebody on fifth avenue. and he had the votes. to just get time and time again into these kinds of nested lies within lies or just these new standards, i can't talk about politics, i can't even condemn charlottesville nazis. just the level to which it seemed as though he took that which was uncomplicated and made it harder and squirrely. and by the way, it doesn't help, the drip, drip, drip of these documents. it was such a great thing, right?

withheld to documents. on give 7%. but then not knowing when the documents came forth men that he was not prepared to deal with the documents. i can't think senate republicans helped almost by withholding them. >> and we will get more as time goes by. >> the documents i think we're hearing will be out by 2019, 2020. >> okay. the disassembling, the refusing to answer questions about politics, refusing to answer questions about which cases were correctly decided or not. saying a lot of words while saying nothing. i feel like that has become an art form. it gets a little worse with each new nominee. when judge kavanaugh was before the senate in 2006, he sang the praises of george w. bush, the president who nominated him. invited to do the same for

president bush this time around, he said i couldn't possibly. we know why that is. that's because justice gorsuch issued a mild oblique rebuke of president trump when he was con white house. so we see why all that stuff happened. but you're talking about the lion. how much more serious is the lying? all you're talking about there is a bat vet. but the lying seems like it is serious. >> you know, i could ask the question if this were a hillary clinton nominee who had done what we saw happen in the last three days. you know, just overtly saying, oh, i never ever knew about those documents or i didn't get those documents that said spying on them. >> right. which he forwarded. >> so i think i just have this sense that, yes, this is a foregone conclusion. it doesn't matter. and yet the granular level of

the handful things he's been cut out on is really disspiriting and it stands in such contrast to these testimonials about his character and he's a good dad. and he is, rachel. it's worth saying. he's great objectively. doesn't matter. >> nice guy. >> doesn't matter. and the weirdness of just sort of having been a lifelong operative in this machine and those are all the things that, by the way, get him in trouble, right? what gets him in trouble is when he's saying it doesn't matter what the process is because we're going to get these people on the courts. and that's such a pattern. in a way, it is such a paradox. it doesn't matter. that's kind of the through line here. that's what it is about time and time again. it's that given the opportunity to be sort of an operative, he

took it and now he's trying to say balls and strikes umpire. but all these documents are proving that he is exactly what he was, which is a part of this machinery, a huge machine that has had a decades long plan to install people like brett kavanaugh on the supreme court. >> senior editor and legal correspondent at slate.com, thank you for helping us cover this this week. we'll be right back. stay with us. but does psoriasis ever get in the way? embrace the chance of 100% clear skin with taltz. up to 90% of those with moderate to severe psoriasis had a significant improvement of their psoriasis plaques. most people were still clearer after one year. with taltz, 4 out of 10 even achieved completely clear skin. don't use if you're allergic to taltz. before starting, you should be checked for tuberculosis. taltz may increase risk of infections and lower your ability to fight them. tell your doctor if you have an infection, symptoms, or received a vaccine or plan to.

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>> i wear the same $10 blazers. i still have that blazer in the top left from 2008. i'm telling you this because tomorrow is the ten year anniversary of this show, which means we're really freaking old. in cable news years, we're like

1,000. we're like great uncle pete who is always falling asleep in the potatoes. we're like a long finned eel. this show has had a nine lives effect over the years. there was a big period of time when the top stories were about the tea party or voting rights. i was obsessed with this beauty pageant contestant. or the pack of owls attacking people in se lem, oregon. we are now in a different phase as a show and as a country, telling you tonight we will not always be in this moment. i do not know what comes next, but i want to thank you all for being here for all ten years of it. i want to thank everybody what that has worked on this show in the last ten years.