i'm joy reid. today after weeks of testimony, anguish and drama, we witnessed the confirmation of the most divisive supreme court nominee in a generation. this is the remarkable scene at the senate late this afternoon as protests are screamed in outrage as the vice president of the united states as he garvels in the final vote for brett kavanaugh. >> sergeant at arms will restore order in the gallery. >> the 50-48 vote for kavanaugh

is the narrowest in a generation and it came as protesters descended on capitol hill. donald trump praised kavanaugh before heading to a rally tonight in kansas. >> he will be a great justice of the supreme court. people have thought that for ten years. they thought he's just an extraordinary person, a great, great talent. and i think he's going to make us all very proud. >> trump tweeted that kavanaugh will officially be sworn in tonight though not in public. instead it will be done by chief justice john roberts and retired justice anthony kennedy in a private ceremony. >> the nomination of brett m. kavanaugh of maryland to be an associate justice of the supreme court of the united states is confirmed. >> but first let's look at the protests under way right outside the u.s. supreme court.

kavanaugh is inside. mike viqueira is there. tell us what you're seeing. >> reporter: it's an extraordinary moment. i don't know what else to say. the day was petering out, the crowd was thinning out. had been a crowd down at the supreme court where you see on the sidewalk for hours making speeches, cheering anti-kavanaugh chanting. and then let's look at the door here. and then this moment. just as they did at the capitol, rushing to the top of the steps of the supreme court and now besieging the front door of the supreme court. i don't recall ever seeing a scene like this. obviously a lot of passion in this crowd. whether or not there carries over to november is a distinction that nobody is concerned about with at the minute. it's getting hard to hear in here as we wade into the crowd. an extraordinary moment, joy, capping two weeks of civil

action of civil unrest, of protesters confronting senators as they walk through the halls of the russell building, the hart building, the dirksen building in restaurants, this is the culmination of all of that. an outporing of raw emotion and anger on the part of the protesters, joy. >> mike, thank you very much. let's bring in nbc's kasie hunt on capitol hill. what are you seeing there? >> joy, this is an incredibly divided senate and you're seeing on screen right now the fact that the country is also incredibly divided over this. what we're already deep divisions in the trump era have turned into open wounds in the wake of this kavanaugh fight. and you know, senator jeff flake said that the senate has hit rock bottom in terms of its relationships and the institution itself which has a long tradition of bipartisanship working together. a lot of the senators i've been talking to don't feel as though

that was the case here. this 5 percentage was the narrowest supreme court vote in american history. you can tell that here. i think there's a lot of questions going forward how this affects the midterm elections. i think you'll see a lot more scenes like this potentially as we get closer to that because frankly, both sides are now more energized. republicans feel as though this fight has done thing they couldn't do by themselves which is energize the republican base and get them excited about getting to the polls in november. their question is whether that lasts. mitch mcconnell called the protesters the mob and said that's what it is driving republicans potentially to the polls. does that holdle? for democrats this does a couple things. it potentially makes the path much easier in the house. the suburban women that were already going to be making the difference in terms of control of the house of representatives are if anything more energized

and angered about this. making -- helping them win there. but the map on the senate side is much different and their path is through incumbent senators sitting in red states and so they are more worried than ever now about whether or not they'll be able to hang on or perhaps mitch mcconnell will be able to grow his majority in the senate. >> what you're looking at now is donald trump disembarking from air force one in kansas where he is planning to hold a rally. trump tweeting just moments ago, the crowd in front of the supreme court is tiny so he says. looks liking about 200 people and i says most of the are onlookers that wouldn't fill the first couple rose in our kansas rally, et cetera, et cetera. let's move on. he's saying the crowd isn't big. don't believe the tweet. believe what you see with your own eyes. doesn't look like a tiny crowd to me. let's bringing in nbc's chief white house correspondent halle jakds. the president of the united

states pretending that he does not see there's a huge crowd not just in capitol hill but outside of the supreme court, as well. i'm looking at quotes from an interview he gave on air force one in which he dismissed the idea that women are actually angered by the kavanaugh nomination. what are you hearing from the white house? >> yeah, a couple things. he's actually -- his view is people are outraged about women in particular are mad he believes what happened to brett kavanaugh. that this is actually galvanizing women in his view. that's what he is telling reporters. >> hold on one second. i hate to interrupt. i'm going to come back to you. >> look what he's had to endure, horrible, false statements, just it doesn't get any worse. but the beautiful thing is he is now in. he's going to be there for a long time. he's just an outstanding intellect, outstanding scholar. brilliant lawyer.

brilliant in anything he's ever done. the vote was a great vote. a very historic vote. i just spoke to -- i just spoke to him two minutes ago. and i spoke to the justice's family and he's so excited. so we have now justice kavanaugh and he's a terrific man, terrific person. i just congratulated him. i said congratulations. it was well fought. who would have thought a thing liking that could having happened what he's been through. everything was uncorroborated. i want to thank the fbi. i thought the fbi was incredible. they worked hard and worked really fast. and i hear the report was really detailed, thorough. professional report. so i want to thank them. i want to thank the justice department because they also, they were working along with the

fbi really hard, really fast. and i think this actually, the extra week delay was a terrific thing for the process. so we have a great new premium court justice and he's going to be there for many years. we are very, very proud of him and what he and his family had to endure and it's a great testament and a testament also to our country. i'm going to make a speech. i'll be talking about it in a little bit. i know you'll all be there. thank you very much. >> reporter: [ inaudible question ]. >> no, not at all. no, no. great talent. >> the wait till the mike is back on. we have the president of the united states in a bit of gas lighting there trying to say that the protests are really people who are angry at what happened envelope his view to brett kavanaugh. not people angry that will brett cavanaugh has been nominated to the supreme court. you're out there in the crowd.

have you found many protesters upset on behalf of brent kavanaugh? >> whose court? our court. >> do we have mike viqueira? i don't think we have mike. let me get hallie jackson back. hallie, we're looking at the protests. we can see them. we now have police heading up the steps of the supreme court. you see a lot of very passionate angry people. i don't know if you've been down on the capital steps or an up the supreme court steps. donald trump would like the country to believe those protests are people upset what happened to brett kavanaugh, not the fact he was credibly accused of sexual assault and is yet on the court. which of those two things is true in your reporting? >>. >> i'm looking at exactly what you're looking at, signs that say we believe women. clearly anti-kavanaugh protests. it was notable what the president just said.

one thing to step back and put this in perspective. he talked to brett kavanaugh within the last couple of minutes. at some point, brett kavanaugh will be sworn in as the next associate justice of the supreme court. here's is the thing. he will be there for a long time. brett kavanaugh likely for decades after donald trump is out of office because there is a finite time period that will happen. but brett kavanaugh long after that will remain on supreme court and be part of the trump administration legacy. that is a major victory for donald trump. he knows it. that i think joy, is why you're seeing him so eager to talk to the press. he first of all called phil rucker at "the washington post" on air force one. he was calling senators. he talked with reporters on air force one. he got off and stopped with reporters again. he's now going to a rally where he's going to talk about this yet another time as these protests are happening. the president i'm told from sources i talked to at the white house is feeling confident and optimistic how this relates to

the midterms, how this relates to november. he's been looking at polling. this is a president who likes to know about the polls. that's been true true since his campaign. he's seeing republican intensity and enthusiasm that -- he said something very interesting on the plane. he said he believed that mississippi speech he gave, remember when he mocked christine blasey ford for her accusation against kavanaugh, he thinks that made in his view an important difference in all of this. believing presumably that galvanized republicans. the question is whether that's a sugar high or it sustains through november. >> thanks very much. miking is in that crowd. we saw the police were heading up the steps of the court. a lot of protesters there. donald trump seems to believe there is as much or maybe more in his view passion on behalf of brett kavanaugh as against him. you're out there. which is it? >>. >> reporter: well, right now we're trying to avoid being

arrested on the capitol steps. as you can see, the police are not arresting people but sort of formed a human cordon to move people down. one sort of forcefully telling it people to get off the steps. you know, again. >> i am drunk. >> reporter: there's a distinction that people are making that are not -- people are not making here about the politics whether there's a backlash, whether there's the tactics like this are going to backfire. i think it's fairly obvious from the pictures and the sounds you're seeing right now that that is a distinction that's well beyond many of these folks. you just feel like you're in a moment here, joy. i know the republicans ted cruz, mitch mcconnell and the president look at these pictures and think it's good for them politically. everybody needs a foil. whether they're right or wrong i'm not in a position to make

that judgment right now. this is an incredibly passionate crowd and culmination to two weeks of protests both outside and inside the halls of the united states senate. joy? >> and mike, stay with me for one more moment. have you ever seen anything like these kinds of protests tied to a supreme court nomination before? >> reporter: i have to say, it was the end of the day. the sun starting to go down. crowd was thing out somewhat. i thought they were losing energy and then suddenly, a swarm these protesters running up the steps of the supreme court in almost will identical fashion to how they did earlier in the day on the east front of the u.s. capitol. so a lot of passion. i mean, it goes without saying. look on the faces of these protesters. an extraordinary moment. i've been a journalist in washington for 28 years. i wasn't reporting during the '60s but i don't recall ever

seeing a scene liking this where protesters knock on the front door of the supreme court. joy? >> nbc's mike viqueira. geoff bennett is in topeka, kansas. jeff, the president and members of the republican side in the united states senate seem to think it is an unambiguously good thing for them that this nomination went through today. they don't seem to recognize that there is another side. they believe that the women whom are protesting are protesting for brett kavanaugh and believe there is a win, win, win going into november. tell us what you're hearing in the crowd. is there any consciousness among that crowd there are people incredibly devastated by what happened today? >> reporter: in a word, no. i've seen people wearing shirts that say #kavanaugh naug strong across the front. in the zero sum game of politics, a win is a win. the specter of donald trump

cementing a conservative majority on the court for a generation is the thing that cemented a coalition of conservatives behind him even those people hole are misgivings about donald trump the man. you're seeing protests there on capitol hill and at the supreme court. here in kansas state, a an state trump won by 20 points, it's the exact opposite. we caught up with some trump supporters to ask what they thought about all of this. here's what they told us. >> he's a constitutional judge. because he seems to be a person that takes everybody's of situation seriously and tries to be very fair. he's a good family man. >> if i was a man, i would listen to it because if my girlfriend an cues me of something, am i automatically guilty? am i going to the pokey? >> so in this me, too moment,

the cultural reckoning that it is, it's safe to say any lessons learned from fallen on deaf ears when it comes to president trump. on air force one, he talks about the message to young men. what's the message to women. he told reporters tremendous numbers of women as he put it are in fact scared for their brothers, sons and uncles in the cases they might be wrongly accuses. the president and his supporters are claiming there as a win. frankly it seems like an inappropriate thing to characterize it given the personal trauma on dr. ford and the political wound it opened in our country. certainly that's one of the things we expect him to talk about when he takes the stage. you can see the banners, props made, promise kept. those where is there before the vote was said and done. that was the expectation the president would boast about that, about the jobs numbers, about the trade deal he clinched. this has been a good week for donald trump. he feels that way as do white house officials snooshs chuck bennett, thank you very much.

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comcast has connected more than six-million low-income people to low-cost, high-speed internet at home. i'm trying to do some homework here. so they're ready for anything. we are watching remarkable protests unfolding right now at the supreme court. let's go now to our panel anne guerin, west white house correspondent, shannon pettypiece, bloomberg news, josh gerstein, politico senior white house reporter and jill abramson, former executive editor of "the new york times." i'm going to go right down the row and ask each of you to give me your take on what you're seeing. it strikes me josh, there is a complete binary here where you center protesters out there enraged and then you have in kansas donald trump supporters and around the country who say this is an absolutely win and

who are really, this is not moving them at all. the pain and anguish of these people doesn't matter. they won. this is about the court. there are cases implement. this could happen very soon that be brett kavanaugh could weigh in on some pretty important stuff. >> there's short term and long-term considerations bowing at the court and in politics. there's a question how this plays out in the next four to five weeks into the midterm election. also is the gop perhaps on the wrong side of a generational moment as we've seen perhaps on issues like immigration before where the demographics get away from them. at the supreme court, cases are coming up quickly. i'm looking at it as soon as this week with justice kavanaugh being sworn in. he may have to vote as soon as tuesday or wednesday on some executive power issues whether op members of the trump cabinet have to be deposed and testify in court about issues related to immigration and citizenship. and the census. so you saw the administration moving really quickly to get him

sworn in tonight. so he'll be ready to take the bench after the holiday on the holiday. and be ready to vote. >> he's now beholding absolutely to donald trump and declared himself a partisan for him. >> he seems to align himself with the president on a lot of issues. you see alignment with republicans across the board. with the issues they're interested in, with the federalist society and conservatives and how he's managed to unify the party, even people that don't agree with the president on some issues like immigration particularly on issues like trade and tariffs. . a lot of republicans don't agree with the president. on this issue of putting a conservative on the court, you have almost complete unanimity among republicans in support of that and getting kavanaugh into this seat. >> anne guerin, i'm going to go to you next. the reality is i think there's this perception in our business in the media that there are

multiple wings of the republican party. it strikes me we discovered this week that is not exactly true. there is one wing of the republican party. they intend to hold onto the court for a generation or more. there is no other moderate wing. >> i think there are schisms but all those are willing to unite behind a few things. the most important of which is a supreme court nominee who is a committed republican operative, has been for 25 years. >> sarah huckabee sanders tweeted openly not shading it, we now have a 5-4th majority agreeing that the supreme court is a partisan body just like the congress. >> we've had a 5-4 split on the court for really much of the last 15 years in many of the most important cases. what will this appointment does, what this nomination now confirmation does is cement that squishy middle that sometimes went the other way. and it certainly.supreme court

justices have surprised the presidents who named them once they got onto the court and turned out not to vote the way they were specced. think of suit earn stevens. but that seems highly unlikely, less likely in kavanaugh's case than any justice who has come to the court in that 15-year period that we had a middle. there is no more middle now. >> shannon, i wonder if in your reporting when you talk to republicans who probably feel very good tonight whether or not they feel that will settling even deep near that binary where the republican party is the party essentially of white americans or conservative and the democrat are the party of the people of color, minorities, immigrants, lgbt, everyone else who doesn't follow under the rubric donald trump says he's out there working for. whether or not settlinging intoing that and dragging the court further into it long-termite be a problem for the republican party. or are they thinking we're driving forward, we own the court, it doesn't matter.

>> at this point, everyone is trying to get as many points on the board as they can. it's one battle after another. when you talk to people in the white house, this was a battle against the democrats. the democrats these people in front of the court, these are their opponents. it is very clear the lines are drawn, shirts and skins. i know it's been that way for awhile. i think what makes this moment so strikinging in this partisan divide, there are protests in" fro of the supreme court when there's big controversial rulings affirmative action or abortion. this is a protest about the court itself, not an issue. we would be divided on issues and make disagreements about issues. but protesting and being dispirited in the court itself i think that is a historic moment in the change what the supreme court means in our entire government, our system of government that i don't know how we come backing from that. >> jill, i'll go to you on that question. bush v gore was the first time a

lot of americans thought of the supreme court as not simply a body that interprets the law but that could pick a president and was willing. the majority worked their will and decided who would be the next president of the united states. you now have a supreme court justice who has openly declared himself a partisan, who invoked the clinton wars, who essentially declared himself to be one of the shirts versus skins can openly to the point where he had to slightly walk it back in a "wall street journal" op-ed. what does that mean for the esteem of that body we're seeing being protested right now of the court if people believe it's just another branch of the legislative body in congress? >> i there that the past week has left an indelible stain on all of the institutions on congress, on the white house. and now on the supreme court. and that moment in the hearing

when brett kavanaugh talked so defiantly and angrily about the fact that he thought dr. ford's emergence was revenge plot on behalf of the clintons was like nothing i've ever seen from a supreme court nominee. and you know, a bedrock of our system of government is the belief that the supreme court is not partisan. that it decides constitutional issues fairly and with some distance and to see you know, the bitterness right now is -- is just -- it's terrible. and you know, i thought a lot throughout the past week. i wrote, i co-wrote a book "strange justice" about the clarence thomas, anita hill

hearings. those where is very bitter, too. but the process in some ways for those hearings as terrible as it was and as unfairly as anita hill was treated was preferable to the past week where we had kind of a sham hearing which was designed to end in a he said, she said stalemate with only two witnesses. an incomplete fbi investigation. dr. ford not able to publicly present any of her corroborating witnesses. it just -- it was really just brute political force on behalf of the republicans. and i don't think there was really all ha much doubt about the outcome. >> yeah. i agree. i think the reporting there was somehow hemming and hawing on the republican side doesn't strike me as authentic. they all made up their minds they were going to vote for him.

the question i have now i guess is donald trump has now managed to drag in the supreme court. he nominated essentially himself when you saw the performance of brett kavanaugh. but now he's also dragged in the fbi. you heard donald trump doing something he has not done since he's been president, praise the fbi. now he has caused them to essentially do his bidding. a sort of fake investigation where he can say they're doing a great job. everyone is now tainted. >> yeah. donald trump has gone through the list of american institutions one by one and criticized them on some grounds or attempted to undermine them on others. including the courts. remember, he went after judge curiel and sort of the rest of the judicial part of the legal and law enforcement system as a candidate. i think he sees here an

opportunity to kind of bring the band back together. right? who knows what will happen to jeff sessions after the midterms. i think all bets are off there. but in the meantime, this is an easy one for the president. >> josh, he's expecting payback. i presume the white house expects that kavanaugh that you now justice kavanaugh will rule their way and be in lock step or else. >> i think on the court it's going to be very interesting if you see it go from a court that swings back and forth with a lot of 5-4 decisions to more 6-3 decisions and seem to be leaning steadily in a conservative direction, the court will be even more viewed as a way of extending partisan power as opposed to a neutral arbiter. just yesterday, elena kagan expressed concern during remarks she gave at princeton saying without that swing vote on the court, whether it was kennedy or o'connor or others before them, the legitimacy of the court may

be at stake. >> i don't think trump is above calling out and shaming on twitter individual justices. i mean look how he's attacked his attorney general. if someone were to rule against him, think what he could do on twitter. that gets to the bigger point of the risk of dee legitimizing the court. we follow the court rulings. the court sand send in the military or the police. we have to agree we'll follow their rulings. if the president chips away at that where does that go. >> everyone's been dragged in. anne guerin, shannon pettypiece, josh gerstein, thank you very much. the "associated press" is reporting kavanaugh has officially been sworn in in private. we'll have more on that and the protests from the supreme court when we come back. e protests from the supreme court when we come back. i'm ken jacobus, i'm the owner of good start packaging. we distribute environmentally-friendly packaging for restaurants. and we've grown substantially.

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. >> november is coming. november is coming. that was the scene outside and inside capitol hill today where protesters enraged by the confirmation of judge brett kavanaugh to the supreme court stormed barricades and brandished signs that read among other things i believe dr. christine blasey ford. it wasn't just in washington. protests erupted throughout the country showing just how

divisive this battle has been. let's bring in mike viqueira. mike, give us the latest what you're seeing. those protests till look pretty thick. >> reporter: let's get you up to date. it's somewhat filtered out here. we've seen the united states capitol police and supreme court police move the bicycle rack cordons across the front marble plaza of the court forcing and getting people to come down off of those steps. everybody's back on the sidewalk now. it's pretty much a status quo. a fraction of the crowd we all here just a few moments ago over the course of the last hour. that remarkable scene as protesters mimicking what had been done across the street swarming the steps to the supreme court rushing up to the enormous brass doors and banging on them. i don't know it was the moment that now associate justice

kavanaugh was being sworn in. judging from the news accounts and contemporaneous accounts, it was pretty close. a remarkable scene at the end of an extraordinary day in washingtoning. >> yes indeed. thank you very much. appreciate your reporting. justice brett kavanaugh judge brett kavanaugh now becomes the 114th justice to be on the supreme court. questions about his temperment remain. "the washington post" reports the dc circuit court of appeals was recently sent more than a dozen misconduct complaints to chief justice john roberts. roberts chose not to immediately refer the complaints many of which centered around questions of his kavanaugh's honesty and partisanship for further investigation. that means kavanaugh will sit on the highest court in the land. glen kirschner, and a slr fellow at the brookings institution. >> glen, despite the fact that

brett kavanaugh now has a lifetime see the on the court, ethics complaints can be sent in what do you make on the day he was worn in, more than a dozen complaints came in. >> it's not unusual for people to level complaints against sitting federal judges. i have seen reporting where judge hinder son of the d.c. circuit has been forwarding these complaints up to chief justice roberts in recent weeks for action. again, the reporting says no action has been taken. i suspect that because he has now been elevated, these complaints die a slow death. and i really don't think anything will come of this ultimately. >> ben, the swearing in of a supreme court justice is a ceremonial affair. there are aspects of our government that are purely ceremonial. they're about sort of bringing the country together for a moment that everyone should agree is part of the peaceful transfer. it's part of the way our system works. fact that this is being done in

private, donald trump victory lap saying this is all good, saying the women angry are doing it privately. they'll release a photo. it's been done in secret. what do you make of this moment. >> i think normally a justice's swearing in is a private thing. sometimes they have a sort of more public -- even that's not public. larger investy tour later on. i don't think there's anything unusual about having a private swearing in. i do think there's something highly unusual about having a private swearing in while there's really passionate protests outside. i think that that's a reflection of the, you used the word asterisk in your enttroduction. that's a reflection of the aster risks that are going to attach themselves to his name and face for a very long time. on the one hand, the court will go through the motions of embracing him with open arms. he will get a vote. he will get a robe.

he will get all the trappings of being part of this court. he will get all the adulation that comes with being a supreme court justice. on the other hand, there will be this sense that people have with regard to him and most people you know, will not ever say it to his face, will not -- he'll still be justice kavanaugh. a lot of people will have questions whenever they see his name in news stories or on judicial opinions. that's what you're seeing on the steps of the court right now. >> the problem, joy, this is really a win-win for the president but a lose for the country. the reason i say it's a win-win, first and foremost, he is now justice kavanaugh. we have all heard his academic position, maybe not his judicial position but his academic position is that a sitting president can't be criminally investigated, indicted or tried. essentially, the judge seems to want to make him king for a day or king for a term. that is not what our country is

about. it's not what we were founded on. so and the second win is we now hear a chorus of voices going up, criticizing the fbi, yet again for what people are saying was and i complete shallow un e unduly truncated investigation into judge kavanaugh's background. you know that i suggest pleases the president because he loves to berate and belittle and demean the fbi. if you no tfollow the breadcrum the complaints should be leveled at the white house. they're the one who's limited the fbi in what it can do. >> president was able to put a graeth death grip around the fbi and drag them in and say you helped me do this. it's tairnted them again. you mentioned this asterisk. i guess the question is, there are two ways that brett kavanaugh can play this. michael beschloss raised the

concern, this abby justice who is very much indebted to the president of the united states. something the founder did not want. he can trial terrify take that off his name by trying not to have his decisions be overly partisan, by not trying to always be on the side of these 5-4 decisions. he could do weather john roberts did with the obamacare decision and put a little bit of distance or he could come in and get revenge and say all my ennys burn now that i'm a justice. which way do you think he'll go? >> so i'm of the perhaps rare belief that most justices in most cases aren't actually they'll strategic and they look at cases and they you know, influence by whatever factors influence them try to vote and write according to what in their light is the right reading of the law. so i think these things largely operate subconsciously. if you look at kavanaugh's

history as a judge, i think it is fair tore describe him as you know, leave aside his performance last week, which is something. >> which is hard to do. >> i'm talking about his 12 years as a judge, as a very careful, quite conservative judge. and he's somebody who you know, he's extremely well prepared at oral arguments. he goes through the record very carefully. he really knows what he's doing. he works very hard. and i do hope we will return to that as he promised in his "wall street journal" op-ed that brett kavanaugh. that said, a lot of people will not believe it. and even that brett kavanaugh will you look like as you describe, a sort of let them all burn conservative to a lot of liberals because he's a really conservative guy. and so i think it's actually a no-win situation for him.

largely i want to stress of his own making. and you know, this is what happens when you go on the court with aster risks by your name. it's a very hard situation. the only way for him to resolve it is to be a very rigorous, serious, independence straight shooter over a long period of time. you know, i don't think there's a short cut. >> it's difficult to do that. i read omarosa's book. she said the way she got the apprentice gig, she became donald trump. there's no way to unring that bell. he has said there's a clinton conspiracy. a case that involves democrats if it comes before court, what does he do? >> he really did sound donald trumpesque in the hearings when he became i think it's fair to say a little unhinged invoking the clintons and conspiracy theorys. it remains to be seen if he will pull back and use his attention to detail and thoroughness for good or rettory bukz against

what he perceives to be the forces aligned against him. some people would say you know, he knows a radical conspiracy when he sees one because he used to be part of the ken starr team. i'm not accusing the team of that. that was an intensely partisan endeavor. he was on the other side of it. we all hope that he is now going to pull back and be more judicial, be fair, be even handed and not seek revenge against the forces that just days ago seemed to enrage him. >> since i have you here, before we go, i can't condition let you go without asking you about this case. gambill versus the u.s., one of the cases that potentially he could rule on. is this case a threat in terms of could it open the door to donald trump being able to let's say pardon paul manafort and he can't be tried in the state? >> i think in theory, you can make an argumenting it cog having that effect. the likelihood in my judgment is very near zero. the legal issue in the case

which involves the so-called dual sovereignty doctrine is very complicated. but i am quite confident sitting here there are not five votes on the supreme court to overturn the very old he dual sovereignty doctrine and i have no reason to think that conservative justices are more likely to want to do it than liberal justices. >> i don't think he knew he was going to do that today before a lot of people. that was a very therapeutic statement. we're watching the back of the supreme court now where protesters are getting ready for the departure of supreme court justice brett kavanaugh. the "associated press" reports he was sworn in a short time ago. stay with us. in a short time ago. stay with us a once-in-five hundred year storm

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♪ mitch mcconnell wasted no time counting up the political benefits from his party from the kavanaugh fight. >> the tactics by the democratic senators and by the virtual mob that's assaulted all of us in the course of this process has turned our base on fire. >> mob. new polls show mcconnell may be right. before the hearings in july '68% of republican voters said the november midterms were very important. after that it jumped to 80%.

it's not just republicans focussed on the midterms after the kavanaugh fight. with me is david. before these hearings the immediate y was still able to pretend there was a moderate wing of the republican party. i think you're the mod cat ring of the republican party, and you're not in that party. can we show that notion to the dust bin of history? >> this is the closing chapter of that. sus this is a fiction that one thing we have learned through the kavanaugh process is there is no right wing of the republican party anymore. >> trump is asked what message the kavanaugh nomination sends to women and this is his answer. >> what is your message today to the women across this country who are feeling devastating,

feeling like the message sent here -- >> i don't think they are. i think, actually, that women look at the biggest -- i can tell you the people that spoke to me most -- in the strongest of terms were in his favor were women. women. women were outraged at what happened to brett kavanaugh. outraged. >> if the producer could break, thank you. put it back up. reel up some of the tape from before, from earlier today. jason, donald trump says the women who were out there, people who were trying to storm the supreme court, don't exist. that you didn't see them. this is classic autocrat behavior. you didn't see them, and if you did, they were protesting for me, not against me. >> yeah. you believe what i say or believe your own eyes. he's like every abusive man out there. women don't exist. their opinions don't exist, or they're led by some evil anti semitic kabul.

the problem with how this is happening is the way in which the people who have legitimate concerns about kavanaugh has been demonized by the republican party. now you put someone on the court who made it clear through a speech that he's basically going to take revenge on any and everybody who he feels wronged him in this process. this whole thing is damaging, and electorally, everyone has to -- basically it's not just midterm vote which is important. people are going to have to vote now because who knows what could happen to voting rights with a kavanaugh on the supreme court. >> if justice roberts is the moderate, he gutted the voting rights about. david, you now have republicans, essentially down to -- white americans, white conservative men and women, they are pulling that -- they're making that tent smaller and smaller and smaller. but in their mind, it's worth it. can the republican party survive long term if they go down to the hard bitten people who feel incredibly enraged about

president obama ever being president and who want president trump to burn it to the ground. >> republicans have only won the popular vote once. instead of trying to address the gap in why they're losing it, they're doubling down. we spoke about gop intensity in the last week. there's something very important to understand about this. i think republicans are miscalculating this as well. the spike in gop intensity means that republican voters are more excited to support republican candidates. it does not mean that the republican party is attracting more voters. the voters they are going to lose through this process are the women you describe who had said i saw a united states senate say we don't believe women. and, in fact, they took the message further and said not only do we not believe the women, but this has become a war on young privileged white men.

that message doesn't sell in most communities. >> can we put that picture back up of the swearing in? jason, what republicans are arguing is that getting that picture is worth it. right? for the republican base, that's it. that's all they care about is getting that. and that no matter what women had to go through, so what. >> it doesn't matter. and what's interesting, i found is in a lot of the responses from the members of congress and the senators who were bring themselves to say i believe dr. ford -- >> the lady got it wrong. >> she was confused as to who attacked her. it is worth it. they have a supreme court justice is who is going to be there for 8,000 people. people who are angry and mean, they never die. they stick around forever. the issue is going to be whether or not any of this has an electoral impact. the problem is like i said before, form congressman jolly mentioned it. the republicans are excited about their own people. look at pennsylvania, new mexico, michigan, minnesota,

iowa, all of these swing states that trump won are about to get democratic governors. that means no voter suppression in 2020. a lot of states are going to go through no matter who the democrats want in 2020. >> david, can the republicans survive on minority rule long-term? >> no. the breaking moment here culturally is this. the american people have seen the republican majority say we don't believe women and this is a war on white young men. when what they want to hear republicans say is teach your kids no means no and sexually assaulting women is wrong. >> we should hope that's the message. thank you both. that is our show for today. be sure to join me for "a.m. joy" tomorrow morning. managing my type 2 diabetes wasn't my top priority.

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good evening. i'm with you on an historic and divisive night. the confirmation of brett kavanaugh. moments ago kavanaugh sworn in by john roberts. his wife and daughters were there. the senate voted to confirm him by a 50-48 vote. that is the most narrow vote a nominee to the high court has gotten in more than 130 years. the allegations of