>> thank you for taking time to talk to me today. >> thank you very much. see you, chris. >> that is "all in" for this evening.fo "the rachel maddow show" starts now. >> thanks, my friend. muchha appreciated. thanks to you at home for joining us. george w. bushom was reelected a second term as president in november 2004, of course. that means his second term in office started in 2005 and that first year of his second material,s 2005, it is remembed mostly for, well, escalating public outrage over the on going war in iraq. it is remembered for the tremendously and fatal disaster known as hurricane katrina and failures thereafter and although we don'tr remember it as much now,it looking back on it now, the time, one of the big bad things that really took up a lot of spacek in the news in 2005,

alongside those other bad things was bird flu. that was the other thing that happened in 2005, the international freakout over bird flu. deadly bird flu found across asia. bird flu in turkey is deadly strain. lethal bird flu. week after week after week after headlines like this, particularly in the later part of 2005. here is the b.b.c there hitting peak freakout. bird flu could kill 150 million people. by halloween that year, 2005, "nbc nightly news" was airing terrifyings" packages like thiso inform you what the freakout was about and let you know soberly that really, you should be as freaked as out everybody else because there is nothing you can do to protect yourself. >> among dozens of influenza strains, it is worrisome because

it's spreading rapidly in birds andap infecting a few humans, often fatally. if the virus mutates to spread person to person, millions around the world could be infected. that is called a pandemic. how likely is a pandemic any time soon? nobody knows. what can families do now to protect themselves? experts say that before a pandemic efstrikes, there is little individuals can do that's why there is so much depend from prepa prepareness. >> imagine this ran on halloween night on "nightly news" in 2005. the big word pandemic shaking across the screen, the hitchcock view of the birds at dusk and the looming shaking blare witch footage of the hospital bed that waits for you. halloween 2005. the next day november 1st, 2005, president george h.w. bush went to the national institute of healthio to give a very sort of

tense and auncomfortable speec about bird flu and why you should freak a out about it ande was there to announce there would be a new federal plan. >> my responsibility as the president to take measures now to protect the american people. if theme virus were to develop capacity for sustained human to human transmission, it could spread quickly across the globe. if allowed to smolder undetected. it can grow to an inferno that spreads beyond ourn ability to control it. >> early detection stockpiling and ready response from all levels to contain the spread. >> that was november 1st, 2005. president george w. bush and he's theret announcing to prepe for oncoming pandemic that's going to kill 150 million

people. and that was 14 years ago and nobody much remembers that now about that part of the george w. bush administration but it turns out event things like that tha do not loom large in history, they sometimes come around again in ways that could be helpful for our current round of presidential problems. we are now in the second month of the federal government shutdown over president trump's demand that we build a wall between the united states and mexico. we have never had a government shutdown this long. so there is no existing game plan for how to keep the essential functions of government rolling while no money can be ex pended and they are not being paid. in the federal courthouse system in new york state, not new york state courts but federal courts in new york, the ad minuadminisd

among the strategies they are employing to administering the justice system while nobody is being paid,e among the things they are starting to do is that they have dusted off the old bird flu plan from the george w. bush administration. bush gave that uncomfortable speech november 2005, it did in fact set in motion planning across various agencies and elements of the government to be ready to have contingency plans in place in the event that there was a worldwide and nationwide bird flu pandemic that was going to bring the united states and maybe even the whole world to its knees. ao little bit over a year afte the bush administration presented that plan or a ordere that plan after bush gave that speech, the justice department and its burro of justice assistance in fact rolled out this nuts and bolts plan. they called it an emergency road

map for the courts for continuing operations in the event of a worldwide bird flu pandemic. quote, while it may be difficult for court managers to invision operations and plan for such a scenario, itsu is important ter plan take place before it occurs to see if a pandemic occurs is to risk the future operation of the court at a time it would be most needed. should a pandemic like old government agencies will be seriously affected. it's estimated 40% of the work force will be unable or unwilling to lereport to work. such a reduction of available human resources could be catastrophic to the continuation of court services and courts need to develop mechanisms in a manner that doesn't jeopardize the health and safety of the judicial work force or members of the public appearing before the court.g

this is what they were contending with. this is what they were trying to plan wefor. a 40% of everyone has the bird flu how did they imagine in 2007 that the federal court system would be able to still stay open if forta no other reason they would have to be ruling on the inevitable orders and emergency actions the government would to take with the dealing of the gigantic bird flu pandemic. what did they think they could do? they could fax quote the courts pandemic emergency c plan shoul consider alternative methods of accessing em plo i yeahs ployee expertise and computers with fao machines and tell lacomecommuni. public officials or the court may deem it necessary to restrict public access to prevent the spread of disease. the court should consider the

nee tour employing technology like televised court proceedings may help remedy this issue. what if you can't let anybody in the courthouse because everybody has the bird flu or if you don't have the bird flu, you might get it if they brought it into the courthouse. this was the plan they came up for the u.s. federal court system in 2007 in case judges or defendants or any of the court staff couldn't come to the courthousef because of all the bird flu killing everybody everywhere.ve according to the administrator of the federal courthouse in the southern district of new york right now, that is the exact plan they are dusting off right now to try to cope with the crisis that we are in now. which of course is man made, not bird made. the the administration says we have old plan put in place many years ago with the bird flu, we'll dust it off. the basics of the plan, judges would stay home. court staff would stay home.

attorneys would stay home. but when somebody is arrested, they need to be seen for a bail hearing in aert seas certain am time. the backup plan isa hearings by video. so the bird flu pandemic plan formed after george w. bush gave that awkward speech in 2005 was developed by00 2007, sent aroun to courts around the country in the federal courts in new york, they say itl is tested annuall but according to this report from wnyc, the old bird flu plan will get a thorough workout this week in the southern district of new york. quote, prosecutors and marshalls accompanying defendants to hearings will participate with a camera link withe judges, lawys and prosecutors. so this is the plan now. we will all just pretend that we have potentially fatal diseases and we'll work that way and maybe that will be cheaper. and so maybe then we can keep going forwe longer. that's the plan.

that's the only plan -- that's thepl closest thing we have to plan to deal with what we're doing to w ourselves right now. as we ended one month of the federal government asshutdown lt night, one of the things we reported on last night at the top of the show was the prospect fbi agents and federal law enforcement and national security personnel could potentially be in trouble because of the shutdown in terms of their s security clearances. if they continued indefinitely to be put under serious financial strain by the shutdown. serious financial strain is a red flag for security clearances because if you're under serious financial strain, the idea is you might be more susceptible to bribery or anybody else financially enticing you to give up information or do things you shouldn't otherwise do given the sensitive or national security information you have access to. today the fbi agents association held a press conference and put out long sort of scary document

warning about just those kinds ofse threats. quote, fbi special agents are subject to high secure city standards that include rigorous and routine financial background checks, missing payments on debts could createba delays in securing or renewing security clearances and s disqualify for continuing to serve in some cases. the head of the association was asked about that by reporters today. he had a stark response. >> we have to go through rigorous background investigations to become an fbi agent, annually, agents have to do a financial disclosure. every dollar that is attributed to us has to be documented and if there are any defaults on loans, any missed payments, your credit report, history is extremelyst important because i goes towardsrt your ability to have a security clearance. this lack of funding to the fbi is hurting operations.

it is hurting personnel across the board and it is going to hurt our recruitment and it is going to hurt our retention. fbi agents that are currently on board have opportunities to go into the private sector and double or triple their current salaries. you tell me what you would do if your family needed security financially and you're not getting it. >> head of thege fbi agent's association was also's asked toy about basically bottom line, how bad this gets in terms of public impact, in terms of public safety as the shutdown keeps going given the impacts he was describing on the fbi for the month of shutdown that we've already been through. gets asked that question, watch him try to answer that question here. watch for the pause as he tries toe figure out a way that woul be okay to answer that question. >> if the shutdown continues,

what is the worst-case scenario in terms of public safety? >> the fbi needs to be fully funded so that we can do our jobs, stop terrorists attacks, prevent criminals activity, arrest bad guys. that's whatre we do. we need to do that to keep this country safe. >> the fbi agent's association as i mentioned distributed this document, which is full of sort of granular information from vin individual agents around the country hows exactly their wor in law enforcement and national security is getting screwed up by the shutdown. this is from an agent working both overt and undercover counter intelligence matters against a top threat to national security. that's how the agent is described. these are the agent's words. the shutdown has eliminated any ability to operate.

it is bad enough to work without pay but we can only conduct administrative functions while doing it.ni the fear is our enemies know they can run freely. another agent in the northeast region says hequote, the operational impacts of the inm. another agent in the southeast region says quote with staff from the u.s. attorneys office, meaning federalat prosecutor's office being furloughed, approximately 20 plus grand jury subpoenas that are not being delivered. and that actually turns out to be act reoccurring theme from t agents inhe describing how the shutdownsc basically stopped thr work. here is toanother. quote, i've been advised by our u.s. attorneys office that because of the shutdown, there are no funds allocated to pay for grand jury subpoenas that, only emergencies are being issued and non-emergency subpoenas that will be put on hold until the shutdown ends. i mean, this is the premiere law

enforcement agency on earth, right? this is where they are at right nowey heading into month two. quote, we are out of tires. our mechanics are canblizing tires. supplies needed for forensic processing are not replaced. we're almost out of trace evidence filters, casting mater yi -- material and dna swab kits. we're out of tires. so when does this end? the national head of the aclu freaked me out on this show last night when he said a serious as a heart attack he fully believes this shutdown is indefinite, that there is no reason to expect that we will have federal government in any foreseeable future. this afternoon, there was a little flurry of excitement when

"the new york times" briefly posted senate leaders agree to vote. senate leaders agree to vote that offer possible path to reopen government. i say they briefly posted that headlinete because they quickly took it down when it became clear the republican leader in the senate mitch mcconnell is offering no such thing. hesu keeps putting up actually increasingly conservative, increasingly hard lined versions of the bill that says the president wants tol build a wa between us and mexico and maybe he does want that and maybe senate republicans want that more than anything but just putting up that bill over and over again isha not a path thats ever going to end the shutdown. tomorrow groups across the country will hold a call in day asking people to call their own u.s. senators, just the home state u.s. senators to urge them all, all senators, republican andat democrat to vote for the bill that's already passed the house that would cleanly reopen the government withly no other changes with no other policy commitments and we willli see i thatd national call in day mak

a lldifference. i don't know. ultimately here, something will have to happen, right? i mean, however much the president and congressional republicansre really want to bud a wall between us and another country, presumablpresumably, t have to agree to reopen the government at some point while they wage the fight to achieve that end. right? i mean, log jams do break. stand offs do end. straight lines curve and sometimes there are surprise endings. today after an all night negotiation session, the l.a. teacher strike came to an end. it was a six days, more than 30,000 schoolteachers on strike. thech second largest school district in the country. those teachers are now expected to be back at work tomorrow morning. their strike will end with the teachers having achieved a modest pay raise for themselves but also a start on smaller class sizes. a guarantee for nurses in the schools and librarians in the schools and counselors in the schools.

many of the schooln kids who walked out alongside teachers to support them in the strike, the school kids wanted an end to the random search policy where kids at some schools were being stopped and frisked like criminals just forke literally showing up to school. the number t of schools where tt sort of policy is in effect will be significantly reduced because of the ending of the strike and the terms on which it will now end. standoffs do end. fights get fought and get resolved. and while we try to figure out how to big one ends. i mean, our various crisis and conflicts and dramas persist. the u.s. supreme court ruled in on the c ban of transgender service members and the mystery casean involving a subpoena for the special counsel's office to some unknown company owned by an unknown country. we'll get expert advice to talk about the actions later on this hour. just tonight, in a blockbuster vote in the house of

representatives, the house voted overwhelmingly. look at the vote, 357-22. that vote tonight in the house tot express support for our mo important military alliance, nato. and to block any effort by president trump to destroy nato by pulling the united states out of it unilaterally, that's a policyal outcome he made multip runs at over the last year if anonymous senior trump administration officials talking to the "new york times" are to be believed but that vote to support nato and to block trump from pulling out of it including every democrat who voted in the house tonight and it includes 149 house republicans. who crossed over to vote with the democrats and against the president on that. 149 republicans. only 22 republicans voted no. that newss arrived tonight alo withgh word that in the house democrats have just added a whole bunch of aggressive progressive membersgg of congre to the crucial government oversight committee.

the government oversight committee, if youve want to picture this, that's the committee that has oversight over kind of everything. it's chaired by the congressman elijah cummings who will likely end up being one of the most powerfulth democrats in washingn once his oversight committee is up and running and firing on all cylinders. a key part of that is finding out who his members are. the new members will include high-profile groprogressive freshman. buckle up if you were not already expecting the confrontation between this new democratic house and the trumpt administration to come with t fireworks worthy of any good fourth of july.h so a far cry from the trey gowdy oversight committee. cabinet officials are like dropping like flies and gowdy is like i don't know if we need to

oversee it like we need to overlook this. i just -- things do change. n impasses get passed. old dusty plans that might have seemed like asmisfires come arod and turn out to be useful down the road. maybe you're imagining 40% of your work force can't come to the courthouse because of president trump, maybe the same plan willbe still work without e infection. things do change. log jams do break. but even with all the imagination i can apply to this particular problem, ito do not e how we get out of the shutdown and definitely do not see how we get out without further damage to the most important things the government does. that gssaid, here tonight, righ here in the studio next is somebody who just might know. stay with us. ext is somebody who just mit ghknow stay with us >> tech: at safelite autoglass

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so again, using "para," you're talking about something una mesa para dos personas. that is for someone. pretty good. could listening to audible inspire you to start something new? download audible and listen for a change. and the army taught me a lot about commitment.

which i apply to my life and my work. at comcast we're commited to delivering the best experience possible, by being on time everytime. and if we are ever late, we'll give you a automatic twenty dollar credit. my name is antonio and i'm a technician at comcast. we're working to make things simple, easy and awesome. thank you for continuing to stay on the watch. the coast guard, myself and your

senior leadership team and american public stand in awe of your continued dedication to duty and resilience of that and your families. we're five plus weeks into the anxiety and stress of the government lapse and your non-pay. you as members of the armed forces should not be expected to shoulder the burden. i remain heartened for the assistance and outpouring of support from local communities across the nation but ultimately, i find it unacceptable that coast guard men and women have to rely on food pantries and donations to get through day to day life as service members. >> that is carl schultz speaking tonight posted this everyone to service members letting then know that he finds it unacceptable telling them their leadership has their back and continue to be unpaid week after week after week.

this is the u.s. coast guard service members have ever gone without pay through any of the shutdowns we've been through as a country and this appears to be indefinite. this is week five. joining us now is senator sheriff brown, dhe brown. thank you for coming in. i am i feel like the more i talk to people who have clear eyes and can see the horizon on the shutdown thing, the more i am worried it might have no end and there might not be a way to end it nor any intention to end it on administration or congressional republicans. >> i think it's clear that mitch mcconnell has to do his job. donald trump thrives on this. we all know if he gets the $5 billion he'll do this again in six months and throw another temper and shut down the government again like a 2-year-old wanting another cookie and crying and give him a

cookie and el do he'll do it ag. mitch mcconnell has to stand up and do his job. when i go through the cleveland airport, we have a lot of coast guard people in the area and i see their service and how important it is. i talk to tsa agents at airports all the time. in columbus and cincinnati and they are worried about they have to go to their bank or their landlord or they -- how do you do child care when you ask the people taking care of your children, could you wait three or four or five weeks until i pay you? these families are under such stress they don't show it in the workplace much fortunately but it's so hard on them and there is a group that we don't talk about much, federal contractors that work in the kitchens and do the security and do the cleanup

work and they have not got back pay so they are really let out of this. >> federal worker whose are being forced to work without pay right now are in bad enough straights but if you're a federal contractor and working as a food service work r er or least something for the government. >> these are 12, $15 an hour jobs and in the kitchen and calf fears that ser -- cafeterias. they have been left out in the past and they should know they are going to payday lenders and when you do and you get a loan for two weeks, you go back and have to borrow again and you end up in this downward spiral where you're playing 3 or 400% in interest only. the president doesn't, i don't

think he knows about those people and doesn't care about them. that's why mitch mcconnell has to do his job. >> when you say mitch mcconnell has to do his job, if right now mitch mcconnell and chuck schumer agreed that they would just pass what the house passed, which is just cleanly reopening the government. no policy changes. let's just reopen this, whatever we want to fight about, let's fight about it after the government is back open. i'm assuming president trump would not sign that bill. that means that you need to build a veto-proof majority in the senate. mcconnell would need to get owl ev all of the republican senators on board to pass it by a large enough margin that the president -- >> but -- >> is that what -- >> before the shutdown every single senator voted for that actual language, the house will probably pass again tomorrow or thursday, it will come back to us all of us voted for it again and we all just voted for it a month to five weeks ago before the shutdown, before pence

promised republicans at a lunch that the president would sign it, then the president changed his mind when the right wing machine went into over drive but if we do that, if the president vetoes it, maybe he would, maybe he wouldn't at that point, we could over ride it and i would think there is enough pressure, they go through airports and talk to tsa and stood in lines with their constituents unless they have a back entrance i don't know about, they stood in line for an hour waiting to get through tsa because there are fewer agents now in many cases because they are over worked and not paid and got to arrange child care and take days off to arrange that. i think the pressure builds. it's a democracy they should respond to. that's our hope. trump will continue to use this to speak to the base and divide the country to play into this phony populism that is real p

populism, you don't push people down to lift others up, that's the game trump will continue to play and the senate mitch mcconnell needs to act like a grownup and do this this week. >> senator sherrod brown, stay with us. there is another matter i need to ask you about. we'll be right back. i need atosk you about we'll be right back. was ahead of its time. still, we never stopped making it stronger. faster. smarter. because to be the best, is to never ever stop making it better. the new 2019 c-class family. lease the c 300 sport sedan for $429 a month at your local mercedes-benz dealer. mercedes-benz. the best or nothing. just as important as what you get out of it? our broccoli cheddar is made with aged melted cheddar, simmered broccoli, and no artificial flavors. enjoy 100% clean soup today. panera. food as it should be.

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he said this shutdown has a higher purpose than next week's pay. imagine a billionaire president living in this beautiful house paid for by taxpayers, and

having his state in mar-a-lago he would say this shutdown, this trump shutdown has a higher purpose than next week's pay. missing one paycheck, one two-week paycheck or two gets his way may seem like a lot to the billionaire president in a multi millionaire cabinet with the massive investment portfolios but means a lot to those people. missing a paycheck is a big, big deal. >> when democratic senator sh s speech gave that, the shutdown was in the 18th day was is unimaginable. we're at almost double that. joining us once again is senator brown of ohio. thank you again. >> thank you. >> a lot of people want you to run for president and i know this isn't your favor rid topic -- favor rid top pick of conversation but part of the reason is the argument, the kind

of argument and way you have spoken in public office your whole life. you winning reelection in ohio even as a lot of people say ohio is becoming an increasingly red state and winning fairly comfortably. your ability to communicate on issues that are paycheck issues and pocketbook issues for people across this country is something i think people are hungry for when they ask you to run. does it stress you out that people are putting that on you or do you -- how are you dealing with this? >> sure, it's -- >> it would stress me out. >> it's not without anxiety to think about any of this. i -- connie and i are seriously thinking about it. i think whoever the democratic nominee is if i run and i'm it or any number of well-qualified people that announced or will announce, the work needs to be a central theme because i think in their campaigns, i think too many people sort of look at the democratic elect and say you talk to the progressive base or you talk to working class voters

and you've got to do both. you've got to do both, not just to win ohio or win the heartland or win the electoral college, you got to do both as a long-time progressive and advocate for workers, it's the way not just to win elections but govern at the core i am and who a lot of american public and democratic party is. do both. talk in terms of progressive issues and talk about what we need to do for workers on trade policy and tax policy and over time rule and all of that. >> i think a lot of people think of those as two different lanes because they think to talk to the progressive base of the democratic party like it is, you have to talk about issues that have been turned into cultural wedges that are designed to alienate working people from the image of the democratic party and you have really straddled both of those lanes. you have operated in both of the spaces your whole public life. why has that never been a problem. >> you go to the city of

cleveland cleveland and people have the same hopes and dreams, if you work hard you ought to be able to get ahead and if your love your country, you fight for the people that work. you punch a clock or swipe a badge or raising children or caring for an ageing parent or working on a salary or for tips. this expansive definition of work to respect work, to honor work, i don't think our government -- i mean, you got a white house that looks like a retreat for wall street executives. they don't listen to workers in the southdown or tax bill or trump trying to scale back the over time rule where 5 million americans were getting a raise that were working 50 and 60 hours a week. we'll get time and a half for the first time and the president tries to take it away. it's this long-term betrayal of workers from this administration from his time as a businessman to now when that's why he doesn't care about those low wage workers or any of the 800,000 that are furloughed or

have lost their jobs or working without pay. >> you said that you and your wife connie are thinking about whether or not you might make a run. when will you decide and will you talk to me about it? >> i'll always talk to you, rachel. of course. we're going to -- the four early states, iowa, new hampshire, nevada, south carolina, we'll do a dignity of work listening tour. i'm not trying to have the largest rally or biggest crowds. i want to listen to people and hear them whether and when i talk about the dignity of work, it's acedar rapids or a physical therapist in concord or a restaurant worker in nevada and it's a construction worker and just that -- people in this country are working harder than ever before and seeing corporate profits are up and executive compensation is exploding. their productivity is up and wages are flattened. there is something wrong with our economy and it starts with

respecting work and talking and governing that way. >> senator sherrod brown of ohio, thank you for talking to me. i realize everybody is being you whether or not you'll run. i don't mean to bug you about it but i'm super interested to think what you might bring to the debate and how you might, your presence in the debate, whether or not you win, your presence in the debate will drive the discussion towards those issues because you have been so effective at talking about them. >> thank you. always, thank, rachel. >> all right. we'll be back. stay with us. >> all right we'll be back. stay with us

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there were a bunch of big developments at the u.s. supreme court today. two of which i think i basically understand. and one of which we're about to have extra help to walk us through because i definitely don't get it. first thing to know is that the justices agreed to take up a big gun related case for the first time in nearly a decade. this will be the first second amend the case the court heard since the instillation of trump nominee brett kavanaugh. his appointment cemented a

fairly radical progun conservative majority on the court. this case the court decided to hear in the fall is a challenge to a new york city gun law which says if you're licenseed to have a gun in your home, the only other place you can take that gun is to an authorized shooting range inside city limits. the new yorker is challenging the law want to be able to take their guns other places like specifically to their second homes outside the city. and your level of simple though may vary for new yorkers demanding the right to shuttle their firearms back and forth between their many, many homes. but this case does setup the supreme court's five conservative justices potentially to rule much more broadly on what kind of restrictions anyplace in the country is allowed to put on where you can have your gun. that is something to watch. another thing that happened is new movement in the mystery case, we have been following. that appears to involve special counsel robert mueller.

this case has been making its way mysteriously through the federal courts in d.c. and i say mysterious because this case has been basically entirely under seal. it concerns a corporation of some kind owned by a foreign country, we don't know which one and that unknown foreign owned corporation has been fighting a grand jury subpoena from robert mueller special counsel office. we're not allowed to know the company or which country and not allowed to know the identities of the lawyers arguing the kaca, which i find bizarre, but lower courts have repeatedly ruled against this foreign corporation, lower courts have repeatedly ruled that it does have to compile with the subpoena from mueller. in fact, we learned in today's supreme court filing that the company was initially ordered to pay a fine of $10,000 a day as long as they weren't compiling with the subpoena, that's what the special counsel wanted. instead, a federal court judge in d.c. said 10,000 a day isn't

good enough, let's make it 50,000 today. so they are paying $50,000 in fines every day they don't compile with the subpoena. today, the supreme court allowed this foreign corporation to file a petition under seal, partially redacted asking the justices to take up this case and our best understanding is that it's not unheard of for the supreme court to allow petitioners to file anonymously or semi redacted petitions but it is pretty rare. so what we now have on the public record is this redacted filings, we did learn from these redacted filings today the company is a wholly owned entity of a foreign owned state so not partially owned by a poforeign country, this company says it was subpoenaed as a witness in this investigation, whenever the incest gages is and it also appears that today this secret foreign company lost yet another round in the lower courts. the d.c. appeals court today again ruled against this

company, something having to do with them having to compile with that subpoena. that came alongside the ruling from the release of their appeal to the supreme court. again, though, i can only tell you so much about what that d.c. circuit court ruling was about because it's sealed. we'll watch the supreme court to see what they do with this application from this mystery corporation from this unknown foreign country but appear to be losing at pretty much every level of the court system thus far and having to pay a pretty high price for it with each passing day, whether or not the supreme court changes those events, we'll find out when we find out. i told you there was another development at the court today for which we need expert help and that one is next. stay right with us. is next stay right with us

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by being on time everytime. and if we are ever late, we'll give you a automatic twenty dollar credit. my name is antonio and i'm a technician at comcast. we're working to make things simple, easy and awesome. you partly saw the headlines about this today. ever since president trump tried to ban transgender troops from serving in the military, that effort has been blocked by federal courts as lawsuits over the proposed ban has been argued. today there was a 5-4 supreme court ruling in which the five conservative justices on the court lifted some of the nationwide injunctions that had kept this partial ban from going into effect. here's the part i can't understand, though. as far as i can tell the court did not lift all the injunctions. it certainly doesn't seem like the justices have ruled on the

merits of the policy. it seems they are setting themselves up for that in the future. the question is the ban in effect, what does today's order mean for service members and people looking to join the military right now? i know enough to know i don't get it yet but joining us now is from one of the groups that sued the trump administration over the ban. a, i'm not a lawyer, and b, i don't think i was totally sure on the administrative status of this proposed ban before today. i'm definitely not sure right now. >> well, two things happened today. one is that the court rejected the government's request to hear the case right now. would have been premature for the court to hear it, and so the government's not going to be able to leapfrog the ordinary appellate prosand have the case heard now. and the other thing the court

did was to green light the ban, in terms of it going into effect. you're absolutely right, there are barriers the government will have to challenge if it wants to begin to implement them. >> so it cleared its way through some of lower court orders but not all of them. >> that's right. well, the government is going to ask the district court where the barriers are still in place to lift that ban. it's up to the government at this point. i will say there's been a tremendous amount of -- lack of clarity i would say from the government in terms of proceeding. >> the tweets were issued by the president. the effecttuation of what appeared to be his tweeted order at the pentagon was itself a bit of a morass. and so given that murky origin story, given the path this has taken through the courts, given this partial step by the supreme court today, if you're an openly transgender service member

serving right now are you living in fear tonight of getting kicked out because of this? >> the military has said when this ban goes into effect there is a small group of individuals who came out in reliance of the open service policy who will be allowed to continue to serve. they'll be doing so under a policy that deems them unfit, and that will have very concrete impact on their ability to continue to serve. >> and they won't be kicked out but considered unfit while still serving. that's insane. >> it makes no sense and really underscores how unprincipled the ban is because it would allow transgender people to continue to serve, recognizing all of those individuals have met all of the very high standards for continuing in military service, and yet would exclude other people who have not come out and other transgender people seeking to enlist. all it would serve to do is exclude people who could meet military criteria and

qualifications from serving. >> when the justices do ultimately hear the merits of this case are you pessimistic how they're going to rule? >> that's true. but it did not speak to the merits of all, and it really only put in place temporarily the permission for the government to put the ban into place. i will say that i'm optimistic because i don't think that there's any basis for the government to demonstrate that there is a reason why transgender people who meet military criterion can't serve. and we're actually optimistic because in rejecting hearing the case now it allows us to go back down to the district courts and put on the evidence that we think will absolutely refute the government's statements that transgender people can't serve in the military. >> so you think when you get your shot at the merits you're going to win? >> absolutely. and we think the fact transgender people have been putting themselves, their lives in the line every day it's

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to be nobody but yourself in a world which is doing it's best to make you everybody else... ♪ ♪ means to fight the hardest battle, which any human being can fight and never stop. does this sound dismal? it isn't. ♪ ♪ it's the most wonderful life on earth. ♪ ♪ to wrap up tonight last night's show we opened the store with a long story about a bella russian model who has been

caught up in the saga and caught up in what appears to be a very dangerous situation for her in which she says she has evidence, she has video and photo and audio recordings which implicate to a certain extent a specific russian oligarch named oleg deripaska involved in the russian meddling. last night we focused on the fact she was arrested by russian authorities while transiting through an airport last week, and over the weekend she appeared in court as you see in this video sort of scareally apologizing over and over again to oleg deripaska. the update i have for ow-on at story tonight is she was released from custody in russia today, but we know very little about that. by this time tomorrow we expect to learn more. her lawyer says there will be a press conference tomorrow. we will have that update for you tomorr.