so putting cancer in your budget is -- it's unexpected, but we just have to deal with it. with no end in sight, this is like the most horrible experience ever. >> as they say, the whole world is watching. those were just some of the federal workers, aka our federal -- our fellow citizens who have been asked by our federal government to go without during this winter of 2019. that's our broadcast for tonight. my thanks to my friends ali and steve and nicole for stepping up while i was on the canvas. thank you for being here with us. good night from nbc news headquarters here in new york. thanks to you at home for joining us this hour. george w. bush was re-elected to 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

term, 2005, it is remembered mostly for, well, escalating public outrage over the ongoing war in iraq. it is remembered for the tremendously and fatally mismanaged national disaster that was hurricane katrina and the failures thereafter. and although worrisoe don't rem it as much now, looking back at it now, at the time, one of the big bad things that took up a lot of the news in 2005, alongside other bad things was bird flu. that's what happened in 2005, the uh international freak out around bird flu. bird flu in turkey, deadly strain. lethal bird flu found in croatia. week after week after week of headlines like this, particularly in the late part of

2005. here is bbc in the low part hitting peak freak out. bird flu could kill 150 million people. by halloween that year, 2005, "nbc nightly news" was running terrifying packages like this one to inform you what all the freak out was about and to let you know soberly that, really, you should be as freaked out as everybody else because there is nothing you can do to protect yourself. >> among dozens of influenza strains, h1n1 is worrisome now because it is spreading rapidly in birds and infecting a few humans, often fatally. the virus mutates so it can spread easily from person to person, millions could be around the world could be affected. that is called a pandemic. how likely is a pandemic any time soon? no one knows. what can families do to protect themselves? there is little individuals can

do, that's why there is so much demand for preparedness plans from federal, state and local officials. >> look at the imagery there, right? i mentioned that 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. the looming shaky "blair witch" cam footage of the hospital bed that waits for you, right? halloween 2005. the next day, president george w. bush went to the national institutes of health to give a very sort of tense and uncomfortable speech about bird flu and why you should freak out about it. and he was there to announce that there would be a new federal plan. >> my responsibility as the president is to take measures now to protect the american people. if a virus were to develop the 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 quickly beyond our ability to control it. >> the president's plan, early detection of any outbreak, stockpiling and rapid production of vaccines, read response from all levels of government to contain the spread. >> all levels of government. that was november 1st, 2005. president george w. bush at a difficult time in his presidency, 2005 did not go great, and he's there announcing a new national effort to prepare for the oncoming pandemic of bird flu that's gonna kill 150 million people. and that was 14 years ago. nobody much remembers that now about that part of the george w. bush administration, but it turns out even things like that that 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 try to keep the essential functions of government running while no money can be expended and the people who actually affectuate, federal courts in new york, the administrator of the federal courts in the southern district of new york has just told "the new york times" and wnyc that among the strategies they're employing in his federal courthouse to try to keep administering the justice system while nobody in it is being paid, among the things they are now 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 at the nih 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 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. a little bit over a year after the bush administration presented that plan or ordered that plan, after bush gave that speech, the justice department and its bureau of justice assistants, in fact, rolled out this nuts and bolts plan. they called it an emergency roadmap for the courts for continuing operations in the event of a worldwide bird flu pandemic. "while it may be difficult for court managers to envision the impact of a pandemic on court operations and to plan for such a scenario, it is imperative planning takes place before such an event occurs. to wait and see if such an pandemic will occur is to risk

the future of the court if it is needed. all government agencies will be seriously affected. it's estimated that some 40% of the workforce will be unable or unwilling to report to work. such a reduction of available human resources could be catastrophic to the continuation of court services. courts will need to develop mechanisms to ensure the continuity of vital court operations in a manner that doesn't jeopardize the health and safety of the judicial workforce or members of the public appearing before the court." this is what they were contending with. this is what they were trying to plan for. i mean, if 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 for no other reason they'd have to be ruling on all the draconian quarantine orders and emergency actions the government would have to take to deal with the gigantic bird flu

pandemic. what did they think they could do? well, they could fax, "the court's pandemic emergency plan should consider alternative methods of accessing employees' expertise and abilities. computers along with fax machines and other telecommunications should be considered to allow staff members to function off site." "public health officials are the court may deem to necessary to restrict access to prevent the spread of disease. the court should carefully consider the nature of such restrictions such as televised court proceedings may help remedy this issue." so what if you can't let anybody in the courthouse because everybody's got the bird flu? or if you don't yet have the bird flu, you might get the bird flu if they brought it into the courthouse with them. this is the plan they came up with in 2007 in case judges or defendants, i mean, or any of the court staff couldn't come to

the courthouse because of all of the bird flu killing everybody everywhere. 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 manmade, not bird made. the administrator of the court tells wnyc today, "we have an old plan that was put in place many years ago with the bird flu. we'll dust it off." the basics of plan, judges would stay home, court staff would stay home, attorneys would stay home, but when somebody's arrested they need to be seen for a bail hearing in a certain amount of time. the backup plan is hearings by video. so, the bird flu pandemic plan formed after george w. bush gave that awkward speech in 2005, it was developed by 2007, sent around to courts around the country. in the federal courts of new york, they say it is tested

annually. but according to this new report from wnyc, the old bird flu plan will, "get a thorough workout this week in the southern district of new york." . accompanying defendants to hearings will all participate with a camera link, as well as judges, lawyers and prosecutors. so this is the plan now. we will all just pretend that we have transgenic potentially fatal communicable diseases and we'll work that way. and maybe that will be cheaper. and so maybe then we can keep going for longer. that's the plan. that's the only plan -- that's the closest thing we have to a plan to deal with what we're doing to ourselves right now. as we ended one month of the federal government shutdown last night, one of the things we reported on here last night at the top of last night's show was the prospect that fbi agents and other federal law enforcement and national security personnel could potentially be in trouble because of the shutdown in terms of their 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 that you might be more susceptible to bribery or anybody else financially enticing you to give up information or to do things you otherwise shouldn't do, given the sensitive and national security information that you've got access to. well, today the fbi agents association held a press conference and they put out a long sort of scary document warning about just those kinds of threats. "fbi special agents are subject to high security standards that include rigorous and routine financial background checks. missing payments on debts could create delays in securing or renewing security clearances and could even disqualify agents from continuing to serve in some cases." . the head of the fbi agents association was also 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 extremely important because it goes towards 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. >> the head of the fbi agents association was also asked today 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 kinds of impacts he was describing on the fbi for the month of shutdown that we've already been through. so he gets ask that question. watch him try to answer that question here. watch for the pause as he tries to figure out a way that would 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 terrorist attacks, prevent criminal activity, arrest bad guys. that's what we do. we need to do that to keep this

country safe. >> the fbi agents association, as i mentioned, they also distributed this document, which is full of sort of granular information from individual agents around the country about how exactly their work in law enforcement and national security is getting screwed up by the shutdown. this, for example, is from an agent working both overt and undercover counterintelligence matters against a top threat to national security. that's how the agent is described. these are the agents 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. the fear is our enemies know they can run freely." another agent in the northeast region says, "the operational impacts of this shutdown are immeasurable. we have postponed the indictment of subjects due to the shutdown." another agent says, "with staff from the u.s. attorney's office being furloughed, approximately

20-plus grand jury subpoenas are not being delivered." and that actually turns out to be a recurring theme from these agents in describing how the shutdown has basically stopped their work. here is another. "i have been advised by our u.s. attorney's office because of the shutdown there are no funds allocated to pay for grand jury subpoenas. as a result, only emergency subpoenas are being issued and any nonemergency subpoenas will not be processed until after the shutdown. this is causing affected investigations to be put on hold until the shutdown ends." i mean, this is the premier law enforcement agency on earth, right? this is where they are at right now, heading into month two. "we are out of tires. our mechanics are cannibalizing out of service vehicles in an effort to replace flat tires. we are almost out of copy paper. supplies needed for forensic processing are being expended

and not being replaced. we are now almost out of trace evidence materials, casting material, dna swab kits, et cetera, with no means to replace them." . when does this end? the national head of the aclu anthony ramiro freaked me out when she said as serious as a heart attack that he believes this shutdown is indefinite. there is no reason to expect we will have federal governance in any foreseeable future. this afternoon, there was a little flurry of excitement when "the new york times" briefly posted this headline. "senate leaders agree to vote." that offer possible path to re-open government. i say they briefly posted that headline because they quickly took it down when it became clear that actually the republican leader in the senate, mitch mcconnell, is offering no such thing, he just keeps putting up actually increasingly conservative, increasingly hardline versions of the bill that says the president wants to

build a wall 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 is not a path that is ever going to end this shutdown. tomorrow, indivisible groups across the country will host a call-in day, asking people to call their own u.s. senators, just their home state u.s. senators, to urge them all, all senators, republican and democrat, to vote for the bill that's already passed the house that would just cleanly re-open the government with no other changes, with no other policy commitments. we will see if that national call-in day by indivisible makes a difference. i don't know. ultimately here, though, something will have to happen, right? i mean, however much the president and congressional republicans really want to build a wall between us and another country, presumably they will have to agree to re-open the government at some point while they otherwise wage the fight to try to achieve that end. right? i mean, logjams do break.

standoffs do end. straight lines curve and sometimes there are surprise endings. today, after an all-night negotiation session, the l.a. teachers strike came to an end. it was six days, more than 30,000 schoolteachers on strike. the second largest school district in the country. those teachers are now expected to be back at work tomorrow morning. the 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 linians in the schools and counselors in the schools. the schoolkids wanted an end to the random search policy in the l.a. school district, where kids at some schools were being stopped and frisked like criminal suspects just for literally showing up to school. the number of schools where that 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 they get resolved. and while we try to figure out how this big one ends, i mean, our various crises and conflicts and dramas persist. the u.s. supreme court weighed in on a whole bunch of controversial issues today, including the ban on transgender service members in the military and the mystery case involving a subpoena from the special counsel's office to some unknown company owned by some unknown country. we'll get some expert advice to talk about the supreme court actions a little bit later on this hour. just tonight, in a blockbuster vote in the house of representatives, the house voted overwhelmingly, look at that vote, 357-22. that vote tonight in the house to express support for our most 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 is a policy outcome he apparently made several attempts at over the years if anonymous

senior trump officials talking to "the new york times" are to be believed. that vote to support nato and block trump from pulling out of it, that includes 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 news arrived tonight along with word that in the house democrats have just added a whole bunch of aggressive progressive members of congress to the crucial government oversight committee. the government oversight committee, if you 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 highest profile, most powerful and high-impact democrats in washington 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 of his committee

will include high-profile progressive freshmen like alexandria ocasio-cortez and ra s rashida talib and ayanna presley. buckle up if you were not expecting with this to come with fireworks worthy of any good fourth of july. so far cry from, like, the trey gowdy oversight committee for the first two years of the trump administration, right? cabinet officials are dropping like flies and gowdy like, yeah, i don't know that we need to oversee this so much as we need to overlook this. i just -- but things do change. impasses get passed. old dusty plans that might have seemed like misfires for a decade and a half come around and turned out to be useful down the road. yeah, maybe you're imagining 40% of your workforce couldn't come to the courthouse because of the bird flu. maybe that didn't pan out that way, but if 40% of your workforce or more can't come to

the courthouse because of president trump, well, maybe the same plan will still work, even without the infection. things do change. logjams do break. but even with all the imagination i can apply to this particular problem, i still do not see how we get out of this shutdown and i definitely do not see how we get out of this with further damage to the most important things that the government does. that said, here tonight right here in the studio next is somebody who just might know. stay with us. somebody who just might know stay with us ♪ carla is living with metastatic breast cancer, which is breast cancer that has spread to other parts of her body. she's also taking prescription ibrance with an aromatase inhibitor, which is for postmenopausal women with hormone receptor-positive her2- metastatic breast cancer as the first hormonal based therapy. ibrance plus letrozole was significantly more effective at

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shipmates, thank you for continuing to stay on the watch. the mass chief petty officer of the coast guard, give and your senior leadership team, as well as the american public stand in awe of your continued dedication to duty and your resilience of that and your families. we're five-plus weeks into this government lapse and your nonpay. you as members of the armed forces should not be expected to shoulder this burden. i remain heartened by assistance available to you in the lifelines and the outpouring of support from local communities, 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 admiral carl schultz, the commandant of the united states coast guard speaking to

members in the coast guard, letting them know he finds it unacceptable they're having to rely on food pantries and donations, telling them that their leadership has their back and, yeah, they're going to continue to be unpaid week after week after week. this is the first time that u.s. coast guard service members have ever gone without pay through any of the shutdowns we've been through as a country. this one appears to be indefinite. this is now week five. joining us now is senator sherrod brown. senator, it's really good to have you here. thanks for coming in. >> thank you, rachel. >> 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 very worried that it might have no end, that there might not be a way to end it, nor any intention to end it on the part of this administration or congressional republicans. >> i think that, i mean, it's clear that mitch mcconnell's got to do his job. donald trump -- he thrives on this. we all know if he gets the $5

billion that he'll do this again in six months and throw another temper tantrum and shut down the government, a little like a 2-year-old wanting another cookie and crying. you give him a cookie, he'll do it again. i don't see any question about that. a huge majority of americans understand that's what's happening. mitch mcconnell's got to stand up and do his job. when i go through the cleveland airport, we have a lot of coast guard people. i see their service. i talk to tsa agents all time, particularly cleveland and columbus and cincinnati. they're worried about -- they have to go to their bank or their landlord or they -- how do you -- how do you do childcare when you ask the people taking care of your children, could you wait three or four or five weeks until i pay you? you just can't -- these families are under such stress. they don't show it in the workplace much, fortunately. but it's so hard on them. there is a group we don't talk

about much, that's the federal contractors that are making the -- that provide food -- that work in the kitchens and do the security and do the custodial work at federal facilities. they're making $10, $12, $15 an hour. if they have a union, they make a little more. if they don't, they make a little less. they've lost their jobs in the past. they haven't gotten backed pay so they are really left out of this. >> so you're saying the federal workers being forced to work without pay right now are in bad enough straits, but if you're a federal contractor, working as a food service worker or something for the federal government, at least federal workers will get their backed pay but for federal contractors won't? >> in the past, they won't. they're preparing the food in the kitchens at cafeterias that serve the public in federal buildings or serve workers of the federal buildings. they keep the buildings clean. they keep people safe. security officials there. security officers. they have been left out in the past. with those kinds of wages, you know they're going to pay day

lenders. you know when you go to a payday lender and get a loan for two weeks, you have to go back and borrow again. you end up in this downward spiral where you're paying 300% or 400% in interest only. the president doesn't -- i don't think he probably knows about those people and he sure doesn't care about them. that's why mitch mcconnell's got to do his job. >> when you say mitch mcconnell has to do his job, let's gain this out, though. because right now for mitch mcconnell and chuck schumer agreed that they would just pass what the house passed, which is just cleanly re-opening the government. no policy changes. let's re-open this. whatever we want to fight about, let's fight about it after we get the government back open, i'm assuming that president trump would not sign that bill. now, that means that you need to build a veto-proof majority in the senate. mcconnell would need to get all of the republican senators on board essentially in order to pass it by a large enough margin that the president couldn't veto. is that what you think he needs to do? >> back before the shutdown,

every single senator voted for that actual language, that the house will probably pass again tomorrow or thursday. it will come back to us. all of us voted for it again. we all just voted for it a month, five weeks ago before the shutdown, before -- when pence promised republicans at a lunch that the president would sign it. then the president changed his mind. when, you know, when the right-wing machine went in to overdrive. but if we do that, if the president vetoes it, maybe he would, maybe he wouldn't at that point. we could override it. i would think there is enough pressure on enough house members. they go to airports, they talk to tsa agents. they've studio in line with their constituents, unless they have some 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're overworked and not paid. they have to arrange child care. they have to take days off sometimes to do all that. i think the pressure builds. it's a democracy they should

respond to. that's really our hope here. trump's going to continue to use this to speak to his base, divide the country to play into those phony populism that is, you know, i mean, real populism isn't anti-semitic, it isn't racist, you don't push people down to lift others up. that's the game trump's going to continue to play. that's why the senate, mitch mcconnell needs to act like a grown-up and do that this week. >> senator sherrod brown. will you stay right there? another matter i need to ask you about. we'll be right back. you about. we'll be right back.

he said this zoshutdown has higher purpose than next week's pay. imagine that, a billionaire president living in this beautiful house paid for by taxpayers and having his estate in mar-a-lago that 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 two-week paychecks, or even if the president gets his way, three two-week paychecks may not seem like a lot to a billionaire president and a multimillionaire cabinet and with their massive investment portfolios, but it means a whole lot to those people. missing a paycheck is a big, big deal. >> with democratic senator sherrod brown of ohio gave that speech back on january 9th, the shutdown was in its 18th day, which was almost unimaginable.

we are almost double that. joining us again is senator governor sherrod brown. a lot of people want you to run for president. i know this isn't your favorite topic, but part of the reason is the way you made the argument and the way you've spoken in public office your whole life. winning re-election in ohio, as people say ohio is becoming an increasingly red state, you winning re-election fairly comfortably. your ability to communicate on paycheck issues and pocketbook issues for people of all striations across this country is what people are hungering for a little bit when they ask you to run. does it stress you out that people are putting that on you? >> i mean, sure -- >> it would stress me out. >> it's not without some anxiety to think about any of this. and i, you know, connie and i are seriously thinking about it. you know, i think whoever the democratic nominee is, if i run, and i'm it or any number of well-qualified people that have

announced or who will announce, the dignity of work really needs to be a central theme -- in their campaigns. i think too many people look at the democratic electorate and say you talk to the progressive base or you talk to working class voters. you've got to do both, not just to win ohio or win the heartland or the electoral college, you've got to do both as a longtime progressive and as an advocate for workers, it's the way, not just to win elections, it's the way to govern. it really is at the core of who i am and who i think a whole lot of the american public and a strong majority of the democratic party is. do both. talk in terms of progressive issues and what we need to do for workers on trade policy and tax policy and overtime 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 such as it is, you have to talk about issues that essentially have been turned into cultural wedges, that are designed to alienate working people from the image of

the democratic party. you have really straddled both of those lanes. you really have operated in both of those spaces your whole public life. why has that never been a problem for you? >> you go to my hometown or the city of cleveland or appalachia and people have the same hopes and dreams, people think if you work ought you ought to be able to get ahead. if you love your country, you fight for the people who make it work, whether you punch a clock or swipe a badge or raising children or caring for an aging parent or working on a salary or working for tips. and this expansive sort of expansive definition of work, to respect work, to honor work. i don't think our government -- you've got a white house that looks like a retreat for wall street executives. they're not listening to workers. whether it's in the shutdown or the tax bill or it's trump trying to scale back the overtime rule, where 130,000 ohioans, 5 million americans were getting a raise that were working 50 and 60 hours a week. were going to get time and a half for the first time and the president tries to take it away. i mean, 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 lost their jobs or are working without pay. >> you said you and your wife connie are thinking about whether or not you might make a run. when are you going to decide and will you talk to me when you do? >> of course. i will always talk to you, rachel. >> thank you. >> we are going to four early states, iowa, new hampshire, nevada, south carolina. we will -- we are going to do a dignity of work listening tour. i'm not trying to have the largest rally or the biggest crowds. i want to listen to people and hear them, whether -- when i talk about the dignity of work, you know, it's a barber in cedar rapids, a physical therapist in concord, it's a restaurant worker in nevada and it's a -- in florence, south carolina, it might be a construction worker. >> mmm-hmm. >> people in this country are working harder than ever before.

corporate profits are up. executive compensation is exploding. their productivity is up and their wages are flat. there is something intrinzically wrong with our economy and it starts with respecting work and governing that way. >> senator sherrod brown of ohio, thank you for talking to me about these things. i realize everybody's bugging you about this question about whether or not you're going to run. i don't mean to bug you about it, but i am super interested to think what you might bring to the debate. >> thank you. >> how 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've been so effective at talking about them all these years. >> thanks for saying that. >> we'll be back. stay with us. >> tech: at safelite autoglass

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and if you've got the wrong home insurance coverage, i might break the bank too. so get allstate, and be better protected from mayhem, like me. there were a bunch of big develops at the u.s. supreme court today, two of which i think i basically understand and one of which we're about to have some expert help to walk us through because i definitely don't get it. first thing to know, though, the justices agreed to take up a big gun-related case for the first time in north carolinaearly a d. since the installation of trump nominee brett kavanaugh. what is expected to be a fairly radical pro-gun conservative majority on the court. this case the court has decided to hear in the fall is a challenge to a new york city gun law which says if you're licensed 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 yorkers 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 sympathy may vary for new yorkers demanding the right to shuttle their firearms back and forth between their many, many homes, but this case does set up the supreme court's five conservative justices potentially to rule much more broadly on what kind of restrictions any place in the country is allowed to put on where you can have your gun. so that is something to watch. another thing that happened at the supreme court today is new movement in the mystery case we have been following that appears to involve special counsel robert mueller. this is a case that has been making its way mysteriously through the federal courts in d.c., and i say it's 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's special counsel office. now, again, we're not allowed to know what the company is or which country it's from. we're not even allowed to know the identities of the lawyers arguing the case, which i find bizarre, but lower courts have repeatedly ruled against this foreign corporation. lower courts have repeatedly ruled that it does have to comply 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 complying with the subpoena. at least that's what the special counsel wanted. instead a federal court judge in d.c. said, no, $10,000 a day isn't good enough. let's make it $50,000 a day. they're paying $50,000 in fines every day they don't comply with the subpoena. today the supreme court allowed this foreign corporation to file a petition, again, under seal,

partially de-defense of marri e partially redacted, asking the judges to take up this case. it's not unheard of for this but it is pretty rare. what we now have on the public record is this redacting filings. we did learn from these redacted filings today that the company is a wholly owned agency or instrumentality of a foreign state. so it's not partially owned by a foreign country. it's wholly owned by a foreign country. we also learned this company says it was subpoenaed as a witness in this investigation. whatever the investigation 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 comply with that subpoena. that came alongside the ruling from the -- 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, again, it is sealed. so we will be watching the supreme court to see what they do with this application from this mystery corporation, from this unknown foreign country, but they 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 ultimately changes that course of events, we'll find out when we find out. that's a couple of things that happened today at the supreme court. but i told you there was another development at the court today for which we need expert help and that one's next. stay right with us. -you mean, like, lunch? -come on. voted "most likely to help people save $668 when they switch." -at this school? -didn't you get caught in the laminating machine? -ha. [ sighs ] -"box, have a great summer. danielle." ooh. danielle, control yourself. i'd like to slow it down here with a special discount for a special girl. danielle, this one's for you.

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you probably saw the headlines about this today. ever since president trump tried to ban transgender troops from serving in the military, a policy he issued by tweet, apropos of nothing, that effort has been blocked by federal courts as lawsuits over the proposed ban have 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 kept this partial ban from going into effect. here's the part i don't understand, though. as far as i can tell, the court did not lift all of the injunctions. multiple courts blocked this policy from going into effect. it certainly doesn't seem like the justices have ruled on the merits of the policy. it seems like they are setting themselves up for that in the future. but the question is, what's the status right now? is the ban in effect? what does today's order mean for service members and people looking to join the military right now? what does this mean going

forward? i know enough to know i don't get it yet. joining us is jennifer levi, director of at glaad. one of the groups that sued the trump administration over the ban. jennifer, thanks for being here. much appreciated. >> yeah, absolutely. >> so you hear my confusion here. "a," i'm not a lawyer and 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 on it 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. so the government's not going to be able to leapfrog the ordinary appellate process and have the case heard now. the other thing the court did was to green light the ban in terms of it going into effect. although you're absolutely right that there are remaining barriers that the government will have to challenge if it wants to begin to implement the ban. >> so it cleared its way through some of the lower court orders that has blocked the ban from going into effect but not all of

them? >> not all. that's right. >> when do those get adjudicated. >> the government is going to have to ask the district court in which one of those barriers is in place to lift that ban. it's up to the government at this point. i will say, there's been tremendous amount of lack of clarity, i would say, at a minimum, from the government on how it intends to proceed. that's from the minute the tweets were issued by the president. >> well, the tweets were issued by the president. what appeared to be his tweeted order at the pentagon was itself a bit of a morass. >> absolutely. >> now given the path this has taken through the courts, the partial step by the supreme court today, if you're openly transgender service member transgender service member serving

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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 scarily 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 tomorrow. tomorrow night we will also have senator kamala harris of california here for her first live tv interview since announcing her run for president. good evening, lawrence. >> good evening, rachel. what do you expect at this press conference tomorrow? >> we've been translating everything ourselves, which is not ideal. and we've been trying to monitor russian media and it is hard to tell. it was definitely a surprise when she got arrested. it was a surprise when she turned up in court, when she was allowed to make those remarks to reporters, and it was a surprise when she was released today. so i think what i'm looking forward to hearing her speak in her own words about what she's been through. obviously she's been in a very sort of scareally precarious place right in the middle of this gigantic international scandal up against some very scary people, so i'll be