rules -- there are no rules about when you can make noise. >> your house of representatives at work to take us off of the air this evening. and that is our broadcast for a wednesday night. thank you so much for being here with us. on behalf of everybody at the networks of nbc news, good ni t night. >> i was initially scheduled to have today off from work. there is a smallmouth bass in range of my canoe i need to meet and soon if i am going to maintain my good nature and sanity for much longer but i don't have the day off today as it turns off. when a newsday like this turns around, the day off must wait. not when today was like this. >> without explanation attorney general william barr announced

that jeffrey berman, attorney for the united states district of new york was stepping down. this was of course untrue. mr. berman had not resigned. the work of mr. berman's office included a number of criminal investigations aimed at those close to president trump. among them the president's attorney, the president's inaugural president and rudy giuliani, the campaign advisor and direct live to kiev. the effort to remove berman is a part of a dangerous line of conduct that began when mr. barr took office and continues until this day. mr. barr's actions made it clear that in his department of justice the president's allies get special treatment. presidents enemies, real and imagined are targeted for extra scrutiny and the needs of the american people and the needs of justice are ignored. after the president's associate roger stone was convicted of

obstructing justice mr. barr overruled his career prosecutors and recommended a lighter sentence for president trump's friend. in may mr. barr abruptly reversed prosecution of michael flynn, the president's former national security advisor who pled guilty to lying to the fbi about his conversations with the russian ambassador. once again the president tweeted his feelings about the case. once again mr. barr reached into the proceedings. understand these are symptoms of an underlying disease. the sickness we must address is mr. barr's use of the department of justice as a weapon to serve the president's petty interests. our witnesses today will speak to the extremes mr. barr has reached to carry out the president's bidding. i am grateful to the current department employees for their bravery in appearing before the committee. this administration has a record

of witness intimidation and i have no doubt they will try to exact a price for your testimony. but you are patriots and have done your duty here today. it gives me hope for what may come in the department of justice when bill barr is finally removed. the head of the judiciary committee talking about the perspective removal of bill barr from office and did say to reporters today it is possible his committee will pursue impeachment of attorney general william barr. and predicted of the whistleblowers to name names and make serious accusations about what president trump and bill barr have been doing to the justice department. the congressman predicting they will be retaliated against by the administration for coming forward today as whistleblowers but john elias did testify today

about what the department believed were frivolous and uncalled for investigations of companies and other entities targeted by the president for political reasons. and testified about interference from up high into the sentencing of roger stone because of roger stone's association with the president. >> i was told the acting u.s. attorney was giving stone a break because he was afraid of the president of the united states. >> it should be noted today he named names of more senior people at the justice department who he said received the political pressure to botch the roger stone sentencing and who discussed it at the highest levels including with the attorney general. it is important that he named those names because it gives us a sense of what might come next in this investigation into what has happened at the justice department. a federal prosecutor today offered lawmakers a roadmap to

investigate alleged political interference in the sentencing of roger stone. one of four lead prosecutors in the stone case told the house that senior officials including the head of the justice department's public corruption unit freely discussed concerns that they were being pressured to go easy on roger stone during sentencing. in other words, thank you to this whistleblower, not only saying what he knew but naming names. because of that congress now knows who to subpoena to try to fully document the allegations of the attorney general and potentially the president intervening in a criminal case to help the president's friends. bottom line of this is hey congress, go get it. here is where to look.

here is who you need to talk to next. that was remarkable. everything you could exception. contentious, sniping among the committees. one committee member was drumming his hands on the table to drown out the witness testimony and even the republican's own witness met that maybe the president has intervened to help his friends. he said maybe. he was there as the republican witness. maybe the president has done that. it is just bizarre. and this intense and bizarre hearing today happened within hours of bill barr's justice department saying they would be fine if he puts off his surrender date until this fall.

the federal judge is demanding an explanation of that by tomorrow. the hearing today happened within hours of two conservative judges on a federal appeals court ruling that the judge in the michael flynn case has to go along with wanting to drop the prosecution of mike flynn they ruled the judge in the flynn case has to go along with it anyways. remarkable ruling from that appeals court today. very, very controversial. basically we are counting down and waiting to see if the ruling will be appealed, including potentially to the supreme court which would be a dramatic turn. i should also mention, you may remember we had congressman

jerry nadler on the show here monday night and that is when he said that he was preparing a saup for bill barr himself to come and testify on the issues. now we learned the morning after doing that interview, the justice department scheduled a date for bill barr to come in and testify to avoid the saup. you know, since he has been attorney general bill barr never testified to the house but now says that he will next month. we will see. we will see how far the investigation goes by the time that bill barr is due in that seat.

meanwhile, the virological explosion continues. here is how it is going now in some of our closest allies around the world. italy in the upper left. that is germany in the upper right. spain in the left. allies of ours. they have all had a heck of a go with it. and now, here is us. that is an abject total failure that our response has been under the administration. we had an advantage. but that is how poorly managed that our epidemic has been and why did is the worst in the

world. that is what it looks like when you have a failed response. we are paying the price for it. now we have the highest rice in case numbers that we have seen over the course of the epidemic. we blew through that with over 30,000 infections reported as of 6:00 p.m. today and it was inevitable we would hit this benchmark given the number of states reporting new infections

on their own. california, texas and florida all just reported record new numbers of new coronavirus cases today. california had a record number of new cases in one day on sunday and on monday they topped 5,000. now today, more than 7,000 in california alone. the highest number they have hit. the state of florida say as least a half dozen hospitals are already at capacity.

all six hospitals say they have zero icu beds available while the state of florida continues to hit record numbers every day. so, california blowing through by huge numbers it record case numbers every day for the last few days now. florida is starting to do the same with icu beds maxed out at multiple hospitals. that is the same situation we have now going on in texas as well. >> my first message to the public that is watching this, people must know the facts. as the facts are that covid-19 is expanding far faster and far wider than at any time during the pandemic in texas and that is exactly why we are having to take additional measures. i will tell you there is a massive outbreak of covid-19 across the state of texas. today we have more than 5,000

people testing positive once again as well as have more than 4,000 people hospitalized because of it. >> texas governor greg abbott doing multiple local news interviews as his state tops 5,000 new cases for the second straight day. the situation in texas is quite worrying. you can tell in part because the state's governor is no longer doing his mike pence impression and saying everything is fine. you have the governor out there ahead of the official release of the numbers each day going out and warning news outlets that the terrible numbers are coming. this is a big deal. i mentioned mike pence. let me say on the subject, a sidebar here, vice president mike pence today really did do a lunch with republican senators about coronavirus. he told republican senators they should accentuate the positive and look on the bright side. according to the "washington post," vice president pence told republican senators to focus on

encouraging signs. that is the person that is supposed to be running the white house coronavirus response. we hit the largest number of new infections we ever had as a country today. on that day he is telling republican senators at lunch, smiles everyone. smiles. say it is fine. in the real world though, the governor of texas, the very trumpy governor of texas, greg abbott is doing local news interviews every day warning texans about the massive epidemic they have. hospitalizations have more than doubled since the beginning of june. we are still in june. montgomery county, texas announced they think they are running out of beds so quickly the county is purchasing a portable shelter in which they are going to build out another 75 hospital beds for that county

in texas. the houston situation is dire overall. 97% of icu beds are full in houston. houston icu now at 97% capacity as texas coronavirus cases break records. houston is one of the biggest cities in the country. population of millions. their icus are full now. we are going to talk with the top elected official in houston about that in a moment. she has been warning about this moment. it has arrived. we will speak with her live from houston in a moment. yeah. when the three most populous states in the country are thundering through their case number records, just blowing them away now day after day, the case numbers in the country are going to start to break records too. question is when it slows down. why it might. it is not just the big states though. oklahoma hit a new record again

today. they keep doing that. that is where the president held his rally this weekend. north carolina and arizona hit hospitalization records in the past couple of days. arizona state wide is 88% full in terms of its icu beds. north carolina said that they are going to pause the reopening and they are going to start rearing facemasks state wide now. tonight at midnight new jersey, connecticut and new york will start to restrict travellers from other u.s. states that have 10% positivity rates in their testing meaning travellers or returning residents coming from these nine states will have to quarantine for 14 days if they want to come to the tri-state area. the initial list of states affected by the quarantine ban are alabama, arkansas, florida,

north carolina, south carolina, utah, texas, washington state. those are the states that currently meet the criteria for a mandatory quarantine if you want to come to new york, new jersey or connecticut, even if you are a resident if you have been staying or visiting the states, you come home and you will have to quarantine for 14 days. we will see how the enforcement of that goes in new york, new jersey or connecticut. it is not clear how it will be enforced. but at least attempts to impose measures like this were inevitable. some states start to handle this and a lot of states didn't. we are the united states for a reason. we thought banding together is 50 states. if the federal government is not

going to work on this thing that killed 121,000 americans in 16 weeks. if the federal government is not going to work on it we will form new, smaller subgroups of united states. to try to work on it together since the federal government is just abandoning ship. you have the tri-state area that went through hell and high water and is coming out of it bending the curve all the way down. you see them trying to say they are go to protect themselves against the states where it is out of control. today in virginia. it looks like that will be the first state in the country to issue their own state-wide binding workplace safety rules for what companies have to do to keep workers safe from coronavirus in the workplace. it is really weird. it is really odd that an

individual state is trying to do this since this is the sort of thing that the federal government does. the trump administration, they are just not working on it at all. since the federal government doesn't doing anything on the score while a lot of people are going back to work, yeah, states are going to have to make up the rules themselves for themselves. because the president has just decided that the federal government won't do it. so, in ways large and small, the failure of the federal government to address the coronavirus disaster will start to pull the states apart from each other and to pit the states against each other in some ways. if we have good leadership in the states we can hope and pray

that the states will try to work together to advance their mutual interests. ultimately what we are going to have happen is confrontation and competition where states feel like they have to look at the interest of other states. mike pence with republican senators today seems fine to me. accentuate the positive? there is a lot going on. it is at least all in the theme, you know. dystopia, how bad american governance is, perhaps the worst in the history of the country and how it manifests in terms of the rule of law and in terms of the health and safety of the people and the blatant gaslight

distraction from the people that are supposed to be leading the country in the dark time. yes, the fishing trip for at least another day or so. we have a lot to get to tonight. stay with us. we are off to the city of houston, texas next. to the cit houston, texas next. and that s our customers 24/7. sorry i'm late, everybody, and apologies for my appearance. you look fine. we were just talking about -- yeah, right. i look like a wanted poster. i didn't have time to get my beard routine in this morning, so... what beard routine? ah. well, the key is maple nectar. gives it that sheen. is there something wrong with my screen? -mnh-mnh. -jamie, what are talking about? you're right, alan. we should be talking about bundling home and auto with progressive, not this luscious mane of mine. [ laughs ] jamie, do you know what a beard is? at t-mobile, you don't have to choose between a great network and the best prices. we give you both. switch your family from at&t or verizon to t-mobile and you will save up to 50% off your current service and smart phones.... 50% with three or more lines of essentials with unlimited talk, text and data.

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already today we transferred a patient in and immediately we had to intubate her. she is in her 40s. it is very overwhelming to see on top of the fact that when we came in this morning we learned that one of our patients who had been with us here for a while passed last night. that is really sad. and then another patient was able to make it but then we are helping his family saying good-bye issues. it is not a normal good-bye. it is under mask and gown and ppe and one person for one hour

to say good-bye. it is just not natural to say good-bye in that way. and that is overwhelming. also today we are trying to prepare for this surge. we are trying to find ways to be proactive because we want to have enough beds for our patients that need our help so we are converting what we have had which is a place for staff to sit and put their feet up for a minute and eat a meal in quiet without interruption but they are going to have to convert the two joining rooms back to patient rooms and franticly trying to rearrange our supply room into our number two. so that my staff can still and go sit down for a minute and have a place to eat that is comfortable and quiet for a minute and just replenish for

themselves for just a minute. >> alice is a nurse in houston, texas and the director of patient care. she is in leadership and has to think about making her staff going and how her nurses will eat meals in a corner of a supply room. the exhaustion she is describing, what is her work towards keeping her staff going. that stress is right now compounded by the fear that houston health care providers are telling them about the huge new case numbers, not just in texas but houston will mean in terms of what happens in houston

hospitals and what happens in terms of crushing the region's hospital capacity. i use that verb because the data from houston is bad. as of today, according to the city of houston 97% of the icu beds in the city of houston are full up from 90% just two days ago in houston. new case numbers are not expected to level off in houston for weeks and all of that together has health officials and leaders in houston freaked out. that is how it seems. one professor at the baylor college of medicine in houston warning the city of houston is on track to have the worst outbreak in the country and worse than new york had. the mayor of houston saying today that his city is in a health care crisis with new

cases moving in the wrong direction in his words very fast. we are moving very fast in the wrong direction. linda hidalgo says coronavirus in harris county is unprecedented and dangerous situation. the curve will not flatten ones it own and we cannot afford to wait. joining us now is the judge in harris county, the top elected official in charge of america's third largest county which is experiencing one of the worst coronavirus outbreaks on earth. i really appreciate it. >> thank you for having me. >> first, let me ask you, i am trying to describe what is happening. broadly in texas and specifically in harris county and houston from afar. let me ask if i have anything wrong or anything important we should understand about the situation you and your county are in. >> it is crushing to see that

testimonial from the nurse and if there is a silver lining it is that the hospitals operational capacity is hitting 92 to 97%. but as she said they were working to make room and make surge capacity and sustainable surge capacity which gives us a little bit of a chance to have a chance perhaps at success. does that mean that we will succeed? who knows. certainly not without severe action on the part of the community. but the reality of it is that we have been watching the hospitalization trends and this is no surprise if you increase close contact to such a degree that's been happening here, you are going to have more hospitalizations and the projections show that we would run out of all beds anywhere between the next 10 to 40 days and now we know that it takes about three weeks to flatten the curve with the most severe restrictions. >> in terms of that dire horizon

in terms of running out of all beds. when you talk of surge capacity, one thing we heard from other health officials is that surge capacity is never easy. it is easier to organize in terms of physical space and literal beds and getting equipment in place. the thing that is hard to manage is the right number of trained health care professionals to staff those beds and to staff particularly intensive care patients who need so much attention and so much work from so many professionals. are you worried about health care staffing levels as houston and harris county look towards moving into an intensive care surge capacity type of situation? >> absolutely. there is a reason the beds are not permanent. you have to look at the staff. the ppe. we are standing up, we have a medical shelter that is ready to go to supplement the need if it came down to that.

that is not where we need to be. the idea is not to have such disregard for human life saying let's wait until we get to the edge and fill that capacity. that is not sustainable. this is the community during harvey where neighbors were helping neighbors out of floodwat floodwaters, the concern for human life was overwhelming. that is what it is an invisible hurricane where your neighbor's home is being flooded and we need to go and help out. we are going to need folks to work together. the issue is that while i have the authority to issue restrictions in the past i no longer do and i am working with the state to try to find a solution quickly and at worse i will be clear with the community as to what the recommendations are because we are headed towards a precipice and it may well be too late. >> if you do have the authority to issue restrictions in harris

county and in houston what would you order at this point? what do you think will be necessary in terms of mandatory restrictions? >> harris county is houston and 33 other cities. it is a large area. we know what does not work. the status quo. the ability for people to go to bars, restaurants, clubs. i have been saying we are at the second highest alert level. i have been asking the community not to do that and recommendations, that is just human nature. folks get the sense that life is back to normal. what we know works is a stay home order. do i want to go there, no. from the beginning of the reopening i said that i am committed to making it succeed and we pulled out all of the stops on tracing, isolation, quarantine options for our first responders, on this medical shelter, work with nursing homes and all kinds of things. but the reality television is that we need to avoid being the

canary in the coal mine as far as what a reopening should not look like and figure out how to do it sustainably. >> let me ask you one last question before we go. harris county is capable and very large as you said. the third largest populous in the country in terms of counties. you have your act together. you have good governance and know what you are doing. given that i am hesitant to ask, is there something you need in terms of national help and is there something they need to tap the rest of the country for as you face the scary numbers right now? >> i hope folks that are reopening too quickly and who are getting complacent will see what is happening here and will take it as a warning and recognize that the virus hasn't gone away but it spreads from person-to-person contact and that we can't get complacent

with the virus. other than that what i need is the ability for the community to buckle down. we did it with the first wave. we were able to bring those case numbers to fund them before it started reopening and we have to do it again. >> thank you so much for being here. good luck. this will be a tough few weeks in harris county. >> thank you. >> all right. no outrageously busy newsday is complete without a dramatic late legal filing. that's next. day with us. ling that's next. day with us. your car insurance so you only pay for what you need. what do you think? i don't see it. only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪ theand we want to thank times, the extraordinary people in the healthcare community, working to care for all of us. at novartis, we promise to do our part.

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sullivan should rubber stamp what the justice department did and stop asking questions why they did this crazy thing and is directed to pull the plug on flynn's prosecution and to be quiet about it. a 2-1 ruling. the third judge, judge robert wilkins descented from the ruling and is the kind that you end up stopping yourself from reading even if you are not a lawyer. this is from the dissent. the court oversteps it own jurisdiction. this appears to be the first time we have issued a writ of ma, ndamus to compel a district court to rule in a particular manner on a motion without giving the lower court an opportunity to issue a ruling. saying flynn's false statements posed a potential compromised situation for flynn with the

russians and that flynn's false statements to the fbi went to the heart of a valid counter intelligence inquiry and were absolutely material. now in a complete reversal said that none of this is true. this is no mere about face, more akin to turning around an aircraft carrier. the majority of the court declares in spite of the government's abrupt reversal on the facts and the law it merits no further -- judge sullivan must be given a reasonable opportunity to consider and hold a hearing to ensure it is not clearly contrary to the public interest. i therefore dissent. joining us now is a former u.s. attorney for the eastern district of michigan. barbara, thank you for coming

back. when we talked last night i had no idea we would have so much to discuss 24 hours later. >> every day in this administration is a surprise. >> we have this hearing today at the judiciary committee in the house, justice department and whistleblowers coming up saying the justice department is now bringing cases and dropping cases and interfering in new cases in ways that are designed to benefit the president politically. that is happening. we have seen it happen. and you have a 2-1 ruling in the appeals court where this judge in flynn's case is told to shut up and take it and that he does not have the ability to review what the justice department did in flynn's case. i found the appeals court ruling baffling as a former u.s. attorney did it make sense to you? >> no. i agree with you. yeah. i was sharing texts with colleagues and friends and the words i saw stunning. shocking.

astonishing. all of those kinds of words. i think it is because we see the world the opinion does as you just read. the rule that the court was looking at says a case may be dismissed only with leave of court. if that word means anything it means judge sullivan should have an opportunity to hold a hearing. on the merits it seems that makes the most sense and even if you disagree with the merits, the idea of granting a mandamus, the full-court might pick it up and review it because it sets a terrible precedent for other cases. ordinarily you allow a trial court to make the ruling and there is a process of appeal that comes later. what flynn's lawyer attempted to do here is a run around even allowing judge sullivan to make a ruling going straight to mom

and dad telling him not to issue an order or have a hearing. that could be so damning to future cases with the department of justice, i am optimistic the court might rehear it. >> let me ask you as a lower than average intelligence non-lawyer observer on this. seems to me looking at that ruling, say that mike flynn got the prosecution dropped, right. he gets prosecuted. he pleads guilty. he is is about to be sentenced. he freaks out about going to sentence and decides he will bribe people in the justice department to get him off. that is just a hypothetical. if the justice department said that we don't want to -- we are go to withdraw the prosecution. we don't want flynn to go to prison at all and the judge believed something that corrupt

had happened doesn't the ruling say this is all right and you are not allowed to inquire why it happened even if it was something totally egregious and corrupt. >> i think it does. one of the things the majority opinion focuses on is that there is a prepresumption in prosecution unless there is evidence to the contrary and we see none here. the dissent shows rule 48 is not just there to protect defendants. that is the part the majority focuses on. it says it is there to prevent defendants from getting preferential treatment because that is the public interest. it is making sure that the court does not get taken along for a ride in a corrupt scheme like the one you described there. that is the merits issue. i think that on both of those counts this decision should be reversed. >> we will see about an appeal.

obviously judge sullivan could ask for it to be reviewed by the full d.c. circuit. any judge can say we should look at this and there is an opportunity for an appeal to the supreme court. not over yet. barbara mcquaid, really appreciate you helping me through this. thank you. >> you bet rachel. thanks. >> much more still to come tonight. stay with us. >> much more still to come tonight. stay with us you try to stay ahead of the mess. but scrubbing still takes time. now there's new powerwash dish spray. it's the faster way to clean as you go. just spray, wipe and rinse. it cleans grease five times faster. new dawn powerwash. spray, wipe, rinse. liberty mutual customizes your car insurance, so you only pay for what you need. i wish i could shake your hand.

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and in raleigh it took three days and a few different cranes to fully disassemble the pillar of that 75-foot tall monument to confederate soldiers. around 11:30 last night they finally removed the last piece of that monument in raleigh. in charleston crews started their work hours after the city council voted unanimously to take down the statue of john calhoun. they labored in the heat most of the day today. one thing we are seeing about the length of time it takes to remove these gigantic monuments is that while it is happening people gather around to watch and you can hear what they think about the monuments and the moments seeing them being taken down after all of the years. the john calhoun statue in charleston it is 115 tall,

around since 1896. this is what some told the paper about having lived in that shadow their whole lives. this has been a symbol of hate since the day it was put up. a fifth generation charleston native said i don't know how many people i was blood related to that were under his enslavement. he is not going to be looking down on it anymore. i am getting emotional thinking about it. or this moment was about the up rising that we saw across the country. we are happy the mayor and the council came to the same conclusion as the people. ashton callaway said after having the thing loom over me my entire life as a person of color in 2020 i am happy to see the symbol of slavery come down. while the president sits in the white house thinking about costing you ten years in prison

if you vandalize a monument on federal land, more cities and states are deciding for themselves now is the time to take these monuments now. charleston paper reports church bells played amazing grace as they prepared to lower john calhoun to the ground and he left his pedestal today at 5:07 p.m. i think we have a shot of him back down on earth. doesn't he look annoyed like how dare you. maybe like a cat stuck in a bathtub. who can say. maybe he changed his mind about the whole thing. maybe he is glad to be done with it. charleston, sure sounds glad. - [narrator] did you just reward yourself

for spending a perfectly reasonable amount of time on the couch with tacos from grubhub? grubhub's gonna reward you for that with a $5 off perk. (doorbell rings) - [crowd] grubhub! (fireworks exploding)

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>> how humans respond to disaster brings out the compassion amid all of the tragedy. in the midst of this national trauma so many of our fellow americans are rising to the occasion. the words and deeds serving as a crucial reminder that in this time of stress and catastrophe we are really all in this together. y all in this together >> quick update you tonight on a story that we brought you a few days ago about the trump administration staging a hostile

takeover of the u.s. agency for global media, the agency overseeing government-funded immediate media outlets like voice of america. president trump installed a new director of the aejgency. soon after the deputy resigned without explanation and 48 hours later the heads of all of the other agencies networks were all suddenly fired all at once. the new trump appointed director fired the heads of all of the networks and all of the members of all of the boards of directors that advised all of the networks. everybody was fired in one fell swoop and installed a bunch of hand-picked junior varsity trump people, none having any experience in news, journalism or diplomacy. friday night we had on the show two of the newly fired board members, both of whom are heavyweights in their field and

expressed alarm at the decapitation of all of the news agencies and now the update is that the ambassadors are among the plaintiffs in a lawsuit filed against the new trump appointed director who fired them saying the wholesale firings of the heads of the networks were illegal. they should be nullified by a judge and all of the network heads and the boards of directors should be reinstated. legal drama aside, the president really does sort of appear to be trying to take the federal government's media arm for his own purposes but the people there are not going down without a fight. now it is time for the last word with lawrence o'donnell. good evening lawrence. >> as you know new york politics has a lot of very big stars like andrew cuomo, chuck schumer, democratic leader of the senate.

the daily beast decided that the new star of new york politics is jamal bowman and he hasn't even quite won his congressional election congressional election, the primary where he challenged eliot engel. he will join us tonight since he's on the threshold, the verge once the votes are counted of becoming the new big star in new york politics. >> what an excellent booking. i'm jealous. >> yeah. well, you know, we work hard at this. >> i'm going to start stealing your stuff. >> here is the way it's going to work. i will get him before he's technically won, and then the second he's won, he will be on the rachel maddow show. that's how this will work. >> if you can promise that on his behalf i will both be surprised and hold you to it. >> i will book him for you tonight on tv. >> thank you. i owe you. >> done. thank you, rachel. >> thanks. thanks, lawrence.