i will see you again tomorrow at noon eastern when i will talk with filmmaker michael moore who says he is proud of president biden for ending the war in afghanistan. first, yasmin vossoughian continues our coverage. ♪ ♪ good afternoon, everybody. i'm yasmin vossoughian coming to you from msnbc world headquarters on a busy labor day weekend. we got a legal victory for planned parenthood in the state of texas but is it enough to stop the toughest abortion law in the country from taking effect? we are live in austin with that report. then the death toll still rising in the northeast here while louisiana deals with a power crisis that is expected to last beyond this holiday weekend. we expect to hear from the louisiana governor this hour as well. new reaction to kevin mccarthy blatant attempt to meddle with the work of the january 6th committee and new insight into what the house minority leader may want to keep

his colleagues from finding out. early voting centers opening today in california as well. millions of mail-in ballots already sent in. the latest on the california recall effort. also this hour, i told you it was busy, a special report. charges in the death of elijah mcclain at the hands of police this week. should it give hope that we have turned a corner when it comes to holding officers accountable? we will dig into that coming up. but i do want to start with that controversial abortion law in the state of texas. a judge has shielded for now women's clinics in the state from being sued by the largest anti-abortion group in the state. a state district judge issued a temporary restraining order against the nonprofit group, texas right to life, in its effort to stop abortions after six weeks of pregnancy. we have nbc's liz mclaughlin with us from austin and msnbc legal analyst joyce vance with

us as well. i want to start with you, liz, and get the reaction first to the restraining order in texas. >> reporter: yasmin, the reaction from texas right to life is still celebratory. every day the law is in effect it is seen as a win for them. they're preventing abortions from happen. that doesn't take into account the lives of the women seeking those services. planned parenthood is grateful for some protection but it is very limited in scope, just shielding them from being sued by texas right to life, other anti-abortion groups. private citizens can still bring those lawsuits forward. they are complying but they say they're being intimidated by anti-abortion groups who are rallying around their centers. planned parenthood ceo alexis johnson had this to say. >> we've seen, you know, people staking out health centers, increased surveillance, suspicious calls, threatening our patients. so this is a win for protecting our patients, nurses, clinic staff, and ensuring, you know,

that people have the right to go to work without harassment. it is not the relief that we need, of course, for patients seeking access, the largely black and brown, low income communities that will be most affected by this horrific ban in texas. >> reporter: and this is a temporary restraining order, so it is only in effect until september 17th. it does give them some protection but, again, this law is still in place and now women here in texas, who have an unwanted pregnancy past six weeks don't have an option here in text tebs. they must continue with that unwanted pregnancy that some call state-mandated pregnancy, leave the state if they have the means to do so. so that unequally affects women of color, people who are low income or, as many women's health advocates fear, take things into their own hands seeking out illegal and sometimes dangerous abortions. yasmin. >> joyce, i want to jump off what liz just said because she

put it very accurately in the fact it is just providing protection from this group, the largest group in texas that is right to life, still leaving planned parenthood vulnerable to many folks that could feasibly sue them in the event of performing these abortion practices. what tools does planned patient patient -- planned parenthood have to challenge the law in texas? >> one problem the texas legislature has on its hands is that the further the statute goes into operation now that it is actually the law in texas, the more likely it is that some conduct will take place that breaks through the supreme court's hesitation when it looked at this motion to enjoin the statute before it went into effect and will actually cross the line over into actual interference with roe v. wade rights and give the courts reasons to enjoin the law. so planned parenthood is not out of options yet. women in texas are not out of

options yet. obviously the courts have become very hostile to women's rights in this area, but i suspect that the pro choice forces in texas will live to fight another day on this issue. >> i want to make sure i'm hearing you right on this, joyce. essentially what you're saying, for instance, if planned parenthood decides to move forward with it's borgs practices, they're then sued by someone in the state of texas, that then is elevated to the supreme court to which the law is challenged because of its constitutionally. that's when they could feasibly see a challenge to this law? >> i think it might happen at a lower level, yasmin, just like we've seen the state court judge in texas who has now said that one group can't bring lawsuits under sb-8, the texas law on abortion. it is possible that other actions will take place where litigants could go to either

state or federal court and the law would then be enjoined in its entirety because it is in direct conflict with roe. >> got it. >> of course, we don't know exactly what problems could come up, but you could envision, for instance, a situation where people who make donations to planned parenthood in texas then have lawsuits filed against them for violating the statute. that would set up a legal challenge. there are many other possibilities. the bottom line is that this law is so directly confrontational with roe v. wade, which is still good law in this country even if the supreme court is headed away from that, that that law should still be protected. i suspect opponents of abortion in texas will give the courts the option to do that. >> joyce, before i let you go, i want to ask you the supreme court majority's opinion on the whole thing. were they essentially saying, listen, the texas legislatures that drew up the law they found a loophole and we're not going

to challenge that until you can figure out a way to challenge the constitutionality of the law? is that what they were saying? >> yeah, i think that that's fair. this was a motion for injunction to keep the statue from going into effect. the court in this one paragraph, unsigned order we get from the supreme court because it is a shadow docket case, they essentially throw their hands up in the air and say, well, for a litigant to show that we should enjoin the statute they have to prove that they have a substantial chance of success on the merits. because the texas legislature did something so unprecedented in the way that they subjected this law on the public with -- essentially with civilian vigilante enforcement, we have never seen this before. we're not sure that the plaintiffs will win when they challenge this. we have no option other than to let this law go into effect. it is really, i think, in many ways a very sad, disingenuous ruling from the five justices

who joined the majority. >> liz mclaughlin in austin, joyce vance, thank you as well. you will be joining us later on in the hour. erica sackin will be here in a little bit to talk about where this fight goes next from their perspective. so just a couple of hours ago we learned the president is going to make his way to new york and new jersey on tuesday to survey the damage, of course, caused by the remnants of ida earlier this week. a cleanup and rebuilding efforts across the gulf coast as well and parts of the northeast, they're underway this holiday weekend after the storm battered communities with catastrophic flooding and winds. i want to bring in nbc's gary grumbach following this for us in jersey and nbc's josh lederman in louisiana for us. gary, i know where you are, you are in manville, new jersey. i was there just yesterday. the damage there is awful to see. the president, as i mentioned, will be headed to that very location likely on tuesday when he visits parts of the

northeast. talk to us about where we are today in recovery efforts. >> reporter: hey there, yasmin. yeah, the devastation is really buried across the state of new jersey. down in south jersey we saw tornados hitting homes, then we saw flooding across the entire state, and that flooding here in manville, that's where there were a number of building explosions as you saw so clear yesterday. this is south banquet hall, it used to be. it is completely leveled, nothing is salvageable from there. we spent the morning talking to business owners and homeowners trying to pick up the pieces. we spoke to ron who owns manville pastry shop. he has owned it about 50 years, and he says he hasn't seen a flood like this since hurricane floyd in 1999. his place is pretty much an entire loss, a total loss. all of the food items, they have to go. the shelving has to go. all of the refrigeration units, they're fried. so his building is standing, but it has been a really tough year

for ron. here is what he had to say. >> covid was terrible for us and now this. we're just getting back on our feet after the covid and this happens and another setback. it is just another setback. >> reporter: now, there is going to be help for people like ron. ron does say he is going to rebuild. governor murphy has actually instituted a $10 million grant program for small businesses just like ron's to be able to help them get on their feet. he announced fema and the white house are sending in an emergency declaration which means there will be financial aid and equipment coming to help clean up the mess. >> gary, that's what i heard as well. man, can we not catch a break? it has been the last two years that's been really tough and now we have this as well, hurting our businesses and, of course, so many homes lost in the flooding. let's go to louisiana. josh, that's where we find you. officials there warning that parts of louisiana such as

jefferson parish are not going to have power for at least six weeks. you think about the end of august, early september. it is brutal down there when it comes to heat. you are probably experiencing it yourself right now without running water, not enough food. how are folks managing there and when are they going to be able to get the power back on? can they fast track this thing? >> reporter: yeah, it is still upwards of half a million people here in louisiana without power, and estimates it could take four weeks, up to six weeks in some cases, including this church right here in laplace which has no power even as they're trying to distribute meals to somehows and somehows of people. these power outages are really compounding the challenge, yasmin, of responding to this hurricane. not only do you have thousands of people displaced by the hur kahn by you have thousands of people coming to louisiana to try to get the power back on. you have something like 27,000 power line technicians who are

in the state right now trying to get electricity back up and running. i want to introduce you to pastor neil barnard who in addition to overseeing the entire food distribution program also has got a 62,000 square foot warehouse where they're setting up cots and showers and other facilities to house people that are going to come here, responding to the hurricane. pastor barnard, how many people do you think you can house here and how long might they be here? >> from our past experience we housed a team of 800 in our facility, called eight days hope who came to work for a whole week and help rebuild homes after hurricane isaac. >> reporter: what is the biggest need they will have while in the state? >> the biggest need for the volunteers? >> reporter: yes. >> yeah, the volunteers, right now as most of you know we are without power, without water, it is pretty hot here. volunteers come, they need to know they're coming to some pretty harsh conditions. what we're going to do is make

sure they get three good meals. we're going to make sure we have probably one of the few air conditioned places in the whole area, and we will make sure they're able to get a cold shower at night. we will do our part to make them comfortable. we want to say, listen, one of our greatest needs right now is for volunteers. standing with me are some volunteers from baylor university and, you know, give it up for the national championship, baylor. they're here giving up their own free time to come gut homes, put tarps up, help people clean out homes and so forth. so we are so grateful for them because volunteers is the life blood behind every disaster. so if we're going to rebuild this community, many people know our area was hit the hardest. it is estimated more than 50% of the homes flooded, about 90% of the homes have roof damage. so we are going to need every available volunteer and every person to possibly help. i want to thank you. if you are interested in

becoming a volunteer, we want you to know we would be so appreciative and we will make sure you feel good. we will give you some good cajun food and we will take good care of you. >> pastor barnard, thank you so much. thank you for the work you are all doing. yasmin, you talk about the challenges from these power outages, we spoke to one woman who was here helping out. she is a nurse. she said in her icu in new orleans they lost even their backup generator power during the hurricane. they had people running around trying to manually vent the people who were on ventilators, squeezing those balloons to make sure people have oxygen for hours at a time. today she is right here handing out food to fellow louisianans in need. yasmin. >> you have to love dr. barnard's smile and the promise of good cajun food in the midst of all that's going on down there. thank you to both. i want to turn to afghanistan where a new era is beginning without the u.s. as the taliban is preparing to announce their new government. nbc news has learned that the

taliban co-founder is tapped to lead the new afghan government. this is coming as secretary of state antony blinken prepares for a trip to qatar with no plans to meet with taliban officials. we are in doha with the latest on this. >> reporter: we have seen groups of exceptionally brave afghan women taking to the streets in protest. it started on thursday in the western city of herat, a group of women demanding women be represented in this new tam ban government. the protest continued today in kabul. a group of women tried to march towards the presidential palace and according to the associated press that protest was broken up by force. a group of taliban commandos firing bullets into the air, shooting tear gas into the crowd and dispersing these women. now, the taliban say sometime early next week they will unveil

what they call an inclusive government, but the taliban also saying there will be no women in that government. now, in some ways that's not a surprise given what we know about the taliban, but we had thought it was possible they might include women as a way of showing the international community that they had changed. but a taliban spokesman saying women can serve in administrative functions but cannot be ministers. we are expecting the leader of the new taliban government to be mullah baradar. he was arrested in pakistan in 2010. he spent eight years in prison but in 2018 he was released at the request of the trump administration because they were looking for somebody to make a peace deal with. ever since then, he has been the u.s. government's go-to person. he negotiated that peace deal here in doha qatar, with the trump administration.

two weeks ago cia director bill burns flew to kabul for a face-to-face meeting with him just after the city fell. now, we expect he will be in charge of the day-to-day runnings of government. a man named sheik hybatullah will be the head likely of the state when the taliban government is unveiled negligence week. yasmin. >> thank you for the update. there's squlus one week left in the recall vote in california. governor gavin newsom, of course, still ahead. what new polling suggests about the likelihood of him getting the boot. are we seeing officer accountability two years after the death of elijah mcclain, an unarmed black man in colorado? officers and paramedics are now facing charges. that's next. that's next. our past for power, we can harness the energy of the tiny electron. we can create new ways to connect.

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welcome back. it has been a week of overdue indictments that give some hope that we could be seeing a new approach to holding the state accountable for the mistreatment of black americans in custody. on wednesday colorado prosecutors announced charges against police officers and paramedics in the death of 23-year-old elijah mcclain back in 2019. the 32-count indictment includes charges of manslaughter and second degree assault against mcclain, who was tackled by officers while walking home from the convenience store, and put in a hold while paramedics administered ketamine to sedate him.

those charges come on the heels of a major development in the shooting of daunte wright during a traffic stop in minnesota earlier this year. former police officer involved in his death is now facing a more serious charge of first degree manslaughter. that is in addition to a previously filed second degree manslaughter charge. finally, a former georgia da was indicted this week on charges of violating her oath of office and showing, quote, favor and affection to one of the men charged with the killing of ahmaud arbery. jackie johnson is being accused of directing police officers not to arrest another suspect involved in the 25-year-old black man's shooting last year. let's talk all about this with paul butler, a former federal prosecutor joining me now, and an msnbc legal analyst. great to see you this afternoon. thanks for joining me on this. i want to play for you a bit of your exchange with my colleague geoff bennett earlier this week when you appeared with him. the part i want you to listen to

is when geoff bennett recounted for us the last words of elijah mcclain. >> his final words are haunting and tragic. he says -- god. >> take your time. >> he says, "i can't breathe." he says, "i can't breathe. i have my id right here. my name is elijah mcclain. that's my house. i was just going home. i'm an introvert. i'm just different. that's all. i'm so sorry. i have no gun. i don't do that stuff. i don't do any fighting. why are you attacking me?" if elijah mcclain isn't safe, who is? who is, david henderson, paul butler, who is safe? >> it was really hard to watch my friend geoff get so emotional there, but you understand it hearing the words, the final words of elijah mcclain.

talk to me about these indictments and the criticism that they did not go far enough, that murder should be involved. >> yeah, yasmin, in that clip we were three black men analyzing a case in which an innocent black man was killed by the police for no reason. i think we all had extraordinary sympathy for elijah mcclain, but we were also thinking it could have been any one of us. the whole world heard george floyd narrate his own death saying, "i can't breathe" over and over again on police videotape. and then to hear those same tragic words from elijah mcclain, it can feel overwhelming. so i entirely understand that emotional reaction. both george floyd and elijah mcclain were just going to the store. neither posed any threat, and they both ended up dead. so it raises the question of what a black person can do to be safe from the cops. you are right, the indictment

and the developments this week provide some encouragement that slowly things are changing. >> so much of this conversation, the conversations that we have had surrounding the shooting, the killing of black men, of black individuals by the hands of police involves police accountability, right? but hearing what the aurora police department said i think is pretty astounding to say the least, when they say, "our officers did nothing wrong" and go on to say the hysterical overreaction to the case has damaged the department. the hysterical overreaction. i will repeat that, the hysterical overreaction. this is not accountability, paul butler. >> it is the opposite of accountability, yasmin. the system failed mr. mcclain every step of the way. the police stopped him, frisked him when he wasn't a suspect in any crime. that's unconstitutional. they put him in a chokehold even though he wasn't resisting. that's criminal assault. then the paramedics, they

injected him with an overdose of ketamine without even conducting a medical examination. he was handcuffed, clearly posed no threat, and then, as always, the coverup. so these officers have no credibility. this police department has shown no accountability, and it has been the opposite of transparent. >> paul butler, thank you for your voice on this as always. we appreciate it. thank you, sir. >> you're welcome. we are awaiting a news conference from louisiana governor john bel edwards on ida's impact. we will be monitoring that for any developments and bringing it to you as they come. coming up, how nursing homes already struggling because of this pandemic are handling this new layer of stress. we will be right back. we are go for launch. ♪♪ t-minus two minutes and counting. ♪♪

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♪ ♪ welcome back, everybody. we are following breaking news out of california where early

in-person voting is now underway in the state's recall election. just a short time ago vice president kamala harris's office confirmed she is going to travel to the bay area on wednesday to campaign with the embattled governor. the news is come in amid encouraging numbers for newsom this week with new polling 58% of californians planning on voting against his recall and 39% saying they will back it. i want to go now to nbc's emily ikeda who is at an early voting center in north hollywood. emily, good to see you this afternoon. thanks for joining us on this. the vice president will be the most high-profile surrogate to appear with the governor. by the looks of the latest polling i just went through it looks like he is in a pretty good position. tell us what we know when it comes to the vice president's visit. >> reporter: so it is hard to say definitively why she is coming out here, but many political analysts will say it stems from nervousness pointing to earlier polls that show the race could go either way.

millions of ballots have already been submitted at this point through the mail and they look to be favoring democratic governor gavin newsom. democrats submitting more that two times the number of ballots than the republicans at this point, but still i should note polls show that enthusiasm when it comes to voting in this recall election is higher among republicans. a point of concern for some of the voters and newsom supporters who showed up here today to find no line. take a listen. >> i just feel -- i feel like i was going to get in a line. i was the first person there and i was like, ugh. but i'm also thinking to not really trip on it because people got the mail-in ballot and a lot of people are just going to be like, you know what? i'll mail it. it is the easiest, safest thing for me to do. i wanted to risk it all and show up. >> reporter: covid-19 remains a top issue for voters. shutdowns and restrictions largely fuelled the recall effort, making room for

republican front-runner larry elder. back to you. >> what do we know about larry elder? >> reporter: so larry elder, he is the republican front-runner right now. he is a long-time radio talk show host. people are familiar with his name in the area. he has been outspoken against vaccine and mask mandates, but going back to his background, it gives the newsom team an opportunity to dig into his past. they've used some controversial quotes from him in the past in their campaign ads against him. even some of the republican contenders have criticized elder for comments he has made about women. he also faces allegations of domestic abuse. he has denied those allegations, but talking to supporters of elder's here today they say that they think he's trustworthy and honest. >> emily ikeda for us. thank you, i appreciate it. good to see you. across the gulf coast, in the northeast as we've been talking about, residents are still struggling to understand the devastation caused by hurricane ida earlier charge week. i had the chance to see some of

the damage up close yesterday when i spoke with the mother of one manville, new jersey, family whose home was completely destroyed. let's listen. >> they were here earlier wanting to shut off the electric in the area where i'm standing. the two homes behind me, one completely blew up. the other one in front, it is still smoking because it just happened overnight. the one in front of them, that one lit on fire because the electric that was still there. obviously with the flooding, then pouring on to the electric system, that's why these houses actually lit up. >> reporter: at midnight when you went to bed there was no water, just bad rain? >> yes. around 12:00 a.m. in the morning. >> reporter: then what? >> after two hours i heard someone knocking on my door. they said, you guys got to get out. when i opened the door the water was like this high. i was like, oh, my god, i have no time. i just grabbed my kids, a backpack, went out. >> look at this.

this is a mess. >> reporter: can you guys -- are you seeing it, hally? is the lighting good? >> yes. >> reporter: look at this, completely done. it is uninhabitable obviously. let me walk you this way. this is why you hear the governor saying we're still in bad shape. look at this basement. you might have to -- look at this. it is still completely full. >> yeah. water up to what, six steps from the top. >> they have to empty the water out. >> reporter: that's up to my waist. >> i saw a lot of basements like that yesterday and day before, completely full. people lost nearly everything in a matter of minutes. i think it was one of the most troubling things, is literally it was raining and then suddenly their homes were flooded. one man recounted to me he had to leave his home with his child over his head because the water was so high. his wife didn't even know how to swim. luckily they got to safety. their home, no longer. of course, before it hit the northeast it hit louisiana.

the governor there, john bel edwards, will be holding a briefing shortly to update the situation in the state. we are going to monitor that and bring it to you if it makes any news. vaughn hillyard is standing by for us from houma, louisiana, to bring us updates from there. you know, vaughn, one of the things i have noticed about the storm is that it is different than storms we covered in the past. it hit louisiana and it hit across the country. it kept hitting and hitting, it struck in areas where you were and up in the northeast where i was covering as well. folks there very much still grappling with the aftermath of ida. >> reporter: yasmin, that's right. as you saw yesterday yourself, and the folks here, now seven days without power are seeing that the impact of these storms are much greater than the few hours of winds and rain. we are talking about not only sustained damage here, but you are talking about an entire town with businesses shut down, restaurants shut down, gas stations shut down. you are also talking about

hospitals that are no longer to operate in the way that they previously were. when you are talking about here in houma, louisiana, a hospital, the major hospital that used to see about 100 individuals a day come into the er, they're not able to come into that facility because of the images that you can see in which the damage that they sustained. wind and rain shattering patient rooms' windows. flooding the hallways were the patient, were. there were 120 patients that rode out the storm. they didn't have time to evacuate them ahead of the storm. i shouldn't say they didn't have time, they didn't have the capacity because of covid and the amount of saturation of hospitals in the surrounding areas with their capacity because of covid patients. what they did throughout that storm, unable to have power, able to care for patients, they had to find places including in nearby mississippi. i want you to look, this is what they popped up.

seven days later, 95 degree heat, they've turned the parking lot into an emergency room. i want you to hear from dr. andrea lorio, pulmonologist and a critical care specialist, talking about what they're facing in the weeks ahead. >> reporter: what do the next weeks look like for you? we've seen the video of what happened to your building now. what do the next weeks look like for you? >> very busy. we have a lot on our plate to get all of our clinic services standing back up right, get our hospital services, both outpatient procedures as well as inpatient services back on the ground running. so we have a lot of planning, a lot of infrastructure and things that we need to piece together to get our community supported with health care in our area. >> reporter: yasmin, these doctors, these hospital administrators, these staffers are now working in this parking lot and they will be in the days and likely weeks ahead here as this community tries to restore power, and emergency officials

saying they don't expect power to come back to houma for at least another four weeks. >> wow. >> reporter: up to six weeks. that is what we're talking about, emergency care is now happening right here in the hospital parking lot. yasmin. >> wow. vaughn hillyard, thank you for your excellent reporting on this. we appreciate it as always. coming up, everybody, can covid survive texas's new anti-abortion vigilantie law. >> we will be putting roe v. wade codification on the floor of the house. >> congress -- >> congress. >> -- could pass roe v. wade. >> come on. >> a lot of talk from democrats on solidifying a woman's right to choose, but how much can they do with a -- you know what i'm going to say -- divided senate? we'll be right back. yea, that look of pure terror... ...no, no, the smile... ...and that second right before the first tear comes... ...what?! pizza on a bagel-we can all agree with that. do you want a hug?

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welcome back. so today planned parenthood is celebrating a victory, albeit a small one, in its fight to keep abortion safe and legal in texas. abortion rights advocates were able to get a temporary restraining order that stops an anti-abortion rights group from suing abortion providers and supporters, but their fight does not end in texas as "the washington post" is reporting. other states are looking at texas as a blueprint for how to end abortion rights. i'm joined now by erica sackhin, with planned parenthood. thank you for joining us this

afternoon. i appreciate it. >> thank you. >> give us your reaction to the ruling on the temporary restraining order. >> sure. it is a very, very, very small victory. to be clear sb-8 is still in effect in texas. it still prohibits anyone from getting an abortion after six weeks which is, frankly, before most people know that they're pregnant. it still allows anyone except for the texas right to life to sue providers, to sue people who helped someone get an abortion, whether that's a friend or a family member helping you access that care. so this is a very, very limited victory. >> just to be clear here as a grown woman myself, i have been pregnant twice in my life. i have two sons at home. i didn't know i was pregnant until i was 9 1/2 weeks. just fyi. erica, let's talk about what is happening in texas first, talking about the clinics, the planned parenthood clinics servicing women in the state. you have 35 statewide, six of which provide abortion services. at this time are those six

clinics still providing abortion services? >> so at this time our health centers are still seeing patients, but only providing abortion before six weeks. as you say, it is nearly impossible to access abortion before six weeks. most people won't even know they're pregnant if they're really paying attention until at the earliest four to five weeks, and then you have to make an appointment. there's a 24-hour waiting period. you have to get an ultrasound and then you have to make another appointment. that's only a week to do all of that. so it is virtually impossible. right now our -- one of our health centers that usually sees about 30 patients in that time frame, they saw only six, and three of those people were already too far along to be able to access abortion in texas under that law. >> anecdotally, what did they say? where did they want to go then? did they have any solutions? >> i mean patients are scared. patients are really confused. they don't know what to do. we have a coalition of folks working on the ground to connect people with care out of state. but, you know, texas is

enormous. that means driving hundreds of miles, finding child care, paying for lodging, taking time off of work. for some people we are going to do -- we are going to do everything we can for everyone to try to connect them to care, but for some people this, frankly, means they are not going to be able to access abortion. >> i want to challenge you on one thing here, maybe not challenge you but talk to one strategy i have heard from legal experts. the only way to challenge this law in texas is to make this thing rise again to the supreme court level, to challenge the constitutionality and it would mean an organization like planet parenthood sued for performing abortion on someone over six weeks. is there any plan for you to challenge the constitutionally of the law so it can subsequently be overturned? >> at this point in time we are continuing to operate within the confines of the law. we want to be able to still

serve patients as we can and connect them to care outside of the state as we can as well. look, right now our focus has to be on our patients. it has to be on making sure that we can help everyone we can get connected to the health care that they need. >> so at this point it doesn't seem from what i am hearing from you, there are no plans to challenge the law in the state of texas from planned parenthood? >> we filed for this temporary restraining order. we are absolutely going to continue to do everything we can to fight this law in the courts. we are also seeing people across the country take to the streets to protest this law. we had people across the country protesting on september 1st when it took effect. on october 2nd we are going to see women's march, 90 organizations have events in all 50 states, but we are going to continue to really focus on connecting people to care in texas. >> erica sackin, thank you so much. i appreciate you joining me and lending your voice on this. we appreciate it. coming up, everybody, a

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he retired from nbc back in 2018 after 65 years with the company. 35 of the years was with the "today" show. he was 87 years old. he will be missed. so one of the most recognizable faces from the capitol riot is now pleading guilty. jacob chansley was dubbed the qanon shaman thanks to his getup during the january 6th violence. he is admitting to one charge of obstruction of an official proceeding, a felony. he faces up to 4 1/2 years in prison when he is sentenced in november. also, representative liz cheney has been tapped as vice chair of the january 6th committee, likely setting off even more hostility inside her own party. a few months ago chaens was the recipient of a high-profile demotion when she was ousted from a leadership position.

one -- this week kevin mccarthy went so far as to threaten any telecom company that complies with the committee's recent phone records of which some are his. warning in a statement, this, a republican majority will not forget. sounds like a threat to me. back with me, former u.s. attorney and msnbc legal analyst, joyce vance. good to see you once again. what do you make of kevin mccarthy's threats? >> it is empty. like other legal experts i have spent some time trying to figure out this mysterious law he is mentioning that means the telecoms shouldn't responsible to the subpoenas. there doesn't seem to be anything there. these are-la subpoenas and there are ways congress can enforce them if there's not compliance. it is an empty threat but also a dangerous one. this is a threat to impose some sort of political retribution on companies that comply with

lawful subpoenas. that's not something that's worthy of a member of congress. >> is there nothing illegal about what mccarthy is doing? >> it is potentially illegal. i wouldn't want to get too far out in front of that one, but it is obstruction of justice to interfere with a congressional investigation. there are, of course, some issues that would have to be resolved about whether or not this was legitimate protected speech and debate clause, sort of activity by a member of congress. i think that is doubtful but certainly something that will have to be considered as this situation unfolds. >> what do i think these phone records could actually reveal? >> you know, when you are an investigator looking into these situations, phone records can be very important even when you are just looking at records of phone calls that were made an received because it tells you who was in communication. so, for instance, if i'm an investigator in this situation i want to see who the people on

the ground in the capitol are talking to. if there are tours of the capitol that are taking place in advance of january 6th, which there's been some reporting about, i would like to know who was in touch. this just gives you a web of communication that helps you identify people that you need to talk to. of course, there is the potential for much more in these records, but as a baseline that web of communication is very important. >> it just also seems like somewhat of a tangled web for mccarthy to be saying this publicly when his own phone records, right, are being eyed by investigators right now. >> you know, it gives the appearance of someone who has a lot to hide. if there was some form of principled objection to these subpoenas, certainly it would have been possible to come forward and explain what law they conflict with. we have not seen that. if a subpoena is issued that you believe should not be executed there's a legal process for

quashing that subpoena. so to use a bald threat as opposed to working within the legal system, something that, by the way, we have seen republicans and democrats as well not hesitate to use, right, going to court to block what is seen as overblown oversight investigations. but that's not what is happening here. the appearance of being in many ways desperate and threatening companies that possess this information is a real bad look for mccarthy. >> here is a statement or the response, i should say, to mccarthy from the january 6th committee. we have asked companies not to restore records that may help answer questions for the american people. the committee's efforts will not be deterred by those who want to white wash or cover up the events of january 6th or obstruct the investigation. joyce vance, my friend, thank you as always. great to see you. in the next hour, everybody, can the white house or congress step up to protect roe v. wade, the women's health protection act which would codify abortion rights and get a vote in the house faces a rough road through the senate.

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