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good afternoon, i'm lindsey reiser in for yasmin vossoughian. the clock is ticking on capitol hill. behind the scenes, negotiations are going on right now on a deal that could make or break president biden's agenda. donald trump is just hours away from a rally in georgia, which follows a flurry of lies about the results of a sham audit from his own supporters that proved again that joe biden won arizona. and by an even bigger margin. the latest on the search for the missing fiance of murdered woman, gabby petito. and a bombshell claim in a new documentary about britney spears, how far her father allegedly went to spy on her. we're also following late-breaking news on covid. a judge steps in to stop new york city's requirements for teachers to be vaccinated just days before it was set to start. plus, chaos on the set. >> i need the two of you to step

off for a second. >> ana and -- >> we're going to bring you in later. >> okay. >> and we'll tell you why. >> more information later. it's a tease. >> we'll tell you why in a couple of minutes. >> a covid scare plays out on the air at "the view" as they await vice president kamala harris. today, new questions about the testing that caused that wild scene. we're going to begin on capitol hill where white house officials are warning government agencies to prepare for a possible shutdown. democrats are scrambling to pass several major pieces of legislation, including the president's infrastructure bill. nbc's julie tsirkin is starting us off here. the "washington post" reports that although democrats are publicly staying the course, they're privately acknowledging they're not going to win over any republicans and they need to figure out other measures to fund the government. is that what you're hearing? >> reporter: yeah, lindsey, that's exactly what we're hearing here and it's not hard to figure out that democrats

won't have enough republican support to pass this procedural vote they're going to take on monday night on that short-term government funding extension. by my count, there's one republican, maybe two, that would join democrats in that vote, but remember, it needs 60, and those one or two republicans would only vote for it because disaster relief is attached to it. now, once that vote fails, they'll have to figure out what to do next, and i'm hearing from sources that those rumors are exactly right, that the "washington post" is reporting, they are going to figure out how to pass a clean cr, likely without the debt ceiling attached to it, but remember, they can make it as short of an extension as they want and they're likely going to make it a short one to then force republicans to cooperate with them and raise the debt ceiling come october when that limit expires, and the government essentially runs out of money to borrow. now, separately, on monday, the house is taking a big vote on infrastructure, that bipartisan package, and beforehand, our team just learned they will be having a house democratic-wide

caucus meeting in-person and over zoom. it's a hybrid meeting happening just an hour or two before that big vote to really get everybody on the same page. progressives and moderates on the build back better agenda, lindsey. >> well, some news there. all right, julie, we want to switch gears here. the january 6th panel has issued subpoenas to former trump officials mark meadows and steve bannon, just two of the four. what can we expect from this? >> reporter: it's hard to say what we'll expect because we don't know yet whether mark meadows, former president trump's chief of staff, or steve bannon, his former advisor, will show up to those subpoenas mid-october and there's also two others in trump's inner circle, patel is one of them, dan scavino, another, those first set of subpoenas, i'm told, is not the end. our team has learned with sources familiar to the committee's thinking that this is just the first in a long line of subpoenas they plan to throw down along the way. now, if the four who were subpoenaed do not comply, do not first turn over those documents by october 7th and don't show up

for testimony in mid-october, i'm told that adam schiff said to reporters and other people on the committee said that they will consider holding them in criminal contempt, which as you know will drag out the investigation. lindsey? >> all right, nbc's julie tsirkin on capitol hill, thanks for target us off. after more than ten months, the republican-backed review of the 2020 election results in arizona's maricopa county is finally over. the partisan effort led by a group called the cyber ninjas concluded that joe biden won maricopa county with 360 more votes, by the way, than the county had in its original tally. now, despite the affirmation of biden's victory, gop-backed audits are still pushing ahead across the country. texas is becoming the latest state to re-examine the results of the 2020 election. nbc's steve patterson has been following this for us. steve, what's the latest you're hearing on the outcome of this review in arizona, and also, what can you tell us now about

this new effort? texas? >> reporter: well, lindsey, let's start in arizona because i think reaction really depends on if you see this as part of the battle with larger implications or really the war. certainly if you're one of tens of thousands, maybe hundreds of thousands of trump supporters that were told, by trump, that there would be some evidence of a rigged election from this audit, you may be disappointed. so far, nothing has been proven true, except that it bends even more in biden's favor. certainly none of the allegations, none of the conspiracy theories about bamboo ballots were ever proven true from this audit. meanwhile, though, if you are thinking about this, either as a mechanism of fund-raising, because remember, $5 million in dark money or private donations came of this, or if you're thinking about this as casting further doubt on the election process at all, and maybe looking to enact laws in other states that may make voting harder, then you certainly could see this as part of a larger strategic victory.

and certainly part of that operation came yesterday, the three hours that were used to describe the fact-finding, the information finding from this so-called audit. there was an array of misinformation, an array of allegations that were never substantiated, ranging from signatures that weren't verified to cybersecurity issues to data that was deleted in the 11th hour. i want to play for you a sound byte from a guy named ben cotton. he worked alongside cyber ninjas on the so-called audit. here is some of what he said about the findings, and pay attention to the words he's using to describe this. listen to this. >> there simply is no accountability by anyone accessing these devices. you had shared passwords. you had shared user accounts. you had remote access.

if someone could get access to this system, they wouldn't need a zero day exploit. the systems were so far out of date from a security compliance standpoint that it would have taken the average kiddy hacker less than ten minutes using metasploit to hack this system. >> reporter: cotton and others using this moment to cast more doubt on the elections process, none of those claims, by the way, substantiated in any shape or form. meanwhile, though, this is being picked up by other states. there's an effort under way in wisconsin. there's an effort under way in pennsylvania. and in texas, a state that trump carried, as you mentioned, four counties now investigating. we don't know much more other than the secretary of state said they're looking at the two largest democratic counties and the two largest republican counties as part of their new effort. lindsey? >> all right, msnbc's steve patterson, thank you. we're going to stay on this issue in our next hour. we're going to continue to dive

into that audit in our next hour with democratic state representative and candidate, by the way, for arizona secretary of state, reginald bolding. don't miss that at 4:00 p.m. eastern. confrontation of the steps of the capitol between two house members has gone viral. as house democrats held a news conference on the build back better agenda, republican lightning rod and qanon supporter marjorie taylor greene started heckling them over their recently passed bill protecting abortion rights. michigan congresswoman debbie dingell was not having it. >> i got congresswoman dingell's reaction on that this morning. >> i asked her to be civil. why couldn't she be civil towards a colleague? not by proudest moment but i'm

tired of being bullied, and i've been bullied another different points in my life and you have to show a bully you're not afraid of them. >> you have to show a bully you're not afraid of them. congresswoman dingell had a lot more to say about that confrontation and we are going to have that entire interview coming up in the next hour. we have breaking news out of new york. a federal judge has temporarily halted the enforcement of a vaccine mandate for teachers and other workers. this coming amid the biden administration's rollout of booster shots for certain at-risk americans. nbc's kathy park is in new york. this could be a big blow to new york's plan to keep kids in school and also appease teachers who want to be safe as well. >> reporter: yeah, lindsey, it certainly is an interesting turn of events because this mandate, as you mentioned, was supposed to take effect on monday, but now this federal judge has issued this temporary injunction and the board of education says that they're hoping for a speedy resolution sometime next week, but obviously, this has been a

hot button issue because even up until this point, thousands of teachers have been unvaccinated, and the big concern moving forward, come tuesday morning, was potential for shortages and you know, to fill this void, what would they do? and a lot of administrators were concerned. they said they needed a bit more time to prepare and get more teachers vaccinated. however, mayor bill de blasio came out saying that, look, during the pandemic, they were able to staff up and have the additional resources like the substitute teachers because so many teachers were calling in sick during the pandemic so he said if there was any sort of issue that they came across this week, if this mandate were to move forward, obviously, things have changed. they wouldn't have any problems. but obviously, a lot to be sorted out in the next couple of days, lindsey. >> kathy, the big news this weekend was about the booster shots. what can you tell us about that? >> reporter: exactly. 20 million americans are now eligible to receive a pfizer

booster shot. i'm standing here at a cvs pharmacy, and nearly 6,000 cvs pharmacies across the country are now accepting appointments for that third dose of the pfizer booster vaccine, but obviously, up until this point, there was a lot of back and forth, a lot of confusion about those booster shots, and it was just punctuated by what happened the other day with the cdc director, rochelle walensky, who came out and basically overruled a decision with the cdc advisory committee and essentially expanded the eligibility for people to receive these vaccines and now it includes people on the front lines who have jobs, occupations that put them at higher risk for catching covid-19. but here is her defense and her decision on why she decided to move in that direction. take a listen. >> our healthcare systems are once again at maximum capacity in parts of the country. our teachers are facing uncertainty as they walk into the classroom. and i must do what i can to

preserve the health across our nation. >> reporter: now, as pfizer booster vaccines are being rolled out, a lot of people might be wondering what about moderna and j&j? well, the thing is, you have to wait a little bit. health officials are saying right now those vaccines are still effective but the data is being reviewed. moderna has submitted an application for emergency use authorization but we are still waiting for an application to be put forward by j&j. >> all right, nbc's kathy park, thank you so much for breaking down those late breaking details also on the change to the vaccine mandate in new york city. we appreciate it. we're going to have much more insight into the move to get vaccine boosters out to americans in our next hour. investigators still on the hunt for brian laundrie, fiance and person of interest in the murder of gabby petito. and now neighbors of laundrie's family are raising concerns.

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right now, fbi agents are back in the florida wetlands, resuming their now week long search for brian laundrie. a federal arrest warrant has been issued for laundrie in connection to his possible financial activities just after

the disappearance of his fiancee, gabby petito. her body was found earlier this week in wyoming's national park. >> peter: petito's manner of death was homicide but the official cause is pending. laundrie's family issued a statement that said, simply, may gabby rest in peace. stephanie stanton is this in venice, florida. they're resuming the search. it's pretty treacherous area here. are they sure that brian is in the area they're searching? >> reporter: well, you know what? that is a question that was poised to officials, and yes, they are. they say that they want to leave no stone unturned and they have been here. this is day seven of this search. the carlton reserve. officials tell me today it is a bit of a scaled down search but all week long, they have been out here utilizing drones, helicopters, swamp buggies and other equipment. this is, again, a very swampy

area, and they are dealing with a lot of elements and it's very hot and it is very humid here. officials were led here by the laundrie family. brian laundrie's family says that he set out on a hike on september 14th here in this reserve. although he wasn't reported missing until three days later. at that point, we understand that his ford mustang was parked here so the family retrieved the car, brought it back to their house. that is when law enforcement took the car away. they did a full evidentiary search on the car and it has since been returned back to the laundrie family. so, at this point, there's still no sign of brian laundrie, and as you might imagine, the family's being very tight-lipped. they are not talking to the media. neighbors, very upset about it. we talked to some of the neighbors in the north port neighborhood where the laundrie family lives, and they are not happy about what is going down. they are not happy the way that this family is responding to everything that is going on.

meanwhile, lindsey, while all of this is going on, we know that the petito family, of course, they are in mourning and they are planning gabby's funeral, which is set for tomorrow on long island. lindsey? >> all right, nbc's stephanie stanton in venice, florida, thank you. the attention paid to the gabby petito mystery is raising questions about others who disappear with little if any coverage. for instance, 24-year-old geologist daniel robinson vanished in july in buckeye, arizona, about a 40-minute drive outside phoenix. police found his car in a ravine but three months have passed with no sign of him. his father believes police haven't done enough on the case and thinks people of color who go missing are generally disregarded. his online petition demanding that police do more has been signed by more than 50,000 people. i spoke with robinson this morning. >> now i feel like i need to advocate to try to get some of these police departments to

change the way they police when it comes to missing people. especially people of color. i have found that people of color, we often go unheard. where one person may get immediate attention, a person like myself may take three months, for instance, like it did for me, just to get the attention that we need. >> he's from columbia, south carolina. he's now been in arizona for those three months, and sadly, last year, more than 500,000 people were reported missing. almost 40% of them, people of color. up next, from lying about the 2020 election audit in arizona to new revelations about january 6th, "washington post" phillip joins me next to talk about how trump's lies are creating a political army. about how trump's lies are creating a political army. most bladder leak pads were similar. until always discreet invented a pad that protects differently. with two rapiddry layers. for strong protection, that's always discreet. question your protection.

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welcome back. later tonight, former president trump is set to headline a rally in georgia.

to support gop candidates he's endorsed for office in the state. the event is his first public appearance after arizona's republican-led election review affirmed president biden's victory in maricopa county yesterday. despite this, trump continues to falsely claim that the report from cyber ninjas showed, quote, incomprehensible fraud and called for arizona to decertify their 2020 election results. the former president's comments cap off a week of revelations that reiterate his efforts to undermine and overturn the election, all while knowing most of the fraud allegations he pushed were false. "the new york times" uncovered newly released court documents that show the trump campaign knew that the claims about fraud and voting machines was baseless, yet trump's lawyers went ahead with publicly airing the false claims in a press conference anyway. and the new book "peril" by bob woodward and robert costa outlines a memo drafted by a conservative lawyer that included a plan for then vice president pence to overturn the election.

all of this proving that according to a "washington post" analysis, we're, quote, still learning about the depths of trump's dishonesty. joining me right now is the joun journalist of that piece, philip bump, thanks for joining us. how does the information uncovered this week really solidify that the former president wasn't really focused on the truth, he was focused on winning and getting his way. >> i mean, i don't even know if i would say it solidifies it because it was so solid even before that. what it does is fleshes it out, adds more nuance and detail. part of what we learned, including from the publication of the book "peril" is we learned for example that some of trump's key allies were presented with the, quote, evidence that donald trump had of fraud and dismissed it out of hand because it's ludicrous and contrived and there's no actual real evidence of fraud. we didn't know that lindsey graham had already weighed in and literally called it third grade level evidence.

we learned as well this memo that's really, really striking memo, which is fundamentally legalistic version of a coup. i mean, it really outlines how you can seize power by essentially ignoring what the constitution says. we learned all these ways in which trump's long battle to try and hold on to power once he actually lost the 2020 election, even though there were people around him who were anchored to reality. he just continued to press forward and ignore them. >> you know, i want to read a little more from your piece on this gop battle with trump, and you write, quote, trump used the power of his large, loud, and credulous base to tip the scales in his favor, forcing the grahams, pences and lid cheneys to consider the costs of going not just against him but against all those supporters as well. trump's dishonesty helped create a political army that he used bluntly. what environment does this create, and does that political army still exist today? >> oh, yeah, it's an incredibly toxic environment, and we see it

every single day. we see people who are rallying to donald trump's defense, treating him as a credible actor, which of course he isn't, as was well established even before he ran for office in 2016. it was well established he would say pretty much anything if he thought it served his purposes. but now there is this huge mass of people who see you and i, who see people who work for mainstream media institutions as ourselves not credible because we don't fawn over trump, because we don't treat what he says as real. we are seen as being noncredible and they operate in this sphere in which trump is the person who's telling the truth, particularly about what happened in 2020. it's only not the case. but what it means is that for people like lindsey graham and liz cheney, they're now accountable to a base which believes the surreal ramblings of donald trump over reality itself. we saw that just recently in arizona. and we see it every single day in the response that trump generates politically. >> if anybody wants to see it, they can just google your name and the "washington post," but you have written numerous

fact-checking articles literally point by point debunking some of the comments that trump has made regarding the audit in arizona here. but do you think that the people who need to hear that are listening? >> no, absolutely not. it's really disheartening to do this work and sit down and say, here is exactly what this -- even if you want to treat this report as credible, which, by itself, i mean, it's a product of a bad faith effort to try to cast doubt on the election itself but even if you want to treat it as credible, what donald trump says it says is obviously not what it says. all you have to do is crack it open and look at it but because donald trump just lies about things all the time and lies about these claims of fraud, you just can't make any headway because people don't want to believe that. they want to believe the election was stolen. they don't know anyone who voted for joe biden. they find it hard to believe anyone would vote against donald trump so they simply refuse to. >> philip bump, thank you so much for your time on this. the texas border crossing where thousands of haitian migrants converged in recent

weeks will be partially reopened in about two hours. this comes after the biden administration said the camp that once contained nearly 15,000 refugees trying to flee turmoil in their country was now empty. nbc's guad is in texas in del rio and i know you were on the new mexico side and you said a lot of people had gone and set up camps on the mexico side to avoid deportation. can you describe the scene as these people were moved out? >> reporter: right, lindsey, we have a few different things happening on the american side, things have slowed down. they were able to clear the migrant camp. a lot of these have been processed but right now the next thing as you mentioned is the opening of this border bridge. local officials here are waiting for this bridge to open because the port of entry is so important to these economies. the mayor of del rio announced they're losing $35 million

because of the businesses, depending on workers that live on the mexican side and work on the american side so you have a flow of traffic that is necessary. they're going to be opening up for cars and pedestrians today and this monday we are expected to have the bridge open for commercial vehicles, which is also very important. lots of commerce happening between the two countries. now, about the migrants that went to mexico. so, we know when we look at the numbers, secretary mayorkas said about 8,000 migrants voluntarily crossed back into mexico. a lot of them set camp right on the other side of the river. we spent two days speaking to some of these migrants, lots of uncertainty, some of them deciding to stay in mexico to look for a work permit that would allow them to work legally in the country there. now, the issue with the thousands of migrants that are now in mexico after having crossed into the u.s. is they need a permit that can only be processed down in the capital or in the southern part of the country so it's going to be very difficult for mexican authorities to convince them to travel. what they're trying to do is bring officers from the other

part of the country from mexico city or the southern border to process these work permits and allow the migrants at the border to work somewhere in mexico. that's what's happening on the other side. now, here in the u.s., by the numbers that were released yesterday, we know that they did see a total of 30,000 migrants come through the del rio in total. this is from september 9th. we just mentioned 8,000 went back. but more than 12,000 remain in the u.s. and they're going to go through a process as they wait to speak to immigration judges and see if they can gain asylum in the united states. these are migrants that may still be deported to haiti if these immigration judges determine that they don't -- that they can't become asylum refugees here in the united states, they didn't claim asylum, that is. we also have, as of yesterday, 5,000 migrants that are being transported or that are in processing centers, so you have lot of numbers, lots of migrants that are still in cbp processing

centers waiting to see if they're going to be flown back to haiti or if they will be allowed to join the other 12,000 that will be speaking to the immigration judges, so lots of pieces to this puzzle, lindsey. >> far from being over, guad venegas in del rio, texas, thank you so much. still ahead, questions about covid testing after a chaotic scene live on "the view." >> there seems to be something that happening here that i'm not 100% aware of. can someone please apprise me of the situation. >> i need the two of you to step off for a second. >> okay. >> all this happening with vice president kamala harris off in the wings. we'll be right back with dr. badilia. d dr. badilia. but not every tomato ends in the same kind of heinz ketchup. because a bit of magic unfolds when there's a ketchup for everyone. [sfx: radio being tuned] welcome to allstate. ♪ [band plays] ♪

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ultimately, no one is safe from that kind of treatment, so what kind of governance will that lead to the next time these folks get power? >> keep up with what matters. keep up with chris. "all in with chris hayes" weeknights at 8:00 on msnbc. a different kind of daytime drama than usual on "the view," a scene of chaos as two hosts were told in the middle of the show they had tested positive for covid. they had to bolt from the set as vice president kamala harris was waiting in the wings for a live interview. >> okay, the two of you to step off for a second. >> okay. >> ana and -- >> and we're going to -- >> what happened is that sunny and ana both apparently tested positive for covid and the vice president is being prepped for her arrival. they cleaned the table. they did the hands. everybody's getting all cleaned up and she'll be out here in a second. >> what we're going to try to do now is do an interview with the vice president remotely right in a couple minutes. that's the plan.

we're going to talk to her from another room. >> that interview with the vice president did take place remotely. both hosts say they've been vaccinated and ana navarro has since claimed the test was a false positive and she subsequently tested negative. joining me right now with reaction to this stunning moment and more is dr. bedilia. does this raise questions for you about the current accuracy of covid tests? >> lindsey, covid tests, particularly pcr tests, are usually very accurate. the false positives are extremely rare, incredibly, actually, at the prevalence of disease in society goes down, the false positive rates can actually go up. here are a couple of reasons why that could happen. it could be a clerical error in the lab or there was a, you know, some sort of contamination when the test was being done. the other likelihood is that, you know, we know that people who are vaccinated, if they are exposed to the virus, they can get it in their airway and they can quickly clear it and then depending on the time between the positive test and the

negative test, it might have been they had a very low amount of virus that got picked up with a very sensitive test and then by the time they tested again, they could have been negative. it's hard to know what happened not knowing what the results of the first were but you could have either gotten a false positive test or you could have had a test that just turned negative because there was so little virus to begin with later. >> and just to clarify again, the pcr test that you say is usually very reliable, that's the one that you swab the nose, you maybe get it the next day but the rapid tests are still the ones that sometimes are a little bit more unreliable in comparison. >> well, what i would say is that the rapid tests tend to pick up and be positive when you are most infectious and so they're useful for public health use the way we're doing it. yes, they can be a bit more false negatives with rapid tests but generally, what we found throughout this pandemic is that they are -- they, too, tend to be quite reliable when you are in your most infectious state. but the pcrs are very sensitive, which is why it's pretty rare that they would be false positive. >> got you. thank you. i want to move on and talk booster shots.

as of right now, the cdc director approved a recommendation from the advisory committee, adults 65 and older and people with underlying health conditions qualify for the booster but then she added those who work in high-risk work situations. do you think this will lead to other groups down the road getting a booster? >> yeah, one of the, you know, one of the debates about whether or not we should be expanding boosters to others was that the benefits so far was very clear for hospitalizations and deaths for people over 75, some evidence with people who have medical conditions. >> all right, it looks like we lost dr. bhadelia, unfortunately. i had a couple of other questions i wanted her take on as well. but we will work on that connection. hopefully we can talk to her again. moving on, though, this morning, i had the pleasure of speaking to gavin roberts, who had a very special birthday wish this year. gavin, who lost his father to covid, celebrated his 12th birthday with a covid shot.

>> i just really wanted it, like that day so i could just get out there any way possible to help our community and other communities. to fight this horrible virus. and i wanted, on my birthday, no day to pass so i could get out there as soon as possible. i was just thinking all that time about my dad and how he would help the community any way possible and he would have done the same. he would have gotten the vaccine just the same as we all have. >> his mom is a public schoolteacher, also encouraged parents to take their kids. we want to thank gavin for sharing that powerful message. he was wearing the necklace that he was wearing when he got the covid shot and that's the necklace his dad was wearing when he was admitted to the hospital. all right, we have dr. bhadelia back. we are so glad she stuck around for us. there we are, different room, maybe, different wi-fi. doctor, we were talking about booster shots, and about

specifically cdc director walensky overruling that advisory panel on boosters. i want you to nesh your thought. >> yeah, i think that the, you know, the reason the vaccination --finish your thought. >> yeah, i think that the, you know, the reason the vaccination -- is a good move is because i think that, yes, they are still protected against severe disease but when essential workers get sick, even from mild disease and they have to take time off, we're taking staff off critical jobs and for that reason, i think most people would have said that was probably a good decision to begin with. so i'm glad the cdc director did that. the other reason it was a good idea to do that is because it aligns better with the fda, you know, emergency use authorization the day before, which i think that causes a little bit less confusion. >> you know, doctor, when this -- when the fda committee came out before the cdc advisory panel came out, a lot doctors that we often turn to, including yourself, were on twitter saying, wow, this is confusing. because at the time, groups in

high-risk settings weren't included. do you worry now that because we're seeing how the sausage is made, that some people are sort of questioning the process and this might be sowing some confusion? >> yeah. there's a few reasons. i think that one is no -- there's never been a moment where so many people have watched the fda's advisory committee and the cdc's advisory committee, right, having all those discussions, and i think that the reason is because we're in the middle of a public health emergency, right? i think we have to express that. this is part of the public interest, but the other is that the information during this pandemic is coming in drips and drabs, and so we're having to -- the data that's in front of us and when that changes, you know, we have to change with that and that might be one of the other reasons why it's inherently just been more confusing, one might imagine, when we're not in the middle of a pandemic. but i think we can do a much better job than what we've done. we have to align the policies as much as possible, make it as simple as possible to implement and i think moving forward with

moderna and johnson & johnson getting their boosters evaluated, i hope that there is more alignment between all these agencies. >> all right, very good point. when that happens, we'll have to have you back on. doctor, thanks for coming back on. we appreciate it. well, the architect of the texas abortion law appears to have some thoughts on lgbtq rights as well. raising the question, are supreme court decisions on gay marriage settled law or open to being revisited by a conservative court? stay with us. being revisited bya conservative court stay with us are the things america makes out here. the history she writes in her clear blue skies. the legends she births on home town fields. and the future she promises. when we made grand wagoneer, proudly assembled in america, we knew no object would ever rank with the best things in this country. but we believed we could make something worthy of their spirit. fine, no one leaves the table until your finished. but we believed we could make fine, we'll sleep here.

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in response to texas's near total ban on abortion, house democrats in washington passed a bill in washington codifying the right to have one. that bill seems dead on arrival in the senate with even so-called pro-abortion rights republican senator susan collins signaling her opposition. but back in texas, the architect of that abortion law, attorney jonathan mitchell, indicated in an amicus brief on behalf of texas right to life in regards to the upcoming hearing on a mississippi abortion law that he also has questions about the rights won by the lgbtq community. my next guest, jessica levinson, writes all about this for msnbc.com, pointing out that mitchell writes in the brief filed last week that landmark rulings that struck down laws that criminalized sodomy and uphold gay marriage are, quote, as lawless as roe. saying they amount to court invented rights to homosexual behavior and same-sex marriage. joining me now, professor jessica levinson. so, that you know for being with

us here, and you know, we talk about marriage equality as being a settled issue here, but with a conservative court, is that a certainty, and did you ever think we'd be back here in 2021? >> no, it's not a certainty, and unfortunately, i did suspect that we might be back here and what we're learning from this particular court is that nothing really is settled. think about roe vs. wade. this is a precedent from 1973. think about a case that reaffirms roe vs. wade, casey vs. planned parenthood, a case from 1992. what we know about the supreme court is that nothing is settled except in confirmation hearings when everybody agrees, yes, that's settled law, so what are we looking at? i think we're looking at, first, an attack to abortion rights, and then moving over to, as i wrote about in the piece, lgbtq rights, cases that we thought maybe this is over for at least a long time if not ever. >> you point out in the brief

the mitchell writes, says, one can imagine a scenario in which a woman has chosen to engage in unprotected or insufficiently protected sexual intercourse on the assumption that an abortion will be available to her later but when this court announces the overruling of roe, the individual can change her behavior in response to the court's decision. does this inform your thinking when it comes to how he may also view lgbtq relationships? >> yes, i mean, we probably don't have time to talk about all the problems with that particular statement, being that women can't, for instance, just choose not to be raped, just choose not to be victims of incest, just choose not to have a wanted pregnancy which, in fact, leads to significant fetal abnormalities and potentially a life-threatening issue with respect to the fetus or the mother. what it shows me is that there are other cases where the court made decisions, sometimes very close decisions, where they made

a decision based on the broader language in the constitution, things like equal rights under the 14th amendment. but those could now be on the chopping block because nowhere in the constitution, of course, does it specifically say, women have a right to obtain an abortion or everybody has a right to marry regardless of sexual orientation. because the constitution isn't that type of document. it's a broad governing document that gives us guidance. it gives us a road map. but i think what we see now is we really are at the mercy in so many ways of this 6-3 conservative majority of the court. >> and you go into much more detail in your think piece, jessica levinson, thank you for spending time with us on it. we appreciate it. coming up in our next hour, despite failing to prove widespread voter fraud in arizona, donald trump and many republicans are now hoping to turn up some sort of corruption in a texas election system. a state trump won. what's their end game? do they have one at all? and next, new details into how britney spears' father and a

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every day in business is a big day. we'll keep you ready for what's next. comcast business powering possibilities. opreza: trabajar en recology es más que un empleo para mí, es una tradición familiar. tomé la ruta de mi padre cuando se retiró despues de 47 años. ahora le muestro a la nueva generación lo que es recology como una compañia que pertenece a los empleados. estamos orgullosos de haber creado el sistema de reciclaje. convirtiendo a san francisco, en la ciudad mas verde de america... sigamos haciendo la diferencia juntos. the jury in the trial of r. kelly will resume deliberations on monday. the panel of seven men and five women finished their first day of deliberations yesterday without reaching a verdict. they then asked the judge if they could see the transcript of testimony and evidence regarding a woman who claimed kelly

sexually assaulted her in 2003. the singer is accused of running a chicago-based criminal sbrer prize that recruited his accusers for unwanted sex and mental torment. r. kelly has denied any wrong doing. a former employee of the security team enlisted to keep tabs on britney spears is wading into her legal saga. with new allegations about the pop star's conservatorship. nbc's dasha burns has more. >> tonight, new allegations claiming britney spears was under extreme surveillance during her father's 13-year conservatorship. the new documentary from the "new york times," "controlling britney spears" spotlights testimony highlighting how the conservatorship worked. one former security team member tasked with monitoring spears said those in charge of her conservatorship went to shocking lengths to track and surveil her. tensions mounted when he asked about secret recordings. >> i had them tell me what was on it.

they seemed very nervous and said that it was extremely sensitive, that nobody can every know about this and that's why i need to delete everything on it. so, there's no record of it. that raised so many red flags with me, and i did not want to be complicit in whatever they were involved in. >> the lawyer for black box security, the firm hired by spears's father, said in a statement, black box have always conducted themselves with professional, ethical and legal bounds and they are particularly proud of their work keeping ms. spears safe for many years. just this week, spears's attorney filed a request to remove her father, jamie spears, as conservator immediately. >> what's the legal strategy here? >> britney recently announced her engagement to her long-time boyfriend and they made the point that jamie can't oversee the conservatorship with respect to the prenuptial arrangements with respect to her marriage.

it's just an untenable position for britney to be in. >> reporter: while britney's father also filed a petition earlier this month asking to terminate his daughter's conservatorship, legal experts say the courts may be hesitant to give her immediate independence. >> this conservatorship has gone on for 13 years. it's a business in and of itself. it's going to take some time to wind down. it all really comes down to how the judge wants to go about implementing this. >> our thanks to dasha burns for that reporting. we are approaching the ton of the hour. this is msnbc reports. ♪♪ thank you for joining us, i'm lindsey reiser in for yasmin vossoughian. we are just hours away from a rally from president trump, and while he'll be in georgia, it's likely going to be arizona that's on his mind. after a humiliating end to the sham audit in the state that the former president has been cheerleading for months, the

final results showing that by his supporters' own count, joe biden won the state clearly and without doubt. but if you thought that would stop the election lies in arizona and beyond, you must not be paying attention. >> this whole entire process, this fake audit, and the resulting report and the information contained in there, it's just part of a multifaceted attack on election integrity and our democracy as a whole. what this report and the associated process of the audit will do is continue to fuel these conspiracy theories and these doubters in our elections and that's not going to end any time soon, and that is dangerous. >> in a moment, i'll talk to arizona state representative reginald bolding about all this. he's waiting, standing by. and the fallout from the january 6th violence that trump's election lies helped fuel is also moving closer to the