clearance scandal is about. you can find me on twitter or instagram or ai melber.com. do you think you could be neutral on a big decision that would touch on someone in your family, spouse, family member, your kids? that's the question. it's literally that simple. let me know what you think and we'll discuss it because this is the big issue. as always, thanks for joining me on "the beat." "the reidout" with joy reid is up next. good evening, everyone. we begin "the reidout" with history. the watergate investigation into president richard nixon was suspiciously missing. >> good evening. the white house this afternoon disclosed something else is wrong with the president's

secret tape recordings. an 18-minute important conversation is. [ inaudible ] consisting of a single tone on the tape. that conversation took place just three days after the watergate break in last year and it involved the president, hr and john ericman. >> that recording was critical because it was supposed to capture president nixon easterliest reaction to the news of the watergate break in but disappeared into thin air. conveniently for nixon, it was e erase by his secretary who said she did so by accident with a foot pedal. it was a coverup to his down fall. fast forward to today and we're learning now of a new gap in another white house record, this time pertaining to the presidency of donald j. trump only this gap isn't just 18.5 minutes, it's more than seven hours.

"the washington post" is reporting today that internal white house records from january 6th show a gap in trump's phone records of seven hours and 37 minutes including the period when the capitol was being violently assaulted. that sprawling gap that spans from 11:17 a.m. to 6:45 p.m. represents the most crucial time frame for congressional investigators who are trying to piece together what trump was doing while his supporters overwhelmed police and occupied the capitol. these white house records are not just incomplete, the gap suggests staggering and potentially willful omissions given what we know. for instance, public reporting established that trump spoke with at least three republican lawmakers that afternoon including senator mike lee, senator tommy tuberville and kevin mccarthy but none of those conversations are accounted for. no surprise, the select committee is investigating a possible coverup of the official white house record from january 6th, according to one member of the panel. additionally, they're looking

into whether trump communicated that day through back channels or personal disposable phones known as burner phones. while the omissions from the record are significant, what the law does actually show is also quite damming. most of the names included are the very people at the center of trump's effort to steal the election. people like steve bannon, jim jordan, josh hawley and rudy giuliani and others that continue to stone wall the select committee's probe. they could be accomplices in what a federal judge described as a felonious attempt to obstruct the joint session of congress and yet, the department of justice has shown no sign it's opened an investigation that frustrated many. here is a congresswoman last night. >> i will echo what my colleagues have already said but more bluntly, attorney general garland, do your job so that we can do ours. >> joining me now barbara

mcquaid, former u.s. attorney and legal analyst and former assistant watergate prosecutor and former assistant u.s. attorney for the southern district of new york and nick, i have to go to you first. 7.5 hours is a lot different from 18 minutes. your thoughts on this bombshell reporting from "the washington post." >> there is no question. i mean, this is deja vu all over again. we're dealing with significant evidence during a period of time when all of this mayhem was going on and the real question is looming all overall of this is whether or not donald trump knew that there would be violence and participated in organizing the violence or had encouraged the violence. if that is so, there is real doubt he would be prosecuted criminally for what he did that day but that is the looming question hear and we have no idea what was in that phone record. my sense is, you know, the phone

record just stops at a certain point in time and then is nothing for seven hours which leads me to believe he put it down the toilet or destroyed it. >> there, also, barbara, is evidence of consciousness of guilt. i'm not a lawyer but donald trump putting out a statement saying i don't know what a burner phone is. yeah, you do. he says i have no idea what a burner phone is. john bolton says yeah, you do. john bolton recalls trump using burner phones in several discussions and trump was aware of the meaning. he said he and trump have spoken about how people use burner phones to not have calls scrutinize scrutinized. can you see how merrick garland can look at this and say nothing? >> well, your notion of consciousness of guilt is right on, joy.

this is a classic example of it. so a burner phone is a phone used by drug dealers and other criminals. it a prepaid disposable phone when you don't want a call traced back to you. you use it and get rid of it when you're done. did he use a burner phone? i don't know. the statement he doesn't know what a burner phone is, you don't protest too much when you have john bolton says yes, he did. he used that phrase all the time. when he's saying this, he's trying to distance himself from knowing what this thing is and i think as you say, sometimes that can be used as consciousness of guilt denying knowing what this is an effort to down play the possibility he was using it. really interesting thing. with regard to your question regarding merrick garland. there is frustration charges have not yet been filed and not an overt indication there is an investigation going on. i agree that if i believe that to be true, i would be outraged and i certainly don't have any inside information but i can't believe that the justice department is not investigating

here. i think that people base that on the fact there are no leaks and also, the fact there are no court challenges to subpoenas that the way with people like steve bannon and mark meadows and john eastman and the like. there is a lot of investigation that can be done covertly for example the justice department has access to search warrant authority that the congressional committee does not have so the justice department can obtain things with sealed search warrants from providers and get email content in that way instead of relying on the user to provide it in response to a subpoena. so i think that it's quite possible and even quite likely that the justice department is investigaing here and i take merrick garland at his word when he says they will investigate anyone at any level at the capitol or not on january 6th responsible for this assault on the democracy. >> right, because it's a coup. excuse me. let me go back to just some of the people donald trump has acknowledged he did speak with. it's a long list.

it steve bannon, the people you expect. rudy giuliani, sean hannity, sorry, kayleigh mcenany. would this be a case where the justice department would go down this list of people that they know donald trump did speak with and try to back fill and figure and get their phone records? how would you go back and piece together who he spoke with. this is people we know he spoke with. we don't know if there were any other lawmakers he spoke with. there were stories that talked about ted cruz' involvement. ted cruz and josh hawley were involved in objecting to th john eastman's plan and following the playbook. there is so much that's circumstance, trump's aides knew what was happening and mark meadows and clearance thomas' wife knew what was happening. they have the same information.

i don't see how everyone could have come to the same idea how to steal the election and not talk to each other. is there any way that a prosecutor can look at that set of facts that all these senators seem to know what is going to be done? eastman has written it down in a memo and everyone is acting the same way but they don't know and aren't talking? that doesn't make sense. >> that's a situation where the prosecution would try to prove there is a conspiracy and different people have different input and different roles and different participation but they were all in the same page and part of the same agreement and there is law that says a conspiracy may be proved that it was not just an explicit agreement by implicit agreement. you don't have to get-togethers in the same room and sign a document that says here is the agreement as long as they're on the same page. it does appear that's what happened here. and as for this absence of phone records, the absence of phone records does make the prosecutor's job substantially harder here.

one of the values of having a list like this, you can see who the calls were and talk to the people about the subject of the conversation. you have to piece it together but reverse engineering and finding out from the callers themselves or recipients who they were. it may be some calls are lost to being reconstructed in that way but as you said, we do know from reporting and statements by the people on the other end of the line there were lots of calls that day so you have to piece together the content of the calls from that end of things and that's going to be much more difficult and finding out how is it that donald trump talked to all of these people and yet, there is no record of it? there is a burner phone or reporting he's in the habit of grabbing a phone from an aide and say give me your phone i want to make a call and using that person's telephone to do it. it is true that you can put together a conspiracy even if you don't have donald trump being the one who is communicating every directive in this plot. >> and, you know, nick, to take this back to nixon to watergate,

i don't know if you have the answer to this but i'll throw it out there and ask you. who is responsible for making sure all the communications from the white house end up in the national archives? is there one person you can lay that on? mark meadows as chief of staff but could be someone else. >> let me say this whole presidential papers act was not enacted until after watergate. it was enacted in response for one, nixon back dating the papers for the government basically committing tax fraud and two, because he was also not releasing any of these tapes that were in the white house and congress just decided to step in and make the presidential papers, the property and the people. the question is who is responsible? we don't really know who that is. we know that donald trump would continuously rip up documents,

ignore the acts, put documents down the toilet. we need a grand jury investigation. the problem we have right now is that this committee is unwilling to bring its own members of congress in and take their testimony. this would not be an issue if you had a grand jury with a prosecutor who could bring people in and question them. they'd have three choices. one the to either take the fifth amendment, two, they tell the truth, or three they go to jail. and if they take the fifth amendment, the government then has the opportunity to provide them with use immunity and force them to testify and if they don't testify, then they go to jail for the life of the grand jury, which is 18 months. that is the only way you really are going to pull this apart and find out exactly what happened. i mean, if they're not going to go to jim jordan in the house committee and they're not going to go to other members of

congress, you can be sure that a grand jury could do all of that, put it together and be able to put together a case here and find out what happens. so i agree with barbara. i think the documents that relate to the phone calls are gone. i mean, it going to be almost impossible to reconstruct everything that happened over a seven-hour period. that is quite remarkable. but i think getting people to testify and doing this, the government ought to do it. nobody is saying they should necessarily indict anybody right now. all i'm saying is they ought to have a grand jury investigation that would be a lot more effective than what the january 6th committee is doing now. >> there was more vigor to find out that hillary clinton had her rosoto recipes and daughter's wedding planning information on a personal server. there was an actual

investigation, criminal investigation that got announced 11 days before the investigation because she was using a personal server not to hide crimes but for everything so we literally on news, on the news, on national news were talking about her freaking rosoto recipes and this may have cost her the election. there was a criminal investigation about this woman's emails and we can't get merrick garland to even indicate that he even cares to do anything about an attempted coup that involved the united states senators and the white house. i don't get it. merrick garland, are you alive and awake? barbara mcquaid, that's just me. i won't put that on my guests. thank you both very much. much more sober. i'm much more angry about this. up next on "the reidout" facing fierce resistance from the ukrainian military, russia announces a pull back of troops from two cities including kyiv

as glimmers of hope from the peace talks and desantis instead of going after same-sex marriage, he's targeting just the discussion of sexual orientation in schools. chris rock is still silent but will smith and jada have something to say. "the reidout" continues after this. say "the reidout" continues after this hey businesses! you all deserve something epic! so we're giving every business, our best deals on every iphone - including the iphone 13 pro with 5g. that's the one with the amazing camera? yep! every business deserves it... like one's that re-opened! hi, we have an appointment. and every new business that just opened! like aromatherapy rugs! i'll take one in blue please!

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in what might be the most tangible sign of progression in ukraine, putin said the kremlin will reduce military activity near kyiv. the u.s. is seeing the movement of russian troops away from the capital city but the official cautions that it could just be an indication that russian president vladimir putin has been forced to adjust his

original plan in the face of fierce resistance from ukrainian fighters. president biden says the proof will be in russia's actions. >> we'll see. i don't read anything into it until i see what their actions are. we'll see if they follow through and what they're suggesting. >> this comes as russian and ukrainian officials met in istanbul today for face to face talks. ukraine again abandoned efforts to join nato in exchange for international security guarantees and a discussion of possible face-to-face meeting between putin and ukraiian president volodymyr zelenskyy if a peace treaty can be worked out. in a video tonight zelenskyy said while negotiations continue, there can be no compromise regarding sovereignty and integrity of his country. for now, russia's assault continues. a missile attack today left a gaping hole in a government building. according to ukraine's emergency services, at least seven people were killed and more than 20 were injured and in the western

city firefighters are dealing with a massive blaze after a missile struck a store rig facility. joining me is a member of the ukrainian parliament and washington correspondent. the signs of a potential peace deal i guess they sound good to us far away here but your family is still there. how does this talk of potential progress towards peace sound to you? >> you should understand every ukrainian would like to see hope in what putin is basically saying and what he's promising but it is difficult not to agree with president biden when he says if they follow through with what they're saying that might be one of the solutions. unfortunately, so far, we have never seen putin keeping his

word because i remember he's been saying that ukraine has to give out the nato and in 2014 when he invaded ukraine, we had zero intentions for nato. it was not in the contusions and the majority of the population did not support it. now, a month ago, a little more than a month ago, we said, we were told if there is no escalation on the ukrainian side there would be no war. there was zero escalation but he still started it so we would like to see this happening. we would like the seize fire but we totally understand you cannot negotiate with the person who never keeps his own word so probably he just needs time to regroup for his own military and to show that it was his plan, now that he's actually failing in ukraine and that his army is stopped and almost surrounded in the suburbs of kyiv because that is what is happening. in one of the examples you haven't mentioned before about a few hours ago, they bombed a

city which is in the western part. they shot missiles there and this is a city that has nothing to do with army. it just in the western part and it was not the fuel storage of something they were shooting. they were shooting today. they were shooting the areas where people live and were actually people work, like the government buildings. so far they're negotiating and dropping bombs on cities. >> there are signs of -- what do you make of this? our good friend of the show tweeted that the russian announcement that they were going to reduce military presence around the capital was not made by putin himself. it wasn't the defense minister. it's a deputy defense minister. it's a lower level person making the announcement that made him dubious how much we should take

from it because meanwhile, you know, russia is shifting rhetoric and saying we're going to focus on so-called liberating the donbas region. they've been occupying since 2014. liberate what? none of it seems to make a lot of sense what you're hearing coming out of the kremlin. how do you read this? >> i think the announcement was made by the people actually in assemble for the talks and that's interesting because these are not -- this is not the a team. this is not the a list team that's negotiating with the ukrainian side. as for the donbas region, it's much bigger than the areas occupied before the war and part of the goal of the war is to liberate quote unquote the entire donbas region to make the boundary or borders of the donetsk or people's republics coincide with the territories of the regions, which are much

bigger than those little people's republics and even in that part of the country where before 2014 there was a lot of support for russia and these were russian speakers, even in that part of the country, they're having a very hard time making any headway because people are resisting. people don't want to be liberated. >> yeah. and i mean, they don't want to be part of russia and, you know, that is i guess begging the next question. is there any circumstance under which in any peace agreement ukraine would accept to allow russia to annex pieces of ukraine? >> no. because it means to give up our own people and when i hear people and when i hear foreigners, i'm so sorry to say telling why don't you give up the donetsk region or crimea or already occupy the regions like for example like mariupol, which is actually part of donbas region, as well, i'm asking would you give up your mom or

any other area in ukraine or can you imagine somebody telling the united states okay, give up i don't know florida or alaska or hawaii and i cannot imagine even these negotiations with any, like, any other country with russia so we're not doing that, either. unfortunately, from what we see so far, putin needs time because he's been losing and losing heavily. you see the numbers of the soldiers that died and that's why they started using a new strategy called kill as many say -- civilians as you can and they begged for air defense and systems and jets that we have not received from international partners because this was the only chance for us to survive and fight back on the ground. but so far, it seems like he literally needs to pull out his army from kyiv because in kyiv he will stop. the plan is to take down in 24 hours. he didn't manage to do it in

more than a month and even now his army is totally surrounded. so basically, i think it will end up in maybe a partial seize fire, which is good for us. the only thing we keep asking is just to let us take our people out on the occupied territories so far because there is still stock in kharson and ukrainians do not want to live in russia and move to russia. this is something unbelievable. 60, 70 years ago this is something you could not imagine now in the 21st century so putin needs time. he's playing with us. but we will negotiate until the very last moment because if our negotiations gives us extra time to take people out and save

people's life or even gives time for our international partners to provide us with an air defense system we need to protect our city, we'll do that. >> you know, and last question to you, julia. the international community has not been successful, you know, in negotiations where there are questions of who owns what land? you know, we've seen in palestine, the international community is emp tent to deal with what pieces are israel and what are palestine. they don't have a great track record and i think the worry for a lot of people is we're watching this horror take place in ukraine and the international community and the west doesn't have an end game in mind, either and doesn't have a way that this ends with ukraine keeping its territory integrity but feeling safe from russia doing it again saying they don't want to be in nato, doesn't that invite russia to take more territory and eat

up more pieces? do you see a way the international community concocted some end game that leaves ukraine whole and gets russia to pull back? >> well, unfortunately, there is not a lot the international community can do and i think it's something that's very hard often for americans to understand even after the debacle of afghanistan, the debacle of iraq that there isn't that much we can do short -- even when we invade and occupy a country to change the culture of a place, to change the political reality on the ground, especially from the outside and this is i think for once, we have an administration that clearly sees both what it can and can't do and what tool, what levers of power it does and doesn't have over vladimir

putin, those being the sanctions, arming ukrainians, making sure they have as much of what they need to fight as the u.s. is willing to give them but all my sources in the biden administration before february 24th were saying we're trying to make this war not happen but we can't get inside vladimir putin's head and make him not do it and ultimately, this still comes down to him and what is in his head and what he's willing to give up, when he's willing to stop this war and unfortunately, he has now with the propaganda apparatus has been running a full steam for the last two months, he has a real conten gin see inside russia and hard domestically to climb down from the -- >> shameful. >> there is not a ton the u.s. can do about that. >> that is a crying shame. i think most people would agree with that. ukrainian member of parliament,

thank you very much. julia, thank you. really appreciate you both. still ahead, deja vu as conservatives recycle the anti gay marriage push from 2004 this time even just discussing gay or gender identity because if you don't talk about the lgbtq community, they don't exist. right? we'll be right back. exist. right? we'll be right back.

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governor ron desantis is solidifying his status as america's worst governor. on monday, flanked by school children he signed into law the parents rights and education bill better known by a phone -- opponents of don't say gay bill. the law allows parents to sue if they think teachers are talking about lgbtq topics to children from kindergarten to third grade silencing students from talking about their own families or allowing a safe environment to ask any questions, which is terrifying. but that is just the start. equally alarming, at least 15 other states are pursuing legislations similar to florida restricting how lgbtq issues are taught in schools. democrats would be well served to pay close attention because ron the junior don is running a campaign and we seen this before.

what republicans are doing now is simply a repeat of the 2004 playbook like banning gay marriage as officials in san francisco and massachusetts began recognizing the right with an eye helping george w. bush retain the white house. in february he backed an amendment to ban gay marriage with the right wing fear mongering. >> the union of a man and woman is the most enduring human institution. marriage cannot be severed from the cultural religious and natural roots without weakening the good influence of society. >> oh, w. the proposed amendment was pushed by the right in an effort to paint him as out of touch with voters on values. there was also a raft of gay marriage bans on the ballot in 1 1 states all of which passed. including critically in ohio, which narrowly handed bush his victory.

and much like in 2004 republicans today are pushing their lgbtq attacks on steroids and nbc news analysis found state lawmakers proposed 240 bills targeting lgbtq students, athletes and curriculum in the first three months of the year alone. most of them targeting transgender individuals specifically. in fact, just today pennsylvania republicans became the latest to propose a ban on transgender women in sports claiming to support women but republican lawmakers in states across the country are also targeting women by erasing past laws that restrict access to abortion and set women up for lawsuits. meanwhile, republicans in missouri want to go full gilead to ban reidents from accessing abortion and critical race theory. the blueprint laid out by glen youngkin in virginia to scare the hell out of white parents

and drive them into republican arms because when it comes down to it, republicans are putting it into the law to apiece one group of voters in particular. that is coming up next. particu. th iats coming up next

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today we will sign hb 1557 the parents rights and education bill. parents have a fundamental role in the education, health care and well being of their children we will not move from that. i don't care what corporate media outlets say. i don't care what hollywood says. i don't care what big corporations say. here i stand. i'm not backing down. we will make sure that parents can send their kids to school to get an education, not an

indoctrine nation. >> signing the bigoted don't say gay law into effect yesterday. the ceo of the public religion research institute and author of "white too long" in american christianity. the law that was signed, the don't say gay law that was signed, it doesn't even track with what floridians think about lgbtq issues, non-discrimination laws and religious based refusals opposed by 66% of americans and 66% of floridians, same-sex marriage supported by two-thirds of floridians. so there isn't an actual constituency demanding this. in your view, what's the point? >> well, thank you so much for having me. it's great to be here. it's also very great to be gay on this show and i'm going to say -- >> we can say gay here.

>> we can say gay here. i think you hit the nail on the head. i think that's the reason you saw the governor sign that bill in the most cowardly fashion possible just so people know who are listening, he hid this from his agenda until the last minute. we didn't get confirmation until probably 45 minutes until he signed the bill that's what was happening in that room. he also tucked away this event at a charter school to which the law won't even apply when it goes into effected july 1st and closed the event to the public to avoid coming face-to-face with the ramifications of signing such a hateful, harmful piece of legislation the ramifications, the likes of which he's seen across the state as students have walked out by the thousands. to your question what is the point, the point is scenical and political in nature. this isn't the first time we've seen politicians like glove none ron desantis join forces with the right, the anti democratic far right by the way to whip up sort of fear and ferver against

lgbtq people. there has long been a marriage between right wing forces in this country who view democracy as merely an obstacle and the u.s. government as a vessel for imposing their believes on everyone else and the cynical power hungry self-obsessed politicians like governor ron desantis willing to fuel hatred at whatever cost to climb the ladder. that's what we're watching now. >> thank you for being here. i was not in media but politics in 2004. i've seen this movie before. george w. bush is a methodist, i grew up methodist, it's one of the most moderate religions in the world, we were home for football. most people didn't believe that was what his real interns were because he saw the party saw that this was a way to win and it was all about one group. ron desantis might have stood up there in that sign in front and said protect white christian children because this isn't

about everyone. it's definitely not about people that look like me and not about brandon. it is about white christians and getting them all ginned up for this election. your thoughts? >> well, you know, i think that's dead on. i think you're right to telescope us back both in time and kind of widen the lens so it's a little whiplash look back at 2004. what is strikingly different, in 2004, most americans did actually oppose marriage equality. today, it's nearly 7 in 10 americans and floridians so desantis has this big speech about i don't care what corporations say whatever. he might want to care about what floridians have to say, right, about these issues and the data is pretty clear about that. they're broadly supported of lgbtq rights and you're right one of the challenges is our two political parties are very polarized and their gop is very

homogenius. half of those in the party are one group of white christian, white evangelicals and the only group, by the way, in the country today and this is also what is strikingly different than 2004 when many people thought of marriage equality as a religious versus non-relist -- non-religious issue. today, every group except for white evangelicals support marriage equality, right? but it is about ginning up kind of fear and really if you step back and see this against the anti crt bills, the emerging picture is that the don't say gay, don't say racism bills are part of this coordinated effort that it's just this message and they are really scenical. they are scenical. it a culture war and they're really about fashioning weapons for the culture war and for political campaigns in the guides of legislation. >> you know, and brandon, they're doing everything from the qanon thing is an open

glaring attack, a sideswipe at the lgbtq community claiming there are pedophiles or people brooming people. they use that kind of language of marjorie taylor greene ordering pete buttigieg and his electric car to stay out of the restroom. i'm not sure why you would take an electric car into a restroom, into the girl's bathroom. don't know what she means it's so dumb. madison cawthorn saying he's been invited to orgies. looking at the loving versus virginia law so inter racial marriage should be on the table. it so cynical, it is specifically to generate excitement among this one group. in florida is that going to be a strategy in your view that democrats are prepared to fight back against? or that anybody can fight back against? i know you're not a partisan. >> i sure hope so. i hope that some of the lessons

we've taken away from this fight against the don't say gay bill is we have to tackle these head on and call them what they are and name them in the context as you're doing and harken back to where these things came from. there is a reason that keep in mind it's not just that is the office of the governor, of the third largest state in the union, accusing floridians, a majority of whom don't support this bill, of being pedophiles. the reason that that stings so much to our community is because they are the same and dangerous tropes that have been used to justify discrimination and violence against us forever. i hope that we're prepared to push back, and be firm in our opposition to that kind of hateful bigoted rhetoric. >> when you say encouraging violence, it's a literal, because qanon was part of the

january six insurrection, this is a violence cult. they're saying these things just to get these people exercising, turn them on people, and stick them on people. it's as violent stuff, and the governor of florida is engaging in this. brandon wolf, robert jones, up next, the slap, the apology, and the fallout. you know what i'm talking about, we will be right back. l be right back. i've always focused on my career. but when we found out our son had autism, his future became my focus. lavender baths always calmed him. so we turned bath time into a business.

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loaded with historical moments. but let's just be clear. all people are talking about is this moment. [laughs] >> oh wow. wow. will smith just smacked the bleep out of me. >> last, night will smith took to social media to formally apologize to chris rock, and jada smith posted her public comments on instagram, this is a season feeling and i'm here

for it. -- we are short on time, a sigh just want to let you go, what did you make of this whole incidents, and the reaction in the fall out? >> the whole incident. joy, i'm stuck on this. if you insult my wife in public, in front of the whole world, i'm going to have to do something about it in front of the whole world. i am not a violent person, i'm a reader, i'm an intellectual. but if you insult my wife, and her physical and periods in the midst of her going through a difficult, sensitive, medical situation? i don't know how many times he's had to hug her, hold her, trying to make her feel better about losing her hair, in front of the whole world. and then you stick your finger in that, in front of everybody, my whole work community in the whole world, and you expect me to just be a gentleman about it? i can't do that. i can't blame will for snapping, and wanted to protect her, in a way that he wasn't able to protect his mother when he was

a child, right? we have to link it back to that. i cannot -- i'm not saying i would have done it, but i understand. >> there are two sides of it. on the one hand, i agree with you. number one, we are not sure that chris rock knew about the alopecia, knew about the medical issues. >> it doesn't matter -- you can't make jokes on the expense of a specific woman's physical appearance. >> yeah, yeah, i agree with you. here is the other thing. the sort of followed of people sort of claim in that, he should have to pay a price with his oscar, to me seems insane. jamele hill and carrie champion made the point today, robbie weinstein still has his oscar. it's not gonna take action against other people, some people seem like they should just simmer down, your thoughts? >> yeah, they should simmer down. look, will smith, i'm sure, does this, stands up from his seat knowing full well his privilege in that room, and in that town. he is one of the aaa list

maximum elite stars in that world. he knows that he can get up there and smack chris rock, and sit down, and nothing will happen. so he decided to take out his entitlement card and maxes out right now because i can. but he knows nothing is gonna happen, the lapd is not going to be called, and you know what next year, the oscars will have him on stage presenting the award for best actress, like nothing happened. >> in a sense though, chris rocks's tide of this story, he hasn't said anything yet. he's probably gonna speak through his comedy team, because he is on tour right now. the tickets are already selling out, i'm assuming he's going to have his say when it's his turn to do is routine, you know? >> look, he can have his say about will. he will say whatever he wants. will it is like, i am fair game, stick knives and arrows and me, it's all good. don't make more jokes about

jeita. really, part of the reason why this is a conversation, is because black women can be attacked in that way. imagine him saying something like that about some of blair, who is going through ms. imagine him saying that, judy dent, you're looking fat this year. the room reacted negatively to the jada comment, they would completely destroy him for attacking a fragile white women in the same way. the lack of understanding of the primal notion of you insult my wife, my children, my mother, i'm going to be moved to do something about it, i'm not sure why that is so lost in this. >> i think people understand that. what do you make of the argument that he also did commit violence on national tv, and that he wouldn't have struck, potentially, maybe a white comedian that way? >> i mean, i can't do the hypotheticals, right.

i mean, i don't believe that he would have not have struck a jimmy kimmel in the same way. but i also don't know that a white comedian would be repeatedly attacking jada from the oscar stage. don't forget, this is chris rock's second time attacking jada. >> well we've got to go, i appreciate you brother, i am for both of them healing, and winning. that is my verdicts, thank you very much. that is tonight's read out, over to chris hayes right now. tonight on all in. who did the president call, and why did he call them? >> 1000 people attacked the capitol, right at that time, that there is this gap, who is he talking to? what is he doing? >> blockbuster new evidence on the january six committee, showing a missing record of white house phone calls, on the