stands as true or more important now than when it first came snout what protest song or any song, whatever you want to call it, out there do you want to share? you can tell me @arimelber on social media or connect with me @arimelber.com or @arimelber. what protest song should we all be listening to in today's america? that does it for me. "the reidout" with joy reid starts right now. ♪♪ >> tonight on "the reidout" -- >> this is really at its core a storage argument that they are make. >> i don't think a fight over storage of documents is worthy of what they have done. >> storage, the shameful hypocrisy of the trump defenders after years of attacks on hillary clinton over her email server. speaking of shameful, the judge who granted trump's request for a special master is creating special rights out of thin air for the man who appointed her,

rights that you and i would never ever receive. also tonight, how families are coping in the grief-stricken community of uvalde, texas, as they accepted their kids back to school for the first time since the massacre at robb elementary. we begin tonight with the 1974 supreme court case that was credited with ending richard nixon's presidency. >> good evening. president nixon has not yet responded to the sledgehammer decision of the supreme court today which ruled that he must immediately turn over tapes of 64 presidential conversations. in a unanimous decision written by chief justice warren berger the court rejected 8-0 mr. nixon's claim of absolute privilege on those tapes. >> the case, united states versus nixon, was all about the watergate prosecutor's demand following a subpoena for those audio tapes of conversations recorded by nixon in the oval office. chief justice warren berger, who

by the way was nominated by nixon wrote, we conclude that when the ground for asserting privilege as to subpoenaed materials sought for use in a criminal trial is based only on the generalized interest and confidentiality it cannot prevail over the fundamental demands of due process of law in the fair administration of criminal justice. the generalized assertion of privilege must yield to the demonstrated specific need for evidence in a pending criminal trial. nixon was ordered to turn over the tapes, and we all know how that ended. that brings us to yesterday's nonsensical decision by the truffle-appointed judge to not only approve the twice-impeached former president's request for a special master but that this person would be able to sift through the more than 11,000 documents and items the fbi seized from trump's florida golf resort to make a ruling on both attorney/client privilege and executive privilege. now, remember. executive privilege is granted

to the office of the presidency and to the person presently in that role which trump is not, and president biden has not offered to assert -- to extort privilege in this case. it's also meant for use during a dispute between the different branches of government, not inside the same one, as in this case. the president and the justice department, they are part of the same executive branch. i mean, it doesn't take a legal degree to understand that. but in her ruling trump-appointed u.s. district judge eileen canon wrote even if any assertion of executive privilege fails in its context, that does not negate the former president's privilege to raise the matter. what should be clear from the 1947 court decision? even to a trump judge that executive privilege cannot be used to cover up a crime. it also should be noted that when it comes to executive

privilege neither trump nor his legal team even appeared to out their phrase when they handed over those classified documents to the national archive in january or to the fbi in june and now all of a sudden they are so concerned. also to be clear, executive privilege material only covers communications between a president and his advisers. it does not cover all written or created materials like the hundreds of classified documents that were seized from mar-a-lago. the effect of yesterday's decision, they go well beyond this one case. as andrew weissmann, the former fbi general counsel and senior special counsel for robert mueller's investigative team writes, one of the most dispiriting aspects of the decision yesterday by the federal district court judge eileen canson that it undermines the work of all the other judges who have tried to adhere to their oath and add minister justice without respect to persons and do equal right to the poor and to the rich and to faithfully and impartially discharge and perform all of the

duties incumbent upon the office. her ruling is untethered to the law and presents a skewed recitation of the facts. her actions make the question who appointed the judge a sadly relevant one in evaluating a judicial upon. joining my know is an msnbc legal analyst and isn't any okney, former federal prosecutor and david r. cohen who is a former federal special matter of. thanks to all of you for being here. neal, i'm so glad you're able to be around because your tweet thread on this ruling, it captured my -- my vibe, my entire vibe. even as a non-lawyer, i read that decision as ridiculous because she seemed to be, number one, defending the idea that an ex-president could exert -- assert executive privilege which i quickly goggled the nixon case. it's like no, you can't. even a current president can't do it if there's a crime involved and an ex-president certainly can't and then was

this piece and i want you to comment thon because this is what got me the most annoyed. this is her quote. as a function of plaintiff's former position as president of the united states, the stigma associated with the subject seizure is in a league of its own. a future indictment based to any degree on property that ought to be returned would result in reputational harm. reputational harm over decided different offered magnitude. neal, my friend. >> joy. >> isn't any investigation -- doesn't any investigation of you hurt your reputation? >> go ahead. this claim is ridiculous. first of all, you're asking about the supreme court cases like the 1972 nixon case so you are a woman after my own heart. this is what i love talking about. when i ran the solicitor general's office we had an informal rule. if you're the president and you're citing a nixon case, that's bad news for you. and for two reasons.

one, the case makes clear that executive privilege gives way in the context of a criminal investigation. that's what we have at mar-a-lago and, second, you can't have executive privilege against the executive branch. it's not something like post-presidential privilege that allows to you keep any documents you want after you leave office. at most it means there are some documents that have to be returned to the archives which is just a sideshow here so i think are three big problems with the judge's ruling yesterday, the scope, the separation of powers intrusion and then just the craft of the thing, so for the scope, even if you think that a special master might be helpful like perception-wise or something, she does more than that, joy. she enjoins, she stops the entire federal investigation while we wait for a special master. i've never seen anything like that. that's obviously an intrusion on separation of powers and why i think the justice power will have to seek some further reconsideration of this ruling and then as a mast of craft, i

mean, just think about it. this is the most important professional thing that this judge has ever done in her lifetime. you would expect the "a" game. this is more likes food court than it is judicial court. you know, every defendant would love a special master. every defendant says what you just put on the screen, joy, oh, the stigma of this investigation is hurting me. every defendant says the reputation will be sullied. every defendant says they are being unfairly targeted and set up. none of them get special masters. only this personal, and it's because, unfortunately, it looks like there was a forum shopped federal judge, you know, who wanted to stop an entire criminal investigation t.stinks to high heaven. >> it does. isn't yeah, i know, because i know you, i know you used to deal with a lot of, you know, sex crimes, really horrible crimes that you used to prosecute. if you want to talk about reputational harm. that's reputational harm. you get accused of something ufshlgs anything illegal, your

reputation is harmed, full stop. for judge to hinge the idea that donald trump stole some things that belonged to the federal government and had them in his house and that going and getting them and then using them to investigate the theft causes him reputational harm is ridiculous. i'm sure every defendant in a courtroom face you would have said the same thing. what will be investigators in your view, how do they feel with this, because my guess is if they go to the 12th circuit which trump appointed like, what more than half of them or they go to the supreme court, they are like his people, they are not going to win and it's going to take forever so what do you think investigators do now? >> they would go to the 11th circuit. >> 11th circuit, sorry. >> put your finger on the justice department. they are between a rock and a hard place. the choice is to go back to this judge who is not so wonderful and brilliant, to go back to this judge and ask her to maybe change it or fix it or get the

special master going, and she's somebody who is obviously in trump's court who may figure out ways to delay it and then she's a problem and then the other choice is to go to the 11th circuit and then maybe that gets appealed and maybe it goes up to the supreme court and maybe it takes a year and a half and maybe all kinds of other terrible things happen so they are in a terrible position, but probably on balance they stay and get a special master because it probably take less time than the 11th circuit supreme court route even though that leaves in place this terrible ruling which is essential little tell people trump gets special treatment, trump is different and just know if you're rich and famous you get a different kind of justice. that's a terrible thing to leave on the team for the american people so if you want to get this case moving, you don't have much of a choice and i would just say i think we need a special master and i think neal would be a good one, hat the

temper meant we're look forks the pedfree and he's done all this stuff. i would like to normally nominate him. >> i would happily nominate neal, but as you know, trump is probably going to ask for devin nunes or like the kraken lady or like rudy giuliani. we're like in bizarreo world territory right now. we have a former special master here on this panel david cohen. i just want to ask you. can you go through, what are the qualifications for job? >> well, joy, he had me fin by saying i disagree with almost everything that everybody has said, believe it or not. look, the key to being a special master and to being a federal judge is to be neutral and so everything that any of you said you should be willing to say if the same thing had happened to president obama or president bush or president anybody else. >> i think all of us would. >> yeah. >> all of us would. this is an exceptional case,

right this is an instance where the president maybe for good reason. i'm not arguing that on the merits eventually all of the documents that were in trump's basement were there improperly. i have no opinion on that. what i am saying -- >> you don't have an opinion on that. you don't have an opinion on that. >> no, i don't. >> who do the documents came -- one moment. if these were documents, national security documents. who do they belong to? >> the reason i don't have an opinion on it is because as special master if i were to take this job i'm not allowed to have an opinion on it. i shouldn't have an opinion on it until i spend the time to tons exactly what there is, what is there, whether attorney/client privilege applies, whether executive privilege applies, learning the law to make that assessment. >> one second. can i ask you a question. let me ask you a question, just a factual question. can you have attorney/client privilege over classified documents that in a folder that says classified ton that's a government dock snumt can one

assert attorney/client privilege over that, ever? >> i'd have to -- ever, yes. never is too big a word. >> so you're saying that donald trump could take control of government classified documents legally and just store them in his basement and that's potentially legal? >> that's a very different question. whether he stored them there appropriately is a different question. i am guessing the answer is no. it seems unlikely that anybody, any president, anybody should be able to take a classified document and keep it in his basement mixed up other documents. >> okay. thank you. >> that's a fair assessment but that's not what's being examined. that's not what's being questioned right now. what's being questioned is whether the documents are privileged, whether there is a privilege that the president has, any president has, from turning those over and to get a neutral party who i think should probably be a retired judge or another judge who is used to this kind of inquiry who understands the law of privilege

who will have to learn the law of executive privilege because there isn't a lot out there. >> he doesn't have executive privilege. let me let neal respond because i'm not an attorney. naeshlgs i want to lit respond to that because there's -- mr. cohen who has every trying have his own opinion is asserting whether there's a question whether the former president of the united states who is not in office now can exert executive privilege over government property. that to me is not absurd. i'm not a lawyer and i'll let you sglond yeah, with respect to mr. cohen i guess i would say several things. the harm here is not the appointment of the special master as much as it's a federal court stopping in its tracks the federal investigation. that's just not something that ever happens, and so that's a serious intrusion into the separation of powers regardless of whether you think a special master might be justified but the statement that you need to have a special master that's neutral is just poppycock.

sometimes they can go for a special master but it's only when the volume of documents is so large or something like that. there's no allegation that it is here. indeed, that brings me to the third point. president trump has never actually formally asserted executive privilege over any of these documents showing that you're absolutely right. the glad there's executive privilege over national security documents and covert operations, give me a break. never, and to the extent that there is any it would be against another branch of government like congress in the context of a hearing or something like that, not against the executive branch itself. it's what that nixon case you're teaching is so powerful on. here the assertion is executive privilege against the executive branch, that's nonsense. it's a loser claim every day of the week which is why the judge buried it and tried to pretend saying oh, president biden didn't actually, you know, waive executive privilege when the justice department filed a formal letter from the archives

saying exactly that. >> mr. cohen. >> well, sure. so, you know, first of all, we're talking about 11,000 documents. any judge, if it was her job and not a special matter of's job is going to need a help. that's a big job to go through 11,000 documents, that's part one. part two, he can assert the privilege. doesn't mean it's well taken. i may agree with you if i go over the documents and whauns they say and understand the contours and the scope of executive privilege which is probably going to end up being decided by the supreme court at some point and also the contours of attorney/client privilege and apply the law to each document. but to say that he's not allowed to assert it because he'll lose, that doesn't make any sense. >> no. he's no longer president. >> he's the president of the united states. >> he's not president. he's a literal civilian like me, just a regular dude. let me give william barr the last word. here's william barr.

>> the important i think was wrong and i think the government should appeal it. it's deeply flawed in a number of ways. i don't think the appointment of a special master is going to hold up. >> i'm going to leave it there, but i would love to have you come back, mr. cohen. the spirit of debate is wonderful. love to debate. thank you all very much, and, neal, much appreciated. thank you very much. coming up on "the reidout" the enormous number of election deniers on the ballot this fall and the sheer hypocrisy on the right with trump and classified documents that he stole from the government. "the reidout" continues after this. government "the reidout" continues after this y prepared with clean ingredients... spark an explosion of the senses. so when you finally taste it, it just confirms... this. is. fantastic. and only at panera. $0 delivery fee for a limited time.

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we are now exactly nine weeks away from the mid-term elections and following up on his speech in philadelphia last week president biden has sharpened his attacks on the maga republicans and the threat that they pose to american democracy. speaking in milwaukee yesterday,

the president made clear that not every republican is a maga republican, but in a separate event in pennsylvania he made clear exactly what those republicans stand for. >> it's clear which way the new maga republicans are. they are extreme, and democracy is really at take. you can't be a democracy when you support violence, when you don't like the outcome of an election. you can't be a democracy and call yourself one if you continue to do what they are doing. trump and the maga republicans made their choice. we can choose to build a better america or we can continue down this sliding path. >> underscoring that choice, the former president also spoke in pennsylvania where he spent a good chunk of time complaining about the fbi search of his florida count and calling the fbi vicious monsters before it devolved into what else, lock her up.

now that sounds familiar. no, it's not 2016 all over again, but, yes, yes, that was the same lock her up chant that he used over and over back then because hillary clinton had a private email server as secretary of state. now you may remember they had all sorts of feelings about that like then presidential candidate and really always presidential candidate marco rubio. >> she wouldn't just be a disaster. hillary clinton is disqualified from being commander in chief of the united states. someone -- someone who cannot handle intelligence information appropriately cannot be commander in chief. >> really. well, it seems that in 2016 senator rube crow was very, very concerned about clinton's handling of sensitive materials so much so that he put out a series of statements that there was no excuse for secretary clinton's actions and she left them vulnerable to the united states enemies and now marco rubio who is running for

re-election, he didn't see a big deal when it's the fbi's handling of top government documents. >> they are arguing that there are document there. they don't deny he should have access. what they deny is they were not properly stored. i don't think a fight over storage of documents is worthy of what they have done. >> storage. joining me now, storage. an adviser to the dnc and dccc and former former spokesman for democrats back in the day and an msnbc political analyst. it used to be plastics and now it's storage. this is hot off the presses. this was on cbs tonight. hillary clinton responding to these comparisons with trump. >> so i think it's a really different comparison to what's going on here when it appears that the justice department and the fbi have been incredibly

patient, quiet, careful until they finally apparently thought that national security was at stake. >> it's down to you to explain why little marko has a problem with that lady but he's fine with storage of classified materials in donald trump's house. >> easy answer. it's because marko clearly has not been invited to milk and cookies for maga republicans at mar-a-lago recently. the invites have gotten lost in the mail so that's mog more than 100% pure grade sycophancy trying to get into donald trump's good graces and doing his best lindsey graham imitation. it's stark raving hypocrisy, joy. as we've always said you can not shame the shameless. can you not drag out and make calls to hypocrites that are absolutely amoral and have no record for the truth, so it's why i think you need more of the

type of comments that president biden finally, thankfully said, which is that these maga republicans are a danger to the constitution. they are an existential threat to america and president biden has drawn the battle lines for americans now to decide. are you part of the maga republicans or are you part of the rest of us including republicans who are mainstream republicans, independents, democrats, anyone that loves this country and loves the democracy, and marco rubio has made his choice. >> absolutely. that's the reason i call him mr. cellophane. if you're waiting for marco rubio to grow a spine you're already dead. kurt bardella, we know what mr. cellophane is doing, whatever you like. the republicans have made an entire career out of being the national security party and now what you have. cowboys for trump co-founder has now been barred by the sedition

amendment, 149th amendment from ever serving on the county commission in otero county because he's an insurrectionist of the they have used a civil war position on an actual republican. those who will oversee the election are going to beef up security. they are going to get security at polling places for low-paid completely, you know, civically minded polling workers. the republican party is the party of violence. isn't biden right to try to quarantine them? >> yeah. i think president biden is effectively and truthfully laying the stakes out for what we're facing right now in this moment of history and oh, by the way it's not political to tell the truth about the threat to democracy that malaga republicans pose. it's not political to uphold your oath of office which literally states to defend the constitution of the united states. when you have people out there saying that if they don't get their way at the polls, they

will resort to violence when this you people out there, sitting united states senators saying if the justice department actually upholds the law, there will be riots in the street. when you use violence to try to achieve a political means you need to be called out and that's not political. that's just existing in the real world with the rest of us and telling the truth and being honest. that's what president biden is doing right now. meanwhile, republicans are bending over backwards trying to somehow make the case that they are the party of national security, the party of law enforcement while at the same time putting a target on the backs of fbi officers, putting a target on the backs of poll workers, volunteers, the people who are literally on the front lines of our democratic process, the people we've all seen when we go to the polls and seen the volunteer, the senior citizens, the civic-minded people who don't have a partisan agenda, just want to do their part to try to make democracy work. those are the people that maga republicans are targeting and it's despicable. >> you know, let me read you something from troest.

pentagon leaders are washing ever strains in the civilian and military relations. former defense seconded and top generals said political polarizations are creating an exceptionally environment for creating the relationship between the military and civilian world. they do not blame one political leader or party but the last presidential election was the first in more than a century to have the peaceful transfer of power disrupted. >> i hate to the use this metaphor, it's a cancer. it's easy metastasizing and spreading because one the american people start to the question the very foundations of what this country is about, are we a constitutional republic democracy and elects our representatives and accept the free and fair elections.

the republican party of today this, maga republican party, is full-throated in a race to strip away rights. it doesn't matter if these rights have been granted to be by the constitution. it doesn't matter if these rights have been granted to you over the progress of time in the 246-year american experiment that. along with their call for political violence if necessary, their fascist approach to how they see the american century going forward what this race needs to be about and i think president biden did right and i think the reaction by these republicans. listen to what they say and what they do more importantly. they scream bloody murder after that speech because they know that that speech drew the lines for every american to ask this question about. are they a maga republican? >> by the way, as joe walsh said yesterday, if you're not a fascist someone calling folks fascist shouldn't bother you. up next, how an internet message board became the new epicenter for online hate and

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arussia arussi the fringe dark part of the internet is a scary place. it includes sites like kiwi farms and internet message board associated with vicious anti-trans harassment campaigns. clara serrent sze a target of one of these campaigns. she's a twitch streamer known to

fans at keppels and she's spearheading an effort to take down the fringe site. she became a target after speaking out against anti-trans legislation. kiwi farms doxxed her creating a thread using sexually explicit information. it was so severe she fled the country. she received a threatening voice mail that's been obtained by nbc news. >> hi there. this is inautomobile calling here to let you know that you have been doxxed. you know how did that happen? i want to know that someone special that is out for you. don't worry. nothing is going to happen. just a friendly reminder. have a nice day. >> citing an imminent and emergency threat to human life, cloud fair said on start would block kiwi farms but experts fear these tactics are being duplicated in the political world to intimidate political

enemies. joining me now is ben kalisz who covers disinformation in the internet for nbc news. i had never heard of kiwi farms until i saw your tweet thread and i said get this guy on. let our friend tell us. where did kiwi farms come from and what's its relation to 4chan and 8chan? >> josh moon used to work for 8chan and then he did a specific thing with a cry called chris chan, chris chan forum and then moved over to kiwi farms. basically they got tired of stalking and harassing one person and they opened up their playbook to everyone but they have their own set of people they like to stalk and harass and recently it's mostly trans people. try to chase them out of their homes and off the internet. if you have a picture of yourself next to someone, they will try to threaten that person, that someone, not just you. they can find out who your employer s.they will call your employer and tell them that you

are a pedophile until you get fired. they will try to make it so you never post anything on the internet. until about last week they were incredibly successful. people have been in droves been coming to me saying i'm a trans person or for some reap i was targeted. they target people with disabilities. i couldn't post anything on the internet for the last few years because if i poked this or net's nest they would come after me next. this site has been down for a couple of days and people are finally coming out of woodwork saying how bad this has been. >> the issue now is that are they may not be active and be able to be active right now because it's been taken down but their tactics are now part of the political landscape. explain. >> yeah. i want to stress, by the way, free people were driven to suicide by this website over the last eight years. klara was not. klara had an army of fans and she had money, but here's what they did to her. they first swatted her at her home so that means, a, they sent

a police officer to her home under false pretenses, they were trying to get police officers to shoot her for them. she went to a hotel and brought her cat and took a picture of her cat on the bedsheets at her hotel. they identified her and her hotel by the bedsheets. she had to flee that hotel and went to northern ireland, to belfast. they identified the background of her safe house by the doorknob on the wall and compared to real estate linkings on zillow and hacked her uber, because people haven't logged into uber, not logged out or back in so they are probably using a password for her, they hack nod her uber and everyone in her family. that's what's going to happen to political ennis this country. if you think -- if the right thinks they are absolved of this. they are not. they are in trouble as well. we have a massive data apocalypse. anybody can be traced or tracked around the internet, stalked, harrassed for any opinion or

because they look funny or sound funny or anything that will make people angry and once this becomes a political playbook and it absolutely had for the anti-trans lobe, calling in bomb threats to children's hospitals, once it becomes a political issue it will affect every single person. that's what the information world will look like in 2022 and 2024 unless we stop this thing. >> are they only targeting trans people, is that the specialize the targetlition, or are they targeting other people as well? why were they fixating just on trans people? >> because, it's a spot of 4chan culture. these are chan-based people and 4chan culture hates people who they are told to hail. this is inherently a white supremacist anti-trans pro-white space. they are testing this out on trans people because they know not everybody is on board to fight back on this. they are the most persecuted

people in the country in terms of internet harassment and there's no lobby to stand up for these people to work with them. they will do this to everybody eventually if we don't find a way to stop it. >> wow. it's scary. you know, you learn something new every day, something horrible. but we say scaring is caring on this show. pep collins, excellent reporting. thank you very much. still ahead, wow, it's back-to-school day for students in uvalde, texas. how students and parents prepared for this day next. w sts prepared for this day next lily! welcome to our third bark-ery. oh, i can tell business is going through the “woof”. but seriously we need a reliable way to help keep everyone connected from wherever we go. well at at&t we'll help you find the right wireless plan for you. so, you can stay connected to all your drivers and stores on america's most reliable 5g network. that sounds just paw-fect. terrier-iffic i labra-dore you round of a-paws at&t 5g is fast, reliable and secure for your business.

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today is the first day back to class for students at robb elementary school in uvalde, texas, after a gunman killed 19 of their classmates and two of their teachers in may. my colleague jose diaz-balart spoke to the family of one of the victims, 10-year-old lexi rubio. >> it's like it just happened, but then it feels like we haven't had her forever already. >> 10-year-old lexi rubio is one of the 19 children and two teachers murdered at robb elementary in uvalde, texas. >> i haven't accepted it. just hard. >> felix and kim rubio's youngest daughter was compassionate, an athlete and an honor roll student. >> the opportunities are just endless. she had that stolen from her. >> this is the last picture they took together at end of school

awards day just hours before the shooting. three months later they are faced with a new school year for their other five children. >> what are your thoughts as this school year begins? >> scared. i don't know that the school district has done everything that i would like to see as far as security measures, but i also know it's important for the kids to have some sort of routine so trying to balance what's best for them. >> the children will attend school in person but are signed up for virtual classes as a backup. >> this week we had our youngest son's meet the teacher. incredibly difficult, incredibly difficult to go on campus knowing that lexi is not going to be meeting the teacher this year. >> you'll always be our baby. >> this is -- these were the flowers from the funeral and the rosary and it says god will hold

your hand until i get. >> kimberly and felix live when n a whirlwind of emotion, of mourning, of sadness, of grief. >> i want her here. >> reporter: and have one recurring question weighing heavily on their mind. felix, what do you still want to know? >> if she had a chance or was it quick? i just want to know if she had a chance. >> i have the same question as my husband. there really is no answer no. matter what, i still don't have my daughter. >> the rubios have traveled to the nation's capital and the state capital this summer demanding change. >> >> reporter: one of the things you've been doing is focusing on fighting for some change in gun laws. what is it that you want?

>> a federal ban on assault weapons. i live in texas. we're going stay here now because we want to stay with lexi, so anything else just isn't going to work for us. >> reporter: they will return to d.c. next month as they continue to be a voice for lexi, her father an iraq war veteran and a sheriff's deputy will be wearing the pink dog tag he always wears to keep her memory close. you have her thumb print on your chest. >> pretty much have it owner day. >> reporter: you have it, too, a heart with your thumbprint ton. >> on the back it says carrying your heart. >> reporter: carrying her heart with theirs forever broken. >> wow. wonderful reporting by my colleague and dear friend jose diaz-balart, and i will joined by texas state senator roland gutierrez who represents uvalde right after this break. stay right there. presents uvald right after this break stay right there

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school for kids in uvalde, texas. the 19 classmates into their beloved teachers will be missing. students from robb elementary have been relocated to other school districts. they are greeted by teachers new trained to help students with grief and trauma and comfort dogs. some of the state troopers who responded to the attack, they were on site tonight to ensure the student safety. joining me now, texas state senator roland gutierrez. i don't know if you witnessed that heartbreaking package,

your heart breaks for the students but also i can understand why they would be afraid to go back. you have these dps officers though at the school. how are they still assigned to deal with these students? >> it's all very problematic, especially after hearing more breaking news today about the department of public safety actually sending five other troopers on the scene on the 24th to be investigative form and the inspector generals office. there's a lot of issues with the department of public safety that need to be flushed out, communities not happy with having officers in their community, especially the ones there on scene. they want to have changes. go ahead, i'm sorry. >> the idea is that people want to be safe, and i don't know how they can feel safe with the same officers that waited an hour or more to nothing. there also has been a lot of requests. we heard the mom and a piece. she wants an assault weapon ban. parents want to see a putback

fences, security cameras, door locks, campuses closed to visitors. there are a lot of concrete changes that families are asking for and demanding. it does not seem like any of those things are happening. am i wrong about that? >> you are absolutely right. we are asking for it. listen, i represent south and west texas, very rural community, people into their guns, and we get it. the vast majority of these same parents are simply asking for the minimal thing, which is an age increase to 21. greg abbott has refused to call a special session last week. he actually lied to the entire public of texas passing it's unconstitutional. 18 states have a limits. we in texas have been age limit for handguns. he's telling me it would be unconstitutional. he knows better. he is a lawyer, former attorney general, former texas justice. he knows the constitution. he knows better. he just does not have the courage to do what is right. beto aurora crest eight today.

this is what he is thinking of the students and teachers who are walking into the classrooms this morning and remembering the 21 who are not. we must act. we will act. we will keep our children state. that was his statement. he greg abbott did not give a statement. it's out to me that you can be the governor of a state as something horrific and wrenching as uvalde happened, he did comment, but only after being asked by a reporter. what do you make of the fact that he did not put any overt compassion without it being solicited? >> joy, this governor has been tone-deaf on everything that happened in uvalde and all of your texas o, -- we found out last week from a fox affiliate that he knew about the brokerages that did not work inside the school but the last seven years. they were requesting money to be able to fix these radius. the biggest loser was the department of public safety of that reduces them that he was exposed last week.

the story that we have been living, the horror story we have been living for the last 90 days is as much a horse story as much of a extreme neglect abroad texas by one man and one party that likes to pretend that they are cowboys but quite frankly, they don't actually cowboys. cowboys would not do what they are doing in uvalde. >> have you had a chance to speak with anyone from uvalde to know how the community is holding up. this is such extreme trauma that i can't imagine how these families are able to even get back into the school routine? >> the whole thing is so tragic, joy. they want answers, they want changes, for sure, but they want people to listen and be compassionate. they don't want to school district the other day too far the cup and then shut down the meeting very quickly. they want to be heard. people always want an opportunity to be heard and felt.

i think that that is missing in this whole dialogue that we have had. i think a few of us, even the mayor has tried to give some answers but unfortunately, he has been shut down by a district attorney that says the whole thing is under investigation. the shooter is dead. who is she covering for but for the department of public safety? we have asked for a transmissions, communications, and we've got an absolutely nothing from the state agency and the one person that can ask for these things that can get these things is the governor of the. they direct report to him. he is filled with community, and he continues to do so. >> you think there is any chance you will want to put a special session to address these things, including the moms request that she would like to see an assault weapons ban. they are going to d.c. to protest for it. >> i don't think we will see a special session because this governor has refused us. last week, he suggested that this whole thing is unconstitutional. he is dead wrong. he likes to talk about mental health, so let's have a special

session on mental health. we are last in funding in mental health in the united states. let's have a special session on school hardening. we spent $129 in 2019. they spent four billion in the operation lone star night estates. on -- >> unbelievable, all he talked about is undocumented people, instead of the safety of these little children and their teachers. texas state senator roland gutierrez, thank you very much. that is tonight's read out, thank you for tuning in. all in with chris east austin. tonight on all in, -- >> the opinion was wrong, and i think the government should appeal it. >> the special master ruling on the ex president stash of classified documents. tonight, the trump judge who gave him what he wanted. what else means for the investigation and the rule of law? then -- >> tim wanted to take part in what he thought was going to be a historical event. >> the insurrectionist