tv Alex Wagner Tonight MSNBC September 13, 2022 6:00pm-7:00pm PDT
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that these celebrations were having at the right house today, the fact that democrats -- and that means bringing down the cost of prescription drugs. something i've been -- leaving the bill for negotiation. we finally took on the pharmaceutical, big pharma. we said, you've got to be able to allow for a negotiation, or investing climate change, or the name of the bill. the inflationary production act brought down the deficit by 305 billion dollars. those are all things where democrats are actually making very clear whether it's for the burn pits for our veterans -- we have peoples back. you contrast that with their extreme, and you contrast that with our awesome. i was just with mandela barnes, our candidate in wisconsin. we have some incredible candidates all across the country. >> senator, thank you so much. we appreciate it. that is all in on this tuesday
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night. alex wagner coming up. good evening, alex. >> good evening, thank you christopher, and thanks to -- tonight. today, president biden popped on his signature aviator sunglasses, walked up to the south lawn, he took off his jacket and essentially gave the white house version of a pep rally. >> exactly four weeks ago today, i signed the inflation reduction act into law. the single most important legislation passed into congress to combat inflation, and one of the most significant laws in our nation's history. we've got a lot of -- lower prescription drug costs. lower health insurance costs. lower energy costs for millions of families. i want to take the most aggressive action ever, ever, ever to confront the climate crisis and increase our energy security. i want to build the future, the future, here in the united states of america. with american workers,
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companies, american made products. and after years of some of the biggest corporations in the united states paying zero in federal income tax, they'll not have to begin to literally pay their fair share. making progress and every country as big and complicated desires is difficult. it's not easy. i never has been. but i know, with conviction -- [inaudible]
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-- >> four point $5 million in the same amount of time trying to make sure that that does not happen. both parties -- weaker republican candidate to face off against -- in december. that's why national democrats want him to win tonight and national republicans do not. polls closed america, and where awaiting results. the past few major polls of tonight's primary put -- ahead of the rest of the republican impact by somewhere between ten and 20 points. so general -- may actually when this thing. but is this playing with fire? if don beloved somehow beats -- and gets that seat, he would
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make lindsey graham and his 15-week abortion ban seem moderate. quaint, even. and even that one seat, that could lose control of the senate for democrats. but i mentioned -- hypothetical head to head and july, and -- was only up by four points. the margin of error was three points. so, yikes. now, this part is not yikes. joining us now is the former white house press secretary for president biden. she was there during the obama administration, to spokes person for the states department and the white house deputy communications director. she's immensely talented and now she's joining the msnbc family as an -- msnbc political analyst and a host of an upcoming show. >> thank you. >> so great to have you. >> and it's a great to be here with you tonight. i'm so happy to be here. >> we're here together. we're all super chill --
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i'm so happy to have you on site with me tonight. >> i'm on it and stoked to be here with you. i really want -- >> i really want to know what you think of what the democrats are doing here. i've spoken to a lot of democrats about the strategy, taking the craziest, wildest, most seemingly beatable republican in a key way, and we get mixed feelings about this. this is a strategic way of going about things, and on the one hand, you have people giving cautionary words. what if these guys actually went? where do you sit on that? >> what i think you're hearing, and i've talked to a lot of democrats to of course, is it's really risky. what they're doing is risky. not just in new hampshire, but other states in the country. and new hampshire, the primary is so light that in that state, they will tell you, as i'm sure they have, but they also need to start to shape -- he's the nominee. that's how they'll run against him. he's a member of the establishment and that's what they're doing here.
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but they're also doing it in other states across the country. now, it's also true is that if they can elect -- they can nominate the extremist members, extremist republicans and windowsills, then prevent kevin mccarthy from being speaker of the house. they prevent mitch mcconnell from being the leader in the senate. and to them, that's the way to protects a woman's right to choose. that's on the ballot to. what you're seeing here is everybody is playing a game of three dimensional, five dimensional chess. the republicans do it to. democrats are doing it. but we don't know how it's gonna turn. it's scary. you see it not just in new hampshire, and it in pennsylvania with doug mastriano. -- inflammatory rhetoric is winning just a couple points behind josh shapiro. it brings things to mind, the state of affairs in the gop,
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these kinds of people, this kind of french candidates have a very real shot at not only becoming the -- elected officials and congress. i suppose it's a strategy, high risk high reward. no question. >> i've got to ask you how you think of these midterms right now. where we are, less than 60 days out. when you see the sort of back and forth among republicans on abortion, lindsey graham, mitch mcconnell, they're having a hard time with that. we talked about abortion being an animating factor here. i wonder if this actually changed the way we think of midterms. it's classically a referendum on the sitting president, or a check on his power. -- new york times brings up an interesting point. usually, the midterms are a check on power. and yet the biggest piece of sort of powerful policy change
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has come as a result of the supreme court decision. these midterms may end up being a referendum on republican power more so than democratic power. do you think that way? >> absolutely. that's remarkable, if you think about it. if you look back on the nbc poll and january, democrats were not into the midterms. they weren't that into. didn't think they'd be -- percentage points. so participating. that is largely related to -- largely related to women across the country, young women across the country. even, being scared of a woman's right to choose being taken away from them. the thing is when you're the party in power, it's -- referendum. to your point. looking at whether they are satisfied, -- that's hard to run as a referendum against you.
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to hear point, it's largely flipped now. the anger is among the members of the democratic party, the party in power. this is so rare for that to be the case. people are and the used, they're engaged, they want to get out and vote, they want to participate in the process. and many democratic women in independence -- as a few months ago, they don't want the rights to be taken away. that is been a huge factor that's changed the dynamic. >> it's almost like a recreation of the weather pattern when trump was president. americans feel like basic freedoms are being infringed upon. and by the way,. donald trump is not the president of the united states, but in terms of his dominance over the news cycle, his multiple swelling investigations have made him a figurehead in the democratic
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party and a national politics. >> nothing more than a driving and excitement factor for democrats than donald trump. they love to be opposed to him. independents don't want to see another reign of trump. and the more he engages in the race, the more he puts himself up there, the more it's a reminder of what's at stake to people. and having trump on the ballot is a hugely energizing factor in a lot of these races. i'll also say, since he asked me about the midterms, that while i think a lot of democrats are feeling better, as they should, there's a long way to go here. if the election were tomorrow i think the house would be an uphill battle. -- but there's different dynamics in each of these races that we should be paying close attention to. >> and no doubt, the biden white house is looking at all the cross turns. there's a reason that joe biden was out there celebrating the four-week birthday of the
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inflation reduction act and his aviator sunglasses. they know they have to offer something else to the american people. we can't leave them on their haunches and let trump and dobbs to the work for them. -- inflation is not budging, and then there is talk of a major rail strike that could happen as soon as this friday. both of those things are so huge and so deeply felt by the american consumer. where do you think the biden administration is on this moment in time as they look at the landscape before them? >> talk to a number of former colleagues today, and are always juggling a lot of balls and white houses to put it mildly. so there's a team that's been working on preventing an addressing this rail crisis for sometime. you can see what they've been doing over the past couple of days is engaging with union leaders, engaging with business leaders. secretary walsh is gonna be out there trying to get everybody
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to come to an agreement. they know it'll have a huge economic impact. they don't need that headache right now. what else to say from speaking to a number of my former colleagues today is that they still -- feel pretty good about a couple factors in the economy. gas prices specifically. well there's a lot of economic data out there, gas prices is something people are experiencing on a daily basis. if you look at the data and how it kind of overlaps, as gas prices go down, the president approval rating goes up. they're watching that closely as well. you have to prevent crises, that's what you do in a white house, you've got probably teams of people in rooms working on this, but they feel good about, you know, the fact that the president could value bunch of people today and, you know, i think they're hoping they can prevent a crisis as well. >> yeah, it's tricky though, right? this isn't a -- labor issue, union issue. it's a careful needle they have to thread, and the downside is
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extraordinary. although it's only tuesday. who knows what happens. >> a lot can happen this week. so many things. >> you know it well. one day of the year. -- former white house press secretary for president biden, turn msnbc political analyst, and host of an upcoming show to be named, thank you, my friend. welcome to the building. come back anytime. i'd love to see. up next here tonight, we'll learning that donald trump's acting -- after january 6th. a meeting with an extraordinary amount of scrutiny -- congressional committee looking into the capital insurrection, but also the department of justice, which is operating at full velocity. we'll have more on that. don't mind me. i'm just the flu. i'm quite harmless, really. and when people ask, “but aren't you linked to dangerous flu complications, like pneumonia, heart attack, and hospitalizations?”
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that the daily hard to believe developments in the, let's call it, trump and the curious case of the top secret beach club documents. another investigation into the former president has been moving forward out of public view. that's the january six committee investigation in the house. the last public hearing the
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committee held was nearly two months ago. today, they held the four-hour retreat at which they discuss the possibility of another hearing -- testimony from potential witnesses. betty thompson said the committee is discussing september 28, two weeks from tomorrow, mark your town there, as the target -- next public hearing. the four hour meeting comes one day after we learned that the justice department had issued approximately 40 subpoenas in the last week. its ongoing probe into trump and allies efforts to overturn the 2020 election. -- was asked about the subpoenas and the committees a cooperation with the doj earlier today. >> let's talk about the committees cooperation with the justice department. -- the doj's more active subpoenas, for example? >> -- i think now that the department of justice is being proactive in --
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i think -- [inaudible] >> so, keep an eye out for potentially more cooperation and sharing of information between the justice department and the january six committee. also today,, another member of the committee, as adam king summer, said a criminal referral from the company to the the -- justice department is looking more likely. >> doj has, i think, a pretty fulsome investigation going. that's gonna be where this baton, so to speak, -- criminal referral. i think that's likely. if the rule of law says you can attempt a coup as long as you fail, and you won't be held responsible, that's dangerous for this company. more so than this fear of short term violence arising in the strait. >> kinzinger making a point that it's up to the doj in that the committee to impose real
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consequences for those -- of earth are the result of a legitimate 2020 election victory. that investigation appears to be accelerating. -- according to -- investigators also stole self funds from trump advisers. look. federal agents -- boris epstein, an in-house counsel who helped to coordinate trump's legal effort and mike lowman, a campaign strategist who is the delay director of election day operations for the trump campaign in 2020. all of that is a big deal. the justice department is reportedly obtaining search warrants to seize cell phones of trump allies, featuring lots of subpoenas. as of last week. now, we have less than 60 days to the election. -- less than two months to the midterms where the department has long term standing practice of not taking public
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investigative steps in a politically sensitive case so close to election day. but here we are. the doj is not showing any signs of slowing down. today, nbc's own -- head of the justice department 's criminal investigation if he could say anything to help the public better understand the flurry of investigative activity in the last week dealing with trump's associates. >> the attorney general will share that it's important for us to preserve all relevant evidence, and that investigation, and any investigation. i do, i will continue to speak through the work in the filing for the department of justice. >> importance of preserving evidence, you say? you have my attention. joining us now, matt miller, former -- justice department during the obama administration. >> so, for the subpoenas. i think just the timing alone, the number alone, maybe those things together, -- scope of the doj investigation
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into january 6th. how do you read all this activity? again, in this politically sensitive time before the midterms. >> i think it's clear there is a full scale doj investigation into everything surrounding donald trump's attempt -- and nexus to the violence that happened on january 6th to the way he really raised money and spread it, perhaps five vigilantly, through his super pac, to his attempts to -- pressure the vice president intuits them them. i think they crossed an important threshold in june when we learned they took the cell phones of jeffrey clark and john eastman. until that date, it wasn't certain that the department -- at least there were no public signs that the department was investigating anything other than the violence at the capitol. once they cross that threshold, i think there's no other path forward than what we're seeing now, which is first subpoenas, and people coming before the grand jury, and ultimately the department having to make a decision on whether to bring an indictment. >> so we're talking about all of it here. the state of america, it's the
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fake slates of electors, is the pressuring election officials. all this is on the table for the doj investigation. >> yes. and one of the important things to remember is that there's a number of potential witnesses in subjects, almost 40 people who received subpoenas in the last few days. i don't think we should believe that's the end of the department subpoenas. it's probably just the beginning. these are probably subpoenas for documents. you'll see grand jury subpoenas coming, and these witnesses will have overlapping pieces of information and potentially overlapping criminal liability. when you see the department looking at multiple threats amid mastication, you can see how this might interact with each other. -- may feel pressure cooperating with an until, for example, -- coming cooperate, you come in and cooperate with everything. you can see how quickly the department would try to build this operation --
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>> pressure point for all these officials analyses who are being subpoenaed here. i'm old enough to remember at the outset of the january 6th hearings. so much pressure, public outcry, about merrick garland and whether he was gonna pursue any of this. and now appears that january six committee in the doj are very much in line with one another in a way that they haven't been up until now. >> they certainly are. and i think the question continues to be, what happened? what turned the justice department on in june? if you talk to people at the justice department, they won't tell you anything about an investigation of course, but they will express frustration that those -- announcing outside were criticizing them for apparent inaction. all of us who have been in the justice department are familiar with the circumstance where you are doing things but you have to keep quiet. you get criticized for it but can't defend yourself. but they've always felt like they were investigating aggressively inconsistent.
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now, we see the evidence. >> what happens here? we have the doj investigation into the beach club papers -- mar-a-lago. and we have this investigation into january 6th. two investigations. -- investigate from the allegations put forth in -- justice department -- an inordinate amount of pressure -- criminal indictment of a former president. what happens here, and how untenable is his position, given institutional norms? look he just has to do what he promised to do since day one since the confirmation hearing, just follow the facts and follow the law, not to fall's way to political pressure. i think the way is comported himself the way he's been such a can cautious conservative attorney general, really more than any of his predecessors in recent times is going to serve him well now when he's really navigating these tough waters
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and making tough decisions. i do think at the same time he does have to listen to the pressure, he does feel it, in a way the mar-a-lago case has delivered him a much easier tries to go forward. if you look at the two cases, it is the much simpler case. i've always believed the most easiest charges to bring against donald trump would be ones that people have been prosecuted for in the past, not something. novel >> like inciting a riot at the capitol? >> nobody is obviously being convicted or indicted for a coup for obvious reasons in this country. they would be vulnerable to challenges on appeal, and with a supreme court who knows what would happen? a lawful retention of classified documents and obstructing death to them, it's thing not many people going to jail for and it's easier to get them. it appears to be further along,
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and because the legal issues are much more simple. >> maybe that is the indictment that merrick garland thinks can put the january six are. nice >> not a nice, but work at the more complicated ones are a longer timeframe. >> we'll be working. former chief spokesman for the justice department during the obama administration thanks for your time. ahead still ahead, one name stands out on trump's team's list for the special master's, not in a good way. as to do with all of. a new york times in the next to get as to getting that are david rushes just written a book but i say law form an extraordinary work trying conservative policy and how it affects donald. trumpy will join us hand live, that is ahead. stay with us. stay with us and ask your doctor about biktarvy. biktarvy is a complete, one-pill, once-a-day treatment used for h-i-v in certain adults. it's not a cure, but with one small pill,
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developments on the ongoing court battle of the classified documents found in former president trump's beach club. last week the justice department in the trump legal team each committed to names for potential candidates for special masters. the first person who revealed documents from mar-a-lago. the justice department put forward two federal judges,
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people who they felt could pay the role of impartial document referee. the trump team put forward two names, a florida federal judge and a lawyer. now the justice department has suggested it is willing to sit except one of trump's suggestions. in a court filing, they would accept trump's choice of judge raymond diary to be that special master. why would the justice department suggest they would suggest except one of trump's candidates not on the other? well, we really don't know, but it could be because trump's other candidate for the special master job has two words on his cv that are a big red flag. the words are jones day. trump's special master's candidate is pox junior and his partner at that mega law firm. jones day is one of the largest law firms in the country, and like most large law reforms in the country, it's old.
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it's been around for nearly 130 years. what sets apart them apart from other law firms is a spent the last six years serving interests of one claim in particular, donald trump. and in return, donald trump has done his part to serve jones day. new york times business investigations that are david enrich as just written a book called soldiers of the day and, law forms and donald trump in the corporate corruption of justice. in it, he says the jones day made its way into trump's orbit. he traces the beginnings back to the first campaign, when john's day decided to take on trump as a client. in return, trump gave jones day total control over his plans to appoint new judges, conservative judges to the court. most importantly, the supreme court. this is important not because it's the supreme court, because candidate trump's list will become a crucial turning point for his campaign.
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mitch mcconnell would explain years later that quote, the list reassured a whole lot of republicans that okay, maybe trump was doing fundraisers for four years but looks like he's okay on something that's important to us. the creation of the less mcconnell added, became the single biggest issue bringing our side and lied behind him, him as in trump. after trump became president, he appointed joins day lawyer, a guy named don mcgahn to be white house counsel and immediately began using his role to stoke the federal courts with jones day approved judges. erodes quote, in the white house there had been a saying among some republicans at john's day, no vacancy left behind. i wasn't out of course to how many conservative mccann was and betting in the judiciary. but i had a more close to home meaning. john's day lawyers were those ending up on the bench. and there is more to the relationship between jones day and trump between appointing
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judges. inside and outside the government jones, day had done as much as any private institution to help trump and his in ministration. it wasn't just defending the campaign against the mueller investigation, and it wasn't just mcgahn's herculean efforts to protect the president from ending up in court. once they had done a smorgasbord of [inaudible] the consumer product safety commission and of course the justice department, which had been transformed into a political pundit of the white house. the relationship between the two enemies, the trump administration and the law form of john's day, is unlike anything we've ever seen for many big law form from any other other presidential administration. and just four years, jones day wedded itself to trump and its movement. he represented trump from's for stopping votes being counted.
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[inaudible] that didn't ultimately work but the relationship didn't after trump lost. this is what enrich rights after trump's election defeat. jones day was poised to become a refuge for battle scarred veterans of the trump administration, who given the presidents toxicity would be unwelcome at many law firms. given the exodus from the administration, would alter the identity of the 126-year-old law firm. we are watching the legacy of trump and john state play out each and every day when the supreme court ends the road right to safe and legal abortion -- as we look forward, what might it mean to have one of the world's most dominant law firms in trump's corner as he looks to regain power and undermine american democracy? i will ask david and rich. the hot and so much more. coming up next. coming up next a new black dream.
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tobacco companies, biggest opioid manufacturers, and the man named staunch trump all have in common? for starters, they have the same attorney. and his new book, serving for the damned, -- donald trump and the corruption of the justice, business investigations editor david -- details the history of how john's day, one of american's biggest law firms, turn talent
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for representing unsavory characters into a political when fall by allying with the most unsavory character of the mall, donald trump. -- known for decades to be a tireless an extremely successful defender of some of america's worst corporate actors. the firm helped rj reynolds -- dangers of cigarettes, and helped -- protect its patents for oxycontin. it made a name for itself breaking in billions a year in -- tobacco, opioid, gun and oil companies. with donald trump, they took on another calling. reshaping the federal judiciary for generations and working inside the white house to influence national policy. as hemorrhage writes in his book -- the position of a new snake in washington, after decades of swelling ambition. what transpired at the donald trump era was an extraordinary transfer of talent. it brought the law form to a new administration. joining us now is david hemorrhage. he's an investigative
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journalist that the new york times and the author of the four mentioned book. it's a 30 reported we'd. david, congrats on the publication. >> thank you. good to be here. >> how did this happen? we know jones day leans conservative, but it's been supercharged and the run up to the election in 2016, and of course, once trump was president. for people who haven't read the puck, can you explain that metamorphosis and offer more details on the appalachian of this law form? >> the started years before trump came up in the political scene. john's day under its management partner, a conservative man, started taking on not these clients, but also causes. one other big issues under obama was attacking obama care. they launched multiple legal challenges trying to undermine the new health care law. the firm has increasingly become a home for conservative
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republican lawyers that wouldn't have been quite as powerful at other establishments in washington or around the country. in 2015, they hired -- 2014, they hired a group of hatchet republican lawyers to start a new practice that was devoted to helping republicans get elected. and one of these people in particular, don mcgahn, would soon become a household name. when the first cleanse he took on a nearly 2015 was the trump campaign. the interim saw idle ion on the lot of issues, but more than that, he saw -- strong beliefs >> particularly strong beliefs. that's one word for it. >> i sometimes speaking euphemisms. and he thought trump was his vessel to achieve many of his -- career ambitions. this included remaking the judiciary, and included dismantling what mcgahn disparagingly referred to as the administrated state. and trump was very happy to
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have people like mcgahn and -- it led a lot of establishment credibility to him at a time when not a lot of people were taking his campaign seriously. >> it's the moment when trump sort of convinces skeptical establishment republicans when he talks about this list of people he to point, and mcgahn is the linchpin. he's the guy connecting the federal society and their long laundry list of conservative justices and judges for the trump administration. and then, the list as he used. >> that's exactly right. it's not just mcgahn. it's a lot of other lawyers, it's the ferments off. the list was hatched at a meeting in offices on capitol hill. they brought together people like leonard leo, a bunch of republican lawmakers, and when mcgahn becomes the first white house counsel with trump, -- many -- strands himself not just in the white house counsel's office and elsewhere in the white house but throughout the
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federal government. and particular the justice department. together, all these lawyers who have just come from john's day really go out of their way to completely reconstitute the federal judiciary -- federalist society, just a very different court. >> yeah. we're seeing the harvest of that on a daily basis. what the mentioning is not just sight of, a whole bunch of conservative lawyers doing a whole punch of conservative lawyer. this is like lawyering like we have been seen before. the viciousness, the philosophy, the tactics that the use. i'll draw everyone's attention to an example in and around the pennsylvania -- after the 2020 election. john's day -- trying to stop this from being counted. not because they thought there was something improper underway. there was your evidence about that. but because they detected an opportunity to use the law to give their side a political edge. and the firms calculus, the consequences banning fears of fraud -- that would two months later
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erupted violent assault on democracy, those consequences were immaterial. they're practicing law in a way that not even the hallmark in a lot of the ways of the republican party in the conservative movement, but this seems like the origin story for some of that. >> i think that's exactly right. the origin story for johnston learned these tactics is that they for decades had -- rj are. i'm just going to these extraordinary lengths to not only win in court and protect their clients but to get steamrolled -- their opponents in ways that a lot of experts and people have spoken to at jones day war with pushing the envelope in a way that made a lot of people uncomfortable. this becomes the norm in corporate litigation, being brought to bear in the political ground and litigation like we saw in pennsylvania in 2020. and surprise surprise, they're using a lot of the same kind of smash mid tactics that have been perfected in the corporate arena. ash mithat's an important line o
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draw between what law firms did around big tobacco and guns, and applying those lessons and tactics and the political world. so it's dangerous, i call it a chapter, but it could be a dangerous teacher for american politics. what's also stunning is calling it a revolving door between discussed servant of law firm in the white house -- it's an understatement. there's no analog on the left. is that? i know those traditional watch groups of the kind. this -- liberal justices. but there's not this ecosystem that it exists on the right. >> i don't think there's anything equal to it. -- he called on the right either. and it's not just in terms of mcgahn masterminding the remake of the federal court, but on behalf of -- become kind of funny if it weren't so prevalent in a lot of ways.
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and if there is an example, that detail in the book -- under criminal and civil investigation from the criminal justice but department. -- large part veterans day lawyers. the representing walmart. -- and does its darndest to derail that investigation and away that left federal prosecutors, including some that were employed by trump, just absolutely aghast at what they were saying. >> it is shocking and very important reporting that you have in this book. thank you, congrats on the back. >> thank you so much. >> author of the new book servants of the damned. thank you. again, we'll be right back. be right back
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one quick programming note before we go. tomorrow i will be joined by georgia's democratic candidate for governor stacey abrams right here on the show. i'll be talking to her about voter suppression efforts and what it will take to install a democrat in the georgia governor's mansion. you do not want to miss it. that does it for us tonight. we will see it again tomorrow. now it's time for the last word with lawrence o'donnell. good evening. lawrence good evening alex, that'll be the seventh seventh general assembly of the united nations meeting. we have the united states ambassador to the united nations joining us, linda thomas-greenfield. and normally in any kind of
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