the president took off his jacket and gave the white house version of a pep rally. >> exactly 4 weeks ago today, i signed the inflation reduction act into law, the single most important legislation passed in the congress and one of the most significant loss in our

history. it will lower health insurance costs. lower energy costs. i want to take the most aggressive action ever, ever, ever, to combat the climate crisis. i will build the future here in the united states of america with the american workers, american companies, with american-made products, and after years of some of the biggest corporations in the united states paying zero in federal income tax, they will begin to literally pay their fair share. it is not easy and it never has been. but i know with conviction, commitment, and patience, progress does come and is coming now. >> as much as they chalked up the timing of the event today

with the anniversary of signing the act, it is obvious that today was all about the midterms. showing exactly how much democrats have delivered for voters. across the aisle, republicans have a little bit of trouble. this afternoon, south carolina care senator lindsey graham instituted a bill that would prohibit abortion after 15 weeks of pregnancy. when i talked about it, it always ended with, sending the decision back to the states. now, 55 days before the midterm, senator graham has shifted the party luck on abortion rather dramatically. here is last month. >> i think states should decide the issue of marriage and states to decide the issue of abortion. >> with chuck schumer in

control of the schedule, there is no way this will get into a vote until number -- it is purely messaging for the midterms. but don't take my word for it. here is lindsey graham himself. >> if we take back the house and the senate, i can assure you we will have a vote on our bill. if the democrats are in charge, i don't think we will ever have a vote on our bill. >> the democrats heard that in 62% of the country supports access to abortion, and what's makes the move on more bunkers is it does not appear to have been coordinated with the rest of his party. here is mitch mcconnell reacting to the new bill this afternoon. >> i think most of the members of my conference prefer that this be dealt with at the state level. >> state level. mcconnell knows senator graham's maneuver keeps abortion front and center at a

time when it is not good for them. a majority of americans disapprove of the decision to overrule roe vs. wade. it has caused women to vote in unprecedented numbers because, depending on who controls congress, something like this could be less of a messaging escrow size, and more a legitimately considered piece of legislation. every single senate seat matters this election year. republicans can get a net gain of even one seat this november, they can bring this bill to a vote, and tonight, we have an important senate primary race. democratic center in new hampshire, and to give you a sense of how close that race might be, she won her last rate race at about 1000 votes. 1000.

she has been running on or sorts of things, but her big push on abortion is evidence she thinks a pro-choice message will work in a purple state. the race tonight is not the one the country is focused on. her primary -- the race to watch it is the primary for her opponent this november. the official candidate for the republican party. and both parties, democrat and republican, are sending a ton of money to sway the race tonight and this is a candidate that the democratic party is trying to help win. the video i will show you is two years old when he ran for office in 2020, but i think it captures the essence. >> i didn't spend my life defending this country to let a bunch of liberal, socialist pansies squander it away. i approve this message and i am asking for your vote. >> again, that is two years old

but he is against the liberal socialist pansies. this is a guy who falsely claimed there were microchips in the covid vaccine and called new hampshire's republican governor a chinese socialist sympathizer and insists donald trump won the 2020 election. he is out there and that is what democrats are counting on. they are trying to get that guy to win the new hampshire republican primary. republican -- trying to make sure that does not happen. both parties, they see him as the weaker candidate to face off in november. that is why democrats want her to win tonight and republicans do not. the polls closed an hour ago and we are awaiting the results.

so, he may actually win this thing, but is this playing with fire? if he somehow beats and get the senate seat, he will make lindsey graham and his 15 week abortion ban seem moderate, quaint, even. that could give control of the senate to republicans and did i mention the data that a hypothetical head-to-head between them in july and she was only up by four points, a margin of everett was three points. so, yikes. this part is not yikes. joining us now is jen psaki, the former white house press secretary for president biden.

she is immensely talented and, now, she is joining the msnbc family as a political analyst and host of an upcoming show on peacock. welcome. it's so great to be here with you. >> it's so great to be here. >> we are here together. we are thrilled and delighted and honored to have you on set with me. >> i am honored and thrilled to be here. >> i really want to know what you think of what the democrats are doing? i talked to a lot of democrats about the strategy of picking the most seemingly beatable republican in a key race and you get mixed feelings about it. >> on one hand, it's like this is the strategic way of going about things and then on the other hand you have cautionary words which is, what if they actually win. where do you sit on the strategy? >> i talked to a lot of democrats and it's really

risky. what they are doing is risky. not only in new hampshire, but other states in the country. the primary is late so in that state, they also need to start to shape the nominee because that is how they will run against him. he is a member of the establishment and they are also doing this in other states across the country. what is also true, if they can elect and nominate the extremist members or the extremists republican and win those seats, they prevent kevin mccarthy from being the speaker of the house and prevent mitch mcconnell from being the leader in the senate. to them, that is the way to protect gun safety and a woman's right to choose and that is on the ballot, too. what you are saying is

everybody is playing a game of three dimensional, five dimensional chess and the republicans do it too and the democrats are doing it, but you do not know how it is going to turn out. scary. >> you see it not only in no hamster, but in pennsylvania. with mastery i know. he is a couple points behind josh schapiro, and it brings to mind the state of affairs when it comes to the gop that these kinds of people, these kind of fringe candidates have a shot of not only becoming -- elected officials in congress. i suppose this is a strategy. higher risk, higher rework, but i have to ask you, how do you think of these midterms right now? where we are less than 60 days out? we see this sort of back and forth among republicans on abortion. they are having a hard time with it. we talk a lot about a portion being the factor here, but i wonder if it is actually changing the way we think of

midterms as classically a referendum on the sitting president or a check on his power. the new york times brings up this interesting point which is usually the midterms are a check on power and yet the biggest piece of powerful policy change has come as a result of the supreme court decision. in many ways, these midterms may end up being a referendum on republican power more so than democratic power. do you see it that way? >> absolutely. if you look back on the pulse from january, democrats for that not that into the midterms. they were not thinking they would participate but it has gone up by 20 percentage points in that is largely related to god. -- god.

and even then being scared of a woman's right to choose being taken away from them. the other truth is when you are the party in power, and i have sat in white houses where you are the party of power, it is almost a referendum. they are looking if they are satisfied how things are going and that is hard to write as a referendum against you in better when it is a choice, but to your point, it has flipped now where people are saying the anger is in -- is among the members of the democratic party which is the party in power, which is so rare for that to be the case. people are engaged and want to get out and vote and participate in the process, and many democrats, women, independents, who were not that excited as of a few months ago don't want their rights to be taken away. >> and that has been a huge

factor that has changed the dynamics. it's almost like a re-creation of the weather pattern when trump was president. a vast number of americans feel that their rights are being infringed on and, by the way, in some ways, in his mind he might be the president of the united states, but his dominance over the news cycle and the investigations have made him a figurehead in the republican party and national politics. >> nothing is more of an excitement factor like donald trump for democrats. they love to be opposed to him because they are. independence, many don't want to see another term of trump and the more he engages and puts himself out there, the more it is a reminder of what is at stake for people and having trump on the ballot is an energizing factor in many of these races. i will also say, while i think a lot of democrats are feeling better, as they should, there is a long way to go here.

if the election were tomorrow, i think the house would be a big uphill battle. that would be a bit of a leap. the senate, more of a toss-up. but there are different dynamics that we should pay close attention to. >> no doubt, the biden white house is looking at all of the cross turns. there is a reason joe biden was out there celebrating the four- week birthday of the inflation reduction act in his aviator sunglasses. they can't let trump do the job for them, but there's also a storm on the horizon for them. if inflation is not budging, and 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 at this time as they look at the

landscape before them? >> i talked to a number of my former colleagues and they are always juggling a lot of balls in white houses, and there has been a team working on preventing and addressing this potential rail crisis and you can see what they have been doing over the past couple days. engaging with union leaders and business leaders, and the secretary will be out there trying to get everyone to come to an agreement.

people working on this but they feel good about othe fact that the president could rally a bunch of people today and i think they are hoping they can prevent a crisis. >> it is tricky, this is a union issue as well. it is a careful needle to thread and the downside is extraordinary. it is only tuesday, who knows what happens. >> a lot can happen this week. >> you know it well, i love saying this, current msnbc political analyst and host of the upcoming show on peacock. thank you. welcome to the building. next we are learning that trumps actions before, during and after tjanuary 6 our meeti with a extraordinary amount of scrutiny. also the department of justice which is operating at full

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we have all been trying to

sort out the daily hard to believe developments in the trump and the curious case of the top-secret beach club documents. another investigation has been moving forward out of public view. that is the january 6 committee investigation in the house. the last public hearing the committee held was two months ago. today the committee held a four hour closed-door retreat to discuss the possibility of another hearing. upcoming report and testimony from potential witnesses. the committee is discussing september 28 as the target date for the next public hearing. the for our meeting comes one day after we learned that the justice department issued approximately 40 subpoenas in the last week in its ongoing probe into trump and its allies efforts to overturn the election. the chairman was asked about those subpoenas earlier today.

>> talk about the committee's corporation with the justice department. that evolving at all? >> we have a meeting on friday. i think now the department of justice is getting proactive i think is time to determine whether or not the information we have gathered can become official to the investigation. >> keep an eye out for more cooperation and sharing of information between the justice department and the generally six committee. also today another member of the committee republican congressman adam said on msnbc a criminal referral from the committee to the justice department was looking more and more likely. >> the doj has a full investigation going and that is where this baton is handed to. we may have a criminal

referral, if the rule of law says you can attempt a coup as long as you fail and you won't be held responsible that is way more dangerous for this country than some fear of short-term violence or riots in the street. >> taking the point that it is up to the doj and not the committee to approach will consequences for those who thought to overthrow the results of the legitimate election victory for joe biden. we know when the justice department issued those 40 subpoenas, investigators also seized to tell cell phones from trump advisors. federal agents with search warrant took a phone from a in- house counsel and mike, a campaign strategist, which was the director of the election the 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 issuing lots of subpoenas. as of last week and now we are less than 60 days from the election. we have had that important marker of less than two months to the midterms with the department has a long-standing practice of not taking public investigative steps in a case so close to election days but here we are. the doj is not showing any signs of slowing down. today ken asked the head of the justice department's little investigation if he can say anything to help the public better understand the flurry of investigative activity in the last week dealing with trumps associates. >> the attorney general will share that it is important for us to preserve all relevant evidence in that investigation and any other investigation and otherwise we will continue to speak to the work and the filings of the department of justice. >> importance of preserving

evidence you say? you have my attention. joining us now is met miller. thank you for being her med. 40 subpoenas the number alone and the timing seem deeply meaningful in terms of the scope of this doj investigation. how do you read all of this activity in this politically sensitive time before the midterm? >> i think it is clear there is a full circle investigation into everything surrounding donald trump's attempt to overturn the election from the violence on generally six to the race he spent money and spent it fraudulently to his super pack to his attempts to pressuring the vice president to accepting them. the department crossed a important threshold in june when we learned they seized the cell phones of jeffrey clark and john. up until that date

there was no public signs that the department was investigating anything other than the violence of the capital but once they crossed the threshold, there was no other path ford other than what we are seeing now. subpoenas of the people coming before the grand jury and then the department having to make them decision. >> we are talking about all of it here. the safe america pack. pressuring election officials, all of this is on the table for the doj investigation. >> one of the important things to remember is there are a number of potential witnesses and subjects. we saw 40 people that received subpoenas i do not think we should believe that is the end of the subpoenas. is probably just a bikini. you will see grand jury subpoenas coming in these witnesses will have overlapping pieces of information and potentially overlapping criminal liability. when you see the department looking at multiple threads of investigation you can see where they would interact with each other.

criminal liability in one area but information in another area may feel pressured to cooperate. you are a subject in the for collector scheme but you have information about the fraudulent fundraising and you come in and cooperate about everything. you will see quickly how a department will try to build this investigation along multiple paths. >> lots of pressure points, i am old enough to remember at the outset of the generally six hearing there was so much pressure about meredith garland and it is now appears the committee ended doj are in line with one another in a way they have not been up until now. >> they 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 will not talk about the investigation but they will express frustration that in their minds, people that ought

to know better, people that used to be in the department, no sitting aside and criticizing them for apparent inaction. all of us in the justice department are familiar with the circumstance that you are doing things but you have to be quiet. they always felt like they were investigating aggressively and could not say so and now we see the evidence of it. >> what happens here? we have the doj investigation into the beach club papers that we want to call it in florida we have this investigation into january 6, filling investigations, the senate judiciary committee will investigate from the allegations put forth in jeffrey's book about the way the doj was used there. there is a a lot of pressure for lynn to do something and maybe offer a indictment of a former president, what happens here and how untenable is the position given institutional norms? >> heaters has to do what he has promised to do since day

one, follow the facts and the law, not false way too political pressure and the way he has been such a cautious and conservative attorney general more than any of his predecessors in recent times will serve him well now and he is really navigating these tough waters and making tough decisions. at the same time he doesn't have to listen to the pressure, he of course feels it. in a way the case has delivered to him a easier choice to go forward. it is the simpler case. i personally believe the easiest charges to bring against trump are charges that other people have been prosecuted for in the past. not something novel like inciting a right at the capital. nobody has been prosecuted for a q in this country before. those would be novel charges, not to say you could not

sustain them but they would be vulnerable to potential challenges on appeal and with the spring court who knows what would happen. unlawful retention of classified documents and obstructing investigation is something multiple people have gone to jail for. i also think it is likelier to be on a faster track both because it already appears to be further along in the legal issues are much more simple. >> that is the indictment that garland seeks. the january 6 stuff can be put on ice. >> not on ice but work out the more complicated one with a longer timeframe. >> all right we are all watching. it is great to see you. one name stands out on team team trumps list of possible special masters. not in a good way. it has to do with his law firm. david has just written a book about that same law firm and its extraordinary work to enshrine conservative policy

and help donald trump. he will join me live to talk about it. that is ahead. ahead.

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visit findahandspecialist.com today to get started. as we mentioned there are new developments in the ongoing court battle over the

classified documents found in former president trump's florida beach club. this is department and the trump legal team each submitted two names to be the special master. the justice department put forward to former federal judges, people they felt could play the role of impartial document referee. the trump team also put forward two names. a former federal judge and a florida based portal. the justice department has signaled it is willing to accept one of the trump teams picks. department lawyers suggested they could see their way to accepting trumps choice of former judge raymond geary to be that special master. why would the justice department suggest they can accept one of trumps candidates and not the other? we do not know. it could be because of two words that are a big red flag.

joan day. trumps special master candidate is paul, jones day is one of the biggest law firms in the country and like most it is old, it has been around for 130 years what sets it apart from america's other big white shoe law firms as it spent the last six years serving the interest of one client in particular. donald trump. in return donald trump has done his part to serve jones day. new york times this is investigations editor david just wrote a book called servants of the dam. giant law firm donald trump and the corporate law firm of justice. he traces the firm's history with trump back to the first campaign as jones day decided to take on trump as a client. in return trump gave jones day

total control over his plans to appoint new judges to the court. most importantly the supreme court. this was important not just because it is the supreme court but because candidate trumps list will become a crucial turning point for his campaign. which explains years later that the list reassured a lot of republicans that may be trump was doing fundraisers for schumer but it looks like he may be okay on something that is important to us. the creation of the list mcconnell added became the single biggest issue bringing our side in line behind him as an trump. after trump became president he appointed a jones day lawyer, don to be white house counsel and immediately began using his role to fill the federal courts with jones they approved judges. it is written while he was in the house there is a saying among some republicans, no vacancy left behind. it was a not of course to how

many conservatives began with embedding in the judiciary but it had a more specific close to home meaning as well. jones day lawyers were among those ending up on the bench there was more to the relationship between trump and jones day than just appointing judges. inside and outside the government jones day arguably did as much as any private institution to help trump and his administration. it was not just defending the campaign against the molar investigation and efforts to protect the president impact courts. once and future jones day lawyers, the consumer product safety commission and the justice department which has been transformed into a political appendage to the white house. the relationship between the two entities, the trump administration and the law firm is unlike anything we have seen from any other big law firm during any other presidential

administration. in four years jones day wedded itself to trump and its movement. even asking the courts to reject certain mail-in votes from the state of pennsylvania, that did not work but the relationship did not finish after trump lost. this is what he writes after the defeat, jones they was poised to become a refuge for battle scarred veterans from the trump demonstration who given the presidents toxicity would be unwelcome in many law firms. the ensuing to your exodus from demonstration to jones they will further alter the identity of the 126-year-old law firm. you are watching the legacy of trump and jones day play out each and every day when the supreme court finishes the right to safe and legal abortion in each new case that lance before a trump appointed federal judge.

as we look forward, what might it mean to have one of the world's most dominant law firms in trumps corner as he looks to regain power and undermine american democracy. i will ask david that and so much more coming up next. next.

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what do one of america's biggest tobacco companies and one of the biggest opioid manufacturers in a man called donald trump have in common? they all have the same

attorneys. in the new book, servants of the dam, the new york times this is investigations editor investigates how jones date turned a talent for representing unsavory clients into a political windfall by aligning with one of the most unsavory clients of them all, donald trump. jones they has been known for decades to be a tireless and successful defender of some of america's worst corporate actors. the firm helped. it made a name for itself breaking in billions a year from tobacco, opioid, gun and oil companies. with the press of the of trump the took on another calling. working inside the white house to influence national policy. as he writes in the book, for just a it marked the moment the

firm achieved a position of a historic dominance in washington after decades of swelling and vision. what transpired at the dawn of the trump era was a extra neri transfer of talent from a single law firm to a new administration. joining us now is david, the business investigations editor of the new york times and author of the book, a excellent and thoroughly reported read. congratulations. >> is great to be here. >> how did this happen? we know jones they always leans conservative but he gets supercharged in the run-up to the election in 2016 and then of course once trump is president, can you explain that metamorphosis and more detail? >> this started years before trump came on the political scene. jones day under its managing partner, a very conservative man started taking on not just clients but also causes.

one of their big issues under obama was attacking obama care. they launched multiple legal challenges trying to undermine the healthcare law and the firm became a home for conservative republican lawyers that would not have been quite as powerful and other establishments in washington and around the country. in 2015 or 2014 they hire a group of hot-shot republican lawyers to start a practice devoted to helping republicans get elected. one of these people don would soon become a household name and one of the first clients he took on in early 2015 was the trump campaign and he and trump saw eye to eye on a lot of issues and more than that, he saw trump who is not burdened by strong beliefs. >> that is one word for it. >> don saw trump as a vessel

for some of his movements. dismantling that ministry of state and trump was happy to have people like him and jones they on board because it led a lot of established credibility to him at a time where a lot of people were not taking his campaign seriously. >> it is the moment when trump convinced republicans and mcgann is the linchpin, the guy connecting the federal society and their long laundry list of conservative judges to the trump administration. then the list is used. >> it is not just mcgann. a bunch of other lawyers at the firm and the firm itself the list was hatched and jones days offices on capitol hill and they brought together people

like leonard from the federal society and a bunch of republican lawmakers that is literally where this took place. when mcgann becomes the first white house counsel. he reports from jones day, many lawyers, not just in the white house but throughout the federal government and in particular the justice department and together all of these lawyers that just came from jones day really go out of their way to reconstitute the federal judiciary in a way that is completely unlined with groups like the federal society. it is a different court. >> we are seeing the harvest of that. what bears mentioning is it is not just a bunch of conservative lawyers doing a bunch of conservative lawyering. this is lawyering we have not seen before. the viciousness, the tactics they use. i will draw everybody's attention to a example around pennsylvania. after the 2020 election.

jones day and his lawyers were trying to stop votes from being counted not because they thought there was something improper there was zero evidence but because they detected a opportunity to use the law to give their side a political edge. in the firm's calculus, the consequences spinning fears of fraud that would erupt two years later he reps in a assault on democracy. they are practicing law in a way that has now become the hallmark in a lot of ways of the republican party but this seems like the origin story for some of it. >> that is exactly right. the origin story for jones day learning these tactics is they for the decades mastered these skills representing is like rjr and going to the extraordinary lengths to not only be victorious in court and protect clients but steamrolled their opponents in ways that a lot of outside experts and some people i spoke to at jones day felt were pushing the envelope in a way that left a lot of people uncomfortable so you then see these tactics that have been the norm in corporate

litigation thing brought to bear in the political realm in the litigation like we saw in pennsylvania in 2020 and surprise they are using a lot of the same smash mouth tactics that have been perfected in the corporate arena. >> it is a important line to draw between what the law firm stood around big tobacco and guns and applying those lessons and tactics in the political world. it is a dangerous future for american politics. it is also stunning is calling it a revolving door between this conservative law firm and the trump but house is a understatement. there is no analog on the left. is there? i know judicial watch groups of a kind exist, there is a interest on the left in terms of appointing liberal justices but there is not the same ecosystem that exists on the right. >> i do not think there is anything equal to it and i do not think to jones day doing this there was equal on the right either. it has brought to bear nonsense

in terms of mcgann mister messing remaking the federal court but it brought to bear on behalf of their corporate clients who had business with the government in a way that would be funny if it wasn't so troubling in a lot of ways. there is a example involving walmart which was under criminal and civil investigations from the justice department and the justice department was staffed at the senior levels by jones day lawyers and they are representing walmart and they go to the former contacts inside the truck administration and does its best to derail that investigation in a way that left federal prosecutors, some of whom appointed by trump, they were aghast. >> it is shocking and important reporting you have in this book. the business investigations editor at the new york times. congratulations on the book. author of the new book servants

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one quick pro manning note, tomorrow i will be joined by georgia's democratic candidate for governor on this show. i will be talking to her about . we'll see you again tomorrow.t . "way too early" is coming up next. the american people won and special interest lost. say it again. the american people won, and special interests lost. folks, we're going to 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. ever in the whole world. and that's not hyperbole. that's a fact. >> president biden