Skip to main content

tv   Alex Wagner Tonight  MSNBC  December 1, 2022 9:00pm-10:00pm PST

9:00 pm
[choir singing] ♪ ♪ ♪ [choir singing] ♪ ♪ ♪ [choir singing] ♪ ♪ ♪ >>,,! .
9:01 pm
,. ,. ,. . [choir singing] ♪ ♪ ♪ [choir singing] we all heard as a child and if you have a long ones like i do and show you said it's your child today. quote, the answer is now. and the answer is no to mr. donald j trump. here it is the quote. this appeal requires us to consider whether the district court had jurisdiction to block the united states from using lawfully seized records in a criminal investigation.
9:02 pm
the answer is no. we have breaking news tonight, in the federal criminal investigation of donald trump and the curious case of the missing 13,000 government records that were found squirreled away at the former presidents beach club in florida. tonight, the 11th circuit court of appeals has thrown out the special master that trump fought for, and that was put in place by a trump appointed judge. that judge, aileen cannon of florida, took trump side and appointed a third party arbiter, our referee if you well. to sift through the thousands of government records many of them classified. the fbi seized from mar-a-lago in august. the problem with appointing a special master here, the government argued that it hindered their ongoing criminal investigation essentially they said, we need those documents. this is a matter of national security, and a lot of legal experts saw this whole special master gambit as if a former
9:03 pm
trump -- strategy to slow walk the investigation. including most likely, the justice department, which appealed the appointment of that special master. tonight ... tonight, the 11th circuit court of appeal and atlanta as effectively said, sorry, you are now out of luck. the judges said trump's arguments as to why a special master was necessary were quote, a sideshow. that's actually in the filing. they did not stop there. they set on no uncertain terms about trump's arguments quote, the government disagrees with each contention. now tonight's order is a preculium ruling which means it's attributed to all three judges on the panel. no single judge authored at. it's a showing of solidarity, that's significant because those three judges they were all nominated by republican presidents. two of them, or nominate by trump himself. let me tell you, those judges did not hold back. in considering these arguments, we're faced with a choice. apply our usual test, drastically expand the
9:04 pm
availability of equitable jurisdiction for every subject of a search warrant. or carve out an unprecedented exception and our law of former president. we chose the first option. so the case must be dismissed. it really doesn't get much simpler than that, there was three options. one was sane, the other two are insane. we chose the say this one which shuts this whole thing down. the ruling continues. the law is clear. we cannot write a rule that allows any subject of a search warrant to block government investigations after the execution of all the warrant. nor can we write a rule, that allows only former presidents to do so. either approach would be a radical reordering of our case law limiting the federal courts involvement in criminal investigations. and both would violate bedrock separation powers of limitations. accordingly, we agree with the government, the dismissal of the entire proceeding is required. full stop. now, with this evening's ruling, the justice department
9:05 pm
theoretically if trump doesn't appeal this. the justice department can resume its criminal investigation with access to those thousands of declassified records as soon as next week. but even having those documents held up by the special master, hasn't stopped the justice department and the newly appointed special counsel from continuing its investigation. the new york times reporting today, today's decision from the 11th circuit comes on a busy and very important day for special counsel jack smith. the decision came on the same day that quote -- appeared before a grand jury in washington. that's investigating mr. trump 's handling of the documents, according to two people familiar with the matter. those aides included dan scavino, trump's former social media grew, and william russell and william harrison who worked for trump when he was in the white house. in recent weeks, several witnesses connected to that investigation have appeared in front of a grand jury in
9:06 pm
federal district court in washington. and pc news has not confirmed that stop the press information. if this reporting bears out, the special counsel in the mar-a-lago trump documents case, is ramping up. on a day where mr. trump has once again, lost in court. joining us now, charlie savage who is covering the story today from the new york times. and neil katyal, former acting solicitor general during the obama administration. gentlemen, thank you both for being. and neil, i'd love to start with you. i found thi from the 11th circuit, quite a doozy. that's not an official legal term. how did you read it? >> yeah, federal appeals judges generally talk in a very plain understated language. this wasn't understated, this was the three dodges tearing apart donald trump's legal arguments. and donald trump did get a good, lucky early break. he drew up judge initially over
9:07 pm
judge cannon. who seems inclined to entertain all sorts of wackadoodles arguments. as luck ran out here, he drew a panel that was incredibly conservative, alex. these are three very, very conservative judges. but, they basically said this is a terrible legal argument. and one quote you didn't show, but i want to share with our viewers. is this: the senate towards the end that trump's argument quote, defies our nations foundational principle that our law upholds roof out regard to numbers, wealth, or -- essentially, what the court saying is trump you want special privilege here just because you're the former president. you don't get that here, you're treated just like everyone else. and nobody would get a special master for their criminal investigation after they stole a bunch of secret government documents. >> neil, it's an indictment of trump strategy. but it's an embarrassment for judge cannon, is it not? this whole thing is effectively a rebuke to her contention that
9:08 pm
she can step in and make a ruling here. >> yeah, i mean it is about as much as a body slam as you can get. i think one other -- and i'm sure charlie's been thinking about this guy as well. it's what this does to jack smith's investigation. because if you're the special counsel, you now have been handed this on a golden platter. you have three very conservative judges saying essentially, you're investigations legitimate. you can go forward. trump banked on the reverse. he had hoped that they would slow, or stop, or stymie -- this investigation, and all he got was 18 pages -- no way, this investigation is legitimate, and it's gonna go forward -- these very serious crimes. >> the answer is no, donald. trump charlie to that end and neil's point, what does this do to jack smith in the special counsel timeline? >> well, certainly, it takes
9:09 pm
the handcuffs off. he'd already been freed by the 11th circuit. to use before he got there for the people he's now supervising are free to use the hundred three documents marked in the investigation. now there's no more feathers are there will be no more factors for the seven-day period a lapses to using the other sort of 13,000 pages of stuff. that's evidence about what this was being stored with, who had access to it, and so forth. that they're all gonna be adding up to the ultimate decision of whether to bring charters. i'd say, there's another element here. that shouldn't be overlooked which is one of the things jacks smith is gonna have to decide at some point. if he does say he's gonna move forward with asking the grand jury to indict someone in this. case either trump or some of his aides. is where to bring those charges. the most obvious place to bring them is in florida, that's
9:10 pm
where the documents are being held. that's where the obstruction happened, if there was a charge of obstruction. here even though, the grand jury that subpoenaed was defied based in d. c.. an issue with bringing the charges into florida, however, is that eileen cannon could end up with this case under the rules down there. if some judges already dealt with something, and there is a related matter that's filed. either of the party can file a motion to move that case to the judge who originally had. at the ideas not to have two different judges. -- judicial resources. obviously, this justice department does not want a criminal case, if they bring one to go before the judge. so, ordering this case, dismissed at this point on such sweeping grounds, not letting her get to a new motion, that the trump people filed a few days ago, trying to get the search warrant affidavit released without redactions, not letting her get more hooks
9:11 pm
into the case. may also improve the chces of jack smith may bring charges if he does in florida. as opposed to in d. c.. >> oh, that's a really interesting twist in all this. daniel, do you have an opinion, do you have an opinion on what a judge cannon may have seen the error of some of her ways? at points in all of that, as she has reversed course rather quickly. when effectively slap back by other courts. do you think she continues on her course, thus far charted of being a trump defender. or -- go ahead. >> when you ask, alex, can she have her own ways. i guess if she can read. she's gotta see the error of our own ways. these 18 pages of your absolutely -- start to finish. so, i disagree with charlie a little bit in the following sense. i think this case, if there's a criminal indictment has always been in washington, d. c.. that's where the documents were stolen from, that's where the grand jury is sitting, and so i
9:12 pm
always thought it would have been there regardless. i think the justice department is very, very weary of ever being seen as trying to shop with a certain judge. we see it in a lot of foreign shopping by other participants. you don't see it at the justice department. it's one of the most cardinal rules of the organization, one kind of exception if you do have someone that's truly acting lawlessly. i agree with charlie that, this is an additional fact that the department would consider. but it's gonna be in bc through and through, no matter what. given the nature of these charges and why the documents were stolen from. >> charlie, let's talk a bit about the timeline for a potential indictment. there was some thinking that the justice department would have to wait until judge dearie finish the review. if this doesn't go to appeals, and if theories effectively taken off of this next thursday. do we have an expectation of what the next step is.
9:13 pm
we know there is a parallel intelligence community review of the classified information. do we know where that is, we have any sense of when this may be wrapping up? >>, well everything was on hold of course because we were moving through the 60 days leading up to the election. and because of this document review. by the way, it wasn't just until judge dearie, special master, finished in his rearview, that was the end of part one of his process. he was merely gonna make a report and recommendation for judge cannon under her vision. and she would start over. and decide for herself to maybe have briefings, and arguments along the way. but delays that her process could've pushed this cakes into went well beyond the timeline for dairy to wrap up of his phase of just taking a look at it. so, it really does move things along in that respect. >> what we don't know, is how much information they still
9:14 pm
don't know in terms of missing puzzle pieces, at the top level, what was trump saying to his aides at various points in time. that would show his knowledge, to what extent did he direct them, not to turn over certain documents. is he able to say, he just didn't know. there's-- one of the reasons why these aides of his are coming for the grand jury. and there's still many more of those interviews to be done. just to continue the other conversation with neil, whether it's obvious that d. c. would be the thing you care. you see the documents were stolen in these say. but if trump was still president, before january 20th, at noon, when those documents were put in boxes, and taken out of the white house and ship to mar-a-lago. he had every right to do that. so, it's the retention of them -- months later. a year later. when he's not the president. and he receives a subpoena for them. and it doesn't give the back.
9:15 pm
it's the unauthorized retention of them. not the tweaking of them that's the cleanest espionage act offense here. it's not something that happened in d. c., it happened in florida. >> i have one more question, in terms of the documents. and where they are, there's some talk about documents being stored elsewhere, do we have a sense that the justice department is looking at bedminster or trump tower. have they given up on founding the rest of white me a horde world away. documents that belong to the government? >> well, i do not think that they think they've gone all the documents. they said as much in court filings. in court arguments. they're not confident they have everything. i think a search of bedminster or trump tower is one of those overt steps that they're probably not gonna do leading up to the midterm election.
9:16 pm
because of the 60-day rule about not doing things. that influence politics, close to an election. they also would need probable cause, to get a search warrant. that there is something there. not just having suspicions. that could be and other things are still looking toward. and asking questions about as they grilled trump's aides in the jury room. >> neil, i have one more quick question for you. is this the end of the line for trump? or do you think it's gonna end up at the supreme court? >> well, i think trump will try. he always tries, alex. to delay everything. and bring everything through. but the supreme court will make short work of this very fast. and the justice department should expedite decisions with the supreme court. this has been a terrible week for donald trump, alex, his tax returns, unanimously lost that in the supreme court. so, they were turned over to congress. his former chief of staff, mark meadows, was ordered of testify in front of a grand jury. and now trump is watching his favorite judge in florida,
9:17 pm
bascially being told, you're fired. by these appellate court. it's a bad, bad week. [whispering] >> the apprentice, the additional version. charlie savage, washington correspondent in the new york times. and neil -- solicitor general. thank you both for being here tonight, i appreciate it. >> coming up this hour, ahead of tomorrow's final day of early voting in georgia senate runoff. democrats have sent in the closer. but first, president biden's hosting french president, emmanuel macron, at the white house tonight, in his very first state dinner. that scene isn't contrast to another recent dinner out there by former president. one that's continuing to raise questions about the relationship between republicans and extremists. anti racist author and activist abraham kennedy joins me after the break to discuss. stay with us! ♪ ♪ ♪
9:18 pm
theo's nose was cause for alarm, so dad brought puffs plus lotion to save it from harm. puffs has 50% more lotion and brings soothing relief. don't get burned by winter nose. a nose in need deserves puffs indeed. america's #1 lotion tissue.
9:19 pm
nicorette knows, quitting smoking is freaking hard. a nose in need deserves puffs indeed. you get advice like: just stop. go for a run. go for 10 runs! run a marathon. instead, start small. with nicorette. which can lead to something big. start stopping with nicorette.
9:20 pm
when cold symptoms keep you up, try vicks nyquil severe. just one dose starts to relieve 9 of your worst cold and flu symptoms, to help take you from 9 to none. for max-strength nighttime relief, nyquil severe. these days, for max-strength nighttime relief, our households depend on the internet more and more. families grow, houses get smarter, and our demands on the internet increase. that's why we just boosted speeds for over 20 million xfinity customers, on us.
9:21 pm
so you get more of the speed you need for day and night streaming. more speed you need when you're work from homeing. and more speed you need as your family keeps growing. check in on your current speed through the xfinity app today. this evening, present biden is holding a white house state
9:22 pm
dinner with the president of france, emmanuel macron. the first that biden has held as president. today, the to the distressed importance and the strength of the country's partnership. particularly, as russia wages war against ukraine, and aims to undermine democracy. the two promise to stand together against putin's brutality, in quote, the fight for freedom. now the reason president macron is at the white house engaging in this type of diplomacy is that he won a free and fair election this spring, against his country's far-right leader, or in the pen. this is the second time macron beat lapen, who ran on weakening francis tied to the eu, nato. so bridges emitting immigration, and an inca jobs worn in public. the pen ran as the head of a party founded by her father, who has engaged in antisemitism for decades. until 2015. but his comments became so untenable that his own daughter,
9:23 pm
marine, was forced to expel him from the party. but signs of some of the party leadership, marine le pen has ultimately failed to stare the party away from the bigotry deployed by her father. my defeated the present a probe about 70 points, which sounds like a lot, but was a smaller margin than in the 2017 election. and her party picked up enough seats in french parliament, this year, to deny macron's party the majority. so, despite fending off far-right political forces of bigotry at the ballot box, but macron, and president biden are currently wrestling with the after effects of an emboldened far-right that has the potential to erode democracy. indeed, we saw that the poison of an emboldened far-right just this afternoon. while biden and macron were publicly refirming their relationship. when kanye west, a longtime friend of former president, donald trump, was recently gone on several antisemitic diatribes on mainstream media platforms. when kanye west appeared on alex jones's, infowars, livestream.
9:24 pm
that is kanye right there. he goes by ye now. wearing a mask. for context, what has become sort of an object of fascination on the right. expressing some of the most toxic and bigoted rhetoric you have heard from the mouth of a person who is still attempts to engage in society. and this point, kanye west has been doing it for years. and trump world biden him in. quite literally. just months after carney was claimed on tmz that slavery was a choice, and reportedly proclaimed his love for hitler and not cease. and then aired part of the tmz interview. donald trump invited kanye west to the oval office. >> one of the moves i love that liberals try to do, the liberal tried to control a black person through the concept of racism because they know that we are very proud emotional people. so when i said i like trump, to some of the, the say oh but he's racist. you think racism can control me?
9:25 pm
that won't stop me. >> i like to speak on one of your rallies. >> he could speak for me anytime you. lots is been a great guy. he's a smart cookie. he gets it. >> he gets it. that is what trump said of a black celebrity who, and the very same conversation, claims that they cause of the racist moment cottrell by people. he can speak for me. he's the guy who gets it. on u.s., we must be, said has a mental health condition. and has become sort of been have a tar of trumpism. since then. he's become a right-wing media darling. when fox news's tucker carlson interviewed kanye west in october, west made several antisemitic remarks that carson never aired. knowing what he left on the cutting room floor, this is how tucker carlson introduces interview with kanye west. >> days ago, during fashion week in paris, west, accompanied by his friend candace owens. unveiled a t-shirt that said white lives matter. the response from the fashion industry was instantaneous, and uniform. shock, horror, rage.
9:26 pm
the enemies of his ideas dismissed west as they have for years as mentally ill. too crazy to take seriously. look away, ignore him. he's a mental patient. there's nothing to see here. but is west crazy? you can judge for yourself as, you watch where about the show you. >> fast forward to november. guess who's coming to dinner at mar-a-lago just in time for thanksgiving. kanye west, white nationalist, nick fuentes. who sat down for a meal with the former president. and that dinner was not just a social. it was an activist meeting for trump to bring him closer to the base of his party. trump reportedly asked fuentes for his take on trump's speech announcing his 2024 presidential bid. fuentes criticize trump for being too scripted. fuentes we'll counterintelligence that fuentes represented the side of the base that was disappointed with trump's speech.
9:27 pm
and trump said at one point set for this, quote i, really like the sky. he gets. me according to reports, that dinner, with the bigotry of fuentes, and west, as the centerpiece. recently put republicans in a difficult position. i can do to see of republican leaders including senate majority leader, mitch mcconnell, spoke out against it when asked recently. >> first, let me just say that there is no room in the republican party for antisemitism, or white supremacy. and anyone meeting with people advocating that point of view, in my judgment, are highly unlikely to ever be elected president of the united states. >> and yet, when mitch mcconnel made those remarks, this tweet was still on the house judiciary republican voter base.
9:28 pm
kanye, elon, trump. it was posted on october 6th, the day of the interview with tucker carlson. and today, nearly two months later, after kanye west made a new spate of remarks on and infowars with alec jones. house judiciary republicans, finally, finally, got around to removing that sweet. apparent with nick fuentes, west, again professes love of hitler, and for natzis. he said he sees, quote, good things about. and he claimed that, every person has quote, something of value that they brought to the table. especially, hitler. more republicans came out to disavow kanye west today, including republican jewish coalition. and house republican leader, kevin mccarthy. who called remarks, quote, unbelievable. but aside from the 70s, and west, as people. it is unclear which part of the white supremacist ideology is rejecting beyond the direct embrace of hitler. this elevation of 20s in the west, but the presumed republican front runner for the presidency, it comes at a very perilous moment. when this country is grappling
9:29 pm
with white nationalists extremism and domestic terrorism. in the past month, we've seen advisories reports from the department of homeland security, and the senate committee for months acuity, raising concerns about the threat of domestic terrorism. predominantly from white supremacist, anti government extremists. threats, specifically, targeting jewish migrant and lgbtq communities. we are fighting against a real problem here. the root rot of bigotry in antisemitism that has infected the base of the two major political parties in this country. can it be uprooted? if so, how? joining me now is a barium ex kenny, professor and family professor from the center for anti racist universe -- --
9:30 pm
9:31 pm
9:32 pm
9:33 pm
white supremacists support voter suppression, and republicans generally do to. white supremacists support anti immigrant rhetoric, and policies, and republicans do to. white supremacist support rolling back reproductive health, and so the republicans. on the line, when you look at the policies that white supremacists are advancing, and the policies that republicans are advancing. they are pretty much one in the same. >> there is a stark reality that people like marjorie taylor greene, and paul gosar, are going to be reassigned committee seats. after having said things like, comparing president biden to hitler. these are people who speak out white machinations. so it seems nearly impossible to eradicate the virus of white supremacy from the republican party when, as you point, out of the policy itself mirrors that of a white supremacist policy and the interlocutors here are in southwest premised, like marjorie taylor greene and paul gosar.
9:34 pm
how then to proceed in the two party system, where one party is infected with a poison that could kill democracy itself? >> i think first and foremost, many people are attracted to bigoted ideas, to whet supremacy, two forms of antisemitism. because of the ways in which they are hurting, because of the ways in which they have been misled into believing the government isn't working for them, or the elected officials are not working for them. as you try to create more equity and justice for all people, and as you create a more robust and truthful educational system, then people feel less of a need. but i also think it's important, particularly for white americans, who are largely the target of these republican elected officials, and certainly what supremacists to know that one of the oldest white supremacy talking points is that white people are the true victims.
9:35 pm
is that diversity, and multiculturalism, and anti racism, are anti white. that is a white supremacy talking point. unfortunately, because white people and people of color, and people in general, aren't learning about the history of racism. and white supremacy, they don't know when they're being hoodwinked. >> i think when you talk about learning to history. and you focus on education as a way of combatting this. how -- i, mean we look at the fight that is happening over discussion of race in the classrooms. the way we talk about history here in our country. that is being litigated. in many ways, poisoned. by a right wing that is intent on bringing in christian nationalism to the classroom. what is the rest of the country to do in this situation? >> ultimately, i think, when we look at the core of this issue, it is really an issue about power and policy. and you have white supremacists,
9:36 pm
and even republicans, who are using bigoted ideas to gain power so they can institute policy that benefits people like them. and really, we can't be distracted by these bigoted ideas, by racist ideas, tony morrison oftentimes talked about racism as a distraction because so many people are distracted and they need to figure out, and see, the true source of their harm. which is not people don't look like them. it is typically, oftentimes, people who they are voting for. who have taught them that they are their saviors, when we need to look and see our neighbors as our savior's. >> our neighbors are savers, we are in it together, ibraham exkendi, it is such a joy and an honor to have you on the show. and to have your words of
9:37 pm
wisdom in a moment where i feel like a lot of us feel quite loss. professor and founder of the director of the center for a tight races research at the boston center. but candy, thank you so much your time today. >> >> of course, thank you for having me. >> still ahead tonight, leaves from the supreme court have many people concerned, including members of congress, want answers and they want accountability. judiciary committee member, senator sheldon whitehouse, joins me to discuss. and, tomorrow. is the last day of early voting in the state of georgia, and next tuesday's senate runoff election and there is no shortage of scandal facing republican herschel walker. as democratic senator, raphael warnock, brings out the closer in the final days of the race. that is next. stay with us. first psoriasis, then psoriatic arthritis. even walking was tough. i had to do something. i started cosentyx®. cosentyx can help you move, look, and feel better... by treating the multiple symptoms
9:38 pm
of psoriatic arthritis. don't use if you're allergic to cosentyx. before starting...get checked for tuberculosis. an increased risk of infections some serious... and the lowered ability to fight them may occur. tell your doctor about an infection or symptoms... or if you've had a vaccine or plan to. tell your doctor if your crohn's disease symptoms... develop or worsen. serious allergic reactions may occur. watch me. ask your rheumatologist about cosentyx. research shows people remember commercials with nostalgia. so to help you remember that liberty mutual customizes your home insurance, here's one that'll really take you back. wow! what'd you get, ryan? it's customized home insurance from liberty mutual!!! what does it do, bud? it customizes our home insurance so we only pay for what we need! and what did you get, mike? i got a bike. ♪ only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪
9:39 pm
family is just very important. she's my sister and we depend on each other a lot. she's the rock of the family. she's the person who holds everything together. it's a battle, you know. i'm going to be there. keytruda and chemotherapy meant treating my cancer with two different types of medicine. in a clinical trial, keytruda and chemotherapy was proven to help people live longer than chemotherapy alone. keytruda is used to treat more patients with advanced lung cancer than any other immunotherapy. keytruda may be used with certain chemotherapies as your first treatment if you have advanced nonsquamous non-small cell lung cancer and you do not have an abnormal “egfr” or “alk” gene. keytruda helps your immune system fight cancer,
9:40 pm
but can also cause your immune system to attack healthy parts of your body. this can happen during or after treatment and may be severe and lead to death. see your doctor right away if you have cough, shortness of breath, chest pain, diarrhea, severe stomach pain or tenderness, severe nausea or vomiting, headache, light sensitivity, eye problems, irregular heartbeat, extreme tiredness, constipation, dizziness or fainting, changes in appetite, thirst, or urine, confusion or memory problems, muscle pain or weakness, fever, rash, itching, or flushing. these are not all the possible side effects. tell your doctor about all your medical conditions including immune system problems, or if you've had an organ transplant, had or plan to have a stem cell transplant or have had radiation to your chest area or a nervous system condition. it feels good to be here for them. living longer is possible. it's tru. keytruda from merck. ask your doctor about keytruda. my most important kitchen tool? my brain. so i choose neuriva plus. unlike some others, neuriva plus is a multitasker supporting 6 key indicators of brain health.
9:41 pm
to help keep me sharp. >> since the last time i was neuriva: think bigger.
9:42 pm
here mr. walker has been talking about issues that are of great importance to the people of georgia go a go like whether it is better to be a vampire or a werewolf. this is a debate that must confess i once had myself when i was seven. then i grew up.
9:43 pm
in case you're wondering by the way, mr. walker decided he wanted to be a werewolf. which is great. as far as i'm concerned he could be anything he wants to be. except for a united states senator. that was president obama stumped for senator, raphael warnock tonight in atlanta. with the special election to five days away over 1 million georgians have already voted early. now, what senator warnock has and listed arguably the biggest star in the democratic party as his closer. herschel walker has tapped former secretary of state, mike pompeo. i should laugh. mike pompeo was the former secretary of state. but even mike pompeo appears to be a tough looking for the walker campaign. former secretary of state canceled his appearance with walker at the last-minute, citing, a family issue. walker is also facing yet another damning allegation of physical assault from an ex partner. there are just five days left until this runoff election. and despite the apparent, and pretty clear asymmetry on display here, both candidates to have a lot of work to do in terms of mobilization.
9:44 pm
but if walker is losing the support of his own party's elected officials, and he can't book mike pompeo, he may want to rethink his closing argument. we will be right back.
9:45 pm
detect this: living with hiv, i learned i can stay undetectable with fewer medicines. that's why i switched to dovato. dovato is for some adults who are starting hiv-1 treatment or replacing their current hiv-1 regimen. detect this: no other complete hiv pill uses fewer medicines to help keep you undetectable than dovato. detect this: most hiv pills contain 3 or 4 medicines. dovato is as effective with just 2. research shows people who take hiv treatment as prescribed and get to and stay undetectable can no longer transmit hiv through sex. don't take dovato if you're allergic to its ingredients, or if you take dofetilide. taking dovato with dofetilide can cause serious or life-threatening side effects. hepatitis b can become harder to treat while on dovato. don't stop dovato without talking to your doctor, as your hepatitis b may worsen or become life-threatening.
9:46 pm
serious or life-threatening side effects can occur, including allergic reactions, lactic acid buildup, and liver problems. if you have a rash or other allergic reaction symptoms, stop dovato and get medical help right away. tell your doctor if you have kidney or liver problems, or if you are, may be, or plan to be pregnant. dovato may harm your unborn baby. use effective birth control while on dovato. do not breastfeed while taking dovato. most common side effects are headache, nausea, diarrhea, trouble sleeping, tiredness, and anxiety. detect this: i stay undetectable with fewer medicines. ask your doctor about switching to dovato. this summer, politico published
9:47 pm
9:48 pm
a bombshell piece about rob schenck, a former evangelical leader who orchestrated a multi-million dollar scheme to wine, design, and entertain supreme court justices in an effort to push an antiabortion agenda, a 30-million-dollar plan to lobby the justices with
9:49 pm
hunting trips, luxurious vacations, and expensive meals. a plan that worked. a few weeks ago, schenck told the new york times that he was tipped off in advance to the supreme court landmark 2014 hobby lobby decision by a wealthy couple he personally recruited to get close to justice alito and his wife. the implication here is that justice alito himself, or his wife, offered the information to the couples, something alito now denies. and yes, that leak is problematic. but so is the shameless and shockingly successful maneuver to buy access to supreme court justices. but all of this is something that we've known for quite some time. the supreme court has a massive accountability problem. politico, the new york times, and others, have just put it on full display. in light of these reports, senator sheldon whitehouse and congressman hank johnson sent a letter to chief justice roberts, demanding answers and asking for formal inquiries. and tonight, the house
9:50 pm
judiciary committee announced that it will be holding a hearing next week to investigate this conservative lobby campaign, which may very well have led to the leaks of two landmark rulings. joining us now is democratic senator, sheldon whitehouse, chair of the senate judiciary subcommittee on federal courts'oversight, agency, action, and federal rights. senator, it is so good to see you. thank you for being here. we have been covering the story repeatedly because i find it totally outrageous. you are calling for some former infrastructure to oversee the court ethically. is that even possible? >> yes it is. the courts could do it itself. and if they don't, then chairman johnson and i have proposed a piece of legislation that would bring in some of the essential ethics, and recusal, and transparency requirements that we need. this is a triple whammy of a
9:51 pm
problem for the court. the first is the leak of the hobby lobby decision i have time. to mr. schenck. however he got it, he clearly knew in advance the outcome of that decision. second is the campaign behind it. $30 million spent to wine and dine and influence justices, which the court doesn't see to be a problem. doesn't see to be a problem at all. and then the third piece is the courts apparent complete inability to exercise any authority to look at itself. that is probably the old problem that they simply don't have a process, or procedure, for looking at their own ethics problems. >> i think it shocked most people when you tell them that supreme court justices are not obligated to include expensive gifts, or meals, or vacations, or to specify items of personal hospitality in their financial disclosures. how is that possible?
9:52 pm
>> it is obviously wrong, it's obviously completely different from the way the executive branch officials who have to report gives it hospitalities, and legislative branch officials, and even the court judicial officials, left report the same. all behave. and it seems -- to trick on the supreme court. that they have a personal invitation. that is personal hospitality. even if they have no personal relationship with the person doing the inviting. and we discovered, for instance, the justice scalia took on 80 hunting trips. paid for almost entirely by others, and in then disclose
9:53 pm
didn't disclose anything because of the trips they'd have the owner of the resort invite justice scalia. even if they had never met. and then pretend that that was a personal hospitality. if he was visiting his children, or his brother-in-law, we're gonna family trip. >> it is shocking given that these people are supposed to be the arbiters of justice. and ethics. and morality. so much so that very little thought is given to the oversight of justice, morality, an ethics. you know the house judiciary committee -- the things that a court looks at in its regular day, all the time, was their independence? was there a fair process? was it inquiry made and what was the result? the court can't answer those basic positions but this up because it has no inquiry, it has no process, it produces no results, and there is no independent. those are all things that are fatal and the kind of things of the court ordinary looks at and it would apply those basic standard to itself as a comprehensible. >> one more question for you. that judiciary committee is holding a hearing next week on
9:54 pm
the scandal. what of the senate?, we know the house about hundred public enhance. what do expect your colleagues in the senate? >> chairman durbin of authority announce -- the full committee level until he decides what he cares to do. but chairman johnson, and i, and i respect of courts subcommittee have been working in a very collegial, very effective bicameral fashion. and we are going to continue. >> all right, senator durbin, we're watching. democratic senator, sheldon whitehouse. thank you as always for your time. thanks, senator. >> my pleasure. >> we'll be right back. try vicks vapostick. nicorette knows, quitting smoking is freaking hard. you get advice like: just stop. go for a run. go for 10 runs! run a marathon. instead, start small.
9:55 pm
with nicorette. which can lead to something big. start stopping with nicorette. want your clothes to smell freshly washed all day without heavy perfumes? try downy light in-wash freshness boosters. it has long-lasting light scent, no heavy perfumes, and no dyes. finally, a light scent that lasts all day. downy light! part of the officials that give
9:56 pm
9:57 pm
9:58 pm
9:59 pm
different president, >> -- a man and a woman. it is a love story that president biden and the first lady saw on a first date. if you don't remember the film there is a chance you might remember it's signature tune. ♪ ♪ ♪ ♪ ♪ ♪ i remember it.
10:00 pm
the bidens gift to them across included some american vinyl. although we don't have the reporting on what the albums were as of yet, but for the record, this whole tradition of world leaders trading vinyl is something we can all really get behind and not just because it is genuinely awesome, a because it serves the goal of diplomacy. a whole lot better than say weirdly and less and hostile handshakes, and endless three-way handshakes before just devolving into nothingness. no one needs to do that again. ever. ever. that does it for us tonight, we will see you again tomorrow. now it's time for the last word with lawrence o'donnell. good evening, lawrence. >> good evening, would you have guessed joe biden's first date movie? >> never. we didn't have time to get scranton joe going to see french cinema on its first te

93 Views

info Stream Only

Uploaded by TV Archive on