did i say something salty? oh! i'm supposed to be a fearless hero. a legend. you're puss in boots? normally i have a sword. okay? legend tells if i wish a star. i need that wish to get my life back. you're a pirate now? it's like a possum crawled on your face and died. please, mock me quietly. right now on "andrea mitchell reports," 51/49, raphael warnock winning his second senate runoff in two years to give chuck schumer and senate democrats a stronger hold on the majority. >> it is my honor to utter the four most powerful words ever spoken in a democracy.

the people have spoken. [ cheers and applause ] also this hour, the next steps from new york prosecutors after a sweeping legal victory against the trump organization in its tax fraud case. and the reaction from the former president. i will speak to a ukrainian nobel peace prize winner about the impact of russian war crimes on tens of thousands of ukrainians as they prepare for a brutal winter. good day, everyone. i'm andrea mitchell in washington. warnock's win is a big loss for donald trump, most of whose candidates lost during the mid-terms.

joining me now, steve kornacki and vaughan hillyard and mark murray with me in washington. steve, take us through how senator warnock improved his showing in some key areas of the state compared to november, while walker did worse than expected in republican strongholds. >> yeah. i think this is the key. two ways of looking at this. start with the core democratic area, which is the atlanta metro area. warnock had done very well there in november. remember, statewide in november, he finished almost a point ahead of herschel walker. reason why he finished ahead in november was metro atlanta. one of the things he wanted to do was do what he did in metro atlanta and maybe a little better this time around, and you can see warnock did that. cobb county, for example, warnock ends up with 59.5% of the vote. i think what's most striking, that's a three-point jump from how he did back in november.

in fact, if you take a look here at the margin -- the margin of victory that warnock got out of cobb county, if you look back in november, the difference is 51,000 votes. now look at the difference last night, that's closer to -- that's about 53,000 votes. this is really striking. there were overall turnover in georgia was lower yesterday than yesterday. runoff turnout tends to be lower than again election turnout. yet, warnock got a bigger plurality, 53,000 vote plurality than he got in the november election. he improved not just his share of the vote but he improved his plurality in a big, major core democratic county. walker -- excuse me, warnock succeeds in doing that in the democratic areas. then you look at a core republican area. we will go to the biggest,

cherokee county. produces more votes for republicans than any other county in georgia. walker wins it last night. again, let's do the same thing. let's compare to november. in november, walker got a plurality of about 46,000 votes out of cherokee county. last night, it was 39,000. it was less. he went down. he still won the county, but he didn't -- what we just showed you happening in the democratic areas was not being countered by walker in the republican areas. he wasn't getting the kind of plurality out of cherokee he got in november. what he got in november wasn't even enough. he needed to get at least that and more. i think what it speaks to is the democrats got strong turnout, strong support, especially in the metro atlanta area. republicans, one thing missing, i think there were a lot of republicans who had voted for brian kemp in november, didn't vote for walker back in november. a lot of those republicans, looks like they stayed home. >> staying home. vaughan, herschel walker was one of many trump-backed primary

candidates who cost republicans the majority in the senate. >> reporter: right. even just look at these results compared to the runoff two years ago. if you take cobb county where steve laid out a 19 percentage point win for warnock. two years ago warnock won that county by just over 16 percentage points. he actually built on, in a year not supposed to be a good year for democrats, built on the margin that he performed with just two years ago. as for herschel walker, this is a candidate who was drafted by donald trump. he was thrown into the limelight, moved from texas just over a year ago, changed his voter registration from texas to georgia so he could run for this u.s. senate seat. despite already known allegations against him, including from his own wife back in 2008 who alleged that he held up a gun to her head and threatened to kill her. they decided to move forward with him as the gop nominee. what are the consequences of it? what you saw with other

trump-backed candidates who played to the far right ideologies of the republican party. the foe outrage at the core of their candidacies from kari lake to mehmet oz and herschel walker. this is the bookend to what was a very difficult end for these republicans who decided to walk in lockstep with donald trump. >> mark, the big takeaways here are for republican lawmakers that the candidate quality really matters. donald trump drags them down with his personal choices. early work -- we saw it in pennsylvania with the fetterman organization. even more so in georgia. five years of what stacey abrams and her organization had done. grass-roots organizing made a big difference. >> in close races like last night, everything ends up mattering. what was interesting, when

donald trump was picking candidates like herschel walker, as vaughan was talking about, mehmet oz or kari lake, the question wasn't, who is best suited to win, who could beat a democrat like raphael warnock or mark kelly, it wasn't asking those questions but, will you deny the results of the 2020 election, will you be beholden to me? those are two completely different things. the politics before trump that i have known and you have known is when you try to pick a candidate, is this person the right fit? can they win? can they raise money? those considerations weren't first and foremost. when we talk about the penalty that a lot of the donald trump-backed candidates end up having, it was that. they weren't chosen because they were the best fund-raisers or organizers or had the best recognition in their own state. they were chosen because they were beholden to donald trump. that turned out to be in a lot of the contests a losing quality. >> herschel walker is probably the extreme example of that. you could also say mehmet oz but

more so he had celebrity, huge celebrity in georgia. could not be -- that could not offset the lack of qualification. >> yeah. celebrity does matter. think about governor arnold schwarzenegger, even mark kelly. but are they good fits? that wasn't the question donald trump was asking when he was looking for these candidates. >> it all gets back to tip o'neill. joining us now, gary pieters, chairman of the democratic senatorial committee. take a victory lap. the committees don't have to be evenly divided. i don't have to tell you. house republicans forecasting a flood of subpoenas as they take control against the biden cabinet, biden family. does this mean senate committees, led by democrats, can issue subpoenas and pursue

their own investigations? >> it does. it's a big deal to have 51. it makes a huge difference on the individual committees. i chair, in addition to the docc, which i shared over the last two years, i chair senate homeland security and government affairs. we oversee the department of homeland security. this will mean so many of the nominations the president puts forward, which sometimes can be controversial with my republican colleagues, now i can pass them because i will have an extra member, a democrat on my committee. we will be able to move things more efficiently. you will see that in terms of judges and other critical cabinet positions and positions within the federal government. my committee is the top oversight committee for the u.s. senate with very broad investigation powers. we also have the permanent sub did the committee of investigations within my committee. certainly, have the opportunity with the subpoena power to continue to conduct the investigations we have had in the past but do them more effectively. >> might you take some of the

evidence collected by the january 6 committee, which goes out of business in the first days of january when the house is taken over? can you pick up that ball and run with it? >> well, we're taking a look right now at what we plan to do over the next two years. that's been a work in progress. we are engaged in a number of investigations. today i'm putting out my report on the pandemic response, what we saw particularly in the first three or four months, as the pandemic hit the united states and how we were woefully unprepared and some of the mistakes that were made at that time. so we are focusing on that report this week. certainly, we are thinking very comprehensively as to what we will pursue over the next two years. we'll be announcing that shortly. >> let me follow up. if you are putting that out today, were these mistakes made by cdc or more importantly by the trump white house or other agencies? >> well, it's actually -- it's comprehensive. there's a lot of problems.

we were just simply unprepared to deal with the pandemic. a big part of that was that we underinvested in public health, the kind of surveillance and ability to act very quickly when it became apparent that we had a pathogen that was spreading and spreading very quickly. we outline in the report a number of problems from the lack of testing that was not available until the cdc was able to get new testing, get it out in the field to be able to track that. there were certainly communication issues. you bring up the trump administration. it was difficult to communicate when they started taking over communications. critical public health information was not getting out to folks like it should have. there were supply chain issues. clearly, we had outsourced far too much of our critical medical supplies from personal protection equipment to just basic medical supplies. we need to make sure we are producing those materials here in the country. in fact, i put out a report back

in 2019 that showed persistent shortages of critical drugs. in that 2019 report that i put out, i concluded when there is a pandemic, the united states will find itself in a precarious situation. six months after that report was out, we were in a pandemic. it wasn't an academic report. it was real. now this report picks up further to see exactly what we did not do, what we need to do and the kinds of changes in policy that we need to be sure we put this place now. we can't let these lessons learned not lead to concrete policy fixes. >> that gives us a really good idea of what your committee is going to be doing as you chair it now that you have a working majority and not just a 50/50 split. want to ask you quickly getting back to politics, how important is georgia given the very tough election map, the senate map you are facing two years from now, especially west virginia, montana, ohio, very tough states to hold on to?

>> they are. i'm just so excited. this is a great day. so excited with senator warnock's victory. he is an amazing candidate, but even more importantly, he is just an amazing human being and an individual. we saw just such a clear contrast between the two candidates in georgia, and it's great to see that victory. really, i think that kind of explains our success. this is historic. the fact that we held the majority and actually expanded our majority is something that hasn't happened in decades. it's historic. i say it's primaily because of the great quality of our candidates. candidates do matter. they were running against very extreme folks who are simply not qualified to be senators and folks in those battleground states recognized. they ran effective campaigns. we invested historic amounts in our ground and field operation. that made a difference. >> we should do a shoutout to

stacey abrams. she spent five years working on grass-roots in georgia. >> absolutely. you can't do a field operation in the last three months of an election or the summer. you have to invest constantly. making sure you are reaching out and talking to folks. of course, it became incredibly important in a runoff election when people are not used to voting in december, just for folks to know exactly how they make sure that their voice is heard. it was a monumental effort. with stacey abrams laying the groundwork gave us a great head start. senator warnock has been running constantly, built an amazing organization. i just do want to did a shoutout, the thousands of people who are making calls and knocking on doors and getting involved, they need to share in this victory. they were heroes. they made a difference in this democracy. it just shows what volunteer action can do. it can win elections and can

clearly protect the future of our democracy as well. >> senator, thank you very much. thanks for joining us today. >> thank you. >> the day after a very big victory. guilty. the trump organization convicted on all 17 charges of tax crimes. how that plus the new legal troubles swirling around donald trump on other levels himself is going to impact his bid for the presidency. this is "andrea mitchell reports." you are watching msnbc. u arwae c

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the trump organization was convicted of multiple crimes in a new york city courtroom tuesday. found guilty on all 17 counts in a scheme to avoid paying taxes on perks like luxury cars and apartments dating back to 2005. former cfo, the chief financial officer, allen weisselberg testified as part of a guilty plea to avoid a longer jail term. the former president was not on trial. the company does face a $1.6 million fine. the manhattan d.a., whose office prosecuted the case, spoke to ari last night. >> we have the organization being convicted, criminal conviction in contrast to prior civil matters. this was a case about cheating, lying, greed. >> why does it not lead to charging donald trump himself? >> the investigation is ongoing.

>> the investigation is ongoing. joining me now, phil rucker, suzann craig of the "new york times," and andrew weissmann, former fbi general council. andrew, what the d.a. said about it's an ongoing investigation in answer to why isn't donald trump himself a target, what do you infer from that? >> well, for many months, when d.a. bragg said that, particularly after the two top prosecutors on the trump investigation left the office shortly after the d.a. started, when he said the investigation was ongoing, i think a lot of people, including myself, somewhat skovscoffed at that an thought, technically it's true, but does it mean anything? i think with this verdict, with

the bringing on of the senior doj and new york attorney general prosecutor, i think that there are more people looking at the manhattan district attorney's office saying that this chapter may not be over, that there still may be more to come. particularly, i would be focusing on what might happen to the cfo who you referred to. because he is about to get sentenced. it will be really interesting to see whether additional charges are brought against him to really have him flip and cooperate, in which he has not been required to do. whether the manhattan d.a.'s office will take the position that he was truthful in his testimony at this trial. so there are a lot of other shoes that could potentially drop here. >> suzann, you did so much reporting on this. what are your takeaways from this conviction?

>> i think that it's -- i do think it's going to put wind in the sails of other people now that are looking at this, other investigators. when you look at the manhattan d.a. in particular is well positioned to continue to dig into this, in large part because they have his tax return information, which they can now compare and start to look for fraud, because they have so many other pieces. they have general ledgers, financial statements, emails, so many pieces to put together to continue this investigation and not just into the type of fraud that we saw in the trump organization trial that just concluded with the tax fraud but other areas that they could look at. >> house democrats no longer are going to be in leadership, but they have the tax records as well. phil, what is donald trump's reaction so far?

>> well, andrea, we heard from a spokesperson for the trump organization last night who said that this was preposterous and indicated that the trump organization would be appealing the decision. the former president himself has clearly been rattled by this development and frankly by the encroaching investigations on a number of fronts. you mentioned just now that the house democrats now have access to his tax returns over many years. remember, donald trump spent years trying to keep the public and keep investigators from being able to have access to those documents. he clearly does not want them in the hands of house democrats and is clearly very concerned about where that probe could go. in addition to that, there are the federal investigations into his handling of classified documents at mar-a-lago and into his role in the fake elector scheme and the aftermath of the 2020 election, all of these

avenues create some political and legal jeopardy for the former president as he launches his new presidential campaign. >> indeed. andrew, i want to pick up on that. your reaction to the expansion of the probe into the fake electors by the special counsel, jack smith, he is now -- he had subpoenas in officials in the key states in counties in michigan, wisconsin, pennsylvania. how important is that? >> i think there's good news and bad news. the bad news is, two years after the so-called fake elector scheme started, we are finally seeing the sort of very robust detailed grand jury reports. on the good news front, this shows for people concerned that jack smith was going to somehow slow things down and there would be sort of a slow period for him to ramp up, they really don't know jack smith. he is very, very tenacious and

very fast. these are the kinds of subpoenas i would expect to see a lot of going forward. they are very thorough, very detailed. unlike the prior ones, they actually name donald trump himself as wanting documents concerning him specifically. >> phil, i also want to -- on a separate subject -- ask you about capitol hill, january 6 committee wrapping up, working on those criminal referrals to the doj, which will then put it in the hands of merrick garland and jack smith, ultimately merrick garland. there was the medal ceremony for the officers on capitol hill. the family of fallen officer brian sicknick snubbing republican leaders, refusing to shake their hands. sicknick suffered a stroke and tragically died after the attack. listen to what his mother and brother had to say afterwards to reporters. reporters.

. >> you don't think they deserved a handshake? >> no. >> the sicknick family saying they deliberately -- the senator mcconnell put out his hand and they wouldn't shake their hands at a congressional medal ceremony, saying because they have not abandoned donald trump. >> yeah. you have to wonder if this moment would have happened had senator mcconnell voted to convict trump in the second impeachment trial after january 6 or, for example, had leader mccarthy not flown down so soon after january 6th to mar-a-lago to effectively kiss the ring and make up with donald trump. clearly, the sicknick family is reacting and is repulsed by the actions of these republican leaders who have failed to stand up to trump, even after the attack on the capitol on january

6th. you have to wonder how deep those feelings are within the capitol police force. this is hundreds of officers who are -- have the sworn duty of protecting republican leaders who, in turn, are not standing up to donald trump. >> phil, suzann, andrew, thanks so much to all of you. the single darkest day. barack obama remembering sandy hook school shooting ten years later. the anniversary is next week. lamenting the lack of congressional action to curb gub gun violence. chris murphy joining us on that. this is "andrea mitchell reports" on msnbc.

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former president obama marking the approaching tenth anniversary of the shooting at sandy hook elementary, connecticut, last night, calling the massacre the most bitter disappointment of his presidency because of a lack in change of gun policy. >> i will admit it. i still get angry every time i

read about the latest senseless shooting, whether it's in a church or a synagogue, in a grocery store or on a college campus or in a home or on a city street. i still feel anger. and i hope you do, too. >> joining me now, chris murphy, who serves on the appropriations and foreign relations committees and, of course, so closely connected and identified with the gun law that was passed this year and with the sandy hook families who were the hosts of last night's event, sandy hook promise. senator, sandy hook happened right after you were elected to the senate. you have dedicated yourself to fighting gun violence. i'm going to ask you about the defense appropriation -- rather, the authorization bill. i just wanted to ask you about there last night. we all remember barack obama, he

was crying in the press room that day over the loss of those children. when is it ever going to be time to do something more? you have done as much as anyone could do in a bipartisan fashion. now that you have 51 votes, will it be any easier? >> i mean, i remember barack obama being in new town the weekend after the tragedy. we all gathered at the high school. the event, which was televised nationally, ended up starting, i think, almost an hour or two late because president obama spent time with every single family and made sure that their voices were heard by the president of the united states. we all thought that everything was going to change. we thought the country was going to wake up and change our gun laws. that's not what happened. president obama figured out what i figured out soon thereafter, that we had to build an anti-gun violence movement that would be as strong if not stronger than

the gun industry. that has happened. today, the anti-gun violence movement, sandy hook promise is part of that, is stronger than the gun industry. that's why this summer we were able to pass the first significant legislation changing our gun laws in 30 years. i just got a briefing from the fbi a week ago. they showed me lives that have been saved by that law as it's being implemented. 51 votes in the senate certainly helps. ultimately, we will need a few more elections to bring some more gun sense champions to the house and to the senate. next year we will be at it trying to pass things. we will change the laws to try to align those laws with where the american people want our gun laws to be. >> thank you for that. your analysis so important. you have part of every compromise so far. i want to ask you about the

final version of the defense authorization bill released by the house, because it rescinds the mandatory covid-19 vaccine for the military, which was opposed by some conservative republican senators, largely. they say it's hurting getting the volunteer army geared up. but there are so many vaccine requirements. they serve in close quarters. we saw what happened when covid went through the carrier. they couldn't -- they had to stop operations in the far east. how do you justify this? should the president sign it? >> well, the first question is going to be whether it has the votes in the house and the senate. this is an enormous bill. i'm reviewing it as we speak. i'm very disappointed by this provision. we still have 250 plus people dying every day in this country from covid. as you mentioned, we have always

required vaccinations to be part of the u.s. military, going back to george washington who was concerned about smallpox breaking out in the military. we have had vaccination policy. the damage here is not just to the health and safety of the military. it's to the public. as this attack on vaccinations continues to build legitimacy, finds its way into major public policy acts, then it's going to be harder to hold together all of the other vaccination requirements we have in this country. all of a sudden, we're going to start moving backwards in terms of the number of polio and measles and rubella vaccinations. we will have outbreaks in the schools once again. this is a big bill. we will have to make a tough decision about how we vote. i'm worried about this attack on vaccines and public policy.

it's ultimately about our kids. this could get worse for our kids very, very quickly. >> speaking of ukraine also, there have been strikes the last couple of days into russia, within russia. ukraine is not taking responsibility. nobody is saying who has done it. it would seem likely that it was from ukraine. secretary of state says the u.s. has neither encouraged nor enabled ukraine to carry out attacks inside russia. do you see this as a shift and is ukraine pushing the envelope if it is ukraine? >> i haven't been briefed on those attacks. i have no information to share as to who is responsible. as you mentioned, our policy is clear. we have been very willing, enthusiastic in supporting ukraine's defense of its own

territory. we have made clear to the russians that there are lines the united states is not going to cross right now. we're not sending our own troops into ukraine. we are not providing encouragement to ukraine to launch attacks into russia. this is a war. i think it is at some level hard to expect ukraine to fight it with one hand tied behind their back. i don't know if these attacks are the responsibility -- it should be attributed to the ukrainians. what i know is war often happens on both sides of borders. >> senator chris murphy, thank you so much. appreciate it. >> thank you. china today bracing for a possible covid spike after easing its strict zero covid policy. the government's aboutface after protests demanding an end to the restrictions. here in the u.s., flu and covid cases are climbing as the nation gets into the holiday season. in an interview with lester holt, dr. fauci called the

political divisiveness over vaccines disturbing. and spoke about his heated exchange during congressional hearings on covid. >> you got angry at times in some of the congressional hearings when you were personally attacked. do you have any regrets about the way that you handled that? >> i think 99.9% of the time i have been my usual self, which is very calm and measured. the only time i really got upset was when senator paul totally inappropriately on national tv, that was following that hearing, accused me of being responsible for the death of 5 million people. now, with all due respect, i'm not going to take that from anybody, including a senator. that was the one time that i felt -- i got upset and probably should not have. but i think that's the only time that i really did that. i don't mind oversight at all.

i think oversight is a productive part of the process. but when you start off by, you know, being accusatory and making that, you can't let that go unanswered. >> you can watch more of the interview tonight on "nbc nightly news." dr. fauci will join us here on our program next week. deep impact. arguments before the supreme court today could dramatically change the way elections are decided in america. this is "andrea mitchell reports" on msnbc. you can't always avoid migraine triggers like your next period. qulipta® can help prevent migraines. you can't always prevent what's going on outside...

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the supreme court is hearing arguments about a fringe legal theory that could give republican legislatures the right to overturn state election results. julia ainsley is outside the court and joins us now.

this case has to do with gerrymandering, voting laws, who has the final say. explain. >> reporter: that's right. it's going on behind me right now. we are hearing from opponents of this north carolina theory really. it's the independent state legislature theory that republicans in north carolina have hung their hat on, saying it's their legislature, not the courts, that have the right to do redistricting. that could apply to voting laws and how you vote. it could have wide ranging consequences. it says it's the legislatures, not governors and not the courts in those states, who will decide how people can vote. that is a pretty extreme interpretation of the election clause. it's an interpretation that we know that justices alito and thomas and gorsuch have agreed to. it came before them before mid-terms when they said they would block north carolina and allow the court to throw out their redistricting map.

that was just on a preliminary stay. this is now on the merits now. we are listening to amy coney barrett and to opinions from the left, including from justice kagan. here is what she had to say earlier today. >> reporter: so you can see here just as justice kagan points out, there's so much writing on

this. what started as a fringe theory has now moved into more prominence inside conserative legal circles. it would allow those who win to be in control. even if democrats were to control a state legislature, they would then be able to draw districting maps and make rules that could benefit their party. you wouldn't have the check of a court. this is a really consequential case. that's why so many people are watching it today. >> julia ainsley, thank you so much. coming up in our next hour, chris jansing will have more about the arguments before the supreme court that are still going on. we will talk with governor roy cooper. the white house is focusing on fighting anti-semitism after a surge in rhetoric across the country. during a roundtable this morning, a meeting in the executive office building, administration officials said jewish leaders, second gentleman and others, saying the u.s. is facing an epidemic of hate. >> we must all -- all of us

cannot stay silent. and there is no either/or on this, there's no both sides on this one. there's only one side. everyone, all of us, must be against this. >> the issue is personal for the second gentleman. he is the first jewish spouse of a president or vice president. they want to create a national group against hate. a new u.n. report shining a light on how ukrainians feel the force of russian attacks. we will talk to this year's nobel peace prize winner next on "andrea mitchell reports." bel pn "andrea mitchell reports."

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welcome back. today "time" magazine named volodymyr zelenskyy and the spirit of ukraine as the person of the year. the editor in chief writing that whether the battle fills with hope or fear, the world marched to zelenskyy's beat. this as russia continues to

pound ukraine targeting its infrastructure and knocking out power and water. joining us now is a human rights lawyer and the chair of the center for civil liberties in ukraine. this saturday her organization is going to be one of three receiing nobel peace prize in norway. first, congratulations to you and your organization. what you're doing to document the war crimes is so important to ukraine, to humanity. do you think that russia will ever pay the price for what it is doing? >> i have no doubt. because for the kids, russian troops committed war crimes in georgia, in syria, in libya, in other countries of the world. they have never been punished for this. and they start to think they can do whatever they want.

>> do you think vladimir putin will be held accountable? >> if he will be alive, he will face international court. as we know from the history, a lot of leaders think themselves untouchable, but they will appear under the justice. >> you have been documenting the war crimes. first of all, how difficult is it in a combat zone, the whole country is in a combat zone because of how they have been targeting civilian areas. the not just military. how do you document the war crimes? >> it's difficult because we're this a war. and during the war, because we face us paren dented level of war crimes, which we face with unprecedented level of pain. we document no just. we document pure human pain. when russian troops objects to

commit rapes, murders, abductions and other events, and we do it in order to hold other senior political leadership and high military command accountable. >> we saw some of the other places, people with their hands tied behind their backs and shot through the head. or can can these be cat groied by the enormity of the casualties? >> russia uses war crimes as a method of warfare. it's ab attempt to break resistance.

civilians torture and with murder and rape, yesterday we had a funeral of children. he was killed in kharkiv region. he was buried in a mass grave. only recently relatives identified the body. >> is your organization also trying to identify victims through dna and other ways of trying to connect people to thundershower families? >> we as ukraine need assistance, a different specialist that can work on dna identification. >> and the targeting of the infrastructure, u.s. officials have described that as war crimes. the electric power grid.

>> when we speak about it, it's a very clear policy. because russia publicly discussed how battered civil infrastructure and deprive ukrainians from water, heat, electricity, light, internet connection, et cetera during the winter. this is a clear attack. we have to call the things what they name ask ask united states of america to provide russia the status of country sponsor of terrorism. >> which they have not done. congratulations on all these horrible reasons, but for your service. congratulations on the nobel prize. it will lead to hr attention on what russia is doing. as will the "time" magazine designation. sdwl thank you. you're leaving today to go

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