fox news, you know? nothing. >> peter beinart, thank you. that is all in on this tuesday night. alex wagner tonight starts right now. good evening, alex. >> can't even get a show on fox news says a lot. >> mike pompeo, to be clear, couldn't hack it as a part-time stronger for washington post. >> yes. >> so, yeah. >> part-time stringer for the washington post is not an easy gig. , even if it wasn't easy, go not sure mike pompeo could do it. all right, thanks, chris, as always, and thank you, peter. althanks to all of you at home for joining us. we have a lot to get to tonight. i want to start on december 14th, 2020. a day we should not particularly remember. it was supposed to be a routine day, a boring day, for state electors across the country, as they officially cast their presidential votes. as we know very well, that was not the case in seven states, including the state of georgia. >> democratic party electors met right up there in the senate chambers.

they are official, certified, and voted for joe biden. georgia republicans, they met at exactly the same time right behind those closed doors. they are not official, not certified, they still met, they chose donald trump, they say to keep his lawsuit alive. >> even as democratic party electors were meeting in the georgia state senate for the first time in 28 years to select a democratic president and vice president, one floor below, at the state capitol, georgia republicans were convening their own meeting to select their own electors who voted for donald trump. >> the 16 fake trump electors from georgia meeting in the state capital, fraudulently. that scheme, in addition to catching the attention of the department of justice, it also caught the attention of one prosecutor in georgia, her name is fani willis. she is the fulton county district attorney in atlanta. miss willis was one month into the job when she announced that she was opening an investigation into the multipronged effort to subvert georgia's election results. ahead of the republican

national committee, we're gonna testify to the january six committee that, in mid december of 2020, president trump asked for her help with the fake electors plot. that points to not only trump's knowledge of the scheme, but also his direct involvement in it. another bombshell piece of evidence that also caught the attention of the dea? the infamous january 2021 phone call between donald trump and georgia's secretary of state, brad raffensperger. >> so, look, all i want to do is this. i just want to find 11,780 votes, which is one more than we have, because we won the state, and flipping the state is a great testament to our country. >> i don't think you can overstate the importance of that call in terms of the evidence that fani willis is dealing with. she has, on tape, the sitting president of the united states

calling the elections chief in a swing state that he lost, asking that official to find exact number of votes, 11, 780, that would flip the results in his favor. that is too severely understated, that is not good. trump, today, for reasons we will get into in a moment, said that call was a perfect call, in all caps, not once, not twice, but three times. in addition to calling in pressuring the georgia secretary of state to overturn the election, trump also did the same with the georgia governor brian kemp, and with the state investigator, and georgia secretary of state's office. trump basically forced the u.s. attorney in atlanta to resign for not doing his bidding for him. now, back when she launched the investigation in february of 2021, fulton county a funny willis said the investigation was looking into violations of georgia law, pertaining to prohibiting this solicitation of election fraud, making a false statements to state and local governmental bodies,

conspiracy, racketeering, violation of oath of office, and any involvement in violence or threats related to the elections administration. we soon learned miss willis was leaving no stone unturned in this investigation, and in addition to investigating trump, we would learn that those 16 fake trump electors were officially targets of criminal investigation. trump's unhinged lawyer, rudy giuliani, who went down to atlanta in december of 2020 and spread election conspiracies to georgia lawmakers in the state legislature, including telling them they could and should appoint their own slate of trump electors, we find out mr. giuliani as well is a target of miss willis's investigation. last year, the ableist ratcheted up the investigation by requesting that a special grand jury investigate the case. a special grand jury unlike a regular grand jury, has no automatic expiration date. it can focus solely on one case.

it does not directly issue indictments, jurors study the evidence and present their conclusions, and they can make a recommendation to the district attorney about seeking charges. the panelist seeded eight months ago. several trump allies were ordered to testify before the panel by the courts, including the supreme court, which weight and rejected senator lindsey graham's efforts to defy a special grand jury subpoena for his testimony. that panel finished its work a mere two weeks ago, including its final product. a report for dea willis, laying out its investigation under recommendation as to next steps. s investigation unde recoas far as the contents of tt report being released to the public, that was a subject of a court hearing today in atlanta, where the district attorney made her position clear. >> we want to make sure that everybody is treated fairly, and we think, for future defendants, to be treated

fairly, it's not appropriate, at this time, to have this report released. in the interest of justice, and the rights of, not the state, but others, we are asking that the report not be released because you haven't seen that report. decisions are imminent. >> that was the back of funny willis's had, but you can see and hear their, what she is saying, is this, she's saying the word defendants, plural, and she is saying charging decisions are imminent. the district attorney also revealed today the special grand jury heard from a grand total of 75 witnesses, 75, now, while that grand jury may have finished its work and delivered his final report, willis's office stressed today this remains an ongoing investigation and that release of the report right now would be, and their words, dangerous, because the dea has not weighed

in yet on whether or not to file criminal charges. attorney for a group of media organizations argued for the release of their report to be made public, saying public faith and the judicial system demanded the reports release. fulton county judge overseeing the case said he would not be making any rash decisions, and not rule today on whether or not to release the report, so, while we do not have eyes on this special grand jury's findings, just yet, what was made ever more clear today, it is that this investigation is of tremendous breadth and magnitude. it is ongoing. there are, potentially, multiple defendants, and decisions regarding an indictment, or indictments, plural. those decisions are imminent. joining us now, our when keys flamingo, modest attorney into cobb county, which is right next to fulton county, in georgia, and barbara mcquade, former u.s. attorney for the eastern district of michigan, and a professor at the university of michigan law

school. great to see you both. thank you for joining me. gwen, let me start with you. just in terms of the things we learned today, sending the report itself inside, and when that may or may not become public, the word dangerous, we've got really stuck on that when we were discussing this as we came to air with the story. why do you think the d.a.'s office is characterizing a potential release of the report as dangerous. what does that say to you? >> i could surmise she has witnesses at this point she's trying to protect, not just defendants whose rights she's also trying to protect. she wants to ensure that, as possible witnesses are named in the report, that they would be available and healthy for trial. so, that is, obviously, any prosecutors number one concern, ensuring that the case can proceed with the relevant facts, and you need to have your appropriate witnesses to be able to do that.

>> barb, when we talk about the number of witnesses here, or the number of people that have testified, i'm not a legal expert, but somebody five seemed like a lot. how did you read that when you heard that statistic? >> it does seem like a lot, but what i hear when i hear number like that, is she's done a thorough job. i think, in a case like this, with a lot of different tentacles, different aspects of this case, the fake electors scheme, the statements to the georgia legislature, the harassment of poll workers, the tampering with voting machines, all those different things have a lot of components to them. to do a thorough job, you need to talk to a lot of people. one of the things that is challenging we are conducting a grand jury investigation, you think you have one more, witness and you talk to that witness, and they tell you about five more people you realize you need to talk to. the never-ending layers, skins of an onion. 75 is certainly a big number. in a state where the facts are

relatively confined in contrast to the federal investigation, which involves a number of different states, 75 strikes me as a big number, a lot of hard work, but a thorough effort to find out what happened here. >> of course, it's an ongoing investigation. gwen, i know you are part of a brookings institution paper that basically looked at the georgia investigation and concluded a number of different charges that could be brought here. can you talk a little bit about how you are seeing this case and the outlines as we stand now, again, a lot of things to be determined, what do you think is most perilous, potentially, for our former president trump, for example? >> that report is based on what we knew in the public realm. as you started, you indicated that it was very rare that we had this conversation on tape, and as a result of that conversation as well as a lot of the evidence that came to light through good reporting, my colleagues and i thought there was a substantially

likelihood of charges both under the election code for things like conspiracy to commit election fraud, violation of oath, or conspiracy to violate an oath of office, as well as you are more traditional criminal crimes, entitle 16 of the georgia codes, things like false statements, or forgery in the case of the alleged fake electors. we are still waiting to see whether fani and her team will pursue a rico indictment, which will allow her to encompass all of these crimes, or the ones that relate to the predicate acts under the statute, the predicate crimes, foundational crimes under the statute, and see what type of case she can build from there. >> can i follow on that, when you talk about rico charges, that something she's used before to prosecute a number of atlanta area musicians, rappers, which is its own sort of georgia thing that has been litigated in the public court of public opinion, but that's something she is comfortable using, glenn. in terms of the ease of

bringing a charge like that at the state level, is there a meaningful difference between pursuing charges at the federal level versus a state level on a more circumscribed case like this? >> yes, the georgia rico statute is much more broad and more favorable to prosecutors, someone are you. it allows her to tell the whole story. you're right, funny has her own personal experience trying rico, from the time that she took over as the dea, but also in her prior career as an assistant dea. she has others on her team, like john floyd, who really wrote the treatise on rico in georgia as well as some other states. that's one of the big questions we are waiting to see, how she is going to use these resources and experience in this particular matter. >> barb, it's meaningful attorneys for former president trump did not participate in today's hearing.

they claim the grand jury listened to dozens of high-ranking officials during the investigation, but never found it important to speak with the president, therefore they didn't need to be in the courtroom today. do you think that was foolish legal calculation? how much at-risk do you think the president is in all of this? >> i think it's probably as much a political decision as a legal decision. he was not a witness, and it could very well be that a judge would not have heard from him anyway since he doesn't have a official stake in it. rather than risk losing political points when it may not have made a difference anyway, they likely calculated that it wasn't worthwhile to make a decision here. no doubt, all roads points to trump in this case. that phone call, for one, that we've all heard, but that's not all there is. there is, you know, we've heard many of these other witnesses who testified could be part of a conspiracy, could be part of a number of other crimes.

i think you should be very worried about whether he, himself, is charged in this case. it could be that charges go as serial fashion, she doesn't charge everybody at once, which would be another reason to keep this report secret. sometimes, you charge a certain lower little group of defendants in hopes of flipping them to get to the higher ups, several feeling this report would make that more difficult. no doubt, at the heart of all of, this if you've put your conspiracy together on a big chart, the person at the center of that chart is donald trump. >> yeah, i mean, trump's lawyers may not have been in the courtroom, but trump said was clearly in the courtroom. there were a series of france on truth social, i think we have those we could pull up, that basically detail, i wish i could read them from here, but my eyes are getting very, very old, effectively, he saying the call was perfect, there is nothing to see, hear no admonishment their, therefore he is without any guilt. we know now, barb, that, for

all of us, unfortunately being students of trump's behavior, that he often reveals his big tell, saying he doesn't care about something, when in fact, that's usually a sign he does people care about something, and in recent weeks, he's been tweeting a lot against georgia -- against, i should say, tweeting a lot about georgia election workers, samos, and ruby freeman, the georgia case is very much on his mind. when you think about all of this on the timeline, barb, january six investigation that the doj seems months away, if not years away from actually ending, to say nothing of actually bringing criminal charges. the georgia case seems very much to be on trump's doorstep, if you look at just the timeline. is that the correct way of thinking about these two things? >> that is if you like it as, well alex. you never know what's happening behind closed doors. you don't know what you might not know. but i heard fani willis say today in court, the word she used was that a decision is, eminent. so we know the special grand jury has completed its work.

so now all that's left, really, is for her to assess the evidence and decide whether further investigation is necessary and make a charging decision. we don't know where they are in the doj investigation, federally. but i agree with you. it does not feel like it's as close. and i think there's a good reason for that. part of it is she is dealing with just the activities in one state. whereas doj is dealing with activities and a number of states, national scope. i also think we have a lot more visibility into her case because she is required by statute to go to the courts to get subpoenas for witnesses who are out of state, and to get those orders. so we know all of the people who have testified before the grand jury in georgia, where if we don't have the same visibility at doj. maybe we will be surprising doj will be here with the indictment. but i don't think so. it seems like she's moving at a very good clip, that she's gonna make a decision very soon. and based on what she said today, and her very strong efforts to keep this quiet, it would surprise me if that ultimate decision is, oh, i've decided not to charge after all.

it seems like, in light of her words and her actions, the charges are eminent. >> gwen, let me ask you one more question. because i think a lot of us have been very impressed with the alacrity with with the dea has moved the individual she's been able to subpoena for a testimony. this is not the only state where a slate of fake electors were sent to undermine the principles of american democracy. we know there's i believe seven other states, arizona, michigan, nevada, new mexico, pennsylvania, wisconsin. do you think that this model, what the dea is doing down in fulton county could eventually be a model for other states that are looking to seek a criminal indictment for those actors that tried to send fake electors to washington? >> i think that depends on a couple of things. one, how the statutes are written in those states. remember, at least three of them, the facts are slightly different than what we have in georgia, where there was actual conditional language on the documents that they sent to the

archives. saying, we are the electors if it is found that the former president won the election. and so that goes to the element of intent, or lack of intent in those states. whereas in georgia, no such language was included on the documents. and, again, in georgia, we have this tape of the january 2nd call. we have information, at least public information, about conversations with the u.s. attorney, the sitting u.s. attorney, at the time. and him being asked to leave the office. we have statements, both public and, i presume, in the grand jury, under oath, about how the secretary of state in georgia felt about the pressure that was applied to him, both from the former president, as well as others during his call with senator grant. i think georgia is very unique. but i would leave it to the prosecutors in the other states to evaluate their own set of

evidence, and make their own decisions. >> we've talked a lot on the show and others about what is happening in the investigative level of congress, what's happening with the doj. but georgia, fulton county, georgia, could be the storm cloud on the horizon. in short order, for president trump's allies. regarding the stealing of an american election. gwen -- and barb mcquade, former u.s. attorney for the eastern district of michigan, thank you both for making the, time i really appreciate it. >> my pleasure. >> okay, we have much more ahead tonight. when we come back, classified documents found in the home of former vice president, mike pence. just months after former vice president mike pence denied having any documents in this home. national security lawyer, bradley moss joins us next to discuss. later, speaker kevin mccarthy announced tonight he will keep congressman and i'm schiff and eric swalwell of the intelligence committee. congressman swalwell joins us live to talk about all that. stay with us.

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find chick-fil-a bags all of the floor. but you're not gonna find -- >> no comment on lindsey graham's chick-fil-a bag disclosure today, but if recent history is a guide, the senator might want to double check his house for any classified information. here, former vice president, mike pence, here is a november.

>> let me ask you as we sit here in your home office in indiana. did you take any classified documents with you from the white house? >> i did not. >> do you see any reason for anyone to take classified documents with them leaving the white house? >> there would be no reason to have classified documents, particularly if they were in an unprotected area. >> today we got the news that last week a lawyer for former vice president pence found about a dozen documents marked as classified in pence's indiana home. the same home were just months earlier he gave that interview saying he did not take any classified documents with him from the white house. but as much as this is a story about former vice president, mike pence, it's also a story about the system our government uses to keep classified information safe. and how, clearly, part of that system is failing. it seems like it's just far too easy to leave the white house of classified documents.

and that, is yes, and potentially huge national security risk. here was the reaction of the chair in the vice chair of the senate intelligence committee this afternoon. >> we're surprised we even heard the former president mike pence also had documents in his possession, apparently? >> i kind of thought, holy heck. and i do wonder, you know, how many other former's? >> about the mike pence classified documents. i was wondering what your reaction was after you heard that news? >> what is going on around here is my reaction? >> that's a problem. that is a part of our government that needs to be examined and fixed. and that is one part of the story. the other part of the story's political. here is former vice president pence earlier this month. >> i think the biden paper should be dealt with precisely the same way that president trump's papers have been dealt with. and examined with the same for ernest carefulness. >> would you acknowledge these are not equal episodes? >> i would, say by, of the different degree.

but that in kind. >> republicans have spent weeks trying to pick biden documentary as identical to the trump document story. pence even put his emphasis on these incidents that being different in kind. but the emphasis here from what we know at this point, is that they are extremely different in degree. joining us now is bradley moss, the national security attorney whose represented federal officials, member of the military, and defense contractors in security clearance proceedings. mr. moss, thank you for joining us tonight. you may have classified documents. i may have some that i might not know about. that's highly, highly unlikely. but never say never, right? and the point would be, a, we have to shore up the ways in which we retain classified documents. but, b, it still does not resolve the very thorny legal problem former president trump seems to have. these are apples and that's a banana, or an orange, or whatever fruit metaphor you choose. can you talk to me about how you see the trump biden and

pence situations that both similar indifferent? >>. ,. ,,,. ,. , learn as we'll find out former president obama -- who know we'll find but we'll find in president clinton's -- biggest serious spillage issue in terms of these former constitutional officers when they depart and staff boxes things up, things are getting slipped in. presumably inadvertently. but they are getting slipped in and they are never supposed to be. there they were never was to be in mar-a-lago. they never should've been a president by the locations. and they never should've been it vice president pence's house in indiana. that is the larger systemwide issue. the more specific issue of

legalities, is we have two different paths. we have what donald trump. did -- donald trump associate records, and he played gained with the justice department. he obstructed, he was argumentative. he ultimately had more -- a declaration that had false information. that's why he got raided. on the other hand, we have, at least so far, we have what president biden for vice president pence have done, which is a former cooperative, please take these documents and get them the heck out of our house approach. returning it the way they are supposed to. so that is the difference between the, i don't want to get into any more trouble, and the donald trump, i'm going to see how far can push, this approach. that's why donald trump is facing real potential criminal liability and as far as i'm concerned, i bet you are not. >> and i think one of the problems here, at least in terms of the narrative, is that the attorney general, merrick garland, assigned a special prosecutor to the case, which gives the veneer to the --

equivalence to the biden document retention and the trump document retention. does he now have to assign a special counsel to pence? what do you think the threshold is at this point given the asymmetry of what biden did and what trump did as far as classified documents. is pence going to be roped into all of this as well? >> he might, but i don't think we're there yet. and here's why. part of the reason there was a special counsel assigned for donald trump was because donald trump finally declared his third run for the presidency. right, now as far as i'm concerned, the right -- way merrick garland should be running this -- you have a u.s. attorney's office, someone obviously not in indiana assigned to review what the fbi has got. if mike pence decides to announce he's going to run for president, which we all assume he will do, if he does, that then you consider whether or not to appoint a special counsel in that same vein. and in that same context as you did with donald trump, and with president biden. but you are not there yet. and you may never have to be,

depending on what is determined by the fbi and its ongoing import. >> i, mean everybody gets a special counsel. it's like oprah giveaway. you get a special counsel, you get a special counsel. what about the larger systemic problem that you outlined at the beginning? the way in which classified documents are retained or kept track of. how do you fix that problem? it sounds like, first of, all a lot of these records are available electronically. so that was left of a premium, perhaps, you tell, me on the paper version? is this how these things are getting lost? how do you look at this? and what is your assessment of what needs to be fixed? >> so part of the problem is, simply, there's too much. there is too much classified data. it isn't insurmountable problem to manage to track to properly secure. spillage happened even with the most highly trained federal official. let's be really honest. it happens every day, probably. but the greater problem here is that the individuals that we are talking about, these former

constitutional officers, they don't get any training. they are elected, they don't get to go through security vetting, they're just granted access. so by virtue of their position, they're told, you can see whatever you want. and they have no sense of what the proper >> -- proper procedures. are they have no sense or accountability if they don't comply. so we have a real systemic issue. not only and how much we classify, but also how we train -- our officers and how this was we handling the stuff. and how serious they are supposed to treat potential mishandling of these records. and there may not be an easy solution. if i'm president, biden this is your moment to take -- this year. systemwide review. figure out what the heck is going on. here say, i've even got tripped up by, this i want to formal review of the executive branch policy, up to and including former president and vice presidents. >> put a special counsel on. and i'm just kidding.

bradley -- thank you for your time. tonight great to talk to you, as always. >> absolutely. have a good. one >> still, ahead congressman eric swallow -- after kevin mccarthy insist he will keep swalwell of the intelligence committee and he will instead, well, in a parallel fashion, give george santos a seat on a different committee. stay with us. committee. stay with us stay with us ars throut] for fast sore throat relief, try vicks vapocool drops with two times more menthol per drop*, and the powerful rush of vicks vapors for fast-acting relief you can feel. vicks vapocool drops. fast relief you can feel.

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from this day forward, those wishing to emigrate to america shall be admitted on the basis of their skills and their close relationships to those already here. now, under the mom unit which has welcome so many to our shores, the american nation returns to the finest of its traditions today. the days of unlimited immigration are passed. but those who do come, we'll come because of what they are and not because of the land from which they sprung. [applause] >> in october of 1960, five at the foot of the statue of liberty, president lyndon b. johnson signed a bill that would overhaul the american immigration system. before that bill signing, the united states followed a racial quota system set forth by the

national oranges act of 1924. signed by president calvin coolidge. that law used eugenics, a racist junk science, to justify and presume a cap of people who could to america from certain countries. those caps, or national origin quotas, were based on american demographic from the year 1890. in 1890, american immigrants were mostly western and northern european. and the chinese exclusion act suspending chinese immigration to the u.s., that was in effect. the 1924 law, the national origins act, was meant to suppress immigration from entire regions of the globe. and it expressly and intentionally part asian immigrants from the country, including japanese immigrants, who had not been blocked by previous u.s. immigration laws. so that was the law of the land for decades. right up until the moment president johnson signed that new law on liberty island. and johnson's new law was largely affective.

look at this graph issue for us from the migration policy institute. look at that purple block to see how small a share of the u.s. population the u.s. immigrant population -- and asian immigrants were in the 1960s. and then look at how that share expands after the 1960s, after president johnson ended the national origins quota system. that moment in 1965 changed the face of this country, literally. but that change was not universally celebrated. particularly on the west coast. many asian immigrants entered through age -- angel island, through san francisco bay. california already had a history of racist violence and terror, specifically targeting chinese immigrant communities. residents in santa ana and san jose even burn nearby china towns to the ground in the late 1800s. and early 1900s. as more chinese in taiwanese immigrants began emigrated to los angeles after the 1965 immigration at, specifically

emigrated to monterey park, that racist vitriol continued. in the 1970s, the chinese american developer named fred shea started developing a real estate in that area and built as the chinese beverly hills. or little taipei. when he started in the 1970s, the suburb was about 14%. asian it was largely a white, middle class suburb. in the 1990 census, asian residents made up 57% of monterrey's -- making it the first majority asian city in the united states america. but that transition from a majority white suburb to a majority asian f no burger, that transition came with racist pushback. in the 19 80s, a group of residents tried to declare english the official language of the city. and locals decided to mark their cars with bumper sticker that said, quote, with the last american to leave monterey park please bring the flag? it did not end there.

since the start of the pandemic, asian americans have faced a surge of anger and violence across the u.s.. according to the l.a. times and california alone, reports of anti asian hate more than doubled from 2019 into 2020. and then more than doubled again from 2020 to 2021. so all of that is the context in which monterey park launches first big lunar celebration since the start of the pandemic. that multi day celebration was cut short when a shooter entered star ballroom dance studio on saturday night, killing 11 people and injuring nine others. before a man heroically wrestle the gun away from the shooter at another dance to deal a few miles away. investigators still searching for a motive for the gunman who killed himself on sunday before police could arrest him. but a community that has been on edge for years is now mourning and terrified. and yesterday, a day that should have brought some answers about the saturday evening massacre --

it instead brought more sorrow and more fear. last night, officers in half moon bay, california, hundreds of miles north of monterey park announced that a 66-year-old shooter killed seven asian and latino migrant workers at a mushroom farm. and a nearby trucking facility. officials say the suspect in the half moon bay shooting with a chinese agricultural worker, who worked at one of the facilities he targeted. to be, clear the suspected shooters in both monterey park and half moon bay were of asian origin. but that does not mean that the terror they inflicted is any less piercing. or that the marginalization of that fear is any less real. this community is being targeted in ways both novel and centuries old. the history of the aapi community in america is a long and complicated one. its members remain vulnerable. even today. yeah, i'm tall - 563 feet 2 inches.

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holding up legislation on the house floor. last month, he attempted to derail a major must pass spending bill by introducing -- well, by trying to introduce -- an amendment to defund the bipartisan of protecting same-sex marriage. the rules committee will now also include congressman thomas massie, a libertarian leaning republican who also has a reputation for being a thorn in the side of, well, congress. massie managed to anger both democratic and republican leaders when he tried to force members back to washington to hold a vote on a covid relief bill early in the pandemic, when everyone was trying to, you know, not be in the same room together and contracted deadly virus. and now he will sit on the rules committee. what could go wrong? the appointment of these personalities comes our speaker mccarthy is following through on his threat to deny committee assignments to certain democratic members of congress in what looks like an awful lot like retribution. mccarthy has said he would refuse congressman adam schiff

and eric swalwell their seats on the house intelligence committee, despite the fact that both men served on the committee during the previous congress. yesterday, house minority leader hakeem jeffries made clear, he was not going to cave to mccarthy's threats, tapping both swalwell and schiff for the intelligence committee. and just before we got on the air tonight, speaker mccarthy officially ruled on leader jeffries selections, saying, i am here by rejecting the appointments of representatives adam schiff and representative eric swalwell to serve on the intelligence committee. it is my assessment that the misuse of this panel during the 116 than 117th congress severely undermined its primary national security and oversight missions, ultimately leading leaving our nation la safe. joining us now is congressman eric swalwell, democrat of california, a man who may or may not have a chair when he goes to the intelligence committee. congressman, what can be done here? we know that the intelligence committee is a select committee. so, basically, the speaker of

the house can reject nominees. is there any recourse in this situation? >> yeah. when the house, in 2024, when kevin mccarthy is going to regret giving me more time to make sure that happens -- >> so, effectively, it's flipped the house back to democratic control? but, as far as you and congressman schiff having seats on the house intel committee -- it sounds like that is not going to happen for the 118th congress. >> yeah. alex, that is right. the letter says misuse in the last two congresses. what he is referring to is that we have the crazy idea that the former president should not have been side tied so closely to russia or allowed russia to interfere in the election, as they did, in 2016, or that the former president shouldn't have been able to leverage 300 million u.s. taxpayer dollars to put dirt on his opponent. those were the two investigations that to find those to last congress is that he is alluding to.

and it's clear that this is just political vengeance. because mr. schiff and i were to people in the breach in those investigations. >> yeah. the irony of saying investigating russian interference impossible collusion of somehow making the country less safe, defies -- it defies logic. but speaker mccarthy seems to have singled you out, in particular. and i want to play some -- well, i don't know. it's kind of a long. i'm just going to read what kevin mccarthy said about you. let's talk about eric swalwell, because t >> it's hard and stand with these typically saying. >> he had a briefing, as well as former speaker pelosi had a briefing from the fbi. and the fbi never came forward to this congress to tell the leadership of this congress that air swallow had a promise -- problem of the chinese by until he served on the intel. it wasn't just us who were concerned, the fbi was concerned on putting a member of congress on the intel -- that has a relationship with a chinese spy. what is your response to that? >> alex, most importantly, john

boehner was briefed on this individual who tried to help my campaign in barack obama's first term. and john boehner appointed me to the house intelligence committee. paul, ryan who had access as a gang of eight member to this and fix -- information investigation appointed me to the committee. the fbi issued three statement this at all i did was help them, and was never under any suspicion for wrongdoing. donald trump called me out at almost every rally -- and had access to more persons and more information than anyone who walks this earth. and if he would've been able to weaponize information against, me we know he would've. never did that. and just last week, glenn kessler at the washington post fact checker, and independent fact-checker, gabe mccarthy for pinocchio for his claims. you don't take it for me. just look at the evidence in the fact that i was reappointed and that the washington post has debunked, this is shows it's purely political vengeance.

>> political vengeance seems to be the flavor of the day with the 118th republican led congress. what do you make of chip roy and ralph norman being on the rules committee. and what do you make of the elevation of far-right members to keep committee assignments. what is your expectation here for getting basic things passed. for example, hurricane relief? >> i don't want to minimize this. because, alex, it's frustrating to lose this assignment. it's not about me. the committee will go on. it's got great members. but what this is about, as you just alluded to, is adam schiff an eye, and potentially miss omar will come off our committees by way of kevin mccarthy removing us. and george santos, who just admitted today that he defrauded the fcc in his campaign statement, that we don't know anything about, except the republican, will go on to a committee. marjorie taylor greene will go on to the homeland security committee, and committee investigating covid. so it does seem like it is a corrupt --

carried out by kevin mccarthy. when, as you pointed, out the voters, they wanted us to just get things done. we need relief in california. for the storms that have hit us. we need gun safety legislation because we keep having mass shootings in california. it seems every couple of hours. that is not what they're focusing on. they're focusing on exacting their pound of flesh. >> i want to say -- we don't have time to get to the number of characters that are on the weaponization of the federal government committee. but it begins with jim jordan and ends with harriet hagman. that's the list. i will, say congressman, on a serious -- >> i call it the committee to obstruct justice. >> exactly. >> the committee to obstruct justice. that's what should be called. >> as someone whose district firmly represented half moon bay, we send our condolences to you and your former constituents. and we are thinking of california and the real crisis that faced this country, regardless of what the house choose to do or not do in the upcoming congress.

congressman eric swelwell -- >> i appreciate time. >> we will be right back. ght back nothing, it really is something. as an expedia member, you can save up to 30% when you add a hotel to your flight. so you can have a bit more money, to do even less. trelegy for copd. ♪ birds flyin' high, you know how i feel. ♪ ♪ breeze driftin' on... ♪ [coughing] ♪ ...by, you know how i feel. ♪ if you're tired of staring down your copd,...

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and you'll be a part of something special too. >> that is the show for this evening. we will see you again tomorrow. and now it is time for the last word with lawrence o'donnell. hi, lawrence o'donnell. >> good evening, alex. everyone so i like see you doing some stories. i think about your father and i think, wow, carla wagner, if he was still with us, he really would have enjoyed that, it added to our understanding to it. i have one later in the show tonight that does involve my father. if he could see what we are doing later in this program, he would just think it's the best thing we have ever done. so -- >> listen, i have a sense of what that -- guess who that guest is just from your twitter -- feed and i am very excited to see your interview, maybe you are tears, and i know my dad would be thrilled just at his hand over that we do every single night. >>