daycare allot less. >> i have to say, i'm sorry to say is an american liberal myself that i'm not sure how liberals do on that test as well. particularly when it comes -- to the middle east. i really, i guess in the end i think to myself who is mike pompeo? for who is that mike pompeo campaigned for? and the answer is no one. i guess you would get -- >> he's not even going to get a show on fox news, nothing. peter beinart thank you very much. that is all in on this tuesday night, alex wagner tonight good evening. >> can't even get a show on fox news says a lot. >> mike pompeo couldn't hack it. so, you know. >> part time stringer for "the washington post" is not an easy gig. even if it was, i am not sure mike pompeo could do it. thanks, chris, as always. and thanks to you at home for joining us. we have a lot goat to tonight.

i want to start on december 14th, 2022. a day we should not particularly remember. it was supposed to be 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. they are certified. they voted for joe biden. but georgia republicans, they met exactly the same time behind those closed doors. they are not official, not certified. they chose donald trump they say to keep his lawsuit alive. even as they were meeting for the first time in 28 years select a democratic president and vice president, a floor below georgia republicans were convening their own meeting to select their own electors who voted for donald trump. >> the 16 take trump electors

from georgia meeting in the state capitol fraudulently, that scheme in addition to catching the attention of the department of justice caught the attention of a prosecutor in georgia. her name is fawn any willis. she is the fulton county district attorney in atlanta. she was one month into the job when she announced she was opening an investigation into the multipronged effort to subvert georgia's election results. the head of the republican national committee testified to the january 6th committee that in mid-december of 2020 president trump asked for her help with the fake electors plot. and that points to not only trump's knowledge of the scheme but also his direct involvement in it. another bombshell piece of evidence that caught the attention of the d.a., the infamous january 2021 phone call between donald trump and georgia 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 president of the united states in a swing state he asking that official to find the exact number of votes that would flip the result in his favor that. is, to severely understate it, not good. trump today for reasons we will get into in a moment said that was a perfect call in all caps three times. in addition to calling and pressuring the george secretary of state to overturn the election, trump did the same

with georgia governor brian kemp and the state investor in the 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 d.a. fannie willis said they were looking into violations of georgia law pertaining to prohibiting the solicitation of election fraud, making of false statement to local and governmental bodies, conspiracy, racketeering, violation of oath of office and any involvement in violence or threats related to the election's administration. we learn that miss willis was leaving no stone unturned in this investigation. in addition to investigating trump we would learn the 16 fake trump electors were officially targets of her criminal investigation. and 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 should appoint their own slate of trump elect erck, mr. google, too, is a target of police willis' investigation. and last year d.a. willis 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 and they 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 panel was seated just eight months ago. several trump allies were ordered to testify before the panel by the court, including the supreme court, which weighed and rejected senator indsey graham's efforts to defy a subpoena. they concluded their final

product. the report for d.a. willis laying out its investigation and a recommendation as to next steps. as far as the contents of that report being released to the public, well, that was the subject of a court hearing today in atlanta where the district attorney made her position clear. >> we want to make sure that everyone 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're asking that the report not be released because you, having seen that report, decisions are imminent. >> that was the back of fannie willis' head. what you can hear that, what she is saying is this. she is saying the word defendants, plural, and saying

that charging decisions are imminent. the district attorney also row veeld today that the special grand jury heard from a grand total of 75 bnss. 75. now, while that grand jury may have finished its work and delivered the final report, willis' office stressed today this remains an ongoing investigation and that release of the report right now would be, in their words, dangerous because the d.a. has not weighed in yet on whether or not to file criminal charges. an attorney for a group of media organizations argued for the release hft report to be made public saying -- fulton county judge overseeing the case said he would not make any rash decisions. while we don't have eyes on the special grand jury ace findings, what was made clear today is that this investigation is of tremendous breadth and magnitude.

it is on going. there are potentially multiple defendants and decisions regarding an indictment or indictments, plural, those decisions are imminent. joining us now are gwen keys fleming, former district attorney in dekalb county, and barbara mcquaid, former attorney for eastern district of michigan and now professor at the university of michigan law school. gwen, in terms of the things that we learned today, setting the report itself aside and when that may or may not become public, the word dangerous, we 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? >> well, i can only surmise she

has witnesses she is trying to protect, not just defendants whose rights she is also trying to protect. she wants to ensure as possible witnesses are named in the report they would be available and healthy for trial. and so that is, obviously, any prosecutor's number one concern, is ensuring that the case can proceed with all of the relevant facts and you need to is your appropriate witnesses to be able to do that. >> barb, when we talk about the number of witnesses here, sorry, the number of people that have testified, i am not a legal expert, but 75 seemed like a lot. how did you read that when you heard that statistic? it does seem like a lot. what i hear when i hear a number like that, she has done a very thorough job. in a case like this with a lot of different tentacles, different aspects. case, the fake electors scheme, statements to the georgia legislature, there is the

harassment of poll workers, tampering with voting machines, all of 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's challenging when you are conducting a grand jury investigation is you think you have just one more witness and you talk to that witness and they tell you about five more people you realize you need to talk to. never ending layers of, skins of an onion. but 75 a certainly a big number and 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. now, gwen, i know you were part of a brookings institution paper that looked at the georgia investigation and concluded there were a number of different charges that could be brought here. could you talk a little bit about how you see this case and the outlines as we stand now?

there is a lot tbd, but what do you it think is most perilous potentially for former president trump for example? >> that report was based on what we knew in the public realm. as you started you indicated 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 substantialle likelihood of charges 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 your more traditional criminal crimes and title 16 of the georgia code, things like false statements or forgery in the case of the alleged fake electors. we are waiting to see if fani and her team will pursue a rico indictment which would allow her to encome cass these crimes, the

predicate crimes, foundational climbs under the statute, and see what type of case she can build from there. >> you talk about rico charges. that's something she used before to prosecute a number of atlanta-area musicians, rappers, which is its own sort of georgia thing that has been, you know, litigated in the public court of public opinion. that is something she is comfortable using. in terms of the ease of bringing a charge like that at the state level, is there a meaningful difference between, you know, pursuing charges at the federal level versus the state level and a more sur couple described case like this? >> yes, the georgia rico statute is much more broad and favorable to prosecutors. so it allows her to tell the whole story. fani has her own experience

trying rico from the time she took over as the d.a. and in her prior career as an assistant d.a. she also has others on her team, like john floyd, who really wrote the treatise on rico in georgia as well as some other states. and so that is 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 that attorneys for former president trump did not participate in today's hearing. they basically claim that the grand jury listened to dozens of high ranking officials during the investigation but never found it important to speak with the president. do you think that was a foolish legal calculation and how much at risk do you think the president is in all of this? >> well, i think it's probably as much a political decision as a legal decision there. he was not a witness. and it could very well be that a judge would not have heard from him since he doesn't have, you know, an official stake in it. and so rather than risk losing

some political points when it may not have made a difference anyway, they likely calculated it wasn't worthwhile to make a decision here. no doubt, all roads point to donald trump in this case. that phone call. that's not all there is. we have heard many other witnesses who testified could be part of a conspiracy, could be a part of a number of other crimes. so i think that he should be very worried about whether he, himself, is charged in this case. it could be that charges go in a serial fashion, she doesn't charge everybody at once, we would be another reason to keep the report secret. sometimes you charge a lower level group of defendants in hopes of flipping them to get to the higherups. no doubt at the heart of all of this, if you 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's head was clearly in the courtroom. there were a series of rants on truth social. i think we have those that we can pull up that basically detail, i wish i could read them from here but my eyes are getting very, very old. he saying the call is perfect, nothing to see here, there is no admonishment, therefore, he is without any guilt. we know now, barb, that for all of us, unfortunately, being students of trump's behavior, he often reveals -- his big tell is saying he doesn't care about something when in fact that's a sign he deeply cares about something. in recent weeks he has been tweeting a lot against -- i should say a lot about georgia election workers. the georgia case is very much on his mind. when you think about this on the timeline, barb, january 6th, the 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 the timeline. is that the correct way of thinking about these two things? >> that is the feel i get as well, alex. you never know what is happening behind closed. you don't know what you night might not know. fannie willis said a decision is imminent. so now all that's left is for her to assess the evidence, 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 that is doesn't feel like it's as close and i think there is 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 in a fm number of states, national scope. there is a lot more visibility in her case because she is required by statute to go to the court to get subpoenas for

witnesses who are out of state and to get those orders. so we know all the people who have come to testify before the grand jury in georgia. we don't have that same visibility at doj. maybe we will be surprised and doj will beat her with the indictment. i don't think so. based on what she said today and they are very strong efforts to keep this quiet, it would surprise me if that ultimate decision is, oh, i decided not to charge after all. it seems like in light of her words and her actions, that charges are imminent. >> gwen, let me ask you one more question because i think a lot of us have been very impressed the alacrity with which the trump administration has been able to move the individuals she speed for testimony. this is not the only state a slate of fake electors were sent to underline the principles of american democracy. there were seven other states. do you think this -- do you

think that what the d.a. is doing in fulton county could be a model for other states that are looking to seek criminal indictments for those actors that tried to send fake electors to washington? >> well, 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 take of the january 2nd call. we have information at least public information about conversations with the u.s. attorney, 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 graham. so i think georgia is very unique, but i'd leave it to the prosecutors in the other states to vault their own set of evidence. >> we talked a lot on this show and others about what's happening in the investigative level in congress, what's happening at the doj. but georgia, fulton county, georgia, could be the storm cloud on the horizon in short order for president trump and his allies regarding the stealing of an american election. thank you both for making the time. really appreciate it. >> my closure.

much more ahead tonight. when we come back, classified documents found in the home of former vice president mike pence just months former vice president mike pence denied having any documents in his home. and later speaker kevin mccarthy announced he will keep congressman adam schiff and eric swalwell off the intelligence committee. congress swalwell will join us live to talk about all that. stay with us. us live to talk about all that. stay with us need a backup plan? get plan b one-step. plan b helps prevent pregnancy before it starts by temporarily delaying ovulation—and you can resume your regular birth control right away. i've got this. ♪♪ (tony hawk) skating for over 45 years has taken a toll on my body.

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over the floor. you won't find any classified information. >> no comment on lindsey graham's disclosure today. but if recent history a guide he might want to double-check his house for classified information. here was former vice president mike pence in 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? >> well, 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 a

dozen documents marked as classified in pence's indiana home. he gave that interview saying he is take any classified documents with him from the white house. a as much as this is a story about former vice president mike pence, it's the system our country uses to keep classified information safe. it seems like it's far too easy to leave the white house with clooitds and that is, yes, a potentially huge national security risk. here is the reaction of the chair and the vice-chair of the senate intelligence committee this afternoon. >> were you surprised when you heard the former vice president mike pence had classified documents in his possession apparently? >> i thought holy heck. and i do wonder, you know, how many other formers. >> the mike pence classified documents? >> what the hell is going on around here is my reaction.

>> so that's a problem. that's part of our government that needs to be examined and fixed. that's one part of the story. the other part is political. here is former vice president pence earlier this month. >> i think that the biden papers should be dealt with the same way that president trump's papers have been dealt with. examined with the same thoroughness and carefulness. >> would you acknowledge they are not equal episodes? >> they are different in degree but not in kind. >> republicans spent weeks trying to paint it identical to the trump document story. pence put an emphasis of them not being different in kind. the emphasis here from what we know at this point is that they are extremely different in degree. joining us now is bradley moss, a national security attorney represented federal officials, members. military and defense contractors in security clearance proceedings. mr. moss, thank you for joining us tonight. you know, i mean, you may have classified documents. i may have some that i don't

know about. that's highly unlikely, but never say never, right? and the point would be, a, we got to shore up the ways in which we retain, you know, classified documents, but, b, it still doesn't resolve the thorny legal problem former president trump seems to have, right? these are apples and that's a banana or orange or whatever fruit metaphor you choose. can you talk about how you see the trump, biden, pence situations as similar and different? >> sure. so we have the larger problem, which i think everyone, now that we have not just donald trump, we know was chaotic in his handling of records, we have president biden, we have former vice president pence, lord knows maybe we will find out former president obama has some in his place in chicago, in president clinton's residence. there is a spillage issue in terms of these former

constitutional officers kbh they depart and staff boxes things up, things are getting slipped in or presumably inadvertently slipped in with various other records and they were never supposed to be there in mar-a-lago, never should have opinion at president biden's locations and never should have been at vice president pence's house in indiana. that's the larger systemwide issue that we have a breakdown here. the more specific issue of legality is we have two different paths. we have got what donald trump did. donald trump was told he had records and he played games with the justice department. he obstructed. he was, you know, argumentative. he ultimately had lawyers submit a declaration with false information. that's why he got raided. on the other hand, so far, we have what president biden and former vice president pence have done, which is a far more cooperative, please take these documents and get them the heck out of my house approach, returning it the way they are

supposed to. that is the difference between the i don't want to get in any more trouble than i am in approach and the donald trump i'm gonna see how far i can push this approach. that's why donald trump is facing real potential criminal liability and as far as i am concerned the other two were not. >> i think that 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 biden case, which gives the veneer of equivalence to the biden document retention and the trump document retention. does he now have to assign a special counsel to vice president pence? i mean, 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 are there yet. 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. as far as i am concerned, the way merrick garland should be running this, he has the fbi

reviewing the documents, you have a u.s. attorney's office, someone, obviously, not in indiana, assigned to review what the fbi's got. if mike pence announces he is going to run for president, which we assume he will do, then you consider whether or not to appoint a special counsel in that same vain, in that same context as you did with donald trump and with the president biden but you are not there and you may never have to be depending what is determined by the fbi in its ongoing inquiry. >> i mean, everybody gets a special counsel. it's like an oprah give way. you get a special counsel and you get a personal counsel. what about the larger systemic problem? the way classified documents are retained or kept track of? how do you fix that problem? a lot of these records are available electron itically. that puts close of a premium, you tell me, on the paper version. is that how these things are lost? how to you look at this?

what is your assessment of what needs to be fixed? >> part of the problem is simply there is too much. there is too much classified daichlt it is an insurmountable problem to manage, to track, to properly secure. spillage happens even with the most highly trained federal official. let's be honest. it happens every day, probably. but the greater problem here is that the individuals that they are with 'talking about, former constitutional officers, they don't get any training. they are elected. they don't get to go through security vetting. they are just granted access. so by virtue of their position, you can see whatever you want, and they have no sense of what the proper procedures are. they have no sense and no accountability if they don't comply with them. so we have a realisticic issue not only of how much we classify, but how we train constitutional al officers in how they are supposed to be handling this stuff and how

serious they are supposed to treat potential mishandling of three records. if i'm president biden, this is your moment to take the defensive here, systemwide review. figure out what the heck is going on here. say i have even got tripped up by this. i want a full review of the executive branch's policies on this up to and including presidents and vice presidents so we don't have this going forward. >> put a special counsel on it. kidding. bradley moss, national security attorney, thank you for your time tonight. great to talk with you as always. >> have a good one. ahead, congressman eric swalwell joins us hours after speaker kevin mccarthy insists he will keep swalwell off 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 teeth sensitivity is so common. it immediately feels like somebody's poking directly on the nerve. i recommend sensodyne. sensodyne toothpaste goes inside the tooth and calms the nerve down.

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this bill says simply that from this day forward those wishing to immigrate to america shall be admitted on the basis of their skills and their close relationships to those already here. now, under the monument which has welcomed so many to our shores, the american nation returns to the finest of its traditions today. the days of unlimited immigration are past. but those who do come will come

because of what they are and not because of the land from which they sprung. [ applause ] >> in october of 1965, at the foot of the statue of liberty, president lyndon b. johnson signed a bill to overhaul the american immigration system. before that bill signing the united states followed a racial quota system set forth by the national origins act of 1924. that law used eugenics, a racist junk science, to justify imposing a cap on the number of people who could immigrate to america from certain countries. those caps or national origin quotas were based on american demographics from the year 1890. in 1890 american immigrants were western and northern european. and the chinese exclusion act suspending chinese immigration to the u.s., that was in effect. that 1924 law, the national

origins act, was meant to suppress immigration from entire regions of the globe and it expressly and intentionally barred asian immigrants from the company, including japanese immigrants who had not been blocked by previous u.s. immigration laws. that was the law of the land for decades until the moment president johnson signed that new law. johnson's law was largely effective. look at this graphic from the migration policy institute. look at that purple block to see how maul a share of the u.s. immigration of asian immigrants were in the 1960s and how it expands 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, where many asian immigrants entered the crew through angel island, in the 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 burned nearby chinatowns to the ground in the late 1800s and early 1900s. as more chinese and taiwanese immigrants began immigrate to go los angeles in the years after the 1965 immigration act, specifically immigrating to monterey park, that ratist vitriol continued. a chinese american developer started developing a real estate -- developing real estate in that area and billed it as the chinese beverly hills or little taipei when he started in the 1970s it was 14% asian, a white middle class suburb. by the 1990 census, asian residents made up 57% of monterey park's population. making it the first majority asian city in the united states of america.

but that transition from a majority white suburb to a majority asian ethnoburb came with racist push back. in the 1980s a group of residents tried to declare english the official language of the city and locals decided to mark their cars with bumper stickers that say will the last america to leave monterey park please bring the flag t didn't end there. since the start of the pandemic, asian americans faced a surge of anger and violence across the u.s. according to the "l.a. times," in california alone reports of anti-asian hate more than doubled from 2019 to 2020 and more than doubled again from 2020 to 2021. so all of that is the context in which monterey park launched its first big lunar new year celebration sips the start of the pandemic. that multiday celebration was cut short when a shooter entered star ballroom dance studio saturday night killing 11 people

and injuring nine others before a man wrestled the gun away from the shooter at another dance studio a few miles away. investigators are 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 in a nearby trucking facility. officials say the suspect in the half moon bay shooting was a chinese agricultural worker who worked at one of the facilities he targeted. now, to be clear, the suspected shooters in monterey park and half moon bay were of asian origin. but that doesn't mean that the terror they inflicted is any less piercing or that the

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gavel and be speaker of the house. last night mccarthy announced he would be appointing a group of far right republicans to the all-important house rules committee which controls what legislation gets to the house floor for a vote. that group of hard line republicans includes chip roy and ralph norman, hold-outs to the vote to elect speaker mccarthy in the first place. congressman roy is famous for holding up legislation on the house floor. last month he tried to introduce an amendment to defund the bipartisan law protecting same-sex marriage. the rules committee will include congressman thomas massie, a libertarian leaning republican who has a reputation for being a thorn in the side of, well, congress. massie managed to anger 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 not to be in the same room to the and contract a deadly virus. now he will sit on the rules committee. what could go wrong? the appointment of these personalities as speaker mccarthy is following through on his threat to deny committee assignments to certain democratic members of congress in what looks like retribution. he would refuse adam schiff and eric swalwell their seat on the house intelligence committee despite gt fact they both served on the committee in the previous congress. yesterday 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 hereby 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 116th and 117th congress

severely undermined its primary national security and oversight missions, ultimately leaving our nation less 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, and kevin mccarthy is going to regret giving me more time to make sure that happens. >> effectively, it's flip the house back to democratic control. but as far as you and congressman schiff having seats on the house intel committee, sounds like that's not gonna happen for the 118th congress? >> yeah. alex, that's right. and when he, in the letter, says misuse in the last two congresss, what he is referring to is we had the crazy inside that the former president should

not have, you know, been tied so closely to russia or allowed russia to interview, 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 are the two investigations that define those two last congresses that he alluding to. it's clear this is political vengeance. mr. schiff and i were the two people in the beach in those investigations. >> the irony is somehow making the country less safe defies -- it defies logic. speaker mccarthy seems to have singled you out in particular. i want to play some sound -- well, i don't know, it's a long -- i'm going to read what kevin mccarthy said about you. talk about eric swalwell you have not -- >> it's hard to understand what he is saying. >> he says that you -- he had a

briefing as well as speaker -- former speaker pelosi a briefing from the fbi and the fbi never came before this congress to tell the leadership of this congress that eric swalwell had a problem with the chinese spy until he served on the intel. the fbi was concerned about putting a member of congress on the intel committee that has effectively a relationship with the 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 investigation appointed me to that committee. the fbi issued three statements saying i helped them and was never under any suspicion of wrongdoing. donald trump called me out at almost every rally, had access to more persons -- access to more information than anyone who walks this earth. if he would have been able to

weaponize information against me, we know he would have, never did that. last week glen kessler at "the washington post" fact-checker an independent, you know, fact-checker, gave kevin mccarthy four pinocchios for this claim. don't take it from me. looking at the evidence and the fact that i was reappointed and "the washington post" debunked this shows it's purely political vengeance. >> that 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 emvation of far-right members to key committee assignments? what is your expectation for getting basic things passed, for example, hurricane relief? >> i don't want to minimize this because it is frustrating to lose this assignment. it's not about me. the committee will go on. it's got great members. what this is about, as you alluded to, adam schiff and i

and potentially miss omar come off our committees by way of kevin mccarthy removing us and george santos, who just admitted today he defrauded the fec in his campaign statements will go on to a committee. marjorie taylor greene will go on the homeland security committee and commit investigating covid. it seems like this a corrupt bargain carried out by kevin mccarthy when, as you pointed out, the voters wanted us to get things done. we need relief in california, you know, for the storms that hit us. we need gun safety legislation because we keep having mass shootings in california. it seems every couple of hours. that's not what they are focusing on. they are focusing on exacting their pounds of flesh. >> yeah. i want to say there is a -- i can't even -- he with 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 hig man. that's the list.

i will say, congressman -- >> i call it the committee -- the committee to obstruct justice. >> exactly. >> the committee to obstruct justice. that's what it should be called. your district formerly represented half moon bay, we send our condolences to you and your former constituents and we are thinking of california and the real crises that face this country. congressman eric swalwell, democrat of california, thanks for your time. >> thank you. we'll be right back. right .

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that is the show for this evening. we will see you again tomorrow. way too early with jonathan lemire is coming up next. the handling of classified materials in the nation's secret is very serious matter. and as a former vice president of the united states i can speak from personal experience about the attention that