reason, who could have been saved by a vaccine, had no reason to die, and they are dead from covid. we have brought back diseases that were eradicated. we have polio back in this country now. measles are coming back. just in 2019 -- people, mostly small children, died in samoa of measles. and even that did not change the idea for rfk and lots of people. they just move the goalposts and said, oh, it was really the measles vaccine that killed all those people. so, yeah. it's just a really sad time. and vaccines -- we can quibble over the types of moderation that we do. and there is crippling to be done, right? but on the vaccines, the signs is clear. it is clear. this is nonsense. and it's dangerous. >> and's actually never been clear, even then -- covid, which is just sort of the awful, awful tragic irony of the whole thing. brandy zadrozny, thank you so much. that is all in on this tuesday night. alex wagner tonight starts right now, with alicia menendez good in for alice, good evening alicia menendez.

>> thank you for joining us. alex is off tonight. the biden butter of conservative media for years now husband hyping up an investigation into president biden's old son hunter biden. and never seemed to end. the investigation, which was open in 2018, under trump's justice department, has then a black box of sorts by republicans. they use it to create a symmetry that didn't really exist between trump's alleged crimes, when they speculated was the crime ridden biden family. so long as this case was open, and the investigation was behind closed doors, they could really make it whatever they wanted it to be. even though that was the case even the republicans have been dining out on the hunter investigation for years, they also have been up in arms about how it hadn't finished yet. they were aghast that trump was indicted before hunter. they wanted hunters case resolved immediately. today we have closure in that case. today, we have the news that

hunter biden is expected to enter a plea deal for two tax misdemeanors and that investigation. he is also expected to strike a deal with prosecutors to resolve a felony gun charge. how all of which means, after five years of investigating and after years of conservatives claiming this was the investigation, that would topple the whole biden family, hunter is likely to plead guilty to two misdemeanors and serve some probation. this is what republicans wanted, right? accountability? proof that justice department was fair and balanced, and would prosecute anyone regardless of who they were the should be satisfied now, right? >> can we talk a little bit about the hunter biden plea deal, and your reaction? >> my first reaction is that it continues to show the two tiered system in america. if you were the presidents leading political opponent, and the doj tries to literally put you in jail. if you are the president's son, you get a sweet deal.

>> so the goalposts have moved. it's likely that no matter how the investigation played out, the republican party would never really be satisfied. this is exactly what most republicans said they wanted. but in the words of former president donald trump today, people are going wild over the hunter biden scam with the doj. today conservatives on conservative media had an absolute fit claiming this plea deal is evidence the doj went too easy on hunter. and that is all evidence of the two tier justice system, that couldn't be further from the truth. we will look at the two investigations that republicans are using as evidence for the supposed to tiered system. first, the investigation to hunter biden's taxes, which was launched by the trump justice department back in 2018. the investigation was assigned to the trump appointed u.s. attorney for delaware, david weiss. and biden took office, he could have easily replaced delaware's you as attorney. delaware is biden's home state. presidents replace u.s.

attorneys all the time. it would have been totally normal for biden to replace this trump appointed prosecutor with someone more in line with the goals of his own administration. here is the thing, he didn't. biden kept trump's own pick for u.s. attorney in place, so as to not even give the impression that he was interfering with this investigation. on top of that, biden's attorney general, merrick garland, has explicitly and publicly pledged not to interfere at all with the investigation. garland has said that the trump appointed u.s. attorney, leading that investigation is quote, not to be denied anything he needs. okay, so that is one example of our justice department at work. the biden administration, doj, bending over backwards to not show any favor even any appearance of favor to the presidents son. then, there are the investigations into president trump. just last week, we got this report from the new york times detailing how special counsel, jack smith, is differential as

possible to former president trump in the mar-a-lago documents case. now, the times reports that this is likely an effort to avoid having the case delayed by distracting fights. the end result though, is that trump is getting the kid glove treatment. quote, the judge assigned to handle trump's arraignment did something of a double take during the proceeding on tuesday, when the justice department offered the former president a bond deal that was not merely lenient, but impose no restrictions on him at all. jack smith opted not to request conditions routinely imposed on other defendants seeking to be released from custody, like cash bail, limits on domestic travel, returning his passport. he was so lenient and differential to trump that the magistrate judge actually pushed back against it, and imposed some restrictions on trump against smith's wishes. that is just in the courtroom. the actual charges against trump are actually differential. smith seems to have

purposefully left at a potential charge that was listed in the affidavit, the justice department filed, with a search warrant for mar-a-lago last summer. the charge but the concealing in its handling of sensitive government documents. that was the only charge, the only charge that might have directly impacted trump's ability to run for president. if someone is convicted of that charge, they are required to quote, forfeit their office and be disqualified from holding any office under the united states. trump a seemingly getting every accommodation possible. no mugshots, for bill, or anything else that normal defendants have to deal with. at the same time, doj treated hunter biden by the book. the idea that trump is being prosecuted unfairly? that is absurd. but don't take my word for it, here is trump's former attorney general, bill barr, in an op-ed just yesterday. quote, trump's indictment is not the result of unfair government persecution. this is a situation entirely of his own making. the effort to present trump as

a victim in the mar-a-lago document affair is cynical, political propaganda. today, we've got the major news that the judge overseeing the trump mar-a-lago documents case, has set august 14th as the date for that trial to begin. there is a good chance that date could get pushed back, but the august data significant nonetheless. trump's case is being handled by the trump appointed judge, who has been differential to trump in the past. you remember that. there has been a worry that she might use her control of the schedule in this case to help trump delay it. so far, that does not seem to be the case. that means that we could be headed towards an absolutely incredible august for the former president. not only is august potentially the start of trump's trial in this case, but the first republican primary debate, yes, that as well is set for august. whether or not trump is on that stage himself his indictment, or indictments are almost guaranteed to be a topic of discussion. then, there is fulton county

district attorney, who at some point from late july through august will likely announce another set of charges against former president trump. whatever trump's summer vacation plans are, the better be refundable. joining us now, former u.s. attorney and msnbc contributor, joyce vance. and a former litigator and msnbc legal analyst lisa reuben. thank you for being here. joyce, i want to go to you first. republicans are calling hunter biden's plea agreement a quote, sweetheart deal, and one that reveals a two tiered justice system, from you, from a legal perspective, how do you see this? >> well, it is really not. if anything, hunter biden has been charged a little bit more heavily than you would expect in this case. if you look at the heartland of doj cases and how this conduct is charged, the misdemeanor charges for failure to file taxes are precisely how this sort of situation is routinely handled. it is, by statute a miss

demeanor, not a felony. the league uncharged is a bit more perplexing. roughly 16%, give or take, of the federal criminal docket consists of gun cases in an average year. and about 66% of those cases in the most recent data that the sentencing commission put out is a similar charge to the charge that biden now faces, it is a prohibited person in possession of a firearm. but almost always, that charge involves felons. for reasons that are pretty easy to understand, it typically does not involve someone who is a user, or someone who is addicted to drugs, simply because there would be so many of those cases. unless there is some sort of underlying connection of that gun to another crime, this is almost never charged. so it is a little bit surprising to see it here. >> so there is the play itself, and then also the way this case has been handled.

the u.s. attorneys sent a letter to house judiciary chair, jim jordan. this is back in june, making it clear that a.g. garland gave him full authority and the hunter biden case. he wrote, while your letter does not specify by name the ongoing investigation that is the subject of the committee's oversight, its content suggests sear inquiry is related to an investigation in my district. if my assumption is correct, i want to make clear that as the attorney general has stated, i've been granted ultimate authority over this matter. including responsibility for deciding where, when, and whether to file charges and for making decisions necessary to preserve the integrity of the prosecution, consistent with federal law, the principles of federal prosecution, and departmental regulations. talk to me about the other steps that whites took to make sure that this was, in fact, fair. >> one of the things that wasted wasn't sure that the matter was handled outside his office. you know as well as i do, that the bidens are practically royalty. there are not that many people

in the district of delaware that haven't had some touch point with the biden family, and the extended family. so what david wise here, he brought in an experienced prosecutor from the district of maryland, from the eastern district of pennsylvania. those are the people that signed the information today. one of them in particular has a background i find very interesting. he is the prosecutor who has been principally responsible for the prosecution of baltimore city attorney, marlon roseberry. this is not a person who is scared easily, with respect to charges against people who were prominent in the democratic party. i think that was also an important strategic consideration. >> i mean, a trump appointed a.g. is saying, to jim jordan, chill out. i got this. >> there are people on twitter who have been making the point that david weiss is not really a trump nominee because he had to be blue slipped, or approved by the two democratic senators in delaware. notwithstanding that, the choice at the end of the day, belongs to the president. yes, maybe david whiteside to

be palatable to the two democratic senators, but he was still the choice of former president trump. just like jeff berman wasn't the southern district of new york. so maybe he's not the most trump person who could have been appointed, but he was still acceptable to people in the white house, and the department of justice who were handling those sorts of nominations at the time. it is a preposterous defense. >> i want to talk about the other judge who has said the trial judge in the case to begin. august 14th, put that in your calendars. run for two weeks, that start date, just 55 days away. how unusual is this given federal trials can take up to one year or more to prepare? >> this is a standard order that you see issued in miami, and in other districts where the judges are committed to moving their cases along as quickly as possible. this reflects these 70 days that the speedy trial act gives the government to bring a case to trial. but no one really except solid this august 8th will hold.

there will be complications due to the handling of classified information, and there is very likely to be a request, at least from the trump folks, asking judge cannon to revisit the d.c. judges decision that doj would be permitted to use information from one of trump's own attorney's. that would likely involve a decision from her, and probably and appealed to the 11th circuit by the aggrieved party, if they can get it into an appeal posture. that august state, unlikely. but i do not think that judge cannon will broke a lot of delay if she wants to act consistently with how other judges in her district behave. that is the real unknown here. will she continue to behave like she did in the mar-a-lago search warrant challenge? or will she now retreat and be a little bit more like the typical judge in miami? >> what do you think? >> i think judge cannon's behavior here is very hard to

understand. because this is a person who through her special master order a year plus ago. gabe radiantly, who is then the special master, more time to conduct a review of the seized materials that trump said either belonged to him, or privileged, or otherwise should be excluded from the investigation. she had more time for that process, and she is allowed, between indictment and trial of the very same matter a year later. this swinging wildly between delay, delay, delay, and let's go as fast as we possibly can, it's really hard for me to understand. it is my hope that judge cannon reaches a happy, calm, medium. and her administration of justice in this case. >> talk to me about the timeline here. how cannons timeline potentially complicates things for fulton county d eight, fani willis, who as we all know, has signaled in august timetable for possible charges against trump? >> right. if fani willis does host her

trial in argus, we will have different trials in different jurisdictions. all competing to get the same defendant in their courtroom. but as we discussed, this august trial set in the southern district of florida is not a real setting. everyone knows that there will not be a trial in the month of august. but it will be at some point in the future. judges are used to situations like this where they have to coordinate and work together. it may be that the cases that were earlier filed of course the case in manhattan, is the first one. and the federal case will move forward, but that is something that we will have to work out amongst everyone involved in the prosecutions. >> i want you both to quickly listen to former president trump in an interview with fox just yesterday describing the documents he discussed in the reporting of the july 2021 meeting at his golf club in new jersey. >> there was no document. that was a massive amount of papers, and everything else, talking about iran and other

things. and it may have been held up, it may not. but that was not a document, i didn't have a document per se. there was nothing to declassify. these were newspaper stories, magazine stories, and articles. >> i mean, he has the right to remain silent. this is a choice. so if you are's head to attorney, what are you saying to him? >> there is a reason a lot of people have refused this assignment. and that is because this is an ungovernable client. he not only has the right to remain silent, but every strategic bone in my body cannot help but think he should remain silent, because it is in missions are building with each and every -- i think most people who have been involved in criminal defense watch this thinking, where the responsible people? i actually do not blame the todd blanche is of the world. they are doing the absolute best they can with a person who's council, the only counsel he takes is his own. >> and if you are the prosecutors, and you are watching that interview? >> well, you certainly are

cataloging all of the presidents, the former president's public appearances, and making yourself a big batch of tapes that you may end up playing in your case. or on cross-examination of the witnesses. because every time trump makes one of these public statements, he is potentially contributing to the large pile of evidence that the government has against him, he is making it easier to cross examine him. we saw how this played out in the e. jean carroll case, where some of the most powerful testimony there was his own deposition testimony, where he misidentified a photograph of e. jean carroll as his second wife, marla maples. and that certainly landed with the jury. the prosecutors will hope for a similar smoke and the gun here, and if the former president doesn't learn to quit talking, they are very likely to have it. >> former u.s. attorney, joyce vance, and msnbc legal analyst, lisa reuben, thank you so much for being with us. when we come back, the political divide over the investigation into donald trump,

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>> if you were following

republicans on twitter or watching fox news today, then you probably know that to them, the biggest political scandal in this country has nothing to do with former president donald trump facing more than 30 criminal counts for retaining top secret documents at mar-a-lago. no, to republicans, the biggest scandal out there is the fact that after many years of investigation, the justice department today reached a plea deal with president biden's son, hunter biden, in relation to two misdemeanors. a deal that allows him to avoid prosecution on a separate gun charge. the probe against hunter biden started under trump, continued under biden with a trump appointed prosecutor at the helm. it began in part because rudy giuliani and others were pursuing an allegation that hunter, and president biden had allegedly received a bribe from ukraine's energy company, burisma. the only problem? there seems to be no evidence of it. even in the republicans republicans touted as evidence, those apparently don't exist

either. we don't know if this is the end of the federal investigation into hunter biden, but we know the charges that republicans wish to prove against him are nowhere to be found into these court filings. so, faced with the reality that this could've been a nothing kids from the beginning, republicans are flipping the script. and they are finally letting us know what this is all about. >> this is an investigation of joe biden. this is still an investigation of joe biden. the president son, obviously as a person of interest in the investigation. but regardless, we are going to continue to focus on joe biden. we will continue to follow the money, hopefully we will be having more people in for depositions, and we will have a committee hearing very soon. >> joining us now, democratic congressman, eric swalwell of california, a member of the house judiciary committee. great to see you, thank you for being here. let me start by getting your reaction, saying hunter biden is a person of interest in the house gop investigation, this

has always been about getting to president biden. there is no subtext there, it is all just text. >> that's right. they don't know how to define president biden. one day they called him sleepy joe, one day they called him corrupt joy. i don't know he can be sleepy, and corrupt, they don't like him because he's not donald trump. so i'm not going to listen to mccarthy whine about this case, especially mccarthy's 400 days and to violating his own congressional subpoena. what's your viewers to know is that hunter biden has accepted responsibility, he paid the taxes, this was a trump lawyer, a trump appointee where half the investigation was done during the trump administration, none of the maga claims came true about what they wanted this to be. by the way, not a single democrat when the presidents son was charged, went out and threatened violence, as republicans do. to put this in further context, should someone go to jail or

not for this? roger stone owes $2 million and in backed taxes. the department of justice simply filed a civil claim against him. this is really to just be a demolition crew for donald trump without any regard to the reality. >> we talked about this as a black box where they were like, don't look over here, look over there. focus on what is happening over there, and in some cases, create this false sense of symmetry between what they were looking at with donald trump, and what they wanted to look at with the biden administration. of course, that symmetry does not exist. how much longer can they continue to do that before the american people say there is no there there? >> that is right. this is all about being the insurrection, llc law firm in congress for donald trump. we will see when they bring john durham before the judiciary committee to do the same thing. but alicia what we have seen, those two prosecutors now that donald trump appointed, who ran

their investigations during the trump administration. and all of these wild claims that the republicans made about hunter biden or russia amounted to nothing. so what we have to do is to go on offense and show that they are always projecting. they are the ones who failed to honor their own subpoenas as witnesses to the greatest crime ever in the united states, january 6th. they are the ones that seek to defund the fbi and pretend that date back the blue. we can't just sit back and take this. i think we have to counterpunch pretty hard here. otherwise they will own the narrative. >> they were reporting today that the prosecutor who handled hunter biden's investigation a trump appointee named david weiss said the investigation is still ongoing. what do you think he means by that? what is next? >> i think the president would say, just as he said with respect to the donald trump investigation, or anyone around

january 6th, is that the facts should be chased, run downed, and the rule of law should be applied across the board equally to everyone. so if hunter biden committed crimes, he should be held accountable. if he didn't commit crimes, he shouldn't be treated worse because the republicans want to punish the president. >> andrew weissmann these same republicans that want to defund the irs, and are against enforcing gun laws against the country are now complaining about the tax charge, and a gun deal made by a trump appointee. your reaction to that? >> yeah. it is very rich that they are touting and celebrating the hunter biden, that he has pled guilty to a gun charge. and he won't be able to ever own a gun again in his life. i will be interested in the nra takes us up at their next convention, as a give hunter his gun back. i can't imagine they will.

none of this is about a principle they stand on, whether it is second amendment, whether it is russia, whether it is the police, it is just reflexive lee, we have to own the libs. we are for the second amendment until it effects hunter biden. we support fighting russia, until joe biden defends the ukrainians. we are for the police, until -- it is just an own the libs agenda with no -- >> let me shift for a moment, and ask you about trump telling fox news last night he personally handed the boxes containing classified documents, and his delay returning such documents, is because he was concerned about his personal belongings including his golf clothing. >> yeah, alicia, there is no fox news privilege in the criminal code. so, i think that he is in real trouble. we saw a confession last night. my republican colleagues in congress trying to offer all of these defenses to donald trump

to save him, and he doesn't want their defenses, because his defense is that if i did it, it is legal. and here, this is what i did, therefore it is legal. he thinks that they're king, they want to save him, he's not asking to be saved because he thinks that he should be treated and held to a much higher regard than anybody else in our country. >> congressman eric swalwell, as always, thank you so much for making the time to meet with us. >> my pleasure. >> still ahead tonight, florida governor ron desantis, all of a sudden very quiet on two of his major moves to the far-right. that is next. and one year after the supreme court got rid of the constitutional right to abortion, the victims of that rule. they are speaking out and fighting back, stay with us. k, stay with us. hey bud. wow. what's all this? hawaii was too expensive so i brought it here. you know with priceline you could actually take that trip for less than all this.

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california's community schools: reimagining public education. landing in this city, later this month to hold a fund-raiser for his presidential candidate. should he be worried that law enforcement officials in the state are going to arrest him when he walks out of the plane? >> now we're getting into hyperbole. bottom line is, we are for accountability. >> i don't think it's hyperbole. you're the one raising the issue of criminality, potentially. >> potentially. yeah. >> yesterday, florida governor ron desantis touched down in sacramento california for a presidential campaign fund-raiser.

this was the first time desantis debt in foot in the state. since california governor, gallon newsom, trenton with kidnapping charges. the state eternity general, roberta, much tended vegetation into florida for flying 36 migrants from texas to sacramento earlier this month. the migrants, many of whom are asylum seekers, reportedly promised jobs, shelter, and support. instead, sacramento aid groups said migrants were left stranded outside of the city's catholic diocese. it took days for desantis and his ministration to admit that florida was responsible for those flights. that twisted political chess game, desantis quietly played, with the lives of 36 humans sparked a very public spout with california governor, gavin newsom, newsom called desantis a small pathetic man. and desantis responded in turn. >> he has a real serious fixation on the state of florida. i mean, i think it's just bizarre that he does that. but what i would tell, what i would tell him is, you know what, stop pussyfooting around.

are you going to throw your hat in the ring and to challenge joe? >> all that earlier noise, all that bravado, you might have thought desantis had plenty to say about his california rival, a private sacramento fund-raiser yesterday. where people paid 30 $300 to attend. desantis reportedly said next to nothing. barely anything, about his new favor political foil, governor newsom, nothing about deceptively transporting thousands of migrants across state lines. desantis, avoided reporters altogether. the best shot of him, the one you're looking at is of him and his motorcade leaving the event. despite all the bluster, and a chest pounding, the florida governor had done about his immigration policies in the alleged danger of leftist governments like newsom's, he was pretty quiet about it yesterday. in the meantime, the 36 migrants left stranded in sacramento, they are speaking out.

some of them tell local nbc affiliate, kcra, that they were made to sign documents they did not understand. they now believe they were deceived, and brought to sacramento under false promises. some of the migrants had immigration court dates scheduled in new york, and in florida. missing those scheduled hearings could derail their immigration proceedings. others were separated from family members. as of friday, just five of the 36 migrants have been reunited with their loved ones. that is the human cost of just one prong of desantis's new immigration policy. one of the strictest state level immigration crackdowns in this country. cited may, during a big splash-y ceremony. desantis's new bill includes more money to fly migrants to liberal cities. requires hospitals to ask patients about their immigration status. expands the use of e-verify, to check workers immigration status and enact other draconian measures. that law is set to take effect on july 1st. and already, businesses, workers, and latino conservatives are speaking out

against it. terrified about what this law will mean for the states immigrants, and the businesses, and for its economy. florida policy institute estimates undocumented workers make up almost 10% of the workforce in florida's most labor intensive industries. like construction, and agriculture. we are losing such a large swath of the workforce, it would be devastating. in fact, florida republicans were seen earlier this month begging latinos not to leave the state, despite this new law. >> this is 100% supposed to scare. you i'm a farmer, and the farmers are matters hell. we are losing employees that are already starting to move to georgia and other states. >> and now, the republican governor turned presidential candidate, who has loudly placed himself at the center of national culture wars, is uncharacteristically quiet. just like he was early this

spring, when he signed one of the most draconian abortion bans in the country. in april, he signed a six-week ban. six weeks, that would block millions of floridians from abortion care. he did that quietly, and behind closed doors. making florida the 16th state since roe was overturned last year, to either totally ban abortion, or block it after six weeks. which, of course, is before most people know they are pregnant. that florida law is currently tied up in state court, but the state is part of a growing trend of red states banning abortion in the past year. despite the potential political consequences, and the very, very real human cost. more on that, next. more on that, next i want to keep it real and talk about some risks. with type 2 diabetes you have up to 4 times greater risk of stroke, heart attack, or death. even at your a1c goal, you're still at risk ...which if ignored could bring you here... ...may put you in one of those... ...or even worse. too much? that's the point. get real about your risks and do something about it. talk to your health care provider

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so you only pay for what you need. act now and get iphone 14 pro max on us when you switch. it's your verizon. >> last year, elizabeth weller was 19 weeks pregnant with her first child. when she says, she felt something, quote, shift, in her uterus, and her water broke. well or said she screamed because, quote, that's when i knew something wrong was happening. this transpired more than a month before the supreme court, which strike down the federal right to an abortion. but for pregnant texans like well or, nearly all abortions were already illegal. that's because of a 2021 state law forbidding determination of a pregnancy in fetal cardiac activity is detected. texas's abortion law has one exception for a, quote, medical emergency. that phrase is so vague that hospitals are often reluctant to offer the procedure until emergency becomes indisputably dire. that left leg weller with a

possible options. >> i could either stay in the hospital to wait for my baby to die, at which point i could get the abortion i needed to protect my health. or i could go home, and wait for either my daughter's death, or for an infection to develop that might cause my own demise. we asked about going to another state. but my doctor, concern for me, said the traveling was too dangerous. the darkest week of my life began, as i left the hospital, and amniotic fluid actively leaked down my legs. >> that was weller, this afternoon, telling her story at a white house roundtable with first lady, jill biden. marking nearly one year since the fall of roe. new polling from usa today and suffolk university finds that states efforts to restrict abortion access has only made people more supportive of abortion rights. that support echoes a point made by vice president, kamala harris, earlier this evening, during an abortion roundtable with our colleague, joy reid. >> this is an issue that all

americans should care about. independent of the choices they would personally make for themselves, right? this is fundamentally about freedom. the right to make decisions about your own life, and your own body. this is a foundational principle for our country. we are founded on the notion that government should, at some point, stay out of people's business. >> joining us now, nancy north, the president and ceo of the center for reproductive rights. a year since the fall of row this added a, take a big step back for me. tell me where you think we are today, in the fight for reproductive rights. >> let me just start with today. >> police. >> which is the first lady, sitting around the table with four women who've had pregnancy crises. had to have abortions what were denied because florida and texas and louisiana. we didn't say this before the

reverse of roe v. wade. that you would have at the highest level, this kind of conversation. the personal conversations that families have been hovering around the kitchen table for a long time. to see it at the white house. so one way to answer where we are today is that the nation is now talking. another thing to say is that it's tragic. because these four women represent thousands, who are going through a crisis right now. they can't make their own health care decisions. >> for years, reproductive rights advocates have said abortion is health care. and in some ways, the fall of roe, and what has followed after all of these stories being shared, it has made that point tenfold. >> that's absolutely true. the fact that you can have a pregnancy complication, and not be able to get access to what is the standard of care, which is terminating the pregnancy. and we are seeing it. we have filed the standard for reproductive rights a lawsuit of against the state of texas on on behalf of elizabeth and 12 other women. it represents the tip of the

iceberg of what's happening -- >> talk to me about the lawsuit, it's one we've been following. where does it stand? where do you expect it to go? >> we just added more plaintiffs. that's people who are suing. when we followed the lawsuit in march, after that, dozens of women were calling and saying i'm in the circumstances to. so now we've asked for a preliminary injunction. we are going to ask the court to make a ruling, saying that women in the circumstances, pregnant people in the circumstances, need to be able to get access to abortion care. the hospitals, the doctors, they need clarity. they don't want to do. they're facing 99 years in prison. >> a lot of people, we talk about this, we look for winds and defensive winds. they end up getting marked as winds. because things could've gone a different direction. it is striking to me that you are using the courts as a means of attempting, as best you can in this environment, to expand reproductive rights. a lot of people say it's all about the next election, look at the next election. tell me about the role you think the courts are poised to play, should cases like this --

>> one thing people have to remember is that you've got two sides of rights, protections at the federal level, with the united states constitution, and at the state level with state constitutions. so big win this year in south carolina, the highest court in south carolina saying the state constitution protects the right to abortion. voters in michigan putting the right to abortion in their state constitution. and in these cases like the one that we got in texas, we are looking to state law to say, let's be sure that people can get the care that they need in these emergency obstetric situations. >> we are still of course waiting for the ruling on mifepristone. i visited an abortion clinic in brooklyn where they are stockpiling missile preston, and case they're not able to use the two-step gold standard protocol. how is your organization preparing for the possibility of that ruling? >> well, for one thing, we filed a lawsuit as well, trying to get the court to say no, the fda decision was right. and let's keep it where it is. we are also working to make sure, you know, the texas case,

which is now in front of the court of appeals, probably heading towards the supreme court. it's so important that a whole range of voices be heard by the courts. including, major pharmaceutical companies. this doesn't just threaten the approval of the abortion medications. it also affects the approval process for all medications. that's what happens when we try to upset the rule of law, the way that has been totally unleashed after roe v. wade was reversed. >> one of the things i'm most struck by when we had these conversations, or these graphics we pull up of the places where abortion is now so limited that people have to travel out of state, the passage of north carolina's 12-week ban. it means in a few short weeks, another state in the south will further restrict abortion access. you have its south carolina law makers passing a six-week abortion ban, that has an impact for the women who live in those states. but it also has an impact for all of the states that those women will be traveling to, in order to access care. >> that's absolutely true.

providers have done a wonderful job in states where abortion care is legal, to make sure that they can absorb the patients that are coming in. you had clinics that have moved to other states. but nevertheless, think about the burden on the people having to travel across multiple state lines. and, everyone needs to remember, like the women who met with the first lady today. you might be in a pregnancy crisis, and you can't travel. so it is now dangerous to be pregnant in any of the states that ban abortion. if you have a crisis, in your pregnancy, you don't know whether you will be able to get the standard of care, which could mean having to terminate the pregnancy. and being told to go home, and wait until you have sepsis. which has happened over and over again. so, everyone in those states, who is pregnant, is vulnerable. >> i've about a minute left, but i do want to ask you, given that were coming up on the one year anniversary of the fall of roe. it was such a motivating issue in these past midterms, i mean,

it truly came to define these midterms. a year out, do you think that that intensity has increased? do you worry at all about it diminishing? >> oh, i think it has been sustained. and it will be sustained. we obviously saw it in the midterms. but you know, people are experiencing it every day. right, for themselves, for the people they love, for their friends. so this isn't something that is going to go away. you know, they kept saying the, pendants before the midterms, every once moved on. absolutely not. people care deeply about this issue. the public is with us. we are going to continue to see that. >> even people who do not consider themselves pro-choice, often said this is government overreach. and i don't like it. it's what you saw in a lot of. states nancy northup, president and ceo for the center for reproductive rights. thank you so much. one final story ahead here tonight, one of the lawyers who pushed the fake electors scheme for donald trump in 2020, was on the stand today, and could

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trump's actions after losing the 2020 election are still the subject of federal and state investigations. one of the key players in the aftermath of that election is also facing legal fallout. conservative attorney, john eastman, today began defending himself against 11 disciplinary charges brought by the state bar of california. the hearings are scheduled to take more than a week, and at

the end, the court could recommend that eastman's license to practice law in the state is suspended or revoked. eastman was hired by donald trump to represent him in december of 2020. in connection with the 2020 presidential general election, including, matters related to the electoral college. in that capacity, eastman drafted a memo in which he argued that then vice president, mike pence, had the power to overturn the election results why presiding over the counting of electoral votes in january 6th, 2021. that theory, of course, underpinned much of the rage against pence by the mob that stormed the capitol that day. but this disciplinary hearing is not the only major consequence that eastman may be facing. fbi agents seized eastman's cell phone last summer, reportedly at the behest of the justice department's inspector general. also last summer, federal judge agreed that his emails, to be released to congressional investigators, because he found it, quote, more likely than not that president trump and dr.

eastman dishonestly conspired to obstruct the joint session of congress on january 6th, 2021. last winter, the january 6th investigation in the house referred eastman to the justice department for prosecution. presumably, that referral, along with whatever the fbi found on eastman cell phone, had been passed on to special counsel, jack smith. he has yet to announce any results of his criminal investigation into january 6th. we are also waiting charging decisions by fulton county, georgia district attorney, fani willis. he's been testified before her special purpose grand jury last summer, maybe this is a good time to remind you that shortly after january 6th, he went and wrote an email to fellow trump attorney, rudy giuliani. in which he said, and i quote, i've decided i should be on the pardon list. if that is still in the works. that does it for us tonight, i'll see you again tomorrow, now it is time for the last word with lawrence o'donnell. good evening lawrence.