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 in for alex wagner. good evening, alicia. -- >> it's actually never been clearer than in covid. thank you very much. that is "all in" on this tuesday night. alex wagner tonight starts right

now with elycia menendez in for alex. >> reporter: the bread and butter of conservative media for years now has been hyping up the investigation into president biden's adult son, hunter biden. it's never been seen to end. they used it to create asymmetry that didn't really exist between trump's alleged crimes and what they speculated was the crime ridden biden family, and 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. and even though that was the case, even though republicans have been dining out on this 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 hunter's case resolved immediately. well, today we have some closure in that case.

today we got the news hunter biden is expected today enter a plea deal for two tax misdemeanors in that investigation. he's also expected to strike a deal with prosecutors to resolve a felony gun charge, all of which means that 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? they want accountability and prove the justice department was fair and balanced and prosecute whoever they were. they should be satisfied now, right? can we talk a bit about the hunter biden plea deal and your reaction. >> my first reaction is it continues to show the two-tiered system in america. if you are the president's leading political opponent doj tries to literally put you in jail and give you prison time.

if you are the president's son, you get a sweetheart deal. so the goal posts have moved. it's likely no matter how the hunter biden investigation played out the republicans would never really be satisfied. this is exact lewhat most republicans said they wanted, but in the words of former president donald trump people are going wild over the hunter biden scam with the doj. today conservatives and conservative media threw an absolute fit claiming this plea deal is evidence the doj went too easy on hunter and how it's all evidence of a two tiered justice system. that could not be farther from the truth. let's look at the two cases. first, there's the investigation into 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. when biden took office he could have easily replaced delaware's

u.s. 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 administration. but here's 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 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. biden has said the trump appointed 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 president's son. then there are the investigations into president trump. just last week we got this reporting from "the new york times" detailing how special

counsel jack smith is being as deferential 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 magistrate designed 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 imposed virtually no restrictions on him at all. jack smith opted not to impose conditions routinely impotioned on other defendants like cash bail, limits on domestic travel, turning in his passport. smith was so lenient and deferential to trump the magistrate judge actually pushed back against this and imposed some restrictions on trump against smith's wishes. that's just in the courtroom. the actual charges against trump are also tellingly deferential.

smith seems to have purposely left out a charge listed in the affidavit the justice department filed to obtain a search warrant from mar-a-lago last summer, a charge about the concealing and mishandling 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 forfeit their office and be disqualified from holding any office in the united states. trump is seemly getting every accommodation possible. no mug shots or bail or anyone else normal defendants have to deal with, while at the same time doj made sure to treat hunter biden by the book. the idea trump is being prosecuted unfairly, that's absurd. here's bill barr in an op-ed 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 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 is good chance that date could get push back, but the august date is significant nonetheless. trump's case is being handled by the trump appointed judge, aileen cannon, who's been deferential to trump in the past. you remember that. so there's worry she might use this case to help trump delay it. at least so far that does not seem to be the case, and that means 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 presidential primary debate. that too 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.

and then there was fulton county district attorney fani willis and it was a signal from some point from late july through august she'll likely announce yet another set of charges against former president trump. whatever trump's summer vacation plans are, they better be refundable. joining us now former u.s. attorney and msnbc contributor joyce vance, and lisa rubin. republicans are calling it a sweetheart deal and a two tiered justice system. from you, from a legal perspective how do you see this sph. >> well, it's 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 sort of 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 misdemeanor, not a felony. the gun charge is a little 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 puts 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, and 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's some sort of underlying connection of that gun to another crime, this is almost never charged, so it's a little bit surprising to see it here. >> there's the plea itself,

lisa, and then also the way this case has been handled. u.s. attorney david weiss sent a letter to jim jordan. this is back in june making it clear a.g. garland give him full authority. quote, while your letter does not specify by name the investigation subject of the committee's oversight its contents that your if inquiry is related to my district. if my assumption is correct i want to make clear that as the attorney general has stated i have been granted ultimate authority over this matter including responsibility for deciding where, when and whether to file charges on making decisions necessary to provide integrity of the prosecution consist with federal law, the principles of federal prosecution, and departmental regulations. talk to me about the other steps that weiss took to make sure this was in fact fair. >> one of the things he did was ensure this was handled by people outside his office. you know as well i do outside

delaware the bidens are practically royalty. and there really aren't any people in delaware that haven't had a touch point with the biden family. they brought in prosecutors. one i find interesting he's a prosecutor been the principal prosecutor and i think that was also an important strategic consideration for david weiss. >> a trump appointed a.g. saying to jim jordan, chill out, i've got this. >> there's some people on twitter today making the point that david weiss isn't really a trump nominee because he had to be blue slipped or approved by two democratic senators in delaware.

the choice below at the end of the day to the president, yes, maybe david weiss had to be palatable, but he was still the choils of former president trump just like jeff berman was in the southern district of new york. maybe he was not the most partisan person to be appointed but he's still acceptable to the white house and department of justice handling those investigations at the time. it's sort of a preposterous defense. >> judge aileen cannon has set the trial date to begin august 14th. put that on your calenders. run for two weeks. that start date just 5 # days away. how unusual is this given federal trials can take up to year or more to prepare? >> well, this is a standard sort of order that you see issued in miami and other districts where the judges are committed to moving their cases along as quickly as possible. you know, this reflects the 70 days that the speedy trial act gives the government to bring a case to trial, but no one really

expects this august date will hold. there will be complications due to the handling of classified information. and there's very likely to be a request at least from the trump folks asking judge cannon to revisit the d.c. judge's decision that doj would be permitted to use information gleaned from one of trump's own attorneys. that will likely involve a decision from her and probably an appeal to the 11th circuit by the aggrieved party if they can get it into an appealable posture. so that august date unlikely, but i don't think that judge cannon will brook a lot of delay if she wants to act consistently with how other judges in her district behave, and that's the real unknown here. will she continue to behave like she did up the mar-a-lago search warrant challenge or 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 really hard to understand because this is a person who threw her special master order a year plaus ago, gave ray deery, he was then the special mast, more time to conduct a review of the seized materials trump said either belonged to him or privileged or otherwise should be excluded from the investigation. she took more time for that process than she's allowed between indictment and trial for the very same matter a year earlier. so this sort ofswiing wildly between delay, delay, and let's go as fast as we possibly can is really hard for me to understand, and it's my hope judge cannon reaches a happy, calm medium in her administration of justice in this case. >> joyce, talk to me about the time line here, how cannon's time line potentially complicates things for fulton county d.a. willis who we all know signaled a timetable for possible charges against trump.

>> right. so if fani willis does file her charges in august now we'll have three different judges in three jerks all competing to get the same defendant into their courtroom. as we discussed, this august trial setting in the southern district of florida is not a real setting. everyone knows there'll not be a trial in august but at some point in the future. judges are used to situations like this where they have to coordinate and work together. it may be the cases earlier filed, perhaps the case in manhattan is the first one, and the federal case will move forward, but that's something that will have to be work out among everyone involved in prosecutions. >> i want you both to listen quickly with president trump in an interview with fox discussing the documents he discussed in a recording during a 2021 meeting in bedminster, new jersey. >> there was no documents.

that was a massive amount of paper and everything else talking about iran and other things merchandise and it may have been held up or may not, but that was not a document. there was nothing to declassify. these were newspaper stories, magazine articles. >> he has a right to remain silent. this is a choice. so if you're his attorneys what are you saying to him? >>lic, there's a reason lot of people have refused this assignment and that's because this is an ungovernorable client. every bone in my body thinks he should remain silent because his admission said are building with each and every media appearance he does. i think most people in criminal defense watch this aghast thinking and i think they're doing the best they can -- the only counsel he takes is his own. >> and joyceverb if you're the prosecutors and watching that

interview. >> well, you're certainly cataloging all the president's, the former president's public appearances and making yourself a big batch of tapes you may end up playing in case in chief or cross-examination of the witnesses. because every time trump makes one of these public statements he's potentially contributing to the large pile of evidence that the government has against him. he's 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. prosecutors will hope for a similar smoking gun here, and if the former president doesn't learn to quit talking they're very likely to have it. >> former u.s. attorney voice vance, msnbc analyst lisa rubin thank you for being with us.

when we come back the political divide in the investigations between donald trump and hunter biden. congressman eric swalwell joins us next. but florida governor ron desantis was quiet on two issues he's made major changes to, abortion and immigration. stay with us. s to, abortion and immigration stay with us

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if you are 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 trump facing more than 30 criminal counts on top secret documents in mar-a-lago. for republicans the biggest scandal out there is after many years of investigation the justice department today reached a plea deal with president biden's son, hunter biden in relation to two tax misdemeanser, a deal that allows him to avoid prosecution on a separate gun charge. 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. the only problem of this allegation is that there seems to be no evidence of it. and even the recordings the

republicans touted as evidence, those apparently don't exist either. we do know that the charges republicans wish to prove against him are nowhere to be found in today's court filings. so faced with the reality this could have been a nothingberger case from the beginning, republicans are flipping the script and are finally letting this know what this has all been about. >> this is an investigation of joe biden. this is still an investigation of joe biden. the president's son obviously is a person of interest in the investigation, but regardless we're going to continue to focus on joe biden. we're going to continue to follow the money. hopefully we'll be having more people in fordes, and we'll have a committee hearing very soon. >> joining us now democratic congressman eric swalwell of c. congressman, great to see you. thank you for being here. let me start by getting your reaction to congressman comer's remarks today saying while hunter biden is person of

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

jail for this, roger stone owes $2 million in back taxes, and the department of justice simply filed a civil claim against him. this really would just be a demolition crew for donald trump without any regard to, you know, reality. >> in the last block we talked about this as sort of a black box where they're like don't look over here, look over there. focus on what is happening over there in some cases create this false sense of symmetry with what they were looking at with donald trump and want to look at. my question is how much longer can they continue to do that before the american people say there is no there there? >> that's right. and this is all about being -- you know, the insurrection llc law firm in congress for donald trump. tomorrow we'll see this when they bring john durham before the judiciary committee to do the same thing. what we've seep there's two prosecutors now that donald

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

that, you know, the facts, you know, should be chased, run-down, and the rule of law should be applied across the board equally to everyone. so if hunter biden, you know, committed crimes, he should be held accountable. if he didn't commit crimes, he shouldn't be treated any worse just because republicans want to punish the president's son. >> andrew wiseman made the case today the same republicans want to defund the irs are complaining now about a tax charge and a gun deal made by a trump appointee. your reaction to that. >> yeah, it's very rich that they are touting and celebrating hunter biden will plead guilty to a gun charge and won't be able to ever own a gun again in his life. i'll be interested if the nra takes this up at the next convention as give hunter his gun back.

i can't imagine they will. because, again, none of this is about a principle they stand on whether it's second amendment, whether it's russia, whether it's the police. it's just reflexively we have to own the lib. we're for the second amendment until it affiliates hunter biden. we support russia until joe biden defends the ukrainians. it's just an own the libs agenda with no core set of principles. >> let me just just for a moment and ask you about trump telling fox news last night he personally handled the boxes containing the classed documents and that his delay in returning such documents is that he was concerned about his personal belongings including his golf clothing. >> yeah, elycia, there's no fo news privilege in the criminal code. i think he's real trouble. we saw a confession last night. again, my republican members in

congress try and offer all these defenses to donald trump to sachb him, and he doesn't want their defenses. because his defense is if i did it, it's legal. and here this is what i did, therefore it's legal. he thinks they're king, they want to save him. he's not asking to be saved because he thinks he should be treated and held, you know, 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 be with us. >> my pleasure. >> still ahead here 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 ruling, well, they are speaking out and fighting back. stay with us. d fighting back. stay with us

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

this was the first time desantis stepped foot in the state since california governor gavin newsom threatened him with kidnapping charges. he launched an investigation into florida for flying 36 migrants from texas to sacramento earlier this month. the migrants many of whom are asylum seekers were reportedly promised jobs, shelter, and support. instead sacramento aide groups said migrants were left stranded outside the city's catholic diocese. it took days for the administration to admit florida was responsible for those flights. that twisted games with the lives of 36 humans sparked a spat. newsom called him, quote, a small pathetic man, and desantis responded in turn. >> he has a real serious fixation on the state of florida. i mean i think he's just bizarre that he does that. but what i would tell him is you

know what, stop -- footing around. are you going to throw your hat in the ring and challenge joe? >> given all that earlier noise, all that bravado, you might have thought desantis had plenty to say about his california rival at a private sacramento fund-raiser yesterday, one people paid 3,300 to attend, but desantis said next to nothing or really anything about his new favorite political foil, governor newsom. nothing about deceptively transporting dozens of migrants across state lines. desantis avoided reporters all together. the best shot of him, the one you were looking at is of him and his motorcade leaving the event. despite all the bluster and chest pounding the florida governor had done about his immigration policies and danger about the leftist governments like newsompism he was pretty quiet about it yesterday. in the meantime they are speaking out. some of them tell nbc local

affiliate kcra 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 dates and 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 problem with desantis' new immigration policy. the strictest state level immigration crack downs in this country. signed in may during a big splashy ceremony, desantis' new bill includes more money to fly migrants to more cities, expands the u.s. of being verified to check workers immigration status and 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 state's immigrants, the businesses and for itschy. the florida policy institute estimates undocumented workers make up almost 10% of the work force in florida's most labor-intensive industries like construction and agriculture. we're losing such a large swath of the workforce would be devastating. in fact florida republicans earlier this month were begging latinos not to leave the state despite this new law. >> this bill is 100% supposed to scare you. i'm a farmer, and the farmers are mad as hell. we are losing employees. they're 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 earlier this spring when he signed one of the most

draconian abortion bans in the country. in april he signed a 6-week ban, six week that will block millions of floridians from abortion care. 16 states 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. a growing trend of red states banning abortion since last year. despite the potential political consequence and the very, very real human cost. more on that next. real human cost. more on that next.

last year sliz beth weller was 19 weeks pregnant with her first child when she says she felt something, quote, shift in her uterus and her water broke she said she screamed because, quote, that's when i knew something was happening. this transpired more than a month before the supreme court would strike down the federal right to an abortion. for texans like weller nearly all abortions were already illegal that's because of a 2021 state law forbidding the termination of a pregnancy when fetal cardiac activity is detected. texas' abortion law has one exception for a, quote, medical emergency, but that phrase is so vague hospitals are often reluctant to offer the procedure until an emergency becomes the disputably dire that left weller with impossible 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 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 kerneled for me said that 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 white house round table with first lady jill biden marking nearly one year since the fall of roe. new polling today finds the state's efforts to restrict abortion access has only made people more supportive of abortion rights, and that support echoes a point made earlier this evening by 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 decision about your own life and own body. this is foundational principle in our country. we were founded on a notion that government should at some point stay out of peoples business. >> joining us now the president and ceo of the center for reproductive rights. a year since the fall of roe this saturday. take a big step back for me and tell me where you think we are today in the fight for reproductive rights. >> well, let me just start with today which is the first lady sitting around the table with four women who have had pregnancy crises, had to have abortions but were denied because florida and texas and louisiana, and we didn't see this before the reversal of roe v. wade that you would have at the highest level the kind of

conversation, the kind of personal conversations it families have been having 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. the other thing to say is it's tragic because these four women represent thousands who are going through a crisis right now because they can't make their decisions. >> for years republicans have said abortion is health care and for some reason the fall of roe and what has followed after, all of these stories being shared, it has made that point ten fold. >> 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 at the center for reproductive rights a lawsuit against the state of texas on behalf of both elizabeth and 12 other women, and they represent the tip of the iceberg about what's happening right now. >> talk to me about that lawsuit because it's one we have been following.

where does it stand? where do you expect it to go? >> we just added more plaintiffs, people who are suing because when we filed the lawsuit in march, after that dozens of women were calling and saying i'm in these circumstances too. we're not asking for a preliminary injunction and going to ask the court to make a ruling saying pregnant people in these circumstances need to be able to get access to abortion care. the hospitals, the doctors need clarity and they don't know what to do because they're facing 99 years in prison. >> a lot of times we talk about this we look for wins and defensive wins because things have gone in a different direction. it is striking to me 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 courts are poised to play should cases like this be brought. >> one thing people have to remember is you've got two sets

of rights, protections at the federal level with the united states constitution and at the state level with state constitution. so big win this year in south carolina. the highest court in south carolina saying the state constitution protects the right to abortion. you know, voters in michigan putting the right to abortion in their state constitution. and in these cases like the one we brought in texas, we're looking to state law to say let's be sure people can get the care they need in these emergency obstetric situations. >> we're still waiting on the decision. i visited a clinic where they're stockpiling mifepristone. >> 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're also working to make sure, you know, the texas case which is now in front of the court of

appeals probably heading to the supreme court. and it's so important that a whole range of voices be heard by the court including major pharmaceutical companies. i mean, 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 have these conversations is the graphics we pull up where abortions are so limited where people have to travel out of the state. it means in a few shofrt weeks another state in the south will restrict abortion access. you have a south carolina law passing a six-week abortion law. i mean that has an impact for the women who live in those states but also has an impact for all of the states where those women will be traveling to in order to access care. >> that's absolutely true, and providers have done a wonderful job in states where abortion

care is legal to make sure that they can absorb the -- the patients that are coming in. and you had clinics that have moved to other states. but nevertheless think about the burden on 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 because 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 a 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's pregnant is vulnerable. >> i have about a minute left, but i do want to ask you given we're coming up on the one year anniversary it was such a motivating issue in these past mid-terms. i mean it truly came to define these mid-terms.

a year out do you think tat 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 mid-terms. but, you know, people are experiencing it every day, right, for themselves and the people they love, for their friends. so this isn't going going to go away. they kept saying the pundits before the mid-terms, oh, everyone's moved on. absolutely not. people care deeply about this issue, the public is with us, and we're 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. that's what you saw in a lot of states. president and ceo for the center of reproductive recognizes thank you so much for staying with us. one final story here tonight one of the lawyers who pushed the fake elector scheme for donald trump in 2020 was on the stand today and could lose his law license. that's next. and could lose his law license. that's next.

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well, former president donald 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 make 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 the then-vice president mike pence had the power to overturn the election results while presiding over the counting of electoral votes on january 6, 2021. that theory, of course, underpinned much of it rage against pence by the mob that stormed the capitol that day. but this disciplinary hearing is not the only major consequence eastman may be facing. fbi agents seized eastman's cellphones last summer reportedly at the behest of a justice department's inspector general. also last summer a federal judge agreed that his e-mails should 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 6, 2021.

and 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's cellphone has been passed along to special counsel jack smith. he's yet to announce any results of his criminal investigation into january 6th. and we are also awaiting charging decisions by fulton county district attorney fani willis. he's testified before her special purpose grand jury last summer. shortly after january 6th he wrote an e-mail to former trump attorney rudy giuliani in which he said and i quote, i've decided i should be able to pardon this, if that is still in the works. that does it for us tonight. i'll see you again tomorrow. "way too early" with jonathan lemire is up next. many of them nikki haley is at 2%. she hasn't cotton because everyone knows she's highly