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tv   The Reid Out  MSNBC  July 31, 2023 4:00pm-5:01pm PDT

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by example. this was before the recent hollywood strikes. now we have writers, actors and many daily workers behind the scenes sacrificing their wages. their sense of security. their planning for paying rent in a collective effort to try to advocate for a fair, equitable system for the people who created so much of the culture. culture that as we briefly saw tonight, can still shape peoples views and ideas. that does it for us. the reidout starts now. now tonight on the reidout. >> the work is accomplished. we've been working for two and a half years. we're ready to go. >> with bonnie willis maybe ready to hand trump a fourth indictment, the mar-a-lago manager accused of scheming with trump to cover up his classified
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documents makes his first appearance in court. also, the incredible shrinking campaign. desantis trailing trump by a mile with a former supporter saying he doesn't understand the voters. plus, samuel alito saying congress has no business of imposing ethics. ethics. and good evening, everyone. i am back from a long weekend in the glorious british virgin islands. like a summer vacation, long or short, has this abrupt ending where reality kicks back in, well, in this case, reality has a familiar vibe. it is called the waiting game and that's where we begin tonight. for donald trump, that means waiting to see whether fulton county, georgia district attorney willis and or jack
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smith will run up his tally of indictments to three or four before the end of the summer with both prosecutors focusing on his efforts to overturn his failed 2020 re-election bid. this morning, a judge in georgia rejected trump's latest efforts to stop willis' investigation. that after willis said this over the weekend. >> i make a commitment to the american people but most importantly, the citizens of fulton county that we were going to be making big decisions regarding the election and i would do that before september the 1st of 2023 and i'm going to hold true that commitment. >> tick-tock. as for the special counsel, all eyes will be on a d.c. grand jury that as early as tomorrow could share whether trump has been indicted on federal charges, trying to overturn his 2020 election laws. for others not named trumped like his co defendants in the classified documents case, the
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only waiting game is about waiting to find a local attorney willing to take on his case because the time felt quick, fast in a hurry. you saw that with walt nauta who took more than three weeks to find a local lawyer following his first appearance alongside trump last month. and that now appears to to be the case with carlos de oliveira who still works as a property manager at mar-a-lago. his charges include not only helping to move the classified documents out of a storage room but also his alleged involvement in a scheme to destroy security camera footage, showing those movements then lying to authorities about it. he made his first appearance in court today but because he was without a local attorney, his arraignment was rescheduled to august 10th. as for trump, i can't tell whether he was trolling himself or being trolled but listen to the lyrics of a song playing as he took the stage in des moines,
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iowa on friday. ♪ one could end up going to prison one just might be president ♪♪ maybe that was just a coincidence. who knows. one thing we do know is that his campaign has been in overdrive. fund raising off of all these investigations. and there's a good reason for that. trump is using the money to pay for his legal defense. "washington post" reports that trump's save america superpac has spent more than $40 million on legal costs in the first half of this year. this year alone. to defend trump, his advisers and others. the post adds that total is more than any other expense the pac has incurred during trump's 2024 campaign and according to federal filings from earlier this month, more than trump's campaign raised in the second
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quarter of 2023. joining me now is attorney lisa ruben and glenn kish kirschner. lisa, the superpac is supposed to be for his campaign but the fact he's diverting money and essentially having his you know, supporters who aren't rich people pay for his legal defense seems odd to me. is it legal? >> it's questionable. one of the questions that i think the january 6th investigation has been looking into, by that, jack smith's investigation, is whether or not there's fraud involved when you're raising money and telling people that money is for your election and for your political life and then diverting those funds as you just said, to the legal defense of yourself and others. we know that one of the things that jack smith's folks have looked at is whether that constituted the ordinary crime of federal wire fraud. when you're basically using the wires here, e-mail fund raising, text fund raising, to convince
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people to give you money even in small increments for electoral purposes and yet then using them for something wholly other than your electoral future. >> it is odd. glenn, let's go to carlos. yet another one of these low level guys. he works at mar-a-lago. let's talk about sort of his journey. he works for trump like nauta. here's what "the washington post" had to say about him as he went from failed witness to defendant. the prosecutor dissatisfaction came in april when he was given a proper session, an interview where they meet with a person to decide if they have valuable information to offer an investigation. the kind that could lead to a plea deal. after the session, people familiar said prosecutors told his lawyer they believed he was not being truthful and he should except to be charged. what do you make of that that? is this the way this normally goes that someone like him who
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is not charge nd the first set of indictments, he gets charged in the superseding indictment? does that say to you he was somebody they thought they could flip then couldn't? >> yes, joy, and there are two breaking points for somebody who's the target of a grand jury investigation. one breaking point is typically before the indictment comes and i suspect jack smith worked long and hard on de oliveira and said listen, you can either cooperate. you can agree to testify truthfully against donald trump and anybody else about who you may have incriminating information or you will be indicted. when you're dealing with people you would like to bring on board as cooperating witnesses, it's still theoretical. it's not concrete because they haven't seen their name as an indicted defendant. as we say on the wrong side of the v. united states of america versus carlos de oliveira.
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try as i might as former federal prosecutor, i couldn't always convince people like him to come on board. to try to make right what he did wrong previously so i made good on my promise and i would indict that person. then it becomes very real. seeing your name on that indictment has a way of focusing one's attention and one's mind and priority. so i suspect they are again going to be working to see if he now wants to cut his losses. he will not get as generous a plea offer from the prosecutors as he would have gotten pre indictment but now the real battleground is will he get conflict-free counsel who will have his best interests at heart rather than donald trump's. >> that's the thing. it all does kind of feel lisa like we're dealing with a mobster. a lot of this feels mafia like. you've got people who are
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representing multiple people. some of whom could be witnesses, some being indicted. that's the case for a couple of these lawyers. i want to go through the timeline. this also feels very mobbish. so you've got on june 22nd. trump gets warned a subpoena for the security cameras is coming from doj. that's coming. june 23rd calls de oliveira. this guy who's like the manager at mar-a-lago gets a phone call from the former president. they're on the phone for 24 minutes. june 24th, the doj delivers a formal subpoena. nauta then tells, he's then told trump wants to speak with him. then nauta on june 25th returns to mar-a-lago, meets up with de oliveira and they search on locations on the surveillance cameras. on june 27th, de oliveira goes and speaks with a guy named
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tavares in the superseding indictment about deleting the video servers. let me read from the indictment. told taveras that he want, that trump, the boss, wanted the server deleted. employee four responded he would not know how to do that and did not believe he would have the rights to do that. employee four told him that he would have to reach out to another employee who's a supervisor of security for trump's business operation. organization. he then insisted to trump employee four that the boss wanted the server deleted and asked what are we going to do. we now know, lisa, that this trump employee four, tavares, he got a target letter. he previously got a target letter in the classified documents probe. does that tell you all of these low level employees are being interviewed by the fbi and they
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have a choice as glenn just said. be a witness to the government but you're about to get indicted. >> you know, we don't have formal proof that tavares is officially a signed up cooperator or that he made a deal with prosecutors but joy, it looks like that's what happened. we know he went in, spoke to the grand jury in may. then trump and nauta were indicted. for him, that seems like it was the pivot point. it was there after that tavares according to public reporting, decided he had quote, more information than he wanted to give to investigators. we also know from public reporting that it was at that point that it was decided that he needed some form of independent counsel. he does have that counsel or at least had it when he spoke to investigators and we know from public reporting that that counsel is not being paid for by save america, the trump
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leadership pac, that has spent $40.2 million in the last month on trump's legal expenses. my expectation is seeing trump and nauta's name on the other side of tavares, that was enough. plus the target letter to get him to at least come to the table and tell more of his truth to investigators and whether or not he's formally cooperating remains to be scene. >> this is where it gets juicy. to the point lisa made. we know there's a guy made john irving representing de oliveira. stanley woodward, he's representing walt nauta and also, ding, ding, tavares. there's all these people representing multiple people but now we've got one more filing today. glenn. special counsel turned over the third production of discovery to trump and nauta including all of
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the witness interviews and grand jury transcripts as well as any witness deals. the government will disclose payments, promises of immunity, leniency or other inducements made to prospective government witnesses. et cetera, et cetera. glenn. trump is now going to know who got offered deals. and then what could he do with that? >> well, first of all, what could trump do with it? he could, let me use the term mob lawyer. i'm not accusing anybody of being a mob lawyer but when we hear the term, what does that conjure up? the mob boss gets a lawyer or lawyer for all of his underlings. his wise guys. because he wants to keep them all close. he wants to keep them into the fold and here is the thing. the sixth amendment right to counsel in the constitution provides that not only does everybody have a right to counsel, you have a right to
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zealous counsel, effective counsel and most importantly for our purposes here, conflict-free counsel. so it's going to be so important for the prosecutors to do whatever they can and there are some things that they can do. they can ask a judge to appoint conflict-free counsel for purposes of roaching possible cooperation if you know the lawyer happens to be somebody doing the boss's bidding rather than representing the interest of the client but this has to drive donald trump nuts every time he gets a discovery dump like this. he is seeing in black and white that more people who were telling him at mar-a-lago you the man, it's a witch hunt, you did nothing wrong. now he sees what they are really saying and it's got to drive him nuts but the sense is you know, he knows that indictments are coming. >> and just for the audience, we are out of time. just keep in mind nauta and de oliveira still work there.
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so they are supposed to not talk about the case with each other or with trump and they still work for him. you want to talk about a three ring circus and drama and mob story, it's all of those. thank you very much. be sure to check out the episode of the prosecution of, of the prosecuting donald trump podcast featuring the judge who advised mike pence on what he could and not do on january 6th. next, desantis donors are slowly realizing. that's the candidate. and it's already too late to ask for their money back. for their money back meet the team... behind the team. the coach. the manager. and the snack dad. all using chase to keep up with their finances. the coach helps save goals here, because she saved for soccer camp there. anddd check this out... the manager deposited a check. magic. and the snack dad? he's getting paid back. orange slicesss. because this team all has chase.
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the state of florida is in hot water now and no, i am not talking about the sea water temperature topping 100 degrees. i'm talking about how right now, the state is grappling with a big bag full of crisis and their governor is too busy to care. state colleges are facing a quote high number of faculty openings thanks to his antiwoke laws while at the same time his immigration law is driving away large numbers of migrant workers. on top of that, florida is also now facing a problem of seemingly biblical proportions. a spike in cases of lepsy.
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a situation not made any easier by the fact that two of the top health figures in the desantis administration are currently empty and as the state runs, is struggling, desantis is trying to sell voters in iowa and new hampshire on making america florida. except that's not going so well for him either. not just america does not want you know probably like large amounts of leprosy. after rebooting his campaign and laying off more than a third of his staff, including a guy who amplified nazi imagery, new reporting suggests the reboot might need a reboot. rolling stone is reporting that big donors have been furious that the campaign is taking its cues from internet culture wars over niche issues while some seem to think the problem isn't the campaign but rather that candidate himself. do you think? one top republican donor says quote, a top to bottom makeover
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and real accountability may be the only thing that saves desantis in the primary but even then, you still have the governor at the top. it's getting harder by the day to see not just his people as the problem but really him. him as the problem. joining me now is democratic pollster and strategist and christina greer, associate professor of political science at fordham university and host of the podcast, the blackest questions. ferdinand, please try to get me to explain. desantis or however he pronounces his name right now, when leprosy comes to your state, god might be trying to tell you something. how do you feel? >> god or some higher power, joy, because florida right now is on fire. literally. in terms of record heat wave we're going through now and also politically with this crisis after crisis that really desantis' lack of leadership.
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we've had five insurance companies say we can't be in business anymore not to mention the teaching shortage, the nursing shortage. it's a bad situation and a lot of it has to do with ronny's big adventure, his presidential campaign, has imploded on start. he's going to have an easier time finding the basement in the alamo given the way this thing is unfolding. right now, joy, he's coming to a position and to a point where he's going to have to make a choice. this morning, "the new york times" has him 37 points behind donald trump. and he's doing irreparable harm to his political brand not just nationally but in florida. that bully like total fascist control he had over the republican party, that's starting and you're having now open whispers, signs of defiance you didn't see before. it's because of the ultra weakness you've seen in this candidacy. so for ron desantis, this could not have been more of a worse start to this effort and it's happening at the worst time when
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florida actually needs a governor and not an autocrat running around the country trying to be president. >> i wonder are there some signs that members of the state senate and state house feel duped and like they were made to pass some extreme laws that are driving conventions out of the state. driving teachers out of the state. i know there's a huge teacher shortage. colleges are not able to accept offers of jobs. it's turning the state, the naacp said don't come here or at least consider don't coming here. are there any republican legislatures saying you got us to pass a six-week abortion ban and you have no shot at being president? >> this was done prior to the ultimate collapse of his candidacy for president and it has no signs of a reset. there's no signs of this turning around. but yes, just two major industries, the agricultural industry, the construction industry decimated by the fact
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that a lot of workers that would have come here no longer want to risk coming to florida. we're seeing this in realtime take place and these legislatures are saying what have you done for us. >> and christina, the thing is, clearly desantis made a calculation that anti blackness and anti lgbtq fury alone would get him past trump but if you read "the new york times" piece, the people who are the most angry at black folks and gay folks and trans people, they still like trump better. he's fine and doing all that wild stuff but i still prefer trump. so he's not gotten anywhere. even 22% who say trump committed felonies or crimes say they still want him to be president, not desantis, so it didn't even work. >> we also know that the trump supporters inconsistent just like trump. donald trump will say anti black and anti lgbtq and antisemitic
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things then say my grand kids are jewish and look at my black friend and all gays aren't that bad. he's so inconsistent and so are his supporters. ron desantis is a true believer so he doubles down and triples down on these things but a lot of the people who like him or thought they did realize there's something off about his ideological drive. it's making, it's giving them a touch of pause and now it's giving his donors more pause and so we're going to see sort of as you said, the retool to the retool to the retool. you can only retool but so many times before you seem inauthentic and inconsistent. that's something ron desantis always doubled down. he said listen, i don't like the blacks. here's the legislature and policies i'm going to push forward to it. if he tries to change now, it's not going to seem authentic and his voters are going to move even farther away from him. >> and it is weird.
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do we have a clip here? let me play it. this is desantis, just play him. he's weird. >> what is that? yeah? probably a lot of -- >> yeah. >> well, we're out here, i don't know. okay. all right. all right. say hi to everyone. >> he's just weird. you know, no offense. i like weird generally, but your thoughts. he's just weird. >> yeah. but there's no joy in the campaigning and we know in a place like iowa, it's increden bly important for you to make real connections with people because it's not a vote. it's a caucus. and you need people to feel as though they should go into that room and literally fight for you and your candidacy. this is something where it's just ron desantis doesn't seem as though he likes people. and so why would you be inspired to vote for someone or to continue to give money to someone who doesn't even seem as
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though he likes you. let alone wants to fight for you. >> ferdinand, he has four kids. if they ask for ice cream, does he say -- what is that? how did he get this far in politics? make it make sense. >> joy, you know florida doing florida things. forget the old question is that the kind of guy you want to have a beer with. that's the kind of guy you need ten beers just to put up with and get away from me. he's got no charm, no charisma and it's also part of the problem he has nationally. that lack of warmth and personal connection means he has no relationship. that's why even people on his campaign, i guess i'm telling a secret here. i know florida republican legislators who are on his campaign committee that hate him like poison privately. and you saw a little bit of that with that interaction with that little girl in iowa. >> we know a celebrity died today. why are you dressed like that? is there a reason? >> i know you are but what am i.
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come on, joy. we lost a real one today. someone who gave a lot of joy to me and my family and kids. the great paul rubens. pee wee herman. >> i know you are but what am i? i love it. thank you both very much. still ahead, it turns out that alabama republicans are ignoring a supreme court ruling on voting rights but that's just part of a larger strategy aimed at disenfranchising even more americans. we'll explain when i get back. we'll explain when i get back. a. e i wouldn't qualify for the erc tax refund, so i called innovation refunds. their team of independent tax attorneys will work with your cpa to determine if your company is eligible. [whip sound] take the first step to see if your small business qualifies. before my doctor and i chose breztri for my copd, i had bad days, (cough cough) flare-ups that could permanently damage my lungs.
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justice alito is the supreme court's most inflammatory justice to date. last week, we spoke with "the wall street journal" about the legitimacy of the court. quote, if we're viewed as illegitimate then disregard of our decisions becomes more accept and we're more popular so you can have a revival of the resistance that occurred in the south after brown. that ship has sailed because alabama republicans openly ignored the supreme court's directive to redraw the districts to include two majority black districts. it was a modern day throwback to the south's defiance of segregation. the decision is shocking but what the news site uncovered is
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far worse. the sources say the state's decision to ignore the court is part of a larger strategy intended to force the high court to rehear the entire case and strike down section two of the voting rights act all together. the sources who spoke on condition of anonymity described a plan championed by the alabama attorney general and other alabama republican officials. that plan is rooted in the belief that the supreme court never seriously considered the merits of alabama's case. instead, limited its ruling to only the merits of the stay issued by the lower federal court. these sources say that republicans believe they would win their argument if the court were ever to review their new map. how can they be so sure? well, these same sources tell aapr that republican lawmakers
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believe their d.c. -- have intelligence. that justice kavanaugh is opened to rehearing the case on its merits. we reached out to the supreme court for comment but didn't receive a response. that said, it is beyond disturbing that republicans claim to have intelligence about the thinking of one justice on the supreme court. equally disturbing is how committed the alabama republican party is to their racist past. continuing to deny african american voters who make up 27% of the state but are only represented in 14% of congressional districts their rightful fair representation. nothing about this should shock you. we've already learned that speaker mccarthy has been colluding with alabama republicans in order to ensure he maintains his majority. here's how he defended those accusations. >> i think people should be very fair in this process, be able to see what's happening. i like to know what's going to happen out there. >> he said fair. i guess his definition of fair is ignoring the court.
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now one thing is for certain. this map will not be enacted without a fight and that is next. not be enacted without a fight and that is next limiting when it was okay. no tech behind closed doors. but social media's algorithms of addiction always won out. it's not your fault. alone you can't stop it. together, we will. we have a plan. join us. ( ♪♪ )
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don't take dovato if you're allergic to its ingredients or taking dofetilide. this can cause serious or life-threatening side effects. if you have a rash or allergic reaction symptoms, stop dovato and get medical help right away. serious or life-threatening lactic acid buildup and liver problems can occur. tell your doctor if you have kidney or liver problems, or if you are pregnant, breastfeeding, or considering pregnancy. dovato may harm an unborn baby. most common side effects are headache, nausea, diarrhea, trouble sleeping, tiredness, and anxiety. detect this: i stay undetectable with fewer medicines. ask your doctor about switching to dovato. last week, the main plaintiffs in the alabama gerrymandering case once again objected to republican redrawn congressional districts saying state republicans failed to follow federal court orders to create a district that is fair to black voters. the plaintiffs in the case represented by the legal defense fund and other groups asked the
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three judge panel to step in and draw new lines for the state. the new map enacted by the republican controlled alabama legislature maintained just one majority black district and boosted the percentage of black voters in the majority white second congressional district from about 30% to almost 40%. sources tell the alabama political reporter that this new map was pushed by the state's attorney general steve marshall who worked closely with the state senate to deliver this joke of a map and that marshall was humiliated to lose in court and hopes to overturn section two to polish his conservative credentials for a future run for higher office because of course. joining me now is evan milligan. and maya, president of the leadership conference on civil and human rights. i'll lev it to you, evan, if you want to comment on the fact your
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attorney general is hoping to strike down a landmark piece of legislation in order to gain higher office because he believes that that is what republican voters would like. >> thank you, joy. yeah, i was pretty disappointed both by you know the reporting and the article you're references but also by what we experienced during the public hearings that led to production of the map that our state passed and it seems like our attorney general here is interested in enforcing the law in some instances and then defying it in others. on the enforcement end, you know carly russell, the young woman from hoover who cried wolf, that's been a media sensation, and the attorney general has personally gotten involved in that case and the public hearings that took place right before the special session
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started before our map was selected, a man named james barber was executed by our state. those are instances where we see our legal authorities relying on law enforcement and the rule of law and really adhering to that when it comes to using the criminal justice system but when it comes to the situation that we're experiencing or even patrick braxton in hoover, alabama who won his mayoral election and is yet to be seated, there's silence and defiance of federal court orders. it seems like it depends on the law. if whether or not certain folks will enforce the law and who that law benefits. and that's not inviting young people into the process. that's not inviting more alabamans into the process where our state is facing challenges in climate, poverty, political extremism that we haven't encountered a the same time ever, and we need leadership.
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i've been disappointed but the other plaintiffs are really digging down deep along with our legal representation and we'll continue to move forward. >> anti blackness is a train that's never late in america and it does seem that right now, the people who are in leadership in alabama are sort of trying to fes tune themselves. you just heard evan describe in many ways the way they're trying to wrap themselves in anti blackness including saying yeah, i don't care what the supreme court says. massive resistance. y'all are not getting fair representation. not in this state. >> yeah, all we're seeing in play here states rights that you made the reference earlier, joy, to brown versus board of education. the way states stood up and said we don't care what the supreme court said. we're not going to do it. there was a time when the federal government then sent in troops to protect peoples civil rights including in school desegregation. i think what evan is saying, i've really been impressed with
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the work of alabama forward and so many other leaders. black leaders and leaders of all races in alabama. saying look, this is about whether or not we're going to allow the people of the state of alabama and by the people, that includes black people. black people whose population grew by 80,000 people between the two censuses. the whole point of our system is supposed to say that yes, after a civil war, we make sure we do not dilute the voting power of black people and what they're really saying is we will pick and choose which supreme court cases we will follow but what that also means is we will pick and choose which people and people based on their race will actually have a voice in saying who leads them and that's just the old south. not the new south. >> evan, what do you make of the
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part of the reporting that says that the strategy of the attorney general is to use this case and their defiance of the supreme court to eviscerate the entire voting rights act? they seem to want to eliminate the whole thing or at least strike down section two. >> well i know that federal judges have a lot on their plate. they have they, their staffs, their clerks. they have very busy docket. one of our senators here has been involved in opposing appointments of additional judges who could help relieve some of that docket. so i don't think they look forward to state governments openly defying very clear orders they give and bringing those cases back along the conveyer belt. so i'll be surprised if their strategy works but whether or not it works, the message that it communicates is dangerous. because we're at a time now where there is a growing far right movement in our country and we've seen support come from
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certain elements of our leadership here. certain segments of our population and when there's an anti federal government sentiment within the messaging that comes from even our top law enforcement officers, then it says even if their plan fails and we win the case and say we have a new district created where you have a majority black population. what's the messaging that's already tilled the soil for peoples interpretation of that district. now they're going to see it as illegitimate. the same talking points from the late 19th century. then that same messaging will trend around the country for other cases. we see that messaging spread in 2024 leading into these elections or beyond that introduces more dynamite into an already very hot climate. we should have leadership that are doing the opposite.
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>> and one wonders why certain people are trying to hide history books and hide history. it's because they would like to be able to repeat it without anybody understanding what they're doing. evan and maya, thank you both. coming up next, samuel alito accidentally makes the case for ethics reform by essentially yelling you're not the boss of me at the top of his lungs. stay with us. p of his l gs stay with us love. rsv could cut it short. ♪ rsv is a contagious virus that usually causes mild symptoms but can cause more severe infections that may lead to hospitalizations... ...in adults 60 and older... ...and adults with certain underlying conditions, like copd, asthma, or congestive heart failure. talk to your doctor and visit cutshortrsv.com.
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power e*trade's easy-to-use tools, like dynamic charting and risk-reward analysis help make trading feel effortless. and its customizable scans with social sentiment help you find and unlock opportunities in the market. e*trade from morgan stanley. we moved out of the city so our little sophie could appreciate nature. opportunities in the market. but then he got us t-mobile home internet. i was just trying to improve our signal, so some of the trees had to go. i might've taken it a step too far. (chainsaw revs) (tree crashes) (chainsaw continues) (daughter screams) let's pretend for a second that you didn't let down your entire family. what would that reality look like? well i guess i would've gotten us xfinity... and we'd have a better view. do you need mulch? >> luxury trips, billionaire what, we have a ton of mulch.
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donors, dark money -- oh, my. scrutiny continues over allegations of ethics violations facing justices of the supreme court. according to propublica, these beaches include an undisclosed fishing trip to alaska that justice samuel alito with republican megadonor paul single. singles hedge fund has repeatedly held businesses for the court. but at least never recused himself. in the wake of disclosures about sketchy travel and outside activities by some of the justices, the senate judiciary committee voted along party lines to approve a bill that would require the supreme court to adopt a binding ethical code. one of the members of the court has taken a public stand against the bill, justice alito. he told the wall street journal, quote, congress did not great the supreme court, the constitution and it. i know this is a controversial view, but i am willing to say it. no provision in the constitution gives me the authority to regulate the supreme court, period. alito's unprecedented interview as a sitting justice was
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published in the op-ed section of the right-wing rupert murdoch newspaper, and conducted by attorney david rifkin, who represents the plaintiffs in a major tax case that the court will hear next term. i wonder how they're gonna rule on that. joining me now is senator sheldon whitehouse of rhode island, member of the senate judiciary committee. senator, just the fact that somebody who's got a case before the court, and did the interview, in fact that alito gave the interview and then pretended that congress has no role in registering the court, i mean regulating the court. well, so long separation of powers. your thoughts? >> well, rifkin is not just a lawyer for the case and the required. he's also the lawyer for leonard leo -- >> of course. >> running the opposition for leonard leo, to answer our questions from the judiciary committee. and if you will remember, all of these justices come before us for their confirmation, and their questions. and what they say more than
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anything else? i would like to answer that question but it would be unethical to offer my opinion because that's a manner that might come before the court. and here is justice alito offering his opinion on something that might come before the court with no valid city whatsoever, that that's actually an ethical standards for our committee. and that's you don't even get to the merits -- >> let me ask you this question very quickly. who provides the budget for the supreme court? >> congress does. >> who provides the budget for their security? >> congress does. >> just checking because he seems to think you all nothing to do with him. we in our previous segment talked about the mulligan case in alabama, where in the republican party in that state defied the court because they would like to go back to the supreme court, and have it and we heard on the merits to get rid of the section to the voting rights act.
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they're reporting from the alabama reporter says that republican operatives and alabama have intel that they know how justice kavanaugh would rule on that. at this point, when you had decisions like hobby lobby and dobbs leak, both of which were written by samuel alito. and people claiming they know essentially how justices will rule if they can just get there. at this point, is the supreme court legitimate in your view? >> i think it has a legitimacy crisis that is going on for a whole variety of reasons, all the dark money around it, why they're keeping so many secrets, the way it rules in perfect alignment with the right-wing billionaires and their phony amicus front group, the extraordinarily bad ethical misbehavior of these justices, it just piles up, and all points to the same direction, which is the court is captured and in toe to a very small group of right-wing billionaires. >> what's the status of your legislation?
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do you think it can pass the senate? and i know you don't work on that side of the capitol, but is there any shot this could even pass at the house, given who runs the house? >> that two shops are these, one, democratic majorities in the house and the senate that will pass it. and number two, we, the continued revelations. this is gonna get worse. there is more to find out about what these justices are up to win their billionaires. and as more and more information comes out, and as the situation gets worse or and darker, at some point even republicans have to say, all right, we can't go down with this ship, let's clean this mess up. >> i mean, if we are at the point where republicans are now in defying the court, and saying, to hell with their rulings, we're not gonna follow them. and that's what's happening in alabama right now. but they are also doing it for a reason that says we know there's at least one unethical member there that we know how he's gonna rule. to me, this makes the case that
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republicans actually ought to care, because republicans are now saying we're only gonna follow the supreme court rulings we agree with. >> well, you need to be following the alabama case. watch it as an equipped integrity check because it's gonna be an interesting comparison with all the high-speed ways in which the supreme court, through the shadow docket and things like that, helped right-wing issues move forward. and if they stall on this one, so that the democrats lose a black majority districts that they've already declared, is justified in alabama, just by stalling, that's gonna send a really rotten signal. this is an integrity check for the court. >> just to go back for one moment to alito, it is unprecedented i believe, for a supreme court justice to speak this openly to a news organization. good that in itself be a lack of ethics that he did that? >> if you follow the terminology of his colleagues
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when they come before us for confirmation, they say, we can't talk about issues at might come before the court because it would be unethical. that's what he just did, it's to lay down, and as you call it, bunker. >> he actually got a show on fox at this one, that's who he is. senator sheldon whitehouse, thank, you sir. that is tonight's reidout. all in with chris hayes starts right now. ♪ ♪ ♪ ith >> good evening from washington. i am mehdi hasan in for chris hayes. donald trump could end up behind bars and next year for conspiracy to obstruct justice. and if he does, it may very well be because of a new testimony by someone identified by the justice department, only as trump employee 4. now that we have had all weekend to digest the new superseding indictment for donald trump from doj special counsel jack smith and the classified documents case, employee number

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