and that is tonight's "reidout". you can follow me on tiktok and instagram. follow our show accounts. because why wouldn't you? we are fun. follow us because it is very entertaining. that said, we are done. "all in with chris hayes" starts right now. tonight on "all in" --

>> what did donald trump say last night about january 6? >> that was a day of love from the standpoint of the millions. he called it, quote, a day of love. >> it is donald trump -- >> the american people are exhausted with his gas lighting. >> tonight the republican nominee's most consequential lie and how people who know better are helping him get away with it. >> this is something much more deranged. much more desperate. maybe to stay out of prison. >> 19 days out, mark elias on the lawsuit to disenfranchise voters in michigan and breaking news out of gaza. >> justice has been served and the united states, israel and the entire world are better off as a result. >> david remnick on the killing of the leader of hamas when

"all in" starts right now. good evening from new york, i am chris hayes. we are 19 days from election day and the harris-walz campaign is betting big that there are more americans who care about and want to preserve our democracy than those who don't and it is because donald trump simply cannot stop reminding everyone what happened on january 6, 2021. the moment in his presidency that he is most proud of. >> you had hundreds of thousands of people come to washington. they didn't come because of me. they can because of the election. they thought the election was a rigged election and that is why they came. some of those people went down to the capital. i said peacefully and patriotically. nothing done wrong at all and action was taken, strong action. ashley babbitt was killed. nobody was killed. there were no guns down there. we didn't have guns. the others had guns, but we

didn't have guns. these were people who walked down. this was a tiny percentage of the overall, which nobody sees and nobody shows, but that was a day of love. >> that was trump's answer when he was asked by the man on the left side of your screen, and undecided voter comment when his vote back by apologizing essentially for the insurrection in a town hall yesterday. we didn't have the guns, he said. the others had guns. first of all, there were trump supporters of guns at the capital. we know that now. setting that aside, notice how he structures that sentence. he is referring to the violent rob and -- violent mob and rioters. his people, the guys who ransacked offices and chanted hang mike pence and brutally bashed the heads and of cops, that is the we. the others, the other side, the other team of guns. the ones on the other side,

those, well who was that? those were the cops who defended the capital and our constitutional republic itself. trump has declared two teams here. him and the rioters on one. the rest of us on the other. because again he did agree with what the writers did. he wishes they had been successful. today kamala harris issued a direct rebuttal to those remarks to voters in wisconsin. >> so we now know january 6 was a tragic day. it was a day of terrible violence. there were attacks on law enforcement. 140 law enforcement officers were injured. some were killed. and what did donald trump say last night about january 6? he called it, quote, a day of love.

but it points out something that everyone here knows. the american people are exhausted with his gas lighting. exhausted with his gas lighting. enough. >> harris knows that voters correctly find what happened on january 6 indefensible. trump and fellow republicans are doing everything he can to make voters forget about it. this is really essential. his hand-picked supreme court helped enormously by granting his ludicrous request for total immunity and intentionally making sure the criminal january 6 case got delayed past the election. republican politicians were at the capitol during the insurrection and of not forgotten it, at least not privately. those people know that what he did was despicable. it is how senate minority

leader mitch mcconnell refers to trump. according to a new book, mcconnell called him a despicable human being, stupid and ill tempered. mcconnell also apparently sobbed to his staff and privately lamented that trump should have to pay a price for the attack. mitch mcconnell is not denying his comments about his party's nominee for president. whatever i might've said pales in comparison to what j.d. vance, lindsey graham and others have said about him, but we are all on the same team now and he is right about that. because as donald trump, to his credit pointed out, there are two teams here. there is a team that wants to preserve american democracy and the rule of law and there is the team trying to overturn it. for donald trump that is we versus the others. mitch mcconnell is with the weed. he is part of the same

despicable team as donald trump. don't forget mitch mcconnell ran the senate during trump second impeachment and he could've whipped votes to convict trump and had he done so and been successful it would have removed him from the possibility of public office. he could not run again and mcconnell chose not to do that and trump is running again and mcconnell is right by his side. i think the biggest hope i have is that voters do remember how terrible january 6 was, because remember in the hours, days and weeks after the attack, it really did feel like trump might finally be finished. i think about this graph all the time. this shows trump's favorability throughout his four years as president. the orange line is his disapproval rating and the green line is the approval. see how it reaches its lowest point ever at the very end? january, 2021? the immediate aftermath of the violent insurrection he led. his favorability ratings were nearly 20 points underwater.

what trump did that day, sitting idly by while his supporters tried to end american democracy and in fact encouraging them, is disqualifying. listen to how trump's longtime friend, billionaire robert kraft, put it. >> donald trump became a social friend. in the early 90s, when i was going down to florida and then when my wife, bless her memory, died 13 years ago, he was one of four or five people who reached out to me and was really, really nice. i was very upset what happened january 6. >> the insurrection -- he led an insurrection in this country. >> and i have not talked to him since then. >> after january 6, republicans understood what trump did was a disaster, morally and politically. even his friends on fox news

admitted as much privately. >> quote, mark, the president needs to tell people in the capitol to go home. this is hurting all of us. he is destroying his legacy, laura ingraham wrote. please get him on tv. destroying everything you have accomplished, brian kilmeade texted. quote, can he make a statement? ask people to leave the capitol, sean hannity urged. >> he didn't want to do that at the time because he was too busy watching it and eating and hoping that the rioters were victorious. now those same folks, the same individuals quoted in the republican party and on fox, they are working night and day to wipe your memories. actively collaborating with this despicable human being by covering up his despicable plan to end the american republic as we know it. they don't want you to think

about the horrors of january 6 while you are filling out your ballot. listen to j.d. vance today. >> the media loves to talk about january 6 and of course january 6, 2021, if you are violent, if you committed acts of violence then you should be prosecuted for them. everybody believes that. >> whoa, does everybody believe that, j.d.? donald trump thinks it was a day of love and refers to himself as part of the mob and by the way, promising to pardon the violent rioters. if he wins he will do it on day one. the biggest obstacle for folks like vance and laura ingraham and mitch mcconnell and all these people who want to make you forget it all, the biggest obstacle to their plan is donald trump himself, who absolutely refuses to run away from what he did on january 6 because he is proud of it. he wants to do it again. he is trying to do it again. he keeps saying so out loud.

the only silver lining is that his pride in his despicable actions may end up being his own downfall. he served as acting solicitor general and is now a professor at georgetown university law center. yesterday he published an op-ed on what to do in an election crisis and he joins me now. as a think about this it is so striking to me what an enormous assist the supreme court ruling in the immunity decision was, because i do think that a criminal trial, which i think due process calls for. he was duly indicted. would require everyone to reckon with this in a way that no one has had to reckon with it yet and instead, in the immunity decision, have delayed things enough that the folks that want to make you forget it can try to make you forget it. >> that is exactly right,

chris, and that is why i liked so much the last few minutes of your show in which you reminded us because there is a lot of collective amnesia about what trump did on january 6 and frankly how virtually every american at the time felt about it and we would be experiencing all of that in real time if the criminal trial of donald trump took place, but because of a bunch of legal maneuvers he was able to delay it. i think the most important thing from the last several minutes of clips you have been showing about trump is not just what he tried to do on january 6, 2021. it is about what he is going to do and what he is telling us he is going to do after november 5 of this year. in 2021 he declared victory when he got blown out in the electoral college. biden had 306 votes and trump had 232, yet trump still claimed election fraud, hoax, fake slates of electors, all sorts of stuff. pressure depends, all of the stuff that happened on january

6. if he had to basically run the table on legal and political challenges to try to flip the election, what makes you think he is not going to do it now? that is why i wrote that piece in the new york times. i think it might be the most important op-ed i have ever written because i basically took trump statements, what j.d. vance is saying about 2020 and the like and then i looked at the legal architecture of this country and how elections work and it scared the heck out of me because there are any number of pressure points that donald trump and his minions can use in state legislatures, state governors, local election boards. the united states congress and of course the courts, state and federal. >> up to the supreme court, which ultimately depending on what happens and depending on the margin, as in 2000, i think you would suspect would have a final ruling in one way or another. the same court that has shown

itself amenable to arguments he has made that are quite outlandish in my humble point of view on immunity. >> i agree with you on the immunity decision. i think it is indefensible and to me even if the justices act in a totally nonpartisan, nonpolitical way, they decide the case up and up, half the country is going to be upset at the supreme court in a way they weren't before. this court in recent years has lost legitimacy compared to its historical stature. back in 2000 i was a junior lawyer on al gore's team and i remember on december 12 when we lost in the supreme court and al gore right away that i am going to concede, the supreme court has spoken. that is the reverence with which he and the american people held the supreme court. i don't think the court plays quite that role today, so when i think about election chaos, i think the court is part of that.

>> one of the things that really struck me with my connell, you know, we are getting these excerpts and it is clear my connell wants this stuff to come out. oh, i think he is a bad guy and also i support him. you know. less than a month after special counsel jack smith brought charges, mcconnell said of trump in an interview, if he has not committed indictable offenses i don't know what one is. he said the same in a speech basically saying the guy is subject to criminal and civil accountability. little did he know what the court had in store, but that plain truth, like yes if this is not indictable i don't know what is, i think again speaks for a large majority of the country. >> i totally agree with you, but first let's talk about my connell for a second. mcconnell calls him despicable. calls him a federal felon and says he tried to overturn our democracy and yet he still wants to vote for him?

i don't know how that makes any sense whatsoever on any planet in the solar system. so that is the first thing and the second is yes, absolutely i agree with you that you know at the time it was very clear that too many people, republicans and democrats alike, that this was criminal activity and deserved to be the kind of thing that should be tried in the court and what trump has managed to do through delay and legal tactics and an assist for the u.s. supreme court in the immunity decision is to delay it and hide from the american people the trial and the truth. which i just find unbelievable because we, the american people, deserve to know everything that happened on january 6 and of trump thinks what he did was innocent, stand up in a court of law and prove it. >> to your point in the op-ed, that we are all watching this happen, what you think is most important in terms of the republic, the institutions, civil society, the legal

profession? all of these institutions girding themselves for what we know is going to come if he loses on november 5. >> i think we have to steel ourselves against it right now and what that means practically is trying to build a coalition of people. right now we are behind the veil of ignorance. we don't know who is going to win. we need people to respect voting rights and what that means and practices people like george w. bush needs to come forward. matt romney needs to come forward. mitch mcconnell needs to come forward. there used to be a consensus in this country, chris, that the right to vote was the most precious thing we had to. it had been recently reauthorized 421-3 in the house of representatives and 98-0 in the senate. that is the way a few short years ago we thought about how amazing and how important the right to vote is and now you have a party that is bent on

taking the right to vote away and deciding the election themselves inu.s. congress or state governors or legislatures. that is what should frighten all of us and we need to steal against it right now. >> neal katyal, thank you. 19 days before the election and already the most contentious in history. mark elias is here with trump's attempt on a slow-moving coup, next.

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this upcoming election is already the most litigious in american history. trump aligned forces have been laying the groundwork for all kinds of postelection challenges. we are starting to see the effects of the onslaught of cases filed since the last election. in georgia the state election board enforced a last-minute mandate that counties must count ballots by hand. a fulton county superior court judge rejected it this week, saying it is too much too late. yesterday thousands of voters in alabama had their active status restored after a voter removal program crafted by republicans wrongly accused them of illegally registering. the federal judge stated that the secretary of state's office blew the deadline by trying to purge voters so close to the general election. earlier today a lawsuit filed by the rnc and michigan republican party faced a hurdle in court. the judge said republicans waited too long to file a suit challenging the right of some u.s. citizens who live abroad to vote, to disenfranchise an entire group of citizens.

mark elias is the founder of the democracy docket and he joins me now. let's start with the michigan case in which the rnc and michigan republican party are trying to stop a set of overseas ballots from being counted or going out? >> yeah, this is a big trend we have seen from the republican party. we've seen this in pennsylvania, in north carolina and as you point out, most recently in michigan. they are targeting, as you say, a subset of ballots cast by people who are living overseas, many of whom are in our military. these are military and overseas voters, so they are throwing caution to the wind, challenging at the last minute the ballots of people were stationed overseas and their dependents and it just shows that the republican party doesn't stand for anything. there was a time when the rnc would've waived the flag, but time and time again we will see

they will disenfranchise anyone and any group if they think it gives them an advantage. >> it was a federal judge in that case who seemed skeptical at the hearing today on that, partly because of how close it is to the election. the alabama case is interesting because scrubbing voter rolls is something that republican secretaries of state have done in texas and alabama. there have been a lot of places and there you have seen litigation from progressive groups, democratic party aligned groups against the scrubbing. in alabama it appears to be successful. how important is that? >> i think republicans are purposely trying to bait these lawsuits, which are meritorious lawsuits, because in some ways they want to be aggrieved by losing. federal law is clear that states may not do maintenance within 90 days of an election, so what did alabama do? it removed names within 90 days and what has virginia done,

same thing. what have we seen the republican secretaries of state and other places being goaded into doing? it is these last-minute purges and the law is so clear that you are left believing that this has to be part of a plan for them to lose and then say, you see, the judges did this dirty when in fact it was the last-minute purges in clear violation of federal law. >> that is extremely cynical and nefarious. you think some of the litigating they are doing is not to win. it is to lose on purpose as a kind of narrative building exercise for postelection pr or legal challenges, where they can say that we lost because there was some set of phantom illegal voters or whatever that the judges made us keep on the roles? >> absolutely. donald trump thrives off of grievance. he thrives off of feeling cheated and so he is getting

what he wants from his political party, which is an excuse structure before he loses, to explain why he lost. so republicans are bringing these lawsuits and as of today there have been 180 lawsuits filed this year, which is a record by a lot. 111 of them were filed by republicans and their allies to make loading harder and they are losing the overwhelming majority of these cases. part is because they don't have meritorious claims, but part of it is them pleasing the boss and filing these lawsuits and being able to say, look, this is why we lost the election because the judges followed the law. >> in georgia you have the state election board which had three hard-core maga members. they came up with a bunch of rules including hand counting ballots, which seems nuts to me. a superior judge striking that down along with some other last- minute changes. on this kind of basic, it is

too late principle, which we have seen in a bunch of places, do we think that will hold or get appealed? >> it is actually two different judges that have struck down these rules and the most important of them are as you say the hand count rule and the certification rules. rules where the election deniers wanted the ability to sort of do their own inspections and decide whether to certify the election and they lost both of those along with as you point out some others and one of the lawsuits they lost was from the dnc, so kudos to those lawyers, but they also lost one from a bunch of republicans who challenged these rules, so they are losing from the left and the right. i think the losses will stand up, though i have no doubt the rnc will appeal. >> mark elias, we should have you to one of these every night. i know you have other stuff to do, but this was very informative. thank you very much. next, a rapturous reception for kamala harris in wisconsin while donald trump hangs out in new york. the latest from the campaign trail 19 days out, next.