immediately cancel people on our own team. good people, leaders who have not done anything we are giving anyone the benefit of the doubt. we are so quick to pounce on one another that what happened to michael strahan this week is the most important reminder that we need to give people an ounce of grace and understanding. we crucially need it in our society. the fact that the day after he has operate the outside of his house hounding him he was not sitting down or facing the other direction. he had his head down and just forgot to put his hand on his heart. if we can just trust and love a little bit more we could go a lot farther. michael stranahan, you are my mvp this week and you guys are my mvp. thank you for being here. i'm really glad you joined me. remember, you can catch the nightcap again tomorrow, saturday night 11:00 eastern right here on msnbc but for now we are signing off.

thank you for staying up late with us. i will see you on monday. today was the day the house ethics committee was reportedly set to vote to release its report on former florida congressman and new pick for attorney general matt gaetz. they have been investigating a string of allegations against him the most serious being he engaged in sexual misconduct with a 17-year-old girl potentially violating sex trafficking laws. gaetz denies these allegations but just hours after being chosen by trumper attorney general and days before the

ethics committee was set to release the report, he's resigned from congress. now his colleague say that by resigning he's no longer under ethics committee jurisdiction so this report and whatever is in it should not see the light of day. it is all a very convenient series of events and excuses. however, the house ethics committee has released reports on lawmakers after they have resigned multiple times in the past. precedent is not in his favor. republicans control the house so what this really is here is a test of party, not president. >> as far as the timing of the release of a report i don't know. the speaker of the house is not involved in that so i'm not really the person to answer that question. >> that was the speaker of the house on wednesday, the day that matt gaetz resigned. 's stance then is as the

speaker of the house is not involved in matters like this one, he cannot be involved. that was his take on the matter wednesday. this is his take on the matter today. >> i believe it is very important to maintain the house tradition of not issuing ethics reports on people who are no longer members of congress. i think it would open a pandora's box. it's a very important role that should be maintained. if it was broken once or twice it should not have been >> yes. the classic pandora's box. a box you can open several times without incident but if you open it again be careful or maybe don't be careful. who can no. not only is what he's describing here not a pandora's box, it is also a full 180 degrees from his stance two days ago that he would not get

involved in this issue at all. when asked today by the washington post if he would do anything to prevent the ethics report from being released he responded, i'm going to request that it not be. that is pretty involved if you ask me. so what changed? what did mike johnson do between wednesday and today? i want you to take a listen to his answer after his whole pandora's box spiel. >> it's a very important role that should be maintained. if it's been broken once or twice it should not have been because that would be a pandora's box. it's a very important tradition to maintain. i'm not talking about what i have said to trump. >> there we go. last night mike johnson spent the evening with donald trump at a gala down at mar-a-lago.

somehow in the last 24 hours his stance on whether or not as speaker of the house he should stop the ethics report from being released somehow in the past 48 hours his stance on that issue has completely reversed. i wonder how that happened. donald trump has picked the most radical group of potential cabinet members in american history. fox news host pete hegseth for defense secretary. vaccine skeptic and conspiracy theorist robert f kennedy jr. for health and human services terry. tulsi gabbard for intelligence agencies. met gaetz to run the justice department. it is truly an unbelievable group of nominees. the question now is will any senate republicans stand up to block the confirmation? it would only take four senate republicans, any four to block

any nominee. the wall street journal is reporting that republicans in the senate see matt gaetz's nomination in particular as duped. people familiar set far more than three of them are prepared to vote now. other estimates range from more than a dozen republican no votes to more than 30. it won't even be close another person told the journal. that might be true or that might just be have republicans in the senate feel today. who can say how they might feel a few weeks from now. how much i republicans in the senate underestimating the weight of donald trump thumb on the scale. mike johnson wanted no part in the ethics committee report michigan us two days ago and now he's leading the campaign to make sure it never sees the light of day. as one house republican told the washington post, it's a given. trump will beat us into

submission. trump has even uploaded a backup plan to still get the senate to allow him whoever he wants even if he does not have the vote . recess appointments. essentially he would just tell the senate to take an extended vacation allowing him to bypass the confirmation process on the premise that the senate is out of town. according to the incoming majority leader john thune, that option is very much alive. >> you have said you would do recess appointments if it came to that. what is the threshold for getting to that point? >> what i said, i think that all options are on the table including recess appointments. hopefully it does not get to that but we will find out very quickly. >> all options are on the table. we are facing the first real test of the republican party. we could be gearing up for a

low-key constitutional crisis. congress is supposed to be an independent and coequal branch of government. the legislative branch is supposed to check the power of the executive branch. now donald trump is looking at these republican senators and saying, jump. the question is will they respond how high. >> there's no question he's the leader of our party. if he says jump three feet high and scratch your head we jump three feet high and scratch our heads. that's it. joining me is senior national political reporter. thank you for being here. i'm very eager to hear your latest. let's start first with speaker johnson who seems to have done a u-turn on his position wednesday. his position now seems to be firmly that he does not want the report to come out. do you think donald trump had anything to do with that?

>> there's one key to understand everything speaker johnson has been doing this last few months. seven weeks from today he will have to stand on the house floor and get the votes to become speaker of the house for the next two years. it's a slim majority so he will need the votes of just about every one of them. one thing he cannot afford to do is get on donald trump's bedside. this is subsection -- a wholly- owned subsidiary of maga at this point. he can and speakership ambitions with a single tweet. i do not know what conversation he had but he is certainly using the office of the speaker to try to encourage the ethics committee to do something that a couple days ago he indicated he did not have the power to do. without going too deep down the rabbit hole this is a crucial political survival question for him. if he is seen as failing to use his power to advance a goal that donald trump wants to achieve that could work out badly for him. again, that is the dilemma he's

facing and he's arguing that this is only about president. he said the situation with the ethics committee did release a member report after they resigned and he is saying he believes deeply in the norm. >> i see the ethics report as a litmus test for how much if at all the republican party will stand up to donald trump. if they allow this what we are hearing is a very damaging report to be released about his pick for the attorney general, that could doom his chances. do you think the senate can muscle the house enough to get its own copy of the report if not a public copy released? >> it is unclear. there are a couple of ways it could be released. the most obvious is that the committee meets and decides to release it. they still could do that. there has been some chatter in

the senate including from john cornyn about potentially subpoenaing the report. that got some quick pushback from senator lindsey graham. the south carolina republican said he would reject any effort to subpoena it. a number of senators said they do want to see the report this comes down to how aggressively they are willing to push. this has turned into a prisoners dilemma situation because they can either confirm matt gaetz which based on our reporting most do not want to deal. he is far short of the 51 votes that he needs if republicans were to vote the way they want to. they seem to be trying to encourage trump subtly to either withdraw the nomination or prevent it from coming to a vote because if they vote him down they would weaken the new president elect of their party right out of the gate. now they are in the afterglow of the election. it's been a weekend a few days since he won the 2024 election.

it would be highly unusual to see this kind of division. they don't want that. they think he does not want that as well. they think he is testing the senate. he likes to push the limits to see how far he can go. this is shaping up to be a crucial test over what senate republicans will do that they deep down feel they should deal or feel they need to submit to trump. >> really quick, it seems like i guess if there is a get out of jail free card maybe it's the recess appointments so they don't have to vote that he still gets confirmed. do you think that is a road that is looking more appealing to them? >> i have asked a number of republican senators about this. they are not going there at this point. even allies like senator ron johnson say they expect this to be done through the normal process. they expect him to come through the committee. some are prepared to vote for him. others may not be but they are

not talking about recess appointments. republican senators are saying that there might be a situation that they are conjuring an image of democrats trying to grind it to a halt in which case this would come to the floor, that i have not heard a single democrat say they are going to do that. what they are saying is republicans should reject matt gaetz or donald trump should withdraw the nomination. so that could be the next beat. republican senators, at least some of them seem to want to avoid that conversation. >> it is great to hear from you. thank you for your time. i want to bring into the conversation mark, staff writer at the atlantic and a man that knows about servitude on capitol hill. jamal louis, our mutual friend has an op-ed asking the big question here which is will they show a backbone. if republicans say yes to this group of pics are allowed recess appointments neutering the constitutional right to

give advice and consent that means they will say yes to anything. there's no use holding your breath unless you want to suffocate. i think it is the big indicator. if he gets confirmed it is off to the races. how are you looking at this and what is your over under? >> i think it is off to the races no matter what. the rule of thumb i have followed for since the beginning is when in doubt republicans will show no spine whatsoever. i think it is even less likely now given that there are no mitt romney's or jeff lakes around anymore. those days are so over. i think it is somewhat likely because there's so much noise around matt gaetz i do think it is a loyalty test but i also think the fallback options whether it is ken paxton or matthew whitaker, people that are out there are probably, matt

gaetz makes them all the more confirmable. i do think matt gaetz once the shock and awe of his appointment wears off and the trolling value of it is not somebody that knows how to run the operation of a huge and complicated and very chaotic agency which would become even more so after the inevitable mass firings and mass resignations of somebody coming from that perspective will bring. i would say it is possible maybe even a little bit more than possible that the nomination doesn't go through but i think it portends actually nothing. >> i hear what you are saying about maybe there's a glimmer of a chance that he is so out there and the backup candidates are sufficiently conservative that maybe his nomination is killed in the crib, but that requires donald trump to back down pick it is really hard for

me to imagine trump who is feeling himself given the results of the election it's his party that is in charge of confirming the nominees. it's hard for me to imagine donald trump and one of the opening acts of his nascent second turn saying i'm going to give you another option. for anybody that is doubting how hard-core his fan club of one is, he said after meeting the house gop on wednesday, i suspect i won't be running again unless you say he so good we've got to figure something out. he's already dangling a third term out there in case anybody is considering second-guessing him. >> donald trump believes he has every reason to feel completely uninhibited. the results of the election certainly underscore that a little bit. the other side of this is will there be a few republicans other than the usual suspects who might in this case grow a

pair of courage and maybe be the first people who are willing to define him as defy him whether it is thom tillis or john cassidy, two people who have had some ambivalence. there is some potential out there but those people will immediately volunteered to be the next potential troll victim which is obviously a not fun place to be and one that has driven a lot of people out of the senate and the house and even thinking about working for another administration. >> as you look at the landscape, do you think trump is going to get all of his people. put matt gaetz in his own category, but even if he does not make it that means pete hegseth as the secretary of defense. tulsi gabbard the director of national intelligence. rfk jr.

the health and human services secretary. is he going to bat 1000? >> i think it is probably unlikely. whether it is strategic or not. i think the flooding of this on this week of putting all of these each more outrageous than the next names out there makes it pretty likely that there will be one, possibly two sacrificial victims. again, that implies or suggests that there will be a couple of republicans who are willing to be out there. i think the larger surprise about this week, if you look at the middle of the week when gaetz was nominated is that republicans on the hill are freaking out. are you kidding me? what did he say on the campaign that made you think he might take a more moderate position or a more governing position. this is something they all campaigned for for the last two years and this is the environment they have to govern

>> this is the man they chose not to impeach weeks after an insurrection he staged. this is what you get. enjoy the harvest. my friend, thank you for spending a little of your friday night with me. still to come, senate democrats are raising two kids from -- to confirm dozens of judicial nominees. outgoing senator joe manchin is actually planning to help. first, top brass in the u.s. military is bracing for a pentagon purge. new reporting reveals the trump administration may already have a list of names for the chopping block.

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the 20th and a military tribunal , a court-martial has to be paneled and mark millie has to be brought up on charges and court-martialed. >> that was steve bannon earlier this evening relishing the thought of president-elect donald trump exacting revenge on the former chairman of the joint chiefs of staff the now retired general mark millie who has reportedly called trump the most dangerous person to this country and a fascist. as the transition to trump 2.0 gets underway they have their sights set on retribution. plans are now coming into focus. the wall street journal reports on the potential establishment of a warrior board to review and recommend the removal of senior officers deemed unfit for leadership. new report today from reuters reveals that trump's team is drying up its own list of military officers to be fired that could include

the chairman of the joint chiefs as well as any and all officers connected to the former chairman. according to one source there's a detailed list of everyone that was affiliated and they will all be gone. joining me is congressman row,. thank you for being here. first, the retribution and revenge fantasies are so transparent and so on the front earner, what is your reaction to that and can anything be done? >> here is my concern. what is putin in russia thinking when he's reading this. this is putting our troops at risk this kind of chaos and threatening to hollow out the military. my hope is we have a republican chairman mike rogers. we have disagreements but i respect him. i respect people like whitman

on the committee. i would hope they will put the national security of the country and defense over politics because we need to stand up over any kind of chaos that could ensue. >> we are hearing that among the people that the team is targeting is cq brown the chairman of the joint chiefs. he started his term last october. it would seem to have implications to oust a sitting chairman for no reason other than you don't like him. i wonder if you think house republicans will stand in the way given the general climate among house republicans as it comes to standing up to donald trump. >> i saw your previous segment. this will be a test. this goes beyond just confirmations. this goes to the heart of our national security. this is a bipartisan committee. we disagree on the levels of spending but most times we

operate in a bipartisan way. i was just with the chairman in jordan and saudi arabia. it was very much a national interest. i would hope my colleagues on the other side would see that firing generals especially at this point where we need to make sure that ukraine just does not fall to putin would be a big mistake. i would hope they would realize that at a time the military is having a challenge recruiting that sending a signal that you will just fire the joint chiefs is a mistake. it will be a test for the republicans on the committee. >> can i get your thoughts on pete hegseth. this is a person with no experience running a massive bureaucracy like the u.s. military. he is suggesting that cq brown the chairman of the joint chiefs of staff was a dei hire. was he hired because of his skin color?

it seems and fair but since he has made the race card one of his calling cards it does not much matter. i'm old enough to remember when the whole just of this be an american was putting country before party especially for republicans and especially when it came to the military. what is the net effect of having somebody who may be the incoming defense secretary saying these explicitly racist things about the sitting chairman of the joint chiefs. what does that do to morale among troops? >> it is so offensive. even the republicans on the committee started out by praising his military brilliance . you can disagree with him but that is just insulting. you are insulting the officers and so many people that are enlisted. you are insulting people the we are working hard to recruit new members in the military. i hope that there are colleagues of mine who will speak out against that. in the past they have always,

as you pointed out, put our troops and the national security beyond politics. this is very concerning. i don't care as much about every detail of his background but i'm concerned about what that means about his ability to be sure there is not sexual discrimination in the military. there have been a lot of those issues. we worked in a bipartisan way to clean that up. there are a lot of questions and i hope republicans will have the courage to speak out. >> does he have the organization skills to even carry out a massive purge in the pentagon? >> i think the reality is he will just be listening to donald trump. i would not underestimate his capability to do that. the question really becomes will congress stand up to the executive branch. in the federalist papers we always thought congress would never cede power to the executive branch because we would have too much pride in our own prerogative.

they did not count on a republican party that is afraid of a tweet by donald trump. this is going to be a question of whether we are going to stand up to trump. whoever he puts in will just be largely doing his bidding. there were plenty of republicans whom he could have chosen that supported him but he has chosen to pick someone that's really going to do his bidding. >> the framers never conceived of a man like donald trump and here we are. congressman ro khanna , thank you for joining me. i appreciate your perspective. we have much more to get to this evening including the list of things donald trump has erroneously taken credit for. it's a long list but it got a little bit longer. president biden has a chance to break an important record set by donald trump. can he do it? find out what that record is if

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with republicans in control of the executive and legislative branches and the supreme court dominated by a conservative majority, the lower federal courts may be the most powerful bulwark against trump is him in the years ahead.

before he leaves the white house joe biden may be able to do something about that by installing a record number of federal judges. donald trump set the current record confirming 234 judges in his first term but but joe biden is a close second have already confirmed 215 including three just this week. he is not done. senate majority leader chuck schumer told democrats to prepare for a final push to confirm as many judges as possible in these last few weeks before the next congress begins. the effort got a boost yesterday when senator joe manchin from west virginia signaled he's willing to back the judicial nominees, even those without republican support because as he said we are in different times right now. yes we are. joining me is lisa rubin. thank you for spending some time here on your friday night. let me get to the notion of the

lower courts and the 30,000 foot view how essential they can and should be in acting as a guard rail to trump's most potentially unlawful measures . >> when i think about what a trump second term looks like, the lower courts and particularly the district courts are imperative that they remained guard rails. we saw that during his first term, particularly around the muslim been, the attempts to at the citizenship question. ever any number of attempts made by the trump administration to change policies in ways that felt latently unconstitutional. the district courts were the first lines of defense in many cases issuing what then attorney general bill barr complained about, nationwide injunctions that prevented the policies from taking place and

being implemented. >> it seems like we should hold out hope that they will do what they are supposed to do regardless of who the judges are. the reality is that independent and apart from these judgeships we are talking about, the looming prospect of trump 2.0 is shaping decisions in ways not really seen before. i'm talking particularly about january 6 defendants and those who have been convicted of crimes. there are two judges who have already delayed sentencing over the assumption they will just get pardons from donald trump. can you talk about how unusual that is for judges to preemptively assume it is pointless to convict somebody of a crime. >> i'm not aware of an analog but before we condemn those judges and say they are just throwing up their hands, i want to provide a counter view of

what may be going through their minds. the courts have been entirely overwhelmed by january 6 and the caseload it has brought. that means for other litigants they have to wait longer to have motions disposed or to go to trial. it has clogged up the federal courts. if i am a judge thinking through what my caseload looks like, who else is waiting for trial, i might not want to use judicial resources right now on a case where i know the defendant will get pardon, particularly if it means delaying justice for someone else and calling in jurors whose efforts are only going to be futile several weeks to months from now. think about how that affects potential jurors to see 12 of their peers stand in judgment of someone only to have it wiped clean later. it does not inspire confidence in the concept of jury service which is one of the most

elemental things about democracy. >> i kind of wonder how broad the scope of pardon will be. donald trump has expressed seal for getting people off the hook but in an interview in april he said, in the way that only he can, if somebody was evil and that i would look at that case differently. it's hard to expect the naturally unexpected whims of donald trump, but would you expect like somebody like mek would get off the hook to mark how ambitious do you think trump can be in terms of issuing these pardons? >> my mantra for the next four years and counting is expect the unexpected. i do not put anything past the ambitions of the trump administration and their allies. that being said, to the extent he hews to his promise to look at these by a case to case basis, he does not have to

harden people for them to get off the hook. there are a number of cases that have not yet been tried and the department of justice could dismiss those cases entirely and therefore without pardoning defendants make their legal problems go away because once a future department of justice would come into being they would be well past statutes of limitation. there are various ways to make these problems go away for people. >> as we talk about trump escaping accountability for his criminal actions there is one guy that can't seem to get off the hook and that is rudy giuliani. he had to do some things as part of his defamation suit. can you talk more about how he is paying the piper? >> rudy for the first time has officially turned over some but not all of the property he has been ordered to turn over here

to the two georgia election workers he defamed when he accused them of passing a thumb drive full of valid information between them that turned out to be a ginger mint. he destroyed their lives and owes them $148 million. they sued him in manhattan to recover some of what he owes them. today he handed over his vintage mercedes-benz originally driven by lauren bacall and two watches. that is a start on even a dent in what he owes them. perhaps the most valuable thing he has is his manhattan apartment and as far as we know that is not yet in their possession. >> let's just focus for the moment from the fact that he had to hand over a vintage mercedes-benz, a watch and a ring. that is just the beginning of a little justice in that case.

thank you for making the time tonight. i appreciate your. still ahead. the current president of the united states is still joe biden. donald trump will not be president until january 20 of 2025 everybody keep that in mind because donald trump wants you to believe otherwise. as james carville once said, it's the economy, stupid. we will get into that after the break. the soul searcher, is finding his identity, and helping to protect it. hey! oh yeah, the explorer! she's looking to dive deeper... all while chase looks out for her. because these friends have chase. alerts that help check. tools that help protect. one bank that puts you in control. chase. make more of what's yours. sleep more deeply and wake up rejuvenated. purple mattresses exclusive gel flex grid draws away heat, relieves pressure, and instantly adapts. sleep better. live purple. right now save up to $1,000 during our black friday sale.

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>> the reason some people think i remember that economy when he first came in being pretty good. it was pretty good because it was my economy. that was former president barack obama in the final days of the harris campaign expressing some legitimate frustration that donald trump is taking credit for the 75 month of job growth that took place before trump's first term ever began. now it's about to happen again. donald trump is on the verge of once again sweeping in and taking all the credit for the economic stewardship of his democratic possessor. to put a finer point on this, take a look at the unemployment rate for the last three presidents. when barack obama took presidency at the height of the economic crisis the unemployment rate was seven point -- 7.8%. when he left office the unemployment rate had been cut nearly in half and was just

4.7%. donald trump took credit for a booming job market until the country was hit by a global pandemic. trump's colossal mismanagement of the crisis caused the unemployment rate to skyrocket. when he left office the unemployment rate was back up to 6.4%. joe biden managed to bring unemployment back down to 4.1% where it sits today as donald trump is set to retake power. it's a similar story with inflation which spiked after the pandemic all across the globe. president biden positioned the u.s. as a global leader in bringing down inflation taking it from 9.1% in june 2022 to 2.6% today. republicans taking credit for democratic economies is not really anything all that new as my friend steve has pointed out before over the last 35 years employers have added roughly

$51 million in the united states -- 51 million jobs in the united states. 98% have been created during democratic administrations. donald trump cynicism, self and -- make him uniquely suited to take credit for somebody's work . in fact he's already started. >> we had three or four of the highest. most every day we set new records in the stock market. we set new records economically. the only thing is, mr. speaker, i think it's important. maybe you should pass a bill. you have to start my term from november 5 or november 6 if you want. november 5 because the markets have gone through the roof. >> that was donald trump last night saying he wants credit for the stock market even before his term begins. the challenge for democrats

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this week, scientists at the national oceanic and atmospheric administration, noaa, announced that there's a greater than 99% chance that this year 2024 will be the hottest on record. it's a fitting background as world leaders are meeting at the annual summit on climate change which is known as cop 29. it has been the target of protest and criticism from lacking the urgency required to confront what is the most existential threat of our time. this year there is particular urgency given the election of donald trump. a man that has not only denied the existence of climate change but promised to reverse any and all progress that has been made to reduce fossil fuel emissions. joining me is david, opinion writer at the new york times and author of the uninhabitable earth. we learned that trump is aiming

to appoint doug burgum secretary of the interior and the chairman of the newly formed national energy council the focus of which is to increase oil and gas production in the united states. he has appointing a climate change skeptic to head the epa. i'm sure you have thoughts. which do you think is most damaging to the climate movement? >> i think that epa position as a bigger deal. in the global picture it is important to note that what we are seeing right now is the abandonment of pretense to american leadership on climate the world over. people are looking around the world have looked at america with some skepticism for years. we are the biggest producer of oil and gas in the world and the biggest exporter. the reelection of donald trump has sent a clear signal to people worried about climate all around the globe that this

fight is not going to be won with american leadership took it is striking to me, someone that has been following this for so long. if you had said five or 10 years ago that the clearest sign china may have passed america and its place in the world would be on climate i would not have believed you but here we are. >> what are the implications of america, the globe not being able to count on us and china being the de facto leader in the fight? >> in terms of how fast the planet the carbon isis i'm not sure it's all that consequential because we have started to unleash a program of rapid renewable rollout most everywhere in the world. a lot of that will be done by market forces whether or not policy follows. to the extent we were hoping for additional policy leveraged to be placed on these issues in particular to the extent we were hoping the global north would help developing countries the carbon ice and adapt to the

brutal world they will be finding themselves living in in short order, the evacuation of american leadership is costly. many more countries will feel like they are navigating this on their own or forced to develop ad hoc relationships with other nations rather than working altogether in the global system that the u.s. used to provide -- preside over. the transition is unfolding but if we hope to accelerate rather than 1 continue at the same pace it's on today american leadership would be helpful and i don't think will be getting it at least for the next four years. >> when you talk about market forces it seems the market is intent on moving forward with renewables and green energy when you have the head of exxon telling trump don't withdraw from the paris climate deal and saying ev's are here to stay. elon musk is in the administration. he's the copresident.

whatever the reality is the green economy is in the united states and it's here to stay. >> i think we will stay something on the course of the biden administration which is to say renewables but we will also produce oil and gas at record levels. we are getting to a point where that is where the rubber hits the road. at some point we need to stop pulling it out of the ground and burning it and we need to find ways to rely on green energy. the u.s. is not in a place politically to force that development. instead we will be doing all the above. doing a lot of green stuff. >>this one. that is our show for tonight. now it is time for "the last word." good evening, my friend. >> good evening. the first full week after the election. you have to be wiped. i hope you get a little rest before i see you the next time.