just one single vote on legislation. this is all just further proof that this election was not the landslide or "sweeping mandate" that trump and his maga cronies want you to think it was. in the popular vote, trump is now below 50%. in fact, his margin of victory over vice president kamala harris has shrunk to just one .6%, which is smaller than that of every winning president since 1888, other than john f. kennedy in 1960 and richard nixon in 1968. as mehdi hoschton writes for the guardian, trump, the 49.9% president, doesn't represent the popular will. yes, he won the election fair and square and won the popular vote for the first time, but if we are to prevent him from expanding his power in the overall office, we must resist this election lie, we must not allow him to pretend that he has some sort of special mandate for controversial policies and personality. that is two nights "the reidout". follow me on bluesky at joy

reid official, and bluesky -- "all in" with chris hayes starts now. tonight on "all in" -- >> are you looking forward to meeting with president trump tomorrow? >> it is not on the schedule right now. >> trump's pentagon pic remains in peril, as pete's mom joins the kirby couch. >> you are here, you said he has changed. >> oh, absolutely. >> tonight, the latest political fallout from a troubled transition. then, donald trump's pick to run the fbi in his own words -- >> the chinese, the ccp, helped fund portions of the biting campaign. >> get the sergeant in arms to go out and arrest merrick garland. plus, supreme court arguments on a law to ban transgender affirming care for minors. and new images of the suspect in the fatal shooting of an insurance ceo, "all in" starts right now.

good evening from new york, i am chris hayes. donald trump has already lost two nominees in the first month since the election. former congressman matt gaetz, his pick for attorney general, dropped out after a few weeks when it became clear he could not get confirmed in the senate, which is as it should be. then, there is florida sheriff chad chronister, that was trump's pick to run the dea, who withdrew from consideration, because, well, it appears trump thought he was too tough on enforcing covid measures, not to mention his son. trump is already down two and a third pick is already hanging by a string. donald trump's choice to run the department of defense, pete hegseth, former fox weekend host is barely holding onto his hope of being senate confirmed. it feels like his nomination could fall at any moment. he has been on capitol hill all week meeting with senators and dodging questions about investigative reporting in nbc news and the new yorker about what ex-convicts say was

excessive drinking, in positions of leadership, as well as an allegation of sexual assault from a woman he paid a settlement to all of which hegseeth denies. >> can you respond to any of these allegations? >> are the senators concerned at all about your drinking? did you ever come into work drunk or hung over? >> is clear that hegseth's team is in full damage control mode, his own mother had to go on fox news which have been doing their best to ignore the hegseth controversies to spend away an email she wrote and sent to her son in 2018, where in her own words, she wrote of her own son, to him in an email, "you are an abuser of women -- that is the ugly truth and i have no respect for any

man that belittles, lies, cheats, sleeps around, and uses women for his own power and ego." fox tried hard to walk it all back. >> let me make two statements first. one is to president trump, and i want to say thank you for your belief my son. we all believe in him, we really believe he is not that man that he was seven years ago. i am not that mother. and i hope people will hear that story today and the truth in that story. so, the other thing i want to say is i am here to tell the truth, to tell the truth to the american people, and tell the truth to the senators on the hill, especially our female senators. i really hope that you will not listen to the media. >> "not listen to the media," she says, on fox news, about an email that she, herself wrote. she might think it is not true anymore, but like, she did write that email. i have got to say, when your

mom has to go on cable news to deny you are an abuser of women because she called you one, it seems like things are probably not going great, but what do i know? we are in a whole new world. hegseth says he's not going anywhere including in a new op- ed in the wall street journal today. this whole coordinated pushback happening and he is telling reporters that everything is just going fine. >> it's been a wonderful process. as far as everything else, i had a chance to sit down with megyn kelly today for an hour. i refer you to that interview, she asked probably all the questions you guys would like to ask. >> you may not be shocked to learn that former fox host megyn kelly did not ask all the questions one might want to ask someone, again, nominated to run the largest agency and most powerful bureaucracy in the entire u.s. government. >> you think you are being cabin on right now? >> i had a member, not 45 minutes ago looking in the eye in private and say, that is what they are trying to do to you. that is what they are trying to

do to you. that is your playbook. get ready for more. and they are going to make it up, just like they have so far. all anonymous, all innuendo, all rumor, nothing sourced, no verification, and they're just going to keep doing it, because you are a threat, to them. what you are seeing right now with me, is the art of the smear. it is the classic art of the smear. take whatever tiny kernels of truth -- and there are tiny, tiny ones in there -- and blow them up into a masquerade of a narrative about somebody that i am definitely not. >> just to be clear on the most troubling allegation, right, of sexual assault, that allegation isn't unsourced for innuendo. there is a police report initiated by a nurse, who saw the woman in question at the hospital a few days later when she came to set hospital seeking a rape kit. that is not just people whispering into people's ears. there is a police report, there is a woman he paid. he said he did not rape her, he

said they had a consensual sexual affair while he was still with his third wife, but just wanted to make that clear. of course, it is not megyn kelly that hegseth needs to win over, it is united states senate. today, he met with iowa republican senator joni ernst, who could be a potential replacement for hegseth, should he drop out of consideration. ernst, a commander in the iowa national guard, a survivor of sexual assault, only said that their conversation was frank and thorough. he is going to meet with republican senator susan collins of maine and lisa murkowski of alaska next week. but according to one democratic senator, hegseth is facing quite a bit of opposition from republicans behind closed doors. >> i have talked to a 5 to 10 republicans who have said to me, they are just waiting for the right moment to say, "no," to pete hegseth. >> what you think so few republicans -- none, by my count -- have been able to come out and definitively say that they will not be able to support this nominee? >> nobody wants to defy donald trump, if you are a republican. >> it is not clear how much

longer donald trump will be standing by hegseth. there are already reports that the trump transition team was blindsided by the allegations against hegseth, notably at most crucially the police report of the sexual assault allegation. and today, a reporter from fox news forced her former colleague to concede that a potential meeting with trump may have been canceled. >> hey, pete, are you looking forward to meeting with president trump tomorrow? >> it's not on the schedule right now. we are staying on capitol hill and meeting with senators. >> all day tomorrow? >> on the hill tomorrow, talking with senators. >> will you talk with him tomorrow? >> a talk with him all the time. not on the schedule right now. the wall street journal is reporting that trump is exploring other options including florida governor and former rival ron desantis, the man that trump nicknamed ron saint you know it is abundantly clear that his nomination is on the box, just a couple of hours ago, hegseth insisted that he is confident. >> you feel confident that your

meetings today will be confirmed? >> great meetings with all the senators today. >> you feel confident? >> i feel confident every day. >> are you meeting with president-elect trump tomorrow, sir? >> not right now, but i can meet him anytime i like. >> part of the saving grace that might save us in the end from some end of american democracy, one of the things that we have going for us that want to preserve the american system, is that the incoming president watches cable news all day, and he doesn't like bad coverage. this is not a man with an iron will about staffing decisions. we have seen this before, right? he is finicky. he changes his mind a lot. last person in the room gets to him, the coverage gets to him, if you create problems, he gets wobbly. we have already seen it with matt gaetz, his pick for the d.a. three weeks ago, team trump, let's remember this, they won the election, he won an actual plurality of the votes in the popular vote, the new god king was back. they were floating a plan to forcibly adjourn congress and push through the entire slate of nominees without senate confirmation. well, we are a long way from that, and that is because public pressure and politics is already working. so, a senior national reporter

for nbc news and he joins me now. so, obviously, there is a certain sort of familiarity to nominee on the rocks, here. this is a certain set of circumstances just because i think the resume here, in terms of the seriousness of the job, the resume is so thin, compared to what the job is, that even if the allegations weren't there, i think there would be some real concerns from senators. but, what is your read on capitol hill, after today? >> well, chris, it is looking like an increasingly rocky and uncertain path to confirmation for pete hegseth, for a variety of reasons. but, he is still here, making the rounds on capitol hill, meetings with senators, trying to wrestle his nomination from this turbulence that he has hit just today. we know that he met with at least three republican senators on the armed services committee, which will oversee his nomination. that includes roger wicker, the incoming chairman, it includes kevin cramer, a member of the panel. and as you mentioned, joni

ernst. now, wicker and cramer indicated that they want to be supportive, although they were not that definitive. joni ernst said no such thing. she said, and she tweeted after that meeting only that it was a frank and thorough conversation. now, just think about all the things, chris, that these senators are being asked to overlook. there is a cascading series of strikes against hegseth that they all have to consider, there is the financial mismanagement he was accused of at the veterans organization, there was the sexual assault allegation from several years ago that he denies, but his team doesn't deny, the financial settlement payoff to the accuser, there are allegations about how he treats women generally, which were initially brought up by his mother in the letter, which was just also played. she denies that. and, most recently, there are allegations that he has an alcohol problem. we know that he told senator wicker that if he gets confirmed to be secretary of defense, he won't drink. now, the fact that he is even in a position where he has to make that promise is not a good sign for his prospects.

and chris, the reason that all matters is this is the department of defense. it is not an agency or department that republicans don't really care about, if it is something like the department of education or the epa, those -- they don't really think those should exist anyway, nominees for those won't get this high level of scrutiny, that someone for the dod is getting. they don't want to be caught in a situation where if there is some real truth to these nominations and they can from him, and his tenure ends up being terrible at the pentagon, they will partly be blamed for it, as well. that is what they don't want and that is why this nomination is going to be a challenge for him. >> great reporting, as always. thank you, sir. congressman dan goldman is a mcrath in new york who serves on the oversight committee. he joins me, now. taking a step back, congressman, there was kind of this bluster from the trump folks after election day, and it is because he won the election, and actually won the popular vote. there was this idea that they were going to invoke this never before invoked facet of the constitution and forcibly adjourn the senate, push through all their nominees.

what is your read of what we have seen happen in the month so far, in terms of what has just been normal, in a good way. i mean that in a good way. the normal back and forth of like american democracy functioning, still. >> absolutely, chris. and i think what we are seeing is a quiet but steely resolve from the senate republicans, who cherish their advice and consent responsibility, as they said, and are taking it very seriously. and yes, as senator blumenthal said, they are not going to go out and speak against the nominees, but they are doing their due diligence, as they are required to do by the constitution, and they are pushing back. and ultimately, matt gaetz didn't have the votes in the senate, senate republicans made that clear. so, donald trump asked him to withdraw. pete hegseth, pretty clearly does not have the votes and at some point, i would expect donald trump to withdraw him.

and that is just the proper functioning of our constitutional system. and i do give my senate republican colleagues credit for standing up for their own institution, for their role under the constitution of advice and consent, and making sure that the nominees that are put forward for these very, very important positions, are qualified, competent, and ready to serve. >> i mean, part of this, too -- you know, you forget just how abnormal and aberrant the incoming president is, how much this is all kind of a game show, people he recognizes from tv -- like, republican senators at the most basic level genuinely want someone competent running the entire united states military. [ laughter ] i mean, that's -- it's almost crazy to just articulate that, but i do think it is the case that most of the people in that caucus actually do want someone they think is fit for the job to run the entire department of defense. >> absolutely.

and that is why we are not talking very much about marco rubio, the nominee for the secretary of state. he is clearly capable, and will probably sail through. we are not talking about doug burgum in the department of interior, who is clearly qualified, competent, and will sail through. we are talking about some of the nominees -- not all, but some of them -- you are so unqualified, so dangerous, so incompetent, that it will jeopardize our government. it will not only jeopardize our government internally and what happens here, domestically, but it will seriously jeopardize our national security. and when you see people like pete hegseth, or kash patel -- who has been recommended for the fbi -- work -- or toasty gabbard heading the department of national intelligence, the director of national intelligence, this is very dangerous for our national security and for our democracy, and it is clear donald trump

can nominate qualified candidates. so, i think that senate republicans are correctly saying, "come on. why don't you put up qualified candidates? there are plenty of them. we know you can do it. you have done it. let's get rid of these unhinged, dangerous, incompetent, and unqualified nominees." >> you just mentioned kash patel, who is a staffer of the house select intelligence committee. and then, worked in the white house. i want to ask you about some reporting on politico about a discussion that is happening inside the white house, and given your sort of background of the law and your work on the hill, about the possibility of preemptive pardons. specific preemptive pardons as kind of protection against abuse of the rule of law and the depredations that might follow. i am going to redo this report and get your reaction. biotin senior aides are conducting a vigorous internal debate over whether to issue preemptive pardons to a range of current and former public

officials who could be targeted with trump's return to the white house, aides are deeply concerned about a range of officials who could find themselves facing inquiries, even indictments, a sense of alarm, which has only accelerated since trump announced the appointment of kash patel to lead the fbi. white house officials are carefully weighing the extraordinary step of handing out blanket pardons to those who have committed no crimes, both because it could suggest an impropriety, and because those preemptive pardons may reject them. what do you think of that discussion? >> i think the fact that they have to have that discussion says everything about kash patel and donald trump's nominees. there is no reason why any president must consider preemptive pardons, because the incoming administration has made it so clear that they will go after political adversaries -- and kash patel has been incredibly vocal about that -- and i hope that the senate republicans who know joe biden very well, and know that he would not take something like this lightly, really consider

the fact that that is even part of this discussion about kash patel. he is unqualified, he is unhinged, he has made it very clear that he is out for retribution, he is sending cease and desist letters, and lawsuits. this is a dangerous person to head up our top law enforcement agency. and just the fact that this is even part of the conversation says everything that the senate republicans should need to hear. >> congressman dan goldman of new york, thank you, sir. still ahead, the ceo of the largest private health insurer in the company, gunned down outside a new york city hotel in a brazen targeted attack. the latest on the massive manhunt is still underway now. next. now. next.

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there is an ongoing and active manhunt here in new york city for a gunman who shot and killed brian thompson, ceo of unitedhealthcare, one of the nation's largest insurers, this morning outside of a very crowded, busy hotel in midtown manhattan. we do have security footage of the incident, i'm going to shows it to you but we will freeze it before the actual shooting occurs. at 6:46 a.m., thompson, the man in the blue jacket, you see is walking near the new york hilton hotel when a gunman approached from behind and as you can see right there, shot thompson in the back. the gunmen continued to fire, at one point, his gun jammed, the men cleared the jam and

fired again. he fled on foot and then e-bike according to nypd. police released the security camera photos shot in a nearby starbucks before the shooting, showing part of the assailants face obscured by a mask and hoodie. it is nearly 14 hours after the attack, much we still do not know. earlier today, new york police held a press conference and called this a brazen, targeted attack where the gunmen waited for his intended target. >> i want to be clear. at this time, every indication that this was a premeditated, preplanned, targeted attack. >> the motive for this murder currently is unknown, but based on the evidence we have so far, it does appear that the victim was specifically targeted, but at this point, we do not know why. this does not appear to be a random act of violence. >> tom winters, the nbc news national law enforcement and intelligence correspondent, he

joins me now. tom, i have to say, my word, just in terms of where it happened, the audacity of it, the barbarity of it, and the fact that it happened, it is such a crowded spot of the city, 6:30 in the morning. >> you would think 6:30 in the morning and who is going to be on the streets? but, in that part of town as you and i were discussing at the break, it is busy at that hour in the morning, that is a very busy hotel, the hilton hotel, where he was apparently on his way to speak at a conference at 8:00 a.m. an awful lot of tourists in the area. this is a huge part of the christmas season here in new york city, it is what is called a gridlock alert day, so people can't move around, even at 7:00, 8:00 in the morning this morning, it was difficult to drive around town. point that came up in the course of this that i think is rather important, the fact that he took a bite. that was the exact way to get out of this area at that hour to be able to get at least somewhat of a head start on the police department.

and so, frankly, got lucky, this alleged shooter, this suspect, that he didn't bump into an nypd officer, just given how many officers are out there at midtown when this happened. so, yes, this is somebody who clearly knew where this health executive was coming from, the hotel he was staying at, where he was going to, a general sense of what time that might occur, so it definitely points to some planning ahead of time. it was an e-bike that he had but not a citi bike, so not something that could be immediately tracked, so i think there are a lot of questions tonight about where he is going to go. >> that is interesting, one of the details, because i had seen in reporting that it was a citi bike, and then lyft, which runs the citi bike, said it was not our bike so it does appear to be an e-bike that he got away with. now, i saw a number of eyewitnesses interviewed there. i mean, the scene must have been shocking, there. >> absolutely. >> the people that saw him lingering for a long time. >> right, he was lingering for a long time. you see here in the video, it is kind of a perfect set up for

him, he has the camera to his back, he has him in front of him, so there is no opportunity for thompson to realize that he is behind him. but, this is a person who is married, he has two children, so obviously a very difficult thing, chris, for his family. and he has got what appears to be some sort of a suppressor on the gun, which may have led to it jamming, but that is obviously going to quiet the sound and not ricochet through the canyons of manhattan at that hour. so, definitely some planning, here. he is wearing a mask. the images that we saw that were taken, that was from prior to the shooting, a little bit more clear tonight, but probably not enough face showing for the nypd facial recognition unit to be able to do its work. so, yes, at this hour, still some solid leads that are being followed, but i don't think the detective bureau has keyed in on exactly where this is going to go, yet. >> maybe this is a dumb and naove question, but i will ask it, the first reaction when this happened was, there was no way that this person can get away with this. like, in this day and age, with the other insane amount of surveillance technology, digital footprints of everyone, the amount of cameras that are all over the city, covering

every inch, you can't shoot someone in the middle of midtown, and ride off on a bike! i mean, how confident, i guess, are the nypd that they will find the suspect? >> there is a strong feeling that at some point they will get to a resolution that will result in handcuffs. and just knowing, these days, how they are able to do these investigations, how they are able to work backwards. the whole key to this investigation is going to be the timeline, not just the moment of the shooting, the moments afterwards, and where he goes to 55th street that he picks up the spike that he apparently has waiting there, zooms up six avenue, goes into central park. that, they've got. now, you want to start tracing backwards. where was he? does he make a mistake? does he drop the mask at some

point? all of those things come into play. to your point, i completely agree with you, i cannot remember the last high-profile crime in midtown that was not solved, because not only do you have nypd cameras, they are going to work with hotels, they are going to work with the restaurants, they freely exchange that type of video. nobody wants this in the heart of new york city. they are going to get that information and be able to back it up. >> there were some reporting today, interviews from the widow of mr. thompson saying that he had received threats, but as of now, earlier today, obviously as you saw on the clip we played, there was no determination of a motive and i imagine it remains the case until they have further identification suspects. >> that is right, that is the chief detective speaking, there was a cell phone recovered, unclear if that is specifically involving the suspect or if there is anything on there that could be helpful. in this day and age if there was any sort of tracking of a cell phone, what they can do with the cell site analysis, both the nypd, and the fbi, if needed, it is fairly incredible. so, the information on that phone obviously could be helpful. tracking back those threats, so if they are able to go back and say, what types of threats did

he get? could that point us in a direction? again, chris, all the type of work that you know is going on, yes, it does sound a little csi to us here sitting and talking about it tonight, but it is the actual work they are doing. >> and there are people working around the clock on this. tom winters, as always, thank you. >> you got it. coming up, trump's pick to run the fbi in his many, many, many words come in next. next o vaporize that sore throat. vapocool drops? it's sore throat relief with a rush of vicks vapors. ♪ vapocooooool ♪ whoa. vaporize sore throat pain with vicks vapocool drops.

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the only good thing about being in the swamp is you get to sit in the dojo that steve bannon built and that is where i am operating right now in my trump old mania t-shirt because that is is what it is all about. >> that is kash patel, the man trump's nominated to run the

fbi. he has never worked for the fbi but he does host steve bannon's "war room" podcast a lot where he loves to share conspiracy theories. >> the chinese, the ccp, helped fund portions of the biden campaign. get the sergeant in arms to go out and arrest merrick garland. they want everything and every way to rigged this system, just like the censorship regime. we are going back to wuhan, going back to covid origins, and going back to another form of a mega virus that can take out china's enemies. they are in on it with the mainstream media, the biden- harris-walls campaign, and of course, the fbi. >> like so many guys in trump world, patel just can't stop talking which, you know, game recognize game. these folks are mostly made of podcasts at this point and from the little i have heard from what he has been saying is really out there. joining me now is someone who has spent a lot of time listening to those podcasts, zach is a senior correspondent at box where he covers democracy and the far right, his latest piece is titled "i listened to hours of trump's fbi pick on steve bannon's podcast.

oh, boy." zach, thank you for doing this genuinely important work. i guess, what is first, your sort of top line about what you came away thinking about, the qualifications and worldview of this individual? >> yeah, kash patel may or may not have significant experience with government, it depends on how you assess his time with the trump administration. what he does have is a very, very harried worldview, that is the best way to describe it. he is constantly drawing connections between one threat and the other, an external threat to american security, and whatever problem he has with the biden administration or democrats at the moment, all of which circles back to a kind of personal threat against donald trump, who he sees as really the linchpin of the american republic, at least in the way he talked about things on this podcast. >> the overwhelming impression is that patel is a man whose entire world real -- view

revolves around conspiracy theory specifically american conspiracy theories against americans and trump, i thought this was a really interesting observation. i am reading the beverly gage pulitzer prize-winning biography of j edgar hoover right now, in some ways printed by what is going on. he said there is a specific kind of session that reminds me of the fbi's first director, j edgar hoover, a man who infamously abused his power to persecute political enemies. tell me more about that? >> so, hoover basically built his worldview after this kind of fear, post-world war ii fear of infiltration, attacks on american soil. he was worried about, for instance, kamikaze attacks happening inside the united states after what had happened on the pacific front during the war and he believed the soviets were responsible. in this sense that the soviets were infiltrating american government in order to execute these actual, kinetic plots against the united states, in addition to whatever else the soviets wanted to do, really defined what hoover was concerned about and led him to see soviet agents basically

anymore. and what patel does, there is no one overriding threat like the soviets, but he strings together a few different enemies, like china at some points, iran at other points, sometimes even drug dealers, bringing people across borders. and all of them are linked back in varying ways to the democratic party and domestic enemies. you played that clip of him talking about china funding biden. there is no real evidence for this, right? his argument is a report, i believe i tried to trace it back, the house republicans had put out that suggested that maybe there had been some foreign money going to act blue, the democratic crowdfunding platform but that is not good evidence to say that china is funneling money to the biden campaign. but, it is important for him to make this argument because it creates a justification to be able to say, when i go after them, as fbi director, right, it is different from when they went after me, which is what he believes happened, when the government was under biden's control.

>> right. i want to play two clips, here. one is about using this model he used when he was a staffer in the intelligence committee to essentially fight this media war through leaks and use of official documents, that he says he wants to sort of export as a kind of model for fighting back against trump's enemies. take a listen. >> this is how we won russia gait. we not only want the congress, we used the white house, we use the power of educating the american public with the corruption author's own documents from fbi and doj, and it can be done. steve, just think about that. we did that at one place in the fbi, mainly, and a little bit of doj. just think about what you can do, if you can do it all at once, at dod, at the cia, at the doj, after the fbi, at treasury, at state, and the list goes on. >> basically, the idea of using government documents in your

possession for official purposes, as a tool of essentially selective leaking for propaganda. >> yeah, i mean, his view is that the domestic enemy is literally the enemy, right? that there is not a meaningful distinction in many ways between a foreign threat and a domestic one. and so, when you take that belief, when you believe -- he wrote a book called "government gangsters." he is talking all the time on these podcasts, and the argument of the book is very literal. the american government is a kind of model operation that is directed at republicans and donald trump, that is designed to direct his own power and keep the deep state in power, personally. he even has a literal enemies list in the appendix where he lists 50 odd people who he believes are part of this nefarious group of government gangsters, the deep state. and patel believes that they have weapon iced the state against republicans and the only way to fight back is to weapon the state against them. that doesn't mean playing by the rules, or within the normal balance, it means doing whatever you need to do in order to make sure you win the

political war. >> there is another clip where he sort of promises to go after the media, whether civilly or criminally, this one has gotten a fair amount of attention. a part i take literally, although this is someone who clearly wants to be a media figure, i would give him a four or five out of 10 as a broadcaster, but not terrible. zach, thanks a lot. >> thanks, chris. coming up, with the last house race called in california, republicans will have such a thin majority, they will not be able to take a single vote, not one, once trump is in office. that is next, i will explain. w oh, we got a weathertech gift card! weathertech is the perfect gift for everyone. may i? (laughs) laser measured floorliners protect carpet in the front and second row.

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a month after election day and the last undecided race for congress has finally been called. we got a full set. adam gray, democratic former state lawmaker defeated the republican incumbent, flipping that red house seat in california's central valley. that means in the final tally, republicans have won 220 house seats, democrats have won 215. that is actually a net gain of one seat for democrats in this election. in fact, the only thing that stood between democrats and an outright congressional majority in this election were the three seats that north carolina republicans flipped thanks to a gerrymandered map drawn up by the right-wing state legislature last year. without that, congress was looking at a hakeem jeffries a speakership.

but even with those seats, you have a very tenuous republican majority. that 220 votes is actually 219, you will recall, thanks to the resignation of matt gaetz, which was very abrupt, who was nominated to run the department of justice until he withdrew. don't forget trump has tapped two more house republicans for what has jobs, alisa stefanik of new york, as u.n. ambassador and mike waltz as national security advisor. even house speaker mike johnson had to admit today his majority literally cannot get any smaller. >> we do have the majority, we know how to govern with that small majority, we have been doing it for a year. we will fill those seats, there will be three think it, so it will go from 220 to 217, that is razor thin, but only for a few months. >> right, 217 to 215, which is what it will be at the beginning until those open seats are filled, republicans cannot afford to lose a single vote on any legislation they want to pass unless they can get democrats to vote for it. this is pretty much the story for republicans across the

country after these elections, right? the huge, sweeping landside victory by maga. according to analysts, overall, get this, republicans gained 58 seats of the roughly 6000 races on the ballot nationwide. according to a review of each legislative states election, by the indispensable bolts magazine. that is less than a 1% gain across all elected offices in all 50 states. it is even wilder when you consider that several election cycles in the obama years saw prorepublican swings to the numbers of hundreds of seats. as boltz put it, these legislative results to a broader pattern of short coattails for trump. the gop did not surge down ballot as it did in the presidential race. after the election, we were told by exuberant trump allies and credulous reporters that republicans were ready to steamroll everyone in their way because they had this enormous mandate. four weeks later, republicans have lost two white house nominees, gaetz and trump's dea

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today, more than half of all states have passed bans on gender affirming care for minors. many of these bans have been challenged in court, in a couple of the states, the bans have been either temporarily or permanently blocked which means trans youth in those states are currently unable to get care. but today, a huge day at the

supreme court where they heard a landmark case on transgender rights that could potentially affect the fate of folks in all those countries, all those states, particularly those living in states who have passed or made yet passed bans on this medical care. the court heard a challenge to a van in tennessee and not surprisingly at least some of the justices in the supreme majority seem to be chomping at the bit to uphold the ban. >> do you maintain that the procedures and medications in question reduce the risk of suicide? >> i do, justice alito, maintained that the medications in question reduce the risk of depression, anxiety, and suicidality, which are all indicators of potential suicide. >> do you think that is clearly established? on page 195 of the cass report, it says, there is no evidence that gender affirmative treatments reduce suicide. >> the reason for that is completed suicide, thankfully, and admittedly, is rare.

however, there are multiple studies, long-term, longitudinal studies, that do show that there is a reduction in suicidality, which i think is a positive outcome to this treatment. >> chase will drum is the director of the south carolina chapter of the aclu, first trans person to lead any chapter. a similar ban on trans care in south carolina and he joins me now. it's good to have you on the program. obviously, the aclu, a key plaintiff in this. you are the first trans person to argue in front of the court today. first, just give us the stakes for this, given the fact that there has been a kind of legal limbo anticonstitutional limbo over these bans, and the court looks like they are going to come in and definitively resolve in one direction or the other. >> well, thanks for having me, chris. good to be with you. look, i want to take us to the families that are at the center of this case. the plaintiffs in this case, the parents have watched their children, have had their healthcare stripped away, and

they are left with this impossible choice. do i uproot my life? leave my community, my school, my job, my home, my neighborhood, and moved to a state where my child can get medically necessary health care? or, do i stay and watch my child suffer? and we know that transgender kids who are denied this kind of care are at greater risk of dropping out of school, using drugs and alcohol, experiencing anxiety and depression, and considering suicide. and you know, watching the oral arguments today, that is what really stood out to me, is the stories of such incredible harm that these families have experienced, and what a wonderful job both the solicitor general and my colleague, chase, did at bringing those stories to the floor. >> i guess the argument that the folks on the other side of this have made is that this is harmful and/or -- whether it is

or isn't harmful, the state has the right to do this, basically. we have seen states do this in lots of places. obviously, the argument on the other side we saw from a bunch of justices, is that you cannot leave the rights of minorities in the hands of the democratic process. what is the grounding you would like to see, the outcome you would like to see for those kinds of families that are just trying to get good care for their kids? >> absolutely. the best possible outcome here is that this case is remanded back to the lower courts with a clarification that laws cannot target transgender people, right? because what we are talking about here is a specific set of medical treatments, hormone therapy, so puberty drop blockers, testosterone, those kinds of treatment are provided to kids who are not transgender. this law prohibits that exact same medical treatment for kids who are transgender. and that is really what it

comes down to, is is that constitutional, or not? and we really need the court to clarify that that is unconstitutional, a violation of equal protections, so that these families can begin to access this medically necessary health care. >> that point is really important, let's stay on this for a second because i think it is the same in the south carolina law, the state you are in. so, if a child is showing very early signs of puberty, this is not a kid who is questioning their gender, or experiencing gender dysphoria, just very early puberty, puberty blockers can be prescribed and even under these states that have bans for the use of this medicine for other purposes, they say you can use the medicine, just not for this reason, same thing for endometriosis. it is very striking to me, one of the argument you are making here is, it is not actually the treatment, it is not the pills, it is not the medicine, it is who gets to have it, for what purpose. and it is essentially constitutionally impermissible for a state to come in and say, you can't use it for this

purpose when the medicine itself is legal to prescribe for other purposes. >> you are exactly right, chris. the reality here is that we have decided that this medical treatment is safe for kids. it is only now not permissible for trans kids. and i will tell you, when politicians tell me that what they are trying to do is protect kids, i put them to our law in south carolina, which has actually taken care away from adults. and so, really, when they say they are protecting kids, that is just a fallacy. in fact, this is about a government attempt to control transgender people and keep them from making decisions about their bodies, and their lives, and their futures. >> there is also the question of the parents, here. and it is striking to me that -- you know, if i had a kid who had a medical condition, or psychological condition, or any condition i was trying to treat, i would want to give them the best care i can and i would want to listen to doctors, i am a smart person, we can listen to some doctors and not others, just because my kid wants some kind of care, we are not going to do it, but we will make the decision as a

family. it seems like that parental rights should mean something, that the state can't override. >> and, in fact, these laws do override parents' abilities to make medical decisions for their child. it says some parents get to make these medical decisions, and some parents don't, and that is why these parents in tennessee and parents from these estates all over the country are saying that their rights are being violated. look, i am a parent and i take very seriously, my job making medical decisions for my kid. and i want to make those decisions with my kid, and with medical experts, not with politicians, but they continue to insert themselves into the doctor's office with us. >> jace woodrum who is with the aclu in south carolina, one of the states under these bans. thank you so much for joining us. in on this evening. alex starts tonight. good evening alex. >> one of the things that did