one is admittedly a matter of mild personal embarrassment but to means that this is a problem for me, one for which i have no defense. merry christmas, that will do it for me for now, now it is time for the last word. >> i am busy taking a photograph of this split screen right now. for my year and collection here. rachel i have a serious news our to do here and that is the perfect start. thank you very much for changing the way i think about tesla. it is a chinese car company is it not? i had not framed that correctly

until tonight. >> the biggest tesla factor is in shanghai. it makes half of the teslas made anywhere on earth and he wants to build a battery factory somewhere down there. elon musk must have no more important stake anywhere in the world and where they are in china so if elon musk is acting in his own company's interests, the thing he most wants to do is keep the government of china happy and get things for himself so to have him solo driving the bus when it comes to the behavior of the congress which is what happened around the government shutdown, it does not feel like a american story at all. >> yes and tonight we have a

member of the house ethics committee and he has been on this program while the matt gates investigation was underway. it was a careful discussion. there was much he could not say , with the report out tonight he can get into more detail about what that investigation was all about which you covered in your hour so well, we will get into it here as well. >> right on. >> thank you for another great year on television and i will see rachel in the new year. the house ethics committee today released a report unlike any in the history of the house ethics committee. the ethics committee unanimously believes that former florida republican congressman matt gates sexually assaulted a 17-year-old girl in florida. the committee found substantial evidence. substantial evidence of that assault.

that victim is named in the report as victim a. as reported previously on this program by a attorney for a teenager who was paid to have sex with matt gates, that teenager witnessed matt gates having sex with the 17-year-old. minutes after matt gates entered a party and immediately upon meeting the 17-year-old. the committee report says the committee received testimony that victim a and representative gates had sex twice during the party including at least once in the presence of other party attendees. victim a recalled receiving $400 in cash from presented gates that evening which she understood to be payment for sex. at the time she had just completed her junior year of high school. victim a acknowledged she was under the influence of ecstasy

during her sexual encounters with representative gates at the july 5 2017 party and recalled seeing representative gates use cocaine at that party. last month elon musk was part of a group on trumps plane who convinced trump to choose matt gates to be attorney general of the united states of america. in that passage of the ethics committee report matt gates is described as committing state and federal crimes, the state and federal crime of using cocaine. the state crime of assault of a 17-year-old girl in a state where the age of consent is 18 and elon musk said matt gates will be our hammer of justice. elon musk wanted the first man in the history of the house of representatives described as a

sexual assault or in a committee report to be the attorney general of the u.s. when trump made the most inappropriate choice of attorney general in history trump said matt gates distinguished himself in congress. well he certainly did. he is the only member of congress in history to have been unanimously judged by the house ethics committee which includes five republicans and five democrats, to have quotes, violated house rules, state and federal laws and other standards of conduct prohibiting prostitution, statutory assault, illicit drug use, acceptance of impermissible gifts, the permission of special favors and privileges and obstruction of congress. matt gates obstructed this house investigation in every way he possibly could which is one of the reasons the

investigation took as long as it did. when matt gates resigned from congress he believed that tactic of resignation would prevent this report from ever becoming public. the republican speaker of the house who presents himself as the most pious christian that has ever served in that position, did everything he possibly could to suppress this report. about matt gates and prostitution, sexual assault, illicit drug use, speaker mike johnson did not want you to know about any of that. >> when it comes to the floor and it is a vote before the body they will hear my preference on it. my recommendation, a vote against the release so we will see how that shakes out. >> that is what speaker mike johnson got every republican in the house except for one to vote

to suppress the report so you could never see it. speaker mike johnson, donald trump and elon musk did not want you to know that there was a house ethics committee report already written that says representative gates used or possessed illegal drugs including cocaine and ecstasy on multiple occasions. mike johnson, donald trump and elon musk did not want you to know that there was a ethics committee report already written that says representative gates engaged in sexual activity with a 17-year- old girl. they wanted him to be the attorney general of the united states. the house ethics committee report is as much a report on donald trump as it is on matt gates. the house ethics committee report represents the indisputable proof beyond a reasonable doubt that trump has the worst moral and professional judgment in the history of the presidency for

staffing the federal government. donald trump wanted a attorney general who committed sexual assault in florida according to the house ethics committee. trump wanted a attorney general enforcing laws against the use of cocaine in this country who was a user himself according to the ethics committee. not every member of the house ethics committee agreed that this report should be released. after matt gates resigned from congress. the majority of them did finally agree. to release the report. which means at least one, possibly more than one republican on the committee voted to release the report. every republican on the committee agrees with every word of the findings in the report. that is the important part of this. all five republicans on the house ethics committee agree with every finding, every

accusation made about matt gates in this report. the committee asked matt gates to provide them any evidence that could possibly convince them that he did not do what witnesses accused him doing in the investigation and he provided no evidence at all to the committee. even attempt to change their minds about what they were finding. the committee's report notes under florida statutory assault law it is a felony for a person 24 years of age or older to engage in sexual activity with a 16 or 17-year-old. a person charged with this offense may not claim ignorance or misrepresentation of the minor's age as a defense. there is no criminal defense for matt gates having sex with a 17-year-old girl in the state

of florida. the 17-year-old told the committee she did not discuss her age with matt gates. the committee found he attended sex and drug parties with greenberg to the committee reports pleaded guilty to six charges including sex trafficking of victim a. sex trafficking of that 17-year-old girl. so matt gates former best friend and frequent group sex partner greenberg is in prison tonight because of what he did to victim a and trump wanted matt gates to be attorney general of the u.s. after what he did to victim a. according to the ethics committee report. elon musk wanted back is to be attorney general of the united states after assaulting victim a according to the ethics report. one of the young girls who matt

gates paid for sex told the committee under oath, it is frustrating to know i live the reality that he denies. there has been some sloppy reporting today at out exactly what matt gates denies. in fact and this is really important, matt gates has not denied today a single factual assertion in the ethics committee report released today. in the past matt gates has issued blanket denials but we did not know what the denials were about, there were just blanket denials and they should no longer be applied to the ethics committee report by anyone in the news business. the ethics committee report is specific with specific incidents. matt gates did not deny today

after this report came out that he used cocaine. matt gates did not deny today after the report came out that he assaulted victim a. he did not deny that today. now that we have the facts matt gates is not contesting as of tonight a single fact in this ethics committee report, not one. he has tried to suggest you cannot rely on the testimony of people who are taking drugs. today matt gates posted this deflection saying i am accused of being at some party five years ago, here is the gate log for that home in a community that checks dls for entrance and i am not on the law, the other attendees are but a who said they were on drugs say they remember me there, do they also remember seeing jimmy hoffa and tupac?

>> here's what the post does not say and this is important. he is trying to trick you with that, the post does not say i was not there. he could have said that but he did not. then matt gates wants us to doubt the memories of people who were on drugs who according to the ethics committee report includes matt gates, in fact matt gates as of now is the single biggest drug user in the house of representatives in history according to the house ethics committee. the egg is drug user the house ethics committee has ever investigated. a out-of-control criminal drug user according to the house ethics committee. they say he paid for sex while

taking drugs with them. denying specific allegations in the ethics report has something matt gates decided not to do today. the report says the record overwhelmingly suggests that representative gates had sex with multiple women at the party including the then 17- year-old for which they were paid. victim a acknowledged she was under the influence of ecstasy during her sexual encounters with representative gates at the 2017 party and recalled seeing presented of gates use cocaine at that party. victim a told the committee she was certain of her sexual encounters with representative gates on that night. the committee report describes matt gates written answer to the committee about the question of having sex with victim a this way. representative gates generally denied engaging in sexual activity with a minor but

refused to answer specific questions relating to his interactions with victim a. refused to answer specific questions relating to his interactions with victim a. i wonder why. matt gates refused to testify to the house committee. innocent members of the house and senate are very eager to testify. when they are subjected to ethics committee investigations. they do not defy subpoenas to testify. the ethics committee obtained under oath testimony against matt gates and matt gates has refused to answer any specific questions about any of that under oath testimony about him. matt gates was the first big loss after the election of

donald trump or for trump and elon musk. he was their first big loss but the five republican members of the house ethics committee and the five democratic members of the ethics committee conducted a thorough investigation that saved this country. from having to indoor matt gates as attorney general of the united states. some of the republican members of the senate made it clear they wanted to see the committee report before voting on the confirmation, matt gates confirmation did not have a chance. so donald trump had to drop the nomination because even without the house report being made public, everybody knew. every republican in the house

of representatives including mike johnson knew how bad matt gates was and they knew how bad the report was going to be. as bad as any of you might have thought matt gates was, today's ethics committee report and victim a proved to you matt gates is even worse than that. leading off our discussion tonight is democratic congressional member and also a former federal prosecutor. thank you very much for joining us tonight and i want to thank you again for joining us prior to the release of this report. to talk about what was happening in the ethics committee in the extremely limited ways you were allowed to do that. you did it masterfully at the time i have to say but i am glad we can now have a freer discussion of this evidence.

for you especially as a federal prosecutor what was the most critical evidence you saw in this investigation? >> there is quite a bit of it, the staff did a outstanding job as they always do of bringing evidence together for us, the testimony you just referenced a moment ago was very powerful, there was also text information exchanged between some of the witnesses among themselves and with mister matt gates and there was also financial records that corroborated what they said as well. so we had a range of information that the staff had gathered. some from the department of justice and some from other sources but mainly it was the committee getting the information on its own accord. i thought it all came together in a powerful way. certainly the testimony of victim a i thought was eye- opening for sure.

>> for you as a evaluator of evidence you found that testimony convincing. >> yes i think it was very powerful in its own right and as i mentioned it was consistent with other statements given by other witnesses. text messages bank records, not all directly in some of the allegations but the totality of the circumstances i thought supported our findings and substantial evidence of those violations. so i think it all came together in a good and positive way. >> as you went to this investigation, by the way thank you for the description for what the delays were about in this investigation, that is something we on the outside could not know without seeing everything you revealed in the report which i urge people to read available at the committee website.

as you were coming to the committee's decision about how to write the report was their general agreement about the evidence with democrats and republicans? there is no dissenting in the report about the evidence. >> i cannot get into the internal deliberations even at this point but i think you are pointing to the dissent that raised issues about jurisdiction and objections to releasing the report in general. it made it clear that there were not disagreeing with the factual findings so even though there were some disagreements about whether the report should be released as you saw in the dissent there were at least no written objections to the factual findings as they were contained in the report. >> you look at this evidence

with your experience as a federal prosecutor, did you see anything in the evidence that explained to you or could explain to you why federal prosecutors did not prosecute matt gates? >> i am not exactly clear on what their decision-making process was and they have internal processes as well that they do not publicize and i think there is the open question as to what state investigators and prosecutors might do at this point as well, i do not know if they made decisions on this one way or the other. there is a lot of evidence there of substantial misconduct, certainly house ethics violations and criminal violations i think so we will have to see what the

prosecutors decide to do at this point but that is part of the reason we thought it made sense to release the report. to make it generally available to the public so the public can see it and draw their own conclusions and the prosecutors and investigators at the state and federal level can do the same. >> so because he resigned we never got to address the issue of what should be the penalty for this. this reads like a report that would have recommended the expulsion of any member described to have engaged in misconduct. >> you know it is certainly very powerful evidence of serious misconduct. i do not want to say that would have been the conclusion we would have reached because that would be speculative but i will say this, i think it is important that we put that out and put the report out so the public can see it in our

colleagues can see it and those of you that have been following this over the years can get a sense of what the evidence was as we found it. some people made disagree with how we connected the dots but the key point at this juncture is they can make their own conclusions now and decide for themselves as to what they think the evidence shows and whether they think criminal violations should have been prosecuted or the like. >> i want to add this note that the republican chairman of the committee added a note at the end of the report saying in effect he did not think it should be released, basically he said because of some precedents in the past but at the time he was identifying there does exist precedent for releasing reports like this even after the member has resigned. >> yes there is at least four of those that have been

identified that i am aware of any way. the first one we did it back to was 1987. the most recent i believe was 2011. those were all in the house. those were all investigations and reports that were released after the member had resigned or left the congress for one reason or another. i believe there is a example of that in the senate as well so it does not happen often and i do not know if it should happen often but when you have these types of violations of this magnitude, the nature of these i think, elevate this to a point where i think the public had a right to know about it and certainly our colleagues should have known about all of the conduct as well so i thought that supported the decision to make it public in this instance. >> congressman, thank you for joining us on this important night, thank you for your work on this report and thank you on behalf of the people that get

to read it for voting for this report to get released. >> i want to thank my colleagues and especially the staff, i thought even when we disagreed we did it without being disagreeable and we did that over the two years i have been on the ethics committee said thank you to all of them as well. >> congressman ivey, thank you very much. coming up, senator sheldon and the white house is a member of the senate judiciary committee were matt gates confirmation hearing would have been held if matt gates ever made it that far. we will get white house reaction to the gates report next. . perfect! so now, do you have a driver's license? oh, what did you get us? with the click of a pen, you can get a new volkswagen at the sign then drive event. lease a 2024 taos

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powering five years of savings. powering possibilities™. the house ethics committee report released today says there is substantial evidence that representative gates used cocaine, ecstasy and marijuana. at least two women saul representative gates using cocaine and ecstasy at different events, even more women understood him to be regularly using ecstasy and today matt gates said do not believe anyone who takes drugs, he really said that. joining us now is democratic senator sheldon, a member of the senate judiciary committee where matt gates confirmation hearing would have taken place and a member of the senate finance committee. what is your reading of this ethics committee report? >> i think matt gates was

spurred a brutal day in the senate judiciary committee by getting out. it is stunning but before you got to these extraordinary findings you had a guy who trump was proposing to be the top prosecutor for the united states of america whose only experience with criminal investigations was to be the subject of them. before you even get to the conduct, that alone should have been disqualifying so to your earlier point, your reflection of this on the judgment of donald trump is perhaps the most remarkable part of this entire story setting aside all of the grim and salacious details. >> yes and senator that extends to other trump nominees. pete for defense, tolson gabbard.

this unbelievably crazy domination was made by the same person who made these other nominations. >> yes and some of the other nominations are extremely troubled and the best defense the republican senators have right now is to say even if we know who you are, even if you have been paid a settlement, even if you are willing to come in and meet with us we will not believe you until you release your name publicly. we will pretend you are anonymous when they know perfectly well for having see what happened to doctor ford, the two poll workers who giuliani sick the flying monkees of the far right onto. there is a really terrorizing aspect to what happens when you come forward so that is the best they got, to try to make witnesses go away on the theory

they will be terrorized and have their lives ruined if they tell the truth. that is no way to run a nomination hearing. >> senator i would like to squeeze in a commercial break, when we come back i want to talk about the other again important report that came out today from the judiciary committee about the supreme court's culture of misconduct as the report describes it. we will be right back with senator sheldon whitehouse. .

the supreme court has allowed a culture of misconduct to metastasize to a full-blown crisis that has driven public opinion of the court to historic lows. that scathing line is the first finding of the senate judiciary committee report titled a investigation into the ethics challenge at the supreme court, the 93 page report completed 20 month investigation by the senate judiciary committee. it credits public for leading the way on reporting on the supreme court that provoked investigation but the report revealed more unreported gifts to supreme court justice thomas from his most reliable patron billionaire the committee's report says since his confirmation and 91 thomas has accepted millions in gifts from wealthy benefactors, several of whom had business before the court and all of whom first met

thomas after he joined the court. the number value and extravagance of the gets accepted by justice thomas have no comparison in modern american history. senator sheldon whitehouse is back with us. i know this report has been important to you. the report also makes the point chief justice roberts continued unwillingness to implement the only viable solution to the ethical crisis, a enforceable code of conduct. something you have been lecturing us on for a while now. >> yes this is a good report and i want to salute chairman durbin for pulling it all together. over the time that this ethics mess at the supreme court has unraveled it has, an individual episodes and hits. this gift here at this secret

trip there, this payment to somebody's wife, this payment for tuition, this report steps back and takes a look at the entire program which i call the billionaire gift program and point out that there are not a lot of billionaires involved and they are all right-wingers, there are only three justices involved and they are the three farthest right-wingers, is it just a motive that some of them were thinking about leaving the court because it was not lifestyles of the rich and famous enough so in came the billing is to provide them lifestyles of the rich and famous and then you see the same players turning up over and over again. so little leonard leo which was the mistress elf of this billionaire gift program turns up out of the coke others event with scalia in the painting

with crowe and justice thomas. the fishing trip on the airplane with justice alito. so you begin to get the sense that there is more to this than individual episodes. it is actually a plan and a program that the supreme court or at least these justices were very aware of and it puts the chief justices and the conference's failure to get in and clean it up in a different and more damning light. >> what could the chief justice do? >> we just did my report two weeks ago. every single supreme court, all 50 states and the district of columbia have figured out how you take the system and figure out a way so the supreme court justices can

be reviewed when there is a challenge to their ethical conduct. it is simple. you have a inbox were ethics complaints can go. you have people that screen to take out the crazy ones. you have staff lawyers that investigate and that is the key here. there is no investigation. you do not do fact-finding if you are in the supreme court, everybody else does fact- finding, not the supreme court, they will not have it and when you do fact-finding you have independent experts together judges that compare what the facts are to what the ethics rules require and draw a conclusion about whether or not the rules were broken. no piece of that exists at the supreme court. every other supreme court in all 50 states and the district has that model and you can actually get a result from a complaint if there is in fact the ethics violation and with the supreme court they pretend nothing happened they do not

find will fax or make real statements. everything about it is a botch from a point of view of the rule of law. >> senator sheldon whitehouse thank you for joining us tonight. >> thank you. coming up, today, 37 federal death row inmates found out they will spend the rest of their lives in prison after president biden commuted their death sentences to life without parole. that is next. . my moderate to severe crohn's symptoms kept me out of the picture. now i have skyrizi. ♪ i've got places to go and i'm feeling free. ♪

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37 federal death row inmates got the news today that they will spend the rest of their lives in prison. they will not be executed because biden announced today he is commuting there that sentences to life in prison without the possibility of parole. the president did not commute the death sentences of three other federal death row inmates guilty of terrorism and mass murder. he issued a statement saying no mistake i condemn these murderers and grief for the victims of their despicable acts and ache for all of the families that have suffered unimaginable loss but guided by my conscious and experience as a public defender and chairman of the senate judiciary committee, vice president and now president, i am more convinced than ever that we must stop the use of the death

penalty at the federal level, in good conscious i cannot stand back and that a new administration resume executions that i halted. but it spoke to pope francis a arden proponent of all uses of that the penalty and last thursday the white house announced during the call biden accepted the pope's invitation to visit the vatican in january, that will likely be biden's final foreign trip before leaving office. joining us now is ej, a opinion column is for the post and also a professor at georgetown university. it is fascinating to see the way biden's evolution on death penalty issues mirrors public opinion. he was supportive of the penalty in the 90s when it was at a high level of support, it has diminished over time, his support for it has now all but evaporated. >> he really does follow with the public was.

way back in the mid 60s morality of americans oppose the death penalty and then we had the great crime wave that began in the late 60s and continued into the 90s. that crime raise made people angry and mistrust the criminal justice system so opposition to the death penalty dropped from around 47% back in 66 all the way down to 13% in 95, only 13% of americans opposed the death penalty then and then something happened. the crime rates started dropping in to give you a sense of that, in 91 the murder rate was 9 .8 per 100,000, last year it dropped to five that .7 and

this year it will drop a little more lower. america got more confidence in the justice system and are willing to rethink whether putting somebody to death is actually the best response to murder. it does not bring that that person back. i think the other thing that has happened is a lot of religious people including abortion opponents have taken the words right to life seriously and said we want to hold this across the board and you mentioned pope francis and the american catholic bishops that are conservative on a lot of stuff, which we both know, have urged biden to take this step and i thought one of the most moving statements in response to this came from a retired police officer named donnie and his partner brian was murdered by one of the people who biden commuted and he said he agreed with this, he would find no piece by having

the perpetrator put to death and he made a point of saying this is consistent with the faith that the president and i share so i think you have some ethical thinking on one side and a reaction to the drop in the crime rates. >> yes and commuting that that sentence does leave each of the prisoners in prison for the rest of their lives. >> exactly right. it is important, you and i have followed the death penalty debate are entire lives really and what you found even at the height of the death penalty was that there were a lot of people that could say all right if it is really life without parole and there is no possibility that somebody will be let out, that is a just and legitimate punishment and biden underscored

that these folks will still be in jail for life, they will pay a big price for this horrible crime and again i think that is consistent with a certain ethical sense americans have about this. >> ej, thank you for joining us tonight. >> very good to be with you, i think it is a good night for christmas. peace on earth. tonight's last word is next. is next. that smells good! or turn it down... hmm. nice and light. enjoy 40 days of freshness, your way. ♪ lalalalala ♪

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if you are like me and you have not finished your holiday shopping you may take a minute to consider the kind find. kids in need of desks. hardeners with unicef to provide desks to students were students have never had desks and provide scholarships to girls where the public school system is not free.

the girls graduation rate is less than half the boys graduation rate. >> a desk delivered at this school's christmas for these kids. christmas comes in december and nothing happens in their lives. when a desk is delivered to them at their school you made their day. >> for most of the kids at these schools who own nothing, no toys or anything, their very first sense of possession is the feeling they get when they sit at that new desk that they will call my desk. she is nine years old and will not be sitting on the floor in her classroom anymore. >> today if we get desks i will be happy. because i will not sit on the floor and my uniform will not be dirty.

my handwriting will be very beautiful. >> when they are ready to go to high school we are ready to help her with a scholarship. you can help kids like them by going to last word at and make a contribution and specify it is for a desk, you can make a gift in the name of anyone on your holiday list and they will send them a acknowledgment of your gift and your kindness can give students a future. >> in the future i want to become a doctor. to help sick people and earn money to feed my family. >> she gets tonight's last

word. the 11th hour with stephanie starts now. anie starts now. pages detailing what the panel says he may have violated state criminal law. trouble for mike johnson's leadership. the president elect reportedly unhappy with him after the funding chaos. sitting texas congresswoman was missing for six months and finally turned up in a senior living facility. the questions it's raising about the problem with transparency as the 11th hour gets underway. good evening once again. i am stephanie ruhle. in four weeks, trump will be sworn in is the 47th president of the united states. te we learned what's in the house ethics report about his first pick for attorney general, matt gaetz. here is my colleague ryan