according to politico, that is what the supreme court justice brett kavanaugh was doing on friday night, in washington, partying with republican congressman matt gates, also partying, justice kavanaugh, with professional liar sean, spicer who is paid by taxpayers to publicly lie every day for donald trump, and sean spaces brief term as white house press secretary. sebastian gorka, one of the most absurdly incompetent clowns, even among the clowns in the trump white house was there, at the party. with the supreme court justice. so that some workers said, if white mrs., bad what do we replace it with? i don't know, blackness or yellowness? what does that mean? doesn't mean that some cultures are better than others? that's a great question, for supreme court justice brett kavanaugh, which i assume he gave brett kavanaugh that question friday night at the party. why not? supreme court justice brett kavanaugh, thanks fine, no problem. happy depart with sebastian gorka, no matter what he says about whiteness, or anything else. and even worse. not easy to do this. but even worse than all of th

when trump came into office, he put brett kavanaugh in there.hey blocked merit portland -- merrick garland from being on there. i think everybody on the supreme court is fine except for thomas and cavanaugh. -- brett kavanaugh. they should not be up there. they probably would not even be able to get a good job with those kinds of charges. it is ridiculous that they blocked brett kavanaugh's sexual violence tips and trump covered it all up so that he wouldn't be on the supreme court. -- would be on the supreme court. i think it is an honorable position and i think they should have a life term. host: lambert in new york, independent. we will go to you, next. caller: good morning. i have no problem with the structure of the court, even in terms of the different people. my problem is how it is hard -- the constitution and the laws of the land are agreeing between -- an agreement between individuals. and if someone violates those agreements and the lower court, you will know if it is being violated. they make loss that are attractive loss and they ap

bush presidents, had brett kavanaugh was a lawyer for george w.h talking to wolf blitzer on cnn, pushing independents legislative theory in 2000. yes, after oral arguments, kavanaugh discusses english independent legislator theory as used in bush v. gore from what's the north carolina republicans were pushing. it was a very thin slice of legal pie, he was trying to make a distinction between statutory and constitutional interpretation. he seemed to suggest that north carolina supreme court still had some role to play in reviewing the actions of the state legislature, which was the surprise. moreover, the swing vote for this was always going to be amy coney barrett. the liberals do not agree with independence day legislative theory. obviously, and not -- justice roberts. he wants to give more power to judges, not take the power away. so amy coney barrett was always set out to be that fifth swing vote because she has no priors, like she has, unlike kevin, of she hasn't worked on this in the past. there is no cnn clip of her talking about this. she,

. >> carley: from turning a blind a to an assassination attempt on brett kavanaugh to giving the president consistent gaffes and policy failure. >> todd: joe concha, author of "come on, man," joins us. work us through the biggest misses of the year, beside that read i just made. >> joe: right, do you almost forget an attempt was made on justice brett kavanaugh's life? it was covered on this network, as it should have been. in other networks or "new york times" and "washington post," it came and went quickly. it is an easy game to play. what if somebody who had conservative beliefs or had a red maga hat had targeted sonia sotomayor, it would have been the top story for weeks with outrage at the suspect and anyone who shared similar political ideology. the biggest story, downplay of the border crisis, most egregious journalistic mal malfeesance. nearly 900 migrants dying, suicide by border patrol agents whose moral is shot and fentanyl pouring in from china through mexico killing aefrmg of 300 americans per day due to overdoses and it is silence from abc, pis, npr, times and post on biggest

brett kavanaugh said wait. not to raced for me. -- not too racist for me. long before the election this year, brett kavanaugh and his cronies said we are too close to the election to change alabama's map so we have to go with the racist map for this election. that's what's happening in november. cannot tober, he said we will decide whether long-term -- in october, he said we will decide whether or not this is to racist. if i had to pick one thing it's the supreme court overturning the will of a democracy. >> donald and tamura i want to bring you in. i think your organization operates as a watchdog organization. tamura, i think expanding the court has become such a mainstream conversation largely due to the work of we demand justice. i worked on the president's campaign and i can say that with confidence. talk to me about the advocacy efforts around the court and then we will go to our political experts to get into it. talk to me about your advocacy efforts around the conversation around the. for one political party in this country, the courts have been a vo

it comes down to john roberts as well as brett kavanaugh and amy coney barrett.ring the argument, they seem to be pushing back a little bit and might try to rein in this theory, maybe let republicans have a built of a win but not as far as republicans want. >> thank you for trying to simplify it. a complicated case, all things are it seems at the supreme court. jessica, i appreciate it. >>> a restaurant in richmond, virginia, is making headlines today for telling a conservative christian organization it is not welcome there. the group has lobbied against same-sex marriage and abortion rights and was denied a table last week. a post on instagram the restaurant says we have always refused service for anyone for making our staff uncomfortable or unsafe and many of our staff are women and/or members of the lgbtq community. now, this group on the other hand is comparing the restaurant's decision to a time when people were denied service because of their race. let's talk about this with civil rights lawyer charlie gerstein. thanks for being here. from a legal perspecti

when trump came into office, he put brett kavanaugh in there.hey blocked merit portland -- merrick garland from being on there. i think everybody on the supreme court is fine except for thomas and cavanaugh. -- brett kavanaugh. they should not be up there. they probably would not even be able to get a good job with those kinds of charges. it is ridiculous that they blocked brett kavanaugh's sexual violence tips and trump covered it all up so that he wouldn't be on the supreme court. -- would be on the supreme court. i think it is an honorable position and i think they should have a life term. host: lambert in new york, independent. we will go to you, next. caller: good morning. i have no problem with the structure of the court, even in terms of the different people. my problem is how it is hard -- the constitution and the laws of the land are agreeing between -- an agreement between individuals. and if someone violates those agreements and the lower court, you will know if it is being violated. they make loss that are attractive loss and they ap

now it's getting worse as brett kavanaugh parties with a who's who of top leaders with the conservative house" continues after a break. house" continues after a break. for you, like making them softer and fresher. plus, downy fights fading and stretching. make your laundry softer, fresher, and look newer longer. as a business owner, your bottom line is always top of mind. make your laundry softer, fresher, so start saving by switching to the mobile service designed for small business: comcast business mobile. flexible data plans mean you can get unlimited data or pay by the gig. all on the most reliable 5g network. with no line activation fees or term contracts. saving you up to 60% a year. and it's only available to comcast business internet customers. so boost your bottom line by switching today. comcast business. powering possibilities. >>> six weeks into elon musk's tenure at twitter, now he reportedly can't pay the bills. "the new york times" reports that, to cut costs, twitter has not paid rent for its san francisco headquarters or any of its global offices for weeks. three people

p>> brett kavanaugh. >> abortion. >> for god's sake, vote, vote, vote. >> that's $20 and this does notla. >> you did it, joel! >> florida. >> there is nothing safe about this. >> >> d>> do you continue to ma that the border is secure. >> i know you care about the people and the border but it is not the border of america. >> i am here because of uvalde, texas. >> you don't deserve to wear one. >> are you planning to return that money? >> well, i am not going to return money to someone under investigation. >> the shameful raid and break-into my home at mar-a-lago was a travesty. >> can you provide a definition for the word "woman"? >> i can't >> the first people i will call will be my daughter and her wife. >> remember her long life of selflessness. >> it was a natural evolution. >> more people saying it does not mean there is more evidence of it. >> you can't help it. >> tiktok is in trouble. >> do you think it is a good idea for speaker pelosi to travel to taiwan. >> never would i thought some day i would go from homemaker to house speaker. >> say good-bye, sa good-bye. >> well, thank

more than 300 conservatives to our federal courts at every level included justice neil gorsuch, brett kavanaugh and amy coney barrett. that conservative majority gave america a new beginning and -- in the right to life in the last six months. [applause] to me, it was a privilege to be a part of it and i also appreciate the fact when something else i have tried to capture in "so help me god" was the hailstorm of opposition we faced from day one. i tell a story in the book about how i was with president trump on inauguration day in 2017 and we were at the oval office, just the two of us were there and we started walking back to the white house down the portico. and the bright lights were on the side wall, it was well lit. president trump looked at me and said, look at this. i said, it is humbling. he turned and looked at me and said, that's right it's humbling. [laughter] but as we walked into the residence, the end of that chapter i capture the fact that outside the oval office was a stack of newspapers. the headline in the washington post on january 20, 2017 was " the campaign to impeach donald

more than 300 conservatives to our federal courts at every level including justice neil gorsuch, brett kavanaugh and they gave america a new beginning in the right to life in the last x months. [applause] to me, it was a privilege to be part of that and i appreciate the fact what something else i try to h capture in so help me god was that the hailstorm of opposition that we faced from day one. i told a story in the book about how i was with president trump on inauguration day 2017 and we were in the oval office just the two of us were there and we started walking backto the white house . and the bright clean lights were on the side wall were well lit. president trump looked at me and saidlook at this . and i said it's humbling. and he turned and looked at me and said that's right, it's humbling. but as we walked into the residence the end of that chapter i capture the fact that backoutside the oval office was a stack of newspapers . that headline in the washington post on january 20 2017 was a campaign to impeach donald trump starts today. and theynever let up . 2 and a half years of the russia

chief justice william ranquist and four conservatives expressed interest in the issue, justice brett kavanaugh pushed back on it. >> your position seems to go further than chief justice ranquist in bush versus gore they would have a rule interpreting state law. >> reporter: some trump supporters seized on the theory in 2020 to argue state lawmakers in battle ground states had the power to over ride the will of voters and choose presidential electors who favored trump. the supreme court's ruling likely would not extend to the issue of electors but some are warning it could be a slippery slope if the court finds in favor of the republicans here. >> it would make the election related decisions of legislators unreviewable by state court judges, cutting neutral arbitration out of the process to engage in extreme disenfranchisement of voters. >> reporter: the hour's long debate centered around what the founders undeintended when they wrote the constitution saying the times, places and manner of legislations is to determine. >> what might strike a person is that this is a proposal that gets rid of th

a bit of it was brett kavanaugh which thankfully did not actually result in an assassination, but it an assassination attempt. so i think elon musk is well within his right to do this. he has show that is already dated stated several accounts. but, the very same people laura, that were still insisted to try and destroy free speech in western civilization all of a sudden on the biggest fighters for free speech. very interesting to see. >> i thought they could about the children, that it's about the children, and nancy palacios invokes the children, but it, these are a few these characters that, it was intruding on a minors privacy and honestly harassment at some point. and suddenly they say oh, no, we should be able to do this. imagine if the issuer of the overflow, and it was a small child of a liberal icon. in a conservative type in what finally you are going to show picture of, go insane -- >> we could have had a little bit of an idea of that. if there is any press coverage of the obama daughters, they receive actually bipartisan big depreciation. and for good reason because kids a

watch, the chief justice, amy coney barrett and brett kavanaugh. sandra. >> sandra: keep us posted. john. >> john: president biden was in arizona yesterday but did not visit the border saying there were "more important things going on" as experts warn the situation at the border could get far worse when title 42 expires. set to be lifted on the 21st. our next guest is trying to stop in a from happening. arizona attorney general mark brnovich joins us, you are in d.c. today. >> thank you for having me on. >> john: so stunning yesterday when the president uttered the words on the way to the helicopter to go to phoenix, let's replay the question and answer. listen here. >> why go to a border state and not visit the border? >> because there are more important things going on. they are going to invest millions of dollars in a new enterprise. >> john: more important things going on. you are the person who has to deal with the fallout from the border. tragic incident early this morning of a border patrol agent in the rio grande valley sector driving one of the four wheels atvs have a high

then you have brett kavanaugh, amy coney barrett and john roberts suggesting during a very tension-filled open to some limits on some state judges. meanwhile, the remaining three liberals definitely against it. justice elena kagan saying let's step back and look at the consequences of this. and how state courts would have no check on state legislatures if they wanted to roll back voting, voter protections, if they wanted to certify elections, if they wanted to gerrymander to the extreme, all sorts of maps. so big case coming down the pike here. >> thanks very much with that report. and to our viewers, thanks very much for watching. i am wolf blitzer in "the situation room." "erin burnett outfront" starts right now. >>> "outfront" next, putin upping the ant

we heard recently from brett kavanaugh, expressing concerns that some republicans are taking their arguments too far. what republicans are pushing here is this idea that state legislatures have unchecked power to control election procedures and restrict of districtic, and state courts and state constitutions have no role in checking that power. that's something that justice brown expressed concern about. >> mr. thompson, just following up on what was just mentioned, i guess what i don't understand is how you can cut the state constitution out of the equation, when it is given the state legislature the authority to exercise legislative power. it's the state constitution that's telling the legislature when and under what circumstances it can actually act as the legislature. so let me ask it this way -- what if what is at issue is not any particular exercise of the state's legislative authority, such an its ability to make time, place and manner determinations, but whether the bite that is purporting to exercise that power qualifies as this particular state legislature? >> reporter: so there's

let's remember we had an assassination attempt on justice brett kavanaugh, words like -- i'm not sayingause that incident but certainly don't help. >> carley: this is a house hearing on extremist rhetoric. so, how did you have a witness with that kind of twitter history testify on rhetoric? that is something the witnesses will hold a little bit better. and also a harvard law instructor. if i'm working with young people in 20 that kind of stuff. what nancy mace did he she asked the witnesses, do you think extreme rhetoric is a threat to democracy? and of course nancy mace pulled up the street where this person said, it is our civic duty to accost the six supreme court justices who voted to overturn roe v. wade. every time they are in public, they are pariahs. after this exchange went viral on social media and alexandra cara bio responded, she was caught off guard by question like this. if you are going to be a hypocrite who advocates violence online, you probably should do it testifying in my committee. >> todd: i think you are onto something and you highlighted two things the one the fa

one of the points that he an makes in this piece, that think is so important, is that honestly, brett kavanaugh conservative judges i the federal judiciary today. the lower courts are stacked with bomb throwing radicals wh do not care about following la or president they are desperate to impose very conservative policy ideas into the constitution from the bench. if sotomayor were replaced by conservative, that make a huge difference as bad as things ar now. they would be so much worse. in ways that are sometimes difficult to imagine from here look, i love these justices, i think they're billing women wh add so much to the supreme court. but we should all be thinkin carefully about when the nex window will open for their retirement i think they should seriousl consider asking themselves, is it worth taking the risk o holding on when i could step down now and know that m replacement will be in lin with my own values >> mark, quickly, is there one case that is really in you brain and not getting out of your brain that is gonna com up in 2023 that we need to b looking at >> absolutely, there is a c

and brett kavanaugh and amy coney barrett to a lesser degree, are dubious about the public's respect and regard for the court, might be able to back away from a big big swing lawsuit, that has no merits, that has no constitutional at or historical basis, and would really be a part of this move to kind of end democracy. i don't think they are on board for that projects, and if you think about the ways that the court keeps batting way don't have donald trump, it feels like they're not on board for the component of trumpism, that is democracy, it's over. it's interesting to say that way, because we are talking about democracy and political rights, the other case i wanted to talk to about was more about of civil rights, and that is 303 creative, do web designer in this case have never made a wedding website for at any one, it certainly is not -- over someone's sexuality -- >> this is a case that was entirely hypothetical, there's no harm done, an unlikely masterpiece cake shop, case which folks will -- i do want to make a wedding cake for same sex couple, there is no same-sex couple here

should adopt the entire theory, but key will be chief justice john roberts, amy coney barrett and brett kavanaugh. those three looked like they wanted to put some limits on a broad ruling and they really will decide sort of the contours of future elections. and of course the liberals in court were furious. they said that if this is adopted it's going to cause chaos on the ground and it's going to lead to rogue legislators. take a listen to liberal justice elena kagan. >> i think what might strike a person is that this is a proposal that gets rid of the normal checks and balances. legislators, we all know, have their own self-interest. they want to get re-elected. and so there are countless times when they have incentives to suppress votes, to dilute votes. >> progressive groups and liberals are really worried about this case because they say there's no way to really make it narrow. even if chief justice john roberts and the other two try to do so, it's going to invite more legal challenges down the road. they say that that's going to bring more of these cases to the court and it's going to change

surprised by that ruling and ironically there's some very strong precedent that was established by brett kavanaughh starr was trying to obtain testimony of the deputy white house counsel in that investigation and the d.c. circuit court of appeals made absolutely crystal clear that the need for criminal investigation and a grand jury to obtain testimony outweighed not only executive privilege but any attorney/client privilege between the president and government attorneys, so very big advantage for the government there on why they're basing that investigation on very strong precedent. >> covering the white house in those days and sent me back to memory lane with the mention of kavanaugh. we'll stay on top of those. >>> up next, the global stage and signs of change in china. some tough covid restrictions are being eased. that after widespread protests across the country. unlike some others, neuriva plusus is a multitasker supporting 6 key indicators of brain health. to h help keep me sharp. neuriva: think bigger. nexium 24hr prevents heartburn acid for twice as long as pepcid. get all-day and all-ni

and wanted to kill supreme court justice brett kavanaugh.cause you're worried about getting cold in front of the congress to test about something someday? >> jesse: johnny tweets. i don't know what he says, but i haven't got in trouble so far so he is doing a great job. this is the liberal logic. if i call a transsexual, he, they will say, "oh, you're causing violence." but if the transsexual says "a mob needs to go loose on a justice's house. that is free speech and that is b.s. that argument doesn't get a fair shake in the media. so, if you say anything, the media will say, you're causing violence and not only are you causing violence, they are causing violence to the most vulnerable, to those most oppressed. nobody wants to cause violence to anybody. you can't even remember what you said at that point! so just another way to censor you. i will not stand for it! >> greg: way to stand up for free speech, jesse! >> jesse: i will stand up! [laughter] >> katie: you are in a mood today. >> jessica: a liberal federal judge whose son was gunned d

was a case directed on boeing during the clinton administration kenneth starr and ironically brett kavanaughounsel and they obtained it over the objection of the white house at the time. >> here's the other question and i just realized this today, maybe this is been obvious all along, sometimes i get things wrong in the old rain. there are two grand juries operating in d.c.. both about cases pertaining to the president. one of them pertaining the january six investigation, one of them pertaining to the documents. i've missed a cleat but the documents on mar-a-lago was happening in fortnite, it's not. kash patel appeared before that grand jury. there was some speculation today that they were both in there for a long time. at one point there were a pairing before two branches. is there any way for us to know is that just inside the black box? >> wow, i don't think there's any way to know without very detailed information. i will say though that for example just for efficiency sake, all -- before of one grand jury they could read in that testimony into another grand jury. i also would say path

that is the case, and if those rules are applied retroactively, i don't think we would've gotten brett kavanaughng. thank you so much. that's tonight's read out, all in with chris hayes starts right now. s hayes starts right now. >> tonight on all in. >> the fbi just came in

decision and while four conservatives have previously expressed interest in the issue, justice brett kavanaugh on it. >> the position seems to be further than bush v. gore where he seemed to acknowledge that state courts would have a role interpreting state law. >> reporter: some trump supporters seized on the theory in 2020 to argue lawmakers in battleground states had the right to overrule the will of voters. it likely would not extend to the issue of electors but some are warning it could be a slippery slope if the court finds in favor of the republicans here. >> it would make election-related decisions effectively unreviewable by state court judge, cutting neutral arbiters out of the process and allow extreme disenfranchisement of voters. >> the hours' long debate centered around what the founders meant when they quote the constitution and said the time, manner and holding of elections are for the legislature to determine. >> i think what might strike a person is this is a proposal that gets rid of the normal checks and balances. legislators, we all know, have their own self-interest. they

that is the case, and if those rules are applied retroactively, i don't think we would've gotten brett kavanaugh. congressman david cicilline, thank you so much for joining us this evening. thank you so much. that's tonight's read out, all in with chris hayes starts right now. s hayes starts right now. >> tonight on all in. >> the fbi just came in -- >> the doj asked a federal judge to hold trump team in contempt of court. tonight, the latest escalation in the mar-a-lago documents case and what it can mean for potential indictments. then the president a peru arrested for attempted coup, mass arrests in germany to stop a far-right coup plot there. tonight, congressman adam shift on our former presidents escape from justice nearly two years after his failed coup. and incredible new details of the prisoner swap that got brittney griner out of a russian prison. >> she's safe, she's on a plane, she's on her way home, she will soon be back in the arms of her loved ones. >> all in starts right now. >> good evening from new york, i am chris hayes. we have big developments in the special counsel to inves

the examiner example the skies been charge for attempting to kill justice brett kavanaugh. we had just here couple of nights ago was justice alito was here i was asked by me about the effects on the court he said look it's terrible in terms of how the internal operations of the court work but all the sudden the five justices who based on this political article that accompanied that week were believed to ultimately did sign onto that majority became targets of assassination. and after he said at him like no, really? the answer is yes. because it until an opinion is issued it is not official because somebody can change their vote up until the last minute. so literally somebody could, not rationally in the sense of being of sound mind but can make the rational determination oh if i kill one of these five justices president biden gets to replace that justice and the result changes. it's horrifically dangerous. the jon grisham penguin brief pelican brief. i know some bird. [laughter] >> what this is part and parcel of the abuse of the face act. because as you mentioned there is

did hear a lot of reservations from chief justice roberts, from amy coney barrett and even from brett kavanaughhing and waiting. but the most important thing is that they understand how dangerous it would be to have an feathered legislative control over elections. and to allow legislatures to ignore state constitutions. we have state constitutions of this country not in north carolina that require independent reader certain commissions. that it had referendums where the people -- we discerning to go. the justices understand that if they rule with the north carolina legislature, all of that will go away. they also understand if they rule for the north carolina legislature, they're gonna get a lot more election law cases of the supreme court. >> pretty sobering topic we're discussing here. in the west, i thank, you congresswoman deborah ross there in north carolina. thank you so much. coming up next, 1 am editing fact about a impacting millions of americans and the two words that may have allowed it to happen. migraine attacks. qulipta gets right to work. keeps attacks away over time. qulipta is

in june, nicholas russki was arrested outside the home of justice brett kavanaugh after he admitted thathe came from california to maryland to assassinate justice kavanaugh. we did not have a hearing on that, but we are having a hearing based on defamatory statements. mr. paoletta, thank you for being here today. you saw the coverage of the supreme court earlier i believe? what do you think the protests were designed to accomplish? >> the protests, beginning in part with senator schumer standing on the steps of the supreme court, and in my view, physically threatening justices kavanaugh and gorsuch, and telling them if they rule a certain way that they will pay the consequences, they won't know what hit them. so we also have to remember it went back to senator schumer making that threat on the steps of the supreme court about what kind of case there's an abortion case. and all of these threats, all of these protests, are designed to intimidate the justices, but even more so fear for their life. i mean to intimidate them as justices, but fear for their life. that is what justices have aro

written nicholas russki for attempting to kill justice brett kavanaugh. when we had, just here nights ago -- he was asked by me about the effects on the court of the leagues. i said look, he was not only terrible in terms of how the internal operations of court work, but all of a sudden the five justices who faced on this politico article that accompanied that lead were believed to, and ultimately did sign on to that majority opinion, became targets of assassination. after he said, that people said oh really? the answer is yes. because until an opinion is issued, it is not official, because somebody can change their vote up until the very last minute. so literally, somebody could, not rationally in the sense of being of sound mind, but could make the rational determination, oh, if i kill one of these five justices, president biden gets to replace that justice, and the result changes. horrific we dangerous. >> the penguin grief? >> pelican? grief >> pelican grief. thank you. [laughter] >> look this is part and parcel of the abuse of the face act. as you me

. >> long before the election, brett kavanaugh had a band of conservative cronies. they were too close to the election. we are changing alabama's maps. we have to go with the maps for this election. that is what is happening in november. in october, we decide whether or not this map is too racist. what that is going to be, as symone was saying, it is a direct challenge to section two of the voting rights act. it should outlaw these kinds of things. that is one thing. it is the supreme court overturning the will of democratic voters in this country. >> straightforward. democracy. i want to bring you both in. donald, both of you, you are working through organizations. -- i think the reason that expanding the court has become such a mainstream conversation. it is largely due to the work of you demanding justice. i think that i have worked on the presidential campaign. i know the conversation we are having. i said no. talk to me a little bit about the advocacy efforts around the court. and then we are going to go to our political efforts right here to get my right, and

prevent that from happening by killing one of us, and we know -- charged with attempting to kill brett kavanaugh. that was slashed term. we are in a new term. all of us want -- all of the justices, people who work in the building, we have a wonderful staff, want things to get back to normal, the way they were before all this. get back to normal. to to the greatest degree possible and that is what we hope will happen. i think everybody is working on that. during my years on court the justices have gotten along very well on a personal level. the public when they read our opinions probably mrs. that. we sometimes, you can see by reading those opinions, disagree passionately about the law. we've not in recent years been all that restraining about the terms in which we express our disagreement. i am as guilty as others on this score but none of that is personal and that is something i wish the public understood. >> host: a very prominent lawyer in the audience said you may be life tenured but at times it seems like a life sentence and i'm sure that is true. one final question. in a speech a number of