mcconnell himself 2. he says that what republicans did in 2016 was acceptable because the senate at that time was controlled by democrats. pardon me by republicans for the white house and the different party in the white house that year. a distinction without a difference. d why should the composition the senate dictate whether or not the american people should have a voice and selection of the next supreme court justice. he could just as easily point out that 2016 was different because we had a president, barack obama, who actually want a popular vote unlike the current president. should that p affectce resolved with theut american people get a voice in the courts future? either the american people do get it election your voice for running the court or they don't.d in 2016, senator mcconnell said they do. now he says they don't. it is a flip-flop, plain and simple because it is to his personal political advantage to reverse this stated principle. effort republican dissented senate harry reid to change th

it is the so-called mcconnell rule. this was a firm precedent establishing that senate republicans would not consider a supreme court nominee in an election year. president barack obama sent the name of judge merrick garland from the d.c. circuit to the senate for a hearing and a vote. the treatment he received from the senate was disgraceful. senator mcconnell an announced he would not even give him the time of day nor meet with him in his office, and he admonished those republican senators who did. he was being -- merrick garland was being shunned by senator mcconnell because of his rule, the mcconnell rule. no vacancy shall be filled until we have a new president. steadfast in his determination to show that this principle would prevail, he shunned merrick garland. well, it turns out that this rule of law, this mcconnell rule that guided the senate four years ago was not as sack -- sacrosanct as one might think. shortly after the news, a short time after the news of justice ginsburg's passing, he said, senator mcconne

this is the mcconnell rule, the mcconnell rule. this is the principal leader mcconnell and then chairman grassley used to justify their proposal to even meet with president obama's supreme court nominee. here it is, the mcconnell rule. when it's a presidential season you can't vote on a supreme court nominee is the american people should have a voice. now the leader mcconnell repeated that refrain for almost a year. so did almost every other republican in the chamber. quote, the american people shouldn't be denied a voice . quote, give the people a voice. quote, the senate should not confirm a new supreme court justice until we have a president. quote, i don't think we should be moving on a nominee in the last year of a president's term. i wouldsay that if it was a republican president . quote, if an opening came in the last year of trump's term and the primary process had started, the primary process thishas started we will wait till the next election . i don't even have to tell you who those quotes came from it was nearly every s

leader mcconnell said those things.my friend, the distinguished chairman of the judiciary committee, sensed that this situation might arise and made it crystal clear how he would behave if the shoe were on the other foot. quote, he said, i want you to use my words against me, unquote. if there is a republican presidency in 2301 and a vacancy occurs in the last year of the first term, you can say lindsey graham said, let's let the next president, whoever it might be, make that nomination. he reiterated that view less than two years ago and encouraged the audience to, quote, hold the tape for exactly this situation. no wonder americans have no little faith in government and in this senate. -- led by the republican majority. we now know the entire thing was a farce. not a shred of credibility to those argumentsment we have the exact scenario that chairman graham talked about -- a republican president and a supreme court vacancy in the last year of the first term. indeed, it's almost the last month of his first term. i want

leader mcconnell said those things.my friend, the distinguished chairman of the judiciary committee, sensed that this situation might arise and made it crystal clear how he would behave if the shoe were on the other foot. quote, he said, i want you to use my words against me, unquote. if there is a republican presidency in 2301 and a vacancy occurs in the last year of the first term, you can say lindsey graham said, let's let the next president, whoever it might be, make that nomination. he reiterated that view less than two years ago and encouraged the audience to, quote, hold the tape for exactly this situation. no wonder americans have no little faith in government and in this senate. -- led by the republican majority. we now know the entire thing was a farce. not a shred of credibility to those argumentsment we have the exact scenario that chairman graham talked about -- a republican president and a supreme court vacancy in the last year of the first term. indeed, it's almost the last month of his first term. i want

leader mcconnell said those things. my friend, the distinguished chairman of the judiciary committee sensed that this situation might arise and made it clear how he would behave, if the shoe was on the other foot. mysaid, i want you to use words against me. if there is a republican president and vacancy occurs in the first term, let's let the next president, whoever that may be, make that selection. he encouraged the audience to hold the tape for exactly this situation. no wonder americans have so little faith in government, and in this senate, led by the republican majority. we now know that the entire thing was a farce. not a shred of credibility to those arguments. he had the exact scenario that he talked about. last year of the first term. indeed, it is almost the last month of his first term. i want you to use those words again -- against me, he said. well, here we are. , despitehese words their supposedly noble principle that the american people should have a voice in the decision of the next supreme court justice

later mcconnell decide the rules -- leader mcconnell decided the rules don't apply to republicans. it is just a brute political force. if that becomes the standard in the senate, how can we expect to trust the other side again? why should the american people trust the republican senators to do anything they say when they are proving right now that their speeches mean nothing the moment the shoe is on the other foot? heede republicans should leader mcconnell's own words , "you will regret this and may regret this a lot sooner than you think." the american people don't want republicans to move forward with the confirmation. they know this is wrong. a reuters poll showed 62% of americans said the vacancy left by justice ginsburg's passing should be filled by the candidate who wins november 3. the next supreme court justice we know could change the complexion of the court for a generation. and their decisions will touch every aspect of american life. but if republicans say to heck with it, we don't care about rules, just move forward, everything americans value han in the balancegs. he

mitch mcconnell knows that. this is a potential political lifeline for the republicans up for re-election. what does that mean? that's why we're starting to hear that mcconnell may actually not hold a vote on the floor until after the election. you note his statement did not say he would commit to holding this vote before election day. that would mean this would still be a live issue going to the polls. martha mcsally and tom tillis. you have to send me back. the control of the court on is the line. that is his thinking here. the big picture reality is that moving forward this way is just incredibly combustible for a senate that is incredibly divided. you will remember ruth bader ginsburg was confirmed to the court with 93 yes votes back in the 1990s. this is how we used to do things. that has been slowly falling apart. it was really collapsed just in the last five to six years. merrick garland was a seminal moment. obama's nominee in the 2016 was under way and mcconnell refused to confirm him because it was an

if mitch mcconnell can do it, then the democrats can do it. republicans want to say that the number of justices on the supreme court is a function of raw political power, then when the democrats have raw political power, they are allowed to use it. and use it effectively. and in this case, that means expanding the number of justices on the supreme court. i have a lot of arguments that we can get into about the good government reasons for having more justices on the supreme court. i think that is a legitimately good thing for our policy. but i also have the vengeance argument here. i do not think that this country can long survive a world where only republicans get to appoint justices to the supreme court. that is the world mitch mcconnell would have us living. >> if there's a democratic president, no justice. if there's a republican president, they get their justices. so as you just put it, if that's the position, and they have shown it in public, and lindsey graham and others are almost gleeful about the hi rock ypohyd that's the position. no

mcconnell: good afternoon, everyone. the president will be sending up a nominee for the supreme court vacancy later this week. we all anticipate it will be an extremely well-qualified woman. with regard to the schedule after the announcement, chairman lindsey graham will lay out the plan for handling the nomination before the judiciary committee. word about the negotiation on the c.r. the speaker seems to be hung up replenishment,c which has been automatically done under majorities on both sides for as long as anyone can remember. hopefully we will be able to get that worked out, but it is basically a message to farm country to drop dead if you don't do what we have automatically done, largely without negotiation in the past, at theenish the ccc beginning of the fiscal year. with that, i would be happy to turn it over. l looking forward to the president's announcement of his nominee to fill a vacancy on the supreme court. we expect that to be a highly qualified woman. int of us ran for the senate a lot of ways for big mo

mcconnell said no. but you can't blame trump for mcconnell's hypocrisy and you can't expect donald trump of all people to say, you know what, i think i'm going to take a pass on power and an opportunity to exercise it in the interest of what people may want in their next president if it's not me. that's not reasonable. frankly i think it's a strained case for anybody in his position but we'll let those arguments be made. the more immediate question is when, what's the specific timing. he says very soon. are there any other republicans in the senate that will join collins? now, i want to remind you of senator lindsey graham and where he's been on this. listen. >> i want you to use my words against me. if there's a republican president in 2016 and a vacancy occurs in the last year of the first term, you can say, lindsey graham said let's let the next president, whoever it might be, make that nomination and you could use my words against me and you'd be absolutely right. if an opening comes in the last yea

having said all that, you know, i understand how i mper impervid reasonable mcconnell is. let's go down fighting and not give an inch in the face of the kind of hypocrisy that met president obama when he tried to fulfill his constitutional obligation to appoint mayor garland to the court >> one last question for you secretary clinton. on the second point you were making of the political pain and making that real here. a lot of people have said the republicans in particularly, the conservative movement have made the supreme court a voting issue for at least time of their base and that republicans, not necessarily more conservative or more moderate republicans but a slice of the republican voting base does vote on the base of prioritizing supreme court or supreme court appointments and while that's on the democratic side concerning of some an activists and donors, it is not something that the democratic party figure od out and turning into a motivating actor. do you think the democratic party can get better on that more than half a dozen states are already doing in-person vo

mitch mcconnell said states should go bankrupt. he said we are going to hit the pause button on american families. we passed legislation as the chairman outlined that met the size of the need, that met the urgency and the need for action. while we acted, mitch mcconnell decided to wait and see. it is what it is as the president said. last week, they decided to scramble together a bill in the vernacular of d.c. called a skinny bill. what did it really mean? it meant zero in increasing food. one in 10 americans are struggling with o -- with hunger. it meant zero for rent relief as 40% of all renting households risk being removed from their homes. it meant cutting unemployment assistance in half as one in six americans cannot find work. burden ongreater working women in this country. it meant one third of the funding necessary to stabilize and save our childcare industry, which is fundamental to our recovery. once again, callous, indifference. we are not asking the senate to cave in. we are asking them to care about americans at home.

mitch mcconnell said in 2016 so the people -- i think mitch mcconnell is in a tough place here it's tricky because if he pushes his members in tough races, people like lindsey graham, who has said he would not do this, and grassley, who's not in the race, but he's also said he wouldn't do it but you look at somebody like susan collins, or you look at somebody like cory gardner this is a tough, tough place to put them in, in this very short period of time before the election and i am not sure, like peter said i mean we're talking about whether or not mitch mcconnell thinks people need to be home campaigning and working on winning. even if he just gives them a week, they've only got like 37 days, 38 days. well, the quickest a supreme court justice has ever been confirmed in the history of our country is 47 days so this is really -- it's going to be very interesting but i have to just briefly tell my favorite ruth bader ginsburg story. my favorite night -- >> please, please. >> my favorite night in the senate was the night that the women of the supreme court gathered with the women of the sen

the number two, senator john thune, gop senator backing mcconnell. he said i believe american s set a republican president and senate to washington -- we will fulfill our obligation to them. as leader mcconnell said,president trump's supreme court nominee will receive a vet on the floor of the u.s. senate. now i want you to compare that to what john thune said in 2016. okay, everyone listening. the american people deserve to have their votes heard on the nomination of the next supreme court justice who could fundamentally change the direction of the supreme court for a generation. the next president should make the lifetime appointment to the supreme court. um, that is, that is, that is a definition of hipocrary, extreme. >> we are going to see it over and over again when we see and hear republicans, including you played for manu the sound bites from lyndsay graham, talking not just in 2016, but also in 2018. about the fact that he will not -- he said, you can use my words against me. there will not be somebody who will be approved in the last year o

mitch mcconnell said in 2016. so the people -- i think mitch mcconnell is in a tough place here. it's tricky because if he pushes his members in tough races, people like lindsey graham, who has said he would not do this, and grassley, who's not in the race, but he's also said he wouldn't do it. but you look at somebody like susan collins, or you look at somebody like cory gardner. this is a tough, tough place to put them in, in this very short period of time before the election. and i am not sure, like peter said. i mean we're talking about whether or not mitch mcconnell thinks people need to be home campaigning and working on winning. even if he just gives them a week, they've only got like 37 days, 38 days. well, the quickest a supreme court justice has ever been confirmed in the history of our country is 47 days. so this is really -- it's going to be very interesting. but i have to just briefly tell my favorite ruth bader ginsburg story. my favorite night -- >> please, please. >> my favorite night in the senate

that was -- that was mitch mcconnell. lindsey graham, you know, to read from him, he says, and i quote, if an opening comes in the last year of president trump's term in the primary process or process has started, we will wait until the next election and, so, i don't know. i think your wise words earlier in your program were really right. none of us know what's going to happen we know what should happen, resolutely, unequivocally. we know that this seat should not be filled until after the next presidential inauguration but i think you said it right where we just don't know and people who are trying to predict this, the question is really the levels of integrity of each and every senator, each and every republican colleague of mine who gives floor speech after floor speech to justify the blocking of merit garland, the denying barack obama of a choice, more than 250 i think between 250 and 300 days before the next election i heard their justifications on their floor. and, so, this is going to be a big test of integrity. an

lead every mcconnell -- lead every mcconnell had to create the most paltry, partisan cynical bill because he had 20 members of his caucus who don't want to support anything by his own admissions they want zero dollars. so leader mcconnell keeps whittling down the republican proposal until he can find something, anything that he can claim his party supports. he had to throw in the right wing's favorite goodies to sweeten the pot, to even approach the number of votes in his caucus to make it look like a republican bill that had broad support republican bill that had broad support. leader mcconnell knows this bill won't pass. he knows most of his members don't want it to pass and amazingly, he seems happy with that situation. this is one of the most cynical moves i've ever seen in the middle of a pandemic when americans are crying out for relief. the states and workers and families opening up schools safely. it has everything to do with finding the bare minimum senate republicans can support facing the greatest economic crisis and the greatest health crisis and a century leader mcconnell i w

leader mcconnell knows this bill won't pass. he knows that most of his members don't want it to pass. and amazingly, he seems happy with that situation. this is one of the most cynical moves i've ever seen in the middle of a pandemic when americans are crying out for relief. the political exercise on the republican side bears no relationship to the needs in our country. it has nothing to do with our states, our workers, our families, opening up schools safely. or what health care workers really need. it has everything to do with finding the bare minimum that senate republicans can support. facing the greatest economic crisis in 75 years and the greatest health crisis in a century, leader mcconnell isn't searching for bipartisan progress, he is looking for political cover. as we begin the final work period before the november elections, the democrats will keep pushing for a bipartisan, bicameral agreement that actually meets the urgent needs of the american people for the good of the country, i hope, i pray, my republican colleag

having gone along with what mcconnell said in 2016. they would wait, he would wait, he would insist they wait until after the election for any nominee to be considered. he said at the time, that he would likely be the judiciary committee chairman if it happened and in fact, he is. if he is going to eat those words now and just say, oh, forget it, i am after raw power and never had principals to begin with. i mean, maybe that's what politicians professionally do. but politicians have a harder time doing that when they are facing a well-funded very well skilled incumbent who is polling even with senator lindsey graham in south carolina. the control room just sent me, yes, this is, i wanted to get it exactly. we heard again, remarks from vice president biden, do you have it as tape or do i just have the written verbatim of this? okay. i'm just going to, let's just re-rack it and play it then. it's the end of joe biden's remarks moments ago. his reaction to justice ginsburg's passing and also, what he said should happen, with regard to her

even then, mcconnell would not bite.s very good at not engaging in questions he doesn't want to answer. or it could be the political one that we talked about earlier in the hour which is how does a vote before the election affect his majority? and how does a vote after the election affect this majority gentlemen and how confident is he after the election he can still get this done. all of this to say, there are a lot of moving parts as it relates to timing. really, steve, it's a question of when, not if, this nominee will get confirmed. republicans have the majority. they have the fear they can cast to the wavering members of the nominee placed by joe biden in january. and that still remains the state of play here. >> garrett haake thank you for joining us there from capitol hill. again, fast moving situation but we expect to hear from the democrats in just a minute. joined again here by brian fallon, liz mair, standing by, elizabeth, let liz, let me start with you. the politics of this, mitch mcconnell not committing th

he said this today about mcconnell. >> the mcconnell rule. that's the reelection of the neck supreme court justice. it turns out the mcconnell rule was nothing more than the mcconnell roots. >> dana: there's not a lot of love lost between these two, but i don't think mcconnell is going to be too worried about this. how does it affect us really tough battleground senate races out there? >> i don't think we know yet. i think democrats are saying that this will rally their base in a very lame, and it's a real question as to how it affects those republicans who are delivering what they were elected the first time to put judges on the supreme court and judges on the judiciary. and harry reid was a first want to get rid of the filibuster for judges as democratic leaders and there is hypocrisy to go on both sides. >> dana: may be the last question, what did you think about joe biden yesterday with his campaign events and not even mentioning supreme court situations? >> i think that tells you that they perhaps feel it does not help them. otherwise he

but mitch mcconnell doesn't specify, one way or the other.uestion for him is whether he has the votes. it is a 53-47 republican majority, right now. he can't afford to lose more than three republican votes. if there -- if he loses four republican votes, then there will not be someone confirmed. and at the moment, there's several republicans who are concerned about moving forward before the election. that includes lisa murkowski of alaska. susan collins of maine. chuck grassley of iowa has even indicated some apprehension in the past about moving ahead before the election. and typically, timeframe for confirming a nominee takes between two to three months so it seems highly unlikely someone could get confirmed before november. now, after november, it's possible. but that calculus all gets really complicated if the republicans lose majority, if the president loses re-election to joe biden. and at that point, will republicans say, look, the voters spoke. the new majority needs to come in and confirm a nominee. that is, clearly, not the view

the number two, senator john thune, gop senator backing mcconnell. he said i believe americas sent a republican president and senate to washington -- we will fulfill our obligation to them. as leader mcconnell said,president trump's supreme court nominee will receive a vet on the floor of the u.s. senate. now i want you to compare that to what john thune said in 2016. okay, everyone listening. the american people deserve to have their votes heard on the nomination of the next supreme court justice who could fundamentally change the direction of the supreme court for a generation. the next president should make the lifetime appointment to the supreme court. um, that is, that is, that is a definition of hypocrisy, extreme. >> we are going to see it over and over again when we see and hear republicans, including you played for manu the sound bites from lindsey graham, talking not just in 2016, but also in 2018. about the fact that he will not -- he said, you can use my words against me. there will not be somebody who will be approved in the last year of

mcconnell.his is a good thing in some ways for republicans just to have it out there, they know the president is serious, they know what a senate majority look like with a name put forth by the president. what would you say to the other side about preparing northside for the fight? >> i would say a number of scenarios are possible, this is a point of fact. the nominee would be confirmed, a nominee could be confirmed after the election or any number of other scenarios. the president's preference is to have a thorough and rapid confirmation process before the election. that's his preference, it is obviously leader mcconnell and the senators, each one has to make their decisions in the best interest of their constituents. and of course the white house, we respect that process, we respect each senators right to do their job. but the fact is the president and senators were elected by telling the american people that they would nominate and confirm justices who will uphold the constitution and preserv

and if later mcconnell and the republican majority were trying to achieve the result. they would not draft, such a lame partisan bill loaded with poison pills and brush it to floor. can we have order please rated. >> yester mr. leader. not the motives of the other. just the corporate donors. just to issue a warning. >> the truthin is, if you want o draft a bill that was certain fail, is it. this is one of the most cynical moves. and i have ever seen. we all know what is going on here. later mcconnell has to create the most partisan cynical bill because he had 20 members of his caucus who do not want to support anything by his own admission. they were $0. so later mcconnell keeps whittling down the republican proposal until he can find something, anything. many can claim is party's support he had to throw in the right wing favorite goodies to sweeten the pot. to even approach the number of votes in his carcass. to make it look like a republican bill that had broad support. lisa mcconnell knows this bill won't pass. he knows that most of his members do not wanted to pass

mitch mcconnell is not a good faith arbiter. he's clearly political.doesn't believe in articles or norms or basic rules of decorum, so you can't operate within the boundaries of rules with someone who doesn't respect the rules. and everything seems to point in the direction of mitch mcconnell less than 50 days. so now it's not only up to democrats but republicans. what is he going to do. >> really quickly, do you think today's democrats are going to fight really hard and load up the courts in case mitch mcconnell goes his route. >> we have to be. there's no other option for democrats. if we don't fight now, there's no other fight to be had. this is our moment. >> no more mr. nice guy. michael starr hopkins. thank you. >>> in a review, it was the third most important issue on a presidential election, but will it now become more important for voters? we'll get a reaction from early voters all day here on msnbc as we take a live picture of the supreme court as the sun is rising in d.c. the sun is rising in d.c. stay restless with the icon that does the sa

mitch mcconnell needs 51 votes to overcome a filibuster.his is the precedent change that he initiated with neil gorsuch to confirm him in 2017. and then also at least 51 votes to confirm the nominee. so look at susan collins in maine,e, tom tillis in north carolina, joni ernst in iowa, cory gardner in colorado. probably a couple of others and mitch mcconnell. don't forget he's here, too. they need 51 votes. so you can lose two. right now there's 53 republicans in the senate. you can get to 51. if it's a 50/50 vote, the vice president has broken 13 ties. they have never had a vice president breaking the tie. mike pence confirmed the first executive nomination with betsy devos in 2017. as john roberts said, we're in for a roler costar. i want the direct everybody back to the time line. it would be hard to put the nominee on the floor to have a vote and the other senators, do they agree with mitch mcconnell that this should be pushed through as quickly as he is suggesting? >> sean: let's go to minnesota where the president is just wrapping up

contradicts obviously with what mitch mcconnell told you back when and also where mitch mcconnell when he mentioned it in his statement tonight, the senate will have a confirmation hearing after the mourning of the loss of justice ginsberg. >> this will be the battle. now you're seeing the quotes being pulled up from 2016 and the republican senators saying the american people need a voice. mcconnell saying that's because the party in the white house and the party controlling the senate were two different parties. that's the distinguishing factor that he's making. i'm already seeing a lot of conservative use the argument that senator cruz used moments ago, that the court must be al its full compliment for any election disputes like bush v gore. it's very possible this time if we look at the different -- >> sean: it was dimpled, swinging and dented and it was perforated and -- you know. i thought ted cruz made a very good point on that. you know, we've been reading an awful lot. hillary clinton's comments were somewhat chilling to everybody when she said under no circumstances should joe

let me share a statement from the senate majority leader mitch mcconnell. he said this tonight in a statement, donald trump's nominee will receive a vote on the floor of the united states senate. chuck schumer tweeted a response, the american people should have a voice in the selection a next supreme court justice therefore this vacancy should not be filled until we have a new president. here is the former vice president, joe biden. >> tonight and in the coming days we should focus on the loss of the justice and her enduring legacy but there is no doubt, let me be clear, the voters should pick the president and the president should pick the justice for the senate to consider. this was the position of the republican senate in 2016 when there were almost 10 months to go before the election. that is the position the united states senate must take today. >> that is the real question. what will the senate do in the days ahead, but you hit the nail on the head, tonight is a night to honor her legacy, her memory, there will be time for speculation and very likely

mcconnell is a master of this. he's a master of procedure to say something that's opinion said before. it is. he knows where the votes are and how to get them. >> look, senator mcconnell does his job very well. have no concerns about his capabilities there. but i think it is a strategic mistake to try and push this through and the use the capitol in that way. everything that the others have said about this being a defining moment for the election and about this being a reason that can nationalize the election, all very good. but what republicans should want is for their nominees for their candidates to be saying, yes, we support the president, we support the person he's going to nominate but we don't want to get dragged into that discussion about why are you pushing this right now, why are you having this argument with mitt romney or somebody else. the focus should be there's a clear choice. if donald trump is re-elected, here's who will be on the supreme court. if joe biden is elected, maybe we know, maybe we don'

i'm not surprised by mitch mcconnell. i will not be surprised by what senator lindsey graham will do in the future. he is the chair of the senate judiciary committee. i think you played at the beginning of the show or you have a clip of him telling jeffrey goldburg of the atlantic that he will not entertain a supreme court justice if it comes in an election year and he said keep the tape. we've got the tape and he's going to go -- he is going to go against his word. i guarantee you he will do that. >> yep. >> to continue on the conversation you were having with dahlia, democrats can't just threaten. they have to mean it. they have to mean it when they say we are going to get rid of the filibuster rule if you do this, that you are going to add supreme court seats or justices to the supreme court if you do this and i think there are a whole lot of other things that could be added to the threat list if republicans do what i think we all see them going to do because we know this. republicans care. if there's one thing they tr

there's so many accusations of hypocrisy against leader mcconnell.criticism, the media pressure will affect what the senators do at all? jane: no, i think that -- i disagree with most of what mike huckabee in the segment but i agree with him that harry reid made a big mistake to get rid of the filibuster. the good news for the trump side is that this changes the subject from the pandemic. everyone is now covering this. the bad news for the trump side is that as i recall in 1992 when i first ran for congress and the image was anita hill, clarence thomas and the choice issue, this could mobilize a lot of suburban women to vote for biden. so i doubt there's going to be a vote before the election. i'm sure, at least i enthusiastically agree with saddam -- susan collins and lisa murkowski. i think if trump loses they'll be a lot of pressure not to have a vote. he wins, i don't know how it comes out and maybe a new senator that could change it, but we will see. it's sadly confirmations have become circuses. got it. howie: jane harman, good to see you this

mitch mcconnell doesn't like it. there is some farm legislation he wants to see in there he doesn't have. is the cr, is that leverage on the fight over the justice or is that a parallel track that has nothing to do with the justice nomination? >> it's a parallel track. we wouldn't even think of threatening to shut down government. a great part of the west is on fire. our south -- the gulf coast is battered by hurricanes. we have a pandemic in the country. we're fighting for our heroes, our state and local government and federal employees who have health care, our first responders, our teachers, our sanitation, transportation workers. we want them to test, trace, treat, wear masks, separate and the rest and we need public employees to do that. so we're not about shutting down government. and it's not a lever. by the way, the republicans don't believe in governance. it's a welcome thing for them to shut down government. that's why they have done it over and over. but in addition to that, you think if we shut down gover

peter mcconnell has defiled the senate like no one in this generation and leader mcconnell may very well

charlie gasperino, and mitch mcconne mcconnell back home, on this.he and there was vaccines and immediately put thoughts in doctor's mind and said, wait a minute, are you making people unsure if a vaccine were to come out early they shouldn't take it? did joe biden goof on that? after this. - i didn't know why my body was moving on its own. it turns out i have tardive dyskinesia, a condition that may be related to important medications i take for my bipolar disorder. tardive dyskinesia can affect different parts of the body. it may also affect people who take medication for depression and schizophrenia. - [narrator] in today's trying times, we're here to help you manage td. visit talkabouttd.com for a doctor discussion guide to prep for your next appointment in person, over the phone, or online. - it's a relief to know there are treatments for td. >> the vaccines likely to be approved so far are start off with a group of 10,000 doses, all the way to 60,000 doses. well, you know, there are millions of people. it's going to take-- and then you get up t

which is obviously something that's already being looked at by mitch mcconnell and others. >> mcconnells making it clear he wants to have a vote on the senate floor before the end of the year. >> let's listen in. >> ruth bader ginsburg was not only a giant in the legal profession, but a beloved figure, and my heart goes out to all those who cared for her and care about her. and she practiced the highest american ideals as a justice, equality and justice under the law, and ruth bader ginsburg stood for all of us. as i said, she was a beloved figure. as young attorney you all know the story, she persisted overcoming a lot of obstacles for a woman practicing law in those days, as well as she continued until she moved herself into a position where she could end up changing the law of the land or leading the effort to provide equality for women in every field. and she led in the advance of equal rights for women. it's hard to believe, but it was my honor to preside over her confirmation hearing. i got to meet her at the time. and she and her asession to the supreme court. in the decades sinc

we get the majority later mcconnell kept his seat open. he helped elect donald trump who was waiting around listed judges that he would appoint to the court. in making donald trump of all people, the first president in american history with the power to fill every judicial vacancy with a simple majority vote. and because senator macconnell later changed the rules again. without really having any debate here. as a result, his use that power to confirm hundred and 17 judges, nearly quarter of the federal bench. they are now trump appointees. in 2017, senator macdonald detonated his own nuclear option to lower thesu votes for supreme court justices as he warned he would do. they installed in which event something else. in 2018 coming down through the nomination of justices kavanaugh under his new regime. delivering confirmation by margin of two votes. the narrowest margin for supreme court nominee since 1881. and throughout it, all, he seatd a roster ofwi judges across the federal bench who otherwise could not make the b team. the senate conf

i'm not speaking to mitch mcconnell who will do what he wants. i'm speaking to those senate republicans who know deep down what is right for the country and consistent with the constitution. >> senate majority leader mitch mcconnell is already vowing to bring whoever the president nominates to the senate floor for a vote. at a rally last night, president trump said he intends to fill ginsburg's seat with a female justice and plans to do so quickly. >> so article ii of our constitution says the president shall nominate justices of the supreme court. now, it says the president is supposed to fill the seat, right? that's what we're going to do. we're going to fill the seat. >> democrats meantime are threatening retaliation if republicans push through a nominee. some say they'll push to expand the high court to allow for more justices. if they take over the senate majority in this year's election. with two u.s. senators now publicly against moving forward on a new supreme court justice, the president's plan to get a nominee approved, in his words, wi

and mitch mcconnell came in and the second he got in the majority, he just threw that out.ent who did the unprecedented thing of blocking garland when barack obama nominated him, saying that we don't have confirmations of a justice in an election year, and of course we have many, many times, certainly since i've been here. last time we had a republican president, a democratic-controlled senate and we passed the person almost unanimously. this is going to -- we can talk about, oh, here's what we'll do if we get back to the majority. we're not in the majority. and they are relying on the fact that the majority that they are saying we have no responsibility to americans who don't believe exactly the way we do. we do not want a senate that can reflect all americans. we want a senate that will only reflect what donald trump orders it to do. in all my years here, i've never seen any republican leader or a democratic leader act that way. >> house speaker nancy pelosi yesterday would not rule out the idea that's been floated by some liberal activists, progressive activists to impea

right now, senator mitch mcconnell once this -- senator mitch mcconnell wants this more targeted bill. he could call a full vote in the senate by the end of the week. consideringnate bringing that to the floor? >> the house did pass legislation to improve operations for the u.s. postal service. that legislation garnered over 20 republicans, as well as all house democrats. you would think that type of legislation that has bipartisan support would now be sent over to the senate and garner the interest of senate republicans. but according to mitch mcconnell, as well as those of -- as well as other senate republicans, there's no plans to bring that legislation up. >> this 22 days until the government might shutdown. what would need to happen for the government to not shut down between now and 22 days from now? >> the government shutdown is a really major priority for senate and house republicans and democrats. neither side is saying that they do not when a government shutdown. the reason it works is the government is currently funded through september 30 at midnight. they need to pass leg

is there a gauge what kind of power senator mcconnell may have. >> reporter: mcconnell will be taking the temperature of his conference all weekend and all next week. expect that this question, when to confirm the next justice is top of mind this morning as mcconnell talks to his conference about the next steps. now, a couple of things to remember. there are pros and cons to doing this for mcconnell before election and there are pros and cons for doing it after the election. right now it sound like the senate will most likely wait until the lame duck session. that's because as these members have noted there may not be enough time to fully vet a nominee and put them on the floor of the united states senate before the election. but, you run a risk, what if senate flips. what if democrats take control of the senate? even though republicans would return in november for the lame duck session and still have control, moderates might be concerned if voters have already spoken what precedent that set physician they pick the next scotus nominee. that's top of mine for mcconnell this morning. if

this is just raw, political maneuvering on mitch mcconnell's part.nk we should call it anything else. >> it's not just maneuvering. it's also just, if i may, it's not just ma newscastering. it's also the constitution. there are two institutions at play. they have an actual hand in this. it's the president's job to nominate. it's the senate oos job to do with it what they think is right at the time. and mitch mcconnell think it's right to vote on a nominee. >> in the middle of an election. >> no one should be surprised. hypocrisy is abounds everywhere. but it's still pretty unpalable to have it dressed up as something else. >> but this is not about politics or the election. this is not about november 3rd election day. it's about november 10th. i'm telling you. mitch mcconnell's base is not all those wonderful people who vote for him. it's the financial people flood ing with dark money. the top of that list are are the insurance companies, who are going to be in front of the court through the attorney general and asking them to throw out protections fo

what's been lacking, though, is leadership from mitch mcconnell. he's refused votes on things that are widely bipartisan. he's refusing to be honest about what he's about to do with this justice. not sticking to what he thought the rules of the road were. he makes rules for others but not for himself, and it's very frustrating because i expect more in national leaders. and so i hope that voters understand what this moment is about, it's about their health care. it's about education. it's about their jobs. it's about reproductive freedom. and they need to understand the larger context, that the efforts by mitch mcconnell right now are literally taking away their rights, and may be taking away their access, especially if you have a pre-existing condition. for every family that's had covid, is that the next pre-existing condition? is that the pre-existing condition that's going to keep you from being able to get health care next year? so whatever they decide to do on this justice, what we have is our voices, we have the ability to speak out loudly, an

patty murray on 2 congressional committees and he is in washington ok let's get right to a david mcconnell said he'll have a vote on the nominee really haven't before election day. i think he's going to do everything he can to push it through before election day because i think the stakes larry are incredibly high and fraught for the republicans if they went after the election when you know if that only speak believed all trouble be a losing president and senate republicans will have lost their majority in the senate but the reality is this is a this is a dangerous political calculus for the majority leader because what he's really doing fundamentally is pushing through political force a nominee whoever that person is who is deeply unpopular with the american people 60 percent of americans including nearly half of republicans hope want the next president not this president but the next president to be the one who gets to decide who will replace wrist on the supreme court and so it's a deeply unpopular thing in this because doing it fundamentally the stakes yourself because any vote cast fo

i'm not surprised that leader mcconnell was able to get the votes together i'm a little surprised at the speed at which he was able to get the votes together we're only a couple of days into this and already generally people are conceding that leader mcconnell has the votes to go ahead and move this nomination and trumbull primary is set to announce the nominee on saturday and do you think if that does that do you think they can get a confirmation before november 3rd. it is certainly possible the reality is that once we started chipping away at the filibuster with all the various nuclear option permutations going back in the last 15 or so years a lot of really road blocks simply went away there are certainly some procedural games that can be played the senate is not designed under the best of circumstances but i think a vote confirmation by election day is definitely possible what do you make of the hypocrisy of those senators saying when the last time when obama lost when scalia died now let's lay bets when the only election it was 9 months away and now they rush this through you do