so once the get any asked mitchell mitchell for a podcast. what but the blue ship? that's grassily others issue but i tell him my personal opinion is we need to get rid of the blue shep for appeals court judges. so on appeal court judges there's no longer a blue slip. this rolled democrats in karl, particularly on in ninth circuit because such a liberal suggester -- trump is trying remacthat so there's no break, no break on -- and either party. you can get anybody through and you see it. every day they're doing nominees, democrats are screaming, wait, we just approved someone will won't say that brown versus the board of education wasn't correctly decided and that's the way its. >> one more question. i. >> one more. >> come on. >> in the unlikely event to that democrat wins the presidency and republicans hold the senate, and let's say clarence thomas leaves the court for some reason, are they going to -- >> mcconnell was asked this. there was more attention focuses on mcconnell saying he would consider a judge in 2020 does spoots saying previously let the people dec

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mitchell reports. mitchell reports. only fidelity offers four zero expense ratio index funds directly to investors. and now we have zero account fees for brokerage accounts. at fidelity, those zeros really add up. ♪ so maybe i'll win, saved by zero ♪ you might or joints.hing those for your heart...up. but do you take something for your brain. with an ingredient originally discovered in jellyfish, prevagen has been shown in clinical trials to improve short-term memory. prevagen. healthier brain. better life. the latest charter school scandals are piling up. leaders of one san diego charter network? indicted for conspiracy and grand theft. thankfully, the governor's charter school policy task force just made important recommendations for reform: more accountability on charter school spending. and giving local school districts more control over the authorization of charter schools. reforms we need to pass now. so call your state senator. ask them to support ab 1505 and ab 1507. >>> president trump getting cozy with the leaders of russia and the saudis, accused of killing jamal khashoggi. when asked by "the new york times'" peter baker about putin, recently declaring that the end of western democratic liberalism, president trump clearly did not understand that he was was being asked about democracy in the u.s. and europe. >> comments to the financial times right before arriving here was that western style liberalism is obsolete. i know you probably haven't read the interview. >> he may feel that way. he sees what's going on and if you look at what's happening in los angeles, where it's so sad to look and what's happening in san francisco and a couple of other cities which are run by an extraordinary group of liberal people. i don't know what they're thinking. >> david? >> it's just amazing to hear president trump comment on something as fundamental of western-style liberalism. he has visions of nancy pelosi when phrases like that are uttered, who knows. >> this is the world stage. embracing mohammed bin salman, two weeks ago called out by a u.n. commission for not only not cooperating with the investigation but being largely responsible for the death of khashoggi. >> that's right. and president trump said something in japan along the lines that nobody has proven that mohammed bin salman or his government has been behind the killing. >> no one but the cia. >> but the cia has proven it. he is reveling in these dictators and somewhat jealous about the absolute control they have in these countries, talking about kim jong-un, wishing that his citizens in america would stand at attention the way north koreans do when they see their dear leader. >> the other thing that was so deeply offensive, david, was on the -- actually, on the actual anniversary of the killings of the capital gazette in annapolis, maryland, he was joking with vladimir putin about fake news and said you don't have it in your country and putin is saying yes, i do. 25 journalists have been killed in the last year in russia. >> i found joking with the dictator of modern russia, leader who is accused not simply of repressing the media, but being complicit in the murders of journalists, palling around with mohammed bin salman of saudi arabia, who is accused of killing our colleague, jamal khashoggi, i found it shocking, especially on the eve of the fourth of july. i've been thinking, as i'm sure many people at home are, what is our country about? what are our values? and i just -- to see that our president doesn't get that, misunderstands why america has been strong for two centuries really bugs me. >> speech at the lincoln memorial. every president i can remember has done their own july 4th celebrations when they're not in campaign mode. having picnics for their staff on the south lawn. this is the first time we're going to have a trump speech. and they actually moved the fireworks. this is decrcreating enormous security and logistical challenges for the district of columbia and local authorities. our july 4th celebrations here. >> july 4th festivities in washington have been among the biggest. fireworks are the biggest on the national mall, a moment for all americans. there's no politics involved. now it's going to be effectively a trump rally. he is going to give a speech. there's going to be a flyover at air force one. he is branding this event in a political way ahead of the re-election campaign, and it has given great pause to the d.c. mayor as well as a lot of other people in washington who feel like this is very disruptive and a break with an important tradition. >> and always capital fourth national symphony concert on the mall. that's exactly what it has always been. >> right. >> david, this alliance with dictators, there could be something positive coming out of this breakthrough, this face-to-face with kim jong-un. i understand you and some others believe this could be a breaking of the log jam in getting them back to talks, however. >> andrea, i think that sensible people should be encouraged by the resumption of working-level negotiations with north korea. kim jong-un is a dreadful dictator. the process is the same it's been now for years. how do we pull north korea toward connection with the rest of the world, with our modern world economy in a way that encourages them to pull back from threatening behavior, halt their missile and nuclear programs. there was progress toward that. we'll have to see, be skeptical about what happens. the resumption of working level negotiations is not a trivial matter. and i think president trump took a big risk in, you know, basically winging it, going toward the dmz, hoping that kim would show up. and i'm glad it worked out. >> we have mike pompeo and steve beagan. as long as they can keep him in charge and mike pompeo, reporting directly to mike pompeo, is there is a chance to get something done unless we start making more concessions than the photo-op we just gave him. >> that's right. how much of this is part of a grand strategy that trump and his team have mapped out over the course of several years and how much of it is really an impulsive reaction to opportunities that the president sees? he knows he's going to be in asia. he wants to go to the dmz. here is an opportunity to have a photo-op to shake hands with kim jong-un. is that part of a bigger strategy? i don't know. >> mike pompeo was missing from the dinner. several top officials were not at the blue house dinner that president moon was hosting. certainly there was an indication this could have been an ad-libed twitter moment. we knew he was going to the dmz. that could have been an audible. >> i think there's been some preparation, andrea. negotiator was dispatched to seoul a week or so ago. there's been talk, i'm told, for many months about something like this, going to the dmz, trying to get a quick meeting with kim, much like he had with south korean president moon jae-in. people say it's a hail mary pass. too risky. why do it? trump road through that, said i'm going to wing it, take the risk. it seems like it came up. >> david ignatius, phil rubbinger, interesting times. >> thank you. >> going rogue, top trump financial regulator challenging the president on the impact of global climate change joining us next here. stay with us on "andrea mitchell on msnbc. reports" only on msnbc v-power nm gasoline is engineered with four levels of defense against gunk, wear, corrosion and friction. that helps keep your engine running like new. so, maybe it's time to unthink what you think you think about premium fuel. shell v-power nitro+ premium gasoline... it's fuel for thought. i swibecause they let metual, customize my insurance. and as a fitness junkie, i customize everything, like my bike, and my calves. liberty mutual customizes your car insurance, so you only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪ ♪ corey is living with metastatic breast cancer, which is breast cancer that has spread to other parts of her body. she's also taking ibrance with an aromatase inhibitor, which is for postmenopausal women or for men with hr+ / her2- metastatic breast cancer as the first hormonal based therapy. ibrance plus letrozole was significantly more effective at delaying disease progression versus letrozole. patients taking ibra

mitchell reports" starts right now. >> right now on "andrea mitchell reports," squad patrol. the president today accuses the four democratic minority congresswomen of being, quote, a racist group of troublemakers and not being very smart. my conversation with president obama's national security adviser. >> well, the message to americans is that only some of us can count, and i've never heard that out of the mouth of an american president before. >> razor's edge. tensions rise after iran seizes a british tanker and claims to arrest cia assets, something the president calls totally false. >> i would take with a significant grain of salt any iranian about actions they've taken. >>> big show. as robert mueller prepares to finally questions from answers this week, what do they hope to gain? >> substantial evidence that the president is guilty of high crimes and misdemeanors and we have to present or let mueller present those facts to the american people. >>> good day, everyone. i'm andrea mitchell in washington. president trump is in attack mode. in other words, it's monday. two days before robert mueller's highly anticipated televised testimo testimony, the president unleashing a tweet storm, taking aim at mueller, the media, the federal reserve and escalating his relentless attacks against four democratic freshmen congresswomen of color saying today, quote, the squad is a very racist group of troublemakers who are young, inexperienced and not very smart. joining me now, political analyst robert costa. msnbc political analyst and moderator, of course, of "washington week" on pbs on friday nights, michael steele, former chair of the republican party and nbc political analyst and former democratic congresswoman donna edwards all joining us today. peter baker, let me go first to you. you wrote extensively this weekend on the president and race, his long history. we've all been covering this. let's talk about the strategy. he is escalating it today. we heard him say friday he's so

. >> i will read from your article talking about the mitchell family. mitchellidn't leave a will and instead let it become an heir's property, and let it become a piece of interest like owning stock in the property. when many african-americans didn't have access to the legal system and continued in the jim crow area many african-americans were suspicious of white southern court. 46% of african-americans do not have a will, more than twice the percentage of white americans. people with the best wills sometimes have the best lawyers and you pay the best money to those lawyers. it is not a priority for everyone. if you're poor and how you deal with your property doesn't necessarily come to mind first. >> it's more than that. black americans have reason to become suspicious of white courts after jim crow. those that continue to inherit without a will have a very difficult time clearing that title and consolidating ownership. >> it becomes easy to lose that land. hairs' property is estimated to make up more than a third of southern black-owned land. $3.5 billion, a v

mitchell reports" starts now but it's not andrea, it's jeff bennett. >>> thank you. right now on "andrea mitchell reports," executive action, president trump is trying to make matters into his own hands to get the citizenship question added to the 2020 census after the supreme court ruled the administration did not provide enough of a reason for why it was even necessary. >> you see justice roberts throwing it back to the district courts and saying you better come up with a rationale that's real. i guess president trump is looking for every rationale that's in the oval office. >>> secretary acosta goes to great lengths to defend his decision about jeffrey epstein. did he convince the audience of one, president trump? >> we live in a very different world. today's world treats victims very, very differently. today's world does not allow some of the victim shaming that would have taken place at trial 12 years ago. >>> and who is the boss? nancy pelosi tries to rein in the progressives as alexander ocasio-cortez accuses the speaker of singling on congresswomen of color. >> i'm not going to be discussing it any further. >>> it's good to see you. i'm jeff bennett in for andrea mitchell. at this hour, president trump is refusing to take no for an answer in his fight to get a controversial citizenship question added to the u.s. census. with the courts stopping him, president trump is expected to announce he's taking executive action to get that question included in the national head count. his announcement alongside attorney general bill barr is likely to happen during what the president is billing on twitter as a news conference later today. if he takes questions, you can expect him to be pressed on the census, but also the nationwide i.c.e. raids on thousands of immigrant families set to begin sunday and the future of embattled labor secretary alex acosta. joining me now is nbc white house correspondent kristen welker, julia ainsley, jeff mason, and msnbc contributor barbara mcquaid. christen welker, let's talk about why we're expecting this news conference. the president pushing for a citizenship question on the census. and our first team led off this morning with

mitchell reports" starts now. >>> and right now on "andrea mitchell reports," round two. the democratic contenders get ready to rumble. bernie sanders and elizabeth warren battling for the progressive crown but the president is trying to brand joe biden, still seen as his toughest challenger. >> i think right now it will be sleepy joe. i think. i feel he'll limp across the line. that's what i think. i think he's off his game by a lot. but i think personally it's going to be sleepy joe. >>> false claims. the president says people are thanking him for attacking popular congressman elinea cummings, but offering no evidence to support that claim. >> those people are living in hell in baltimore. they're largely african-american. you have a large african-american population. and they really appreciate what i'm doing. they've let me know it. >>> and taking sides. a survivor of sexual assault in the military, republican senator martha mcsally up for reelection comes to the defense of a top commander whose career is now on the line. >> the truth is that general hiten is innocent of these charges. sexual assault happens in the military, it just didn't happen in this case. >> but another military veteran and republican agrdisagrees. >> it gives me doubt as to your f f fitness. >>> good day, everyone. i'm andrea mitchell in washington. democrats prepare to face off for two nights of debates, a critical test that could decide who will survive to the next round. in a new poll, joe biden has recovered from his weak debate performance last month, regaining his big league and now polling at 34% among democrats and democratic leaning voters. his closest competition, elizabeth warren, at 15%. kamala harris and bernie sanders close behind. warren and sanders are on the same stage for the first time tonigh tonight, competing for progressive voters. pete buttigieg tries to get a boost in the polls. t joining me now from detroit, kristen welker and mike murphy, a former aide to mitt romney and john mccain. here with me in washington, mark murray and joel payne, a former director in the 2016 clinton presidential campaign. kristen welker, first to you, you're there in detroit. michigan played such a critical role in the victory for donald trump. bnz w hillary clinton lost to donald trump by 10,000 votes. that's ho

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i mean, it's just absurd. let me begin with you, charlie, first of all. i want to get the perspective a little bit among why republican vbs reluctant to come out and be very critical of what everyone is saying or at least most observers are saying are racist comments against the chair of the judicial committee. >> look, the strategy here is to divide the country on racial li lines, to divide the country between rural and urban and republicans either support that strategy or they are simply afraid to stand up to this president. i think it's a combination of that. there's a certain amount of cynisism. everything the president does is a moral test for the party and for the country. >> and a correction on my part, chair of the oversight committee not the judicial committee. that's jerry nadler. it seems the president is tweeting today essentially saying that democrats are quick to call everything racism, saying reverend al will show up to complain and protest. what is the president's strategy here and what he is doing in going after elijah cummings, and going after the squad? >> the president knows that his base do feel negative things about urban areas, primarily -- or minority areas and wants to respond to those cultural anxieties by letting them know he will support policies and ideas that play into their fears. he knows this works and that they support his attacks on those four congresswomen. this is what his white house aids have said. >> we get some democratic reaction to this. in fact, senator kamala harris just spoke out on the president's comments while campaigning in detroit. listen to this, guys. >> the idea that this president would attack the city of baltimore and elijah cummings is just, you know -- and the way he has done it is just a further example of the fact that the guy plays low ball. he is doing what he has done from the time he became a candidate. which he is trying to divide this country. >> jonathan, how should democrats respond to this, and all these other racist comments that the president consistently makes against members of congress and people of color? >> they will have to do two things once. one i agree with the tactic that you can't ignore the president, either on twitter or at rallies, you name it. you cannot let the president's racist comments stand. they have to be pushed back against. we are americans here and this is not the america we want to live in or the america that the world has looked up to for 200 and something years. the other thing is that while democrats are not ignoring the president's words, they have to tell the country where they want to take the country. not just in terms of changing the tone but in terms of policies. we have people in this country who are -- say that they don't like what the president says or they don't like the tweets, but they like what he's doing. or in the post, in our story yesterday about the tactics here that one strategist was saying, you know, people call republicans racist because of their ideas. people are reacting to what the president is doing by caging children at the border and having them live in their own fill the with nothing to clean themselves. families being torn apart at the border or the everyday menace that people of color, particularly african-americans, feel around this country. democrats have to talk about not only how they're going to change the tone, but what policies are they going to put in place to get this country back on track to what we thought it was>> cha here, fox news poll, the president's tweets about the four congresswomen of color crossed the line. 27% say it was an acceptable political attack for him to do that. i'm interested to get your thoughts on this. is there a political calculus that this could backfire for the president and republicans who, we mentioned, have remained largely silent about it? >> yes, it definitely could back fire, by driving away those suburban swing voters. no question about it that president trump is emboldened by the fact that he can get away with this with his base and elijah cummings, who is so widely respected on both sides of the aisle in congress and the fact that elijah cummings' republican colleagues have not spoken up more forcefully is telling. whatever think about al sharpton, he is one of the most polarizing figures in america. i'm sure that democrat the president is loving watching democrats rally to support al sharpton. isn't it always the faces of black and hispanic representatives d hispanic representative elijah cummings thing is interesting. we could have a debate about policies around the city of baltimore but that's not what this is about. this is a personal, vicious attack by the president of the united states on somebody who i think should be -- that congress should rally around because of elijah cummings importance and the respect with which he's held. >> you brought up the reference to al sharpton. let me read you some of the tweets the president has tweeted about al sharpton. i've known al for 25 years, went to fights with him and don king. always got along well. he loved trump. he would ask me for favors often. al is a con man, a troublemaker, always looking for a score. just doing his thing. must have intimidated comcast nbc. hates whites and cops. al sharpton would ask me to go to events, a personal favor to me. seldom but sometimes i would go. it was fine. he came to my office in t.t. during the presidential campaign to apologize for the way he was talking about me. just a con man at work. jonathan, your thoughts on that? and even the language that he uses to describe al sharpton. again, it has this racial tinge to it. >> yeah. those tweets reflect the language of a new yorker, who has the sort of 1980s, early 1990s view of rerch sharpton who, as you said, or as charlie said, was a polarizing figure in new york city and remains a polarizing figure to those who might be ensconced in the viewership of fox news, but the idea that if you know rev sharpton as i know reverend sharpton and i have koved him since i was a little editorial writer on the new york news editorial board since 1993. one thing you know about al sharpton, he's not going to anybody's office to apologize for anything that he has done. the president, as always, is lying. he is tweeting out racist thoughts and we should take them for what they are. >> jonathan capehart, eugene scott and charlie sykes, appreciate your insights. thanks, guys. >>> tragedy in california. at least three people killed and more than a dozen injured at an ambush at an outdoor festival. we'll get live reports from the scene. we'll get live reports from the scene. ♪ applebee's all you can eat is back. now that's eatin' good in the neighborhood. can't imagine doing it any other way. this is caitlin dickerson from the new york times. this isn't the only case. very little documentation. lo que yo quiero estar con mi hijo. i know that's not true. and the shelters really don't know what to do with them. i just got another person at d.h.s. to confirm this. i have this number. we're going to publish the story. did you know you can save money i have this number. by using dish soap to clean grease on more than dishes? 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did he have a clear motive at this point? we are expecting a press conference later today but what have you been able to learn? >> hey, ayman, good afternoon. a lot of answers hopefully will come from that press conference happening behind me in 20 minutes. his name, santino wilman. we don't know his age, if he was a local. he entered the perimeter fence, used some sort of tool to get into this festival. as we were talking about this morning, security was fairly tight for a food festival. you had to go through a metal detector and had bags checked. everyone walking in had already been checked. he had to get in a different way. what we heard from eyewitnesses was horrifying, absolute pandemonium. eyewitnesses say he was looki i looked ready for an attack. we'll hear more from police about why he decided to go there, who he was, how old he was. looking for a lot of big answers. the other thing we heard is that police are searching for a possible second suspect. not necessarily a second shooter but accomplice, someone who supported him. eyewitnesses have told police they thought there was someone else involved. >> we can sadly add food festivals in america that are no longer safe, including churches, movie theaters and schools. >>> how black voters will be a key force in the 2020 race this is "andrea mitchellts" only on msnbc. n msnbc. this is not just the flu. it's meningitis b... and you're not there to help. while meningitis b is uncommon... once symptoms appear, they can progress quickly and can be fatal... sometimes within 24 hours. before you send your teen to college... make sure you help protect them. talk to your teen's doctor... about meningitis b vaccination. stimulant laxatives forcefully stimulate i switched to miralax for my constipation. the nerves in your colon. miralax works with the water in your body to unblock your system naturally. and it doesn't cause bloating, cramping, gas, or sudden urgency. miralax. look for the pink cap. before she puts them in the dishwasher. so what does the dishwasher do? 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mitchell reports" starts right now. >>> thank you, craig melvin. right now on "andrea mitchell reports," who loves a parade? president trump promises a military extravaganza with tank and fly overs. plus a presidential speech in front of the lincoln memorial. instead of the traditional non-political july 4th celebration on the national mall. >> we're going to have a great fourth of july in washington, d.c. i hope a lot of people come. >> mr. president, how about a hot dog and a hamburger rather than an extravaganza that divides the country? >>> it feels like a jail. members of congress describing horrendous conditions at a detention facility on the texas border. some of the latina members were denigrated on facebook by border patrol officers. >> what we saw today was unconscionable. >> it was clear that the water was not running. in fact, one of the women said that she was told by an agent to drink water out of the toilet. >>> and the leaderboard. poll numbers showing a shakeup in the democratic primary race. shift after the first debates. >> in the first 24 hours after those debates last week there was a poll that suggested biden was going down. the most dramatic provemeimprovs for here. >>> good day, everyone. i'm andrea mitchell in washington. we have some breaking news. vice president pence was on route to new hampshire for a previously scheduled opioid event. air force 2 turned around, returned back to andrews joint base, he landed safely. we understand there was some meeting at the white house he's now heading to attend. we'll have a lot more on that from kelly o'donnell as we sort there. something did draw him back. we understand there's no health emergency. everybody is well but there's no cause for alarm according to white house officials. previously scheduled event changed midair. that, obviously, could be very important. >>> president trump's plan for a fourth of july spectacle also important and causing deep concern that the president is trying to turn a non-partisan national celebration into a campaign rally. >> it's a salute to america and i'm going to be here. i'm going to say a few words and we're going to have planes going overhead. the best fighter jets in the world and other planes, too. and w

bairstow eventually going lbw bulb light mitchell starc bairstow eventually going lbw bulb light mitchell sta rc and bairstow eventually going lbw bulb light mitchellover the line with morgan hitting the winning runs to putting on to the showpiece finale against new zealand. angered have been to three world cup finals before and lost them all, the last one in 1992 when they beat south africa to get to the final against pakistan. that was not to be, 27 yea rs on pakistan. that was not to be, 27 years on they have certainly put the semifinal across to bed and england can the go to lots and get the hands on the world cup? yes. one of the other great contests has been decided at emerald downs in washington. the t rex dash. this was the third annual race — where every competitor is obliged to wear the exact same inflatable tyranosaurus rex costume. look at them running their heads held high. it is the way their heads wobble. because you like to bring you occasional random animal stories this may be the most random most animal story. this is the third year of the t rex race, so popular. what is happening there? we have become deflated. what happens to a

mitchell, for five minutes. mr. mitchell: i ask unanimous consent to address the house. revise and extend. the speaker pro tempore: without objection, the gentleman is recognized. . mitchell: mr. speaker, america is an amazing place and we too often as americans take that for granted. opportunities exist in this country that simply aren't available in much of the world. any life is an example of the extraordinary possibilities in the united states of america. i ask you, where else can a kid, born in poverty, beginning life in a subsidized housing project, became a national legislator? here i stand as a member of congress. how many countries can the oldest of seven children, with parents that are an outo work worker and office worker become the first in their extended family to graduate from college, build a career, become c.e.o. of a major work force development company, and after retiring, be elected to congress? america is truly a unique and special place that we must love and respect with all our heart and soul. my mother raised me to believe that those with talents and resources were expected by god to make a difference in the world. i tried to do that in my career th

mitchell reports, andrea mitchell. in a moment, we're going to get to the president's torrent of tweets against congressman elijah cummings. and the city of baltimore. in total, 15 new or shared tweets over the weekend. of course it comes on the heels of his ongoing attacks on four congressional women of color whom he said should go back to where they came from. in part because of the quote, filthy and hate-laced things he says they have said about the country. this is from a man who has said that atlanta is falling apart. described philadelphia as struggling. and chicago totally out of control. called san francisco disgusting. and now baltimore a filthy place. we talk about the significance of it all beyond the outrage that the president always hopes to elicit but the damage he's committing here. but we begin with president donald trump announcing the departure of the director of national intelligence via tweet yesterday afternoon. he wrote, i am pleased to announce that highly respected congressman john ratcliffe of texas will be nominated by me to be the director of national intelligence. a former u.s. attorney john will lead and inspire greatness for the country he loves. dan coats the current director will be leaving office on august 15th. i would like to thank dan for his great service to our country. the acting director will be named shortly. "the new york times" reports that coats a veteran republican lawmaker and former ambassador to germany had long wanted to go and told the president and vice president that he was ready to move on during a meeting last week. coats was known to give blunt intelligence assessments, breaking with the president on big topics like north korea and vladimir putin. >> we have some breaking news. the white house has announced on twitter that vladimir putin is coming to the white house in the fall. >> say that again. >> you -- vladimir putin coming -- >> did i hear you? >> yeah. yeah. >> okay. >> yeah. >> that's going to be special. >> so we go from a man who by most accounts spoke truth to power in dan coats to now a nominee for dni who is widely seen as a trump loyalist. >> he also not only that, mika, but he was also one of the most embarrassing members during the mueller hearings. you can disagree with what robert mueller said and did at times i suppose. but he was screaming and yelling, talking about how mueller should be ashamed of himself for doing exactly what he was directed to do by the justice department without a doubt and we talked about it in realtime when we didn't know much about john ratcliffe at all, we said in realtime it was one of the most embarrassing performances of a very, very embarrassing day for those republicans judiciary members. >> third term congressman rat cliff was u.s. attorney for the eastern district of texas from 2007 to 2008. while he served four terms as mayor of heath, texas. then a city of about 7,000 people. ratcliffe a member of the house judiciary committee also joined the intelligence committee earlier this year. pushing investigations into the use of fisa warrants and the president's allegations of bias against him at the fbi. "the new york times" reports that ratcliffe privately met with trump about the dni job just a week before he lectured former special counsel robert mueller in wednesday's hearing. a performance that the president shared via twitter and on fox news yesterday ratcliffe continued to call the report meaningless. >> americans need to know this as they listen to the democrats and socialists on the other side of the aisle. volume two of this report was not authorized under the law. to be written. the chairman this morning when he said that donald trump is not above the law. he's not. but he damn sure shouldn't be below the law which is where volume two of this report puts him. the person who learned the most about the mueller report during wednesday's hearings was robert mueller. and that's sad but true. the conclusions weren't from robert mueller and they were written by hillary clinton's de facto legal team and represented some of her aides. so the mueller report is really going to be difficult for the democrats or anyone to rely upon the findings of a report when they just listen to the man whose name on top of it, not have a command of what was even in it. >> well, you know what a clown show for a guy like that to be attacking a marine hero, a guy that changed the fbi. he doesn't know what robert mueller did or didn't do. maybe he didn't give a type of performance that ratcliffe gave, screaming and humiliating himself. by the way, mika, ratcliffe was the guy who i think spurred a discussion here, if republicans are really -- i hate to call them that, a trump sycophant is going to call every democrat a socialist, can they call him a fascist? if they're going to mislabel them as socialists, then they should start calling ratcliffe a fascist and call him a fascist for the rest of his career until the fascist apologizes to capitalists who are democrats who he has mislabeled. so jonathan lemire, let me start with you and then we'll get to the ugliness of this election. is this really a guy that can get 50 votes from the united states senate in a time when susan collins who's already -- who's already looking at a loss in maine because of her vote on the supreme court nominees, when you have susan collins in maine, when you have cory gardner in colorado, when you have jodi ernst in idaho, are they really -- they're up next year, are they really going to vote for a clown like this and yes, he's a clown. he acted like a clown last week. he basically is spewing words that he reads from donald trump's -- on donald trump's twitter feed and on conspiracy websites. are they -- i mean, will there be a majority of members of the united states senate voting to confirm this man to the most important position in america's intelligence community? >> i mean, joe, you mentioned the names that everybody is going to be watching. there's going to be incredible scrutiny and pressure on the handful of republicans who sort of hold this nominee's fate in their hands. mitch mcconnell has a way of getting republicans in line but i don't know it's a guarantee here. i think it underscores just what a shift this is going to be from dan coats. i mean, coats was someone who as outlined earlier was known as someone who could speak truth to power and broke with the president on a number of issues and did so privately in the confines of the situation room. whether it was iran, north korea, or early on where the fight against isis stood and certainly on russia where coats time and time again warned about russia's not just -- what it did in 2016 but what it could do again. there's no subject that infuriates donald trump more than suggesting that russia played a role in his 2016 election. thinking it would delegitimize it in some way and now he gets a loyalist. yes as "the times" has reported, we spoke to the president about this several weeks ago and he used the appearance in the mueller hearing which raised all sorts of questions and stood in stark contrast to the quiet dignity of robert mueller there. used it as a final audition for this job and delighted the president who has been telling not only his -- has posted on twitter about it, but telling aides this is the kind of person he wants as dni. >> well, andrea mitchell, this is a type of person he also wanted at the fed. and herman cain didn't make it to the fed. neither did stephen moore and i'm wondering if we're looking at a situation that the president throws red meat to the crowd, to his base, knowing that i would guess richard burr one of the few republicans that's acted honorably throughout the entire process and ran a very bipartisan intel committee investigation, i would find it hard to believe that richard burr could vote for this man or the other north carolina senator who is up for re-election next year or those i named earlier. what are you hearing? >> well, it's really notable that richard burr did not issue any kind of statement about ratcliffe praising ratcliffe as you would expect if he were a partisan, a political figure. he's not been in fact he and mark warner had only on thursday released that stunning report saying that 50 of our states -- all 50 states had been attacked by russia. it was exactly that in that interview you play

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[ referee whistle sounds ] ♪ sport dr[ cheering ]s when you need the fuel to be your nephew's number one fan. holiday inn express. we're there. so you can be too. >>> the democratic primary contest appears divided between voters who want major change versus those whose top priority is to beat president trump. former vice president joe biden is seven points ahead of elizabeth warren. barely outside the margin of error. warren is followed crolosely by kamala harris and bernie sanders with south bend mayor pete buttigieg closing out the top tier. let's bring in mark murray and bring back jim masina. well, mark murray, you've got a lot to dig through. your big take away. >> number one has to do with those democrats who want fundamental large scale change. they end up making up 54% of the electorate according to our poll. the people who are winning them are elizabeth warren and bernie sanders. you end up having joe biden in third place. those who want smaller scale change, joie biden is lapping te field. this has the contrast to what democratic voters want. they're divided here. another divide, or poll shows that democrats, pretty much are split on whether they want a candidate who is more aligned with them on issues or who can simply beat president trump. i tell you back in 2015, 2016, the last presidential cycle. the issues was in the 70%. now it's almost an even split. electability matters minorityor democrats than it used to. tier one are the people who are running at the top. you end up having the joe biden, elizabeth warren, pete buttigieg, kamala harris, bernie sanders. tier two, talking beto o'rourke, then you have all the 1 percenters. then those people who are less than 1%. >> when we look at the age factor, what's interesting about this is that bernie sanders, you know, tops the field among young voters. >> he does. of course, remember, that was his strength in 2016. i will say one part that has to have him a little bit worried is he's not dominating this group the way he was in 2016. elizabeth warren's doing pret well with young voters too. joe biden is lapping the field with older democrats. >> what does that tell you about joe biden having the older democrats? >> well, right now joe biden has the two bedrock foundations of the democratic party, older voters and african-american voters. if he can hold that he'll be the nominee. he has the people you want to have who we definitely know are going to vote. what we saw in 2018 is youth surging turnout. right now, if there's a big youth surge turnout it would be bad for biden because he's getting a small number of young voters. the interesting part is going to be can he and kamala and elizabeth stop splitting all these votes. if they're going to stay in the race, all three of them, joe biden is looking pretty good. >> among white voters, joe biden and elizabeth warren are tied at 22%. >> that's right. it goes to jim's point about how he's dominating from african-americans. if you remove them in this equation he's no longer the field. we're talking about kamala harris, what's interesting in that divide between democrats who want larger and smaller change. she's straddling in the middle. she gets 14% from both groups. it's like she has one foot on one side and one on the other which to me shows the potential of someone who can be in the middle ground. sometimes you're in that middle position and it doesn't do you any good. almost either way for her. >> does the field have to narrow? it's very fluid. what we heard from the republican half of our team, is that this field shows biden as a front runner should be in 30s and 40s and he's not. he's lost elevation. >> i think biden was always going to come down. i think the appeal is going to shrink for two reasons. people will start running out of money quickly. this was going to be an expensive race. we moved texas and california up to the early states meaning you need real money to stay in. the third debate in august is just the top seven. so people are going to fight to get to the tier mark was talking about. if you're not on that debate stage you're going to have real problems getting people excited and raising money. i think you're going to see a bunch of people get out of this race after labor day. >> importantly, though, only 12% in our poll say their minds are completely mind up, which means this is still very early. i think these numbers are going to change with the winnowing and outside the winnowing. >> that's the big take away. this is fluid and early. thanks so much. thanks for being here. >>> coming up, round up. immigration advocates trying to let undocumented immigrants know their rights ahead of the weekend crackdown the president is calling for. that's next right here. stay with us on "andrea mitchelleports" on msnbc. h us on "andrl reports" on msnbc. 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mitchell picking up the coverage after this. rea mitchell picking up the coverage teafr this ride-along, captain! i've never been in one of these before, even though geico has been- ohhh. ooh ohh here we go, here we go. you got cut off there, what were you saying? oooo. oh no no. maybe that geico has been proudly serving the military for over 75 years? is that what you wanted to say? mhmmm. i have to say, you seemed a lot chattier on tv. geico. proudly serving the military for over 75 years. you ok back there, buddy? o♪ ozempic®! ♪ oh! oh! (announcer) people with type 2 diabetes are excited about the potential of once-weekly ozempic®. in a study with ozempic®, a majority of adults lowered their blood sugar and reached an a1c of less than 7 and maintained it. oh! under 7? (announcer) and you may lose weight. in the same one-year study, adults lost on average up to 12 pounds. oh! up to 12 pounds? (announcer) a two-year study showed that ozempic® does not increase the risk of major cardiovascular events like heart attack, stroke, or death. oh! no increased risk? (announcer) ozempic® should not be the first medicine for treating diabetes, or for people with type 1 diabetes or diabetic ketoacidosis. do not share needles or pens. don't reuse needles. do not take ozempic® if you have a personal or family history of medullary thyroid cancer, multiple endocrine neoplasia syndrome type 2, or if you are allergic to ozempic®. stop taking ozempic® and get medical help right away if you get a lump or swelling in your neck, severe stomach pain, itching, rash, or trouble breathing. serious side effects may happen, including pancreatitis. tell your doctor if you have diabetic retinopathy or vision changes. taking ozempic® with a sulfonylurea or insulin may increase the risk for low blood sugar. common side effects are nausea, vomiting, diarrhea, stomach pain, and constipation. some side effects can lead to dehydration, which may worsen kidney problems. i discovered the potential with ozempic®. ♪ oh! oh! oh! ozempic®! ♪ (announcer) if eligible, you may pay as little as $25 per prescription. ask your health care provider today about once-weekly ozempic®. most of us don't know how much data we use, but we all know we're paying too much for it. enter xfinity mobile. america's best lte with the most wifi hotspots, combined for the first time. when you're near an xfinity hotspot, you're connected to wifi, saving on data. when you're not, you pay for data by the gig. use a little, pay a little. use a lot, just switch to unlimited. get $400 back when you buy the new lg g8. call, visit or click today. >>> that will wrap up this hour, "andrea mitchell, good day, everyone, i'm andrea mitchell with breaking news. a stunning development, president trump escorting alex acosta to the cameras on the south lawn today to pronounce his resignation. under fire as labor secretary over his past handling of the jeffrey epstein prosecution in florida 11 years ago. epstein has pleaded not guilty this week to multiple sex trafficking charges in manhattan. acosta had already been under fire inside the administration, and clearly failed his defensive news conference test two days ago for an audience of one. but the president tried to put the best face on it today. >> he made a deal that people were happy with and then 12 years later they're not happy with it. you'll have to figure all of that out. but the fact is, he has been a fantastic secretary of labor. and alex called me this morning and he wanted to see me and i actually said, well, we have the press right out here, so perhaps you want to say it to the press. he's a tremendous tale

mitchell. i heard you talking about, mr. mitchell, how there'll come a day when your options run out. when your options run out, and i'm sure that you worry about going into the doctor and the doctor telling you, sorry, your options have run out. but when there are options, when they are at our fingertips but because of cost and greed, it's almost like you're reaching for the option and you just can't get there and it'd be one thing if it was just going to debilitate you for a minute, but when your life is going to end as i ought to say when you're dead you're dead. and so it's just -- it reminds me of when in my district in john hopkins, one of the greatest high schools in the world, doing a lot of great things. as a matter of fact, it's the hospital that saved my life. i know there are a lot of people outside of that hospital who just want to get in the door. they know the cure and treatment is there. they just can't get in the door. and so to all of you, i want you to keep forging ahead. keep in mind the words that i said, and i want you to put them on the dna of every cell of your

mitchel reports, andrea mitchel. i'm hoping we can understand -- i mean, we learned a lot yesterday from robert mueller. we learned that republicans still wanted to undermine the credibility of his report and him. but we learned that russia is actively trying to infiltrate our democracy through our elections process. if you believe the results of his two-year investigation, and you put aside the concerns some might have about the president's affiliation with all of this, his corruption, whatever you think about him personally, what's the problem with trying to secure the elections for this country with these bills? >> it is simply astounding that not only has the president not led a government-wide attack against this invasion by the russians and perhaps other players. we don't know what iran and china and others are doing. we know that russia set the model for this. they succeeded in interfering in the election. there was no confusion about that. that's been validated by all the intelligence agencies. no matter what and how often the president seems to be disputing this and siding with vladimir putin publicly, repeatedly, most notably in helsinki just over a year ago. despite all of that for the administration not to be doing a government-wide defense against this, and counteroffensive which the intelligence community is trying tad and did successfully do during the midterm elections, despite a lack of leadership from the top, for the senate to sit on their hands and not do the minimal things they could do is outrageous and coming just after mueller's testimony. look, i don't think there's -- that it's an accident that robert mueller became more engae engaged and more interactive in the afternoon when the russia piece of this was being examined. that's how he opened his initial nine minute statement which he thought would be his final statement, what he hoped would be his final statement. he opened and closed it with the warnings about russia. he was clearly either in conflict or not as certain about the obstruction piece of this. and it was a con vo lea lewded explanation. there's no argument that should be made. what i found the most damaging, frankly, even though there was a narrative if you pieced it together, you could find certainly the warnings and the acknowledgments about no exoneration, so the president's main thesis was penetrated and disputed by mueller because of the way in particular nadler and some of the other people on judiciary and schiff notably the chairs of both of these committees did a good job of setting the tone before and after in the wrapups but the fact -- the fact that the republicans were not rebutted, and that's where i think mueller's reluctance to engage or the cob fusion and the -- confusion and the other signs, and his inability to rebut the conspiracy theories from the russians was perhaps the most unfortunate part of the hearing. >> andrea, let me ask you this. i've been listening to this the last 24 hours since this happened. i agree bob mueller wanted to talk more about russia. obviously to the much more comfortable much more passionate, much more urgent, went further on those questions. he's trying to ring the alarm, especially that statement of it's happening now. right? not just russia but other countries. >> and interference would be a crime, he interjected. >> yes. but to say that president trump is not leading a concerted effort to ward off interference is a wild understatement. he continualously with other people around him, rudy giuliani, is inviting not -- he's not just trying to repel foreign interference. he's inviting foreign interference actively, openly saying let's do it again. yeah. it is amazing that we're not mounting a concerted effort, bipartisan, led by the president and the senate majority leader and the speaker of the house. what do we do in the face of this? if donald trump faces no consequences for what's happened. there may be political consequences in 2020 but no immediate consequences and the president is continuing to invite foreign interference in the 2020 election, and mitch mcconnell has shut down any legislative effort, what -- >> i take your point. you have to rely on the career people. the generals at the nsa, and dan coats under fire from the president now we hear rumors of at dni and the people in the fbi, chris wray, despite the sort of shocking admission the other day that he has not read the full mueller report. if not chris wray, who among hundreds of millions of americans should be reading this report chapter and verse? these are the career people doing it even without a full homeland security secretary where it should be based. and a major country-wide effort among all the states. the states that are so vulnerable. >> jonathan, just to butt a button -- put a button on this. robert mueller's warnings yesterday were nothing new. the russian government interfered in the 2016 presidential election in sweeping fashion. what he said yesterday is it continues and will continue into the 2020 election and warned other countries could do the same. >> that's his central focus. he's warning it happened before. it can happen again. as the president discussed, he is not only openly inviting it but won't look back and condemn what happened in the past. any acknowledge of foreign interference cheapens his victory. andrea, let me ask you about things lost in yesterday's headlines because of everything that happened with mueller. first, the president vetoed a pair of measures that would have prevented selling arms to saudi arabia. >> bipartisan, senate and house passed. overlooking all the evidence from the intelligence committee that the nbs, the leader of saudi arabia either directed or was in charge is complicit in the murder of jamal khashoggi. >> i was part of the press pool and he stepped into north korea and met with kim jong-un. here we have north korea firing more missiles into the sea according to south. >> and the president has said in may when they did this also that with short-range missiles that oh, it's not important because it doesn't threaten us. excuse me? south korea is not happy and john bolton is in seoul, south korea today when this happened and last night. and japan is not happy. these short-range missiles are banned by the united nations. they are a threat to our allies. yet, it doesn't matter to the president because he makes every excuse for kim jong-un with whom he has this love affair, and says that as long as it's not a long-range missile that can range the continental united states. presumably he cares about guam and hawaii as well with b-52s regarding them. it's astounding to me, but i understand the impetus to try to find a way out of fire and fury which he himself created. he inherited a bad hand, no question, from decades of bad or ineffective policies toward north korea, our most difficult intelligence target. yesterday, at the same time the overly excessive embrace of kim jong-un, a brutal tidictator is inexplicable, and giving him a third meeting and stepping into north korea, you were there. you witnessed it all. it was really unnecessary. >> andrea mitcheluch. we'll be watching andrea mitchel reports at noon right here on msnbc. >> coming up, we're going to talk to senator mark warner who has been pushing for legislation to help protect our democratic institutions. as we go to break, a first look at the latest issue of "time" magazine. the cover story asks who party is it and takes a look at whether democrats can overcome their divisions to defeat trump in 2020. 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two waves of mitchell named their bomb loads over the marina linking southern italy with the north. target, genoa harbor. mitchellsrying 500-pound bombs brave the genoa dock area without fighter escort. over the target is moderate but extremely accurate. we suffer no losses. it is a score down the docks and shipping in the harbor is damaged. target -- on may 24, tactical air force struck. no blackhawk fighters are encountered. broken clouds interfered with visibility. ♪ >> target, yugoslavia, german troops had occupied the town, forcing the partisans to take up positions in the outskirts. liberators based in italy dropped 40 100-pound all purpose bombs. the bombing run is made at an altitude of 50,000 -- 15,000 feet. in the first formation, about 2/3 of the bombs cover the left of the target. bombs of the second formation hit the end of the town. near misses are scored on the bridge. smoke of the bombing is visible 30 to 40 miles away. target -- yugoslavia, on may 29, selective bombing issues by b-24's to destroy another german occupied town. flak is encountered over the target. on this one day, several other yugo

and andrea mitchell and host of msnbc's "andrea mitchell reports."ans, you're take white house so i want to start with you. you know, on one hand it's not a new story here, the president even brags about liking the actings. i alone can fix it, well, he alone is in charge. >> that's how he likes it, chuck. and i think what was the most telling to me about that conversation that he seemed to be having with alex acosta there in front of the cameras was president trump basically telling alex acosta i would have let you stay but i didn't. i think that's the mystery in all this. because other people submitted resignation letters, the president can refuse them. it was clear that the white house didn't like the trajectory of this story. all the other cabinet secretaries that have led to that list, the credits that you were playing there, it's all taken place over a much longer time. so when you talk to officials inside the west wing, they're not really surprised that acosta left. they are surprised with the velocity and the timing of this. and i think the bi

two waves of mitchell's aimed a bomb loads at the realm right -- rail lines linking southern italy with the north. target -- genoa. mitchellsarrying 200 pound bombs. extremely accurate. we suffer no losses. shipping in the harbor is damaged. target -- may 24th, tragical air force struck. broken clouds interfered with visibility. ♪ narrator: target, yugoslavia. german troops occupied the town. liberators based in italy dropped 40 general-purpose bombs each. the bombing run is made at an altitude of 15,000 feet. in the first formation, the bombs cover the left of the target. smoke is visible 32-40 miles away. >> target -- yugoslavia, on may 29, selective bomb by v-24's to destroy another german occupied town. on this one day, several other yugoslavian towns containing concentrations of german troops are attacked from the air to aid the army. 290 liberators, at least 540 tons of bombs over targets in yugoslavia in one day's operations. >> from a base in the admiralties, they set out, accompanied by an enlisted unit. starting from calvary headquarters on the south coast they wade ashore. the combat cameraman are as heavily arme

mitchell, or mr. mitchell, you mentioned three things you think need to happen. can you walk us through those again? and mr. hice mentioned earlier, you talk about a balance we need. you want innovation to happen, as you said in your opening statement, without innovation, they're not going to find what you need to continue to live, so innovation is critical but price matters too. that's where we're at. let's figure out how we can keep both. i think you have three points you made in opening statement. >> i appreciate you offering me the chance to repeat them, sir. we need to reform patent law. the creates act you helped sponsor and helped advance in congress is important. pay for delay deals that don't allow generics and bio similars to come to market timely. citizen petitions, 95% fiemd with drug companies, 92% kicked by the fda that former commissioner gottlieb flagged as a problem. patent thickening that they tried to take on. this is to make the system you built work so we can reward innovation. and let them make a lot of money because you did innovation, you took a risk. >> exactly right. there's a reason patent protection is in the constitution. we want people to take risks, come up with great ideas, innovative things and do it. >> exactly. you have to make it balance. so when the time you intend is over, competition and free markets drive it down. so it is not working. that's one. two, we really fundamentally believe that the united states should do what every other country in the world does, bargain directly with drug companies. strike the noninterference clause and medicare should negotiate drug prices. we think that negotiations is the essence of a capitalist system. when you're in a situation, someone can dictate a price to you, that's not free market. that's giving a monopoly, allowing that to be enforced at taxpayer expense. third, we think we have a problem down the supply chain. one of the problems with the system is that when list prices go up, everybody down the supply chain makes more money. so they all have incentive to have list prices continue to go up. pbms, chief among them. secret rebates are bod policy, we don't think they work for patients. i can't know if the preferred drug on a formulator is there because it is the best drug or least expensive monkey kwalamon- we would like you to address transparency with pbms. those are the three big things. there are others. >> i appreciate that. the key to me, we have this amazing system where we do get in ovation and the greatest drugs brought to market, research, development brought to market in the united states. we can't stop. we have to make sure that continues. happens in a way that people can afford medicine they need. treatment they need which is -- so thank you all for being here. with that, mr. chairman, i yield back. >> mr. raskin. >> mr. chairman, thank you very much. i wish that all of the media which swarm over this congress when we conduct oversight into governmental corruption and criminality were here today because this is a crime too. this is corruption and this is a nationwide scandal. i must say this is the finest and most inspiring panel of witnesses i have seen since i got to congress. and i hope that every american takes time to watch your testimony today or tonight or over the weekend. i wish i had an hour to question all of you. mr. mitchell, i have special attachment to your testimony because it is so lucid and brilliant and clear and also because you're my constituent in bethesda, maryland, you make the 8th district of maryland proud. i wish i knew someone who had millions of twitter and snapchat followers all over america to reach your testimony. maybe i could prevail upon one of our distinguished freshmen members of the committee to make you famous today, mr. mitchell. my friend from ohio launched his remarks today with the attacks on socialists, they're not jacking up the prices to make them unaffordable for americans, and it is not socialists who are stifling competition, it is large pharmaceutical companies themselves. and this would be no surprise to my beloved adam smith who understood that the companies are in the business of profit, not out offal -- of altruism. they will destroy competition and every significant free market economist understood that. i think that's the burden of your testimony, mr. mitchell, t

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>>> the democratic debate rematch omhours from now, a spotlight is going to be on the front runner, joe biden, who is expected to unleash a new strategy after being trampled by kamala harris in the first debate. this time biden is bracing for a pile on from all sides, particularly from cory booker who is going to share the stage with the former vice president for the first time since their heated public spat over biden's decades' like battle on civil rights. let's get the scoop. susan page, usa today's washington bureau chief and jeremy peters "new york times" politics reporter and msnbc contributor. since we're focusing on biden, i've got to start with you. how is he prepping. he's telegraphing he's going to be more combative. in talking to chris matthews earlier, he shouldn't relitigate his whole record going back to the 70s. he should be going back to donald trump. >> reporter: ahead of the first debate, we know he's going to be the subject of a lot of attacks from other rivals on the stage but he's going to deflect those attacks and stay focused on donald trump and look at his vision for america. we never saw that strategy play out in that first debate. he got very much defensive. he's going to be willing and able to mix it up with his rivals on the stage. there's an important reason for that. it's part of a broader strategic shift from biden where he knows because of that first debate performance he needs to mix it up a little bit. we heard simone sanders say he's not going to let anybody push it around. he needs to show he can mix it up with his opponents there. it if you can't do that, that lets democratic voters question whether he can do that as well. he's going to be focusing on healthcare and kamala harris on that issue. his campaign thinks she has not been clear enough for medcaicar for all, that she's trying to get it both ways. >> she has a detailed plan since the debate when she did sort of pivot from one to the other, susan page. she's been very specific about how she would be different from the medicare for all proposals we heard so much detail on yesterday, last night from elizabeth warren and bernie sanders. you pointed out in usa today that the forum exposed a conflict within the democratic party. much of the back and forth focused on the democrats' competing visions of the policies principles. that is the divide. >> we've seen it on the impeachment debate, the same divide, different topics. a lot of the energy of the party behind the most progressive candidates, elizabeth warren and bernie sanders, but concern among more moderate democrats, including those who flipped and gave democrats a majority in the house. the most progressive message, the message of medicare for all and green new deal is one that will hurt democrats in some of the swing districts. >> race will also be a much bigger issue tonight. you have people of color on the stage as contrasted to last night. mayor pete was very vocal on this and what republicans should be saying. let's watch. >> if you are watching this at home and you are a republican member of congress, consider the fact that when the sun sets on your career and they're writing your story of all the good and bad things you did in your life, the thing you'll be remembered for is whether in this moment with this president you found the courage to stand up to him or you continue to put party over country. >> you've covered him, you've profiled him and travelled alongside his campaign. what did you think of his performance last night? >> i think he did what he needed to do to reset where he had been prior to this eruption in south bend where he was criticized for not being responsive enough to some of the concerns of the black community there over a police shooting. i don't think he's entirely put it sfwiebehind him. he's still struggling to build support among frafrican-america. i think he's done about as well his campaign hoped he could do. he's got a lot of money. he's going to be sticking around for quite a while. i think it depends on whether he's able to use the money as a candidate who is 5% in the polls or is able to climb into the double digits. >> for biden, this is make or break. including his strongest supporters, he's up to this, that he hasn't, you know, weakened, whether it's age or being rusty. he really has to show his strength without being overly aggressive going back against kamala harris and some of the others. >> he can't let himself be muellered. that character from f. scott fitzgerald, benjamin button, he has to eareverse age. he has to say let me tell you what i did and not take all the incoming and go one by one. kamala harris did what she -- she won't do what she did again, but something like it. he has to pivot to what i did do about civil rights and violence against women and -- >> doesn't that make him too defensive? >> no. let me tell you what i did do, not what you're telling me i did wrong. no, i think he does have to, you know, pivot from that to the good things he did and say what he's going to do. if it's on healthcare, who better to talk about it? governor bullock said who would have thought that democrats would want to repeal and replace obamacare. and biden can speak to that. >> because he's going to say -- like, we should not start over. look, this was incredibly hard. it's not perfect. but at this point in the game to start over from scratch with a plan that has virtually no chance of becoming law, what is the point in that? >> mike, when you talk to people around joe biden, when he knows how difficult this is and they've got to be worried because as you were writing they prepared him for 11 hours last time and then he did fall flat. >> reporter: the hope is that this is a 2012 barack obama situation. what we saw in that last debate was a candidate who understood he'd be the subject of attack but hadn't quite gotten his head around the idea of what it would feel like in real life. we remembered how when barack obama faltered in that first debate against mitt romney it was joe biden who came in very aggressively against paul ryan. i know his team has been preparing, the same team as the last time, with him again in delaware. that's what they hope to see, a candidate who had the very least shows he's up to the task and of course he can defend his record and push back against his rivals. >> the only prediction i'm going to make in advance of this debate is if joe biden does not do it tonight, this race is wide open. i have to leave it there for now. that's a pretty safe prediction. >> i don't think it's wrong. >> jeremy, susan, mike, margaret, thank you all so much. >>> coming up in our next hour, ohio congressman tim ryan will speak on velshi and ruhle. >>> despite orders the trump administration is continuing to separate children from their parents. stay with us, you're watching "andrea mitchelleports" on msnbc. reports" on msnbc. you make time... when you can. but sometimes life gets in the way, and that stubborn fat just won't go away. coolsculpting takes you further. a non-surgical treatment that targets, freezes, and eliminates treated fat cells, for good. discuss coolsculpting with your doctor. some common side-effects include temporary numbness, discomfort, and swelling. don't imagine results, see them. coolsculpting, take yourself further. dprevagen is the number onemild memopharmacist-recommendedng? 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they have dedicated to securing the damning evidence of mitchell's attem pts damning evidence of mitchell's atte m pts to damning evidence of mitchell'sthat was detective chief inspector simon blackburn giving the statement. any moment we will have the business news but lets look at the headlines. a man who stabbed a father to death in front of his son on a train in surrey is found guilty of murder. a second royal navy warship — hms duncan — is on its way to the gulf as tensions with iran escalate. a teenager has been found not guilty of murdering 17—year—old yousef makki, who was stabbed with a flick knife in cheshire in march. here's your business headlines on afternoon live. summer travel plans for those flying from heathrow are under threat with 4,000 staff threatening to strike on six days in july and august. the world's oldest travel agent thomas cook is in talks to secure a 750 million pound rescue deal to help it keep trading and reinvent itself for a future in which consumers don't need travel agents as much as they once did. car—makers volkswagen and ford are teaming up to work on self—driving and electric car technology to

mitchell. you're watching msnbc. spen forum i'm andrea mitchell. you're watching msnbc. ♪ and with bank of america and merrill, the benefits you get can grow, too. as a preferred rewards member, you can enjoy priority service and exclusive discounts... so your growing life can be more rewarding, too. ♪ what would you like the power to do? ♪ this melting pot of impacted species. everywhere is going to get touched by climate change. ♪ wiswitch wireless carriersn bring in your own phone, and save hundreds of dollars. it's pretty much the easiest way to save since sliced bread. sure is. because savings is as savings does. and sometimes you've just got to stop and smell the savings. i'm sorry, i think you mean roses. oh right. you need to stop and smell the roses of savings. bring in your own phone, switch to xfinity mobile and save hundreds of dollars a year. now that's simple, easy, awesome. get $100 back when you bring in an eligible phone. click, call, or visit a store today. >>> i want to apprise everyone of an incident in the strait of hormuz today involving the uss boxer and navy amphibious assault ship. the boxer took defensive action against an iranian drone, the drone was immediately destroyed. this is the latest of many provocative and hostile actions by iran against vessels operating in international waters. >> president trump on thursday announcing that the u.s. ship had downed a drone. and iran disputes the claims. not clear what the truth is here though. this is the latest in the string of incidents between the u.s. and iran. i'm joined by chris murphy a member of the senate foreign relations committee. how do we get off this precipice? >> this is a policy not a strategy of escalation without any end game. it's not really clear what the president wants at the end of these series of provocations. obviously negotiations would be best, but the iranians can't read the president some days he seems open to the negotiations without preconditions and other days he says he'll blow iran off the map so the iranian regime has made some offers but they have little hope. the danger here is of course there's a police calculation that the iranians believe they're taking defensive measures and the americans think we're taking the defensive measures and we get into the shooting war and the danger of that increases by the day. >> now, the foreign ministers have said to journalists in new york they're willing to negotiate and they're willing to permit more inclusive inspections but only after american sanctions are lifted. and certainly mike pompeo has indicated that there are a long list of demands before they would lift sanctions. >> right. so our administration's approach is wholly and completely unrealistic. what we're saying is that we want to re-engage in negotiations and settle every single one of the negotiations -- >> they should stop the nuclear -- >> and the most egregious action of the iranians is the move towards the nuclear weapon. and all the other activity is much worse if they're a nuclear power so divorce them from the nuclear weapons ambitions, then we take on the other bad things they do. trump is never going to get if iranians to agree to give in on all of those grievances at the table. and the first offer from zarif that he made yesterday to reporters frankly is a step backwards in many ways from the agreement that obama negotiated. what they basically said they'll make permanent the inspections that i are currently allowing today if the united states permanently withdraws our sanctions. that the congress withdraws the authorization, which means they can't be levied again. >> which is a nonstarter, clearly a nonstarter. >> right. >> what about mediation through gulf nations, oman, qatar, others in the region that have strong relations with both countries? >> so the problem there is that these countries in the gulf, the omanis at the top of the list who may be able to bring the parties back to the negotiating table don't trust the president. right, you have to idea who you're bringing to the table so the omanis don't want to ruin their credibility by bringing a trump administration to the table they're just going to use as a -- an opportunity for grand standing. and then you also have the europeans who right now are spending all their time just trying to keep enough business going with the iranians to keep the iranians in the majority of the nuclear agreement. and the europeans are in no mood to get back to the table with an administration that's constantly attacking them. so the conditions are just not right for negotiations. i wish that weren't the case, but that's what makes these escalatory actions of shooting down of drones so dangerous. if we saw a potential for negotiations maybe there was a path but there isn't which makes the outbreak of hostilities more likely. >> i have to ask you about the president's comments of -- against the four congresswomen. he said he tried to stop the crowd in north carolina, the video indicates that's not the case. he did nothing to stop them and in fact encouraged it with the comments that preceded the chants. clearly, racist comments. how damaging and what do you say to your fellow republican -- to your fellow senators who are republicans who have been silent on this? >> so the crowd was chanting a recitation of the president's tweets. he can't disavow because they were commanding what he had announced the day before. that omar and others who opposed him of a different skin color should go back to their country of origin, whatever that may be. so it's totally disavow something he originated and the republicans have to call him out on this. i understand that many are tired of having to constantly answer for the president's outrageous behavior. but he crossed a line here that unfortunately many of his followers are willing to go with him on. and if we don't collectively -- republicans and democrats say there's no place in this country for the most important person, the president of the united states, engaging in overt racist language then i think we risk the whole democratic experience falling apart. i don't think we should take for granted this miraculous experiment that's lasted for 240 years, a multiethnic nation that hasn't have to persist if we allow this president to divide us. i don't think we should assume this sticks around for another 240 years. i think it's that important. >> have you said that to fellow senators? >> maybe not in those exact words but i think we have all used, you know, our friendships and our relationships across the aisle to explain to them the political downside of getting cross wise with the president is a small price to pay for the survival of the republic and i know that sounds like hyperbole. i get it. a lot of the republican friends will think i'm overhyping the threat but i think if you let him get away with this, he's telegraphing what this is the next year and a half is going to be like. what his re-election campaign is going to be all about and if that's what we have to live through the next year and a half it's a danger to democracy. >> chris murphy, thank you. >>> and coming up next, round two. less than two weeks ago until the next democratic debate. steve kornacki joins me to set the scene. this is "andrea mitchell" live from aspen, coming up next. up next. when you start with a better that's no way to treat a dog... ...you can do no wrong. where did you learn that? 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mitchell reports" starts now. >>> and right now on "andrea mitchell reports," round two.ntenders get ready to rumble. bernie sanders and elizabeth warren battling for the progressive crown but the president is trying to brand joe biden, still seen as his toughest challenger. >> i think right now it will be sleepy joe. i think. i feel he'll limp across the line. that's what i think. i think he's off his game by a lot. but i think personally it's going to be sleepy joe. >>> false claims.

"andrea mitchell reports" starts right now. >> right now on "andrea mitchell reports," squad patrol. conversation with president obama's national security adviser. >> well, the message to americans is that only some of us can count, and i've never heard that out of the mouth of an american president before. >> razor's edge. tensions rise after iran seizes a british tanker and

mitchell reports" starts right now. >>> and right now on "andrea mitchell reports," under fire. labor secretary speaking out for the first time after calls for him to step down. >> it's now impossible for anyone to have confidence in secretary acosta's ability to lead the department of labor. >>> guess who's not coming to dinner? hours after disinviting the british ambassador to a dinner for a visiting head of state, donald trump labels the veteran diplomat wacky stupid and careless. moments from now we'll hear from president trump as he welcomes emere of quatar. >>> after making his mission to try to impeach president trump. >> if you think there's something absolutely critical, try as hard as you can and let the chips fall where they may, and that's what i'm doing. >>> coming up, we'll talk about that and a lot more with senator bernie sanders who wants to declare an emergency to battle climate change. >>> and remembering a political legend of ross perot. >>> and we have breaking news. good day, i'm andrea mitchell in washington where we expect president trump to be facing questions momentarily about his labor secretary alex acosta who just tweeted that the crimes committed by jeffrey epstein is horrific. with the evidence available more than a decade ago, prosecutors insisted he go to jail and put the world on notice he was a sexual predator. now there is an opportunity for bring him more fully to justice. joining me now is kelly o'donnell. secretary acosta putting a very favorable gloss on what the so-called florida prosecutors -- he was the lead u.s. attorney did -- he had a lenient one year sentence with a lenient work release program. >> reporter: able to leave a county jail for as much as 12 hours a day to go to his office and spend the evenings there during his 13 month sentence. this is a statement that the -- certainly the white house has been watching to see what the sort of tempo of coverage would be about alex acosta who was confirmed by the senate in 2017 and has been in many instan

. >>> "andrea mitchell reports" starts right now. >>> and right now on "andrea mitchell reports," underecretary speaking out for the first time after calls for him to step down. >> it's now impossible for anyone to have confidence in secretary acosta's ability to lead the department of labor. >>> guess who's not coming to dinner? hours after disinviting the british ambassador to a dinner for a visiting head of state, donald trumpab

mitchell, founder of the group stop online violence against women. shireen mitchell, welcome to democracy now! can you respond to this tweet and delete of donald trump, jr. and talk about this in the tradition of the trump family, really, president trump himself, just as a private new york developer, leading the birther movement against president barack obama, questioning where he was born? >> yes. this is not just a pattern of this family, the trumpmp family. please, remember, trump is also the one that tried to get five inwn and black boys executed central park. let's not forget this is a history within this family of racism. the other parts of this is we also need to remind ourselves -- also, they participated inn housusing discriminationon. there were all kindsds of legal ramififications about t them tatargeting black anand brownn cocommunities. so this is not new. this is not t a surprise to me d should not be a surprise to anyone else. the ways in which they use our identity as s a weapopon to raly their base is very problematic and very consistent. kakamala harris being g a womanf color and running for office and running against donald trump, going -- maybe going forward, this is not a surprise it would start this this early. but also be clear that this online harassment of black and brown women has been going on as a part of the election process and has been going on since 2013 as we track many of these behaviors of this pretending to be black women trying to defame or discredit black women. in this example is exactly that. is not an american black when she was born in oakland is ridiculous. but this harkens back to what was happening with obama as well, that his father was kenyan, so somehow that made him .ot black enough, not born here yet to prove that he was. and that is the part of the birtherism that was being expanded upon when donald trump himself started promoting that campaign that barack obama had to explain his existence in this country. i would say there is no other group that is constantly asked to identify as american because we have the term "african-american" that somehow we are choosing african first. that example is an example that happens in our community, but also very much used as a weapon against us. , what doreen mitchelle know about the person who actually posted the tweet, this ali alexander? ofwhat i found outut or some us digging deeper, this gentleman happens to be connected to some of the other right-wing groups in the alt-right groups, associations with jacob warhol. so he is associated -- it was not surprising the donald trump reach we did him because he is been a part of that community. amy: finally, your response to, well, this went before the tweet and delete of donald trump, jr.. in february, senator kamala harris spoke to the breakfast club. this is radio host charlamagne tha god questioning harris about memes circulatining online about her. isanother meme says, kamala was african-american, she raised in canada, not the united states. >> so i was born in oakland. [laughter] in the united states except foror the years i was in high school in montrtreal, cana. look, thisis is the sameme thing they d did to barack obabama. this is not new to us. i think we know what they are trying to do. the

but for now, "andrea mitchell reports" starts right now. >>> and right now on "andrea mitchell reportsorward, embattled labor secretary alex acosta is set to answer questions this afternoon even as a new accuser against jeffrey epstein speaks out on today. >> what hurts more is that if i wasn't afraid to come forward sooner, then maybe he wouldn't have done it to other girls. i feel really guilty. to this day i feel really guilty. >> mind the gap. the british ambassador to the u.s. resigning today saying the rift with the white house is making it impossible for him to carry on as the outgoing prime minister comes to his defense. >> he has given a lifetime of service to the united kingdom and we owe him an enormous debt of gratitude. >>> and we are the champions. honored with a ticker tape parade in new york city elevating their fight for equal pay. >> even though they're different

jerry mitchell, thank you so much for explaining that and talking about that pic are there. 0bviously very controversial issue. jerry mitchell and there was confusion at the world's biggest cycling race, the tour de france, when the organisers stopped the racing part of the way through the stage. the reason was a huge hail storm in the alps, which had made the mountain roads too dangerous to ride. 0ur sports correspondent ben croucher has the details. stage 19 taking place on friday, one of the big last couple of days in the alps. crucially for the main contenders, one of the last opportunities to go for the win of the race. about 20 kilometres before the end, at the ski resort of tignes, there was a hailstorm, and a snowstorm, and what that did is that flooded the roads and caused a landslide, blocking it so organisers were forced into the incredible decision of actually abandoning the race. it caused confusion amongst many of the riders within the race about what was going on exactly. leading is the man you can see, egan bernal, leading away at the front, behind him, geraint thomas, the defending champion, and crucially ju

mitchell reports" starts right now. >>> and right now on a special edition of "andrea mitchell reports," live from the aspen security forum. hate speech, the president escalating his attacks against congressman ihlan omar. stoking his supporters' anger at a campaign rally. >> omar has a history of launching vicious anti-semitic screeds. >>> inside view. new documents from the raid of michael cohen's office showing who else was involved in the stormy daniels cover up. >> there are a lot of questions about this investigation that, you know, we've never gotten the answers to, including why destiny decided to close the investigation on its own. >>> and blocked. jon stewart eviscerates two republican senators who prevented passage of the 9/11 relief funds for now until they say it's fully paid for up front. unlike their trillion dollars in tax cuts. >> you know, there's some things they have no trouble putting on the credit card. but somehow when it comes to the 9/11 first responder community, the cops, the firefighters, the construction workers, the volunteers, the survivors all of a sudden, man, we've got to go through this. >>> and good day, everyone, i'm andrea mitchell at the aspen ideas -- excuse me, the asman security forum here in colorado. president trump is appealing to anti-immigrant bias in his campaign rants against four minority congresswomen, spotlighting the one member who was born outside the u.s. ihlan omar. she fled war torn somalia in the 1990s. the president armed with a string of attack lines went off on a five minute diatribe against omar, prompting this stunning chant from a north carolina republican crowd. >> she looks down with contempt on the hard working americans saying that ignorance is pervasive in many parts of this country. and obviously and importantly, omar has a history of launching vicious anti-semitic screeds. >> joining me now msnbc political analyst peter baker, chief white house correspondent from the "new york times." and jane harmmon. nbc white house correspondent jeff bennett in washington. welcome all. thanks so much. peter baker, you and i have seen a lot over the years. but i have never seen a president of t

mitchell reports" starts right now. >>> thank you, craig melvin. right now on "andrea mitchell reports," who loves a parade?t trump promises a military extravaganza with tank and fly overs. plus a presidential speech in front of the lincoln memorial. instead of the traditional non-political july 4th celebration on the national mall. >> we're going to have a great fourth of july in washington, d.c. i hope a lot of people come. >> mr. president, how about a hot dog and a hamburger rather than an extravaganza that divides the country? >>> it feels like a jail. members of congress describing horrendous conditions at a detention facility on the texas border. some of the latina

mitchell reports" starts right now. >>> and right now on a special edition of "andrea mitchell reports," live from the aspen security forumof congresswoman ilhan omar after she became the target of racist attacks from the president of the united states and his supporters. >> we are not deterred. we are not frightened. we are ready. we are in the ring, we are in the people's house and we are going to continue to keep fighting until we have the america we know we all deserve. thank you. >>> shootdown. tensions rise off the coast of iran after president trump announces the u.s. navy took out an iranian drone in the strait of hormuz. >> this is the latest of many introvolcanotive and hostile actions ain

mitchell reports starts right now. >> thank you to morgan radford. >>> and right now on andrea mitchell reports, more is coming. in a late night letter, the justice department tries to rein in what the former special counsel can say in his testimony before congress tomorrow. as the president tries to down-play expectations. >> the report was written, it said no collusion. the report was written, and the attorney general based on the report was easily able to find there was no obstruction. there's no nothing. they're wasting their time. >>> hey, big spenders, the white house and congressional leaders agree to a two-year budget deal raising the debt ceiling until after the 2020 election and putting america $22 trillion in the red. >> we need to restrain spending more, but, you know, the numbers weren't there so mnuchin and speaker pelosi and others worked together. we did about as good as we can do and there's not going to be any debt default. >>> coming up, i'll talk to the chairman of the house budget committee on whether this tentative agreement will hold. >>> and new at number 10, controversial pro brexit populous boris johnson was chosen to the new prime minister and promises to lead his country out of the european union by the halloween deadline. >> i know that there will be people around the place who will request t question the wisdom of your decision. and there may even still be people here who wonder quite what they have done. ♪ >>> and good day, everyone. i'm andrea mitchelln washington. in less than 24 hours, we will finally hear from robert mueller answering questions for the first time about his two-year investigation. house democrats are hoping his testimony will rebut the president's frequent claims that he's been totally exonerated. while republicans try to amplify the trump mantra that the trump's origins were politically motivated. here who are critical developments to watch. will mueller obey the restrictions laid out overnight in a tough new justice department letter? second, can democrats construct a coherent narrative despite criticism over the questioning in previous hearings and despite the republican counterarguments? joining me now, nbc white house correspondent kristen welker, msnbc legal analyst meme meme roker, and justice and security anally the maft matt miller and sam stein, politics editor at the daily beast. welcome all. matt miller, i want to turn to you first because the question now is this letter. do they have the authority, ca

mitchell. take a listen. we do not. an drdrea mitchell is joining mn the phone. are you there? >> i am. >> what do you make of this change now? >> i think it's a real set back for the intelligence community. dan coats has been someone who came in as a former senator, former ambassador. did not have a whole lot of experience in intelligence per se and exceeded expectations in the way he managed the intelligence community and in the honesty of his direction and testimony and the advice he gave to the senate which is a big part of his job. he seemed to get along very well with gina haspel. he's in charge of 17 intelligence agencies as reconstructed 9/11 when the re-organization of intelligence is done to try to provide better communication and fewer breakdowns of stove piping as they said after 9/11 so every bit of information would be shared across lines, across agencies. most notably as you pointed out year ago, almost exactly a year ago, he gave a very honest answer to the surprising announcement by the white house on twitter that putin would be coming to a summit with the president of the united states only days after a disaster summit in helsinki when the president had sided with putin over his own intelligence advisers on the key question of whether russia attacked our elections. the situation never really cleared up. it was made worse last spring when in his testimony as head of intelligence, he sat there along with the other leaders and said it was the unanimous opinion that kim jong-un had no intention to denuclearize. that led to the president berating the intelligence leaders publicly calling them clowns. this has not been a good relationship. there's been names floated. a lot of energy on the part of some very conservative critics of the intelligence agency on the republican side. >> did we lose andrea? we do have the sound bite from last year at the aspen summit. let's play that. >> i do want to say we have some breaking news. the white house has announced on twitter that vladmir putin is coming to the white house in the fall. >> say that again. >> vladmir putin coming -- >> did i hear you? >> yeah, yeah. >> okay. that's going to be special. >> we laugh if we weren't crying at moment in hearing that. what did you think it meant when he was saying this? was he out of touch with what the president was doing? >> the real message is not that he was out of touch but the white house was making decisions without consulting any of the national security officials other than john bolton. whether it was a communication from putin directly, spoken to bolton, bolten spoke to sarah sanders and said tweet this out. there was no communication with the intelligence community, no advice after the criticism of the summit days earlier. no communication, based on very good sources, with the secretary of state even though he was an ally of the president. the decision for this to be taken by the president and john bolton, national security adviser traditionally would have said let vees's have a meeting this. let's discuss it. that would have been what any of his republican or democratic predecessors would have done. he gave the orders to sanders to tweet it out. i know the coats people had been in touch with the national security council only shortly, within minutes of before he appeared with me that day just to check and see if there was anything that had come up. that information was not disseminated. it was an impulsive decision by the president or he didn't think and his national security adviser didn't say a decision this big should have been vetted. >> or think the dni should have it. the news at the quarter hour that the director of national intelligence, dan coats, is expected to step down as soon as this week. what do you make of timing? you know the president started a fight with the city of baltimore and the city has been fighting back. he started the race war last week with the squad. what do you make of the timing of this? >> i would say just from a foreign policy perspective it's terrible timing. there's not been a confirmed defense secretary from december until last week. dan coats was at mark esper's military reception ceremony and the president attended that just a few days ago. the fact is, they have so many acting secretaries to get someone confirmed now. congress is gone. the senate would have to hold hearings in september. this is the most important intelligence job in our government. we have a very well respected cia director but the director of national intelligence sees things that the individual agency heads don't see and have that broad overview is very important. to have a shake up right now for personal and petty reasons. not for any cause is pretty extraordinary. i think that especially if he's going to be replaced by someone who is not fact based. certainly the questions that congressman radcliff asked at the hearing of mueller were not fact based. that will have tremendous affect on the morale of the intelligence community. people are professionals and been baddgered and beaten since the first day of this administration. he's criticized them publicly and ever meetings with vladimmi put putin. there's a lot of reasons why there's level of concern. >> the president says he knows more than the intelligence people on all of this stuff. who is there within the administration at this point y say -- to say to the president you're wrong. >> there's people who know more. mike pompeo would come to mind. whether he's willing to confront the president privately that way remains to be seen. there's no evidence that some of those best people in foreign policy have been willing to talk back to the president on issues like whether or not he's probablily thought through the iran decision and what the next steps would be. there's a lot of questions about this at home and at broad. dan coats is very admired in the senate and so this would be a change that would not be very popular with a lot of senators who worked with him when he was a senator and admired him when he was ambassador to germany. >> all right. thanks for you and your time and analysis on this breaking story. it's been a long 20 minutes or so. mr. watwatkins, you know dan co. you know him well. >> he's the guy that got me involved in politics. way back when. i'm afraid to say how long ago. >> are you surprised by this move move? >> i'm not surprised by it. i knew he might be leaving soon. he encouraged me early on. he used to work for dan quayle. >> what kind of role do you think he played in this administration? was he saying to the president, listen, mr. president, you know there's something wrong over here. >> i think he was willing to tell the president the truth rkts what he needed to hear. that may not have always been popular with this president. >> are you surprised he lasted this long? a lot of people who have said things to the president are not there. >> he's lasted longer than a lot of other people. there's no doubt about that. >> should we be frightened he's leaving? >> she's suhe's such a well res guy. >> i'm sorry sto see him leavin. >> up next, president trump race and his base. democrats are calling it a president latest attacks racist. are they playing on trump's turf and the fight for 2020? turf and the fight for 2020 i don't keep track of regrets. and i don't add up the years. but what i do count on... is boost® delicious boost® high protein nutritional drink has 20 grams of protein, along with 26 essential vitamins and minerals. boost® high protein. be up for life. termites, we're on the move.24/7. roger. hey rick, all good? 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[ camera clicking ] wifi up there? -ahhh. sure, why not? how'd he get out?! a camera might figure it out. that was easy! glad i could help. at xfinity, we're here to make life simple. easy. awesome. so come ask, shop, discover at your xfinity store today. >>> we're back now with the o outrage out of baltimore. residents and the newspapers are hitting back at president trump following his rationcially char remarks. in passionate editorial, this was incredible. the baltimore sun saying it's better to have rats in your neighborhood than to be one. just moments ago a new tweet from the president high pressure he's doubling down. he says if racist elijah cummings would focus -- he just continued. you see it. we can move on. let's bring in our panel. he's calling elijah cummings raci racist. welcome to all of you. mara, let's start with you. the washington post reports that trump camp hopes that race can actually serve as a big thing for him come 2020. >> well -- >> next year's deplorables 2.0, perhaps. >> donald trump knows how to talk about race and how to talk about racism to his base. he is racist, clearly. he knows how to motivate people by dividing him. that's not the only way to win an election. it's just the laziest, lowest way. i would say the democrats would make a huge mistake if they try to ignore the racism and talk about other policy issues. they need to do both. i have a different take on this than a lot of people do. i believe they need to go directly at the racism. this is a battle for the moral soul of america. it's not just a policy issue. i think it's really important that this is defined for what it is which is a fight between america and trumpism. >> as far as trumpism goes, they ran with that deplorable thing when hillary clinton called his voters the deplorables. do you get a sense you'll see t-shirts that say i'm a racist. >> you can go after the racism without calling wide swaths of the country bad people. the racism is the enemy. not one another. >> well, i would say that if you're supporting donald trump at this stage in life, in our political life which feels like a thousands years. i feel a thousands kreeyears ol. if you're still supporting donald trump at this stage, you're racist. i think it's very true. we need to call a spade a spade. we need to say the truth which is that how can you look at donald trump's tweets, listen to him tell people to go back to their country, listen to a whole rally of people chant, send her back and us not talk about the fact that hillary clinton was right. they are deplorable because they are a basket full of racists. >> here is what bernie sanders was saying about all of this and get you to weigh in. >> i do find it interesting that when we have rural republican districts with life expectancies going down and people are struggling and people are struggling in rural america, suburban america, our job is to bring people together to improve life for all people. not to have racist president who attacks people pbecause they ar african-americans. that's a disgrace and that's why we will defeat this president. >> i want to get your reaction to all of that. you're the republican here. >> also the son of an immigrant. >> the son of an immigrant. >> i'd be very angry if somebody to my mother go back to where you came from. >> i get the sense you're a person of color. >> i am. >> cool. on top of all of that you have been privy to a lot of these tweets. >> if i get stopped by a police officer they're not going to say are you a republican or democrat. i'm a black man. i get treated like black men get treated everywhere. i have a vested interest in t l telling the truth in my life. i'm not name calling anybody but i said the tweets were racist. if people from of european descent were told to go back to europe, germany and norway then i could say everybody is getting the same treatment. it's always brown people and black people. i think there are people many the republican party who don't like the tweets. they don't like what's happening with regards to race. they don't like the division. they don't like the racist tweets. maybe in some cases they like some pieces of the policy. they don't like what's happening with immigration and how it's happening, how it's unfolding but maybe they like the tax cuts. maybe they like what he did with prisons, with the prison reform. there's some republican who is will justify some bits of the policy. there are others who ought to be speaking out who aren't. there ought to be a lot of elected members of congress and the senate who should speak out whether or not they lose their district or not. >> have we heard tim scott in. >> be a patriot. i don't care what your political party is. be a patriot. >> if you're there, you're there to serve the people. you're there to do what is right. you're not there to serve yourself. you're there to serve the public and make the country better. sf >> we'll leave it there. thank you. we'll be back with you. >>> still ahead, where is former president obama amidst all of this talk about race relations? why has the first black president been mostly silent? his former staffers penned an op-ed and now finally we're hearing from him. op-ed annod w finally we're hearing from him since my dvt bt i was thinking... could there be another around the corner? or could it turn out differently? i wanted to help protect myself. my doctor recommended eliquis. eliquis is proven to treat and help prevent another dvt or pe blood clot... almost 98 percent of patients on eliquis didn't experience another. ...and eliquis has significantly less major bleeding than the standard treatment. eliquis is fda approved and has both. don't stop eliquis unless your doctor tells you to. eliquis can cause serious and in rare cases fatal bleeding. don't take eliquis if you have an artificial heart valve or abnormal bleeding. if you had a spinal injection while on eliquis call your doctor right away if 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idly by as racism they continue to say are wielded by the president and an. 149 obama officials denounced the president's racially charged rhetoric. all of the same mind set. it's just going to keep going. yesterday obama himself endorsed his former staffers opinion piece tweeting i've always been proud of what this team accomplished during my administration but more than what we did, i'm proud of how they are continuing to fight for an america that's better. joining me now are two of the cosigners of this letter. thank you for being here. >> thank you. >> kimberly, let me start with you. where has president obama been in all of this? he said he's happy you're continuing this fight but it seems as he's been a little bit quiet. >> this is a fight that belongs to all of us. this is a fight that belongs to citizens and people who care about this country which is all of us. i think i trust the president and his need to step back. his inviting us to take on the work and that's what we have done in penning this op-ed and in the work that's being done by many former obama appointees who are in communities across the country. >> there was this one quote that stuck a cord with me. it reads in part now send her back. black and brown people in america don't hear those chants in a vacuum. we felt the full force being shouted in our face, whispered behind our backs or hurled at us. can you please share your own experience with all of this. >> right. >> and why this rhetoric is dangerous. >> as soon as i saw the comment it was a slap in the face for me. i'm a public servant. after graduating college i went into public service in order to make our country better. i've heard the chants from elementary school to high school. i'm from the united states. i'm working day in and day out to make the united states better. the comments toward black and brown representatives that trump continuely lashes out at these members of congress, he's not responding with any policy proposals. it's just blatant hate. we need to get to a better place. >> listen to what the congresswoman had to say about trump's latest attacks against minority lawmakers. >> he continues to say things about american cities all across this country. look, our president has a hate agenda. he doesn't have a policy agenda. that's ha he falls down on. this hate agenda is seeping into policy making. >> do you kind of agree with that, the president has hate agenda? >> what we're seeing is really concerning where our senior leaders, including the president, are promoting an active agenda of trying to t divide people by race and hitting one community after another. that's not an agenda ma moves us forward. it's not an agenda many americans subscribe to. that's why it's so important that we speak truth to what we need to do to move things forward for our country. >> another cosigner weighed in on obama breaking his silence. here is a listen. >> my goodness, you have to speak out every single day if we were going to critique the rhetoric and tone and policy of this administration. what he said is important is all of us should speak up. when issues are critical, he does add his voice to the equation. he's measured about it because he really wants the next generation to whom he's passed the baton to speak up and lift their voices. >> she says that obama is being measured but it's the same thing i said, do you think the president should be speaking out more? >> right. i think the president has pasted the torch to next generation. i think another thing he's no longer the president of the united states. >> he's the first black president of the united states. we're having all these race issues right now. that's sort of like saying reverend al sharpton just pass it on. you protested during the civil rights era. you're good. you have to pass it onto a new generation. who's the new generation? >> right. the next generation of people make up the u.s. halls of congress right now. i think we saw with the blue wave right now or the last election cycle there's wave of young immigrants who came into congress whether that's on the federal, state or local level and those are -- these are the folks going to lead the chapg that president obama inspired starting in 2008. i think as a private citizen he's limited in what he can do. >> we'll leave it there. thank you for your full-time ti sunday. >>> beyonce starts another internet sensation. ♪ brown skin girl ♪ the best thing in the world >> her new song brown skin girl is celebration of beauty and a rare bright spot in national conversation on race and it's going viral. understandably. we'll talk about it. ing viral. understandably we'll talk about it. getting dressed can be rough. downy free & gentle has no perfumes, no dyes and softens clothes. laundry isn't done, until it's done with downy. liberty mutual customizes your car insurance, so you only pay for what you need. i wish i could shake your hand. granted. only pay for what you 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coming days. he's been at odds with the president on a number of issues and trump's attacks on the intelligence community. the president has said to be considering a representative from texas. he's a republican and is a possible replacement ratcliff is a staunch defender of the president and had his audition moment this past week when he grilled robert mueller at the judiciary hearing on capitol hill. that's breaking news right now. dan coats might be stepping down. >>> a couple is going to court saying their denied their surrogate daughter her u.s. citizenship. treating as if she was born out of wedlock because she's only biologically related to one of the dads. a spokesperson declined to comment citing pending litigation. thank you for joining me. if you have a surrogate and the surrogate is born out of this country, that child is a u.s. citizen, right? >> yes, we would think so. >> for you all it's not? >> the federal law is clear that the child is born abroad to two parent who is are married. that child is american. at least one of the parents is american and in our case we're both american. our child was born abroad and we are married. whn when we went to get to our daughter's passport, it was denied. >> just unbelievable. i imagine you have your lawyers trying to fight this. >> we haven't heard from the state department. our only interaction has been at the embassy that day. we saw it was very clear. we were very confident that we were just going to pick up our daughter's passport. we thought there's no way she's not american. there at the window, they asked us a lot of questions. they kept us for a long time. a lot of different same-sex couples came and went. they said to us until the rules change, your daughter is not american and you can try to return home with her on a tourist visa. >> just absolutely unbelievable. what are you doing? >> well, we really kind of panicked for a while. we found the great folks at immigration equality in law firm morgan lewis that's acting pro bono on our behalf. they have drafted a complaint and filed against the state department. we're hoping a federal judge will look at our family and see we're a family just like every one educational and grant our daughter her citizenship. >> at this point you can't travel outside of the u.s. i assume she has a passport from a different country? >> we can't all travel at moment. she's stuck here until this matter is resolved. >> which is the least of our problems. we don't mind being stuck here in the usa. the issue is just the anxiety it causes us as a family know we have a child that's out of status in this country. we are people who have always followed the law and done everything -- we tried to do everything right. it's just very disconcerning for us. >> fellas, gay marriage that approved by supreme court three years ago. >> 2015. >> four years ago. i'm sure a lot of people in movement thought we're in the clear. you're in the clear. does this make you feel like a second class citizen yet again? >> that's such a great question. thank you. we're both 38. we have been through a lot. we were married actually in 2015 in new york a month before the supreme court's decision and in our lives we have lived through aids. we have lived through don't ask, don't tell. we have seen the tide turn in this country. in 2015 and since then, we started to feel confident that we're accepted. honestly, we are. we live in the south. we live in atlanta. we don't know the way our neighbors vote. but we stand in a cul-de-sac with them every day. we are parents alongside them. this really is a very nasty moment for us. we thought this was behind us. no, it's not over. the government, at least this one, is questioning our marriage. >> thanks to both of you for your fight. i know a number of people who are going through the same fight in the washington, d.c. area, friends of mine. thank you guys. >> thank you so much. >>> it's time for the good, the bad, the ugly. we're going to do it a little bit different this time. end on a high note. let's bring back bara and danielle. they have been waiting all hour for this moment. what was your ugly for the week? >> my ugly is that as the president and the republicans have attacked black and brown americans, gay americans, we have not heard other voices or enough of them speaking out against this. we really need americans to stand up for one another. especially white americans. that's really important. >> but also i would imagine, you would like to hear some black republicans who speak up. >> i would like to hear white republicans, which is the majority of them. i would like to hear republicans, democrats, little league coaches. if you are not talking about this in your classroom and you are a teacher -- my mother is a teacher. this is the issue. this is the president's issue. this is the defining issue of our time. will we stand up for one another as human beings, as neighbors, as citizens? i think the silence is deafening for a lot of black and brown americans right now. >> what was your ugly? >> my ugly is the case of francisco galecia, the young man detained by i.c.e. for 23 days even though he was carrying his birth certificate, i believe, his social security card, all indicators -- >> born in the usa. >> he is an american citizen. he was detained for 23 days. i believe lost 26 pounds. for us to say that what donald trump is doing at the border isn't a form of a concentration camp, isn't denying people their basic humanity -- >> even for some americans. >> even for some americans, is obscene. >> that's right. i think the stories that we are hearing -- we heard one from a gay couple as well, that we are hearing out of borders in this country, are very disturbing. for how we treat human beings, whether they are citizens or not. but also the idea that citizens are being detained shows you the rule of law is breaking down and trust is breaking down. that is just integral to democracy. we need to do everything we can to depend it. >> you weren't feeling mitch mcconnell this week. >> i don't feel mitch mcconnell. let's just be clear about that. moscow mitch. his decision -- >> which is trending. >> which i love. his decision not to do anything about our elections and a bipartisan -- bipartisan legislation, three bills came up for him to be able to put out for the senators to vote. the grim reaper has decided not to do it. which makes we believe, i think he may know what's going to happen in 2020 like last time. >> your good. >> the resignation of the governor of puerto rico was inspiring, because it shows that when you protest, when you take to the streets peacefully, you can bring about change. i think there's others american bhamericans who can say they can be inspired by that. >> your good? >> my good is always beyonce. and brown-skinned girls. >> not just beyonce. >> no. let me tell you something. when i heard the song for the first time, i actually cried. i cried because i was saying during the break is that, it was a really difficult week for black people. this song was just so inspiring and so beautiful and just reminded us we matter, we're seen. it was just the most. >> let's play the sound. what it has -- you saw lupita and the school kids. we want to hear them and hear the words and see them enjoy the skin that they are in. ♪ >> we have the kids as well? kids all over africa, brown-skinned girls all over have been celebrating. >> it's beautiful. >> we needed it. >> after all of this, we needed it. >> appreciate it. thank you. >>> more on the breaking news. "the new york times" reporting that dan coats, the director of national intelligence, will step down in the coming days. >>> the democratic candidates making their preparations before they square off for the second time on tuesday. john delaney will join us to talk about how he hopes to have a breakout moment in detroit. so that early retirement we planned. it's going ok? great. now i'm spending more time with the kids. i'm introducing them to crab. crab!? they love it. so, you mentioned that that money we set aside. yeah. the kids and i want to build our own crab shack. ♪ ♪ ahhh, you're finally building that outdoor kitchen. yup - with room for the whole gang. ♪ ♪ see how investing with a j.p. morgan advisor can help you. visit your local chase branch. prpharmacist recommendedne memory support brand. you can find it in the vitamin aisle in stores everywhere. prevagen. healthier brain. better life. dto experiencer gthe luxury you desire on a full line of utility vehicles. at the lexus golden opportunity sales event. lease the 2019 rx 350 for $389 a month, for 36 months, and we'll make your first month's payment. experience amazing. there's brushing and there's oral-b power brushing. oral-b just cleans better. it's the one inspired by dentists... with the round brush head. oral-b's gentle rounded brush head removes more plaque along the gumline... for cleaner teeth and healthier gums. oral-b. brush like a pro. liberty mutual customizes your car insurance, hmm. exactly. so you only pay for what you need. nice. but, uh... what's up with your... partner? not again. limu that's your reflection. only pay for what you need. ♪ liberty, liberty, liberty, liberty ♪ the way you triumph over adversity. and live your lives. that's why we redesigned humira. we wanted to make the experience better for you. now there's less pain immediately following injection. we've reduced the size of the needle and removed the citrate buffers. and it has the same effectiveness you know and trust. humira citrate-free is here. a little change can make a big difference. humira can lower your ability to fight infections. serious and sometimes fatal infections, including tuberculosis, and cancers, including lymphoma, have happened, as have blood, liver, and nervous system problems, serious allergic reactions, and new or worsening heart failure. tell your doctor if you've been to areas where certain fungal infections are common and if you've had tb, hepatitis b, are prone to infections, or have flu-like symptoms or sores. don't start humira if you have an infection. ask your doctor about humira citrate-free. here's to you. >>> that will do it for this hour. i will be back next saturday at 2:00 eastern time. follow me on facebook and twitter. the news continue now with the breaking news and my colleague. >> thanks. >>> breaking news. that is that the director of national intelligence is reportedly expected to step down. that just in to msnbc this afternoon. "the new york times" reporting that dan coats will be out within the coming days. axios adding to the reporting saying john ratcliffe is expected to take that job. let's get straight live on the phone for us right now, former fbi assistant director and nbc news national security contributor frank fragluzi, andrea mitchellg coming from

mitchell reports starts right now. >> thank you to morgan radford. >>> and right now on andrea mitchell reports, more is coming. letter, the justice department tries to rein in what the former special counsel can say in his testimony before congress tomorrow. as the president tries to down-play expectations. >> the report was written, it said no collusion. the report was written, and the attorney general based on the report was easily able to find there was no obstruction. there's no nothing. they're wasting their time. >>> hey, big spenders, the white house and congressional leaders agree to a two-year budget deal raising the debt ceiling until after the 2020 election and putting america $22io

mitchell takes over from here. hey, andrea. >>> thank you so much. right now on "andrea mitchell reports," what now?nouncing his next steps as nancy pelosi, fresh off a meeting with alexandria ocasio-cortez trying to tamp down calls for impeachment. >> i'm not doing that. let's get sophisticated about this, okay? we will proceed when we have what we need to proceed, not one day sooner. >>> punching back. a more aggressive joe biden ready for a rematch. new attacks from kamala harris and this time cory booker. also on the same debate stage for the first time. >> look, i'm disappointed it's taken joe biden years and years until he was running for president to say he made a mistake, especially because he's partly responsible for the crisis we have now. >> cory knows that's not true. if he wants to go back and talk about records i can do that but i'd rather talk about the future. >>> mass arrests. 16 u.s.

mitchell reports" starts right now. >>> and right now on a special edition of "andrea mitchell reports," live from the aspen security forumeech, the president escalating his attacks against congressman ihlan omar. stoking his supporters' anger at a campaign rally. >> omar has a history of launching vicious anti-semitic screeds. >>> inside

"andrea mitchell reports" starts now but it's not andrea, it's jeff bennett. >>> thank you. right now on "andrea mitchelldent trump is trying to make matters into his own hands to get the citizenship question added to the 2020 census after the supreme court ruled the administration did not provide enough of a reason for why it was even necessary. >> you see justice roberts throwing it back to the district courts and saying you better come up with a rationale that's

mitchell, the prosecutor who is brought to to question blaze sayy ford goes through a sear of questions. rachel mitchell i found to be a fascinating character we explore, she has a very good reputation for interviewing victims of sex crimes in order to prosecute perpetrators so she is very good at what she does, nationwide expert. and she seen tells when she is interview fog the position she tells the senate judiciary republicans if youer leaking for a bull dog, that's not me. i i have career to go back to and i'm very conscious of the need to protect sexual assault victims and comes in and is exactly that way, and starts going through the questioning. we were told, leading up to the second -- the reopening of the hears that christine blasey ford could not make it to dc because she was terrified of flying. that was a message con individual through their attorney and rachel mitchell asks her about it and pursues whether that is a true statement or not. how didout get here she flew. how did you get her earlier in the summer? she fly. >> do you fly? yes, regularly. she explores whether she has flown to australia and she says that would be much to difficult for me. then turns out that on her resume she lists one of her interests is surf travel, that she flies all over the pacific, island hopping, not something that matches with the claims we were developed that she was so terrified of flying they had to delay the hearing for days and days. so just kind of laying out these pieces of information. i think is it important you say why would someone not tell something that's true. it's also true that sometimes people believe themselves to telling the truth of have a viv hid memory that is not necessarily reliable. and we speak with memory experts who say one problem they had with her testimony is when he said that something was indelible in hippocampus and the memory expe

mitchell? >> yield for a question? so if you grant the premise of your statement, mr. mitchell, that it's only what the adversary believes not what we believe, is it your contention then that if the adversary sees a tactical nuclear weapon, a low yield nuclear weapon by the united states in -- that's usable that it will increase the frequency or the likelihood that that will be used rather than a strategic weapon that would have a greater yield? >> i think you have allies that have to depend upon you standing up to defend them if they -- if the tactical nuclear weapon is used against them. you have people that believe you have the capability to do that and you have the willingness as a nation to do that. we have gone this long without a full scale nuclear weapon because our adversaries have believed -- because our adversaries have believed that they don't want to have that tradeoff. this is a different level tradeoff and we have our adversaries believe -- >> the gentleman's time has expired. >> we will not do that. >> this argument is missing the point of the amendment. and the

mitchell and shane.” them. kero, scott, lee, goodbye lee, ross, mitchell and shane. ithought you were going to go on and on.s really boring? it was a long list of names. i was waiting for you! where is carol, where is sean? carol, we do know you are at wimbledon which is a lovely thing and a lovely day. it's a little bit sillier than it has been in the last couple of weeks but it's nowhere near as silly as it is across parts of scotland and northern england. at the moment the temperature there is —0.3 celsius. because northern england we are looking at twos and threes. some of us are looking at twos and threes. some of us are waking up to some frost, can you believe it? the forecast for us all today is a real mixture, it's going to be changeable as we go through this week but today what we have had some rain coming into northern ireland, later in the day we will see that through western scotland. for most of us it's going to be dry with a variable amounts of cloud and also some sunshine, the best of which will be in the northern isles, the channel isles and across the south coast of england. so you can see

mitchell reports" starts right now. i got all choked up. >> i'm choked up just thinking about it. jeff, thank you so much. >>> right now on "andrea mitchell. tonight a critical test for joe biden after his weak performance in the first round of debates. who is going to take him on tonight? >> i was probably overly polite in the way i didn't respond to an attack. >> the response to having a substantive records shouldn't be to go on an attack. >> democrats divided. with elizabeth warren and bernie sanders under fire from the moderates on the stage, debate night reveals a battle for the heart and soul of the democratic party. >> why do we got to be the party of taking something away from people? >> we're the democrats. we are not about trying to take away healthcare from anyone. that's what the republicans are trying to do. >> it's true that if we embrace a far left agenda, they're going to say we're a bunch of crazy socialists. if we embrace a conservative agenda? they're going to say we're a bunch of crazy socialists. >> i did that when i wrote the damn bill. >>> and family matters. despite a federal court ordering an end to family separat

mitchell versus wisconsin was decided 5-4. 28 states have laws similar to wisconsin's. here is april's one hour opening argument in the case. >> mitchell versus wisconsin. mr. hinkel. mr. hinkel: mr. chief justice, and may it please the court: the state advances a bold and novel proposition here, that it can excuse itself from the fourth amendment warrant requirement simply by enacting a statute saying that some of its -- that its citizens have consented to a search. here, that search is a blood draw, but there's no reason that similar statutes couldn't be enacted to authorize all manner of other searches. for example, a state could declare that driving on its roads constitutes consent to the installation of a gps tracking device on a person's vehicle, or consent to an officer scrolling through a person's cell phone if they happen to be stopped. now this court has never approved a search on the theory that -- that a search -- that consent can be deemed by operation of law. and that's because, under schneckloth, consent is a question of fact. chief justice roberts: is it -- it doesn't strike me immediately as that horrendous to allow the officers to look, not through the cell phone, but to sort of calls, find out was this person calling somebody or talking to somebody at the time they, you know, ran over somebody else? is that -- is that so obviously -- mr. hinkel: i don't know that it's -- chief justice roberts: is that so clearly something that they couldn't do? mr. hinkel: well, i don't know that it's more -- that it's an equally intrusive search as opposed to a blood draw. chief justice roberts: yeah. mr. hinkel: what i'm trying to express is that once we accept that a -- the simple existence of a statute can provide consent, then reasonableness doesn't really enter into the picture anymore. a -- a search that's based on consent is reasonable regardless of any other factors. if a police officer comes to my house and says, hey, i'd like to come in and look around, do you mind, and i say yes, it doesn't matter if he has any suspicion. so these are the kinds of situations that we find ourselves in if we permit that -- that a statute can bring about consent. justice ginsburg: how -- how -- how would it be if the statute simply said, if you don't consent -- let's say we have -- we now have a conscious driver -- if you don't consent, then we will immediately revoke your license and, when we try you for driving under the influence, we can tell the jury that you refused to consent to a blood test. would that statute -- that statute wouldn't have a fourth amendment problem, would it? mr. hinkel: under birchfield, no. that's the whole thing of birchfield, that the states can impose that sort of condition on the decision to operate. justice ginsburg: what about the unconscious driver, who couldn't hear that notice? mr. hinkel: who is incapable of having that conversation, is that -- justice ginsburg: he's uncapable -- he's incapable of hearing what he's told, but, in the -- in -- in the case of the unconscious driver, could his license be revoked? mr. hinkel: the wisconsin statute at issue here doesn't lead to that result. i don't see any constitutional problem with saying that it could be, but it's just a fact that wisconsin statute doesn't permit that in this circumstance. the legislature could certainly remedy that. now, regarding consent, this court said in schneckloth that the capacity for a conscious choice is the bare minimum for voluntary consent. given that we're talking about someone who is unconscious, that's a good enough reason for this court to reject the state's consent theory. justice sotomayor: well, we let people give advance consent on any number of issues, including dnr, do not resuscitate consent forms, and, generally, they come into effect when you're not in a position to revoke. why isn't this comparable? mr. hinkel: that -- i mean, that's certainly true, justice sotomayor. it's not comparable because, in this instance, the state has never argued that mr. mitchell or that any other person who operates on wisconsin roads has made that choice. in the case of a dnr, a person, you know, sits down and -- and makes a decision. here, there's no indication that any decision like that was made to permit the search. justice kagan: do you think wisconsin could do that? suppose, at the time you went in to get your driver's license, you had to sign something and it said, i'm -- i'm -- i'm agreeing that if i'm ever found unconscious, you know, i'm giving my consent now. mr. hinkel: yes, i think that's a harder question. it's -- once we have knowledge and -- and some course of action that has been deemed to trigger a search, then it gets -- it starts to look more like what we commonsensically would think of as consent. you know, you knew this was going to happen if you did this; you did this. the problem with that analysis, though, is that, again, it opens -- it opens the world up in terms of what the state can -- the conditions that the state can put on diff

mitchell, co-director of the institute for local self reliance. she spent years working with policymakers and grassroots organizations to help develop city, state, and federal policies to strengthen independent business and curb corporate power. ms. mitchell has appeared in publications like the nation, the atlantic, and the wall street journal and her works have had a significant influence around discussions around corporate consolidation. her paper, antitrust, earned her recognition in 2017 as part of the jerry s. cohen award for antitrust scholarship. she serves on the board of the maine center for economic policy. our fourth witness is maureen ohlhausen, a partner at baker botts llp. she led the federal trade commission as acting commissioner. she directed all aspects of their antitrust work. she's published dozens of articles on antitrust, privacy, ip, regulation, telecommunications and international law issues. she has particular expertise on privacy issues. she has received numerous awards for her work and scholarship. she received her ba from the university of virginia. today's fifth witness is carl sa szabo. he worked as an intellectual property attorney. mr. szabo has expensive experience in taxation, privacy, copyright and trademark law. he worked at the ftc where he helped create and implement their consumer information security outreach plan. he is also an adjunct professor of privacy law at the antonin scalia law school. our last witness is morgan reed, executive director of the app association. he specializes in issues involving intellectual property competition and innovation. prior to joining the app association he served as managing director of north american sales for a taiwan-based company. recent mr. reed has focused on developing an innovators' network, and organizing a team of officials focused on the importance of ip law. mr. reed received his ba and graduate degree at arizona state university and attend the university of utah and national taiwan university. we welcome all of our distinguished witnesses on the second panel. thank you for participating in today's hearing. if you would rise, i'll begin by swearing you in. please raise your hand. do you swear or affirm under penalty of perjury that the testimony you're about to give is true and correct to the best of your knowledge, information, and belief, so help you god? let the record show the witnesses answered in the affirmative. thank you, you may be seated. each of your written statements will be entered into the written record in its entirety. i ask that you summarize your testimony in five minutes. when the light turns green to yellow, you have one minute to conclude your testimony. when the light turns red it signals your five minutes has spider. we'll begin, mr. wu, with you. you have five minutes. >> thank you, chairman and other members of the committee. it is a great pleasure to be here today. i'm very grateful that the subcommittee is conducting this work and these investigations. i believe this is one of the most important economic issues facing our country. i think we face a vitally important question, which is this: whether the united states will remain the place that new industries start, the place where startups get their start. the place where inventors think they have a chance to challenge the dominant firms of their day, where innovation flourishes, where really the united states is capable of being the place, as i've said before, that new industries are started. and i think that is something that has come into question. i think that we face across the economy an overconsolidation, an overconcentration in many industries. i think this is particularly evident and in fact extreme in the tech industries. so over the last two hours of the first panel, we listened to something that to me could have been a hearing in the year 2005 or maybe almost like a fantasy zone. if we're to believe what the testifiers were saying, and they were under oath, we live in a time of incredibly fierce competition. i could leave this hearing, go to my garage and start a challenger to google, facebook, and amazon. there are no barriers to competition. every competition is only one click away. i think that everybody knows that's not true. there is no mystery anymore about whether the tech markets have flipped. there's no question as to whether there are barriers to entry and whether the tech economies have in fact become a very difficult place for people to get started. people are starting to talk about the decline in the number of startups. almost unthinkable in the united states, which has always had a comparative advantage in being the place where startups will get their start. so i think it is time for the reassertion of what i think have been incredible successful policies from the last century, namely the antitrust laws and pro-competitive regulation on the model of the telecom laws and some of the ftc regulations. we have a trilogy of cases in the tech space in particular. ibm, at&t, and microsoft, which were big section 2 cases, which were citriticized at the time o being certain to interfere with competition and hurt american companies at a time when japan seemed very threatening. in retrospect, when you look back at the effects of these big cases, they loosened up the tech markets. they helped contribute to an enormous boom in the tech and telecom markets that has lasted more than 30 years and has restored the united states to a place of global leadership in the tech market. so i think that that trilogy, and some of the most important pro-competitive regulation at the fcc and ftc, is the policy we need at this time and not a policy of trying to endorse or support national champions. if i have time in questions, i'll address some of the things said earlier, but i want to address one or two right now. in the testimony we heard earlier, efri think it's very notable that facebook had trouble naming competitors. they were repeatedly asked. they couldn't name any competitors. there's a very simple reason for that. they bought their competitors. they bought the most threatening companies to them. that is the reason it's so hard for them to name them. they could have said instagram and whatsapp, but they own them. facebook also said its intent when it bought these companies was perfectly benign. it saw them as promising companies, wanted to incubate them. i suggest that this subcommittee look into an email written by mark zuckerberg around the time of the instagram acquisition, where he stated, as has been reported in the press, that the purpose of this, and this is paraphrasing, was to eliminate a dangerous potential nascent competitor. you have subpoena power, if i'm not mistaken, and it might not be a bad idea to get your hands on that letter. i'll speak in my last 20 seconds about amazon and their testimony. amazon swore up and down there's nothing funny about their searches or algorithms, they would never favor their own products over another. i think there needs to be serious scrutiny of the amazon search engine. the ftc in 2001 issued a ruling suggesting -- or a letter saying that search should be what consumers expect. and i think we have underenforcement of the questions as to whether searches are deceptive. and i'm over my time but i will suggest that in each of these comments, there were statements that were really not reflective of the competition, conditions of competition in this country and the conditions of innovation. i'm so glad the subcommittee is taking the time to look at these issues. >> thank you, professor. i assure you the committee is not bound by the characterizations of the witnesses about the nature of the markets or the lack of competition. that's the purpose of the investigation. we'll take you up on your suggestions. next i recognize dr. fiona scott morton for five minutes. >> thank you. thank you, chairmanci ciecillin for the invitation to testify today. from an economist's perspective, there were a number of concerns that they failed to mention. digital platforms provide tremendous benefits yet also created problems such as insufficient competition. and that leads to too little innovation and entrepreneurship. i urge you as a committee to use this investigation to identify what types of antitrust enhancements and regulatory tools are needed to jump-start competition in this sector and protect it going forward to the benefit both of consumers and small businesses. as is detailed in the report that i submitted as my testimony, there are a number of characteristics of platforms that tend to drive them toward concentrated markets, very large economies of scale. consumers exacerbate this with their behavioral biases. what that does is it makes it very hard for small companies to grow and for new ones to get traction against a dominant plat for me. without the threat of entry from entrepreneurs and growth from existing competitors, the dominant plat for me doesn't have to compete as hard. if it's not competing as hard, there are several harms that follow from that. one is, many of these platforms are advertising supported. then consumers may think they're getting a good deal by paying a price of zero but the competitive price might well be negative, consumers might well be able to be paid for using these platforms in a competitive market. other harms include low quality in the form of less privacy, more advertising, and more exploitative content that consumers can't avoid because as tim just said, there isn't anywhere else to go. lastly, without competitive pressure, innovation is lessened and in particular it's channeled in the direction of dominant firm prefers rather than being creatively spread across directions drawn by entrants. this is what we learned from at&t and ibm and microsoft. when the dominant firm ceases to control innovation there's a flowering and it's very creative and market-driven. the solution to this problem of insufficient competition is complementary steps forward in both antitrust and regulation. antitrust must recalibrate the balance it strikes between the risk of overenforcement and underenforcement. the evidence now shows he's been underenforcing for years and consumers have been harmed. we have advances in both the theory and empirical tools that demonstrate how we can better identify those harms and measure them. digital platforms in particular do raise a number of practical enforcement challenges, for example measuring quality adjusted prices. that's hard. but congress could enable the agencies to bring these cases nonetheless by articulating through statute the risks that congress once courts to weigh and the evidence they should accept. for example, if a dominant platform wants to require a nascent entrant when there's uncertainty over how close a competitor that entrant is going to become in the future, how should courts treat that unserpenun serpe certainty? today that uncertainty defaults to, buy anybody small that you want. congress could change that to, you only get to buy the nascent entrant if the come to nats firm proves to the court that the acquisition will benefit consumers. and only in that case can the merger occur. so the defaults we use in court really matter. and congress can write laws that change those defaults. congress can bring it more in line by shifting burdens of proof to defendants in certain settings. that would likely increase accuracy because the dominant or acquiring firm has an understanding of the business model needed to assess the impact of conduct or merger. lastly, congress could give a regulator tools that allow it to move quickly, something litigation typically doesn't do. for example, a regulator could oversee a requirement that platforms don't harmfully discriminate between their own services and those of rivals. if an agency established a violation of the antitrust laws and determined that the best method of restoring competition was, for example, lander to interoperability between the dominant firm and small entrants, a regulator could oversee and monitor that interoperability and make sure it happened. others might be data sharing, or data porting from one service to another. a regulator could also establish baseline conditions for competition so that entrepreneurs can enter an open playing field. in conclusion, strengthening both antitrust enforcement and regulate over the of digital platforms is negative in my vce view so that it serves the american people. thank you. >> thank you, dr. scott morton. and now the chair recognizes ms. mitchell for five minutes. >> thank you, chairman cicilline and members of the committee. i really appreciate this opportunity to participate in this hearing and this historically important investigation. america's independent businesses are in trouble. they are declining rapidly across many sectors of the economy. and it's not because they can't compete. on the contrary, research shows that in many sectors they actually outperform their rivals on many measures including price. whether the evidence suggests that the problem can be traced to changes in policy, and particularly our antitrust enforcement that have allowed a few dominant corporations to consolidate markets and given them free rein to hobble their smaller competitors. this is magnified in our digital markets. a handful of dominant players now act as gatekeepers. amazon in particular. last year amazon captured about 1 of every $2 that americans spend online. the more consequential measure of its marketing power is half of all online

mitchell. it was announced today that andrea is going to receive a lifetime achievement award at this year's news and documentary emmy awards. in a statement, the academy president said, quote, andrea mitchell'sing career has earned the respect of journalists around the world who aspire to match her standard of excellence. she is an icon. congratulations, andrea. and that is going to do it for us here tonight. we'll be back tomorrow with more "meet the press" daily, and the beat with ari melber starts right now. good evening, ari. >> good evening, steve. we are live in washington tonight with a special show including a fact check on donald trump's failed fear play book. and later the new clues about bob mueller's upcoming testimony. but our top story begins with breaking news. >>> take a look at this visual. four members of congress, four american citizens, four duly elected members of the u.s. house of representatives. each elected in the wave of 2018, which was itself largely a rebuke to president trump and trumpism. you are looking at what we just saw, what just happened here in washington that is being seen around america. representatives ilhan omar, alexandria ocasio-cortez, ayanna press

mitchell. the chair: the gentleman from michigan is recognized for one minute. mr. mitchell: thank you, mr. speaker. thank you for yielding me time. it's been a pleasure to be on two committees that have historically been bipartisan. house armed services and transportation and infrastructure. as was indicated, historically this has been a bipartisan bill. last year it passed out of committee with one no vote. the senate achieved it, it passed the senate armed services committee unanimously, and it passed the senate 86-8. yet here we stand. because bipartisan is not simply counting percentages of amendments that were brought to the floor or passed. there are significant issues. significant issues that we are not dealing with in this bill. while we give people additional pay raises, a significant raise to military, we cut funding that impacts modernization, readiness and training and cuts military funding. $1.2 billion. further, the bill neglects to address something that's been bipartisanly supported for a long period of time, which is nuclear readiness. and here we take a hatchet to it as w