justice rehnquist and said, no fooling around. basically nobody knew. and the sweet thing about this is they ended up having a great friendship. yes, sandra turned them down. she strung him along for a little while but she did turn him down in a gentlemen. way. they both married the loves of their lives. they had a very quiet but real french up at the court. -- friendship at the court. justice rehnquist quietly lobbied the reagan administration or at least the attorney general to put her on the court. ani feel i need to give jay opportunity to respond if he wants to respond. how was it find out that your mom had a love letter from justice rehnquist? jay: i'm sure my dad knew morea bout the relationship. that wasn't something she would have hidden from my dad, but she never disclosed it to her three sons. evan, called up and said i found some interesting letters. so, we were definitely surprised. she had handle that very quietly. >> and jay, i think i want to stay with you. >> the think it was interesting to us is what we had seen

justice rehnquist: mr. stewart, in both the trial of samuel chase and the trial of andrew johnson there was a great deal of motion being made and demands made for continuance on the part of the defendants, and the senate insisted in both cases that they be brought to trial much more rapidly than would be conceivable in an ordinary criminal case. you know, they were given something like 10 days to prepare. is that something that would be reviewable as an incident of a trial if the claim were made that we simply did not have a fair opportunity to prepare? mr. stewart: no, sir, and in those instances as i recall the case was extended for a substantial period of time and there certainly was an opportunity to prepare, but no, i do not think that would be reviewable. justice rehnquist well, would : you say that if you're going to be divested of the office of associate justice or of president that 10 days was sufficient to prepare? mr. stewart no, i would not, an : interestingly, i think the framers imposing the t

the antithesis of the, other viewer out there right in this singular dissent, and chief justice rehnquist,, he was a singular, that must be somewhat the intention of being a consensus builder, can you think about that sir? >> i do because i'm not a consensus builder, i think there is a tension, however's i don't think that sandra, i don't think that justice o'connor's worried about being a trail blazer. i think she focused on just doing and for her's what was right she did not expect that others would not understand. so you read it in the book. by force and personality she faced people to leave her but she really worked on consensus in the sense of, this is the right thing to do. >> bringing people together sometimes doesn't accomplish what dissent can do. there wasn't a lone dissent and your letter, but the descent made a huge difference, so there's a role for that and for time to time she did not do that. that's what i'm asking, when do you decide that i'm going to get out there and maybe read my doesn't sunday in june. >> as you know, most of the time, decisions are announced but not s

[applause] >> as it turns out and he was the sole dissenter men justice rehnquist joined my opinion.ustice thomas was recused because his son attended there so that left scalia all alone. [laughter] and to know we felt about the caseth and then to say this is the ultimate draft of my dissent in the case i'm not ready to circulate it yet. but the clock is ticking and he wanted to give me as much time as i could to answer his rather strident defense. [laughter] and with that judicial conference of a georgia and it absolutely ruined my weekend. [laughter] but i was certainly glad to have the extra time. >> so when you get to the court justice o'connor was the first woman justice. she was there for quite a while byrs herself. and then you have to be the only one for a while also. she was a reagan appointee you were a clinton appointee. you are from new york city. so very quickly you established a bond. >> she was as close as i came to having a big sister but she gave me some advice, not too much she didn't want to give me excessive t information but just for the first few weeks. but then

ban on the use of funds, it went to the supreme court, and in an opinion by chief justice william rehnquist, he said there is no doubt the state could allow these funds to said there is no doubt the state could allow these funds to be used for students that would prepare them for the ministry. the question was whether it would the second case is more recent. men meet -- many of you'll remember in 2017, trinity lutheran the second case is more recent. men >>>> the montana supreme court struck down the whole program so nobody is getting the money anyway. down the whole program, so no one is getting the money anyway. the question when it comes to the supreme court, what are they going to do and how is it going to navigate between these two cases? trinity lutheran appeared to be a sort of compromise, minimalist gorsuch hadst as joined the court. last year, in a case challenging the presence of a piece cross on cross onnd -- peace public land outside of washington, d.c. was also a seven-to decision, and justice alito wrote in that case that taking the cross down would actually be an act of aggre

[laughter] >> justice rehnquist didn't join my opinion, but he did join the judgment. justice thomas was recused because his son attended vmi. >> he couldn't participate. >> so that left scalia all alone. [laughter] justice scalia knew i felt deeply about the case, as he did the other way, and he came to my chambers one day, took out a sheaf of papers and said, ruth, this is the penultimate draft of my dissent in the vmi case. i'm not yet ready to circulate to the court, but the clock was ticking, and he wanted to give me as much time as he could to answer husband rather strident dissent. [laughter] >> you were going to the second circuit meeting -- >> yes. i was going to the judicial conference in lake george. i was on the plane, opened up his dissent. it absolutely ruined my weekend -- [laughter] but i was certainly glad to have the extra time to respond. >> so talking about vmi reminds me that when you get to the court, justice o'connor, of course, was the first woman justice. she's there, she's been there for quite a while -- >> twelve years. >> -- by herself. and

justice rehnquist recused. the other three sat on the case. all three ruled against president nixon. that will happen here because the president has made ridiculous, absurd executive privilege claims and cried wolf too many times. and i can't imagine that this supreme court would countenance that kind of lawlessness from our chief executive. >> neal katyal, thank you. >> thank you. >> up next, our next guest will talk about just what it is that the president has unleashed overseas. >>> he is the founder of isis. >> you mentioned president obama being the founder of isis. what did you mean by that? and hillary clinton the co-founder. >> exactly that. he is the founder of isis. he's a founding father. >> so i said, the founder of isis. obviously, i was being sarcastic. then, then -- but not that sarcastic, to be honest with you. >> president trump frequently blamed president obama for the rise and formation of isis. nbc news now being told by an intel official in this country that this new turkish military campaign will serve to, quote, vastly i

. >> rehnquist was arrested they thought for a dwi, he took that many painkillers. >> we don't want totano. >> thank you. >> a terrific team you have. david: it is a terrific team. details on a tentative deal between the uaw and gm, next. drive safely.. . with drivewise. it lets you know when you go too fast... ...and brake too hard. with feedback to help you drive safer. giving you the power to actually lower your cost. unfortunately, it can't do anything about that. now that you know the truth... are you in good hands? ♪ most people think of verizon as a reliable phone company. (woman) but to businesses, we're a reliable partner. we're engineers. cloud architects. developers. (woman) data scientists. we keep companies ready for what's next. we do things like protect their data. (woman) with security built right into their business. we virtualize their operations with software-based network technologies. (man) even build ai into their customer experiences. (woman) we also keep them ready for the next big opportunity. like 5g. it's gonna make things just... incredible. almost all the f

last time there was one of these trials, i was working at the time for bill clinton, chief justice rehnquistk this very seriously, he had written a book about it, he had a fancy special chief justice robe on that literally came out of gilbert and sullivan. this is a real prerogative, a power, a responsibility of the chief justice. and mitch mcconnell can't treat this, you know, like an appropriations bill. >> thanks to you both to your analysis. >>> make sure that you listen to article 2 inside impeachment, a new nbc podcast hosted by steve kornacki every monday, wednesday and friday. he talks to nbc reporters on the impeachment inquiry and what it means for the 2020 election and the country. >>> next, justin trudeau barely won a second term. britain on the brink of bleof b and netanyahu can't form a majority government. what all it means for the three allie allies. allies across cars... trucks... and suvs. four years in a row. since more than 32,000 real people... just like me. and me. and me. took the survey that decided these awards. it was only right that you hear the good news from real

it's really up to each member of congress as justice rehnquist made clear when we went through the clinton how you come to the conclusion as to what is a high crime and misdemeanor. my opinion is it's a high threshold. you're removing somebody elected by the american people. i know a lot of people don't like donald trump being elected. but that's not impeachable. what's impeachable is something that transgresses on the office of the pi subpoena. >> i will note a high crime and misdemeanor they do not say in the constitution it has to be a violation of law. i don't want to get into a constitutional debate, but i want to read you something you wrote here. you said it will be welcomed if right now someone of stature would stand up and call the nation to a higher purpose. this wasn't explicitly about the current going on. but you would like to see someone stand up in the republican party and speak out. what do you want the republican response to be if you're not calling for impeachment, what should republicans be doing and saying about this? >> well, to reflect that article accurately, i said

successfully appointed conservatives to a court h considered tooiberal: sandra day o'connor, william rehnquistvated to chief justice, antonin scalia. and now, with the retirement of lewis powell, reagan could secure conservative control of the court. >> so this was an opportunity t really chae direction, not just for the next four years, but republicans were hoping fort the 0 years. >> narrator: reagan's attorneyma genera a phone call to capitol hill. he wanted to alert one powerfuln democraticor. s >> senator kennedy got a note that attorney general meese was calling for him. of thestepped o hearing into a phone booth and took the call. and, and meese told him that it was going to bbork. >> narrator: kennedy headed forn to the liberal senrom massachusetts, bork was a dire threat. >> everything that bork had written and stood for meant that the cie l rights and affirmative action push of the cheil rights movement was in danger. >> ...and the senator from massachuses is recognid... >> narrator: it had only been an hourince reagan's announcement.e kennedy let esident and bork know they were in f

justice rehnquist recused. the other three sat on the case. all three ruled against president nixon. that will happen here because the president has made ridiculous, absurd executive privilege claims and cried wolf too many times. and i can't imagine that this supreme court would countenance that kind of lawlessness from our chief executive. >> neal katyal, thank you. >> thank you. >> up next, our next guest will talk about just what it is that the president has unleashed overseas. s unleashed overseas can a banana peel fuel your flight. bp and fulcrum bioenergy think so. together we'll reduce emissions and landfill waste by turning garbage into jet fuel. at bp, we see possibilities everywhere. by turning garbage into jet fuel. i can'twhat? ve it. that our new house is haunted by casper the friendly ghost? hey jill! hey kurt! movies? i'll get snacks! no, i can't believe how easy it was to save hundreds of dollars on our car insurance with geico. i got snacks! ohhh, i got popcorn, i got caramel corn, i got kettle corn. am i chewing too loud? be

one of them, justice rehnquist, recused. the other three sat on the case. all three ruled against president nixon, and that will happen here because the president has made ridiculous, absurd executive privilege claims, and he's cried wolf too many times. and i can't imagine that this supreme court would countenance that kind of lawlessness from our chief executive. >> neal ckatyal. as always, a great pleasure to have you on our broadcast tonight. >> thank you. >>> coming up, our next guest, who oversaw syria policy in the last white house, will talk about just what it is the president has unleashed overseas. when you take align, you have the support of a probiotic and the gastroenterologists who developed it. align naturally helps to soothe your occasional digestive upsets, 24/7. so, where you go, the pro goes. go with align, the pros in digestive health. they have businesses to grow customers to care for lives to get home to they use stamps.com print discounted postage for any letter any package any time right from your computer all the amazing services of

manufacturing side is catching down with the rehnquist -- the rest of the world.ufacturing data shows weakness, suggesting this may not just the manufacturing slowdowns, but also impacting other parts of the economy. all, it highlights how dependent we still are on central banks to spur the global growth outlook. matt: what do you buy, what do you sell? you see a slowdown coming. trade is throwing a spanner in the works. where do you go? bonds and corporate bonds. that the here is slowdown is not bad enough to suggest risky assets will completely selloff. but it is also sufficiently entrenched to make sure they have no other option than to remain on an easing path. we call this sluggish but dovish and the underlying idea is that what you will end up with our conditions that might not want to take that money cannot meeting they issue fewer bonds, many there is a , oned or supply scarcity reason we are bullish on corporate bonds. nejra: what outperforms? viktor: investment grade outperforms in that scenario. , the economic deterioration is so entrenched that you wil

state that it was vastly overrepresented, and that was arizona, because there was chief justice rehnquist and justice o'connor. population of arizona is not -- >> until justice scalia passed away, there were four of you from the five boroughs of new york city. >> so, we were diverse. the only thing we were missing was staten island. >> i'm sure the president, if he had an opportunity, whoever the president was, would have been looking for someone 50 years old from harvard and staten island. >> there's quite a few of them, by the way. >> should that matter? there was a time earlier in our history when there were certain geographic areas were presumed it was a southern seat or something like that. should that matter? >> diversity of experience includes the way you grow up. by the way, you left out one werner. justice breyer grew up on the west coast of san francisco. >> and then he wound up at harvard. >> is that a special taint? >> well, you left. >> yes, and i have no harvard law school degree. >> i'm going to ask a question -- justice o'connor was a trailblazer. people knew who she was.

made their way out the center aisle here and over to the united states senate where chief justice rehnquist presided over a trial, in the united states senate. the question was, was president clinton guilty of the charges brought against him here, right here, in the house of representatives, and if he was guilty, did those violations that he was found guilty of rise to the level that he should be removed from office and put al gore in as president of the united states. that was the question before the united states senate. it was profound. it broke my heart to see how this country was torn apart over the disrespect in the oval office, the disrespect for the united states, the disrespect for the constitution and the decorum of the presidency. i had a difficult time maintaining my composure when i went back to iowa to talk about what i had seen. i recall going out to arlington during that time, arlington cemetery, and making my way up the hill, walking around over to the eternal flame at the grave of president john f. kennedy and very close to him, now, of course is the grave of bobby kennedy

in an opinion by chief justice william rehnquist, the court said there is no doubt the state could allow these funds to be used for programs that prepare students for the ministry. the question is whether or not it would violate the free exercise clause if the state said it cannot be used for these programs. the answer at that time the supreme court said is, no. the state is simply chosen not to fund religious instruction. the second case is much more recent. called 2017 a case trinity lutheran versus,, the 7-2,me court by a vote of agreed that missouri's policy of excluding churches from a program that provided a grant to resurface playgrounds violates the constitution's free exercise clause. was 7-2 with justices sotomayor and ginsberg dissenting. the supreme court drops a footnote that gorsuch and thomas declined to join. the court is not weighing in on religious uses of funding or other forms of discrimination. the state's argument in the supreme court and the montana case is that the supreme court that statesar cannot choose to fund lid is groups. this -- the montana supreme court s

challenged the ban on the use of funds and went to the supreme court and by a request of chief justice rehnquist, the court said no doubt that the state could allow these funds to be used for programs that would prepare students for the ministry, and the question is whether or not it would violate the free exercise clause if the state said it cannot be used for these kinds of programs. the answer at that time, the supreme court said is no. and the state assembly has chosen not the fund religious instruction in the first place of 2004 and the next case is much more recent in 2017 in a case called trinity lutheran versus comber, and the supreme court of a vote of 7-2 agreed that missouri's policy of excluding churches from a progr program that provided grants for resurfacing playgrounds violated the clause. the vote was 7-2, and justices sew ta -- sew justice sew totom ginsburg did go against. and they said that other groups can be funded without violating the constitution, and by the way, the montana supreme court struck down the whole program, and so now nobody is getting the money anyway. so th

even though chief justice rehnquist and sandra day o'connor were conservative justices, they were stillt about the gentlemen who are surrounding us. these are the first set of chief justices of the supreme court. john marshall is the fourth chief justice. and what he said was that this constitution is the highest law of the land. the 14th amendment has a clause that you all should know about. it says, "and nor shall any state deny to any person the equal protection of the laws." so if congress passes a law or the president issues an executive order that is in conflict with the constitution, the constitution must prevail. ♪ >> vmi was a 150-year-old all-male military college. it had a tremendous endowment, well-connected alumni, four-star generals. when you came out of vmi, that was something. >> the virginia military institute was the last all-male state-supported school in the country. 157 years of school tradition as an all-male military academy. >> boys can be troublesome, full of hormones and so forth. i don't mean to make general gender characteristics or generalizations here, but

his predecessor, rehnquist, in the clinton impeachment, he had a special robe. >> dressed for the part>> literally came from a production of gilbert and sullivan, it's actually true. they take this very seriously and they're going to sooner or later have to put themselves on the record on this. >> basil let me ask you about where we are. we had this smoking gun testimony from bill taylor, things seem to have accelerated, there is talk when this might take place, around thanksgiving or after. your sense of that. we will talk to harry litman in the next hour about what the articles of impeachment might look like, give us your sense of the timetable. >> i think that timetable is right, do it well before we get deeper into the holidays, again, do it while the public is focused on it, the support for it is high, and i think, again, with the flurry of the subpoenas get out as much information as you possibly could. i do think all that has to happen within the next month. >> thank you all for being here. i appreciate it, on this saturday. "up" with me tomorrow, hays brown, phillip bump and ja