in the state. and whether it was joining in with my democratic colleagues in the case against the united states postal service to insure that during the course of a global pandemic that people had the ability to even vote by mail -- which, by the way, in michigan is a constitutional right. but as we know, the postmaster general did everything in his power to make sure that those ballots would never be received in time to be able to be counted. you had things like that before the election, when you had things like the effort by the texas a.g., ken paxton, and 17 of his republican colleagues trying to decertify the election in four states. 5.5 million voters in my state that would have been disenfranchised had that occurred. or whether you had the king case filed by the likes of sid think powell -- sidney powell and lynn wood and others to try to decertify the election which we were able to defeat and in doing so, actually have those attorneys sanctioned. and let me say proudly that on november 4th o

some states did that each state was declaring independence in a corporate fashion. and that each state had to separately deal with it. so the question is who is independent? who isn't? and if it is the united states, is the united states a singular noun or is it a plural noun? and that is a an issue that continues beyond the constitution. but it is an issue of where does sovereignty lie if it no longer lies with the king? >> lucas, you've written so powerfully about lincoln and the founders. and lincoln quoted james wilson for the proposition that succession was unconstitutional. because we the people of the united states as a whole, having made the union, need the consent of we the people as a whole to alter it. is it fair to say that wilson deserves credit for redefining sovereignty and placing it in we the people of the united states? and how would you rate his contribution to american constitutional history? >> well i agree that james wilson was the legal mind at the constitutional convention. there is no doubt about it. and his lectures are are still that to th

they enforce state law.lley versus kramer being the most prominent landmark example of that. can you fill in the gaps there and explained to me how we should think about that language and light of how we conceptualize state court enforcement of private civil suits now? >> yes your honor. i think the most straight forward ways to apply ex parte young is to apply relief on ex parte young that was up the commencement of the suits and not create any of the problems raised in ex parte young about stopping the adjudication for a quick sorry to interrupt i think justice thomas' question wasn't getting at, take the point to distinguish the judges from the clerks. are they in that language are you saying we should not do that and i just want to hear your answer why should we do that? >> that's right i don't think so that language i think that language supports relief against the clerks versus whether courts should restrain there are instances of the court has recognized where it relief against eight judges and congre

. >> you miss the states and the states create this. it is the people the whole country. >> in some way it more or less with the league of friendship which is the treaty as gordon calls it in the articles of confederation created the league of friendship here were 13 sovereign states and legs together. but if you go back to the document i keep hammering on the letter of the states washington says we need a central government that is the final say in everything that is common to all of us. common to all the states which wouldn't be slavery or education. you can think of things that it wouldn't be. it wouldn't be international and interstate commerce he makes that clear. he also says in the circular letters this is indivisible. once you join you can't get out. he said that the circular letter of 1783. we need a central government, one sure and it's a one-way ranch it. by saying that commerce and many people argue it wasn't just taxation. the certainly everybody would agree even the antifederalists would agree they needed more power to imp

charles the united states. and we called out, ah, she ging pings china as being a primary focus there. and i think, you know, i'd like to push back a little bit on this concept of the united states lecturing. china. ok if you go to practically any corner of the world today, whether it's with in europe or china's neighbors in east asia, there has been a confluence, all interests, an alignment with international norms, democratic values and the like that's been pushing back on what has been an assertive and even an aggressive chinese foreign policy that is used for instance, economic coersion against countries such as australia and south korea. we last of lears lithuania, most recently. and job, as i somewhat ironic chinese lane about the united states lecturing when chinese diplomacy or a quote has brought a new york term to our lexicon that a weird overseas i would push back on that a little. and with respect to the actual meeting yesterday. and the fact that it was a virtual meeting again, i think that's a pos

the state of texas is not. >> counsel, the state is an idealized entity. the whole fiction of ex parte young had to be created because a state can't -- it can only designate people to act for it. and so if the state is designating whether it's ordinary citizens or the attorney general, district attorneys, if it is designating those people to act for it, why are those people bound by any judgment that says state, , what you're doing is unconstitutional? >> they -- >> they are no agent of yours. can enforce this law. whether it's ordinary citizens, the attorney general, state licensing officials, clerks of court or as shelley recognized the court system that would enforce a restrictive covenant demanding segregation. why aren't we in exactly that same position? >> they would be bound if they could satisfy the test of rule 65 which says they have to be acting in active concert. >> why? each of them is acting under the directives of the state law so why aren't they acting like the state? >> i respectfully disagree with that characterization. >> i know you disa

i'm proud to be the governor of the freest state in these united states, the state of florida.the last year and a half in florida, we said very clearly we don't lock people down, we lift people up. we will protect people's right to work. we'll protect businesses' right to operate. and we will make sure that every child in florida has a right to be in school in person. we have done that. and the result is florida is booming like never before. we reject a facian dystopia in which people's freedoms are curtailed and their lives are destroyed from bureaucratic edicts by people like fauci who do not care about your hopes, dreams and aspirations. we have the lowest tax burden in the united states of america per capita. [applause] and we spend very wisely, the state that's closest to us in population is the state of new york. florida has about three million more people than new york does. and yet new york's budget is over twice the size of the state of florida's budget. do they have better infrastructure? better roads? no. not better education. florida k-12, latest achievement ranking

state. to the notion that you wouldn't consider that in the process but use some type of computer that would ignore that strikes me as brain dead. maya: professor wice, we had a question about your comment about racial majorities and minorities. this person says the projections show the white population will become less than 50% of the population in the next one to two decades. so if the majority is the minority and the minority is the majority, how do you guard districts in -- and deal with population changes? prof. wice: we are looking at macronumbers, that the white population is shrinking, writ large, across the whole united states. but districting is doing on a local basis. you have to look at the numbers on the ground where you are. you also have situations where, this is something i've seen in new york city years back, that you might have a minority white population in an area, majority black or hispanic population, but the white voters, who might be older, turn out in numbers a lot g

you just invoked the states secret privilege where you send a notice to say we intend to invoke the state secrets privilege and now we invoke the states secret privilege, make sense? >> in this case it doesn't and served the useful function and they served a motion and we said as a preliminary matter before even briefing it, we tried to make some of these totten versus reynolds kinds of arguments to the district court and we said don't even look at the information, first decide as a threshold matter whether or not the state secrets doctrine can apply here and may be a necessary evil you'll have to ask look at ex parte information and if you avoid that would be better and is unconstitutional. we lost obviously that argument. but i think it served a very important function here. and yeah, i do thinking it's important for that reason. justice alito: one other question, under 1806 do you think that the judge must be able to look at all the evidence to the extent it's necessary to decide whether the surveillance was lawful? >> its applications orders and such other materials as are necessary t

to most popular states.of experience lockdown associated with it and they're finally opening up to the road as well as to each other. and then there's other states, including my own in western australia which have not experienced covid—19 and there's some apprehension and some of the states to open up to other places and don't have any internal restrictions and they can do as they like, they are lockdown free and so, they are very nervous. the consequence of that has largely said that the covid—19 settings, domestically, rather than the national government and there is very different approaches. we found many leaders a couple months ago and they have interpreted it very differently. yet these very strange situations where you can travel overseas to new south wales, but you cannot travel to queensland despite the fact that most people live on the board and it's between new south wales and queensland. we are very big country and don't have many people living in the middle. so, the distances between some of our

he just invokes the state secret privilege.we have to send a notice that say we intend to invoke statee secrets privilege. does that make any sense? >> i think it does in this case they filed the notice of motion and we said as a preliminary matter we tried to make some of these arguments to the district court and we said don't even look at the information. first decide if the threshold matters whether or not the andoctoring can apply here and u have to look at the experts say information but if you can avoid doing that would bett better. we lost obviously in that argument but i think it served a very important function or and i do think it's important for that reason.i >> one of the question under 1806 d think the judge must be able to look at all the evidence to the extent necessary to decide whether the surveillance was lawful? >> applications orders and such other materials are necessary to determine, i don't know what the scope of such other material is. the court of appeals predicted that the scope of evidence that would

he grants that in order to show that they would lead in the compact states on a state-by-state level still didn't have the right to secede . the american people as lincoln understood were the , the true fountain of authority and true sovereignty lies with the people not with anygovernment . the government is as it were borrowed powers. they are delegated authority whether it's the state or the federal level. lincoln was trying to reinforce the condition among american people that they are the true masters of their government and not the other way around. he saw secession as anarchy and he meant it. you cannot participate in an election and then say that either we will in all advanced the reliability of the public depends on good winners and good losers. all the democrats or those who voted for democrats needed to be good losers in 1816 and of course secession was exhibit a in terms of resistance and not my president and all that. my sense of lincoln's understanding and drawing from the founders the legacy of the founders, his is an understanding that true sovereignty lies with the pe

at first, they were going to be separate sovereign, each state, massachusetts sovereign state, it wasn't yet federalized so they had massachusetts, a trough across the continent to the pacific ending up on the pacific, each state with its own territory that it would capture. of course the spanish were holding all of that territory west of mississippi at that time so that wouldpi be the first thg to get rid of the spanish and go into northwest, not the pacific, itot referred to the first think they plan to conquer which was the ohio valley and i think this was the main reason for independence, the british proclamation of 1863 that forbade the british settlers from going over to appalachia and the ohio valley, they were already going in, daniel boone and others squatting on native people's land but also even george washington, he made his fortune, he was going in with his militia, as a child, i always wondered why this man in fancy dress, the plantation was a surveyor, i had a cousin who was a surveyor and he was going around in the mud, i couldn't put it together but of course he didn't t

we would say you could find a lot of state laws and state court decisions from the 19th century. that shows that's what that was understood to mean at the time. i think heller was receptive through the 20th century and rightly so. i think it's not unusual to look at the traditions to understand the meaning of the constitutional rights. that is especially appropriate for a couple of reasons. one i think everyone agrees that amendment is the right that is subject to some reasonable regulations and deciding what is reasonable the fact that they've been prevalent throughout history is a good sign that they are and especially so because of the point this court made in mcdonald that throughout the nation's history it's recognized and codified in state constitution as well as not something people were aware of and so the fact that this type of regulation coexisted for so long is a particularly strong indication. >> i will stop after this. heller cited decisions going into the 19th century as confirmation for what it had already concluded based on text and history at or before the time o

not a state secret. >> we're not looking for the united states' official acknowledgement. what we look to gain is placing the torture in a particular time frame which the polish prosecutor has associated with abu zubaydah's presence. >> i guess i'm having trouble following exactly what it is you're looking for. and i don't think you're grappling with the point that justice barrett just raised, which is, everybody may know about this, you know, as you put it, it's not secret at all. but you don't have united states government acknowledging that. and the united states government says this is critically important because our friends, allies, intelligence sources around the world, have to believe that we keep our word and our word was this is secret. and so they may be -- the cia director may be the last person in the world to have said this is where the site is, but that's what's important. what the united states has revealed, not what you find. you say you're not going to ask anything about poland. well then, why do you need the director of the cia and the united states gove

the size of the state department. the state department and diplomacy are essentially the relationship building part of how we deal with other nations. military represents hopefully a deterrent, but if necessary a coercive force. you want that to be your last option. unfortunately, we have it always prioritized, or built up, the infrastructure for diplomacy that were allowed -- that would allow us to reduce tensions and build alliances around the world to make sure we are in the strongest position in terms of allies and support. it is interesting you mentioned the number of diplomats china has committed they are -- there is right now an imbalance between the u.s. military positions around the world. china only has one military base outside of mainline -- mainland china, that's in djibouti. they are trying to get to other continents around the world, but the u.s. is far ahead of china in that respect. still, they have done a lot of work under their belt and wrote initiative to expand their alliances around the world. wh

we are working tirelessly to get people out of state to coordinate their care out of state but it isightmare. sba has ripple effect across the country. can you give us a brief overview someone in florida especially someone who's struggling to make ends meet to seek an abortion and the remains in effect, what does this mean for floridians and people at other states seeking abortions? crooks abortion restrictions in florida look like people like me on a saturday morning sitting in my client's car babysitting her child. because she did not feel -- she did not have access to childcare she was working to try to support her family. it is interesting hearing the committee talk about people's lives like they are so frivolous. abortion restrictions impact -- impact people who are lied to by antiabortion pregnancy centers about the gestational age abortion patients and clinics and providers are moving targets for harassment clinics are targeted by the state and forced to endure unnecessary regulatory restrictions and having an abortion. thank you. >> thank you. professor bridges their false cl

of indiana, ambassador, is the most manufacturing-intensive state in the united states.nd our businesses rely on a diversified supply chain and market access. over the years, china has used localization requirements, intellectual property theft, enforced transfer of data, to hamstring our enterprises that are depend on technology. i firmly believe the united states should advocate for integrity in digital trade provisions of our trade agreements. this includes holding bad actors accountable, especially communist china. i'm currently working on a resolution to solidify the u.s. commitment to high standard digital trade principles. if confirmed, how will you address continued action by china that purposefully causes harm to american businesses, knowing that you'll need to coordinate with ambassador tie on this? >> senator, thank you. and in my opening statement i focused on this issue of trade because of the enormous damage to your state and every other state, to our workers and to our businesses. this is a high priority for the biden administration and obviously if confir

states. that's much less true today. so i think that the gubernatorial elections in virginia and new jersey were in the state legislative elections were a pretty good indication that democrats are marginally weaker nationally than they were 12 months ago. they tend to corroborate and go in roughly in tandem with the decline in president pied's job performance rating and with the results that we have seen in two recent polls forgenic vote for house of representatives, seven and eight-point advantages for republicans. i don't remember ever seeing polls showing the republicans that far ahead in that question which has tended to favor democrats that they may be outliers and we'll see if later that's the case. that leaves most of our 34 senate races not seriously contested. basically of our 34 senate races, 14 are in states that donald trump carried by double digit margins, 10 are in states in which joe biden carried by double digit par gins. i basically think that there is no sign that any of tho

them as acting in concert with the state to enforce a state-preferred policy? mr. stone: two points, your honor. first, every tort action undoubtedly advances a state preferred policy. the reason why they're not acting in concert with or cannot be called agents -- justice thomas: well, but usually, when you think of traditional torts, there is a duty, there's an injury to the individual. it's a private matter. there is no requirement here that there be an injury to the plaintiff. mr. stone: your honor, the texas supreme court has followed article iii requirements in -- in terms of injury in fact that doesn't need to appear on the face of the statute. justice thomas: so what would that injury be in this -- under s.b. 8 if it's an injury in fact? mr. stone: one example could be akin to the injury suffered in the tort of outrage, where an individual becomes aware of a non-compliant abortion and they suffer the sort of same extreme emotional harm. that would ground an article iii injury for purposes of texas law that would be sufficient to satisfy the texas article

, state, another state. kretzer: justice kavanaugh, i think i'd have to very respectfully disagree with the premise of that last part of the question, which is that a non-tdcj employee chaplain necessarily carries with him some appreciable additional level of risk. i can say i attach -- justice kavanaugh: okay. can i stop you right there? i don't see how you can say that. there's another human being, to go back to judge higginbotham, in the execution room in about the most fraught situation anyone could imagine, especially if the person is, by definition, close to the inmate, spiritually, friends, and they're about to die and be put to death. and the idea that we can predict how another human being will react in that situation and be sure, as you're saying, that the person is not going to react in a way that they would never react in any other situation, i just don't -- i don't know. you might be right and -- and we'll see, i guess, if -- if you prevail here, how this plays out. but it's not my decision, and

state secret ground. can you imagine a situation in which that denial shouldn't be enough for purposes of the ceding of 1782? >> it is very hard for me to imagine justice sotomayor and respondents certainly haven't responded to one and i agree with your characterization of the relationship between the two issues, that they are closely related and in some way the 1782 issue is -- >> it seems to me your cos of code words i -- your use of code words is i think a little, doesn't quite answer the question, and that suggests that there really are going to be talking about poland, just not going to say poland. but it seems to me there may be a lot they can talk about that has nothing to do with the actual location at which events occurred. why shouldn't the district court go through the testimony and say anything that looks like location, you can't get into, but what did you do with the petitioner? what was your relationship with other people? nothing about poland. why can't that be a way to proceed? >> mr. chie

detained a tank or something that the united states denies. a just underscore is not only how fragile things are in terms of the stability and security in the region, but just how each side is lining up with the narrative heading into these talk. so again, the united states very clear in its message that any sort of provocation on the part of iran or others certainly is not going to produce the desired effect when it comes to bearing fruit out of these negotiations at the end of the month. okay, kimberly whole could 3rd bringing up sustains from washington. d. c. kimberly, thank you. well, iran wants us sanctions lifted in return for compliance with the agreements. the original agreement assigned to 2015 and was designed to limit to her on the nuclear ambitions in exchange for sanctions for these but in may 2018 then president donald trump withdrew the u. s. and began re imposing sanctions in november last year. the i. e abel postage around stock, pile of enriched uranium, had reached 12 times the permission levels. and a pool in direct talks

since today's hearing is also about the state of the state department, we must address the state's role on the hazardous role of the withdrawal of afghanistan. despite efforts to put afghanistan in the rearview mirror, it remains a pressing national security concern for the senate and for the american people. it's been over a month since secretary blinken appeared before this committee and we have yet to receive the secretary's responses to our questions for the record that were propounded at that time. this is an unacceptable delay and we expect better responsiveness from the department, which they have always promised, but never executed on. on the issue of continued evacuations. in september, secretary blinken assured us there were just 100 americans remaining in afghanistan that wish to depart. 100. just last week, however, the team responsible for continued evacuations of americans told us that they were working on over 170 americans who wish to depart more than 360 americans who remain there. i ask to enter into the data aggregate data my staff collected about the botched evacuati

or how is the state action when the state primary actors exclude people from primaries?t state action even though they were given the authority to act with no control with what they will do. so we have recognized that washing her hands does not insulate a state. >> or insulate people from acting on behalf of the state. >> the prosecutor in your hypothetical is part of the state government. the primary example is a more difficult question because they would formally establish as a private entity. >> are you suggesting states can hire agents to undo a constitutional act? >> no. >> and howat does a state designate a private individual to act under its laws to violate the person's constitutional rate —- right? but you under this law or our law youaw can act. >> my time is long expired may i continue to answer? >> yes. >> if there was an agency relationship then they would be bound by the injunction of the principles of rule 65 if there is no agency relationship it is statutorily for bed and and that was given to private citizens the state cannot have any involvement there ca

who stood in his way and he's going methodically state by state. who the republicans the rhinos in his words who stopped him from stealing the election, he's trying to get them removed. >> what scares me is that the secretary of state roles because those are extremely powerful in terms of dealing with elections. >> the focus for our office. >> in georgia the secretary of state that refused to quote find the votes trump needed to win georgia is facing a challenge from republican congressman jody heist. heist has been all in on trump's election lie and endorsed by donald trump. in arizona, a state representative named mark finchim wants the job. >> arizona state representative mark is with us tonight and what a job he's done. mark. >> he's already received the endorsement of donald trump. he has said over and over again that this was a fraudulent election. he's called for decertification. he's got a descent chance to win this primary. if we have people like that in these key positions moving forward, i think we are in danger. >> eight of the ten hous

in other words, the states would have to ask the federal government can we pass laws in our state, and it would be up to the biden justice department and merrick garland to say yes or no. now, back in 1965, the original voting rights act did have a preclearance requirement, but it's clear that, according to the supreme court, that was only justified based on a history of past discrimination. whichwhich has now been essentiy eradicated if you believe the numbers of minority voters who are casting their ballot now. so think about the children's game, mother may i. all the kids line up on one side of the room except one who stands on the other side and acts as the mother. before anyone can move forward, they have to ask mother may i. sometimes the mother says yes, you may. sometimes she says no, you may not. sometimes she even orders the children to take a step backwards. that's essentially what democrats are proposing in this legislation, to make the biden justice department the mother and the states have to ask mother may i before we can even -- they can even fulfill their constitutiona

you've been state assembly, mayor, senator, governor. how about president of the united states?ould be in. get some folks there to be in. why not. we need good solid leadership like pete wilson offered the state of california for many years. we need that for our country. so pete, give it a thought. give it a go. have a great evening. >> honoring pete wilson with the champion of the american dream award. pete was a strong governor of california and a fine united states senator. pete is an exemplary citizen of the united states, fine public servant and a friend. laura and i send our very best wishes to everyone involved with the nixon foundation, and god bless. >> good evening. i'm janice rogers brown, another of the governor's legal affairs secretaries. [applause] it is interesting to think that the golden state really did have a golden age, but maybe it was a golden hour, but have any of you noticed that the state began its decline into the [inaudible] just when pete wilson stopped being actively involved in its politics? i'm just saying. [laughter] pete wilson never had the usu

states?ibility of external actors interfering and exploiting it and using it for more propaganda to sow more discord, turning it back again on the united states. the other point is that it really undermines our capacity for collective action. i am speaking out because i hope i'll get the attention of people on capitol hill who have a choice to make about how far down the this path of party infighting, or whether they can step up to the plate and try to figure out ways in which we can unify ourselves again. we just had the g20 meeting, cop26, this important climate summit in glasgow and everyone is looking to the united states to lead. our internal discord, our inability to actually pass legislation or to even speak to each other in civil terms also undermines our capacity for taking action on major existential issues that affect everybody. and before we end, fiona, we do not have a lot of time, but i want to tap into your expertise as a continued close observer of geopolitics. the biden admin

a small state. and we collaborated together. in fact, we did things that were never done before. we worked together having joint prosecutions. and so it's distressing to see what's going on in the country. but you and i can demonstrate, you know, to large numbers of people in the public that it can be different and to encourage young people to enter politics. not to be discouraged by it. there's a lot that can cause somebody to say, gee, i don't want to go near that stuff. >> right. >> so obviously it's bad. there's gridlock in washington and things don't get done. one of the exciting things for me in being attorney general was the fact that you could actually do things that were important to people, you know? you didn't have to rely upon a congress to pass a law. you can bring a lawsuit that could return millions of dollars to consumers. you can bring a lawsuit that could cleanup the environment. you could bring a lawsuit that protected womens reproductive freeds. you had the power to decide when t

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that means a d-10 state became an r-plus 2 state which means there are districts across the country that are represented right now by democrats and at least d-5 -- >> you can continue to watch this on our website c-span.org. or on the c-span now video app. right now we take you live to the house of representatives as part of our more than 40-year commitment to live coverage of congress. today, the house is working on bills to support protesters in cuba and workplace age discrimination. this is live coverage on c-span. e united states diplomatic tools toward the realization of free, fair and transparent elections in nicaragua and to reaffirm the commit thoasm united states to protect the fundamental freedoms and human rights of the people of nicaragua and for other purposes. thea

of the state attorney general. letitia james moderated this 55 minute conversation. [applause] >> good evening, everyone. thank you all for coming. i have the honor and privilege of being with my mentor rob abrams, who has taught me so much and inspired me. this book, hope all of you read the forward -- [laughter] >> outstanding. >> it was my honor and privilege to write the forward. it is an inspiring book, encouraging book, a book which underscores your values. we find ourselves in a very dark moment in history in our country. my first question to you, mr. abrams, what do you think about what is happening in our country, how divisive we are, the rhetoric? what are your thoughts? >> well, it is distressing. obviously, also spilled over into politics or maybe it has emanated from political leaders. but i think it is incumbent upon people like you and i to dissipate that and to say there is an alternative. your career, my career, our values are those of inclusiveness, reaching out. i was going to ask you, when i was

[inaudible] the state and the city the state of emergency in the city. >> we really want to get that vaccine approved for them right, dr. baba. do you have someone under 12 at home? you're asking for others. >> for others. >> i'm still going to get asked by potential students what's step one and step two how to go about. >> i hope you'll correct me if i'm wrong. we have things set up all across the city. we'll do that annually and run that against our add missions records. one of those schools have their tuition covered for eight consecutive terms. >> do you mean physical or online? >> the physical site. we're going to send them out. >> thank you. >> placed across the city. >> i'm from the san francisco examiner. we know people from all walks of life and also the age group between 25 to 34 is really the lowest vaccinated age group right now. so can you talk about why this is specifically for the age group that it was and kind of what your thoughts are with kind of getting that younger adult age group vaccinated too. >> we're focused on this group because they are so far our largest i

should have a state. like the oslo process, because the oslo process was kissingerian in its design. it introduced kissinger's notions of a step by step incremental process, oslo had three phases of israeli withdrawal with no endgame, no sacred time, no reference to palestinian state, jerusalem or refugees. that was exactly what kissinger had in mind in the peace process. you just two steps of territorial withdrawal, build confidence, exhaust the powers until eventually, palestinians would accept israel and then israel could talk about giving up most of the 1967 territory it occupied step that was oslo and that was kissinger. he was very pleased that oslo adopted that approach. he supported that very strongly. when rabin was assassinated, we went to camp david and abandoned oslo and as a consequence, we blew up the process. now kissinger says palestinians should have attributes of sovereignty, should be a state in the making with its institutions being built and regaining control of the territory and attr

sue a state actor.ying why can't we move the bar a little bit here to adjust for -- but i think all the justices or particularly the ones that are more critical of the law are acknowledging an attempt to manipulate and end run around the rule of law, around the ability to challenge laws as unconstitutional. and we're going into now the second part of the case involving the department of justices' similar lawsuit to enjoin this law. and the argument is basically this is an attempt to violate federal law. it's about really an argument between the states and the federal government. that is are the states going to comply with the constitution itself? and i think that's where justice kavanaugh knowing him for many years and having worked with him, i think that's something he is very concerned about in terms of the legitimacy of each branch of government. i can't speak for amy coney barrett except i agree. it looks like she is not has az she said in a recent speech, going to make knee jerk decisions based on

state and federal governments.nd settlements are in the best interest of those governments because a trial could result in even greater liability than a settlement could. am i correct in that view? >> you are, senator. and i think the american public was united in its condemnation of the family separation policy of the prior administration, and it is that that will constitute a jury in any trial. >> thank you. senator cruz. >> thank you, mr. chairman. secretary mayorkas, you told senator graham that you have released somewhere between 500,000 and 700,000 illegal aliens. you told me you don't know how many of those had covid. you told me further you don't know how many of those were sexually assaulted by the human traffickers who brought them in. when you were talking with chairman durbin, you talked about catch and release. and chairman durbin asked you whether illegal immigrants who were released under catch and release and given a court date in the future, whether they show up. you responded, quote, the great maj

state of minnesota. senator klobuchar knows the story well. state of idaho. we're seeing violence at school board meetings at unprecedented number. i don't believe and you don't believe we should infringe on free speech but free speech does not involve threat zps violence, period. and we all to have protections against it. i want to close with an issue i said to you personally. i'm honored to represent the city which you grew up in and which i now visit with great frequency, obviously. and that's the city of chicago. the gun violence situation there is intolerable. intolerable. and we're not the only city in america by any means facing this. we need your assurance that there is a concerted determined effort to deal with gun violence at the federal level coordinating our effort with the state and local officials with that in mind i hope we can reach some agreement to do so very quickly and let me hand it off now to the ranking member senator grassley. >> thank you chairman durbin. we write letters seeking answers and records from the department and its compone

i am hearing deep satisfaction with the united states -- that the united states is back and reengagedi am also hearing deep concern about some of the actions for government has taken. >> china, as it has in the past and from now on, will never accept the u.s.' winning this criticisms. must a to the u.s. drops its frequent hegemonic actions of interfering with chinese internal affairs. >> i want to ask victor about this because we had strong words from the u.s., but also strong words from china. that is unusual. i have heard under president xi, there is assessment of that policy being described as aggressive diplomacy. china was no longer going to take criticism, but essentially take the fight to those who are opposed to it. now we are seeing a change. it is a suggestion that china has become concerned that that policy has overreached the mark and brought it closer to risky confrontation with the u.s. and others, and that perhaps is why we are seeing the styling back of rhetoric? >> -- took place very special circumstances. it was very cold. and then the -- on the chinese side and thei

and place them in other states and basically re-run an election in each of those states. >> new details on the lengths the trump team went to pressuring the pentagon to steal the election for him. and pushing bonkers theories about the head of the cia and a server in germany? >> it is so myth related to this, but i do not know where the good guys caught it or the bad guys got it. >> and democrats move to censure republican paul gosar for his threatening anime video, as republicans try to kick moderates to the curb. plus, we >> are running for governor and i want to tell you why. >> but -- takes on greg abbott in texas, he'll join me live tonight. and we have an exclusive interview with nikole hannah-jones on her private groundbreaking -- project book. when all in starts right now. good evening from new york i'm chris hayes. i'm gonna sketch out for you tonight a conspiracy theory that was apparently floating around the former president the united states, and the upper echelons of power in this country. in the aftermath of the 2020 election. now, i gotta say, it's a conspiracy so outland

but it's not in other states it is. some of them are saying what certain people are saying just what the states to slide. i would like them to announce that they think it should be a right in the states that want to make it a write about for me the new position of the republican party is that we should have a blanket ban on abortion across the land and it is murder everywhere and that is the logic of the moral and constitutional position that they have adapted today. >> .. >> it is the heartbeat because my colleagues on the other side of the aisle do not want to start with the concept of the heartbeat. and that is what this law is titled, that is what drove and motivated people texas was to protect the life when there was a heart beat was able to be identified. everyone at this room has a heartbeat and every one of us knows the tie of heartbeat to life. that is what is that the whole center of this whole conversation but my colleagues are those who started it wasn't from maryland with a collected, the what it means in t

you have to sue the state official. there is no texas state official to be sued.e is the right defendant here. >> interesting. >> and if that suit doesn't work there's a separate suit where the united states is suing texas directly and complications if the united states is allowed to do that but the u.s. is allowed to sue a state directly in a way that private parties are not. >> interesting. let's zero in on the three justices for a moment. what challenges are they facing? could one be a swing vote in this particular case do you think? >> we saw roberts already once join with the liberal justices with regard to texas on the losing side so roberts raised questions about basically what's at irs issue here. gun groups are upset and voting rights groups. if vigilants try to stop people from voting is problematic. we see that roberts. konecny-barrett is somebody who has very much been on the pro life side and i think she is seen as an anti-abortion justice and likely to side with alito on the court and swing voter is kavanaugh. for those that want to see the law struc

some states appoint the secretary of state. when they do, that is usually a democrat governor appointing a democrat secretary or a republican governor appointing a republican secretary of state. you really cannot take the politics out of it. we are not running the election. we oversee the election. we received of results from the counties. we cannot change those results. we investigate and make sure we have honest elections. the secretary of state's office is not trying to overturn the will of the people. host: next, james on the independent line. caller: greetings, good morning. regarding mr. reynolds at the georgia bureau of investigation recently dismissing the data presentation, i find this alarming. if you are an engineer and say that data speaks strongly, the synchronization of surveillance video and the pings off the cell phone data seem to be a big question, especially when it comes to ballot harvesting. please speak to that and given honest answer. please don't refute that because it is irrefutable data. guest: they sa