news business, as your interview and brian's book point out. >> i know a lot of people who feel the same way, that it should just be plain old fox without the other word because of its history and perhaps its future. >> and we know we are talking about when you take fox, you don't have to say the second word. we get it, yeah. >> their mendacity is well known. >> thank you, alex. in trump world i don't recall is not perjury, and when cassidy hutchison testified to the january six committee she told them what her trump paid lawyer told her. >> stephan never told me to lie to the committee. i don't want you to perjure yourself, he insisted, but i don't recall isn't perjury. >> of course, i don't recall is perjury when you do recall, which is why cassidy hutchison chose not to follow that lawyers advice and commit perjury by sticking to the lie of i don't recall. she got rid of that lawyer and she went on to tell the truth to the committee. yesterday donald trump's first daughter, guided by a trump paid lawyer, demonstrated her fidelity to the family principle of i don't recall is not perjury when she repeatedly testified under oath that she did not recall anything about loan agreements that she was involved in for the family business. well on the witness stand in the manhattan courtroom with the new york assistant attorney general showing her her own emails about those loan details, ivanka trump's talk to the family under oath motto, i don't recall. new york city general, letitia james, said this. >> her testimony raises questions with regards to its credibility. at the end of the day this case is about fraudulent statements of financial condition that she benefited from. she was enriched and clearly you cannot distance yourself from that fact. the documents do not lie. the numbers do not lie. >> the numbers do not lie. but did ivanka trump lie? bloomberg's tim o'brien, who literally wrote the book about the trump family business, says this. >> it's curious to me, because she wasn't taking the fifth, which it is civil case would be an admission, essentially of acknowledgment of guilt. she was just saying she couldn't remember. she couldn't remember details about the old post office building in washington, d. c., that the trumps turned into the trump international hotel. she could remember details about the doral golf club purchase in florida. one of his probably single biggest golf course acquisitions. and so on and so forth. and ivanka is somebody who remembers the colors of the walls and how they were painted in every project that they worked on. they could tell you how many windows were put in an every project. she could tell you how many new trials were put in the floors. she could tell you the interest rate on loans that they received. she could talk about the amount of debt leveraged against each property that they owned. so the idea that suddenly in this courtroom she can't really recall specifics about evaluations or how that tied in two statements that the trumps gave to the banks, it's more than passing strange. and i suspect, since there is not a jury present, none of this is really being lost on arthur engoron, the judge hearing this case, so he's now essentially the jury of one for the trumps. >> today don't arms lawyers tried to short-circuit the case by asking the judge to find it on trump's favor because or they considered the witness of michael cohen's testimony in this stage of the case. the judge said he would consider that request. the trump defense lawyers will begin presenting their case on monday. they have told the judge that the first witness for the defense will be codefendant donald trump jr.. leading off our discussion tonight is the senior legal correspondent for the messenger. he was in the courtroom, as he is every day for these proceedings. also with us, former federal prosecutor for the eastern district of new york, and andrew weissmann, former fbi general counsel and former chief of the criminal division in the eastern district of new york. he's an msnbc legal analyst and co-host of the msnbc podcast, prosecuting donald trump. adam, let's go to the courtroom with donald trump's first daughter testifying. the i don't recall chorus that went through that testimony, what was the general sense or feeling of credibility in the courtroom for that? >> well, there were two dimensions of i do not recall. there was, i do not recall when the state was examining her and i recall vividly when trump's own lawyers were examining her. at that point, during cross-examination, she could recall intimate details of what it was like during the purchase of the doral, how she was, it was her time as, her first time as a mother. she was a pregnant woman and was giving birth to her first child. at that point, all of the memories breakthrough. she was able to give vivid recounting's of that period. i don't recall happened before that, when the government was asking her about detailed communications and then, at that moment, oh, it's about a decade ago and it might have been longer than a decade ago, i don't remember these details, but was a has a perfect memory is the record, the email she was confronted with again and again, emails with bank executives with whom she was talking about her father's financial condition, emails about the anxieties that certain trump executives had, about whether v net worth, the covenants that obligated trump to have a certain, i think, four billion dollars in net worth was something that was a problem for them, and something that they needed to ultimately bargain down. and those are the details that have a perfect verbatim memory more than a decade later, those are the details speaking to the fact that this is a documents case and giving an insight into why a good portion of the trial was decided before this trial began. >> andrew, this is an opportunity for your shortest law school lecture ever about i don't recall. and i mean to apply it to all the litigation we're going to be seeing this year, from cassidy hutchinson's description of the i don't recall period, where she's being advised to not recall what that would have meant. what we saw with ivanka trump, what we will surely see in some of these trump prosecutions going forward, with some witnesses not recalling at certain points, where is the line between i don't recall and perjury? how safe is i don't recall? when do prosecutors are opposing counsel decidely i don't recall really needs to be attacked and pushed and exposed? what should we be wanting for throughout this year, as i don't recall comes up under oath? >> i think a good way to start is, i've been a defense lawyer, faith gay has been a defense lawyer for a much longer time and has a bigger claim on. it let me start with the typical instruction that you get when you are a defense lawyer prepping a witness. you will tell them honestly they have to be truthful and they should answer the question. or they'll be like, lawrence, listen to the exact question, an answer just that question. if you don't recall it, if you don't recall the answer, say. obviously if you recall something, you cannot say you don't recall. but you usually get new structure which is, your job, when you are being deposed, if you are at trial, it's not to help one side of the other. it's just to answer that question. so if you think it without way, you could say that ivanka or any witness, she was asked question about something that happened many years ago, so it was possible that she actually doesn't recall. it's possible that the questioning is not that precise. it's possible that it's asking something quite specific or where it would be obvious that you couldn't recall. do you remember exactly what you said? there it would be easier to answer that truthfully, i don't recall. so it's not a conversation we are having where you're trying to help the other person. the other piece, and this is where you get into trouble, you can't say, you know what, the government will never know what is really in your head on this. so your route is to do x y and z, when you have to be telling the truth. the problem for the government is when somebody says i don't recall something, and frankly even if they give an answer that's not true, it is very difficult to make a perjury case. that would be a criminal case. it has to be proof beyond a reasonable doubt. so i think probably failed your admonition as making this the shortest lecture possible. but hopefully that helps. >> anything under an hour. it's the shortest lecture [laughter] ever done on a law school subject. faith gay, what do you see when you hear this trump family testimony, the lack of recall, and how did we work in a courtroom. a witness says i don't recall, and then they're confronted with her email that shows that they were heavily involved in that thing that they're saying they don't recall being heavy valve in. and that point, the email, it seems to me, would win the moment. >> i'm glad, lawrence, you didn't even email would trump. it let me just say this, a couple of interesting things about this. first of all, in a civil case, or in a criminal case, an adverse inference can be drawn. you put an email up on the screen and then witness testifies in a way that's just not credible, and the judge here can certainly decide he just doesn't accept that testimony. same thing for trump's criminal trials to come. the juries can say you can say all day long, i don't recall, i don't know, that's stupid. witnesses can say that. and into armors, or you the judge, can just decide to ignore it and to decide that exactly the opposite is true. verdicts can be sustain that way. but i think the real net effect here is that these defense lawyers, when they start their case next week, they have got to get away from these documents as fast as they possibly can. they've got to say, the documents don't matter. the banks didn't care. the banks wanted to lend to trump because he was famous. they just filled out these forms and threw them on the floor and did what they wanted to do. these documents don't matter, they've got to say, because valuations for real estate change all the time. anybody can make up evaluation. valuations are all over the place. these documents don't matter because it's me, poor victims citizen trump against the big bad international or new york banks. so he's got to push away from all of this, holding up the document on the one hand, and having someone say i don't recall on the other, not because of perjury but because right now he's really in a death penalty phase. the best analogy for this face is, guilt is established. this judge thinks donald trump 's guilty. so the thing now is to avoid the death penalty, to make sure his businesses don't get thrown out of new york, and to make that penalty as small as possible. forget guilt. just focus on what the ultimate decision is going to be, how much to damage those businesses. so he's going to start arguing way away from the documents and way away from i don't recall, which do terrible damage this week. >> adam, what should we expect in the defense case? they've submitted a long list of potential witnesses. they say they're gonna start with donald trump jr.. what can they accomplish was donald trump jr. as a witness that hasn't already occurred since he already appeared as a witness for the attorney general? >> i think it will go back a little bit to what i said a bit earlier, about ivanka trump's cross examination. that offers a window because she was the only trump family witness who was cross-examined. the other trump family members, including the former president, we're not cross-examined during the states case, so through ivanka's testimony, we see a window event into where this is going with don jr.. it's essentially turning the defendants and ivanka trump is a good defendant but or other family members are, into the victims, the victim of, in the way the trump lawyers have said throughout this, prosecutorial overreach, as they have it, essentially having them be the dasher's of the big dreams of the trump family members, given the personal sentimental journeys that each of them, as they go into these business dealings, steer as far away from those emails and those records that establish their liability for the judge before trial began and go into that. now that's where the trump family members testimony, and beyond that some of what faith was saying a little earlier, they're going to hammer home the themes through witness testimony of the bank executives, to underscore their argument that oh, there wasn't any harm here, they weren't really looking closely at it, these loans would've gone through anyway. i think those are the themes that are going to emerge from the defense, and what they're going to try to advance when this defense case begins on monday. >> matt adam klasfeld, and we waste, when faith gay, thank you so much. and erskine station with us to discuss the latest developments injects mid-federal prosecution of donald trump. that's next. ♪ [man struggles] i need some sleep. ♪ [man relieved] if you struggle with cpap, you should check out inspire. inspire. sleep apnea innovation. learn more and view important safety information at inspiresleep.com struggling with the highs and lows of bipolar 1? ask about vraylar. because you are greater than your bipolar 1, and you can help take control of your symptoms - with vraylar. some medicines only treat the lows or highs. vraylar treats depressive, acute manic, and mixed episodes of bipolar 1 in adults. proven, full-spectrum relief for all bipolar 1 symptoms. and in vraylar clinical studies, most saw no substantial impact on weight. elderly dementia patients have increased risk of death or stroke. call your doctor about unusual changes in behavior or suicidal thoughts. antidepressants can increase these in children and young adults. report fever, stiff muscles or confusion which may mean a life-threatening reaction, or uncontrollable muscle movements which may be permanent. high blood sugar, which can lead to coma or death, weight gain and high cholesterol may occur. movement dysfunction and restlessness are common side effects. sleepiness and stomach issues are also common. side effects may not appear for several weeks. ask about vraylar and learn how abbvie could help you save. ♪ i'm getting vaccinated with prevnar 20®. so am i. because i'm at risk for pneumococcal pneumonia. i'm asking about prevnar 20® because there's a chance pneumococcal pneumonia could put me in the hospital. if you're 19 or older, with certain chronic conditions like copd, asthma, diabetes, or heart disease or are 65 or older, you may be at increased risk for pneumococcal pneumonia. prevnar 20® is approved in adults to help prevent infections from 20 strains of the bacteria that cause pneumococcal pneumonia. in just one dose. don't get prevnar 20® if you've had a severe allergic reaction to the vaccine or its ingredients. adults with weakened immune systems may have a lower response to the vaccine. the most common side effects were pain and swelling at the injection site, muscle pain, fatigue, headache, and joint pain. i want to be able to keep my plans. that's why i chose to get vaccinated with prevnar 20®. because just one dose can help protect me from pneumococcal pneumonia. ask your doctor or pharmacist about getting vaccinated with prevnar 20® today. is it possible my network could take my business about getting vaccinated to the next level? it is with comcast business. powering all your devices with gig-speed wifi. and you get fast downloads and uploads. pick it up! pick it up! oh we got this! because it's powered by the next generation 10g network. more speed for your business? it's not just possible. it's happening. get started for $59.99 a month for 12 months. plus, ask how to get an $800 prepaid card with a qualifying internet bundle. >> donald trump's lawyers have comcast business, powering possibilities. filed their brief with the court of appeals, which will hear arguments over the partial gag order that judge tanyka chutkan imposed on donald trump in the federal criminal trial over his efforts to steal the 2020 election leading up to and on january 6th. the trump lawyers wrote, given its extraordinary nature, one would expect an extraordinary justification for the gag order. none exists. the gag order rests entirely, and wrongfully, on a classic hecklers veto, that is, the district courts speculation that president trump's audiences might react to his speech with harassment or threats to prosecutors or court staff. president trump is entitled to proclaim, and the american public is entitled to hear, his core political messages. donald trump's lawyers claim the gag order is over rot and vague. in fact, the order is a narrowly tailored restriction against donald trump attacking the court staff, jack smith, and members of the prosecution team, and potential witnesses. trump's criminal defense lawyers also said that his appeals court upholds the order they will appeal to the supreme court with three trump appointed justices. so with us, andrew weissmann, and point on the we will go to the supreme court is more a scheduling issue at this stage than anything else. >> well, it's important to remember, going to the supreme court, even if they would take this issue, will not slow down the trial date. >> why not? >> because this is just about the gag order. so what he can say or not say has nothing to do with the trial date. i normally, on your show and other shows, try to be really dispassionate in evaluating. i just want to say, the idea that they argued to the court of appeals that this is speculative is truly outrageous. you do not have to look just at the january 6th case itself. what is charged by the grand jury, which is donald trump fomenting what happened on january 6th, as the, and the combination of a conspiracy. so this is not speculative. the district judge has been threatened. everyone knows it. there is a person who has been indicted for it. there are people who are prosecutors, court staff, election workers, family members of all of those people, who are getting threats constantly. it is beyond reprehensible to make that assertion, and i would hope that the court of appeals views it that way. in that courthouse they are all together, it is inconceivable they are not aware of how much the secret service and the marshals have had to do to keep people safe. it is also simply not true that donald trump or anyone else cannot run for office and that his political attacks and tell people what he stands for and what he stands against, and that has nothing to do with anything that is in this limiting gag order. they are completely separate. so the idea that this brief is pitched as an attack on his right to run for office, only in the most warped sense that running for office means that you are entitled to threaten judges, their family members, court staff would not be true. it's really a brief that is so real and sort of its audacity. >> which is a trademark of trump lawyers, in all of these cases. the defense on the idea of donald trump was acting under vice of council. judge chutkan is ordering the trump lawyers or pushing them toward letting them know whether they're going to use that defense. why do they have to reveal that they would use that defense? why do they have to reveal it ahead of time? >> sure, so, in the law, when you are going to put on expert testimony, whether it's in the complicated account or in this case an attorney, or a medical expert, in the federal rules it is just a scheduling issue. the court has discretion to say, i'm not going to let this happen on the first day of trial because you know what's going to happen in? i'm going to have to give the other side time to prepare. so the rules say that you are entitled to give notice to the other side and discovery so that this all gets worked out beforehand. i have litigated this exact issue, and this is something you have to do. the government has to do it, if they're gonna be in that position, the defense has to do it. so this made total sense. one thing important to remember is just because they may want to assert the attorney client privilege, he didn't say i'm going to allow it. there are a lot of prerequisites, but what she is saying is, i want to know if you are going to seek to make that claim. so they have to give notice about it. but there could be a lot of litigation about whether they really can do it. for instance, in the sam bankman-fried case, the judge actually said there is no valid advice of counsel defense. he heard from the defendant from the parties and made a decision that there wasn't enough factual evidence that there was actually advice of counsel there. so she still couldn't do that. to me it is quite conceivable that there is not a lawyer who was actually told donald trump in connection with any or all of the charges here that it was legal. it's hard to imagine that a lawyer said all of what he did was legal. i mean, remember, he's charged things that involve fraud and deceit. it's very hard to find a lawyer who says oh yeah, i thought that was great, you can do that legally. >> and then the jury's case, for example, his conduct on january 6th is part of the criminal case against him, his refusal to take any action to stop the attack on the capitol, and we have new information indicating that jack smith is going to tie that into donald trump. it's not that it's extremely unlikely that donald trump's gonna be able to point to a lawyer in the white house who was saying to him, don't intervene in the capitol in any way. >> or, to take another example, when he not so subtly threatened brad raffensperger. there isn't going to be a lawyer saying, oh yeah, it's fine to threaten somebody with criminal prosecution when there is no basis for it. they're saying there's not gonna be a lawyer who says fake electors? if they're fake electors, that is illegal. i think it's good to be very tricky thing for him to get valid advice of counsel. >> orange overtime, but quickly, as a possible the judge will allow a limited-limited defense based on advice of counsel, you can use it for this element of the case, you cannot use it for this? >> absolutely. you can have the lawyer, there could be enough to say, you know what, when it comes to the mike pence and what his power is, you have a lawyer who's going to testify. i will allow that. but there are other aspects that are charged, there's no lawyer who you can point to. so i'm going to preclude it. >> andrew, you cover this very quickly for a law professor. so we thank you for that. andrew weissmann, thank you, as always, for joining us. and coming up, the big wins for democrats in this week's election. that's next. ♪ ♪ wake up, gotta go! c'mon, c'mon. -gracie, c'mon. let's go! guys, c'mon! mom, c'mon! mia! [ engine revving ] ♪ ♪ my favorite color is... because, it's like a family thing! [ engine revving ] ♪ ♪ made it! mom! leave running behind, behind. the new turbocharged volkswagen atlas. does life beautifully. i was stuck. unresolved depression symptoms were in my way. i needed more from my antidepressant. vraylar helped give it a lift. adding vraylar to an antidepressant... is clinically proven to help relieve overall depression symptoms... ...better than an antidepressant alone. and in vraylar clinical studies, most saw no substantial impact on weight. elderly dementia patients have increased risk of death or stroke. report unusual changes in behavior or suicidal thoughts. antidepressants can increase these in children and young adults. report fever, stiff muscles, or confusion, as these may be life-threatening, or uncontrolled muscle movements, which may be permanent. high blood sugar, which can lead to coma or death, weight gain, and high cholesterol may occur. movement dysfunction and restlessness are common side effects. stomach and sleep issues, dizziness, increased appetite, and fatigue are also common. side effects may not appear for several weeks. i didn't have to change my treatment. i just gave it a lift. ask about vraylar and learn how abbvie could help you save. ( ♪♪ ) rsv can be a dangerous virus [sneeze] for those 60 and older. it's not just a cold. and if you're 60 or older... you may be at increased risk of hospitalization from this highly contagious virus. not all dangers come with warning labels. talk to your pharmacist or doctor about getting vaccinated against rsv today. rsv vaccines, including pfizer's, are now available. - bye, bye cough. - later chest congestion. hello 12 hours of relief. 12 hours!! not coughing? hashtag still not coughing?! mucinex dm gives you 12 hours of relief from chest congestion and any type of cough, day or night. mucinex dm. it's comeback season. only unitedhealthcare medicare advantage plans mucinex dm. come with the ucard - one simple member card that opens doors where it matters for you. what if we need to see a doctor away from home? ucard gets you in with medicare advantage's largest national provider network. how 'bout using it at the pharmacy? yes - your ucard is all you need. huh - that's easy! >> in virginia, democrats won can it help keep my smile looking good? yep! use your ucard at the dentist. say cheese! get access to what matters with the ucard only from unitedhealthcare. big in this week's election. today democrats maintain their majority that they have had in the state senate since 2020. they flipped the state house. with tuesdays wins, delegate don scott, virginia house democrat leader could become virginia's first black speaker of the house. and because of tuesday's election results of virginia's republican governors, proposal to ban abortion has now no chance of becoming law. virginia is the only southern state that hasn't passed or an act of restrictive abortion laws since the supreme court overturned roe v. wade yesterday virginia's republican governor said he's a little disappointed in virginia voters. >> i'm a little disappointed, to be clear. i think the number one lesson is that virginia is really purple. and that going into these elections, we knew that they were going to be tough. >> generic sketch and now is delegate chanel herring, the democratic caucus chair of the former chair of the democratic party of virginia. thank you for joining us now tonight. it sounds like the governor is a little to point disappointed in virginia voters. >> it's interesting, isn't it? and, lawrence thank you so much for having me. i think he is disappointed for his own agenda, quite frankly. virginia voters sent him a message and sent the nation a message that when it comes to women's republicains reproductive health care and privacy we're not gonna allow politicians to come in with an extreme agenda than that's a fact and virginia voters made their voices loud and clear and we are going to continue to protect access to abortion in virginia. >> was that the issue? >> that was the major issue. he made the big issue. he talked about that the ban was something that was common sense and he made it the issue, and we had to respond and are candidates who are absolutely amazing and leaders in their communities, hit the doors, had conversations with individuals, and let them know that we were going to protect their privacy interests. but he made the issue. we have a lot of challenges in virginia, and he wanted to make that the issue and we met him head on and made it clear, we are going to protect access to abortion in virginia. >> what will be the democratic led to lose slate of agenda now in the state of virginia? >> it's what it always is. making sure we have a secure economy, making sure our economy is strong and works for everybody, protecting our public schools and are public education, our teachers have come under attack by this administration, even some of our universities have come under attack by this administration. so that's a priority that has always been our priority, it's to make sure that our public schools are strong and our children are doing well. and we will continue to fight for that. >> do you see a lesson in this election in virginia for president biden as he goes into reelection and the democrats nationally? >> i think the lesson is this. be bold and protect our constitutional rights. they have been attacks by the republicans here in virginia, the access to the ballot box, to voting, and this is about our democracy. this is about valuing every individual and making sure that everyone has access to the resources that they need for and have a strong and wonderful life here in the commonwealth. but also in the broader respect we are talking about the nation. to protect democracy, to protect access to health care, to protect our educational institutions as well. >> charniele herring congratulations on your election and thank you for joining our discussion tonight. >> thanks for having me. appreciate it, lawrence. >> joining us now is the interim president of the democratic legislative campaign committee, heather williams. heather, thank you for joining us tonight. you know, this is an arena, this state legislative elections, where democrats have very frequently been criticized in the past national democrats for not paying enough attention to it. this building blocks of the party. it looks like the democrats do the right way in virginia. >> yeah. we are paying attention now, right? i think that's what matters. we've had an incredible winning streak in this date starting in 2022, and really great wins throughout this year in special elections where democrats have been over performing. the stakes were understood by voters in tuesday's election, and it's something important to note. voters understand how critically important their state legislature is to their lives, and in this case, in virginia, we're talking a lot about access to reproductive health care and abortion, and voters in the state knew that when they went to the polls on tuesday, if they were there wednesday in the republicans in control there would be an abortion ban. as we look ahead to 2024, which i know everyone loves to do right now, we're going to see more of this clarity in how important legislatures are. there issues that matter to us most, and i think that's really important to note. >> so how did you do it? you are operating from the national perspective, washington, d. c., looking out there legislative and a local races, organizationally how to do with this time? >> what we are really looking at is making sure that these campaigns and these races in the states are well organized, they have the tools and data they need to be successful, that we've got candidates across the country who are trying to reel voters. state legislators still live in their districts. they represent their communities in a very real way. and having those conversations with voters is so critically important. it gives them such a pulse of what is happening in how people are feeling, whether what they are afraid of, where they are hopeful for. that matters. you can develop messages. we think about the sprint to election day. so we are. they're -- investing resources, invested two point $2 million in the races in virginia alone, and we are ready to take this winning strategy and all the lessons that we heard from virginia and moving to 2024. >> and what lessons do you have for president biden and for the democrats, congressional democrats and others, going into the next election. >> we know that being in these communities and talking to voters, face to face really matters. it's a cornerstone for work that we do, work that is done by these legislative committees across the country, and i think that that is really important as we move on into the 2024 election, with all of our friends on the ballot. that will be a critical issue. and i think, as we think about how important these races are and how will, you know, people are looking for an opportunity to get involved, to use their voice. if that is on your mind, you can go to -- dot org. and get engage. >> heather williams thank you on your winning week. thanks for joining us. the number one issue in virginia was also the number one issue in ohio, we are in that republican state 56% of voters voted to guarantee abortion rights in that state. ohio representatives joyceand as try downy free & gentle downy will soften your clothes without dyes or perfumes. the towel washed with downy is softer, and gentler on your skin. try downy free & gentle. when migraine strikes you're faced with a choice. ride it out with the tradeoffs of treating? or push through the pain and symptoms? with ubrelvy, there's another option. one dose works fast to eliminate migraine pain treat it anytime, anywhere. without worrying where you are or if it's too late. do not take with strong cyp3a4 inhibitors. allergic reactions to ubrelvy can happen. most common side effects were nausea and sleepiness. migraine pain relief starts with u. ask about ubrelvy. learn how abbvie could help you save. he hits his mark —center stage—and is crushed by a baby grand piano. you're replacing me? customize and save with liberty bibberty. he doesn't even have a mustache. only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪ have heart failure with unresolved symptoms? it may be time to see the bigger picture. heart failure and seemingly unrelated symptoms like carpal tunnel syndrome, shortness of breath, and irregular heartbeat could mean something more serious, called attr-cm a rare, underdiagnosed disease that worsens over time. sound like you? call your cardiologist and ask about attr-cm. there are some things that go better... together. hey! like your workplace benefits... and retirement savings. with voya, considering all your financial choices together... can help you be better prepared for unexpected events. for a brighter financial future. thanks. ahh, pretzel and mustard... another great combo. voya. well planned. well invested. well protected. type 2 diabetes? discover the ozempic® tri-zone. ♪ ♪ i got the power of 3. i lowered my a1c, cv risk, and lost some weight. in studies, the majority of people reached an a1c under 7 and maintained it. i'm under 7. ozempic® lowers the risk of major cardiovascular events such as stroke, heart attack, or death in adults also with known heart disease. i'm lowering my risk. adults lost up to 14 pounds. i lost some weight. ozempic® isn't for people with type 1 diabetes. don't share needles or pens, or reuse needles. don't take ozempic® if you or your family ever had medullary thyroid cancer, or have multiple endocrine neoplasia syndrome type 2, or if allergic to it. stop ozempic® and get medical help right away if you get a lump or swelling in your neck, severe stomach pain, or an allergic reaction. serious side effects may include pancreatitis. gallbladder problems may occur. tell your provider about vision problems or changes. taking ozempic® with a sulfonylurea or insulin may increase low blood sugar risk. side effects like nausea, vomiting, and diarrhea may lead to dehydration, which may worsen kidney problems. living with type 2 diabetes? ask about the power of 3 with ozempic®. the winter play was really coming together. until... disaster struck. luckily, replacement costumes were shipped with fedex. which means mr. harvey... could picture the perfect night. we're delivering more happy for the holidays. ah mornings! cough? congestion? i'm feeling better. all in one and done with new mucinex kickstart. headache? better now. new mucinex kickstart gives all-in-one and done relief with a morning jolt of instant cooling sensation. it's comeback season. >> over the moon for ohioans! for woman to have bodily autonomy! >> that's what winning looks like. 17 months after the supreme court overturned roe v. wade, another state has rejected republican attempts to restrict abortion rights. tuesday, more than 56% of ohio voters proved issue one and voted to enshrine reproductive rights in the states constitution. that included 18 counties that voted for donald trump in the last presidential election. the ohio republican party is already steaming to undo the will of ohio voters. speaking to reporters, ohio's republican senate president matt huffman said this isn't the end. dozens of ohio house republicans have also signed to a statement denouncing the passage of issue one. joining us now is democratic representative emilia sykes. she represents the 13th congressional district in ohio. also this democratic representative joyce beatty of ohio's third congressional district. she is also the former chair of the congressional black caucus. representative baytieh, what was your reaction to that vote? and did the number come in about where you expected, or was it more than you expected? >> well, first of all, thank you for having us. and we're very pleased and excited that we were able to be victorious. i was very hopeful from the very beginning. we had a successful election in august. and we did a great job in ohio. my colleagues and i worked the state because we wanted people to know that they were taking away our freedoms. women's reproductive rights was on the ballot along with all of our freedom. and ohioans understood what was at stake and, you know, we have unconstitutionally gerrymandered legislative chambers. so we knew that all eyes would be on ohio. so we fought hard for this, and i want to thank all of ohio for supporting all of our efforts. >> representative sykes, roe v. wade was the law of the land for your entire life until suddenly, it wasn't. what was it like for you to see the rights of roe v. wade essentially restored in ohio? >> well, we are all smiles here in ohio, because we were able to finally get our freedoms back from extreme republicans who did anything and everything possible to make sure that women did not have the ability to access the reproductive rights. and the fact that they took this fight to the streets, they gathered their friends, they got petitions, 700,000 people signed across the state, got it on the ballot, had to go through not one, but two elections where republicans played all kinds of dirty tricks. but now, we are able to say that we have access to birth control, abortion care, miscarriage care, and the full range of full term pregnancies. it is a great day to be in ohioan, and i'm so proud of our folks and so excited that my colleagues like congressman beatty who were very important and making sure this past, i am so excited. i'm so grateful for our state. and i'm so proud of us. >> representative beatty, what do you -- for next year's election, particular in ohio with jerry brown running for reelection to the senate, will this still be an issue? >> oh, definitely, this will be an issue. we know what we're up against. we know that the maga republicans across the state will be scheming and just as congresswoman sykes said at, we know what we're up against. we think this will make a difference because people are now motivated because we know our freedoms are still on the line. as quick as they were, as quickly as they were able to take away 50 plus years of roe v. wade. so we are going to be ready. we know that senators around this on the ballot. we are supporting him, and he too will be victorious. women will come out and vote. and this issue is not just about women, it's about families. we have great stories to tell. we've done a lot in ohio. we look at all of the things we provided with jobs and how hard were fighting for college to asian. democrats have put people over politics. we are ready for the fight, and i'm very hopeful that it will help us as others look to ohio, other states are already talking with us about the efforts that we made. congresswoman sykes brought other women in from across the united states to be on the battlefield with us. speaker emeritus, nancy pelosi was with us. so we are gavel of unasked and we are ready for the fight. >> representative sykes, the republicans are threatening, saying this isn't over. but if you've got this in the constitution as a constitutional amendment, in effect, what can they do? >> well, i worked with some of these republicans in the state legislature before coming to congress, and this is just how they behave. anytime the people in the state of ohio decide that they are something that they want, they don't care. it's about their power. it's about their extremism and their agenda. they are almost always on the wrong side of the people. and when they don't win, they cheat. we saw this with the gerrymandering, with the abortion rights amendment, and will continue to see it until their power is checked. but what they continue to underestimate is the power of the people. so, i'm excited to be on the side of the people. i will always be on the side of the people. and i will be ensuring that i'm projecting their freedom and fighting against extremism. because we know that it is our responsibility to work on behalf of the folks who elected us and not just to maintain and retain power. >> representative beatty, if joe biden calls and says what do i need to know about ohio now, and running in ohio? what would you tell them? >> i would tell him that we are prepared to stand with him. we have a great story to tell. and we know that the american people have been watching what we've gone through in congress over the last several weeks. 22 days, to actually get a speaker. having the republicans vacate their own speaker. we have a great story, we welcome joe biden to come here, and we're looking at going from red to purple and even to blue. and i think we're off to a good start. just as my colleague said, we're on the side of the people and we're fighting to protect our freedoms, and we're not going to lead all republican colleagues get in our way by rejecting with the american people, and especially those in ohio, have already said. >> president biden has been known to occasionally, at least, watch this program. so you might have been speaking directly to him just now. representative joyce beatty and emilia sykes, thank you both so much for joining our discussion tonight. >> thank you. >> thank you. president biden will get tonight's last word, next. out inspire. no mask. no hose. just sleep. learn more and view important safety information at inspiresleep.com why didn't we do this last year? before you were preventing migraine with qulipta®? remember the pain? cancelled plans? the worry? that was then. and look at me now. you'll never truly forget migraine. but qulipta® reduces attacks, making zero-migraine days possible. it's the only pill of its kind that blocks cgrp - and is approved to prevent migraine of any frequency. to help give you that forget-you-get migraine feeling. don't take if allergic to qulipta®. most common side effects are nausea, constipation, and sleepiness. learn how abbvie could help you save. qulipta®. the forget-you-get migraine medicine™. my most important kitchen tool? my brain. so i choose new neuriva ultra. unlike some others, it supports 7 brain health indicators, including mental alertness from one serving. to help keep me sharp. try new neuriva ultra. think bigger. ♪ ♪ ♪ cargurus. shop.buy.sell.online. with 30 grams of protein. those who tried me felt more energy in just two weeks. -ahh, -here, i'll take that. woo hoo! ensure max protein 30 grams protein, one gram sugar, 25 vitamins and minerals, and nutrients for immune health. (♪♪) ( ♪♪ ) i really do think cilantro tastes like soap. soap? i can taste it in anything. there ya go. go look at the sprinter gene. i wonder if you have it or if that's why you didn't make the team. let me see. let me pull it up. let's see what you have. sprinter... sprinter... sprinter gene.... don't have it. yup, i knew it. let's see. can't run. can't catch. too short. what else does it say? no, hold on i'm a find an athletic gene in here. give the gift of family heritage with ancestry. nice footwork. man, you're lucky, watching live sports never used to be this easy. now you can stream all your games like it's nothing. yes! [ cheers ] yeah! woho! running up and down that field looks tough. it's a pitch. get way more into what you're into when you stream on the xfinity 10g network. goli, taste your goals. alright, alright! when you stream on t tiny, branch, poppy... on another musical adventure. ♪ you're all i ever wanted ♪ i can't believe this is really happening. ♪ you're all i ever needed ♪ looks like your band days aren't behind you. grrr. >> this afternoon, president biden joined the united auto workers to celebrate a factory reopening and getting back to work after a successful strike. and to remind them just how wrong donald trump's. >> when my predecessor, the distinguished, anyway, [laughter] >> we know! [laughter] >> when my predecessor was in office, six factories closed across the country. tens of thousands of auto jobs were lost nationwide, and on top of that, he was willing to cede the future of electric vehicles to china. he said if america invest in electric vehicles, it would drive down wages. it would destroy jobs, which spelled the end of the american automobile industry. well like almost everything he said, he's wrong. >> i stood with you shoulder to shoulder on the picket line. my predecessor went to a non-union shop and attacked you. >> yes he did! >> i hope you guys have a memory. where i come from, it matters. >> president biden gets tonight 's last word. the 11th hour with stephanie ruhle starts now. >> tonight, senator joe manchin's big announcement. what his departure means for senate democrats and what comes next. plus, the state of the race after tuesday's elections and last night's gop debate. then, ivanka trump on the stand and the attempts from trump's legal team to end the new york civil fraud trial. and president biden in illinois, celebrating tentative contracts for the auto workers. uaw president shawn fain joins me with his reaction as the 11th hour gets underway on this thursday night. good evening, once again, i'm stephanie ruhle live from