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rosalynn carter was 96 years old. should be mayor berry tomorrow in plains, georgia. all in with chris hayes starts now. all in with ch ris hayes starts no >> tonight on all in. >> i believe it in with themselves over the constitution should never be president of the united states. >> just how close did mike pence come to ending democracy? >> and i hope mike is gonna do the right thing. i hope so. i hope so. >> tonight, new reporting on the plans mike pence abandoned, and the senator who maybe knew all about it. >> this story of government abuse and political treachery is scarier than fiction. it really happened. >> then, no plea deals for trump or rudy in georgia as a republican front-runner returns to a unpopular campaign promise. >> we are going to get rid of obamacare. i will never stop. >> and as hostages continue to be reunited with loved ones in israel, new details on the attempted murder of three palestinian students right here in america, when all in starts, right now. >> good evening from new york. i'm chris hayes, just weeks now voters will cast the first ballots in, believe it or not, the 2024 primary presidential elections. in less than a year the whole country will vote again, not only on o ll be the next president of these united states, but, most likely, on whether to continue the american democratic experiment, at least in its current form. this coming year will also bring at least one trial of the republican front-runner and former president, donald trump, the most important of the 91 felony charges against him, the federal elections case, now set to go before a judge in march. that case serves as a crucial reminder of just how serious the man was about overturning american democracy on january 6th, how close he came to succeeding, and how much he wants to do it again and today we have new information about the attempted coup. on its own, this detail, which i'm about to relate you, it might seem small or insignificant, but it shed dramatic light on one of the most enduring mysteries from january 6th and the run up to it. more importantly, it suggests how prepared the entire republican party might have been to go on with trump's plight of things went in that direction. that was part of the investigation into the attempt to overturn the 2020 election. special counsel jack smith has been speaking with key players as they prepare their case in court. that includes former vice president mike pence. pence, of course, mously issuing talking to the january six committee. according to a new report, smith's team is essed pence on allor of questions, even something as granular as the placement of a calmer in his book. pence wrote in his book that he told trump, quote, youknow, i don't think i have the authority to change the outcome of the election of on january six. but pence allegedly told smiths investigators that comet should have never been placed there. he actually meant to write that he admonished trump, you know i don't have the authority to change the outcome, suggesting trump was well aware of the limitations of pence's authority. special counsel investigators also pressed pence on personal notes he took after meetings with trump. one of those notes, written several days before pence was due to preside over e certification of the electoral votes in ngress on january six, reveals that pence momentarily decided that he would skip the proceedings on january six where he was going to preside altogether. these are notes after meetings with trump. then vice president wrote, quote, not feeling like i should attend electoral count. too many questions. too many doubts. to hurtful to my friend. therefore i am not going to participate in certification of election. mike pence, i think, is smart enough to know that donald trump is not his friend. and, to his credit, he did decide, in the end, to show up and fulfill his constitutional obligation. but those notes indicate there was at least a moment when he was planning to not show up. the reason this is such interesting detail, they're in black and white, reportedly, and the notes from pence himself, as investigators saw, the reason it's such an interesting detail is that it connects to a mystery of what the man underneath the chain of command, the president pro tem port, new, ahead of january 6th. at the time republican chuck -- the man you see there, was the second highest ranking in the senate next to mike pence. he was next in line to preside over the crucial gathering on january 6th, the certification of electoral votes, if pence was not there. and the day before, seemingly kind of out of nowhere, on january 5th, senator grassley told reporters that that is exactly what was going to happen. i quote him here. if the vice president isn't there, and we don't expect him to be there, i will be presiding over the senate. i remember when he started on january 5th. a lot of people were surprised. it raises a lot of red flags. there were already concerns about members of congress objecting to the electoral vote in both houses. a bunch of house members and senators, and what mike pence will do with those objections and whether he would help execute the cute cool or stand against it. when chuck grassley said that to reporters on january 5th, it made it sound like mike pence had decided he would not participate at all, that he would not stand in the way of the coup going forward. chuck grassley, an ardentet defender of trump play that role. obviously that was alarming and damning proposition. grassley's team walked that back, calling it a misinterpretation. they said they were talking about some other portion of the proceedings and saying the vice president pence was expected to preside the next day. so a weird little footnote in this entire drama. grassley's initial statement just left hanging there, tantalizing question. did he misspeak? like i said, or did was there a plan in place behind the scenes in which pence decide at some point he was going to sidestep his duty and let someone else preside over january 6th, presumably someone who would go along with the coup? and it's someone informed chuck grassley about mike pence making center decision that he wasn't going to be there? and for nearly three years we've had nearly no concrete evidence supporting that. but now we do. from mike pence himself. his own contemporary contemporaneous notes obtained by jack smith prove that pence had decided to leave the certification of votes in grassley's hands on january 6th. those notes are evidence suggesting that grassley may very well not have been mistaken and instead was telling the honest truth about what he knew that he had been briefed or told about this decision. again, we still don't know definitively, because there's no smoking gun here. what we do know definitively and this is from the january six committee, is that trump's own coup lawyers wrote out notes imagining a scenario over which grassley survive presided. we know pence came to decision after meeting with trump that he would recuse himself. we have grassley telling reporters that pence wasn't going to be there and he was planning on presiding. grassley still denies he had any idea of these machinations. and yes, this is about a detail about something that happened or nearly happened nearly three years ago and didn't end up happening. but it's so relevant and important in this moment as we look ahead. focus here. as we come down the barrel of this year, because it reveals a key lesson from the trump era. chuck grassley is part of the establishment. he's not one of the colorful pro coup characters, or the overstock guy. he didn't vote to overturn the election on the fateful day went after the violent mob came back into the chamber and had to vote. in the end, chuck grassley and the rest of the establishment will go along with just about anything if they see the wind is blowing that way. no one has stated that more clearly than grassley himself. saying it straight-up, accepting, explaining why he accepted donald trump's endorsement in october of 2021, after the coup. >> i was born at night but not last night. [laughter] so if i didn't except the endorsement of a person that's got 91% of the republican voters in iowa, i wouldn't be too smart. i'm spartan off to accept thate. >> truly one of the most almost comically honest statements i've heard from a politician. he doesn't say i like the guy, i think the guy is good, i think the guy his coup attempt was good, bad, whatever. politically i will accept. that's it. that's the logic. we've seen republicans do this over and over again. after he sucked the mob on the capital, but same chuck grassley, three weeks after january six, kevin mccarthy went to visit donald trump smiling in shaking hands. remember that infamous photo? and in a new book former congresswoman liz cheney reveals carthy tried to explain that away, claiming that trump stamp was really worried about former president, and i quote here, trump's not eating, so they asked me to come see him. he's really depressed. [laughter] the reality, as we have learned, is that kevin mccarthy and chuck grassley and basically the entire rest of them with the exception of maybe mick mitt romney, we're just gonna follow donald trump to the ends of the earth to the ends of american democracy if it helps their chances for power. that's it. they're not saving us, they're not the guardrail. they weren't gonna stand in his way last time, i don't think. we're not gonna stand in his way the next time. keep that in mind. it's the most destructive and dangerous legacy of donald trump and his coup. it's why the stakes of this next year are so very high. and weisman served as fbi general counsel in a senior member of robert mueller's investigative team. now the co-host are prosecuting donald trump podcast, and he joins me now. andrew, the revelation about pence's notes and the grassley subplot don't bear directly, i think, on the government's case against trump. but the access to pence they have does seem to me a material difference in accessed information that no one else has yet to obtain so far who has investigated january 6th. >> that's right, you pointed out that mike pence did not voluntarily appear before the january six committee but you couldn't do the same thing with department of justice which has grand jury subpoena power. so he has had to play ball. but i do think that the notes are going to in some ways helped the government and in some ways help donald trump. the reason i say that is as a trial lawyer i think that it's going to make very palpable that there was so much pressure on mike pence. he is both a witness and an exhibit. he's a witness because he has terribly damaging statements to offer with respect to donald trump. he's an exhibit because he wasn't very much the same position as donald trump. he was running to be the vice president. he had every incentive to think that if it was true and to find if there was real fraud, to say it, and so the jury can compare his conduct to the defendants conduct their. i think that note is going to show just how much pressure was on him and how he overcame it. i think that's going to be the argument. i think the statements there there are so many questions, so many doubts used by donald trump's team to explore their legal debts, were there questions about real concern. i obviously that wasn't ultimately fly because he agreed that he had a duty to the constitution. but i think that's what you would do if you're donald trump. they have to do something with those notes. it gives them a bit of fodder but other i don't think you should carry the day. >> it's so funny because it's a very very weird way for a middle aged man to write. it's sort of strange childlike quality. he's talking about going to his friends bar mitzvah or not. it's like whether he's going to do the coup. so there is that part of it. it's a weird document. >> well, this is washington d.c., where people tend to write notes with an eye toward how they might be use later. so i do think people i mean it's not like are writing a totally personal diary that might never see the light of day. there is a certain amount that i think he was trying to record but his state of mind was at that time that might help him in terms of course of action he was thinking of taking. i do think one of the things that's interesting here as you pointed out as a whole shock grassley story. . we are in a country which is so far from where the founders thought we would be, where you have a sitting senator who has not been called on the carpet to explain what he knew what he was intending, because i, like you, have the same intuition, which is mike pence was clearly not willing to do the deed for donald trump and thus was not gonna show up. well the next person was presumably somebody who was going to be willing to do that in violation of the constitution and the electoral college vote. so there really should be, if there was a justice, don't they should be in accounting from a sitting senator as to what happened. >> yes. and we know, just one more piece of data on this, several memos exchanged, chesebro at one point suggests the idea of grassley doing it, because he was plausibly insulating pants who had self interest, and he's on the ballot itself. eastman writing back, again, december 23rd, all happening around the same time. christmas eve when he decides he's not gonna do it and saying i agree with you just should airy hearing and the constitutional -- should constrain pence or grassley. or grassley? where is that coming from? it's clearly floating around. we're not making this up. >> oh, absolutely. there is a plan a and a plan b. so the idea that this isn't surprising, we always knew that there was some concern about whether pence was going to show up. and here you have it. i think it's going to make him, at the end of the day, a stronger witness for the government. it will show just how much pressure was on him that he overcame it. the story is, as reported, is it was based on a conversation with his son, which really caused him to rethink his obligation, is i think he will say, the constitution. that's a pretty strong thing if you're a government prosecutor, to play out in front of a jury. >> good work. andrew weissmann, thank you very much. coming up, donald trump maybe the republican front-runner, but he still faces a gauntlet of state and federal trials. a lot of news on multiple fronts and those very hot parts of the stove top, what's on deck, next. , next , next >> a brilliant reality! chase for business. make more of what's yours. 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>> you've got to sort of stand your ground. there's also the fact that we've had the final part of this which is the georgia r.i.c.o. case coming into view at least from the perspective of wilmoth's's office, howell baiting the timing of this goes. >> and we know the that trump doesn't want this, on audio so the spectrum you get john eastman saying on the fourth is too late unlike some people look, former president trump, is there some of those who want this case to go to trial well before the end of 2024 hour entitled to do so. so it's really anyone's guess what judge squad mcafee is going to do. will he meet wallace at that august 4th date. will he meter halfway? will he wait to see whether some of these federal trials go forward in the days that they are supposed to? i think is generally accepted among legal experts now that aileen cannon is not going to try her case on may 20th, but when she does, it's anyone's guess. >> there's also a question here generally, it keeps being a striking feature in this. you can as much process as you get forward and -- overall -- >> can afford a lot -- of >> fundraising solicitation solicitations. the general situation is clean and clear in so far as all lawyers working for donald trump have one goal, to delay everything until after the election. >> that's absolutely right. today's reporting by the daily beast about juan merchan brings into the view of the fact that some of these lawyers, who are participating in multiple cases, are nonetheless trying to play the various stages of each other using one court date is a predicate to move another and then go into that second judge or the third judge and using another proceeding. you and i were discussing during the break, this is trump trial tetris. everybody is waiting for the various puzzle pieces to fall into place and move maneuver their way around them and figure out how they should fit together. right now all i know is that i'm not buying nonrefundable train tickets for anytime in 2024. >> we actually had a conversation about the family schedule in 2024, the exact same conversation. >> see you on vacation. >> still ahead, it's one of the biggest and most politically damaging failures of the trump presidency, and tonight the republican front-runner is running and doing it again. front-runner is running and doing it again running and doing it again >> ♪ today, my friend you did it, you did it, you did it... ♪ centrum silver is now clinically shown to support cognitive health in older adults. it's one more step towards taking charge of your health. so every day, you can say, ♪ youuu did it! ♪ with centrum silver. 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(guitar music) with other programs i've tried in the past they were unsustainable, just too restrictive. with golo i can enjoy my food and the fear and guilt of eating is gone. >> over the weekend on trump decided it was a good time to revive the fight against the affordable care act. in a post on social media he wrote, quote, the cost of obamacare is out of control, plus it's not good health care. i'm seriously looking for all tornadoes. he's been doing that 40 years. his folks on repealing the law was one of the most unpopular things he championed as president. the 2017 police just before senator john mccain infamously saved uca. showed that 50% of the americans like the law it is, but only -- support americas plan to replace. it -- it led republicans to abandon, flat out of, a decade-long project and last fall midterms. did not about, it it's done it. it stands as a remark reminder the 2024 election will be another choice between biden and trump, and it's not just the donald trump is uniquely dangerous figure who wants to end american democracy. the guy does have a substantively bad record on basic kitchen table stuff. policy supports, things he didn't try to do as president. not some abstraction. trying to strip health care from tens of millions of americans, working to end the right to abortion, polls in elections showing the doing both of those things while in power. so the challenge of the biden campaign, the democrats, on the media as well, we setting the table for voters about this choice, about how bad and unpopular those policies were in the previous trump administration. michael steele is a former chairman of the national committee, and they join me now. michael, i almost laughed to myself when i saw the post about, i mean, what is the last thing in the universe that any republican anywhere with any sense across the various factions in the party, across incredible internal dissension between the maga weighing, they want to talk about repealing obamacare, and today don mcgrath democrats are like, smartly, let's talk about it. >> yeah they have that let's have that conversation. sure, why not. it's in the breads bloodstream of american life despite the fact that a lot of republicans don't like it. look, i was on the front lines of the fight to present it from coming into being. and look, i willingly admit, we won the battle but we lost the war. we won in 2010 on that issue, but at the end of the day nancy pelosi got it passed into law and it is now parton passed parcel of everyday life for americans, who rely on this. and every time this conversation comes up the, first question, is you want to do, that's what's gonna do with the 24 million and we're gonna be kicked off tomorrow at midnight when the plan passes? they won't have a plan. so at least donald trump can do -- >> i remember covering this that we would pull up the charts every time they work through these tables. it would be like, let's look at the numbers for the premiums for, like, a 60 year old in alaska under the republican plan. okay, it's $15,000. who's voting for this? you're like, you can't do it. in fact, we got lucky they didn't repeal. people would have been twice as mad if they had repealed it. >> we can talk about what it would've done to the economy at that point, as well. so it's not just what it does in the health care markets and the system itself. we can have a conversation about the outsized role insurance companies play in that, but still, when you start to yank it out from this current infrastructure, what happens economically as well? it becomes a really salient point. >> eric, i remember this going back to 17, 18, trump as a uniquely malevolent figure who is a threat to american democracy and donald trump as somebody who is chamber of commerce republican who's going to do things to the social safety net that the median voter won't like. you just heard a piece about inflation worries outlooks let's take seriously the guys running for president, let's take seriously inflation, and let's look seriously what he plans to do in office. everything in trade, policy, it would result in massive spikes and braces. >> he generates so many fantastical, or-ifying, really interesting scandals that it crowds out the space normally devoted to an evaluation of his policies. to many voters, since those policies impact their wallets, it matters more to them than bad scandals. with his agenda, first of all on tariffs he wants to impose a 10% universal across the tariff on all foreign made goods. the effect of that is going to be essentially as a 10% sales tax paid by u.s. consumers meninges made in another country, every samsung television, it sandtrap. >> this is essentially universal 10% sales tax on foreign made goods. think of all the foreign made goods you by. that's a monstrous thing if people don't have a communicated them. >> it's incredibly unpopular in just one part of the deal. so he has his, obviously, a immigration agenda i find morally horrifying because rain rounds up people who've been here for decades and take putting people in that aren't documented and putting them in giant detention camps in texas. even if you don't care about the welfare of undocumented immigrants, you care about grocery prices. if you are suddenly to remove millions of undocumented workers from americas agricultural sectors, or create labor shortages that in sectors that produce enough food as the supply goes down and the demand goes up, that will result in rising prices. >> i think it's due to politically toxic idea that maybe sounds good if you think for three seconds it comes around to sounding bad. but i do wonder how much the ground, i mean, as someone who has been on both sides of this debate and been through a lot of campaigns, how much the grant of basic kitchen table stuff, repealing obamacare, raising your prices, cutting taxes for rich people, all this sort of stuff, -- ? >> it's very important from a number of perspectives. if that's what you're gonna lean into then you better have a salient strategy and plan to back it up and supported. there is none. for four years it was repeal and replace. there was no repeal and replace plan. there still isn't. this is not something mitch mccann mcconnell wants his senators in quasi-blue states, abortion, health care, and things that can turn the economy sideways or not this conversation they want to have. they want to focus back in on last year's conversation behind inflation and gas prices. we'll talk about this years -- >> they want to the donald trump 2019 economy. the presidency ended in 2019. 2020 didn't exist. out of all red. 2020 is like 2022, they want to submit these two points. it's going to be a real battle to actually talk about the reality of both records in both reality of where we're at. michael steele, eric levitz, thank you both. still to come, after nearly two months, good news from israel. the latest on the hostage 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breztri may increase your risk of thrush, pneumonia, and osteoporosis. call your doctor if worsened breathing, chest pain, mouth or tongue swelling, problems urinating, vision changes, or eye pain occur. ask your doctor about breztri. for five days there's been a temporary respite in the israel hamas war. fragile to facilitate release of hostages as, well as palestinian prisoners all of women and children. after six brutal weeks of escalating violence genuine joy and relief. on friday, 85-year-old holocaust survivor was reunited with her family after nearly 50 days of hamas hostage. she is the mother of three, grandmother of eight, great grandmother of seven. think about with this woman's lived through in her life. according to israeli news station, her grandchildren quote resilience and spires. on sunday, emily hand who turns nine years old while being held by hamas was reunited with her father. her stepmother was killed in the october seven attack. the israeli military initially believed emily was as well. he was later revealed that she was alive and being held hostage in gaza, and she is now safely back at home. >> i couldn't believe it. all of a sudden, the door opened up and she just ran. it was beautiful, just like i imagined it. running together. >> the west bank there have been scenes of jubilation as palestinian women and children are freed from israeli prison. many palestinians in israeli custody are held indefinitely under what's called administrated detention, often times of the being charged for the crime are having evidence presented against them. 17 year old was one of them. he was arrested after israeli forces raided his home in the west bank back in february. that's one of the first palestinians released on friday, he's now safely back with his family but reluctant to discuss his many months in prison. >> we met him today after he came home. >> are you willing to talk about your arrest and detention. he refused to taraid israeli soldiers would retaliate. >> according to the associate press, a u.n. worker described the bittersweet reunion of his teenage son. quote, as a palestinian my heart is broken over my brothers in gaza. eye-catcher the celebrate but i'm a father deep inside him happy. additional policy to these released from israeli prison today. what floss hostages were released according to the israeli military. this group includes ten israeli women aged 17 to 84, along with them to tie nationals. right now, cia director william burns and the head of in israeli intelligence agency are in qatar which is negotiating the temperatures to discuss the release of additional hostages. u.s. secretary of state antony blinken is expected to return to israel earlier later this week with the hopes of extending the cease-fire. according to a report in axios which is not be confirmed by nbc news, there committed to upholding the choose front of the three days if hamas commits to releasing ten hostages a day. without such an 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(♪♪) honey... honey... dayquil severe honey. powerful cold and flu symptom relief with a honey-licious taste. because life doesn't stop for a cold. dayquil honey, the daytime, coughing, aching, stuffy head, fever, honey-licious, power through your day, medicine. only unitedhealthcare medicare advantage plans honey-licious, power through your day, 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! 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. every year since he is at brown university his thanksgiving and his grandmother's house in burlington, vermont. his uncle lives next door and it's a place that his sham you seat with his parents has visited since he was a little boy. this year the 20 year old was joined by two lifelong friends. hamid who is a student at hammered college and unit pennsylvania, scenery runs track. here is but he sham from the two boys ran a model united nations event at their american friends quaker school in ramallah in the west bank. the other friend is to seem a student at trinity college in connecticut. all three of palestinian descent. on saturday they went bowling for a birthday party for his chance twin cousins you turn eight. afterwards they went for a walk around the neighborhood. a quintessentially american seen in the best sense. young men with astoundingly bright futures and global routes, spending on holiday and a break from their school from demanding school work, laughing the friends and family. then it turned into a quintessentially american seen in the worst sense. they got just a few blocks when a white man in a hoodie approach them. the move to get out of his way, but the man pulled a postal and started firing without saying a word. he was shot in the glutes area and was released in the area. testing was shot in the chest. his sham was shot through his clavicle and the bullet lodged in his spine. according to his mother, he may not be able to walk again and has a long recovery. we don't know much about the intent of the shooter. we do know that the at the time three friends were shot, they were wearing traditional palestinian carson respeaking a mix of english and arabic. the suspect, a 48-year-old white male has been charged with three counts of attempted secondary murder, and are looking at the possibility of a hate crime. chris price is haitians uncle and he was visiting with him in burlington 80 joins me now. chris thank you for joining us. i wonder if you could just first give us an update on how your nephew is doing? >> well, thanks for having me and for a chance to talk about my nephew. he's demonstrating incredible resilience and strength even a sense of humor in the face of a really difficult time. as you mentioned, he did sustain a devastating injury and his road to recovery is really long. as we have been talking about it, there are a couple of facets of his recovery, one it is of course medical and rehabilitation. the other's spirits and resilience and in that the parchment, we are confident he sham is going to knock it out of the park. >> i want to go over a little bit of the statement because he can't speak for himself that he released. that was a vigil at brown university where he is a student. it is a long statement and very moving, but one of the things he says is it's important to recognize as part of the largest story that this hideous crime did not happen in a vacuum. as much as i appreciate all of every one of you today, i am but one casualty in this much wider conflict. can you tell me about his sham and's time. i'm so taken with the image of these three young men and the fact that they go to school in the west bank and that they are in new england, fancy old american schools, living these lives sort of cross straddling this wide divide. >> yeah, i will just say all three of them are incredibly young man. as you said, they were guests around our thanksgiving table as they have in the past, and my wife and i have five sons. we went to bed the night of thanksgiving and actually said to one another how lucky and grateful we were to have these three young, impressive men set an example for our sons, in terms of their intellectual curiosity, their respectfulness, their kindness towards my sons. all weekend long they were playing board games with my sons, they were playing ping-pong with my sons, they were playing fifa on the video games. as you said, they came to my eight-year-old twins birthday party. what college juniors want to do that on their thanksgiving break. but they did and they were playing with our sons. we got home from that party and as you said they decided to take a walk and get some fresh air and out of nowhere, this hateful individual stepped out of the dark and opened fire. >> i had read that his sham's father i believe if i'm not mistaken is in the west bank right? he had not wanted him to come home for break thinking obviously the situation there is very unstable and dangerous right now. there is just something horrific lee ironic about that obviously, i'm not saying anything novel here that he stayed in the quiet and calm precincts of burlington, vermont and this happened. >> yes absolutely. my sister, you see her here with my nephew has lived in the west bank for the last couple of decades and i am asked all the time don't, you worry about your sister? but you worry about your nephews and nieces living under occupation in the west bank? and of course i do. it's tragically ironic that they would come, that he would come, his friends would come spend thanksgiving in burlington, vermont of all places and this what happened to him. i feel a great sense of shame and sadness. burlington as you know chris is a place that prides itself for being welcoming, diverse, inclusive. so it's unfathomable for us and i will say that the community here has really rallied behind us and we are feeling an incredible sense of support from people here. we are really grateful for that. >> i've got to say this. covering this conflict, one of the struggles i think is relating to different parts of the conflict. and it's just human nature that certain things will grab you and as an alumni of brown, i've been very invested in the nephew and his friends story just for that silly reason, that relatability. we are just hoping the absolute best for him and i help you can keep us up today about him and his recovery. i really do hope i get to meet him at some point. >> thank you, i'll just say very quickly that brown has been incredibly supportive. they said hey whatever the problems, we will take care of. it >>

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