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congregations just because they were not willing to take on this brawler mentality. you use the words earlier, pugilistic, that is in many ways how the evangelical mind has been conditioned to expect something more than just biblical doctrine. it is now, we need you to fight against our enemies who are out to get us. >> tim, it's an extraordinary book. the book is the kingdom, the power, and the glory. thank you for writing it. congratulations. that's our show for tonight. now it is time for the last word with lawrence o'donnell. good evening, lawrence. >> good evening, alex. we all remember where we were the night that the draft opinion of the supreme court's overturning of roe v. wade came out. samuel alito's draft opinion on it. i'll never forget running down the hallways here with it in my hands, not believing that we had such a document. tonight, in this hour, i have something almost as good. and it involves what will be the opinion of the supreme court in donald trump's appeal and it is so strong that it is sending me out on the following limb. and andrew weissmann is here to knock me off that limb in a minute, if he feels like it. i am now predicting a unanimous opinion by the supreme court against donald trump on both counts of his appeal. the immunity, double jeopardy, unanimous. i don't see any other way. if clarence thomas doesn't recuse himself and hangs in there, i don't even see how he's gonna be able to find his way to ruling in donald trump's favor on any of this. this view now comes from this almost equivalent, almost equivalent of the alito leak, one of the supreme court justices will decide this, it's going to be a grave disappointment for donald trump because this is a supreme court justice appointed by donald trump, who could not be more solidly against donald trump based on what we have already seen him right about exactly this. >> wow. is this -- >> very close to that. yes. >> this is explosive, lawrence. i am very eager to hear what you have to say, and eager to see what andrew weissmann has said about. neal katyal said he didn't get was a question that scotus would reject trump's claim of immunity, but there may be but that there may be actual reporting behind it -- >> now i understand why. i understand why the opinion is so solidly against donald trump among people who already apparently knew what i have just discovered today. >> i don't know what you discovered and i want to know all about it. i will be watching. >> we'll get right to it. >> have a good show. >> we really do have breaking news tonight about one member of the supreme court's opinion about donald trump opinion that he cannot be prosecuted for any crimes committed while he was president of united states. this opinion is very bad news for donald trump, and virtually guarantees that donald trump will lose his appeal of trial court judge tanya chutkan's ruling that presidents of the united states are not above the law and can indeed be charged with crimes that they committed while in office, at least one member of the supreme court has already agreed in writing with judge chutkan's ruling. what makes this an especially crushing setback to donald trump's hopes in the supreme court is that the member of the court who fully agrees with judge chutkan is one of the three justices appointed by donald trump. that means there are likely tonight at least four votes against donald trump on the supreme court, with only one more vote needed to crush the trump appeal. the breaking news of the night is actually 25 years old. in july 1998, brett kavanaugh wrote a 38-page article for the georgetown law journal, complete with 167 footnotes. the title of what is now the most important thing brett kavanaugh ever wrote before becoming a supreme court justice is, the president and the independent counsel. brett kavanaugh reviewed the history of special prosecutors going back to the administration of president ulysses s grant. on page three of the article brett kavanaugh writes, congress can answer a question that the constitution does not explicitly address. is the president united states subject to criminal indictment while he serves in office? congress should establish that the president can be indicted only after he leaves office voluntarily or is impeached by the house of representatives and convicted and removed by the senate. brett kavanaugh would not advocate that congress pass an unconstitutional law. that sentence alone indicates the supreme court justice brett kavanaugh believes, quote, the president can be indicted only after he leaves office. page 16 of brett kavanaugh's article removes all doubt about what supreme court justice brett kavanaugh actually thinks. quote, the framers thus appeared to anticipate that a president who commits serious wrongdoing should be impeached by the house and removed from office by the senate and then prosecuted thereafter. the constitution itself seems to dictate, in addition, that congressional investigation must take place in lieu of criminal investigation when the president is the subject of investigation, and that criminal prosecution can occur only after the president has left office. and right there, in writing, brett kavanaugh destroys the totality of donald trump's appeal tonight to the united states supreme court. brett kavanaugh destroyed the idea that the president cannot be prosecuted after leaving office for crimes committed while in office. simultaneously brett kavanaugh destroys the absurd trump lawyer notion that it would be double jeopardy to prosecute donald trump now after he faced an impeachment trial in the united states senate for essentially the same high crimes. i'm going to read these two sentences again, because these two sentences prove just how quickly the united states supreme court can actually handle this appeal and write a fully authoritative opinion in this appeal because the supreme court's opinion could be written by brett kavanaugh and amount to only these two sentences, the framers this appeared to anticipate that a president who commit serious wrongdoing should be impeached by the house and removed from office by the senate and then prosecuted thereafter. the constitution itself seems to dictate in addition that congressional investigation must take place in lieu of criminal investigation when the president is the subject of investigation and that criminal prosecution can occur only after the president has left office. and of course brett kavanaugh's article quotes the constitution in full support of his position. article one, section three, clause seven, quote, judgment in cases of impeachment shall not extend further than to removal from office and disqualification to hold and enjoy any office of honor, trust, or profit under the united states. but the party convicted shall never the less be liable and subject to indictment, trial, judgment, and punishment, according to law. so the constitution says that after leaving the presidency, donald trump is, quote, subject to indictment, trial, judgment and punishment, according to law. it's all over. it's all over. the presidential immunity that donald trump's constitutionally illiterate criminal defense lawyers have invented is a fiction that will likely be crushed by the supreme court unanimously. any member of the supreme court trying to rule for donald trump will have to find a way to rewrite the line of the constitution says that a former president is, quote, subject to indictment, trial, judgment, and punishment, according to law. it cannot be done. you cannot re-write that line. donald trump will be going to trial in the case of united states of america versus donald j trump, possibly on the scheduled trial date of march 4th if the supreme court acts quickly enough in this appeal, which the court in the past is known how to do. donald trump is definitely going to trial in the case of georgia versus donald trump. donald trump will definitely go to trial the criminal case of new york versus donald trump for business fraud, and donald trump is going to trial in the criminal case of united states of america versus donald j trump in federal court in florida, where the federal judge in that case appointed by donald trump will continue to do everything she possibly can to delay the trial and help donald trump in any way she possibly can. brett kavanaugh won't be doing that for donald trump. brett kavanaugh destroyed donald trump's appeal in writing 25 years ago. there is no more important trump legal news tonight than the words supreme court justice brett kavanaugh wrote 25 years ago. leading off our discussions tonight is andrew weissmann, former fbi general counsel former chief of the criminal division in the eastern district of new york. he's the co-host of the msnbc podcast prosecuting donald trump. also with us, barbara mcquade, former u.s. attorney and law professor at the university of michigan law school. she is also the co-host of the podcast hashtag sisters in law. they are both msnbc legal analysts. and andrew, with the guidance of justice kavanaugh, i just can't see how it's anything but unanimous. >> okay, so i agree with you that the supreme court is, i think, gonna take this. they're gonna have a decision that's expedited, and i think on the double jeopardy part of the issue it's hard to see how it won't be unanimous. it's such a clear issue. on the other part, you only need five. i'll be happy with five. whether the court, there are certain justices who are stragglers in dissent, so be it. it doesn't matter as long as you get to five. that's the famous -- sandra day o'connor was asked what's it like being on the supreme court and she said you want to know what it's like? five. it's all about how you get to five. i'm a little bit sanguine then you are with respect to the kavanaugh article. this is why. the court has already said, with respect to civil liability, of the president, that he has civil liability, or she, eventually, will have civil liability if the president has acted within the outer perimeter of his authority. and so the issue for the court here i think will not be so much can a former president not be prosecuted no matter what he did, in other words if he goes on fifth avenue and shoots somebody, that clearly brett kavanaugh saying saying that you can be prosecuted for that. as a former president. frankly, you can be prosecuted for it as a current president. the issue will be this issue of the outer perimeter. whether the immunity will be like civil liability, where as long as the president was acting within the functions of the office of the presidency then will he enjoy the same immunity that he has in the civil realm in the criminal realm? that's something the d. c. circuit was recently dealing with. and so i think that will be the issue, less than a categorical bald faced claim by trump's lawyers that no matter what he dies, even if he kills somebody on fifth avenue. so i think that kavanaugh's article is useful for the broad claim, but it doesn't answer the narrow climb. having said, this is like super nerdy because at the end of the day, i do think they will be at least five justices who say that in this case, the case can go forward. en banc -- -- -- >> barb mcquade, the trump lawyers are not arguing a narrow point here. they have said he can do absolutely anything and you cannot prosecute him if he does it while he is president. >> that's right. that claim is absurd. we heard that once before when the manhattan district attorney was issuing subpoenas to investigate donald trump back a couple of years ago. the supreme court rejected that argument that the president couldn't be investigated in a criminal case. that was a sitting president. but here i think the answer is going to be, as andrew says, more focused on whether this was in his capacity as president has not or not. as we have seen judge chutkan right, as we saw the d. c. circuit court of appeals right in a civil matter, when donald trump was pushing to change the outcome of the election as alleged in the indictment, he was acting as a candidate. he was wearing his hat as a campaigner. he was not executing the duties of the presidency. because he wasn't acting in that role, none of his conduct is covered by any immunity that he might have. >> and andrew, i can just hear it now, when we're in the supreme court argument on this. and justice kavanaugh asks any question at all of the government, these words from justice kavanaugh 25 years ago are going to be repeated, if not already in the brief. >> absolutely. he's going to be very aware. all the other justices are going to be very aware. and of course everyone already knows he was part of a sort of type of special counsel and so he has written and has views that he has voiced about this not exact predicament, but pretty darn close. that's why i just think he and justice roberts, i think, are going to be, at least those two, will be joining those three so-called liberal justices. and that gets you to five. and as i said, who cares after that? and this is one where to try and analogize this to the civil context is one where i would strongly urge everyone to read judge chutkan's decision, because she just goes chapter and verse through the text, the structure, the history, and then the logic of why it makes no sense to apply the same rules of civil immunity that former president enjoys in the criminal context, because of course criminal context is much more serious. we as the public shouldn't be tolerating that and there is nothing in the constitution, to be clear, the constitution is silent about presidential immunity. so all this would be invented by the court, the same court doesn't want to invent rights about a woman's right to choose. for them they would really be creating yet another right when it suits them. i don't think they will have five votes in the court to support donald trump's position. >> meanwhile, barbara there is wrangling between jack smith and the trump criminal defense lawyers about what exactly can happen in this case while an appeal is pending. can any more discovery go on? does it all have to shut down? but it seems like this is a largely academic point at this stage, since the supreme court seems to be moving very quickly here. >> it is and it isn't. even quickly for the supreme court is probably gonna be weeks and not days. they've asked for the response brief from donald trump as to whether the court should even take up the question by december 20th. and so to keep things moving for that march 4th trial date, i think jack smith very much wants to continue. a number things need to be done to resolve some other pending motions. they want to get on with our motion practice under the classified information procedures act, which talks about how they're gonna handle classified information. there are notices that need to be filed for expert testimony and other things. i think jack smith wants to keep that rolling. donald trump's lawyers are saying, no everything must halt while this is on appeal. i think it's clear the trial can't take place until the appeal is decided. i don't think it's clear that the pre trial proceedings have to stop as well. >> barbara mcquade, andrew weissmann, please stay with us. we're gonna squeeze in a commercial break. when we come back there is defendant giuliani news from the sidewalks of washington d. c. where he has said things that have gotten him into even more legal trouble in the last 24 hours. ♪ and struggle with cpap. you should check out inspire. ♪ no mask. no hose. just sleep. inspire. sleep apnea innovation. learn more and view important safety information at inspiresleep.com 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 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dollars in damages to two women who successfully already sued rudolph giuliani for defamation. a federal civil jury in washington d. c. is now considering how much money they will force rudolph giuliani to pay the farmer of fulton county election workers, ruby freeman and shaye moss -- for the lies giuliani told about them. whatever the jury may have been no considering went up, when plaintiffs were able to show the jury now this video of giuliani committing defamation against the two women once again last night outside the courthouse. >> whatever happened to them, which is unfortunate for other people overreacting, but everything i said is true. >> do you regret what you did to ruby freeman? >> of course i don't regret it! i told the truth. >> what a sick, sick. man. rudolph giuliani zone lawyer has already said in court yesterday that ruby freeman and shaye moss are, quote, good people. that's his phrase. federal judge beryl howell questioned giuliani's lawyer today about how giuliani could have stood outside the courthouse last night and committed exactly the same offense against ruby freeman and shaye moss that has him facing a damages judgment now. the new york times reports, mr. sibley the lawyer also suggested that the long days in the court room could be taking a toll on mr. giuliani, 79. judge how asked mr. sibley if he was concerned about his clients age or mental capacity issues. mr. sibley said he had not seen evidence of that yet. we'd off to the enemy is facing criminal charges in georgia for his attacks on these same women. at the age of 79, a remainder of rudolph giuliani's life will be in the hands of tours jurors in washington d. c. and georgia, who could decide that the final chapter of his life will be spent bankrupt and in prison. andrew weissmann, barbara mcquade are back with us. andrew, needless to say none of us have ever seen anything like rudolph giuliani, and there he is doing on the courthouse steps but he is charged with in the courtroom. >> so this is a man who used to be a senior official of the justice department. he used to be the u.s. attorney in the southern district of new york. he was the mayor of this city. it is a real sign, almost an example, an illustration of what has happened in this country when you see me in terms of how he has changed in terms of his conduct. this is one also where i was thinking the rudy giuliani apple did not fall from the donald trump victory because donald trump, if you recall, did just this after he was found liable for sexual assault of e. jean carroll. he then went out the next day and do the same thing again. that is in fact going to be the subject of an upcoming trial in the southern district of new york against donald trump. and here it happens in realtime, where the plaintiffs, who have been found to have been injured, then put on this evidence today so the very next day, and remember, the jury is going to be asked not only what are the compensatory damages, how have they been actually hurt, but what punitive damages? what do you need to do to send a message to rudy giuliani and others like him to prevent this from happening again? >> barbara, when it comes to rudolph giuliani's ability to pay,, that depends on how much donald trump wants to help. and >> it also depends on what asset assets he has. when the judgment against someone there could be a creditors exam could be taken, wages could be garnered, profits disgorged. and one thing that's really important to take note of here, lawrence, is intentional torts like defamation or not dischargeable in bankruptcy. it may be the ruby freeman and shaye moss are able to chase rudy gianni to his grave to catch any penny they can. out of his pockets. >> they may be chasing him in a prison cell in georgia, andrew, because this is the same, some of the same information that has seized him criminally charged. >> this is the civil case in the d. c. the beryl howell is overseeing but these allegations, i should even say that because they have been found by beryl howell, these facts make up part of the charges in federal case we were talking about in the first segment and the georgia state case. so no matter what happens with presidential immunity, that state case cannot be barred. that can go forward. these allegations are going to be part of both of these trials. >> andrew weissmann and barbara mcquade, thank you both very much for starting off our discussions tonight. >> thanks, lawrence. >> coming up, ukraine's president volodymyr zelenskyy came to washington today to discover the president and democrats in congress eager to help ukraine while being blocked by the moral bankruptcy of republicans who are following donald trump's lead to help vladimir putin. that's next. so now, do you have a driver's license? oh. what did you get us? [ chuckling ] with the click of a pen, you can a new volkswagen at the sign, then drive event. sign today and you're off in a new volkswagen during the sign, then drive event. there's something going around the gordon home. good thing gertrude found delsym. now what's going around is 12-hour cough relief. and the giggles. the family that takes delsym together, feels better together. there's something going around the gordon home. good thing gertrude found delsym. now what's going around is 12-hour cough relief. >> it's very important that by and the giggles. the family that takes delsym together, feels better together. the end of next year we get sent a very strong signal of our unity to the aggressor and the unity of ukraine, america, europe, the entire free world. >> but many republicans want to send very strong signal to the aggressor all that they support the aggressor because donald trump supports the aggressor, vladimir putin. >> the russian loyalist in moscow celebrated when republicans voted to block ukraine aid last week. the host of a kremlin run show literally said, and i quote, well done, republicans. that's good for us. if you are being celebrated by russian propagandists, you it might be time to rethink what you're doing. history will judge harshly those who turned their back on freedom's cause. today ukrainians freedom is on the line. but if we don't stop putin it will endanger the freedom of everyone almost everywhere. >> a deeply ignorant and morally empty republican speaker of the house explained today why he and other republicans are blocking aid to ukraine. >> we need clear articulation of the strategy to allow ukraine to win. >> united states of america did not ask winston churchill what his strategy to win wise when adolf hitler was relentlessly bombing london. the united states of america helped the british anytime any way possible long before the united states was forced to join world war ii when japan attacked pearl harbor. in fact united states support of the british resistance to hitler's aggression was only strengthened by the fear that the british might lose. what republicans don't know is the moral question of who's side are you on in war is not answered by the answer to the question who do you think's going to win. joining us now is timothy snyder, professor of history at yale university. author of the road to an and freedom. russia, europe, america. professor snyder, here is president zelenskyy on another trip to washington. by the way should not go unnoticed that ukraine is doing well enough, is stable enough in this war posture, that the president of ukraine can leave the country and come to united states. that wasn't something we thought was going to be possible at the beginning of this war. but here he is, welcomed by the democrats, and essentially rejected by the republicans. >> at the beginning of this war the american consensus was ukraine would be defeated in three days. ukrainians have done a great deal more than anyone could have expected, i think a great deal more than anyone, that they than the themselves expected. what they have done applies to us as well. they've been doing things for us that we can't do for ourselves. they're holding back a full scale russian attack in europe. they've killed or wounded 90% of the size of the initial russian armed forces. they've taken back more than half of the territory which russia took. they showed china just how hard an offensive operation would be, thereby making a much less likely that they would be a war in the pacific. generally defended the international order. they've done all of this for themselves, of course, to stop the genocidal war. but they've also benefited us hugely. so there is something touching, but also, as you say, it's a bit strange that not just the president of ukraine can come, of course he can come, but that he has to ask at all. >> the republicans don't seem to have notice that vladimir putin does not have a strategy to win. >> any historian will tell you that wars are unpredictable. it's not a script they write. it's not oppressively. press release. it's not a soundbite. if you want to win a war you have to first commit to finding citing. it. then you have to decide which side you are on. the russians started this war on the false premise that ukraine collapsed and putin has to keep fighting it because he can't stand a loss of faith, face, he can't take the risk of a neighboring democracy defeating his tyranny. so he'll stay in. but he believes that his best battlefield is the capital. he knows he can't defeat the ukrainians at this point militarily if we continue to assist. so his bat, and they're quite open about that, in russian propaganda, as president biden was saying, the quite open that they think that their best hope is that the americans back down. that's their best hope. in fact it's there one hope. but if we do back down, we will take all these things that we are taking for granted, all the security that we are reaping from this, we then lose. it. >> let's listen to what president zelenskyy today said about negotiating with russia as some republicans want him to do and give up some territory. >> we are talking about human beings. they are being under tortures, they are being raped and they are being killed. and those voices which offered to give up our territories, they offers well to give up our people, and it's not a matter of territory, it's a matter of lives, of families, of children, and their histories. i don't know whose idea it is, but i have a question to these people if they are ready to give up their children to terrorists. i think no. >> reframing it into asking as to give up people, they have been asked, basically asking them to give up territory, is so important today. >> when i look at the expressions of some of the congress people talking about ukraine, they seem so abstract and so distant to me. i'm just thinking about a map and colors on maps, but we're talking about millions of people, tens or hundreds of thousands of children have been kidnapped, untold numbers of women who have been raped. unfortunately a huge number of civilians, including civilian and local leaders, murdered in in a war that russia announces over and over again to be genocidal. we like to think of ourselves as the people who would act to stop that sort of crime. in this case in order to act all we have to do is support people who are perfectly capable of defending themselves. on the issue of negotiation, russians have made it quite clear that they are not interested in negotiating. so even if the ukrainians are willing to give up people, which is what land means, the russians just want to run them into the ground. they make this clear over and over again. i don't really see why the suggestion for negotiation from our side will make a lot of sense. >> what do you imagine putin's personal reaction is, having studied him the way you have, as he watches this unfold in washington? >> the surprises for him are on the ukrainian battlefield when ukrainians stop the russian army, driven much of the russian block fleet out of its own ports, they've opened a commercial corridor for greens grain shipping. these are all bad surprises for russia. the good surprises over how things are going in the united states. because we have no reason to be fatigued. the amount of money we are given to ukraine's and nickel on the defense department dollar. of that, nicole about four cents actually stays in the u.s. anyway. right? so, he's experiencing some good surprise. a positive surprise. in the sense, things are going better than you had hoped, sooner than he had hoped. his hail mary's, trump wins in 24. what he is now starting to dream of is that even by late 2023, he's gonna get some good news. >> professor timothy snyder, thank you very much for joining us again tonight. >> glad to. >> coming up, if you lose your job, how long could you survive? how would 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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. >> abraham jeke, who was in seventh grade, wants to be a carpenter. he told me that when he becomes a carpenter he wants to work and one of the factories in malawi where these desks are made. >> this is a factory where the desks are made. right there. we and that's where we hope you will go to work, in that factory right there. >> [speaking in a global language] [speaking in a global language] >> these desks are now the career ambition for some of the kids in malawi who now have desks like these in their classrooms for the first time, thanks to your generous support of the kind fund. kids in need of desks, a partnership i created with msnbc and unicef to provide desks to schools in malawi that have never had desks, and scholarships for girls to attend high school in malawi, where public high school is not free and the girl's graduation rate is less that half of that of the boys. elizabeth is a welder at one of the factories in malawi that makes the desks. she made the desk that her son now sits that every day in his classroom, a classroom full of desks that his mother made. and now elizabeth's son wants to work with his mother in the desk factory when he grows up. >> i can tell him that if you should be working hard in school, he should be also haitian in completing his education, then we will take him so that can learn fabrication and welding. >> going to high school in malawi and then technical college is a heroic achievement for malawi students, and it is much, much more difficult for girls to do that than for boys. if parents in malawi can afford high school tuition fees, they are more likely to send a son to high school then a daughter. so for girls to grow up to be welders in that factory, like elizabeth, they need help but that you generally provided to the kind scholarship fund for girls to attend high school. you can contribute any amount at last word desks dot msnbc. com. you can specify that your contribution is for desks or scholarships, and you can make a donation in the form of in the name of anyone on your holiday gift list, and unicef will send them an acknowledgment of your gift. no contribution is too small. $5 can go a very long way in malawi. this woman is also a welder act that desk factory. i showed her a picture of abraham and told her about his ambition to become a carpenter, making desks in that factory. >> what would you say to abraham to encourage him to stay in school so he can come and work here? >> i want to encourage him. he needs to be a good boy at school. he needs to be someone who can trust himself. so he could get what he wants. yeah. so when you finish your plan at school, you can go to secondary school, then you can go to the technical college, so he can learn how to make desks. -- fabrication and welding, so he can know how to make some things like desks, chairs, and tables. i want to encourage him. yeah. he makes a good decision. >> when we delivered desks to abraham's school in october, he was one of the students who helped carry the desks into the classrooms. >> what did it feel like today to sit at your desk for the first time? >> [speaking in a global language] [speaking in a global language] [speaking in a global language] [speaking in a global language] >> did you help carry the desks? >> yeah. >> we are up on the truck? >> -- >> was it fun to carry the desks into the classes? >> [speaking in a global language] >> abraham was more than happy about the desks. and it's not just the students who are happy. >> we are happy to making some money, for the village, and -- four siblings and -- the village. >> what were you doing before this job? >> i was at school. >> so you don't have a job? >> yeah. before i never worked anywhere. >> so without these desks, what would you be doing now? >> i don't know. >> what would you be doing if this job wasn't here? >> i don't know. >> so it's good that you have to make these desks here. so that these jobs are here. >> yes, it's good. we are happy. we are getting money. we can buy what things we want. we are happy. and we ask you to give us more and more jobs so we can survive. >> more desks? >> yeah, so we can survive. >> so we can survive. that's what these jobs mean to the workers in malawi factories. making these desks. these desks are about survival for them and their families. these desks feed their families. that is what your generosity has been doing in malawi and continues to do. >> it was so great to be one of the unicef members because i knew that i would learn in school, i would complete my education. i could be what i want in the future. >> do you think it would be easier to do writing on the desk? >> [speaking in a global language] [speaking in a global language] [speaking in a global language] [speaking in a global language] [speaking in a global language] >> we will take care of these desks. that is a real promise. from abraham jeke, who will, some day, with a little luck and a lot of hard work, the making these desks. and maybe, like elizabeth, abraham will be making these desks for his own children. that's the way in this season of giving your generosity and kindness can change lives in malawi. >> [speaking in a global language] [speaking in a global language] [speaking in a global language] [silence] ♪ [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 you're probably not easily persuaded to switch learn more and view important safety information mobile providers for your business. but what if we told you it's possible that comcast business mobile can save you up to 75% a year on your wireless bill versus the big three carriers? did we peak your interest? you can get two unlimited lines for just $30 each a month. there are no term contracts or line activation fees. and you can bring your own device. oh, and all on the most reliable 5g mobile network nationwide. wireless that works for you. >> tonight's last word is a it's not just possible, it's happening. programming note. i'm going to take some of my christmas vacation for the rest of this week. but i will be back on monday. and then, a week from tonight, on this program, i will be interviewing the vice president of the united states, kamala harris, at the end of the most challenging year the biden administration has faced internationally. and before the biden harris ticket embarks on its second presidential campaign. vice president kamala harris will get the last word right here on msnbc at ten pm next tuesday night. that is tonight's last word. "the 11th hour with stephanie ruhle" starts now. >> tonight, donald trump's latest delay tactic, just one day after jack smith asked the supreme court to weigh in. plus, an election worker testifies in the defamation case against rudy giuliani. and president zelenskyy goes

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