that is that is our show for tonight. now it's time for the last word with lawrence o'donnell. >> good evening, alex. you know it is friday night when i have not remembered to turn off my phone. >> weight, my phone rang during the show. >> that has happened to me but it won't happen tonight because it's fixed. >> it's been a long week. >> it has, and we are going to talk about the supreme court decisions and i need this because i don't know the difference between nitrous oxide and whatever the other thing is and so, which chris hayes and you both explained beautifully but neil is going to take me through it again. >> he is the guy to ■çhave. it's a very big day at the high court. i will be watching. okay, 24 hours later, if you are ready for some calm analysis about what we also last night, this is the place to be for the next hour. the very first thing you need to know about what we also last night is that most voters did not see it. it was the lowest rated presidential debate in a very long time. it had the smallest audience of any first presidential debate in the 21st century and only about one third of the people who voted in the last presidential election actually watched the debate. only 51 million viewers out of %-@last time, so, two thirds of the voters did not see a second of what happened last night, and that is an important number to have in mind when you consider the impact of presidential debates because everyone who thinks that thing last night was some kind of big problem for joe biden believes, without evidence, that the debate changed the minds of undecided voters even though undecided voters are the most likely kind of people to not watch debates, like last night. in 1980, when we had about half the voting population we have now, half the voting population we have now, the presidential debate got 80 million viewers. almost every voter■ç watched th debate. in 1980, 85 million votes were cast in the presidential election, and 80 million people watched that debate. that is a big difference. faithful audiences of this program will know that i have in every presidential campaign season, insisted repeatedly that these so-called debates that were invented by and for television, do not test anything that is actually part of the daily job of the presidency. no one ever runs into the oval office and says mr. president, you have two minutes to explain your position on some subjects. presidents discuss one subject at the time of the oval office. they do it in detail for as long as they want or as short they read briefing papers, if the name is not trump, about that subject, before each of those discussions. most presidencies never have an emergency, a run in the room emergency. there is never a moment when someone rushes in, giving the president an immediate emergency problem that the president has to solve. that did happen to one of those candidates on the stage last night, and when he faced that emergency, his choice was to do absolutely nothing for 187 minutes. he froze for hundred 87 minutes on january 6 while his supporters were attacking the capital and trying to overturn the presidential election through violence. ■ç last night, and donald trump's first debate appearance since january 6th, the debate moderators did not ask him what the january 6 committee very much wanted to ask him. what were you doing for those 187 minutes. instead of that hugely important question, the very first question written by a committee, as these questions always are in these kinds of debates, the very first question about trump was do you want to impose a 10% tariff on all goods coming into the u.s. how will you ensure that that doesn't drive prices even higher ? trump. it's not going to drive them higher. that's it. ■ç that was the answer. it tariff, by definition, is an increase in the price. that is the very point of tariffs, to increase the consumer price of imported goods, everything from clothes to cars. in trump's case, a 10% increase on the price of every single thing imported into the united states, so a new $4000 tax you would pay on a $40,000 car. that $40,000 car becomes a $44,000 car because of donald trump's tariffs. this debate that was not a real debate pretended the tariffs are not tariffs. they let that happen. the better question to donald trump would have been, what is a tariffs, because he proved last night that he doesn't knowç . he proved that his true believers do not know what a tariff is. donald trump said that his tariffs were going to force china quote, to pay us a lot of money. that was the very first of donald trump's long list of lies , over 50 of them, in that so- called debate. american tariffs can only be paid by american consumers of those goods, a 10% tariff on chinese goods will not cost anyone in china one penny. it will not cost the government of china a penny. no business in china will be cost a penny by a truck tariff. this is the kind of lie that the presidential debater would ever have attempted to tell prior to donald trump and it was the least of his lies. ■ç >> i didn't have sex with a porn star. >> you now live in a country where most of the world has declared a liar and convict the winner of the debate. he struggled with his voice and that has nothing to do with the job of the president, a format that does not test the job of the president. most of the coverage of the event actively encourages voters to look at that as superficially as possible, and focus only on what the commentators call the performance, and deliver the policy.■ç the word panic started showing up on banners on your television screens and then of course, came the unrealistic notions that there is a match of the candidate who can emerge to pick up the banner as the democratic presidential nominee . not one person who makes that suggestion has said who that magical candidate is, and how went through what process the nomination could be delivered to that magical candidate. the new york times editorial encouraging joe biden to leave the race published tonight at least admits, perhaps inadvertently, at the end, that the new york times does not have any idea how this should happen, because the editorial says the democrats must quote, create a process to select someone more capable■ç to stand in his place to defeat mr. trump in november. create a process because the process does not exist, and there is no polling data to even begin to suggest that that candidate exists. there is no polling data. the other democrat, the only other democrat to this day who has ever pulled well against donald trump, the only democrat is joe biden. the second best polling candidate among democrats against president trump is actually vice president kamala harris. the magical dream candidates are completely unknown to most people in the country, and not one governor■ç polls anywhere close to kamala harris or joe biden and not any one of those governors has ever raised one dollar of campaign funding that can be used in a federal presidential campaign. they don't have one penny to run with, and that is not a minor technical point. campaign money is not some minor technicality. i heard this talk once before on the democratic side in 1992 at exactly this point on the calendar in june when bill clinton was running third, at a tiny 25% of the vote against ross perot's leading 39%,■ç and president george hw bush is 31%, and there was panic in the halls of congress about that where i was working at the time. there was much talk of trying to replace bill clinton as the nominee even though he had the nomination locked up through the primaries. there was talk of somehow getting mario cuomo, the governor of new york, who already refused to run for president of that year to take the nomination somehow away from bill clinton or george mitchell, then majority leader of the united states senator and i knew and worked with george mitchell in those days and i knew that talk was preposterous. george mitchell knew it was preposterous and it was being pushed by other members of congress, including senators, who knew absolutely nothing about the complexity of running a presidential campaign■ç. they were all dreaming about something none of them knew how to do, and in the end, all that panic was for nothing. bill clinton won. they won with 43% of the vote. the next time we saw this kind of panic was on the republican side in 2016 when the access hollywood video came out and prominent republican started removing their endorsements from donald trump that very day. and, talking about finding a way to replace him as their nominee. republican congressman jason chaffetz made his one and only appearance on this program that might on the access hollywood tape and he said this. i can't, you know, my wife and i, we have a 15-year-old daughter.■ç how in the world can i lick my 15-year-old daughter in the eye and say honey, you know what? your dad endorses donald trump for president. i can't do that. and i won't do that, and that is why i am withdrawing my endorsement. >> he was not the only one. a bunch of endorsements were withdrawn that day. no endorsements, none have been withdrawn from joe biden, none. jason chaffetz daughter is now 23 years old, and she has watched her father fully endorsed donald trump for president three times now, three times in a row because only 19 days after jason chaffetz said that on this■ç program, he reversed himself and announced that he was fully for donald trump for president and did not explain to anyone how he explained that to his daughter. and, we know who won that election. in fact, the party has ever abandoned the nominee. the last time we saw something close to it, a presumptive nominee, drop out of the race was in march of 1968 when president lyndon johnson announced he would not run for re-election. his vice president, hubert humphreys, who did not run in a single primary, won the nomination at the convention in chicago because back in those days, most of the delegates went to the convention free to vote for anyone. that is never happened again because the rules change beginning in 1972 that created the current system of voters choosing the nominate ■çthrough primaries, and it is worth noting in 1968, which you can read all about in my book about that presidential campaign called "playing with fire," hubert humphrey lost that election to richard nixon by less than 1% of the vote, and the humphrey campaign quite reasonably blame their loss on not being able to raise enough money in so short a time, and not having enough time to build the presidential campaign around the candidate who was forced to enter the race so late, and not run in a single primary. we will get our first major clues about the effect of last night's debate, which was not seen by most voters until polls begin to■ç emerge sometime next week. focus groups last night indicated no real shifts among voters. there was an overnight poll indicated -- indicating no shifts among voters. one of the striking things about focus group responses is that they knew donald trump was lying most of the time even without donald trump informal effect checked at the event. with the debate behind them, both candidates got back on the campaign trail today. >> we win here, we win the election. and this is how we are going to do it. were going to stand up for the women of america. we are going to restore roe v. wade as the law of the land. we're going to stand up for the right to vote. we're going to stand up for ■ç medicare and social security. we are going to fight for child care, paid leave, and eldercare. we are going to keep lowering the cost of prescription drugs for every single american. we are going to keep protecting the affordable care act. that is why more than 40 million americans have health insurance today. we are going to protect our children and get the weapons of war off our streets. we are going to provide clean drinking water, affordable high- speed internet, quality education for every child in america.■ç we are going to secure our border and protect legal immigration. and unlike the other guy, we are going to stand up to dictators like putin. america bows to no one, no one, no one, ever. folks, we are going to keep dealing with the climate crisis. >> level warming is fine. >> how about the fact that 40 out of 44 top advisers including his vice president not supporting him this time around, the people who know him best, 40 of them so that i will not support the man i worked for this time around. it tells you a lot.■ç he lied about how great he was on crime. had to remind him that he oversaw a record increase of murder rates in 2020. on my watch, violent crime is at a 50 year low. then i pointed out that the only convicted criminal on the stage last night was donald trump. when i thought about his 34 felony convictions, his sexual assault on a woman in a public place, his being fined $400 million for business fraud, i thought to myself, donald trump is not just a convicted felon. donald trump is a one-man crime wave. >> bidens department of justice has wrongly prosecuted hundreds of americans for peacefully proásting on january 6. >> and then, his biggest lie. he lied about how he had nothing to do with the insurrection on january 6. we also with our own eyes. we watched it on television. we saw thousands at his direction attacked the capital. we saw police being attacked, the capital being ransacked, a mob hunting for pickers -- speaker pelosi, gallows literally being set up for mike pence then he told them as he sat in■ç a private dining room, he sat there for three hours watching tv. he did not a single thing to stop it. nothing, nothing at all. i know we have more to do to get prices down. we have to take on corporate greed. they are making twice the profit they were before the pandemic. we've got to make housing more affordable, provide childcare, make the tax code fair. 16 nobel winners of the economic nobel prize have looked at my economic plan this weekend issued a report, and it trumps plan. here's what they concluded. they said my plan would continue to grow the economy and bring down inflation. 16 nobel laureates, and that trumps planets in the nation into recession and inflation soaring through the roof. >> all they know is electric. they want electric army tanks. they want electric planes. what happens if the sun is shining while you are up ■çin t air? you know, i told you there would be problems there. now they want electric everything. i don't -- folks, i don't walk as easy as i used to. i don't speak as smoothly as i used to. i don't debate as well as i used to, but i know what i do know. i know how to tell the truth. i know right from wrong. and i know how to do this job. i know how to get things done.■ i know, like millions of americans know, when you get knocked down, you get back up. >> coming up after 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[ speaking minionese ] i'm gonna smoke this guy. you've gotta be kidding? better? >> all right, >> all right, so, last night, president joe biden and donald trump had their first debate in earlier today, the president said himself, it was not his best performance, but there are three things that were true yesterday before the debate that are still true today. let's level set on this, all right? first, the stakes of this race could not be higher. second, the contrast in the selection could not be more stark. and third, ■çwe believe in our president, joe biden, and we believe and what he stands for. and, to that point, and, to that point, we all know, let's not forget, he beat donald trump points, and in nevada, with your help, we are going to do it again. and, we are going to win. >> leading off our discussion tonight, chief political, list for puck, and msnbc affairs■ç analyst. zerlina maxwell is with us, author of "the end of white politics, how to heal our liberal divide," and stuart stevens as joining us, veteran of five republican presidential campaigns and senior adviser at the lincoln project . he is the author of "it was all a lie, how the republican party became donald trump." stuart, i would like to begin with you. i referred to you on the other side of this commercial break is the person who ran the last sane republican presidential campaign, which was, of course, 2012 with mitt romney. you have been around that panic by before. i mean, you remember 1992 with what we saw when the access hollywood video broke. people were pulling endorsements from donald trump that day, within minutes. we are not anywhere near that in terms of public officials, public endorsements with joe biden, but you have seen all this before. what do you make of it? >> look, you know, you have to ask yourself would you rather be my guy or the other guy. would you rather be joe biden in this race? i don't think any of the structure of the race changed last night and i think you are seeing that in the polls. using joe biden go up one. after the first debate with kerry, bush dropped i think five. president obama dropped about the same when he debated mitt romney, so i mean■ç, i think somehow or another we sort of went crazy thinking that donald trump won one election with 46.2% of the vote and that everything we know about politics changed. i don't think it did. you had a guy up there was a convicted felon, who has been found liable of sexual assault by a jury has been bragging about overturning roe v wade, which has a bizarre rationalization or argument that everyone wanted roe v. wade to be overturned, a guy talking about tax cuts for billionaires and by the way, he thinks america is a third world country. the is not going to be elected i rqráh%ust not. >> zerlina, you cheated. you did the thing that pundits are not supposed to do. you talk to voters. we are all supposed to just guess what voters are thinking or pontificate as if we know, but you had them on the phone on your radio show early this morning. what did you hear? >> no, lawrence, i talked to voters every single morning on my radio show and this morning, i woke up distraught but then when i actually talked to real people, real americans all over the country, lawrence, they were saying that joe biden on his worst day is still better than donald trump, and every single person i spoke to this morning, lawrence, it was not a huge sampling but about 10 people all over the country in all different states, saying the same thing. they knew it was not a great debate performance, but i think that we are comparing it to the state of the union address and everybody expected joe biden to show up and be state of the union ■çjoe biden but when he wasn't that right out of the gate, even though he got stronger as the night went on, everybody started to freak out and when i say everybody, i mean democratic operatives, political pundits, not regular people who were looking at the debate and assessing whether or not the candidates knew what they were talking about, lawrence, and that is one of my biggest problems with this entire infrastructure of media that doesn't just point out that donald trump doesn't know anything about public policy. he's never known anything about public policy. he's never been able to explain anything about public policy and he lies about basically everything. that is what he did for 90 minutes on thursday night so we are just supposed to take that is fine, and i think what was clarifying for me is that voters do care about public policy■ç, but the maga base. they don't care and republicans don't care but that doesn't mean we shouldn't care in the media. we should care that the candidates running for the highest office in the land understand what they're talking about. >>.com john, stuart just mentioned the poll, the only one we had so far, i saw that, and the changes biden moves up one point. that is postdebate. i don't talk about polls much on the show because i don't think they're going to be much until we get further down the road. that is also registered voters, not likely voters. we can't see anything in that. we could not see anything in the focus groups last night. we presumably will have polls next week will■ç -- which will the first polls to pick up what happened last night. >> i think if you are in the biden campaign right now, they wanted to reset. they don't think they are ahead. they think they can win, but they don't think there and had right now. they change the rules in ways that would benefit them and i think a lot of people think warily that those rule changes actually ended up helping prop keep calm. one of the things you like about how this worked out is that the audience isn't that big, as he pointed out earlier in the show, and it is early enough that pro or con, if you're talking about, as they often do, 6% of six or seven states that her undecided, persuadable voters out there and you're still months away from election day, so much is going to happen between now and then, ■çsome known, some unknow, that they can use a lot of time to overcome this whatever this turns out to be, so from their standpoint, they've got to get through the next two days. you have not just pundits, but you have donors, elected officials, panicking in the democratic party. they have to have a strategy to get that -- through that period and you know the biden campaign is not enjoying this period right now. this strategy is hey, if it just moves the dial, he goes down in michigan stays flat a couple of places you look up and say hey, back to stuart's point, the race is still the same, we can still win, we can get through this. we have a lot of time to make up whatever last opportunity was here. >> stuart, everyone john is talking to in the backstage world of big-time politics and he has the best sources■ç there that is all the same kind of character who -- big donors, members of congress, players in the party, same kind of character who was profoundly panicked about bill clinton when he was running third in june on this date in 1992 at 25% behind ross perot at 39%, the independent candidate. they were all exactly the same way, and the clinton strategy as far as i could tell from where i was sitting in the senate staff at the time, was to ignore it, and the people in the senate felt how they were being ignored. in what they thought was a crisis for some of them thought they had something helpful to say. how do you expect the biden campaign■ç to handle what john describes as the next two days going into next week? >> i think we've already seen that. they had a great event today in north carolina. biden was on fire. nobody's trying to say that hey really, this was a fantastic performance. you know, there are some moments in campaigns you can't talk your way out of. you just have to put your head down and keep going, you know, like bill belichick says, play the next play, do your job, and i think they understand that. i think they are a patient campaign and if something happens in june to determine the presidential election, it would be the first time in america and it's not going to happen. if biden had a home run last night, i mean if donald trump had been jerked from the stage drooling it really wouldn't of affected the race that much. there are two very different universes that they are talking to, and i just go back to the point that biden made. i do not believe that most americans want a president who thinks that we live in a third world■ç country that is a matt macksood hell skate . the olympics in paris, were supposed to feel bad when they walk in with the american flag? it's just so contrary to what it is to be an american and what it is to be an american president, i just think it has a ceiling and it's not going to work. >> zerlina, hold that thought. we are going to take a quick break and be right back. we are going to take a quick break and be right back. have you ever thought of getting a walk-in tub for you or someone you love? now is a great time to take a look at getting a safe step walk-in tub. with safe step's standard heated seat and new fast fill faucet, you can enjoy a nice warm bath up to 20% faster! and the convenient touch pad control is right at your fingertips. each tub comes standard with a dual hydrotherapy system. the ten water jets can help increase mobility, relieve pain, boost energy, and improve sleep. while the microsoothe advanced air therapy system oxygenates and softens skin. safe step walk-in tubs are built to maximize safety. so you can stay in your home and enjoy the comforts of bathing again. so call now for more information and a free no obligation consultation. >> at least he >> at least he was honest and truthful. he had a message. he just did not have an opportunity to express it as well. >> zerlina, those were georgia voters we just heard the morning after , similar to what you were hearing. >> exactly, lawrence. i think people were waiting to hear what the candidates had to say about how they're going to make their lives better. that is why people tune into debates. other than pundits, regular people are not■ç tuning in to s and assess the quote unquote, performance. there actually listening for substance because a lot of americans were very terrified during the pandemic. the economy crashed. they're dealing with the inflation of the high cost of living and they wanted to hear what the candidates had to say. now, only one candidate came with substance and while he was not able to smoothly deliver it, the other candidate, donald trump, he just lied for 90 minutes. i was like, he did not say anything true unless it was by accident. he also said he was not going to accept the results of the election and the fact that we are now talking only about that today is a little bit nuts and i feel like what may be saner this morning is the fact that i was talking to regular people who are not in the political class or not watching the same way political professionals do, and it brought me back down to earth because they were listening for policy. >> john, what is happening■ç inside the biden campaign in dealing with this? they obviously have to try to calm a bunch of people. >> i think one thing was obviously a thing that matters a lot for the biden campaign is that they continue to be a well- funded operation. they've had this fundraising for a long time. they know this is going to be a very close election. nobody thinks they're going to win this race easily. it's going to be a margin of error race all the way to the ends of one of the biggest concerns of some viewers and others have■ç said, talking abo donors. the biden campaign talks a lot about donors. his fundraising in new york right now and that is a big part of the strategy because among those people freaking out the most in the political class, in addition to members of congress, senators, governors, everybody worries not only that biden might lose but drag everyone down with him. that is why we saw hakeem jeffries today go i'm going to wait and see what happens. that was kind of surprising thing. why? the speaker of the house is a fundraising job. he talks to donors all day long. they need to talk to a lot of donors because a lot of donors did not necessarily want biden to stick around after he had a very successful -- and they are now a little sort of aggrieved in addition to worried so there's going to be a lot of donors stroking going on for the next few days and they've got to get through this media cycle and get to monday and ■ç start to see some of those numbers they can point to that they are hopeful, they will be able to say see, nothing is changed. it's all fine. we did this early for a reason, so we can either reset the race or we could overcome any obstacles. so, that is, i think, their plan. they're going to deal with a lot of incoming from a lot of their friends about should we have at least a conversation about the future here? >> stewart, the biden campaign can also rely on the fact that they are running against the guy who's going to say something new and stupid and crazy every single day, like today, talking about electric planes. i mean, he's going to do more of that everyday. ■ç >> yeah, look, donald trump last night is as good as donald trump gets in that it great. you know, the thing is that he just is really not where the country is. most of the country isn't angry like this. most of the country is not obsessed with windmills and electric planes and sharks and talking about hannibal lector is a regular person. there's nothing in this republican apparatus in the bargain they're cutting with the american people. what do you get when you vote republican now?■ç one of the points that has been lost here as it was a huge missed opportunity for trump. he can do, or some kind of economic policy instead of cutting taxes for billionaires. he could've reassured people on abortion instead of bragging about what he did. he could have seemed that he was someone who understood that he had been a turbulent president but had learned his lesson. that guy would've walked off the stage a better candidate than he walked on. he didn't and i don't think he's going to get many opportunities to do that. they don't want him to do that so i think the race -- i actually don't think it's going to be that close. i think biden is going to win decisively, and that is the structure of the race. >> you know, it's not easy to get me to work on friday nights but when i can hang with these three, it is worth it. thank you all very much for joining me on this friday night. really appreciate it. coming up, the two big supreme court decisions today. . with whole meat and veggies. it's not dry food. it's not wet food. it's just real food. it's an idea whose time has come. everybody wants super straight, super white teeth. they want that hollywood white smile. new sensodyne clinical white provides 2 shades whiter teeth and 24/7 sensitivity protection. i think it's a great product. it's going to help a lot of patients. nothing dims my light like a migraine. with nurtec odt, i found relief. the only migraine medication that helps treat and prevent, all in one. to those with migraine, i see you. for the acute treatment of migraine with or without aura and the preventive treatment of episodic migraine in adults. don't take if allergic to nurtec odt. allergic reactions can occur, even days after using. most common side effects were nausea, indigestion, and stomach pain. it's time we all shine. talk to a healthcare provider about nurtec odt from pfizer. the cockroach. resilient creatures. where there is one, others aren't far behind. well that's horrifying. always scavenging... ortho home defense max indoor insect barrier. one application kills and prevents bugs for 365 days. nature is wild. your home doesn't have to be. so, what are you thinking? 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(speaking to self) about our honeymoon. what about africa? safari? hot air balloon ride? swim with elephants? wait, can we afford a safari? great question. like everything, it takes a little planning. or, put the money towards a down-payment... ...on a ranch ...in montana ...with horses let's take a look at those scenarios. j.p. morgan wealth management has advisors in chase branches and tools, like wealth plan to keep you on track. when you're planning for it all... the answer is j.p. morgan wealth management. have you ever thought of getting a walk-in tub the answer is for you or someone you love? now is a great time to take a look at getting a safe step walk-in tub. with safe step's standard heated seat and new fast fill faucet, you can enjoy a nice warm bath up to 20% faster! and the convenient touch pad control is right at your fingertips. each tub comes standard with a dual hydrotherapy system. the ten water jets can help increase mobility, relieve pain, boost energy, and improve sleep. while the microsoothe advanced air therapy system oxygenates and softens skin. safe step walk-in tubs are built to maximize safety. so you can stay in your home and enjoy the comforts of bathing again. so call now for more information and a free no obligation consultation. joining our joining our discussion now is neal katyal, who has argued more than 50 cases before the united states supreme court. two important decisions issued by the supreme court today. what do we need to know about each of them? >> let me start with the relentless case, known as loper- bright.■ç these are maybe two of the most significant cases to be decided by the supreme court in our lifetimes. it sounds technical, but here is the basic deal. when government regulates, it is not usually through congressional laws. congress can't agree on very much these days were any days like whether the sky is blue. what happens is they pass these general statutes like the food and drug act or the clean air act or the environmental protection act and what those laws do is delegate to agencies all of the rules and regulations that govern us, whether we can have greenhouse gases, whether we can have those on, what the rules are for immigration, what the rules are for passports, how much we pay on our phone bidlr. all of this is set by administrative agency regulation, not by the congress and that system has worked incredibly well for over 40 years. the supreme court started this in 1984 in a case called>, one of the most cited and important a severance -- decisions ever. the supreme court effectively overturned chevron. what that means is that they are giving massive power to the d regulators taking the away the ability to regulate drugs, the environment, all of the things i name. the supreme court has built■ç a massive doctrine around chevron. it's been cited 18,000 times by the lower courts and yet today, the court did what it did two years ago in dobbs almost to the day when they overturned roe versus wade, another canonical president, so this is the supreme court really aggressively grabbing power for itself in saying that they don't trust president, they can just do what they want. >> the other case involved january 6 defendants? >> correct. there is a statute known as 1512 c 2 which prohibits people from obstructing an official proceeding. the justice department has charged almost 1500 people for january 6. 82% of them did not have this charge at all, but a small percentage of people did have this charge along with other charges. the justice department never indicted anyone just for ■ç1512 2 but the court today did in a 6-3 decision, say that the justice department interpretation of the statute was too broad, that it had to encompass a more narrow destruction or interference with documents. some people are saying this is significant because two of the four charges against donald trump are actually the statute 1512, but jack smith is already way ahead of us on this. he's already filed a brief that says the 1512 theory that the supreme court effectively adopted today is not his theory or -- of the case anyway. the majority today as well as concurrence by■ç judge katanji brown jackson made that very clear so in the end at some headlines for now but i don't think it's going to have much of any practical effect on any of the january 6 defendants and very little to no effect on donald trump's case at all. we are waiting for next week's decision on whether trump is absolutely immune for the criminal behavior he engaged in on january 6. >> and we are looking at that on monday for the likely reveal of that decision. >> almost certainly. the chief justice today announced that monday would be the last day of the term, so barring something extraordinary happening, we are going to have that news on monday and hopefully you will have me back to discuss it that night. >> neal, we will be hearing a lot from you on monday. thank you very much, neal katyal. we appreciate it. we will be right back. ill be r. a once-daily pill that reduces the itch and helps clear the rash of eczema —fast. some taking rinvoq felt significant itch relief as early as 2 days— and some achieved dramatic skin clearance as early as 2 weeks. many saw clear or almost-clear skin. plus, many had clearer skin and less itch, even at 3 years. rinvoq can lower your ability to fight infections, including tb. serious infections and blood clots, some fatal, cancers including lymphoma and skin, heart attack, stroke, and gi tears occurred. people 50 and older with a heart disease risk factor have an increased risk of death. serious allergic reactions can occur. tell your doctor if you are or may become pregnant. disrupt the itch & rash of eczema. talk to your dermatologist about rinvoq. learn how abbvie can help you save. okay everyone, our mission is to provide complete, balanced nutrition for strength and energy. yay - woo hoo! ensure, with 27 vitamins and minerals, nutrients for immune health. and ensure complete with 30 grams of protein. (♪♪) >> neal katyal >> neal katyal gets tonight's last w]rd. the 11th hour with stephanie ruhle starts now. >> did anybody last night watch the debate