Recount prompting memories of bush v. Gore. Bill nelsonless than a fifth of one percentage point behind challenger rick scott, the governor, likely headed to a recount though nothing in florida is ever certain. Scott, though, alleging fraud, demanding an investigation. Hes already filed a lawsuit. The big difference from 2000 . Florida not alone. Close races in arizona and georgia immobilized partisan legal establishments in those states. The one thing we can say for certain about the 2018 midterms, it aint over. Heres President Trump just a few moments ago weighing in on the florida race suggesting there could be, could be a federal role in all of this. Every hour it seems to be going down. I think that people have to look at it very, very cautiously. Helping us figure out all of this, our nbc reporters, ali vitali in tallahassee, florida. Well get to Vaughn Hillyard in just a moment, just returning from arizona also with us leah wright rigor assistant professor at harvards kin lee school of government. And dana milbank. Well start with you in the sunshine state. It seems to have escalated fairly quickly there in florida. Tell us about rick scotts lawsuit and tell us why american elections yet again circling around Broward County and palm beach county. Reporter yeah, this is moving really quickly, craig. Were actually still on the phone. The nelson legal team is making another update of their legal strategy and what theyre seeing, so as we were coming on the air with you, were kind of tossing our phones down trying to give you the latest. What were hearing from the nelson team is as we know the margins are tightening. Whats happening right now is all the counties, yes, palm beach and broward, but across the board, theyre still counting those pro visual ballots absentee ballots. What the nelson team has done is filed litigation in federal court here in florida to legislate how those vote by mail and provisional ballots are counted and verified. Basically what happens is theres signatures that have to be matched between Voter Registration and the ballots themselves, and theres some contention between the nelson legal team and the state about how exactly those are verified. The nelson team is arguing effectively that the untrained eye of the county workers and the election boards isnt sufficient to count all of those ballots, so thats something that were going to see as the legal fights continue on this. Thats something that the nelson team Just Announced to us on the call. Rick scott himself is also filing his own litigation. We were at the Governors Mansion last night, and he told us hes filing litigation against county supervisors in broward and palm beach. Were seeing the legal fight happening even as the canvassing and votes are still being counted, and of course each side is trying to put their spin on this as well. Mark alie i cant sasa says he confident this is going to come out for senator nelson. Rick scott in a very Fiery Press Conference with us or rather a statement with us last night, he didnt take questions for us. He went on fox news and did that after. He basically is trying to make the argument that partisans are trying to quote, steal this election. Were seeing a lot of fiery rhetoric on both sides and legal challenges beginning to mount, even as votes are still being counted. Every day since the election, the left in Broward County have been coming up with more and more ballots out of nowhere. I will not sit idly by while unethical liberals try to steal this election from the great people of florida. Reporter and thats exactly the fiery rhetoric we were talking about, rick scott very visibly angry that this has turned out, when we were at the Governors Mansion last night. His team also tells me, though, that they feel at the end of the day this will come out for them. As i said, spin machine, legal battles. Was florida drama. Stand by, i want to come back and talk about Andrew Gillum in a moment. Dana milbank you heard the president say a short time ago there could be a federal role in all of this. The president also doing what the president is inclined to do, tweeting, tweeting in part, you mean they are just now finding votes in florida and georgia but the election was on tuesday . Lets blame the russians and demand an immediate apology from president putin. President trump putting on his funny hat this morning. Did this federal role, what might that be . What could that potentially even look like . Well, from the beginning, craig, there were two possibilities for President Trump, either his people were going to win the election or there was going to be fraud. He was already talking about fraud before it began, so what hes talking about now is the possibility of a federal Law Enforcement investigating. I think the larger and more likely federal role that will actually affect the outcome here is the court system, which, as we know, has been from the Supreme Court on down has been pretty well packed at this point by the republicans. Thats probably the biggest danger here. Its no mystery whats happening here. Democrats live in big urban counties where there are a lot of votes to count as opposed to the rural republican county where is its rather easy to count the votes. So thats whats going on with the provisional ballots, the absentee ballots coming in, much larger turnout than people expected, and the great irony here is that democrats in the last couple of years asked for 250 million to improve election security, some of the very things that would have prevented the problems were having right now. The republicans voted that down and are now talking about fraud. Leah, does nelson, does he have a path to victory here . Reporter i mean, its clear, you know, first of all, what would an election be without a tossup or some kind of snafu in florida, right . But i think its clear here that democrats in the state, particularly gillum and nelson really feel like there is a pathway to victory, so much so that gillum has unconceded the governors race. He conceded on tuesday night. He has unconceded because his campaign has become aware of thousands upon thousands of ballots that werent counted, so they do sewe a pathway, and the see a very strong but tight pathway. The other part of this is that florida, of course, is incredibly important for Larger National conversations, both in terms of the senate and outcomes, but also the 2020 election. So this isnt just about local politics, but its also about where does florida play in in the nation . And were talking about florida here, but lets pivot and talk about arizona for a moment. Theres drama there as well. Vaughn hillyard just back from arizona. And it seemed as if jeff Flakes Senate seat was going to remain republican. The president sounding dubious of the senate vote there as well. This is President Trump last hour. Now in arizona all of a sudden out of the wilderness they find a lot of votes, and shes the other candidate is just winning by a hair. Whats happening in arizona . Well, the president doesnt know what hes talking about when it comes to arizona elections right now. They didnt find ballots in arizona. These ballots are welldocumented. We know where they are. These are early ballots were talking about. Theres essentially two buckets being counted right now, bucket a, early ballots that were turned in friday through monday. These were expected to go in sinemas favor. High democratic turnout. Those were the ballots announced last night. More of those ballots are tonight. We expect her to expand that lead beyond the 9,000. Then there will be bucket b, it will be interesting to see what he says about bucket b. We expect those to go in mcsallys favor. The question is every night at 5 00, Maricopa County is releasing updated results. The question is come monday, tuesday, wednesday, thursday will mcsally, the pro, more, the ballots that will benefit mcsally will those be able to chip away at the lead that sinema has maintained . Forgive my ignorance, why is it that 48 other states seem to be able to count their ballots in a day or two. Arizona its friday and theres still like 15 of the vote outstabbou outstanding . I was up the at the Maricopa Countys recorders office. Right now theyre essentially verifying the signatures that people sign their names on those early ballots. Theyre going back to dmv, Voter Registration records and cross checking them. It may be more than a week after in which arizona, which is now a seemingly were joking about florida earlier, arizona is the new florida because i dont think this is last time were going to see this situation play out. Sinema, mcsally too close to call for our folks here at nbc news. Arizonas Republican Party suing, saying theres no uniform standard to allow voters to adjust problems with their mailin ballots. Cindy mccain not having it. Wife of the late senator saying in part, tweeting in part here, i am one of those mail in ballots. I was under the impression my vote was always counted. What were watching unfold in as, what were watching unfold in florida and georgia, what does it do, dana, for peoples faith, for their confidence in our election system . Well what trit should do is y theres been a substantial change in the way people are voting. Theyre voting early. These provisional ballots were done in large part because of what happened during the 2000 recount. There was overwhelming turnout at near president ial levels. Its not surprising that these Voting Systems were overwhelmed. Its not just arizona. Its not just florida. Its not just georgia. Look at connecticut where it appeared ned lamont, the democrat won by a whisker, but it turns out the urban areas hadnt reported. It took them days to report, and now hes won by a very comfortable margin. I think theres 12 or 13 house races where they still cant make calls. Its really its less a i mean, the Voting System is flawed. There should have been more money spent on it, but when you have this overwhelming turnout, this is whats going to happen. Now, if you have the president and the governor and others hollering fraud, that is going to be what causes peoples opinion of the system, their confidence in the Voting System to disappear. Were going to have to leave it there. Dana, thank you so much. Leah, thank you, Vaughn Hillyard here in the flesh now, ali vitali. Weve got to get to breaking news out of washington at this hour. We have an update on Supreme CourtJustice Ruth Bader ginsburg. She was hospitalized yesterday. Our justice correspondent Pete Williams has been following this very closely. Whats the word . What do we know . Shes out of the hospital, craig. The Supreme Court says shes doing well and that she plans to work from home. Shes actually spent a night in the hospital. You may recall what happened here is she fell. The Supreme Court says in her chambers, and her office at the Supreme Court late on wednesday. She went home after that but felt uncomfortable, went to the hospital yesterday morning, and thats when doctors discovered she had broken three ribs on her left side. She spent the day in the hospital they said for observation and treatment, then she ended up spending last night and this morning a little a short time ago it was, lets see, about well, about 15 minutes ago the court said that shed been released from the hospital and planned to work at home. Now, well see. I dont think shes going to miss any days at the court. She was not there yesterday for the formal Investiture Ceremony for brett kavanaugh, but the court is not back to hear oral argument for another two weeks until november 26th. I cant imagine that she wont be there when the court is back on november 26th. All right, Pete Williams, thank you. You bet. Taking on trump, Michelle Obama going after President Trump in a candid new book. Also, remembering the victims, the moving stories of the lives that were cut too short when that gunman opened fire at the borderline bar. And also in california, its burning again, firefighters battling multiple fastmoving fires that seemingly came out of nowhere. Our own Gadi Schwartz live on the ground. Reporter hey, craig, yeah, so many homes here in california burning across the state. Over 100,000 homes are being threatened, like this one. Unfortunately this one is a total loss, and now we know that the city of malibu is under evacuation. Were going to have more coming up in a live report. T. I couldnt catch my breath. It was the last song of the night. It felt like my heart was skipping beats. They said i had afib. Whats afib . I knew that meant i was at a greater risk of stroke. I needed answers. My doctor and i chose xarelto® to help keep me protected from a stroke. Oncedaily xarelto®, a latestgeneration blood thinner significantly lowers the risk of stroke in people with afib not caused by a heart valve problem. Warfarin interferes with at least 6 of your bodys natural bloodclotting factors. Xarelto® is selective, targeting just one critical factor. For afib patients well managed on warfarin, there is limited information on how xarelto® compares in reducing the risk of stroke. Dont stop taking xarelto® without talking to your doctor, as this may increase your risk of stroke. While taking, you may bruise more easily, or take longer for bleeding to stop. Xarelto® can cause serious, and in rare cases, fatal bleeding. It may increase your risk of bleeding if you take certain medicines. Get help right away for unexpected bleeding or unusual bruising. Do not take xarelto® if you have an artificial heart valve or abnormal bleeding. Before starting, tell your doctor about all planned medical or dental procedures and any kidney or liver problems. Learn all you can to help protect yourself from a stroke. Talk to your doctor about xarelto®. To help protect yourself from a stroke. [ready forngs ] christmas . No, its way too early to be annoyed by christmas. You just need some holiday spirit thats it this feud just went mobile. With xfinity xfi you get the best wifi experience at home. And with xfinity mobile, you get the best wireless coverage for your phone. Youre about to find out you dont even know where i live. Hello see the grinch in theaters by saying get grinch tickets into your xfinity x1 voice remote. A guy just dropped this off. Hehehehe. A trio of wind blown wildfires roaring through california woodlands right now. The camp fire is about 95 miles north of sacramento. The high school and woolsey fires in ventura county, those three combined have forced tens of thousands from their homes. New mandatory evacuations have been ordered for parts of the city of malibu as well. The camp fire has all but devastated the small city of paradise. Nbcs Gadi Schwartz is in oak park, california, for us this morning. Whats the latest on the ground right now . It appears as if youre very close to some smoke and flames. Reporter well, unfortunately so many of these fires have really overwhelmed firefighters. You think fires, you think theres going to be fire and flame all around, but take a look at this neighborhood. Youve got smoke all around this neighborhood. Youve got this sense of eerie quiet and then youve got homes that have been destroyed like this. This is friend of the homeowner here. Hes trying to do what he can, but you can see inside everythings been lost. Then youve got some homes that are Still Standing and then other homes that have been lost. Were going to walk up a little bit more. This house is fine. Those houses are fine. That house, it looks like embers have gone inside, and then as we turn the corner here, youre going to see this house thats falling apart as we speak. Those are embers that have gotten inside the eves. Unfortunately there are no firefighters around. These firefighters have really been going around trying to protect whatever structures they can, but then they have to move because there is need all around this area, and i want to show you something extremely ominous. Over here, thats towards malibu right now. You see that huge cloud, that huge plume of smoke. We know that there is fire burning towards malibu. We know that the entire city of malibu is under evacuation. We are told that about 75,000 structures are being threatened by the fires that are burning down here in Southern California. As you saw, some of those dramatic pictures up in paradise, california. That town looks like it might be a total loss. Guys, back to you. Gadi, injuries . Do we know whether everyones okay at least . Reporter unfortunately weve been hearing a lot about injuries, especially in paradise, california, and weve been hearing a lot about fatalities. Authorities there say at this point it is still too dangerous to go in and assess the area and see how many fatalities there were, but we know that there have been some severe burns up in paradise, and we also know there are several fatalities that are being reported. They have not been confirmed by authorities, but authorities are acknowledging that people died in that fire. Fortunately here in Southern California, because of what happened in surprise, a lot of people are paying attention to everything thats going on here, and so youve got situations like this unfortunately that you really cant do anything about. These embers are flying for about a mile, but at least people are taking heed. You can see most of this area is under evacuation, and malibu right now is basically a disaster trying to get out on the pch, but most people trying to get out before this fire reaches the city of malibu. I was with you this morning on the today show, and you were really in the thick of it then. Truth be told, we were a bit concerned about your safety at one point. It looks like its a little bit better now. Gadi, did these fires, did they come out of nowhere . Did officials, did local officials have some sort of indication that this was going to happen . Reporter yeah, so most fire officials in Southern California have been on high alert for quite some time, and its because weve got these red flag warnings. Weve got santa ana winds. These santa ana winds can turn the tiniest of fires into a full blown catastrophe in a matter of hours. Youre talking about something that grows from an ember to 200 acres, to 500 acres, and all of a sudden Social Security 12 square miles. These wind blown fires, especially when the santa ana winds start blowing back towards the ocean, they can wreak havoc everywhere. As you can see, this is just one of those embers touching a home here. This home looks like it will probably be a total loss. Fortunately, these other homes are Still Standing, but the fire is progressing towards malibu now. Just looking at the randomness of it all is also quite bizarre. For folks not familiar with this area, gadi, how close are you to that deadly shooting from just a few nights ago, Thousand Oaks . Reporter unfortunately were about four or five miles from that shooting. This is a community, Thousand Oaks, that has just been hit so hard with that tragedy and now having to deal with this. Most of Thousand Oaks is under evacuation. This whole area has just been this is a community that is suffering in an unimaginable way, so people in shock over what happened, now having to deal with this tremendous loss. Gadi schwartz in oak park. Be safe, my friend. Thank you for your reporting. Reporter sure, no problem. Michelle obama unplugged. How the former first lady said President Trump put her daughters safety at risk. Lets do the thing that you do. Lets clear a path. Lets put down roots. Lets build something. Lets do the thing that you do. Lets do the thing that changes the shape of everything. That pushes us forward and keeps us going. Lets do the work. You might or joints. Hing for your heart. But do you take something for your brain. With an ingredient originally discovered in jellyfish, prevagen has been shown in Clinical Trials to improve shortterm memory. Prevagen. Healthier brain. Better life. Man when the steel mill shut down, it left behind an environmental issue. Man 2 it was environmentally contaminated. One of the biggest successes we had early on was entering agreements with the epa on cleaning up the property. Man 3 were recycling over 98 of the products on site. Man 4 the impact that this project will have on the community will be enormous. and all thro the house. twas the night before christmas, will be enormous. Not a creature was stirring, but everywhere else. There are chefs, bakers and food order takers. Doctors and surgeons and all the life savers. The world is alive as you can see, this time of the year is so much more than a bow and a tree. morgan vo those who give their best, deserve the best. Get up to a 1,000 credit on select models now during the season of audi sales event. Former first lady Michelle Obama revealing new details about her life and her marriage to former president barack obama in a new memoir. Its called becoming. Its out tuesday c. Initial reviews are calling it notably frank. Mrs. Obama opens up about how hard it was to get pregnant and how she eventually turned to ivf, but much of the early attention focuses on her uncharacteristic criticism of president donald trump. N nbcs Peter Alexander has more. The early reviews call it surprisingly candid as she takes her status as the first black woman to serve as first lady and weaves it into the narrative of our nations history. In her much anticipated memoir, Michelle Obama opens up about her years in the white house. According to excerpts from the book obtained by the Washington Post and the associated press, the former first lady writes about everything from growing up in chicago to confronting racism in public life, to her amazement at becoming the countrys first black first lady. But the book scheduled to be released on tuesday is also getting attention for mrs. Obamas criticism of her husbands successor, President Trump. Denouncing Donald TrumpsBirther Campaign, questioning her husbands citizenship. Mrs. Obama blasts mr. Trump writing the whole thing was crazy and mean spirited of course. Its underlying bigotry and xenophobia hardly concealed. It was also dangerous deliberately meant to stir up the wing nut. What if someone went looking for our girls. Donald trump with his loud and reckless innuendos was putting my family at risk and for this, ive never forgiven him mr. Trump for his debate behavior towards hillary clinton. She refers to trump trying to stalk clinton by following her around the stage and trying to diminish her presence and railing against him over the infamous 2005 access hollywood tape. Grab them by the [ bleep ]. My body buzzed with fury after hearing that tape. And while shes speaking out now, Michelle Obama has long said she has no interest in running for office, despite getting buzz after selling out stadiums on her new book tour, recently addressing the topic of a 2020 run here on today. Youve been asked 1 billion times, a few by me, would you ever run for elected office and you always say no way, but have you ever been asked why not . I have never wanted to be a politician, you know, and its one of those things that nothing has changed in me to make me want to run for elected office. I want to serve. I want to do work. I want to be out there, but there are so many ways to make an impact. Politics is just not my thing. Reporter mrs. Obamas memoir is powerful, and it is personal. According to the post she shares intimate details revealing that she and her husband had trouble getting pregnant, that she suffered a miscarriage and that both daughters sasha and malia, were conceived through in vitro fertilization. Peter alexander there at the white house. Back with me, leah wright rigor, assistant professor of Public Policy at the Harvard Kennedy school of government. She is also the author of the the loneliness of the black republican. Michelle obama, shes very strategic about when and how she speaks out. What impact do you think that this book is going to have in shall we say our highly charged Political Climate . Well, first of all, Michelle Obama is beloved. I mean, shes fabulous. She is outspoken. She is graceful. She has a huge following, and we saw that in the way that her book tour immediately sold out, as soon as the tickets were released that theres a huge demand, not just to see her in person, not just to meet her or see what shes up to but actually hear from her and hear from her on her own terms. Thats actually whats happening right now. Before we had Michelle Obama the first lady who was always kind of constrained by the office of the first lady of the United States and her husband being president of the United States. When they go low, we go high, but now we have Michelle Obama who is candid. We have Michelle Obama whos open, who is fully transparent about the impact of the presidency and can say what she wants to say but more importantly what she needs to say in a moment like this. I had not considered the idea that, you know, when the president was spewing all that birther nonsense what might have become a consequence of that until i heard that excerpt there. She also goes on to accuse the president of trying to stir up those wing nuts with the birther nonsense. What do you say to that . Well, the birther, you know, the Birther Campaign was all about delegitimizing the first black president. It was not rooted in any sort of truth. It was fabrication. It was fraud, and the fact that it was continued all the way through the 2016 election process right up until election, you know, right around the weeks of the election, really election day and then even sometimes after the 2016 election shows you just how political that decision was, but also how this was about attacking the very fabric of who barack obama was and the legitimacy of his presidency and of his family. So of course Michelle Obama is going to be upset. We also know that barack obama received four times the amount of Death Threats than previous president s, so this was a very real situation for her. So of course shes going to be upset about somebody stirring up people, all kinds of people out there who are beginning to think this is something legitimate, its a validation of something crazy about the president when, in fact, its not rooted in truth whatsoever. So this isnt just about barack obama, but its also about her family and the safety of her family, particularly as they take on this high profile role. Leah wright rigeur, harvard, thank you so much for your time. Thank you. Thanks for having me. Have a great weekend. In the week of that rampage in Thousand Oaks california, does gun reform have a real chance of passing now that democrats have taken back control of the house . Were going to talk to two survivors of the parkland shooting who are pushing for legislation. And the president now says he doesnt know who Matt Whitaker is. That would be his pick for acting attorney general. So should he be in the job . Before we get to all of that, though, something to make you smile on this friday, when your dad is an nfl quarterback, you can assume bedtime going to be anything but normal. Check this out, new orleans saint quarterback drew brees posting this adorable video on instagram of his three sons running a quick passing drill right before bed. Brees writing my wife must really love me. She gets the kids fed, bathed, quiet, ready for bed, then dad walks in the door, and from the look of the video there, brees might have some competition on the field someday. whispers with the capital one venture card. Youll earn unlimited double miles on every purchase, every day. Not just airline purchases. Think about all the double miles you could be earning. loud holy moley thats a lot of miles shhhhh whats in your wallet . Shhhhh you may be learning about, medicare and supplemental insurance. Medicare is great, but it doesnt cover everything. Only about 80 of your part b medicare costs. A Medicare SupplementInsurance Plan may help cover some of the rest. Learn how an aarp Medicare SupplementInsurance Plan, insured by Unitedhealthcare Insurance Company might be the right choice for you. A free decision guide is a great place to start. Call today to request yours. So what makes an aarp Medicare Supplement plan unique . These are the only Medicare Supplement plans endorsed by aarp because they meet aarps high standards of quality and service. Youre also getting the great features that any Medicare Supplement plan provides. You may choose any doctor that accepts medicare patients. You can even visit a specialist. With this type of plan there are no networks or referrals needed. Also, a Medicare Supplement plan. Goes with you when you travel anywhere in the u. S. Call today for a free guide. Iyou may be at increased riskf for Pneumococcal Pneumonia a potentially serious bacterial lung disease that can disrupt your routine for weeks. In severe cases, Pneumococcal Pneumonia can put you in the hospital. It can hit quickly, without warning, making you miss out on what matters most. A single dose of the prevnar 13® vaccine can help protect you from Pneumococcal Pneumonia. Prevnar 13® is approved for adults to help prevent infections from 13 strains of the bacteria that cause Pneumococcal Pneumonia. Dont get prevnar 13® if you have had a severe allergic reaction to the vaccine or its ingredients. Adults with weakened immune systems may have a lower response to the vaccine. The most common side effects were pain, redness and swelling at the injection site, limited arm movement, fatigue, headache, muscle pain, joint pain, less appetite, vomiting, fever, chills, and rash. Prevention begins with prevnar 13®. Ask your doctor or pharmacist about prevnar 13®. Speaking publicly for the first time about his newly appointed attorney general. I dont know Matt Whitaker. Matt whitaker worked for Jeff Sessions and he was always extremely highly thought of and still is but i didnt know matt whitak whitak whitaker. I didnt speak to Matt Whitaker about it. I dont know Matt Whitaker. Matt whitaker has a great reputation and thats what i wanted. Frankly, i could have brought somebody very easily from the outside. I didnt want to do that. When sessions left, what i did very simply is take a man who worked for sessions. President trumps comments coming the morning after demonstrators in cities across the country took to the streets in support of special Counsel Robert Mueller and the russia investigation. Im joined now by mimi rocah, former assistant u. S. Attorney in the Southern District of new york. She is also an msnbc legal analyst. President trump there about two hours ago roughly saying that he doesnt know Matt Whitaker, said it several times. Is that believable . Is it possible that he doesnt know Matt Whitaker . Well, craig, i guess it depends on your definition of no. It is completely implausible that he does not know Matt Whitakers views on the russia investigation because we know that that is how whitaker got the job to be sessions assistant. For trump to say, well, i could have brought someone in from the outside but i just happened to pick this person that was, you know, working for sessions, the reason he was there working for sessions, i believe, is because of his views on the russia investigation. This man has said clearly he already does not believe that there was collusion. He has prejudged without knowing all the facts. He has said it would be a red line to go into trumps family and finances. He has said he thinks the trump tower meeting, to take that meeting was completely legal. You cannot ignore that he has said those things and believe this is just a coincidence that trump picked him. No, i dont think its believable at all. A number of folks have called for whitaker to recuse himself following some of those past partisan comments, some of which you just outlined there, comments about mueller, comments about the russia probe. The president was asked about that. This is what he had to say. When you make comments, i see everybody on television, all these lawyers, all these Law Enforcement people making comment after comment. They make comment. The fact that you go on fox or cnn or msnbc or anybody, you make a comment, youd have nobody left to choose. You would have absolutely nobody left. Is that in any way, shape, or form a valid argument . Well, craig its interesting that youre asking me that as i sit here being a former federal prosecutor on tv giving my views. Let me say this, if i were to ever be in a position in the department of justice, which i respect and revere very much, before i took any position, before i worked on any investigation i would seek an opinion from the Civil Servant career lawyers in the department of justice on whether or not to recuse mic recuse myself, and i would never do anything to jeopardize the appearance or the actual, you know, appearance of conflict or have an actual conflict, and i think that is true of most of the former Law Enforcement that you see on tv. Most of us are doing this because we want to speak out about the rule of law. Matt whitakers told someone that he was doing it because he wanted to audition for a job. Its not that hes not entitled to have his own personal or political beliefs. Its that President Trump seems to have picked him for that reason, and he is not allowing himself to hes not taking the opportunity to recuse himself or even necessarily to get the opinion from the department of justice that would allow people to have faith in this system, and thats what the department of justice is really all about or should be about. I want to call your attention, or i guess more likely call our viewers attention and our sirius satellite radio, those listeners attention to this New York Times oped. One of the writers of this oped, Kellyanne Conways husband George Conway, in part a principal officer must be confirmed by the senate. Mr. Trumps installation of Matthew Whitaker as acting attorney general of the United States after forcing the resignation of Jeff Sessions is unconstitutional. Its illegal. Is the appointment illegal, mimi . I think theres a very good, strong argument that its illegal, and i think the fact that not only neil kstsio, and George Conway and other conservative leaning legal scholars are saying it can be illegal or unconstitutional means that there are people who are willing to put their politics behind them to look at the constitution, and you know, i think this is a very strong argument that it is illegal, and i think that were going to see that play out probably very soon. Someone is going to challenge this and, in fact, the court of appeals, the d. C. Circuit court of appeals whos hearing this challenge to muellers power in the context of a subpoena to one of stones associates has now remanded to the District Court saying go back to the District Court and tell us how the appointment of a new attorney general affects this investigation, and it affects muellers power, so it could happen very quickly that someone gets to decide this and weigh in on this. Always good to have you, thank you. Honoring the victims of yesterdays tragic shooting at a california bar. Why some who had survived tragedy once before in las vegas, why they sought comfort at that bar. Cestrydna results 74 italian. And i found out that im from the big toe of that sexy italian boot calabria. It even shows the migration path from south italia all the way to exotico new jersey so this Holiday Season its ancestrydna per tutti order your kit now at ancestry. Com discover. O. I like your card, but im absolutely not paying an annual fee. Discover has no annual fees. Really . Yeah. We just dont believe in them. Oh nice. You would not believe how long ive been rehearsing that. No annual fee on any card. Only from discover. The search for answers continues this morning, search for answers about what led that marine veteran to open fire and kill 12 people in a Thousand Oaks, california, bar before apparently taking his own life. Families of the victims today remembering their loved ones as some new details emerge about the victims and the heroic actions taken by some that may have kept the death toll from going even higher. Nbcs Natalie Morales now with more on the victims and the survivors. Amazing grace a Southern California community shattered. Know the healing takes time. These are some of the faces of those who lost their lives wednesday night, victims of yet another mass shooting in america. All of my friends were there. As of right now i only know of two that passed away. Jason coffman learned that his 22yearold son cody was killed. My first born son, oh, son i love you so much. Alaina housley was only 18 and had just started her freshman year at pepperdine university. Her parents describe her as kind, smart, beautiful, and respectful. 23yearold justin meek was at borderline with his sister, friends say he saved her life and several others before he was shot and killed. Shawn adler was also a hero, the 48yearold was working at borderline, and family members say he tried to disarm the gunman before he was shot. He leaves behind a wife and two sons. Authorities say it could have been worse. When First ResponderSergeant Ron Helus got the call, he ran into the bar to end the bloodsh bloodshed. You cant describe it as anything other than totally responder ron helus entered the building. You cant describe it by anything other than heroic. Reporter and there were other people there at borderline who were also in las vegas for the worst mass shooting in american history. No parent should get that phone call once and much less twice. Danielle was there. I know the sound. Reporter and you know the exits. Yes. Reporter is that why you survived . Yes, unfortunately, it prepared me for things like this. Reporter and this man also survived las vegas, but not here. His distraught father blames the rampage on gun culture in america. I wont vilify this kid, because he has parents who are grieving, too, and i feel sorry for them as well. Reporter so many lives forever changed and 12 innocent souls taken too soon. I made it out perfectly fine. But for those who didnt, i just like, it breaks my heart. It really breaks my heart. That is nbcs natalie moral ly reporting there. I want to bring in two survivors of another mass shooting in this k country, matt and sophia were students at Marjorie Stoneham Douglas massacre. And sophie, what was your reaction when you heard the reports of the Thousand Oaks shooting . Honestly, i was not surprised and it sucks, because i wake up every morning and i see these headlines and even living through a mass shooting, and i see one come up on the news, and im it is even becoming normal to me, and it is scary to see how far that gun violence continues to terrorize our country and how little action is taken by our officials. And, matt, this one coming just two weeks after that the despicable attack on a synagogue in pittsburgh that left 11 people dead. You have a unique perspective on the tragic events. Do you expect to the ever see some sort of measurable change in this countrys attitude towards guns . Are you in any way heartened by what we have seen over the past, you know, few weeks and months . Look, i was a graduate of Stoneham Douglas at the timek and my brother and sister is survived the shooting there, and not receiving texts for them for hours as that shooting took place and not knowing which one of my friends had lost siblings and who of the teachers i had at that school had survived, but to attend my Community College santa monica also had a mass shooting there at the library and at my cousins college at Florida State also had a mass shooting and my exgirlfriend to lose two friends in the Las Vegas Shooting and to have my neighbor here in parkland suffer and survive the Las Vegas Mass Shooting and my best friend who is from Squirrel Hill and my best friend from parkland to have this connection through the gun violence epidemic, it is not going to end until we have elected officials to put lives a head of the profits from the gun lobby and that is the highest youth turnout in the nations h history in a Midterm Election forcing 38 nrabacked resumes to start looking for another job. I want to have you listen to this conversation about gun reform law. We have seen change on the state and the local level, and the measures need to be en a acted federally, but the federal government is unwilling to do the new regulations tr new measures that would help a lot of people. That is my brother. You call me a survivor and play my brother as if it is me. Are you cool . I apologize, matt. I apologize. But, to the point that your brother was making, before the election and the democrats now control the house, and lucy mcbath, and lucy mcbath lost her son to gun violence there, and she is elected in georgia, and are you optimistic that perhaps something does get down now at least legislatively . Look, something has to be done, and we will continue to see Mass Shootings on the news, and young people put into caskets and americas potential is on the front lines of the streets and the concerts and the bars and the schools. There is nowhere that we are safe in america until we actually act on, this and so we have no choice but to kt and change something. So i have intense optimism that something is going to be done, because we have no choice. I want to make sure that we can see the tshirts here, and for the viewers who cant no read them, sophie and listeners. Mip says we are the change. And mine says i dont want my friends to die anymore. We will leave it there, and again, my sincere apologies about the mistake and i do appreciate, and we will be back after a quick break. K. K. Im all for my neighborhood. Im all for backing the community thats made me who i am. Im all for my theatre, my barbershop and my friends. Because the community doesnt just have Small Businesses, it is Small Businesses. And thats why American Express founded Small Business saturday. So, this year lets all get up, get out and shop small on november 24th. I got croissant. Small business saturday. A small way to make a big difference. There lots of people who are confused about which medicare plan is right for them. Hey, thats me. I barely know where to start. Well, start here with me, karen. Im a licensed humana sales agent. Well, its nice to meet you, karen. Im john smith. Hi, john. At humana, we know youre unique. So you have different needs from other john smiths. Yah, ive always thought so. And together, we can find a plan thats right for you. Great i go to the doctor a couple of times a year. And i have some prescriptions. But im never fully sure of whats covered and whats not. With humanas allinone Medicare Advantage plans, you get coverage for hospital stays, doctor visits, and part d Prescription Drug benefits. All for an affordable, and sometimes, no monthly plan premium. Do you have any more information . Sure. Ill get a decision guide in the mail to you today. Theyre free. Finally. Someone who understands the real me. Your health and happiness is important to us. Call or go online now to get your free decision guide. Call a licensed humana sales agent today. Youre headed down the highway when the guy in front slams on his brakes out of nowhere. You do, too, but not in time. Hey, no big deal. Youve got a good record and Liberty Mutual wont hold a grudge by raising your rates over one mistake. You hear that, karen . Liberty mutual doesnt hold grudges. How mature of them for drivers with accident forgiveness, Liberty Mutual wont raise their rates because of their first accident. Liberty mutual insurance. Liberty. Liberty. Liberty. Liberty. I am a techie dad. N. I believe the best technology should feel effortless. Like magic. At comcast, its my job to develop, apps and tools that simplify your experience. My name is mike, im in Product Development at comcast. Were working to make things simple, easy and awesome. That is going to do it for this hour of msnbc live and Andrea Mitchell reports right now, and look at who is here today. Fancy. You are looking very dapper today may i say. Thank you, thank you very much. And thank you, craig melvin. I am saying that i am a little behind and if you have not seen the kids videos from halloween and if you need a smile in these tough times, go check it out. And indecision three days after the election, and midterms are far from over. And the bignamed races are behind and now action is being take then in courts. I will not sit idly by while the liberals try to steal this the election from the great people of florida. Unanswered questions one day after 12 people were gunned down inside of a crowded bar in california. The family members of the victims are searching for answers and calling for change. I dont want prayers. I dont want thoughts. I want gun control, and i hope to god nobody else sends me anymore prayers. I want gun control. No more guns. Plus the new man in charge, and President Trump is downplaying the ties to the new acting attorney general after red flags are raised and what does it mean for the Russian Investigation . The Russian Investigation is a hoax, and phony hoax. I think that the days are number and this is a blatant appointment, and whisker is a blatant attempt by the president to make mueller go away in the form of either removing him or greatly constraining