Good evening once again from our nbc news headquarters here in new york. This was day 617 of the trump administration, and it appears that in the last 24 hours three women may have changed the course of history. They are dr. Christine blasey ford, anna maria archeza and Maria Gallagher. Dr. Ford gave that emotional testimony yesterday, and those last two womens names, they are the women who stopped a u. S. Senator in an elevator today. They stopped jeff flake and held that door open because he had Just Announced he was going to vote yes on judge kavanaugh. They didnt want that to happen until he had heard them out and looked into their eyes, and what they said in that elevator door appears to have led a u. S. Senator to change his mind and force a delay and call in the fbi. Their words have now reverberated around this country. What you are doing is allowing someone who actually violated a woman to sit in the Supreme Court. This is not tolerable. Thats what youre telling all women in america, that they dont matter. They should just keep it to themselves because if they have told the truth youre just going to help that man to power anyway thats what youre telling all of these women. Thats what youre telling me right now. Look at me when im talking to you. Youre telling me that my assault doesnt matter, that what happened to me doesnt matter, and that youre going to let people who do these things into power. Thats what youre telling me when you vote for him. Dont look away from me. Look at me and tell me that it doesnt matter what happened to me. Jeff flake then huddled with some of the democrats on the Judiciary Committee and when he came back to his seat he paused to whisper something to chairman grassley who then gave him the floor. Thats when flake called for a pause for an investigation. And i think it would be proper to delay the floor vote for up to but not more than one week in order to let the fbi continue to do an investigation limited in time and scope to the current allegations that are there. It turns out that jeff flake spoke for a lot of republicans and we know he spoke for the democratic side. Mitch mcconnell didnt have the votes. The president didnt have the leverage. Donald trump has since agreed to a limited fbi investigation, and it was clear when he spoke about yesterdays hearing this morning he was being unusually measured in his choice of words. I thought her testimony was very compelling, and she looks like a very fine woman to me, very fine woman. And i thought that bretts testimony likewise was really something that i havent seen before. It was incredible. This is what the president put out later today, quote, ive ordered the fbi to conduct a supplemental investigation to update judge kavanaughs file. As the senate has requested this update must be limit instead scope and completed in less than one week. Then a few hours ago he said this, just started tonight our seventh fbi investigation of judge Brett Kavanaugh. He will someday be recognized as a truly great justice of the United States Supreme Court. It turns out that senator flake came around with the help of his close friend in the senate, chris coops, democrat of delaware who got emotional when talking about flake and his brave decision. I think he showed courage and determination today. Senator flake is a genuine conservative. Hes written a book about the conscience of a conservative. He and i do not share a lot of political views, but we share a deep concern im sorry. Senator flake and i share a deep concern for the health of this institution and what it means to the rest of the world and to our country if we are unable to conduct ourselves respectfully and in a way that hears each other. When cameras caught up with him tonight, senator flake talked about his decision. This is ripping the country apart, and the calls ive been getting, emails and texts, and its just been rough to see. My preference is that we can go ahead and confirm this nominee. Im a conservative. Hes a conservative. I planned on supporting him before all this came up, and i hope that we can, but in the meantime weve got to have a process thats worthy of the situation. So much to catch up on here. For his part Brett Kavanaugh released a statement through the white house that reads in part, quote, ive been interviewed by the fbi. Ive done a number of background calls directly with the senate and yesterday i answered questioned under oath about every topic. Ive done everything they have requested and will continue to cooperate. Attorneys for dr. Ford responded to todays news with this statement. Dr. Christine blasey ford welcomes this step in the process. No artificial limits as to time or scope should be imposed on this investigation they add. Brett kavanaughs High School Friend mark judge who dr. Ford claims was also in the room watching during the alleged assault, said through his lawyer, quote, i will cooperate with any Law Enforcement agency that is assigned to confidentially investigate these allegations. Earlier tonight the Senate Passed a motion to begin debate on kavanaugh, largely procedural. Nothing will happen as its now in recess until monday, and a reminder, the fbi has a week to do their work. Lets bring in our leadoff panel on this busy friday night. Maya wiley is back with us, currently a professor at the new school here in new york. Jill colvin, White House Reporter for the associated press. We welcome back kelcey snell. Id like to read you something robert costa said on social media tonight in that way he has of summing things up. Were watching history unfold in a raw and urgent way, a retiring republican senator dramatically changes the trajectory of a Supreme Court nomination as his sometimes foil potus looks on from 1600. A majority leader instantly cornered and facing the question, plow forward or not. Kelcey, what was it like there . We dont see genuine spontaneous drama break out where your beat is located on capitol hill often. Yeah, i was in the hearing room when that all happened, and i have to say we as reporters were genuinely confused for a large portion of the time because for a while there, first the democrats filed out and we thought, oh, maybe theyre protesting again. And then the republicans all followed, and at one point in time, it was just two senators sitting in the room while the rest of them negotiated in the background, and the request from flake was actually truly surprising because it really puts this next week up in the air for both republicans and democrats. They both have a lot at stake here. For democrats they need to be able to have something to hold on to to say that this fbi investigation turned up what we were looking for. It justifies what we have said, which is that ford should be listened to, that this is a truly serious issue that should bring kavanaughs nomination into question. For republicans they need to be sure that this wont bring up some new allegation and give more people a chance to come forward. This next week ahead is going to be really make or break for this nomination. Counsellor, you were here with us for hours of our coverage yesterday, and in lo looking to remind people of the stakes and bring back a moment that kind of spoke for the whole day, i have chosen this. Well talk about it on the other side. What is the strongest memory you have, the strongest memory of the incident, something that you cannot forget . Take whatever time you need. Indelible in the hippocampus is the laughter, the uproarious laughter between the two and their having fun at my expense. So you can draw a bright line from dr. Ford yesterday, i want to get these names right, Anna Maria Archila and Maria Gallagher, forever known as the two women in the elevator. Mmhmm. That moment for the nation when anna maria and maria challenged senator flake i think spoke to what has been the most damaging part of this entire process is its the plowing through of the u. S. Constitution in terms of the advice and consent provision of the constitution. Yeah, there is that. There is that, and what that and this is why the American Bar Association did something unprecedented, something historic, which is said there must be an fbi investigation because there is no advice and consent if youve just made a decision to rubber stamp, and when these allegations came forward for women and men, by the way. We talk a lot about women, but the truth is, you know, the estimates are at least one in six men and boys are sexual limo le sexually molested or sexually assaulted, the stakes are high because its about whether or not we take seriously the allegations that for so many americans, far too many, are a reality of their lives, and when they came and spoke, what they were saying was the democratic process did not work for us here. Right. It was broken. You all plowed through it. Voting for him means youre saying no to us. Voting for him means you say no to our experiences, and you Say Something many of us having saying for weeks now which is the most powerful judicial position in the land is a justice of the Supreme Court, and to simply plow through and im using senator grassleys language explicitly and intentionally to plow through, to be senator orrin hatch who says i have not met her. I have not talked to her, but i dont believe dr. Ford. Then to hear dr. Ford actually share this is so imprinted on my memory that it was these two men because not only did they do something so vile to me as a human on the planet, they actually laughed about it. It required women from outside of the process to exercise the democratic process and go to and i think senator flake was the right person because as we saw in that hearing, he was pained. He was truly pained. He was truly convicted, and you could see it on his face. You could hear it in his statement, and yet, he did not quite feel able to stand up for a process that felt fair and just. It required these women to say publicly and insistently and aggressively you are telling me i dont count, and when they did that, they were not just speaking for themselves. They were speaking for the one out of four women who have experienced Sexual Violence in this country. Jill colvin, what do you think is really going on in the white house west wing tonight and this weekend . The white house has really been forced here to play this waiting game along with the rest of us. This is something that the white house and the president did not want to happen. We know that the president now for more than a week has been deeply frustrated by the slow pace of this investigation. You know, the white house watched along with all of us yesterday, the president watching first on air force one and then in the white house yesterday as these testimonies unfolded. We know that the president and speaking to aides spoke to how he felt emotionally impacted by the testimony that dr. Ford gave, but then watched judge kavanaugh and felt like hed done an excellent job. The president last night spoke at a fundraiser where he went on for more than an hour, you know, really praising kavanaugh. The white house was on this high foot really thinking this was a done deal and then they watched as the rest of the nation did as this senator flake made this decision to kind of throw a wrench in this and delay it for a week. What were hearing from the white house right now is they are in this waiting game along with us. They are hoping that, number one, the fbi investigation doesnt turn up any new allegations, any evidence that would lend credence to dr. Fords story, and theyre also very much hoping that in this week, which we know is such a long time in washington these days that theres not a new allegation, a new credible allegation. You know, weve seen these multiple allegations popping up by the day. In the course of a week who knows whats going to pop upment wh. What theyre hoping is they can make it to the end of the investigation without any new information, and the senate will vote and will confirm him and through this process it will ideally in their minds lift some of this cloud over kavanaugh. If they can say look, weve done this investigation, weve done what the democrats were asking for, the fbi investigated and at this point were backing kavanaugh. And kelcey, theres also, as a democratic operative reminded me tonight, theres a trap in here potentially . Oh, sure. This is its very difficult because on the one hand, if it comes back that the fbi is not able to find anything new here, it could give a lot of political cover for these republicans who havent made up their minds yet to say i waited. I requested this investigation along with senator flake, and i now have a space to say this it has been confirmed. We have done our jobs. I have done everything i can to ensure that this is the nominee that i thought it was, and now i can vote yes. The other problem here, though, if youre a democrat, particularly a Heidi Heitkamp running for reelection in north dakota, a state that the president won in 2016, it is perilous. Its very difficult now to kind of split the hairs between, you know, can i support this person that republicans in my state and who maybe want to vote for me would want or do i go with the democrats and the base and all of these women that im hearing from as a senator who represents Many Democrats in a state like north dakota. Who do i follow . Where is the politics the right answer . Maya, id like to talk about judicial temperament, and i have two examples to ask you about. Number one, the folks at vox put together a graphic today. They used the color blue for answered questions, and they used the color red for did not answer. It looks like a Benjamin Moore chart for painting your childrens bedroom light blue, but on the left dr. Fords answers for answered questions in blue, you see the red on the right under kavanaugh. There were also these exchanges, sharp exchanges between a federal judge and sitting u. S. Senators. So youre saying theres never been a case where you drank so much that you didnt remember what happened the night before or part of what happened . Youre asking about blackout. I dont know, have you . Could you answer the question, judge . Thats not happened. Is that your answer . Yeah, and im curious if you have. I have no drinking problem. The swetnick thing is a joke. That is a farce. Would you like to say more about it . No. Did the word ralph you used i already said answered the question. Did it relate to alcohol . I like beer. I like beer. I dont know if you do. Do you like beer senator, or not . What do you like to drink . The next one is senator what do you like to drink . I welcohatever the committee wants to do. I want to know what you want to do. Im innocent. Im innocent of this charge. Then youre prepared for an fbi investigation. They dont reach conclusions. You reach the conclusions, senator. But they do investigate questions. Maya, what do you think eight justices sitting on the court right now thought of those exchanges, and did those exchanges roll around in some republican heads in the senate do you think overnight . I certainly hope so because as an attorney and i imagine what Supreme Court justices saw was the same thing is that was abhorrent. That was unacceptable to sit there and treat a sitting senator you dont have to agree. In fact, thats what judges have to do all day every day is listen to people they may not like, hear things they may not agree with, and what they have to do, sometimes under challenging circumstances. Obviously this is much more challenging personally for judge kavanaugh, not suggesting its not, but pressure, heat, how you behave under it, whether you can retain and maintain your ability to be open minded, to understand youre in a situation which they have a constitutional obligation to understand what your answer is to very significant charges. This is a judge. Thats what he has to ask of people who come before him every day. I was astounded that anyone could hear that kind of behavior from anyone. I dont care what your politics are, from anyone, and then have senator grassley respond the way he did without any without any admonition about the disrespect with which he treated sitting senators elected by citizens of the United States to represent them in congress. I dont understand why that shouldnt be something that is dearly questioned by those who have to make the advice and consent decision, and remember one other thing. Here was a news item today that didnt get very much press because of these very important issues, and thats that democrats in congress won the right to pursue their case against donald trump, President Trump, for enriching himself, their allegation for enriching himself through his hotels and other businesses as a sitting president without the permission of congress as is required by the constitution. My guess is that comes before the Supreme Court. How is a Justice Kavanaugh who demonstrated that he would politicize this process by claiming that the democrats did a, quote, search and destroy, will they get a fair hearing in interpreting the constitution if that case were to come before him as a sitting justice . Two things, we didnt even workshop what if that had been a woman that angry in front of congress, and b, well ask David Farenthold of the Washington Post to talk about that story. Final question to jill colvin. The president can make this worse. No one needs to remind you of that. He can do it on social media. He can do it on camera. We are reminded he has an event in wheeling, West Virginia tomorrow night. He does indeed. One thing that has been notable throughout this process, we have seen a couple of tweets from him. By and large, the president has been extraordinarily restrained for trump over this period of time. He held his tongue. He held his fingers on twitter throughout the length of the testimony, choosing only to weigh in at the end of the day once the gavel had been hit, and today he was especially restrained in his comments, you know, going out there specifically praising dr. Ford, giving a lot of freedom to the senate saying, you know what, theyve been doing a great job up until now, and were just going to let them do their thing. We know that privately the president has had a very different tone complaining about the senate, complaining that they havent been moving fast enough, bat this point the president knows the white house aides and his allies have made clear to him what is writing on this. This is probably the last thing that will happen before the midterm elections, and he need for his base believes that he needs this nomination to go through. If they let this get delayed any longer, youre going to have a new senate. They might not have the majority. This is seen as an incredibly highstakes time for the president , and at this point at least hes keeping his mouth shut. Our thanks to our starting three on a friday night. Really appreciate you all coming by and coming up for us, a long time veteran of the fbi and a former federal prosecutor tell us what this fbi investigation is likely to entail. And later, the lawsuit against the president thats been given the green light to go ahead. 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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 news. As they say this just handed to me, its a story about how this story is moving faster than we thought. The fbi component of this story, we have this one week pause in the kavanaugh vote while the fbi swoops in and does their work. Well, the l. A. Times has just written the fbi moved immediately given the short time frame. By friday night, agents had sought to schedule an interview with one of two other women who after blasey ford went public made accusations of their own about alleged assaults in kavanaughs days in high school and Yale University. According to two sources who asked to remain unidentified. Fbi investigators contacted the attorneys for the woman and asked to interview her as early as tonight. Cant emphasize how unusual that is according to one of the sources, her attorneys countered with a later time but the interview could occur this weekend the sources said. All of this by way of bringing in our very germane next two guest,s, barbara mcquade, former attorney for the Eastern District of michigan and frank figluzi director for Counter Intelligence who in the past has worked for among others robert mueller. I was going to ask you, if this were a movie montage, are agents putting their stuff in overhead compartments, getting on flights tonight, renting cars, are there white boards at field offices across the country, and this article helps to answer the question this is underway and moving . This is where the fbi shines when its allowed to, brian, so pagers have gone off. Text messages are being sent. Calls are being made. Everybodys been on standby, and if youre in the Baltimore Division that covers Georgetown Prep where kavanaugh went to high school, if youre in the new haven, Connecticut Division that covers yale, if youre in california where some of the accusers and survivors are, you are in action getting your plan tonight. Theyre going to divide this up by field office, and then theyre going to divide it up by what i call three buckets, people, places, and things, who are the people . All the accusers that are known currently and some who may not yet be known. All of the witnesses. What are the places, Yale Universi university, dorm rooms, the house in maryland where this party may have occurred. Does it still exist, has it been refurbished. Is there a stairway, is there a bathroom across from a bedroom. Are there photographs at yale or Georgetown Prep that can put ka kavanaugh next to people he says he doesnt even know, next to some of the accusers who lived in the dorm. Those people are going to get a phone call from the fbi back then. Those are going to be pulled. The potomac safeway supermarket where people may have worked and been spotted. Theyre going to pull pay records from there and find dates and schedules if they exist. What about the things, the things include the polygraph exam that dr. Ford already took. That should be pulled and reviewed for quality and see if it was done right and is credible. Are there other items that can be displayed, shown, photographs that show what was in the room, blankets, linens, posters on the wall where this may have occurred all to refresh memories. When all of this evidence is gathered putting it down in front of kavanaugh. If im in charge of this, im putting two female agents in that room to ask him the questions and present everything thats been found at the end of the week and see if he can hole up or whether he blows up as he did against senator klobuchar. I just need a moment to catch my breath. Barbara, it sounds to this layperson like the fbi has done this before. What are the blanks from yesterdays testimony you would like filled in if you were appointed special counsel investigating this case . I think the place that i would start is with mark judge. This is the one person that dr. Ford actually puts in the room when this alleged Sexual Assault occurred. And so talking to him could be so critically pornimportant. I know that he has submitted a letter saying that he doesnt remember this but thats so different than having an fbi agent show up at his doorstep and talk to him. As we saw yesterday, live testimony is very different from what ends up in a written statement. That can be written or edited by a lawyer. Watching body language, tone, inflection, all of those things matter as well as the ability to ask followup questions. That would be absolutely the place i would start. And then the other two polices that are so interesting, and im delighted to hear this breaking news that the scope of this investigation is not just limited to dr. Ford who gave a compelling narrative yesterday, but were going to hear theyre going to investigate and interview also Deborah Ramirez and julie swetnick. We dont know anything about them. I think it would be important to talk to them quickly so if there is followup from those stories you can go interview the people, the other witnesses they identify. Its not surprising to me that they would want to get to them tonight so they can use the rest of the week to talk to any other witnesses who might either corroborate or refute their stories. So frank, i mean this respectfully. It doesnt sound hard, meaning it would be hard for us lay people, but this is what the fbi does, that you can reel off 30 steps is very indicative of a veteran agent. Let me ask you about a polygraph test for kavanaugh. Is he under any obligation, and if he passes, if he says no, i dont want to take one, does that get noted somewhere . Absolutely it will be offered, and ive seen it done. I have personally been involved in derogatory allegations against nominees where a polygraph was taken and, in fact, in those cases its cleared the nominee. So dr. Ford took a polygraph exam. Judge kavanaugh will be offered one, and if he refuses, it will be noted, and im going to tell you something. With the number of people believing that dr. Judge kavanaugh lied somewhere in the nomination process or yesterday regarding some small things and or some big things, he may have a problem taking a polygraph exam. I would be surprised if he agrees to take one. Wow, and barbara, what is whats their ability to compel if people dont want to cooperate . Well, with regard to someone like mark judge or others, thats a place where you could run into some problems. It is not required to talk to an fbi agent. It would be purely voluntary. If mark judge or others would refuse to talk to the fbi agents, the remedy really is to go back to the senate and ask them to issue a subpoena for their testimony before the committee. In light of the short time line that has been put on this, one week, i dont know that if someone refuses to cooperate they could get them subpoenaed and appear before the committee in that short period of time or in they would have the political will to do so, so far mark judge has said he is willing to cooperate. If i were Brett Kavanaugh and i believed i was innocent and really wanted this confirmation, i would urge all my friends to talk with the fbi. So thats really the remedy is a subpoena, but well see whether the chairman has the political will to issue one. As they say the fbi is your friend if youre telling the truth. I could not ask for two better or more learned guests to come along right after this piece of paper was place instead my hand. Barbara mcquade, frank ficlusi. Thank you both. Coming up for us, the political stakes are high in this week ahead as weve established especially when you consider those midterms looming less than six weeks away. Midte less than six weeks away know what goes great with steak and shrimp . More shrimp. And you know what goes great with that shrimp . You guessed it. More shrimp. Steak and unlimited shrimp, starting at 15. 99. Only at outback. If we listened more . Could the right voice, the right set of words, bring us all just a little closer, get us to open up, even push us further . It could. If we took the time to listen. The most inspiring minds. The most compelling stories. Download audible. And listen for a change. Minutes can mean the difference between life and death. Download audible. Proposition 11 saves lives by ensuring medical care is not delayed in an emergency. Proposition 11 establishes into law the longstanding industry practice of paying emts and paramedics to remain oncall during breaks and requires they receive fema level training in active shooters and natural disasters. Vote yes on 11 to ensure 911 Emergency Care is there when you or your love one need it. Have you thought at all about a replacement for judge kavanaugh . Not even a little bit. Not even a little bit. President trump is firmly standing behind his Supreme Court selection even as he authorizes an fbi investigation into Brett Kavanaughs past. Weve just learned in the last few minutes that investigation is up and running. It was, as we said, Arizona Republican senator jeff flake who may have changed the course of History Today after huddling with democrats, he was allowed to announce the delay for the investigation. No one saw it coming. Politico is reporting it this way. Senate Republican Leaders were rattled by the arizona senators move, and they say flakes maneuver dropped a political land mine in the lap of majority leader mitch mcconnell, ill say, and the white house which now must keep kavanaughs nomination on an already narrow path to approval. Lets talk about all the aspects of it with mara gay, were so happy as a newly minted msnbc contributor and john thnathan a an nbc National Political reporter. About the hill, very few genuine surprises left. It turns out this guy from arizona who has the true serum of retirement and is no friend of this president had a move up his sleeve today . You hit that on the head, brian. Im not sure anybody knew what jeff flake was going to do. Obviously chairman grassley seemed to be somewhat unsure of had the vote scheduled for 1 30. You could see him conferring with die an feinstein. President trump has tweeted nasty things about jeff flake calling him a flake, before flake has said nasty things about the president. One thing i would keep in mind here, jeff flake thinks the Republican Party has moved a lot on him rather than him moving away from it. When he was in the house this is a guy who was considered an ultraconservative. In the senate hes been considered much more moderate. The one thing thats been consistent throughout, i think, if you look at where hes from, arizona, hes got that sort of western independence about him, and hes also not about geography or about political ideology. Hes one of those people, one of those rare people on capitol hill who has a genuine sort of kindness and gentility about him, and it would not surprise me if that confrontation in the elevator really weighed on him. Mara, i dont know that well ever have a monument on the mall that is an elevator door being held open by the feet of two women with a startled figure of a senator inside, but maybe we will. That is by way of saying you can draw this line from dr. Ford through these two women in the elevator today. They just might have altered a little bit of contemporary history. Thats right. Im so glad you brought them up. I might not get their names right. I believe its Maria Gallagher and then Anna Maria Archila. Archila. Thank you. They deserve as much credit as senator flake does today. They put a human face, took it straight to the senator. We owe them a lot, i think. I think we also saw someone, how sad is it that senator flake isnt necessarily a hero, but he did the right thing today. Due diligence. Due diligence. He did his job, you know . Imagine if his colleagues could muster that kind of courage. Well see where it goes from here, but i just i think hes been an example of what weve been hoping to see from senators, which is actual leadership, and you know. John, this cuts exactly two ways. Talk about the base thats fired up if this guy gets confirmed. Talk about the base thats fired up if this guy gets turned away. Both sides say that their bases are going to be fired up either way. What happens is if he gets confirmed the Democratic Base will be more energized. I think if hes defeated the Republican Base will be suddenly energized to come to President Trumps aid. I think thats the way things are most likely to play out. As a new contributor here around here mara, you know how to be great in 45 seconds already. Tell me about this week in terms of american women and are we more divided than ever . Did we come a little closer today by dent of this one senators actions . I think that it was an exhausting week, not just for american women but for those who love us and those who we love, those who believe us, those who are hearing our stories, sometimes for the first time and sometimes not. You know, ive talked to a lot of my friends, and we are exhausted but were also extremely empowered seeing dr. Blasey ford telling her story and watching it really upend a Supreme Court nomination, and so theres a lot of power in telling our stories. I just hope that americans give women the respect they deserve by listening. I thank you both, mara gay, john allen, appreciate you joining us on a friday night after the week weve had. Coming up, a federal judge tells 200 members of congress they can indeed sue the president of the United States, so theyre going ahead with that. More details when we come back. That more details when we come back just hit me on the old horn. Man toms my best friend, but ever since he bought a new house. Tom its a 10 cover . Oh, okay. Didnt see that on the website. Hes been acting more and more like his dad. Come on, guys jump in the waters fine tom pritchard. How we doin . Hi, there. Tom pritchard. Can we get a round of jalapeno poppers for me and the boys, please . Ive been saving a lot of money with progressive lately, so. Progressive cant protect you from becoming your parents. But we can protect your home and auto when you bundle with us. But we can protect your home and auto as moms, we send our kids out into the world, full of hope. And we dont want Something Like meningitis b getting in their way. Meningococcal group b disease, or meningitis b, is real. Bexsero is a vaccine to help prevent meningitis b in 1025 year olds. Even if meningitis b is uncommon, thats not a chance were willing to take. Meningitis b is different from the meningitis most teens were probably vaccinated against when younger. Were getting the word out against meningitis b. Our teens are getting bexsero. Bexsero should not be given if you had a severe allergic reaction after a previous dose. Most common side effects are pain, redness or hardness at the injection site; muscle pain; fatigue; headache; nausea; and joint pain. Bexsero may not protect all individuals. Tell your healthcare professional if youre pregnant or if you have received any other meningitis b vaccines. Ask your healthcare professional about the risks and benefits of bexsero and if vaccination with bexsero is right for your teen. Moms, we cant wait. As we mentioned earlier tonight, a lawsuit alleging trump is violating the constitution by doing just that was given the green light to go ahead. Theres the headline. Congressional democrats lawsuit alleging trumps private business violating the constitution can proceed. And it says that trump has been making money from Foreign Countries through his Business Empire throughout his presidency thus far. With us for more, David Farenthold Washington Post reporter whos covering the president s business and conflicts of interest. This has become your journalistic cause. Lets play a Little Common sense here. So youre the emir of kuwait and you have your choice in d. C. Hotels, it would make absolutely perfect sense for you to rent out a couple of floors in one of trumps properties. Is this the kind of thing that people cant believe is happening in plain sight . Well, so we dont really know that much. We dont know the full details of what President Trumps company has been doing with foreign governments. We do know some examples. You mentioned kuwait, they rented out big ballrooms at Trumps Hotels in d. C. Foreign heads of state have stayed there. We saw some internal documents from trumps hotel in new york in central park where they said we werent having that great of a first quarter, revenues been declining but thank goodness a whole bunch of people traveling with the crown prince of saudi arabia stayed at the hotel. It saved the whole quarter for us. We know theres this business there, but we dont really know exactly whos paying and how much theyre paying. We dont see the full extent of it. These lawsuits might allow us to do that. And courts like to talk about standing. What standing do you have to sue this individual or this company, what standing do 200 members of congress have . What is whats their stake in the president , if hes guilty of this . This was really interesting. This is the big hurdle just to get your foot in the door of the courtroom. Does the judge say you have a right to bring a lawsuit. Members of congress normally cant just sue the president because theyre supposed to be using congress for whatever their political ends are, right . You cant try to convince your fellow legislators to do something, fail and use the courts as a plan b. Its a high bar for congressmen suing the president to be allowed to continue. In this case, though, what the judge said was that basically the emoluments clause of the constitution, the constitution requires President Trump, if hes going to take a payment from a foreign government, he has to come to Congress First and ask if its okay. He hasnt done that. He hasnt made any effort to get congressional approval. The judge said basically members of congress your vote has been nullified because you havent been given the chance to make this decision the constitution requires. In this rare case i will allow you to proceed with a lawsuit. In the seconds we have left, remind our viewers some of this work that has earned you a Pulitzer Prize, some of these investigations have been spread out . Yes, weve been looking at aspects of President Trumps charity, which has result instead this lawsuit filed by the new York Attorney general against him, and one thing weve been looking at in the last couple of years is trying to understand how his businesses are doing and to understand what these lawsuits are trying to get at. Who is using the president s businesses to influence the president s administration. How is mowpower making him mone and how are other people using his businesses to influence his power. David farenthold of the Washington Post, always a pleasure. Thank you so much for coming on our broadcast. We appreciate having you. Well take a break, when we come back, after a week that will be defined by our partisan divide, well ask another pu Pulitzer Prize recipient what its going to take. 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How about using that pen to sign up for new insurance instead . For drivers with accident forgiveness, Liberty Mutual wont raise their rates because of their first accident. Liberty. Liberty. Liberty. Liberty. This whole twoweek effort has been a calculated and orchestrated political hit fueled with apparent pentup anger about President Trump and the 2016 election, fear that has been unfairly stoked about my judicial record, revenge on behalf of the clintons, and millions of dollars in money from outside left wing opposition groups, and as we all know in the United States political system of the early 2000s what goes around comes around. You dont often hear that from a federal judge. That was a very angry Brett Kavanaugh yesterday, and now that man facing questions about his temperament and his past will have to wait just like the rest of us while the fbi investigates all because in one brief shining moment today, partisanship broke out of the way and bipartisanship broke through, and with us tonight to talk about it, the Pulitzer Prize winning author and historian, john meacham. His new book is called the soul of america, the battle for our better angels. Were some of those better angels cleared for takeoff today do you think . They made a rare appearance and were all the better off for it. This week was a stress test for the american order, unquestionab unquestionably. It was a battle between tribalism and the best intentioned search for truth, and it looked as though until about midafternoon today that tribalism was going to win as its won so often in recent decades, as its won from age to age actually, and there was this moment where, in fact, we decided or one person decided, jeff flake, clearly encouraged by democratic friends, encouraged to actually allow reason a chance to take its stand against passion in the arena, and thats the Great American insight. Thats the great animating idea in many ways of the American Revolution itself was that we were not going to be run by divine rights of kings or automatic ecclesiastical rights, people werent going to be able to tell us what we were to believe simply because they won an election or they were born into a certain family. And the idea that we could take on contrary facts, we could make up our own minds is in many ways the promise of the country and is often as we both know, is often more honored in the breach than the observance, but today was one where we observed it. So many of the moments you write about should come with a sound track. Theyre grand, and this seemed by comparison so modest, a modest woman ph. D. From california raises her hand and gives her testimony and two equally modest women jam their feet in an elevator door, get the attention of a u. S. Senator, ends up changing his vote that could change the court trajectory. I guess moments become more grand as time passes . They do, but the wonderful thing about history, particularly american history, is we have made our greatest progress when the seemingly powerless have caught the attention of the powerful, and in the sweep of things, rosa parks december 1st, 1955, refusing to get up helps ignite a movement, alice paul, the suffragist who decided to move to Lafayette Square and make sure that Woodrow Wilson saw women protesting for her cause, the right of women to vote every day. The shot heard around the world. You know, it goes on and on, and its the wonderful thing about a democracy, about a democratic republic is that people far from the corridors of power have the opportunity to bend the arc of history, as theo dor parker put it and dr. King put it. We dont know whats going to happen with this nomination. We dont know if kettle drums will be playing, or when ken burns makes this someday, how that will sound and feel. We do know this that this week the country was hurdling toward another tribal bar fight with immense implications, and we got to hit pause and see what we could find out to make a better decision. Number one job of a television host, always have people on who are smarter than you. That is part of why jon meacham always has guaranteed work around here. Thank you my friend as always for summing things up on a friday night. And the last thing e before we go tonight is a reminder that this week weve just been through has just been a week long. It feels longer, i know, but we checked, and heres what we found. Remember back on monday when the president was here in new york meeting with World Leaders at the united nations, and all the talk was about whether Rod Rosenstein was going to be able to keep his job . It was a much simpler time back then. Tuesday gave us the president confusing his u. N. Audience for that at a trump rally, and then he got laughed at when he asserted, quote, my administration has accomplished more than almost any administration in the history of our country. It was as if those u. N. Delegates knew about the martial plan or the new frontier, or the great society. Wednesday gave us the president s wild 81minute press conference, the one where he insisted those World Leaders were laughing with him, in fact, the day before and not at him. He also called the attacks on Brett Kavanaugh a con job by the democrats and wondered aloud if George Washington had ever faced any me, too, allegations of sexual misconduct. Thursday, just yesterday was, in fact, and for all time one for the history books because of that split screen, dr. Christine blasey ford told her story in testimony that was raw and measured. The tears and the anger actually came instead from the federal judge. Brett kavanaugh called the whole thing a calculated and orchestrated political hit fueled by anger at his president and revenge for the clintons. And today kavanaughs nomination made it out of committee where it then came to a halt as we all as we said must now wait for the fbi to do its job. Thats our look at the week that was, and that is our broadcast on a friday night and for this week, thank you so very much for being here with us. Have a good weekend and good night from nbc news headquarters here in new york. In new york over time, lets play hardball. Good evening, im Chris Matthews in washington with all the political and moral consequence it holds, the contest over the nomination of Brett Kavanaugh to the United States Supreme Court has been just that, a contest. And tonight what looked like a victory for the president early today has gone into overtime. Late today President Trump ordered a supplemental background check be opened on kavanaughs file hours after the senate Judiciary Committee requested that he do so. Kavanaughs fate now lies
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