Transcripts For MSNBCW The Beat With Ari Melber 20180628

One from a witness early on said the shooter, killer reloaded, that gave him maybe a chance for people to get away. Also had police with quick response, 60 to 90 seconds, and they apprehend the guy alive. He could have charged them even with an empty shotgun but chose not to die. So we dont know the motive. It could be an attack on journalists for their job, the guy chose to live. Makes me think the guy has issues. Youre referring to the potential motive that authorities havent nailed down. The point is while tragic in any situation, that it would be a different type of crime analysis if this were workplace dispute or domestic dispute with larger motive, larger agenda. Right. Exactly. If theres political motivation say against journalists, the commanders need to sort that out, if they can find that out, need to tell the nation that if true. If it is localized, revenge targeting the gazette, they may hold it longer. Not as critical that Everybody Knows that, and the investigation can proceed. That would be the recommendation if i was in command area, thats what i would be saying to the chiefs. If it is that larger motive, we cant hold it because other journalists could be in danger. Weve had neonazi alt right calling on journalists this last week. Sometimes theyre in the political talk. Again, we dont know what authorities are going to determine at this early stage. Stay with me, jim, and bring in hans nichols who is part of breaking coverage, and is at the scene. What are you seeing on the ground . Reporter were seeing a Massive Police force, massive presence here trying to secure the area which they say they have. We basically know some of the outlines, but resetting quickly, five dead what police have confirmed. They walked away from that number, then reconfirmed it. They hinted, didnt say they were certain there were three injured. Dont have an idea how many people were inside that newsroom. To set a scene for you, as far as the eye can see there are police cars. This is a wealthy part of the country. Anne arundel county has expensive homes on the waterfront. You have a Nordstroms Department store there. They were taken across the street to lord and taylor. Prosperous part of the country, many exmilitary retired here. You get a sense theres a Strong Community and this newspaper was part of that community. I talked to one local and they said the nickname for it was the crab wrapper. They obviously wrap a lot of crabs in this part of the country. It is part of the fabric of this part of the country. What we need to figure out moving forward is more clarity on the gun. Initial reports were shotgun. Thats important. If it is a shotgun, thats quite common, used for hunting frequently and doesnt have that many rounds. Typically they hold three rounds, you can take out the plug, put in five. Also a shotgun thats not a high velocity weapon. It gives you a sense there wont have been that much range they have. All that said, we also have reports it was a long gun. A long gun doesnt negate the possibility it is a shotgun. Still awaiting crucial details. Thank you both. We will keep an eye on the shooting investigation, and update as warranted through the hour. We turn to the other gigantic story in politics, policy, law and the future of the nation. Shock waves when it was only in the last day Justice Kennedy made a surprise announcement he is leaving the Supreme Court. Democrats vowing to explore any way possible to stop donald trump naming a successor before mid terms. There are fears that trump will use this to radically reshape the court, nominating a hard right judge to replace kennedy, in some cases has been a swing vote. That could put the court as a conservative tilt and roll back protections for women, minorities, lbgt community. Former Vice President joe biden coming out of Senate Judiciary committee before he became obamas running mate says in normal times in a divided senate, the president would look for a consensus candidate and the other president would try to do that and try to get votes from both parties. No one thinks we are in normal times. Biden is saying its up to us, america, speak out, rise up, be heard. Many womens rights leaders are doing just that. Our phones have been ringing off the hooks, cant keep up with the emails wanting to know what to do. I need to be really clear in delivering a message. Any attempts at appeasement will be disastrous. The American People are depending on these jurors to stand strong. Were mobilizing across the country to make sure our senators know you cant support a justice that will overturn roe v wade. Are the Democratic Senators hearing the messages . Some say theyll stand tough. Based on every conversation with my colleagues so far this afternoon, everybody is prepared to play hard ball. Push this off until after the le election to take it to the people . We have to fight. What does that mean, shut down hearings . Widen, say youll should down the senate from other matters . Block funding for Donald Trumps priorities Going Forward . Do you try to recruit members of the gop caucus who say theyre prochoice, two female senators to act that way on this vote . The democrats arent opening up on plans today. My colleague Chris Matthews made waves saying they must figure it out now. They will find a way to do it. There are ways to slow down votes, there are ways to prevent a modest majority from getting its way. They will find that way or they will fail. If they fail, they will lose their leadership. The party will not accept failure on this front. Chris matthews knows the congress and if you hear what he just said, he is speaking plainly to chuck schumer, nancy pelosi, saying your jobs are on the line now. The republicans are not giving up at all. They dismiss comparisons to 2016 when Mitch Mcconnell broke precedent, refused to hold hearings let alone a vote or president Obamas Supreme Court pick. This is not 2016. There arent final months of a second term constitutionally lame duck presidency with a president ial election fast approaching. Many times in politics you get different realities from different sides. I want to begin the conversation tonight with a larger point. Both sides agree on one thing. The stakes on the fight are huge, they will outlive the presidency of donald trump. Rights that Many Americans think of as part of being american are at stake. A new justice could make decisions about what happens at the end of a Mueller Probe that relates to legitimacy and potential criminality of the current presidency. Consequences could reverberate for decades. Remember this so we have to pick a great one. We have to pick one thats going to be there for 40 years, 45 years. I am joined by a top aide to hillary clinton, ceo of center for american progress. They support prochoice female candidates. Donna edwards, former maryland congresswoman. Stephanie, is this the new litmus test for all democratic elected officials . The Democratic Party in 2016 strengthen their Party Platform on access to reproductive choice in this country. You Better Believe women across the country are going to stand up with everything they have. We recognize that the next justice nomination means everything for generations and for women, i mean, were talking about a president who promised, prometheus promised he would apoint somebody that would criminalize abortion and punish women. Thus far, he kept to all of his terrible promises. I dont know why he would walk away from this one. I believe the democrats are ready to do just that. You talk about that from a position of substance. You worked on these issues through your life. The politics of this are important because it is a political battle that will be won or lost, and the political argument on the choice issues is that it could move republican senators if this is seen as the focus, reading from a democratic leak to the wall street journal, an aide saying the party sees a Campaign Around abortion rights the best shot to make voting for trumps nominee unpalatable as possible. Both say they support roe v wade, the foundation for womens rights under a Supreme Court press departme. A Trump Nominee from the list he put forward will overturn roe, and essentially undermine womens freedom in this country. The second issue is that this court and this president is focused like a laser beam on destroying the Affordable Care act, ensuring millions lose coverage, including preexisting conditions. I think both those issues are paramount. And frankly, both of those issues are ones in which Lisa Murkowski and Susan Collins made pledges to their constituents their actions would not hurt, would not undermine. They claim to be prochoice, to be for roe and access to womens health, and they claim to be supporters of health care and not insuring that people lose coverage. With this decision theyll make a choice about the future that effects both those issues for millions of people. Donna . I dont think democrats will be able to sustain our party if we roll on this nomination. I think it is really critical to getting out our voters for the elections in november. I also think this is really about who we are. In addition to the things that stephanie laid out, we are talking about voting rights, immigrant rights, lbgt rights, and the litany goes on. You wept through the list. I think it is imperative for democrats, Senate Democrats dont even let a resolution on naming a post office go through unless theres a guarantee were not taking up this nomination until after the election. Youre saying shut down the entire senate. This is something i wanted to ask senator booker about later in the hour. It is one thing to say fight, fight, fight, and voting against a nominee is not hard for democrats. Are you saying shut down all Senate Business . What Senate Business is going on anyway to be honest with you, either in the house or the senate. The republicans are playing hard ball. Theyre prepared to use this as an Election Year strategy. Democrats need to do the same because it is not just about our party, it is about our nation. I think it is that important. And let us be really clear. I wasnt happy with the strategy in 2016 because i thought it would result in exactly what we have right now. What strategy . The strategy of basically slow rolling the garland nomination, enabling it to go through. I think it is time for us to really stand on behalf of all our grass roots who are going to be out there and ready to fight, putting public pressure on senator collins and senator murkowski, and the inside game of working with the two senators who claim as she stated that theyre on behalf of womens reproductive rights. Lets put it on the line. They can drive us to consensus nomination. Shes referring to the strategy the democrats have. A lot of democrats would say they didnt have one. They know you as a hillary person. I also know you as a political person, and i think youre on the harder edge side of street fighting compared to some other folks in the party. But what is your view of the fact that people out there think that democrats dont know how to do the street fight and dont know how to hit back as hard, and Mitch Mcconnell was rewarded for hijacking. How do they tactically stop that and make consequences this time . You know, i absolutely think the lesson of the trump era is you cannot bring a knife to a gun fight. The tactics that are used against democrats, against minorities are ones that are extraordinary. Basically Mitch Mcconnell has broken all the rules and all of the norms for raw political power, achieving the ends of donald trump. Thats something that we all have to cope with. The reality is the best vehicle we have is direct democracy. What actually worked to save the Affordable Care act was not saying nice things in congress, it was people flooding town halls, it was people getting to airports and basically tailing, senators leaving. It was the American People rising up. We need to do that. Right now, i am for every democrat signing onto this, but the reality is every democrat isnt enough. We need 51 votes. We need the American People to tell republicans that they have to hold our constitution as something that they uphold. There has been no check to this president. Now were looking at a court, there will be no check on donald trump either. And let me remind folks as you pointed out this Supreme Court justice could determine Robert Mueller could issue a subpoena to donald trump and could vote against it. Thats why donald trump is a minority president , elected by a minority of the country. We need a consensus nominee, one that gets a super majority, one that is not the extreme of the hard right, one that a majority can support. You make an important point about inter branch issues. There are some things that have authority of the president. This is not one. Senate has a role, they represent the rest of the country, and as a political matter donald trump didnt come in with a mandate, he came in with a deficit. He got fewer votes than the other person. As a political matter when you deal with the senate and the rest of the nation, there isnt that legitimacy. Listen to what donald trump said last night. Justice kennedys retirement makes the issue of Senate Control one of the vital issues of our time. He is betting this is going to help his base turn out mid terms. Final thoughts, stephanie . We have seen millions and millions of women across this Country First march of 2017, seen a Record Number of women run for office. Do you think this is going to slow down motivation of women . Youve got to be kidding me. What were seeing is as women across the country step up right now with extra enthusiasm, recognizing that their futures are at stake, their childrens futures are at stake with this court neimominee and everything that goes around it. There might be additional enthusiasm on the right, but there are more of us than them. And i am seeing this energy build up and build up and this moment more so than ever, to every woman listening out there, you have to take action. This is not the time to stand on the sidelines. This is the time to call your senators, to make sure youre registered to vote and that you have to vote and bring everybody with you because our future depends on it. Thanks to each of you. A lot of food for thought. Coming up, senator cory booker makes his first tv appearance for interview since the Supreme Court fight began. I ask him about his game plan. Trumps pick, smashing back at republicans and the idea that the Mueller Probe is made of just of democrats. I do not consider myself an angry democrat. Im not a democrat and im not angry. New reports, mueller investigating were so Many Russians have vip access at the transmission inauguration. Youre watching the beat on msnbc. Not cool. Freezing away fat cells with coolsculpting . Now thats cool. 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Trump stepping up assault on the russia probe itself. And then they go after us for a russian hoax. A witch hunt hoax. Isnt it incredible when you talk about a double standard. Bob mueller doesnt respond to this kind of thing, but we can follow his work. He is now eyeing russian oligarchs that had vip access to Trump Inauguration events. Mueller is subpoenaing roger stones former aide. Trumps allies in Congress Following his lead dramatically today. It was a big event, series of attacks on Rod Rosenstein. Talk about the mueller investigation, it is the rosenstein investigation. You appointed mueller, you supervise mueller. Theres an old saying justice delayed is justice denied. I think all of us are being denied. Whatever you got, finish it the hell up because this country is being torn apart. The judge that heard mike flynns case, why are you hiding that. I heard no allegations publicly and on tv. If you let me respond. Mr. Chairman, he should be given the opportunity. Mr. Jordan. I am the Deputy Attorney general of the United States. Okay . Im not the person doing the redacting. My job is make sure we respond to your concerns. We have. I appointed mr. Loush who is managing that production. My understanding is it is going very well, sir. So i appreciate your concerns. House of representatives is going to say otherwise. Your use of this to attack me personally is wrong. Mr. Chairman, may the witness be permitted it is not personal. I am joined by former watergate prosecutor that worked with mueller, comey, and Rod Rosenstein. How do you think mr. Rosenstein did today . Thats about as heated as we see him get in a public forum. I got to tell you, i have not seen rod get that frustrated. Frankly, you could see the anger on his face. If you watched the entire hearing, i think he was called at various times a liar, a cheat, a coverup. Clearly i think my best guess is between the president and again remarkably members of his own party, which i assume nick will tell you even in watergate errors that didnt happen. They thumb the rule book o thrown the rule book out the window. Nick, ill play more of the exchanges. It was obviously political. It was very obviously partisan attempt to rough up mr. Rosenstein because i think the reason is not rosenstein is doing such a terrible job that the work itself would undermine him, rather that he or mueller may be finding something. It hurts the republican side. Here with another exchange about the ongoing investigation. Mr. Attorney general, do you believe as donald trump indicated that the investigation of which you have read the inspector generals report has vindicated mr. Trump as relates to collusion or is the investigation ongoing . There is an ongoing investigation, yes. And it is not completed . Correct. Of course it is not concluded. There are so many different avenues to follow here. The idea that this investigation is going to be completed overnight is absurd. Mueller has only been in office a little over a year. Already a number of people have been indicted, organizations have been indicted, people have pled guilty. This is how you build a case. The idea that the Justice Department works on a 24 news cycle and suddenly comes up with charges immediately is totally contrary to a rule of law, the way the Justice Department works, the way they put together cases. They have to prove their cases beyond a reasonable doubt. To do that kind of case, put that kind of case together, you dont do it overnight. You have to get people in the grand jury, youve got to take testimony. As we sit here now, we have no idea where this is all going at this point. We dont know where it is going to end. But it is not going to happen overnight. And whats happening here is an absolute outrage. Either theyre trying to undermine the investigation completely or on top of that theyre trying to pollute the jury pool thats out there thats going to be assembled very shortly to consider the case against paul manafort. I mean, the idea that our own government is trying to pollute that jury pool against the government is totally unprecedented and i dont think its ever occurred in our history before. And guy, i dont know if you saw the outtake of trey gowdy, leaning back, loosened tie, long night before the committee hearing, and of all of the people, it is a large committee, they can apportion questions the way they want. In the senate, sometimes theres a strategy on that. They give him justice delayed is justice denied when he had been going triple the length of the Mueller Probe with far less results to date. Yes, ari, no question. If you watch him, the guy is an effective crossexaminer. He knows how to do it. He knows how to find that little weakness, to open that door just a little bit, to go in, and once he smells a little blood in the water, he knows how to go after it. Look, theres some ammunition in this case, whether it is the fbi agents who were, you know, frankly sending inappropriate texts back and forth. On fbi devices, sure. Exactly. So theres some ammunition. Theyve taken that, theyve taken off gloves and they started hitting in the face as hard as they can. You said thats my recommendation. I am using youtube the wrong way. Guy lewis with good ideas when you have spare time. Thank you both. Up ahead, we turn to mcconnell getting ready for maybe the fight of his life. Senator cory booker joins me when were back in 60 seconds. You shouldnt be rushed into booking a hotel. With expedias addon advantage, booking a flight unlocks discounts on select hotels until the day you leave for your trip. Addon advantage. Only when you book with expedia. I am joined by cory booker who serves on the committee. Thanks for joining us on a busy day. You havent seen who donald trump will nominate to fill this pivotal vacancy on the Supreme Court. How do you develop a position before you know who its going to be . There are a lot of things we have to be clear and honest about as a country right now. Perhaps one of the biggest thing is shaking this administration, this president is the subject of a criminal investigation. You have a president thats making a lot of loyalty tests and other things from people, we know this now, should we confirm a justice coming from a person frankly theres a conflict of interest there, this judge could end up presiding over cases relevant to this investigation. Can a president pardon himself. Can a president be criminally indicted. Can a president dismiss the person investigating them. A lot of these issues may come before this Supreme Court and have a president with a history of demanding loyalty tests, should that person be able to while the criminal investigation is going on be allowed to make such an appointment. I say no. Youre suggesting it would be most prudent for the president not to be allowed to fill this vacancy while the probe is open . I am saying the senate should be acting in a responsible fashion. Democrats and republicans have already seen fit to think about potential constitutional crisis, a bipartisan bill with Lindsey Graham passed out of the judiciary committee, trying to protect the special counsel and this investigation. Here we have relevant facts that might come before the Supreme Court like i mentioned before that should this president be able to put people in place that could come back and protect him, a president who asked for loyalty tests, asked for a litmus test like that. I think thats imprudent and we shouldnt do it. Do you think this president would look to fill the vacancy to try to protect himself against the issues you mention . Against having a Supreme Court as it did with nixon that might rule against the president , force him to provide evidence . We have a president said he knew Jeff Sessions would properly act to recuse himself. Wouldnt appoint Jeff Sessions. Heres a guy had conversations with comey that clearly indicate was looking for a loyalty test. Heres a president doing a lot to protect himself. Theres growing concern that he is not only issuing pardons to others, may look to pardon himself. In this environment, while this investigation is well under way, taking a pause now, waiting until the outcome of the criminal investigation of which President Trump is the subject of, it seems like the responsible thing to do to me. Thats your goal and youve laid out the rationale. How do you achieve that within the rules of the senate . How would you prevent that under the current structure of the senate . Again, were in a really unfortunate period of American History right now. We have a legitimate president , under president obama, with a year left in his term, and Mitch Mcconnell saying he was setting a standard subverted that, stole away from the president in the last year the ability to appoint somebody to the Supreme Court. Thats the way the majority is going to go, i have no illusions theyre going to stop at nothing to do a generational shift in the court which will take away the freedoms and liberties that so many of us have come to enjoy in this country. Like the freedom of a woman to make her own health care decisions, like the freedom of gay americans to marry. There are so many things, there are people on the right have been saying, on the far right, that it is their intent to take away those freedoms from americans. I see it as a dire period where theres a lot at stake, but im not conceding anything. We have to fight this every step of the way. I think this is a time for the American People to speak up, make sure their freedoms in the balance now are protected. I think what a lot of people want to know when they hear you say that, how do you do that. On the judiciary committee, would you prevent the hearing taking place of this nominee . Would you use boycotts . Try to disrupt a quorum . Filibuster . What are the tactics . Im not going to explain all of the tactics and strategy with you now, but there are a lot of conversations going on. I dont want to give any illusions that they dont have power, the numbers, the last election we had, the 2016 election. We said this during the campaign, this could end up being one of the most important elections because of the Supreme Court, because of what republican majority has shown a willingness to do. What were seeing now in terms of taking away the blue slip, sounds like a technical term, these were protections that allowed moderate judges to come aboard. Theyre trashing that in a rush. This is a president that appointed more people than any president in modern history because of the way theyre trampling procedures and senate norms. I understand what were in for. I understand that last election has in many ways undermined our ability to get a lot of this done. I stand before you as the fourth popularly elected africanamerican in the history of the United States senate, because of folks that did not accept even the most tortured decisions. They still stood up, fought, reclaimed freedom and justice in our country. Thats the point we are now. I am not going to meet out a strategy, but every american has to know we cannot be silent while this is going on. Let me respectfully push you. Youre saying something we heard other legislators say, they dont want to do the strategy on day one, first full day since the news. I used to work in the senate. That makes sense. I get what youre saying. Yet the counter argument is that Mitch Mcconnell and ted cruz and other colleagues, they did step up immediately and layout their public strategy which was no hearing, no consideration, no nothing for merit garland. Your viewers appreciate it was different depending who controlled the senate. Why wouldnt it be the case that democrats begin today, those that share your position begin to lay it out so there are clear lines, whether it is boycotts, defunding the government, shutting down the government, i dont know. It is your strategy. Why not lay those down in public if you mean them . We have laid out a lot of things. First and foremost, everyone has to be involved. It has to be a moment of america organizing, activism like we saw that prevent them ripping away health care when they tried to do that. What you saw when the first muslim ban came out, people were in airports around the country. The first part of any strategy has to be engagement an act vic activism. We need to be sure theyre hearing from people. Whatever effective strategy, it has to focus on people understanding the impact it will have on their lives, a womans ability to make their own medical decision. You and i know if the Supreme Court justice could see it, there could be states within days that are banning abortion in the case of rape and incest. Banning abortions in case of the life of a mother being threatened. These are the kind of liberties and freedoms at stake, and any strategy to begin with americans deciding not to be silent. So much at stake. I know your time is short. Final question on a different issue. Republicans in the house going hard at Rod Rosenstein saying that he is not providing the right information to congress, that they may take further steps against him. Do they have that right . Is Rod Rosensteins cooperation with congress sufficient . Your view. First of all, this is rank hypocrisy amongst republicans. Ken starr saw this activity from republicans, maybe there would be a consistent leg to stand upon. Here is a federal investigation initiated by republicans in this president ial administration and now in every way possible House Republicans are trying to undermine the investigation and undermine us getting to the truth. The president said he has done nothing wrong and we should not be trying to attack this investigation. Let it come to a conclusion without interference, and rank political interference, trying to undermine an ongoing investigation. Senator cory booker, taking a clear stand on a lot of big issues. Appreciate you spending time on the beat. Thank you so much. I could go on. Thank you. What does history teach about tactics that the senate could use to thwart Donald Trumps pick . It goes back to lincoln. Michael beschloss is next. Beats down to acapulco bay its perfect for a flying honeymoon they say come fly with me lets fly, lets fly away come fly with me lets fly, lets fly away im trying to manage my a1c, then i learn type 2 diabetes puts me at greater risk for heart attack or stroke. Can one medicine help treat both blood sugar and cardiovascular risk . I asked my doctor. She told me about noninsulin victoza®. Victoza® is not only proven to lower a1c and blood sugar, but for people with type 2 diabetes treating their cardiovascular disease, victoza® is also approved to lower the risk of major cv events such as heart attack, stroke, or death. While not for weight loss, victoza® may help you lose some weight. announcer victoza® is not for people with type 1 diabetes or diabetic ketoacidosis. 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Ask your doctor about victoza®. The Kenya Tea Development agency is an organization that is owned by tea farmers. Every week we sell this tea, we get paid in multiple accounts. We were looking for a bank to provide a safe and Efficient Technology platform to pay our farmers. Citi was the only one that was able to ensure that this was done seamlessly. And today, at the touch of a button, all the farmers are able to get their money, Pay School Fees and improve their standard of living. With citi, we see a Bright Future for our farmers and their families. Im not conceding anything. We have to fight this every step of the way. I think this is a time, especially for the American People, to be speaking up to make sure their freedoms which are in the balance now are protected. Cory booker says it is time to fight. I am joined by nbc president ial historian Michael Beschloss to talk about details that senator booker didnt want to get into it, how would this work, lessons in history. I will be honest, youre a little too classy for this. I want to go through our history with a lightning round. Lets go through three examples. The first is the big picture, Rachel Maddow my colleague talked about this last night. The choice facing Democratic Senators. No democratic senator has a reason to volunteer to be a doormat on the issue of the Supreme Court, right . Democrats as a unified block, every single one of them, have no reason to go along with any meetings, any hearings, any vote on the Supreme Court nominee before the election. Big picture. What does history say about that premise . It says the rules change all the time, maybe no time more so than 1987 when robert bork was defeated, not because he had an ethical, which was usually the reason they would get defeated, but ted kennedy and others said this is someone whose views are so far from mainstream, he shouldnt sit on the court. He was defeated. That hadnt happened in as dramatic a way before. Since then weve seen it a lot. That was one of the first times we saw an outright Public Statement that ideology or where someone stood was going to be used instead of just the ethics and the aba professional stuff. The other thing experts are asking is what happens if people dont show up. Avoiding a quorum. Abraham lincoln jumped out a second story window to avoid a vote on a bill. And senators walked out of congress for a spending bill fight. That prompted democrats to order the sergeant at arms to chase them down and arrest them. The yaes, 45, and nays 43. The motion is agreed to. The clerk will continue to call names of absentee senators. And the sergeantatarms will execute the order of the senate. That order with all those empty desks was to arrest gop senator bob packwood, carried to the chamber feet first. I do not come fully voluntarily with sergeantatarms and all the staff surrounding my office. Could that work today . It could happen. Sometimes youre glad to have cspan. Maybe this is one of them, although they didnt get him dragged in. That goes back to 1798 when there was a senate rule passed saying if people were staying off the senate floor to deny a quorum to people that wanted to do something they didnt like, sergeantatarms could send Senate Police out to actually arrest senators and drag them into the chamber. Didnt happen often. But did there. Thats fascinating. That goes to the idea of legitimacy and whether this should continue this way. The other thing people forget, we know the senate is polarized, it operates on unanimous consent agreements. Sometimes one senator can muck up everything and use the chamber rules to slow things down. Chris matthews has talked about this. Ron johnson ground the senate to a halt when he wouldnt participate in the consent agreements on normal business in 2011. The senate runs on something called unanimous consent. So unless we receive some assurance from the democratic leadership that we will actually start addressing our budget out in the open, in the bright light of day, i will begin to object. He was saying he would object to everything. Does that work . In that case thats really bygone days, ancient history. We saw a republican senator that cared about the deficit. Seven years ago. I dont think well see that again for a long time. I think the main thing, ari, is the next four months were going to see things we have never seen before. You and i, i think, will be aware of senate rules. I dont know about you, im sure i am not aware of tonight and will be a few months from now. Anyone that says they can predict what this struggle will be like is kidding themselves. They cant. You speak to a type of interpretive humility. Chris matthews, a lot of democrats were hearing what he was saying. I think it happened into how people in the country feel. He says when the senate is this divided, there are ways. Im thinking about constitutional history. In law school you dont learn much about the emoluments clause, let alone everyday life. Yet it surged back in the trump era. Theres a president that wants to run a business and profit from it as president. Never had that before. Right. Are you saying that basically if the democrats do this right, there is an avenue to find something somewhere that can grind down the senate or do you think basically if Mitch Mcconnell makes this his one lifes mission before mid terms, the odds are with him because theyre in majority. The odds are with him but not prohibitively. I think it is possible if the Democrats Use the rules of the senate in a shrewd way, some of the rules that were not even aware of, if they mobilize forces for abortion rielghts, a the ways we heard in the last 24 hours, you could see something almost poetic in the next appointment of the Supreme Court to succeed Anthony Kennedy something that really resembles the would be justice that kennedy replaced, robert bork in 1987 which is the possible defeat of a nominee in a way we havent seen before. I dont predict that. Thats not my business. I only deal with dead leaders, not living ones, but it is at least possible to see something we dont expect. Theres a saying in hiphop, dead president s, and it refers to cash which has president s faces on them, also your specialty, more of the dead than the living because you look backwards. Absolutely. Always. Michael beschloss. Great to have your insights. Appreciate it. Up ahead, new details im going to update you on in the last hour on the suspected shooter in maryland, how he was trying to hide his own identity next. Lets get started. Show of hands. Who wants customizable options chains . Ones that make it fast and easy to analyze and take action . How about some of the lowest options fees . Are you raising your hand . Good then its time for power e trade the platform, price and service that gives you the edge you need. Alright one quick game of rock, paper, scissors. 1, 2, 3, go. E trade. The original place to invest online. I thought i was managing my moderate to severe Crohns Disease. Then i realized something was missing. Me. My symptoms were keeping me from being there. So, i talked to my doctor and learned humira is for people who still have symptoms of Crohns Disease after trying other medications. And the majority of people on humira saw significant symptom relief and many achieved remission in as little as 4 weeks. Humira can lower your ability to fight infections, including tuberculosis. Serious, sometimes fatal infections and cancers, including lymphoma, have happened; as have blood, liver, and nervous system problems, serious allergic reactions, and new or worsening heart failure. Before treatment, get tested for tb. Tell your doctor if youve been to areas where certain fungal infections are common, and if youve had tb, hepatitis b, are prone to infections, or have flulike symptoms or sores. Dont start humira if you have an infection. Be there for you, and them. Ask your gastroenterologist about humira. With humira, remission is possible. We also want to report on new details into the newsroom about the lone gunman who killed five at a maryland newspapers offices today. Multiple Law Enforcement officials telling nbc the suspect managed obscure his fingerprints. Police using facial Recognition Technology to try to identify him. Were told hes not cooperating. 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Here we know a subpoena case is very likely involving donald trump to go to the United States Supreme Court and i will ask a nominee to commit him or herself that they will recuse themselves from sitting on that decision. Theres much more to say about the Supreme Court fight. Tomorrow, i have a special comment on that as well as a very special fallback friday. Ill see you back here at 6 00 p. M. Eastern. Hardball with Chris Matthews starts right now. What kind of u want to live in . This is hardball. \what kind o you want to live in . This is hardball. What kind of want to live in . This is hardball. What kind of want to live in . This is hardball. The good evening, im Chris Matthews. Washington where we are once again monitoring a mass shooting in this country. This time in annapolis, maryland at the Capital Gazette own a newspaper owned by the baltimore sun. According to police five were killed and several others gravely injured after a suspect entered is the office of the newspaper and opened fire. During the incident, one of the gazettes journalists tweeted there is nothing