Midterms because trump believes its return to the headlines will help republicans win votes. There it is. Today donald trump reupping his attacks on nfl players over the kneeling. This is on a friday heading into the anniversary of course of that Charlottesville White power rally. Were not going to read the tweet tonight from the president attacking the players in last nights game because it is not particularly newsworthy and were not going to show you all the headlines it sparked. You can imagine there were many of them. The actual developments we are going to show you because that is what trump is distracting from. They include mueller pressing for a wider interview with trump than hes willing to give which would launch a Supreme Court fight, an associate of roger stone in the Grand Jury Box today and getting another roger stone aid held in contempt today for refusing to testify at all in this probe. It includes the issuance of a new subpoena to an associate of Analysis and discussion of the days top stories and compelling issues from Lawrence ODonnell. Year ago at that White Supremacy rally. Today her mother spoke about accountability for those in politics who encourage hate and violence. I can tell you what david duke and Richard Spencer and Jason Kessler and i believe matthew have said, that is the Current Administration has given them the go ahead, given them a wink and a nod. Thats their words, not mine. Im joined tonight with the host of make it plain, columnist for the daily beast and an author, artist, activist. The book How To Be Black relevant here. I start with you. There is so much bad news following donald trump. There is a play book that we know and some people say he is president , so they will report on the tweet of the attack. Your view of what is important, what we should be focussed on thats his goal. Thats his effort. He could care less himself about the national anthem. The only anthem donald trump cares about is the Russian National anthem. Two facts for this. One, the polling of the president s tweet attack on lebron james, which again is a sad 2018 little statistic we have of these polls. But people overwhelmingly oppose this. 58 of americans saying they oppose what he said. Only 12 support. The rest say they didnt know about it or neither. Also, saying hey guy who won the president ial election, how about we get a statement on the Quote Unite The Right Rally quote this weekend . Some of these athletes who obviously many of whom are black that is the definition of demagoguery, is to use race and fear for political reasons. We know the players are standing up. Will the fans stand up . So i have some friends who are very distinguished an throw poll gists. Theyre older guys that originated in teachins in the 1960s against the vietnam war. They are trying to organize kneeling ins. They want fans at College Football games, young people, to kneel in solidarity with the players when they are in the stands. Well see whether that kind of thing happens. But i think trump is assuming there will not be push back. Im not so sure it will work. I think its sad the smallness of his game back for this possible blue wave thats coming, that the only play he has left is more racism, more division. Because hes turned away any potential moderates who might come to his aid. And it doesnt have to be that way. Other president s havent done it this way. But this guy is going for the darker path, for the uglier path. It is just a waste of president ial power. If he were killing it as president , i would get a tweet about the nfl All Day Every day. But there is real work to do and you were hired by us, the people. You are paid by us, the people. This is a big job and hes flaunting and flittering away the real opportunity he has to actually lead. When he is given that opportunity, he goes low every time. How much of that runs into the collective toll that cough corruption takes here . Im not going to vote for him or the republicans. Thats sort of a sitting voting block. As we all know, the way midterms and turn ultimater is everyone else. Is there a one, two, three, seven point shift when enough of the Corruption Stories congeal where, wow, the thing he ran against, the swamp, the pay for play to echo the point mark was make anything a different context, it was all projection of their own problems. It is really interesting. I talked to a democratic candidate in an ohio district, not the one on tuesday, a very conservative district. This guy has a chance. And months ago he was telling me it was only one issue in his direct, health care, health care, health care and focussing on people with preexisting conditions who would lose their protections if the democrats were not to get control of the house. Thats all they cared about. When i talked to him last week, he said corruption is coming as an issue. That these people in power are swamp creatures, and this would mean the democrats have the potential to turn, drain the swamp on its head so that the swamp that needs to be drained now is the trump swamp. They have a lot to work with on an almost daily basis. You have this congressman who is Insider Trading from the south lawn on the white house, caught on camera. Yeah. The white house is a crime scene. Right. And then you have the will ler ross, the commerce secretary. There is a story in forbes magazine, not exactly a liberal rag, saying he was a grifter to the tune of 120 million. So these are, you know, bad actors in this trump orbit. I think collectively its really going to hurt. We should add the reporting here also about devin nunes. That is an example of corruption. Hes on record saying that theyre going to try to do all they can to protect him and cover this up. We dont have to plot. None of us has to plot on behalf of each other to cover up something because we havent done anything. We havent committed any time. No crime has been committed. I dont have to cover you up if you have not done anything wrong. To me thats an admission they know hes in trouble. I think corruption is important to run on. I think it is important to continue to expose. Even if it werent a political season. Because even as rachel just reported, the tampering in the elections is still going on. Donald trump is the one that is unpatriotic, not these nfl players, not anybody taking the hit. It has nothing to do with the flag or the anthem. They are taking a knee was of injustice, the same injustice that happened to Heather Heyer a year ago. A white woman killed during the march to montgomery simply driving people to and from the march. I met her family and know her family. She lost her life standing up for whats right. Heather heyer was doing the same thing. Its a shame she should be wrong. Every day that donald trump dismiss it and creates this false equivalency, both sides do it, it continues to set us back. He is a danger. And i dont expect anything. But you said hes a small man. Hes small minded. And he has nothing in common with the integrity of these nfl players other than that helmet of a hairdo he wears on his head. As they say in court, tada. The contradictions are this is one of Law And Order. Law and order. Lets villafy immigrants because of Law And Order. Lets trash athletes because of Law And Order. Lets trash the inner city because of Law And Order. Yet these people look the other way when Law And Order is being so absolutely undermined by people who have the power to stop it and who themselves are committing it. Right. That dove tails with the question of what we were discussing about what is, what does corruption look like and what does it look like when people are defrauding the United States. My special thanks for this discussion. Coming up, are the president s tv lawyers playing around about this interview with special counsel mueller . Today, the president dropped for tweet bombs on bob mueller. Also some of americans Immigration Judges are in a kind of actual Accountability Mechanism against Jeff Sessions. Well explain and how it matters. Could a judge hold the countrys top Law Enforcement official in Contempt Of Court . Salads should look like this. Crisp leaves of lettuce. Freshly made dressing. Clean food that looks this good. Delivered to your desk. Now delivering to home or office. Panera. Food as it should be. Are you ready to take your then you need xfinity xfi. . A more powerful way to stay connected. It gives you super fast speeds for all your devices, provides the most Wifi Coverage for your home, and lets you control your network with the xfi app. Its the ultimate wifi experience. Xfinity xfi, simple, easy, awesome. It is rare for grand jury witnesses to actually be held in contempt because if you get a grand jury subpoena you have to talk. The authorities tell you that. Your lawyer will tell you that if you ask him and the last time a witness even claimed they might deny bob muellers grand jury subpoena, well, that was sam nunberg. It made big news. But he said he would talk. So todays news is important. It is the first time a federal judge has actually went ahead and found a witness in contempt in the mueller grand jury. The witness, former roger stone aid Andrew Miller who has repeatedly fought his required interview. To be clear and fair, this does not mean that millers definitely doing something wrong yet. Unlike sam nunberg, miller is not claiming he will deny the subpoena out of the view. He wants to file an appeal in court. They say their goal is to get a different judge who they hope will find muellers entire probe is illegitimate. In order to appeal the judges decision, challenging the constitutionally of the special counsel, we have to have a Contempt Order in order to go to the court of appeals. Thats one thing that happened today. Meanwhile, there is action at Paul Manaforts trial, but it took a turn to the mysterious. Today was going to be the day they rested their case. Then the judge halted the trial for hours. Then muellers team called ahead a Bank Executive who testified that manafort was trying to sell a job in the Trump Administration. This is big. This is the first Corruption Allegation in the trial that does implicate that future Trump Administration, though, there was no claim today that trump knew about this offer. While that evidence was making its way through federal court, what was Donald Trumps legal team doing . Were they working on a factual rebuttal or were they talking to legal experts or journalists about the facts . No. They spent three hours coguest hosting for shawn hannity, taking live calls and blasting the mueller probe. The way it started, the corruption at the out set. It looks like an illegitimate investigation. The president of the United States said it was a witch hunt. Still claiming he might offer trump up for a limited interview with this allegedly illegitimate process. Which doesnt really make sense. The wrangling over that interview could reach the Supreme Court. But mueller would have to decide these negotiationings are effectively exhausted. It is time to issue a subpoena, which the white house could then legally appeal. Some legal experts say that time has come. It is time to subpoena the president. Mueller has been extraordinarily differential and patient. He joins me along with former federal prosecutor joyce vance, an msnbc analyst. Harry, why now . Well, i mean, it could have been a few months before. But why now . Because no time like the present. Things are dragging along. Its quite clear that the whole back and forth doesnt is not you know, no other employee at the Justice Department during government could get away with avoiding an interview. But there is one problem here, and thats the Department Of Justices policy that says that you cant indict a sitting president. And so it seems very unlikely to me that the president is formally a target of the mueller investigation. But he has this quasi target status. There is this thought that perhaps after he leaves the presidency he could be indicted. And so i think mueller will be very reluctant to part company with typical rules that say that you dont subpoena a target except under exceptional circumstances and hell continue this back and forth to try to get a voluntarily interview. Its also worth noting that everything that were hearing about back and forth comes from giuliani. Mueller is not going out and giving press conferences, so we have to rely on Rudy Giulianis narrative here. But if there is, in fact, this back and forth, then mueller in many ways benefits by the public nature of this narrative. If giuliani is building a public narrative so people wont come forth and delusion their representatives on the hill with request for impeachment because they believe the process isnt fair, well, mueller similarly benefits from the Sunshine Effect of the public watching the president trying to dodge an interview that no one else in the public life would be able to dodge. Harry, the other piece is giuliani claiming this is all some kind of trap. Take a listen. I think what we have to get clear is the fact that a lot of people interpret it this way, well, if hes telling the truth, why wouldnt he just go in and testify . Hey, welcome to the real world. The fact is he is telling the truth. Were walking him into a possible perjury trap. Not because he isnt telling the truth, but because somebody isnt telling the truth who they would credit, mainly comey. Are you familiar with the term trap house . No, go ahead. Well, it can refer to a place where there is contraband or criminal drug activity. Rudys argument seems to be there is a Perjury Trap House and you shouldnt let your client walk into it. What is wrong with, in your view, that argument . Quite a bit. First of all, its never been clear what they meant. Its been a slogan like fake news or drain the swamp by perjury trap. Just yesterday giuliani made clear what he meant, including in this interview. He said, look, there are questions like, why did you fire comey . That is not a perjury trap question. Thats a straightforward question that we need to know. Thats exactly the sort of thing that a prosecutor would be asking. The things hes posing as paradigms are exactly the down the middle questions that mueller and the people have every right to know. A perjury trap, if it means anything, would be some kind of Gotcha Exercise where the president is caught unawares. You cant be caught unawares by a question of why did you fire comey . And we dont know the answer to that because hes given seven or eight different ones. He seemed a little caught unaware when lester holt asked it. Is that, in fact, the standard of record . He since has backed off from that. The one thing that isnt is a perjury trap. That is a legitimate question for investigation. Now hes scared of the question because mueller knows things that he doesnt know. But thats the position of the prosecutor. So hell ask questions. And he could be quote, unquote trapped into saying something false. Not a perjury trap. Thats just standard questions from a prosecutor. Right. Not perjury. Not a Perjury Trap House, just straightforward questions. Joyce, finally on roger stone, so many of his aids being pulled into this. Do you see a possibility where this is all double checking things and no charges ultimately come, or is any client seeing this many aids brought into the grand jury room that work for him going to be fairly nervous . Anything is possible. But stone is surrounded by a whirlwind of grand jury activity. It looked earlier this week as though in talking with the woman in new york, the socalled Manhattan Madam that Something Interesting happened in that interview and they took her into the grand jury to lock down her testimony, to get her to repeat whatever she told them that was to interesting under oath. The only real question is not will he be indicted. It is when will he be indicted. Joyce vance and harry lipman, a very illuminating conversation. We benefit from your Legal Expertise so much. Thank you. Up next, there are some Immigration Judges that say the doj is dolling out punishments. One of those judges that says its time to fight back joins us next. 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On thursday a Federal District court judge voiced outrage. This was a highly unusual move. The judge demanding the plane turn them around and bring them back to the u. S. And threatening to hold Jeff Sessions in contempt. Those two people seeking asylum were basically trying to escape what they called Gang Violence from el salvador. Thats part of a lawsuit filed by the aclu that challenges the way that sessions has excluded people who are fleeing Gang Violence from getting asylum. Meanwhile, the union that represents 350 Immigration Judges in our country is pushing back against pressure from the Trump Administration to try to speed up these deportations. This is something called the National Association of Immigration Judges, and they did something important. They filed a grievance against Jeff Sessions doj. This was on wednesday when it began because it occurred after there was a doj replacement of a philadelphia judge who was delaying the deportation of this young, undocumented immigrant from guatemala. The doj is overstepping its authority and undermining a key, key concept judicial independence. Im pleased to say that i am joined now by judge marks. Shes practiced Immigration Law for 41 years in san francisco. Judge, thank you for making time to walk us through this tonight. Thank you so much for having me, ari. It is a complicated issue. It is. And one that is important and that you and your colleagues have argued has both a legal due process dimension and a moral dimension. So for people who are following this and saying what does this mean that judges are kind of pushing back against what jeff sessions and the Trump Administration are doing, how does that work and what are you trying to achieve . People have to remember that the Immigration Judges in the United States are administrative judges, which is a distinction that means we work within the Department Of Justice, unlike most judges that means that we have a boss, Attorney General sessions. Congress sets the laws, but many of the policies that are implemented are established through the Attorney General and directives that he or she makes. But Immigration Judges are the trial level judges who decide whether or not someone is actually in the country illegally and if so, whether that person is entitled to some kind of benefit, such as asylum. So we need a guarantee of judicial independence, of decisional independence so that we can be sure that political pressures are not affecting the way that judges are allowed to carry out their role. And recently we have felt additional encroachments on our ability to do our job as judges. And thats what brought us to this very unusual step of choosing to take an individuals case, a labor Union Grievance for a sitting administration judge and for our association to join with this judge and to publically release what the grievance is in order to help highlight how our decisional independence is being encroached on. Just to pause on that because you are running through a lot of important stuff, is it fair to say that your organization has taken this, as you put it, unusual step because of your view of how extreme the Jeff Sessions encroachment has been on what would otherwise be your authority to handle these cases . That is accurate. But i want to make it clear as well that we are not a partisan organization. We are a professional association. And we have had criticisms of encroachment on our independence in different ways, smaller ways by several administrations, both democratic and republican. And we have pushed back. But not quite as dramatically as were doing now. Do you believe or have evidence to support the belief that the administration doesnt really want to solve the remaining cases, that part of the problem is while they have been ordered to fix the problem they created, there is still some lack of desire or commitment to reuniting all the families . The evidence that might exist to support that argument is the fact that since the department of Homeland Security has been created about 15 years ago the budget for the department of Homeland Security rose by 400 and yet the budget for the immigration court was only increased by 72 . That really becomes dramatic when you realize that we were underresourced at the beginning. So it has allowed a tremendous backlog of over 730,000 cases pending before a core of just 350 Immigration Judges, which is an overwhelming and inappropriate number of cases for a judge to handle in an effective and efficient way. That could be, if one wants to be cynical, planned. Or it could just be inadvertence. One of the reasons we have argued that we should not be in the Department Of Justice is that the primary goal and role of the Department Of Justice is Law Enforcement. And its a premier Law Enforcement agency that were very proud of. But that said, thats not necessarily the place for a neutral immigration tribunal, which is what we are. So we feel that our mission no longer fits within the context of the Department Of Justice and we have urged congress to take us out of the Department Of Justice and make us a separate organization that doesnt have a Law Enforcement boss at its head. You have given us a primer here on some of the most important issues, including the separation of powers, the role of these adjudications within the Justice Department and the larger question, which is is immigration really as simple as building a wall and deporting people or is this much larger process that requires due process and humanity, so judge, i appreciate you spending time with us tonight. Thank you so much, ari. We turn to politics, including republicans now saying to save the gop you have to actually vote against republicans in the house. Very interesting. Well explain. Thats next. We do whatever it takes to fight cancer. These are the specialists were proud to call our own. Experts from all over the world, working closely together to deliver truly personalized cancer care. Expert medicine works here. Learn more at cancercenter. Com its a revolution in sleep. The new sleep number 360 smart bed, from 999, intelligently senses your movement and automatically adjusts. So you wake up ready to train for that marathon. And now, save up to 500 on select sleep number 360 smart beds. Ends wednesday. Booking a flight doesnt have to be expensive. Just go to priceline. Its the best place to book a flight a few days before my trip and still save up to 40 . Just tap and go. For the best savings on flights, go to priceline. Hundred roads named park in the u. S. Its americas most popular street name. But Allstate Agents know thats where the similarity stops. If youre on park street in reno, nevada, the high winds of the Washoe Zephyr could damage your siding. And thats very different than living on park ave in sheboygan, wisconsin, where ice dams could cause water damage. But no matter what park you live on, one of 10,000 local Allstate Agents knows yours. Now that you know the truth, are you in good hands . Several of our experts were explaining earlier this hour, President Trump is pivoting back to a culture war by attacking nfl players. We know from a report back in may that trump has told Close Associates we believes the nfl protests are a winning, strong argument for him. So thats one view. But there is a very, very prominent republican who thinks this whole approach could actually push potential Republican Voters towards the democrats. That is the former Chief Speech Writer for president george bush arguing today, quote, the only way to save the gop is to defeat it. He calls in his fellow republicans to use this midterm to back democrats in house races. And this Speech Writer says this is bigger than any one policy because if republicans retain control of the house in november, trump will have proved the electoral value of racial and ethnic stereotyping. That will make things even worse than they are today. The gop will be fully committed to a 2020 campaign conducted in the spirit of George Wallace, a campaign of racial division, urban, Rural Division and Party Division that me tas ta sizes into mutual contempt. Thats a lot. And notice that the republican is arguing real politic here. Hes not appealing to everyones better angels. Hes simply stating that ethical and moral Republican Voters now in this midterm have a role to play in providing some kind of public electoral punishment for race baiting and then only that can provide a check on their party as it itself chooses their strategy going forward. The reference to George Wallace is of course as stark as it is depressing. The republican acknowledging that in his view the current gop could actually fully become a party of quote, unquote segregation because that of course is what wallace formally stood for and ran on. Rarely does a program innocent member of the Republican Party go this far, warning his own partys future could be headed for the past in every sense of the word. Its an important part of this discussion and our panel joins me on all the implications next. If you use some of these moves way too often. Then you might have a common condition called dry mouth. Which can be brought on by many things, like medication and medical conditions. Biotene provides immediate, long lasting relief from dry mouth symptoms. It is clinically proven to soothe and moisturize a dry mouth. Plus, it freshens breath. Biotene. Immediate and long lasting dry mouth symptom relief. And a new culture. And youre going to see improvements to our service. Like enhanced background checks, 24 7 customer support, better pickups, and ride quality, for both riders, and drivers. Youve got my word, that were charting an even better road for uber, and for those that rely on us every day. Are you ready to take your then you need xfinity xfi. . A more powerful way to stay connected. It gives you super fast speeds for all your devices, provides the most Wifi Coverage for your home, and lets you control your network with the xfi app. Its the ultimate wifi experience. Xfinity xfi, simple, easy, awesome. Today former president george w. Bushs top Speech Writer penned an op ed that urges republicans to do something unusual, vote for democrats to take the house in november as the only remaining way to actually save the Republican Party from itself. That provocative headline is something. But he is not alone. There is actually many top ranking gop officials that came out against their own party and urge republicans to support democrats in november. Joining us live from iowa and jonathan alter back with us. Evan, you are someone who tried in your own way to take on the trump drift and you lost. And a lot of other people lost. How do you view what people like gerstin and other Republican Leaders are doing and is it the right way to do it . Well, look, i think a lot of people are saying a similar version of this, whether its Steve Schmidt or others. Look,schmidt or others. I am also the opinion of if we have the party in control of the house of representatives, lets take that one chamber. You will not fulfill and exercise the constraint of the Executive Branch and goes beyond that and uses it power in that chamber to erode the rule of law to protect the president and to intervene in our electoral process. If a party in control of the House Chamber cant even oppose that, well, then yes, they dont deserve to be in control of the chamber. We need to make a chain there. I hope though a handful of moderate republicans will survive this. Why . I dont think it is right for us in the twoparty system which is for us right now, i dont think it is right for us to give up in either party. Regardless of the republicans staying in control of the house or lose the house, we are looking at a Republican Party overtime will shrink and become more extreme and more loyal to donald trump as long as hes in power. Once he goes, i still think the party is headed down and has gone further, far enough down the path of trumpism and sort of White Nationalism and the like that i dont expect to come back soon. I do believe that the only way for us to come back is suffer the consequences of that movement. But, i do hope still and you know that there are some moderate voices that remained to hopefully a decade down the road or a decade and a half turn the party around. As you know jonathan, 15 years is a good amount of time to wait for progress in politics. All the pressure aside though for people who are looking at this. Do the Michael Gerson of the world hit it right. Do you need a challenge within the party or do you have people like paul ryan who is showing where they are headed and telling Republican Voters are trumps party now. They can say that but if there is a thumping this fall then there is a reckoning late november. Why not be apart of a movement to resist the hijacking of their party. We talked a lot about democracy, our democratic tradition institutions are in the line. Trump will be so embolden than what we have seen so far looks like patty cakes. It is game on for the future of the Republican Party because hell complete his hijacking and complete his hospital take over of that party and remember this is the party of lincoln. This is the party of the 13th, 14th and 15th amendments. They are turning from the party that free the slaves to the party of White Nationalism. There is still a chance to prevent it from happening. That has to start now. And if you are serious republican, you have to vote democrats this fall. Evan, how much of this conversation is the grass root conversation or is this again one of those times as we have so often in politics where the national and quote on quote conversation is different than people thinking of jobs and healthcare on the ground . Well, look people are thinking of pocketbook issues and Economic Issues and you know theyre focused on their families and getting their kids through school and to school and all of that. Thats true but i do want to comment on something that jonathan said. You know i dont look at this, the Republican Party, i dont think it is not quite fair to say that this is the republican or the party of lincoln. It was once was the party of lincoln. It was once. Once was. I know jonathan i have had many discussions and i dont think you disagree with the sentiment necessarily, you know the party was the party of lincoln early on. The party decided in the last century to pursue what was called the southern strategy which by its own explicit definition was a strategy to win over remaining southern races and i say remaining because not everyone in the south is a race is obviously. The Republican Party wanted to win over the votes of the remaining races in the south as the democrats embrace the civil rights movement. The republicans want it to do it in a way that would not turn off moderate republicans and traditional republicans and so thats what they did. They pursue the strategy and they brought in all these races and the party has not been the same ever since. We the Republican Party all say has been on a path since then that has led to where we are now. So where it differs of the way jonathan explained that it was not a hijack by donald trump. The party has been on its path for r a while and it is going to take a while to get it back. Until very recently, the Republican Party for all the raism that you rightly point to, they were pretty good on immigration. Both bushs were for comprehensive immigration reform. They were not a White Nationalist party even five years ago. This is something that donald trump has done a lot to accelerate. Evan and jonathan, thank you both. Tonights last word is up next. Jardiance asked and now you know. Jardiance is the only Type 2 Diabetes Pill proven to both reduce the risk of cardiovascular death for adults who have Type 2 Diabetes and heart disease. And lower a1c, with diet and exercise. Jardiance can cause serious side effects including dehydration. This may cause you to feel dizzy, faint, or lightheaded, or weak upon standing. Ketoacidosis is a serious side effect that may be fatal. Symptoms include nausea, vomiting, stomach pain, tiredness, and trouble breathing. Stop taking jardiance and call your doctor right away if you have symptoms of ketoacidosis or an allergic reaction. Symptoms of an allergic reaction include rash, swelling, and Difficulty Breathing or swallowing. Do not take jardiance if you are on dialysis or have severe kidney problems. 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M. Eastern on the beat, The 11th Hour with Brian Williams starts right now. Im dara brown in new york. Were following Breaking News out of seattle where a small Commuter Plane carrying no passengers crashed avenue a socalled unauthorized takeoff from seattles airport. The turbo prop plane was stolen by a suicidal mechanic from an