but at least one explanation is looking increasingly likely which is a grand jury took the incredibly rare step of protecting individual liberty and siding against government abuse in the prosecution. if that s what happened, that would be a fascinating example. something we were covering earlier in the hour, the guardrails. living history elucidated by counselor katyal, which is a pleasure to hear from and learn from. you can always go to msnbc/opening arguments and see all of the arguments with neal katyal and the breakdowns. coming up, new allegations against supreme court justice kavanaugh. some calling for his impeachment tonight. sheldon whitehouse who grilled him joins me live. whether to use our military. my special guest, samantha power, obama s u.n. ambassador. you re watching the beat on msnbc. c. and fidelity s rate is higher than e trade s,