measures while her governor was out of the state for a stunt visit to the border. more courage calling out over e other employers for enforcing vaccine requirements like fox news. >> i don't think it makes sense for espn to be man dating vaccines for employees. good evening from new york. we are fast approaching the second big test of post-trump electora politics. first was the failed california recall election where democrat governor handedly defeated a trump opponent in a deep blue state. virginia holds its election on november 2nd. while joe biden won that state by ten points last year polling right now shows a tight race. republican candidate glen young is in an interesting position here. the reality is in a blue state like virginia where he's taking on, he needs to flip some biden voters and democrats to win. he needs to keep that trump maga base fired up enough to turn out for him. there's one lit must test donald trump is interested in. they call it election integrity which means the opposite. it meeps how open are you to doing a coup. youngkin is trying to walk a fine line here. his position reminds me of run governor who is aren't anti-vaccine or anti-vaccine mandate. they walking the same line. glen isn't necessarily pro-c pro-coup but he's coup curious. they are trying to find new ways of signaling their openness to the authoritarian push by donald trump and his accolades to over throw an election to plot to over throw the next one to invalidate anything that's not clear victory for their party and over turn liberal democracy. to maintain some semblance of legitimacy, all of those folks find ways to say all that without sounds as authoritarian as donald trump. here is the republican candidate for virginia trying to compare audits of free and fair elections to a business audit. >> i think we needs to make sure the people trust these voting machines. i grew up in a world where you have an audit every year. let's audit the voting machines, publish it so everybody can see it. >> just audit it. sort of harmless but despite what glossy sheen, it's all the same disingenuous coup stuff. it points to a supposed distrust in our election while reenforcing that. people don't trust the system, ergo, they use it to justify further actions to subvert our democracy. we seen it play out across the country in states like georgia and texas where right wing governors and legislatures use the threat of malfeasance and the meta threat of people's lack of trust to justify election laws ta make it harder for people to vote in big democratic cities. >> so many with significant reforms to our state elections were needed. there's no doubt there were many alarming issues with how the election was handled. those problems understandably led to the crisis of confidence in the ballot box. >> one thing that all texans can agree and we must have trust in confidence in our elections. the bill that i'm about to sign helps to achieve that goal. >> see. see what they're doing there. trust, faith. there's an alarming lack of trust. what do we do about it? if there was zero evidence of widespread voter fraud in georgia, texas or anywhere else for that matter. they laser focused as the most important litmus test. just yesterday trump endorsed a primary challenger charlie baker who is massively popular with voters in both parties. he's a blue state republican who said joe biden is the legitimate winner of the 2020 election and he backed donald trump's second impeachment after the january 6th insurrection. trump came out and supported baker's challenger. siting his support for election integrity. in another statement trump said quote the real i sur recollection happened on november 3rd. the presidential election. not on january 6th which was the day of protesting the fake election results. protesting and bashing in the heads of cops by the dozen. now again, not every republican can say the quiet part out loud like donald trump can. they have too be a little mor savvy about it. he still supports the bogus election integrity talking points that are laying the ground work for another cou be attempt. virginia is not the only state with help for democracy on the ballot. the biggest marquee match ups in next year's midterm election will be in three crucial my western swing states. michigan, pennsylvania and wisconsin are all governed by democrats. the legislatures are controlled by republicans and all three governors seats are on the ballot in 2022. we used to talk about these states in terms of the democrats electoral fire wall. if they can win, michigan, pennsylvania, wisconsin their path to 270 electoral votes was pretty secure and was their path to the white house. hillary clinton lost all these three blue wall states in 2016. only for joe biden to narrowly flip them back last year. they were key to both trump and biden's electoral victory. they will play the same role in 2024. these state vs taken on a new stance as a new firewall. the feeling among democrats is they need to make sure to hold onto these governor chip's because if they do not, a republican governor will enable a coup in 2024. there is real concern about the powerful pro-coup anti-democracy in these states. in a presidential election, empowered state republicans do things like invalidate results to show a democratic candidate winning. with e know it's exactly what the trump legal team wanted in 2020. tried to get them all to do. a state could send competing states to congress. the mouse might accept one state. the senate the other and the electoral count of 1887 appears to give the governor the tie breaking vote. if republicans hold these three state houses, they flip the three governorships. they could be in control over who wins again be three most important swing states. this is a craze vi thing to be worrying about. we have no idea what would happen after that. it would truly be inprus dented. that's why in the washington post democrats need to push this issue into the front ant center of these three races and the media both local and national means to repeatedly hound republican candidates demanding they renounce any plans to over turn the will of voters in 2024. donald trump's plan is transparentally to succeed where he failed last year. it's why he's so doggedly pursuing republicans who will not go along with election fraud. should trump run again, he wants enough states under republican control. they will be able to tip the election in his favor even if he loses. he won't need mike pence to hand the presidency like he wanted on january 6th. it's a terrifying scenario outlined in a piece titled kamala harris might have to stop the steal. writer russell argues that january 6th might be a preview for the quote ploodless coup that could unfold in washington should donald trump succeed in subverting our democratic norms. again, the idea comes back to the states. if the states are under republican control, they can send the slate of electors no matter who their state voted for and vice president would have to do the thing that mike pence refused to do. she would have to refuse to certify those results, those slates of electors. democrats can find themselves in the fraudulent events pushed by trump in 2020. i don't want to get ahead of ourselves. we have many drijs. many bridges to cross before we get there. the thing to keep the eyes on when you hear glen giving aids and comfort to this line of thinking is trump and others are working hard every day to cross those bridges. stacy abrams has become the public face for fight for voting rights in this country. she's founder of fair fight. two groups dedicated the expansion of ballot access and she joins me now. first let's start on governors and state electora systems. their integrity and what it means you have palpable worry in certain circles that wayward state officials would collaborate in stealing an election or of turning the will of the voters. >> i think you are being generous when you say that we have many bridges to cross before we get there. we have watched state after state put in place the subversion of our leks. they have done so by saying you can remove election workers. you can throw out provisional ballots that are from out of precinct. we have seen layer upon layer of attempting to subvert elections starting now as a build up to what could happen in 24 and that is why the freedom to vote act and the jons lou voting right are critical. this will not be like a movie where the villain announcing his intention and by the end of the movie he will be thwarted. this is a relentless attempt to undermine our democracy using our laws against us and we are watching the insurrection play out in every state capital entertaining these laws. allowing votes to be cast out and those to be denied protection and their right to do their job. >> the way that republican leaders, there's some who just go all out like josh running for senate in oh saying the democrats stole the election or something to that achkt. someone like youngyin, how does that phrase about every one has audits. we have to restore trust. how does that hit your ears as someone who watched this lay out on the ground in georgia where even the election officials didn't go along with the it was stolen use that kind of language for ulterior purposes. >> it's a lie. it's a loi told because it sounds so like the truth that we don't investigate further. he's not speaking of an audit. he's speaking of an over turning and audit evaluates what was done but what precipitates an audit is concern or practice and what they are asking for is to throw out the practical practice of how we hold our elections and instead respond to false concerns that do not exist. they use it as a predicate to then promulgate new laws that will make it harder to protect elections next time. glen young is being seduced by the subversion of our democracy. >> i want to play you what chuck grassley, this is his mitch mcconnell republican party view of the john lewis voting rights act. it's quite modest. here is chuck grassley. >> the unfortunate reality is that this hearing is another attack on the supreme court and this bill is yet another attempt at federal take over of state and local elections. it wrestles control of the elections away from the state and into the hands of the biden/harris department of justice and partisan lawyers backed by dark money groups. >> what do you think of that? >> if he's concerned about dark money, she should support the freedom to vote act and if he is concerned about federal takeover of elections, he needs to read the bill. it provides for a uniform system of minimum standards so regardless of where you live in the united states, your freedom to vote is protected. it does not take away from any state the right to control the election. the conduct of elections. it requires in the conduct that you conduct yourself honorably. you treat ef voter equally and provide access to the right to vote for every eligible voter. this is what iowa likes to say it stands for which is being first in the nation. whether you're first or last, when you go to vote, you should be able to vote with the same quality of democracy that every one else expects. that's why the freedom to vote act is essential to the protection of our democracy. >> always a pleasure to have you on. thank you for your time. lawrence tribe is a constitutional law expert, professor and meritus at harvard law school. what we can do to prevent the next one. he joins me now. i feel like we all learned a lot about the plumbing of the electoral college and the complicated system by which under both the united states constitution, the 12th amendment and the electoral count act as well as state law. you get there sort of transmission from the votes go in and the president comes out over here. >> right on the front lines of trying to reduce the vulnerability and it's important to do that. even if voting rights are fully protected and people get to vote and their votes are not audited out of existence, we still have a lot of plumbing to go through and after people vote, there are a will the of processes by which those who really have no respect for law or for the constitution can turn the system inside out and upside down. that's why people like me are quite vigilant about making sure we do everything we can to prevent a bloodless coup from taking place even before another insurrection. >> that's why the states are so key here. we know that part of the plan laid out by trump and some of his lawyer, eastman being one of them as well as jeffrey clark was, i think, thinking about this at the department of justice. i'm sorry clark subordinate. the idea they were thinking about was get the states to basically pull the authority away from the written vote count and assert to send their own electors. how plausible is that scenario? it sounds harebrained but how plausible is it? >> something they could try to do. state legislatures made the decision. we have moved toward the system of one person, one vote. in the face of that system, state legislatures are trying out a new theory saying it doesn't matter what our people say. we can disregard the vote of people and name our own electors. i've written some articles about why that's a mistake. i don't think a conservative supreme court would uphold it. i don't agree that supreme court would automatically bow out of the system. that's what they are trying. they are trying to have it both ways. this time they thought that the way to get their way was to advance the theory saying the vice president of the united states has ultimate power to decide who the next president will be. that's crazy. it's not what the system says and it wouldn't have made sense because the vice president is often conflicted. the vice president may indeed be the next presidential candidate. on the other hand, they are now saying, well, when the vice president is kamala harris, she's a potted plant. she'll have no power and no authority. that's equally crazy. you remember the al gore exercised some discretion against his own self-interest when pursuant to the electoral act of 1887, he rejected some challenges to the victory of george w. bush on the ground that the challenges didn't meet the criteria. they were supported by a member of house but not by a senator. they are all kinds of rules about which challenges can be accepted and what counts as a genuine dispute and the vice president is neither all powerful as trump tried to convince pence he was nor utterly powerless as they are trying to say kamala harris would be. the truth is somewhere in between. we have to be careful that they cannot have it both ways and the vice president retains some authority to prevent the stealing of the election. >> this final point is the one that sort of crystallized it for me. what happened last time around is state sent electors that gave biden the presidency and they were trying to push on mike pence and congress to overturn it at this last moment. what the fear is this time is that it's already done prior to that in the states such that republicans states take a variety of actions such they are sending to washington as fate of complete, the republican has won and it's congress just has to go along with the soft coup as opposed to affirmatively act to reverse it. >> right. a lot depends on who controls the congress and the senate after 2022. whatever the power the vice president has, congress may be able to over ride the vice president and the power of the congress to over ride the vice president may not be unlimbed. we are entering very difficult area where because one side has no set of constraints, no belief in the norms, no kplitment to the constitution or the rule of law while the other side is trying to observe the rules. it's an asymmetrical warfare. we have to redouble our efforts in 2022 and the run up to 2024. >> thank you so much for your time tonight. >> thank, chris. four of donald trump's former advisers have until tomorrow to respond to subpoenas issued by the january 6th committee. there's one former aide who hasn't been served because they reportedly cannot track him down to physically give him the paper work. next, what to expect ahead of tomorrow's deadline and what we know about the interview with a former trump doj official. we'll be right back. a former trump doj official. we'll be right back. hey google. ♪ ♪ ♪ ♪ ♪ ♪ tonight, i'll be eating a buffalo chicken panini. fire! nas... spare a pound? what? you know, bones, shillings, lolly? lolly? i don't have any money. you don't look broke... do you struggle with occasional nerve aches in your hands or feet? try nervivenerve relief from the world's #1 selling nerve care company. nervive contains alpha lipoic acid to relieve occasional nerve aches, weakness and discomfort. try nervivenerve relief. working at recology is more than a job for jesus. it's a family tradition. jesus took over his dad's roue when he retired after 47 year. now he's showing a new generation what recology is all about. as an employee-owned company, recology provides good-paying local jobs for san franciscans. we're proud to have built the city's recycling system from the ground up, helping to make san francisco the greenest big city in america. let's keep making a differene together. it's been exactly nine months since the attempted insurrection. 625 people have been federally charged. 92 have plead guilty and 12 have been sentenced. none of the people who encouraged the insurrection have faced any consequences. tomorrow is the deadline for four of trump's confidants to comply with subpoenas. lawmakers want to hear from former chief of staff to steve bannon, defense department aid kash patel. he hasn't been physically served because investigators can't find him. even if they do locate him, it's no guarantee he will comply. the source telling the guardian newspaper, all four aides are expected to file a sum of the elements of the issue pea fla from the direction of former president trump. betsy swan has been tracking these developments. she joins me now. it's interesting and curious that he is unfindable. do we know if that's the case and what the import of that is. >> as of two days ago, my understanding is he had not been served. of course, there are other reports that information is still correct and he still hasn't been served. i'm not able to confirm that as of today. it's unusual circumstances and can create problems because you can't exactly blame someone for not honoring your subpoena if you can't show legally that you gave it to them. it might strike every one as surely there's no question that he knows they have issued this subpoena but for legal purposes you have to make sure the person you're subpoenaing gets it. it's absolutely a weird, odd situation with many weird odd situations that it's not clear, 24 hours before the subpoena deadline this this guy has a subpoena in his hands. >> i don't know the details here. as logistical reasoning here, if you're not being served, it's because you're taking steps to not be found. this is like a sort of deadbeat dad hiding out in a burger apartment kind of move. i'm not saying that's what's happening but usually they can find you. >> usually it's pretty easy to find people because every one has a cell phone and cell phones give a lot of information about your location to people. some of the trump world folks i was in touch with said they were very amused and surprised by this reporting because in their view, he should be pretty easy to find. he's not on the lam. he's listed as a host for an upcoming fund-raiser for a trump friendly candidate who is running for office in ohio. it's weird they haven't been able to track him down. >> you have the current white house saying there's no indication we will assert executive privilege. they are the current officer that would have the privilege. what is the expectation about what this deadline means and what happens. >> i have not spoken to anyone who expects these trump aids to comply with the subpoena. the next question, this is something members are talking openly about. they are hopscotching over the question of compliance because they don't seem likely. the next important dilemma is how do they twist arms to get these people to cooperate. of course, the nuclear option which very much available to them is to move to make a criminal referral to the justice department. they can only do that with any sort of chance of success because the biden administration controls the justice department. if trump were president, i can guarantee you bill barr would not be bringing charges but it is a real option and it brings with a sentence up to a year in prison. fine up to $100,000 if you're found guilty of criminal contempt of congress. it's no small potatoes. it's the kind of thing that can be highly motivating. >> there people who are cooperating. >> he was one of bill barr's closest allies. barr hand picked him from the brooklyn u.s. attorney's office and brought him to main justice. he's one of the very last trump administration on the senior level of doj. had a front row seat to the craziness that happened. saying the fbi had evidence of voter fraud when they did not. he was against that letter going out. he really knows with immense granularity how much craziness was going on. >> all right. thank you so much. >> thank you. next, listen to this. the governor of idaho left the state for a border photo op. while gone the lieutenant governor went completely rogue in a brazen power grab and if this story sounds familiar, it's because she's already done this once before. stick around. this one is a good one. before. stick around this one is a good one ♪ i like it, i love it, i want some more of it♪ ♪i try so hard, i can't 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obvious, idaho, right all the the way up there is not on the southern border. far from it. it does share a 45 mile border with canada. republicans seem way less worried about that border. the state's lieutenant governor who happens to be republicaning for governor herself, out stunted him by just taking control of the state. the idaho constitution has an interesting line that if the governor leaves the state, the lieutenant governor is in charge. lots of states have this. the current lieutenant governor appears to be first to interpret the clause in this way. while the governor was away doing his stunty thing, she requested information on the steps needed for the governor do activate the national guard to send them to the very border the governor was visiting and issued an executive order that prohibited schools from requiring proof of a covid vaccine or requiring mandatory testing. the governor responded tweeting, i will be rescinding and reversing any actions taken by lieutenant governor when i return. james dawson is a politics reporter. least been following this bizarre story and he joins me now. thanks so much for joining us. i guess first give us a little back story here. this did happen last summer. i think we covered on the show where the governor left and lieutenant governor pulled something similar, is that right? >> yes. last may we had the governor leave the state for a conference he was with with other republican governors and she issued an executive order that would have banned mask mandates in schools. in idaho, any type of mask man date or vccination requirement, which there aren't any for idaho public schools have to go through the local school board. that was immediately reversed by the governor when he got back. we saw the same thing happen today. as you saw the tweet from the governor little, he reversed that while he was in texas which could spark lawsuit. we don't know yet. >> what's the deal here? normally what happens in a lot of states, the governor runs a ticket like president/vice president. other states where they are independently elected. what's the relationship here and what's going on? >> that's exactly right. there's not much of a relationship really. you have the lieutenant governor who is a pretty far right politician. the governor brad little is part of a family dynasty of ranchers here in states. he's much more moderate and has been around for a long time in the idaho political sphere. she's relatively new, not too new. this is her first statewide position. i mean when the pandemic was really going last summer, for the first surge, there was a point where they didn't talk for two or three weeks which he told us on one of our talk shows here at boise state public radio. it's been devolving ever since. you had her at businesses where they were allowed to under the reopening plan. she criticized him at most step for any action he's taken. >> she's been to his right, so to speak, on these public health issues and been sort of berating him about being too authoritarian and too concerned with public health. has she announced she will primary him? >> yeah. she filed for technically you file as or file a treasurer report and you name a treasurer here in idaho and she did that several months ago. it's been well known that she is running for governor. the governor himself is getting his re-election campaign started right now. it's going to be a crowded field. you also have bundy who led the arms stand off at wildlife refuge in 2016. he's running in that republican primary. >> that will be crowded. what's her background? >> her background is she's a business owner. she owns a few businesses with her husband in idaho falls which is in the eastern part of the state. a bar and restaurant and automotive dealership, parts dealership and she has recently been really courting far right groups, including a malitia group here in idaho called the real 3 percenters. she has other controversy where she supported people who have been convicted and now that conviction was vacated. the only man to be convicted with the bundy ranch stand off about a decade ago in nevada sending love to him in prison. she has really courted that vote. we'll see if it turns out well for her in primary. that remains to be seen. >> all right. we will monitor that. thank you very much. no heroes among hosts at fox news. why they won't call out their own employer for the tyranny they rail against every night, after this. against everniy ght, after this [sfx: radio being tuned] welcome to allstate. ♪ [band plays] ♪ a place where everyone lives life well-protected. ♪♪ and even when things go a bit wrong, we've got your back. here, things work the way you wish they would. and better protection costs a whole lot less. you're in good hands with allstate. click or call for a lower auto rate today. ♪ you're in good hands with allstate. 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(mixed chatter, laughter) a family room where you can let your hair down. and a backyard that is a tree-lined living room. but the thing they'll remember forever? watching the game together once again. (cheering) the time for getting back together is now. find it on vrbo. there's new polling out for president biden's big build back better agenda. and it's both really bad news and really good news. the bad news is it's losing support. it is the worst polling yet for the plan. it's now polling at 57% approval, which is also the really good news, because 57% approval for anything in this country is incredibly good. compare that to what the polling was when republicans wanted to repeal the entire affordable care act in 2017. only 22% of the country approved of that. or the polling for the trump tax cuts. 26% approved, which it passed anyway. even the original aca poll before it passed in 2010, only 35% of americans mostly approved of it. the build back better plan is so popular as a major domestic policy agenda that it shouldn't be a difficult vote. a former democratic congressman who lost his swing state seat in virginia after voting for the aca wrote in "the washington post," casting a vote for the build back better agenda isn't bold at all, it's common sense political survival. tom perriello joins me. i enjoyed your op-ed, there were three bills, dodd/frank, the aca, and the waxman bill. how different is this in your mind? >> a world of difference. these are bills that are wildly popular. the other side isn't even that organized against it. they're so focused on conspiracies about election fraud, vaccines, and critical race theory that they're not even focused on opposing this agenda. and it delivers much sooner than obamacare, which i was proud to vote for, for every region, every race, every class. this is basically president biden handing democrats on a, you know, working class platter, a huge win for saying we can deliver for people across the board on popular things that don't have that much intensity of opposition or you can wreck all that. it's like do you want to rebuild the american dream or the american nightmare, and you have a choice. >> you mentioned this in passing, but i want to hone on it, the aca was a wild situation which for budgetary window reasons, you passed the thing and waited three or four years for it to kick in. there were some provisions that started early. no one could tangibly say, i got health care, in the next election. you say the toughest part of selling the aca in 2010 was because of hypothetical future benefits. but 2022 can be an election for democrats to run on child tax credits that parents can see in their bank accounts, and expanded elder care options. this stuff is all scheduled to start right away if they can pass it and put it into law. >> it's really true. this lays bare that while the media likes to put things in a left/right spectrum, but there's nothing moderate or centrist about the opponents to this bill, they're just aligned with corporate pac money. something like prescription drug reform is incredibly popular with republicans, democrats, independents. it saves seniors money, it saves taxpayers money, and it's good policy for the country. opposing that, there's nothing moderate about it. it's just not understanding how much the working middle class in america are struggling today. so here we have a chance to deliver immediately. this is where you see the brilliance of someone like senator warren or katie porter. they want the child tax credit to apply to everybody. they're not trying to divide people. well into the middle class, it's hard to afford these things. are we going to start bringing america together to rebuild a more affordable american dream or do we want to divide people? we know one side wants to divide. but if we can just unite the democratic caucus, we can probably unite america again. >> the other thing here is, the caucus is pretty united. these are much narrower margins than what you were part of back in the house and the senate, right? those were big, big margins. these are much narrower margins but also higher degrees of consensus. you can see the frustration of bernie sanders who is to the left of that caucus but has been a very practical team player on this, that's there's this holdup. here is what he had to say about manchin today. >> my concern with mr. manchin is not so much what his views are. i disagree with him. but it is that it is wrong. it is really not playing fair that one or two people think they should be able to stop what 48 members of the democratic caucus want, what the american people want, what the president of the united states wants. that would be my position. >> what do you think of that? >> look, ultimately the dividing line right now in judging washington is not argued too far to one side or the other. it's, did you deliver. and as democrats deliver on things like the affordability of childcare, of elderly care, of dental care, these are things that the american people are going to reward. if instead you go washington, as some of these senators have done, and say we're going to listen to a few, you know, lobbying think tanks on k street instead of what's happening on main street, that's going to go a different way. these are things that are deeply rooted in creating a stronger and more inclusive american dream. and frankly i can't imagine a more exciting honor than being a member of congress right now and getting the chance to vote on these things, being able to hear from your constituents and say, hey, i was part of this historic moment, it's pretty exciting. >> tom perriello, thanks so much for joining us. "the rachel maddow show" starts right now. good evening, rachel, you have bernie sanders tonight. >> do i have bernie sanders tonight. boy, did he have a lot to say. i've interviewed him many times, i haven't had this much anticipation to talk to him. >> a lot going on. thanks to you at home for joining us. as chris mentioned, senator bernie sanders will join us live tonight in just a few minutes. i do want to address just a quick personal matter here before we go on to the news, if you will indulge me for just a second. a couple of months ago sannd

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