ruling u.s. district judge robert pittman wrote, quote a person's right under the constitution to choose to obtain an abortion proud to fight viability as well established. fully aware the depriving its citizens of this right by direct state action would be fragrantly unconstitutional, the state contrived an unprecedented and transparent statutory scheme, to do just that. texas has already appealed this federal judges order, to one of the nation's most conservative appellate courts. also tonight we are just hours from a major deadline in the house, investigation into the one six riot and insurrection. it's exactly nine months to the days since the desecration of our capital, and the attempts let's not forget, to overturn our presidential election. the house select committee investigating one six is about to face its first major test, that's because tomorrow is the deadline for four of trump's top officials to respond to a subpoena, to turn over emails, call records, other documents relating to the capitol attack. what they knew and when they knew, they've all been told to show up for depositions next week, former president has threatened to stop his aides from giving any information to the committee saying in a statement quote, we will fight the subpoenas on, executive privilege, and other grounds, keep in mind only a sitting president can executive privilege. tonight democratic congressman -- the former impeachment manager who is on the one six special committee, describe the next step, should trump's allies try to defy the subpoenas. >> it's turning information over to the u.s. attorney for the district of columbia, and trying to get the department of justice to demand that these people appear in court. and be jailed until the point at which they cooperate, with the congressional subpoena. it could be civil contempt, it could also be inherent contempt of congress, where we design our own process, for hauling these people in, and perhaps fining them until they are willing to cooperate. we have a strong bipartisan committee that is determined to get to the truth about the worst violent assault, on the u.s. capital since the war of 1812. >> there's a problem here and that is the committee reportedly has been unable to physically service opinions of this, man dance convene, oh the man largely responsible for handling, trump's twitter account, but who enjoyed the title deputy chief of staff. federal marshals apparently can't locate him. but other officials late to the trump playhouse are currently cooperating with the one six investigation, political reports former doj second-in-command, richard donahue spoke to the panel, in a closed-door session on friday. he was a pivotal figure actually in trump's relentless pressure campaign, to get the doj to just overturn the 2020 election. he took detailed notes on a december 27th phone call, between trump and the acting attorney general jeffrey rosen, in which trump tried to get the doj to straight-up declare the election results were fraudulent. meanwhile, senate democrat certain republicans appear near a deal, to keep the nation from debt defaults, an economic meltdown. for now, with 12 days to go before the government faces the real possibility of not being able to pay its bills. the minority leader announced republicans would allow democrats to vote on a short term extension. all this does is put it off till december, when we are likely to have this fight all over again. mcconnell's been adamant that democrats would get no help from his party, and trying to cover our 28 trillion dollar debt, much of it racked up during the trump administration. earlier today the president met with several bank and business leaders at the white house to talk about just how devastating a potential default would, be figuring i guess, big money will get the attention of the republicans. biden also reminded everyone present that raising the borrowing limit, was in no way linked to his own economic agenda. >> let me be clear, raising the debt limit, is paying our old debts. it has nothing to do with me spending, or what we becoming the shearer another year. it's nothing to do with my plans on infrastructure, building back better, both of which are paid for. >> tomorrow the president heads to chicago to promote vaccine requirements, today the number of infections in our country topped 44 million. in the midst of this still uncontrolled pandemic, there's welcome in historic news tonight, about the development of another vaccine, this is a major victory for our world. for the first time a vaccine shown to prevent malaria, has been approved, by the world health organization. the disease kills about half 1 million people every year. about half of those who died from malaria, our children on the african continent. with that let's bring in our starting line on this wednesday night, peter baker veteran journalist -- for the new york times, susan page, veteran journalist and author of longtime bureau chief for usa today. and claire mccaskill, veteran democrat and former u.s. senator from the state of missouri. clare you happen to be the only known lawyer on this panel, so you get to go first. here is an excerpt from the federal judge's ruling tonight, and we know it's because we all live in the real, world judge pittman was appointed by president obama, he, writes from the moments sb8, state bill, the senate bill eight went into effect, women have been unlawfully prevented from exercising control over their lives, in ways that are protected by the constitution. that other courts may find a way to avoid this conclusion is there's to decide, this court will not sanction one more day of this offensive deprivation of such an important right. so claire, what does this mean legally and importantly at the ground level, what does this mean starting tomorrow morning? for women in texas? >> it will be interesting to see, whether the providers, the health care providers in texas, are willing to re-open their doors, based on this decision. and begin performing the services that many women depend on, because the facts and circumstances in their personal and private life's. it really is going on, here is these legislatures were too cute by -- they thought they could use this new scheme, of bounty hunters, and so to yahoo's disbarred lawyers from parts way beyond texas, have sued a doctor who admitted, that he had performed an abortion after the six-week cut off. in all of the sudden the guys who wrote this law said this is not what we intended. well of course it's with a intended. they really were more focused on getting a vehicle to try to overturn roe. than they were actually thinking how the law would play out in. the problem is, as you noted in your league and brian, that it's going to the fifth circuit. so ultimately this will land in the supreme court, the question is, will the mississippi decision, control it. that case will probably be decided, before the texas law will be acted upon, so, this may be incrementally, and erosion of a constitutional, right that is 50 years in precedent in this country. >> peter baker, the other news today, economic disaster averted it looks like, until december. what is the white house take on what transpired between the two leaders in the senate? >> well they're arguing that they kind of face down, mitch mcconnell a little, that the republicans who said they were not going to provide any votes for raising the debt, line and not only, that they were going to make it easy for the democrats to vote even on their own. to raise the debt limit. they backed down and give a couple extra months. it's not very significant, a couple of months is not very long. it's what congress does best, which is to punch rather than decide anything. the white house look at this is, making the argument that the republicans fell at least some that they would have a chance with his nations credit worthiness, in the idea that the country could head into an economic defaults, it would be devastating for americans across the board, so they feel minor tactical victory in this sense. that really change things in the long. run it may give the democrats more a chance to decide whether or not they really want to get rid of the filibuster, or the cases of the debt ceiling votes, which is something that's been talked about by progressives for the past few weeks. >> susan, page i'm tempted to say that our elected representatives, govern like drunks, except i don't want to offend or insults any drugs you may be watching. congress before you know it has put off a lot of business to around about december. i'm happy claire is smiling. sooner or later, there's going to be quite an agenda waiting for them. >> that's right. by the way do not -- tickets for christmas travel. we are going to be here, this is going to be the front of the biden presidency. in december it looks like. and i think it's a temporary victory, for democrats, for o'connell to blink on the debt ceiling is important, for one thing mitch mcconnell doesn't blink very much, so that's something, for another it's giving democrats, just a little space. to get a deal on the infrastructure bill, which is ready to go whenever they can get the reconciliation bill together. we do see some signs of progress, there we know we're going to end up with a bill that's about two trillion dollars. again it's going to be about what is going to include in what it will exclude. but this comes just at the right moment, for president biden, who is really getting hammered, you look at his job approval rating in its 38%, that is dismal news for the president. he is ready, willing and needs some kind of progress in some kind of victory coming up pretty soon. >> clare, this is where you come in again, and let's talk strategy, and runs hits in errors. i presume, you share the frustration of a lot of democrats, with the white house messaging effort. where is the barnstorming? where is the big themes telling americans what could be in these bills? for them, where they live. do you think the democrats should take these victories, perhaps texas ends up being a victory, perhaps even kicking the can down the road till december, is seen as a victory within the senate chamber. and get their fight on? >> yeah. i think it's really important, that every single democrat realize, that americans know what they're fighting about. they know it's a fight about process, and trillions and trillions of dollars. but they don't know what they're fighting for. they do know that there's something about roads and bridges, but i think most americans don't really know what's in this larger reconciliation package. that is the heart of the negotiation right now. and how big it will be, iowa programs will be included, what's faxes will be raised. and on who. and i do you think it's really important, that they get away from the top line discussion of how many trillion, and whether or not manchin in cinema are going to do anything with this filibuster, and hone in on the very popular parts of this bill, that most americans support. i agree with susan. listen, political pressure builds. and it was serious and substantial and mitch mcconnell did blink. and he will blink again because he is not going to let his members be the ones that are known forever, as the first political party to cause the united states of america to default, on a full faith and credit of this great nation. >> peter baker, you know we had chris matthews on this broadcast, when his book came, out i asked him, how tip o'neill would go about, selling these huge initiatives, that the biden presidency. has come up with and is fighting over currently. and chris matthew said, without hesitation. he would nationalized. it's they would be out campaigning, in all 50 states, prominent democrats, having press conferences in front of the decrepit bridge, that is in every major city, some of that more than one. across the country. reminding people, what they are going to get, it's a long way of asking you, if there's any acknowledgment at the white house level that the selling of this, the messaging of this, has left a lot to be desired. and left a lot of selling points on the table by the way. yeah i've president biden had been playing inside game for the most of the year. he's been focused on how to manage, to get this through a very complicated congressional situation where the democrats have basically no margin for error. republicans aren't playing on the largest social spending bill and therefore his negotiations are entirely with his own party, where he basically can't afford to lose a single vote in the senate. only three in the house. so he's playing that inside game, but you're right why he has done is senator basil has that is the american public confused as to what they are debating. all the hero numbers, they hear tactics, they hear progressive versus moderate, what they don't here is what's at stake. basically below that encompasses one of the largest social spending initiatives that we have since lbj, and society where the president wants to expand medicare, universal pre-k, childcare help for parents, free community college, climate change. all these things that the president could be talking about, does talk about from time to time, gets lost in the wash of his very very messy sausage grinding legislative fight. i think that has kept a public off the table they are not engaged in this, they are not lobbying their members of congress one-way the other. pro or con. what's in this, bill which should be in the bill, or wasn't the bell at all. because it sounds like such a washington fight. >> susan dawn winds low, i know that don tweeted before we came on the air tonight, quote, can we bring back consequences, i miss consequences. so long this very same lines, it's a very great point susan, let's talk consequences where they pertain to the one six committee. let's assume if no most if not all of these big boldface names that have been subpoenaed are going to tell them to go pound sand. what about consequences? and what about the rights of ice, the taxpayers, the citizens, the people concerned that our democracy had a very close call and continues to, wanting some consequences? >> well you know one of the lessons that i think the trump administration, the lack of consequences for defying congressional oversight. so here we see -- does anyone think that any of these people who were subpoenaed will comply with the subpoenas for documents tomorrow. i don't think there's anybody in washington who thinks they will. so the question is what will the committee do about it? will they have this kind of a media referral, it seems likely that they will send out a sergeant in arms to arrest him and bring him back to the capital, even though i gather they did that a century ago. what's at stake is the reality of congressional oversight, if biden laying action defying congress, they run out the clock, which i think is the strategy, where does that leave congressional oversight? where does that leave the separation of power that has made america work? and where does that leave at the and, where does that leave our democracy? >> well you guys all had very great questions, and great answers to our questions. great thanks to our starting line tonight, peter baker, susan page, -- greatly appreciate the three of you starting us off. coming up checks to more called on republicans to get out of the way. now some democrats are declaring victory after what is after all, a decision to kick the debt crisis down the road. and later, one of our leading pandemic experts calls today's billion dollar decision from the biden white house big news. she will explain why it was so important, all of that and more, as the 11th hour is just getting underway. in view of the washington monument, and clearing size, right after this. r 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get a $500 prepaid card when you upgrade. i think their play was, make call today. mitch take us close to a dot limit crisis as we can, to see if the democrats hold. and when we didn't, they realize that a global economic meltdown led by a u.s. that lima crisis was going to blow them up our with everybody else. so they pulled the plug on the plan, mitch folded, but now we've got time to go ahead and do build back better. >> democratic senator from the great state of rhode island as we mentioned perhaps hoping to win the gratitude of a grateful nation. miss mcconnell, ever the statesman, said he will not blockade that lynn extension that runs until december. it's a tentative deal to end the standoff, we are still waiting on a final vote. meanwhile, a new -- poll shows that president biden's approval waiting continues to drop, as his agenda remain stalled. you heard us mention this on the previous statement, he has a new all-time low 38% of those questioned, saying they approve of the job he is doing. we will talk about this, and some other matters with two friends of this broadcast. back with us tonight eugene robinson pulitzer winning prize for the washington post, and tim miller -- to chip bush. good evening. eugene i think it was tearing 13 days and may their quote attributed to bobby kennedy said to his brother, you went ida eye with the soviets and they blanked. while the schumer mcconnell dynamic maybe less fraught than that, is that basically what happened here? is this a victory for the democrats and i thank you note to mcconnell? >> while you know the situation is somewhat fraught, that is pretty fraught. we're talking about local economic collapse if the u.s. default on the state. yes mcconnell -- there's no question about that. you have to chop this up as a victory for the democrats, they get what they really wanted, they get yes only a few weeks, maybe a couple months of -- . the politics will be exactly the same when this comes up again. you know when it runs out again, and we are once again at the -- . meanwhile, they have time once again, not just to agree on the reconciliation bill, the build back better agenda, but also to talk about it. to explain it, and first decide what's going to be in, and let people know, so they can sell it. that's what they ought to get about doing now. they had a victory today, but let's get on with governing now. those approval numbers will stabilize, and hopefully go for biden go up. >> two things are potential readers you're dramatic depiction of about the criminal complaint -- this week was absolute required reading. that's number one. number two, is our actual question. how much should biden in the people around him be worried about these polling numbers, and here's a free shot how much of it is the result of really crappy reporting by mainstream news media, using false equivalence standards that stopped the 1970 and is not as if donald trump was never president? >> well i'd like to unpack there brian, unfortunately -- material is not appropriate for the cable shows that we will leave that there. people can read it if they wish. as far as biden's approval rating i think that some of the stuff got out of his hands, and some of it is in his hands. the comeback of the delta virus is a big reason why we are seeing disapproval numbers go up. obviously you can point to red state governor -- brunt of the pain, that happens when you're the president. i don't think it's gonna -- be in particular democratic party should take a deep breath before fully hyper ventilating over it. i think your point about the media feeling like they need to be on the political front of the think of biden the same treatment they gave trump over this. i think the biden administration would be remiss to just assume with all those factors that are out of their hands. they fumbled the ball on some things that are in their hands, you know they had an infrastructure bill that was on the yard block, they decided not to punch in. now they've had this interparty fighting, i think biden is showing patience, it's very possible that both these bills will pass. nobody will remember this next november, and will all will be fine and dandy. they have to make sure that actually happens. they also have a problem on the board i think they've stepped in as well. he's got a lot to deal with, some of it i think has been unfair, but some of the things they need to -- . >> eugene, they always quotable rick wilson said this tonight on twitter, for the 97th time for the love of god democrats, do not play softball, exercise your power to the outer limit because the other side is most certainly going to do so. this was last voiced on this broadcast by the noted political analyst stevenson, who actually had a point. so in that vein, when are the democrats going to find a wartime consigliere, instead of the collection of mostly student council presidents that currently makes of the democratic caucus? >> oh yeah, they got to be more vicious, and tougher, and more with less, they got to play like the other side is playing, and stop play bringing pen knives to the gunfights. democrats have always lagged behind republicans in going for the jugular communications, strategic communication. they are not as good as coming up with the pithy phrase that sticks in the public mind, they are not as good, or has disciplined at driving it home over and over again. they kind of learn to do that. that's the modern world of politics, that's how republicans are managing to exercise such power in washington, when they don't actually have power in washington. the democrats are dominating at least in control. so they have to be better at that. >> a sheldon, white house actually said today on nicole wallace this broadcast, we are democrats, we are nice people. the guy has a point for better or worse, that is their branding in 2021. both of these gentlemen have a great -- with us. coming up why former top gop strategist thinks the republican party has gotten even more radical, since the insurrection. insurrection sorry your vacation request took so long to get approved, so you missed out on the suite special. but lucky for you, they had this. when employees are forced to wait for vacation request approvals,it can really cramp their style. i'm gonna leave you to it. um, just— with paycom, employees enter and manage their own hr data in a single, easy-to-use software. visit paycom.com and schedule a demo today. clerk: hello, how can i? sore throat pain? ♪honey lemon♪ try vicks vapocool drops. in honey lemon chill. for fast-acting sore throat relief. wooo vaporize sore throat pain with vicks vapocool drops. wondering what actually goes into your multi-vitamin? at new chapter its innovation organic ingredients and fermentation. fermentation? yes, formulated to help your body really truly absorb the natural goodness. new chapter. wellness well done republican party is more extreme, more radical than it was on the day of the insurrection. it's more hard, and it's more hardened in its faith to delusions. we have a real life autograph movement in this country. >> my friend steve schmidt not mincing any words about the current state of the republican party, meanwhile donald trump is poised to run again in 2024, continues his efforts to undermine faith and our democratic system. >> the insurrection took place on november 3rd, that was the insurrection. when they rig the election. the real insurrection, that's really the crime of the century, that took place on november 3rd, but not on january 6th. >> that's about how that went back with us tonight, thankfully eugene robinson and tim miller. tim, do you concur with mr. schmidt, that the party is more extreme today, than they were on the afternoon of one six? >> well, brian you know that steve is sometimes, interested in using a little bit of hyperbole in his language. i do not think this is the case here. i think there's really no argument counter to what's steve said. that the party has got more extreme since january six. on january 7th, people like lindsey graham, mitch mcconnell, all speaking out saying this it gone too far. that the big lie and gone too far. that we need to start to move forward. trumpet done some good things, blah, blah, blah. but overall, they were upset, for good reason, over the fact that our capital was sieged by trump supporters that he incited. as he sat there. now today, nine months later. you cannot run for national office as a republican, without essentially taking the position that what happened on january 6th was either good, or antifa falsehood. josh mandel in ohio is in today saying that he thinks we should have an 11 three commission, not a one six commission. to look into all the imaginary fraud, that he is pretending he things happened. because that's what the voters want of him. you name in via the party -- what you have is really a pro insurrection party, it's true across the board. it's true all the way down to local offices. i think steve's observation on that is right. >> eugene let me show you a piece of video, perhaps you birdie cnet. this is lindsey graham, back home in south carolina this past weekend. >> so the bottom line is, i took the vaccine, i've had it, it kicked sherbet. if you haven't had the vaccine, you gotta think about getting, it because if you're my age >> no. no. no. >> i didn't tell you to get it, you ought to think about. it >> so hardly -- you could argue he knows his audience, in large part because his party, has given rise to so much of the anti-vaccine movement. eugene what do you make of that moment? >> it's just pure insanity. it's just crazy. the republican party, he is not only irresponsible, i think it's clinically insane at this point. because it is insane, to boo at the mere suggestion that you might take a shot, that will see if your life. keep you from dying, of a deadly infectious disease. that's all it will do, in the fact that the republican party, for some sort of bizarre political reasons, has become and vaccination, is just, it's just insane brian. and you have to wonder, how does this end? how does this party ever get back into the orbit, of reality. as long as it is in trawled to donald trump. and this sort of trumpism, and i don't know the answer to that, but it deeply worries me, because one of our political parties is just, out of its freaking mind. >> i for one have enjoyed not getting measles, mumps, rubella, diphtheria, polio. thanks to the vaccines that were mandatory when we were all kids. hates him i have 60 seconds for this answer, here's the question. i know that mike pence is deploying his platinum level serious face, getting ready for a run for the big house, is america ready for what mike pence is cooking? >> i don't think i need 60 seconds. brian no sir. it's not gonna happen for mike pence. could not happen to a better guy, but i don't think that he has, any sort of real base within the party. the trumpers don't like him, the trump skeptical folks have already moved on to ron desantis. and i think it's time for mike pence to make stage, left or he's gonna be in some lonely pizzeria in iowa over the next few years. >> pizza ranch for the win. our guest tonight to friends, eugene robinson and tim miller. gentlemen, thank you. we will do this again. greatly appreciated. coming up for us, while waiting in line for a covid test, could soon be, a thing of the past. even for the anti-vaxxers. en for the anti-vaxxers. it's sleep number's fall sale on the sleep number 360 smart bed. it's the most comfortable, dually-adjustable, foot-warming, temperature-balancing, proven quality night sleep we've ever made. save up to $800 on sleep number 360 smart beds. today's billion dollar plus, 0% interest for 36 months on all smart beds. only for a limited time. investment, to freely expand testing production puts us on track to quadruple the amount of at home rapid test available for americans, by december. >> that means we will have available supply, 200 million rapid at home test, per month, starting in december. with supply of tens of millions of additional tests coming on the market, across the next few weeks. >> if we're being, honest they should already of happen, the administration's new billion dollar push underscores the critical role, that testing has in slowing down this pandemic, the u.s. is way behind a lot of other civilized nations, most notably, in europe and asia, in terms of testing frequency and availability, many americans still lack access to regular, and affordable testing. back with us tonight, doctor patel, clinical physician former senior policy aide during the obama administration, also happens to be one of our public health experts and nonresident fellow at brookings. doctor, i want to read you a quote from doctor -- at brown university. he says quote, we wasted all of last, year when rapid test would have saved thousands of, lives there still enormously important, we need to make antigen test widely available, today's white house decision, helps a lot, indeed doctor, i heard today, if you live in the uk, twice a week, walk and walk out. free testing. how far behind, are we on this? >> yeah brian good evening, we have been very far behind, other countries, the uk for example, you can call a phone number, or send a text, and he'll immediately at your doorstep receive five free antigen test, i think testing is important to individuals, but it's also important to remember that testing can help us detect where we have outbreaks, where we can actually do some of that contact tracing, before we get some of these large spread events, and honestly, it could've helped us probably avoid some of these situations with delta, where many of us felt like we got caught by surprise, with a variant, that so infectious. >> i'm curious as to where you put the fight right now. the numbers fight each other, to a lay person looking at them. hospital admissions are down, yet a lot of icus are still full, our death rate seems to be fixated around the 2000 souls per day level. how is the system, holding -- where do you put us in this fight? >> yeah, so the system is holding, i'd say our system is still life support, brian we're still experiencing in many, hospitals even in places where we don't have the country or the state looking red, because of our high cases. we're still experiencing many of the kind of aftershocks that you would from people who didn't seek, care who called it in many places, florida, texas, and others. we still have people waiting for days. just to get an er bed. this is still a pretty critical time. we should not forget that parts of the country, alaska, idaho, missouri, oklahoma. and then now unfortunately brain, starts parts of the northeast are also experiencing either an uptick, or they're not seeing the declines. we're still kind of in the thick of this. and most of the country. but as you point out, the good news, first will see cases come down. which we're seeing hospitalizations coming, down which allows us. seeing deaths are usually the last indicator to follow. but we're vaccinating close to 1 million people a day, that number absolutely will decline. let's talk about something really important to the wider world, i've traveled to africa some of the chips with ngos distributing something as simple as a malaria anti mosquito net to save lives. they have been doing the same where carefully for years, and years. now this really incredible game changing news, that the w.h.o. has approved the first ever malaria vaccination. i am assuming you join the rest of the world in applauding this. >> yes, brian, it feels like we are in a renaissance era for vaccines in general. not only have we had this incredible productivity through the covid vaccines, three different types of technology, messenger rna, other types of vaccines. but this malaria vaccine is the first of what i hope will be many generations of malaria vaccines, that can actually give long-lasting immunity. this is incredible lifesaving access. at last, it has limits, at last for several years. so we're looking at something that would need to be repeated, that can be hard in many countries. however, it should be understood that this is the type of advances in science that can take us not just out of the pandemic that we're experiencing now, but as you point out, pandemics and epidemics that much of the world has gotten used to unfortunately. >> let's not let the anti-vaccine forever become an unfortunate american export to the world. let's hope people get this vaccination. all right thanks as always to doctor, kavita patel, for taking our questions. coming up for us, two big efforts are underway in california, first there is cleaning up the black sheen and hard balls from an oil spill, second, finding out who if anyone is responsible, and when they learned about it. they learned about it. after my car accident, wondnder whahatmy c cas. so i called the barnes firm. i'm rich barnes. youour cidedentase e woh than insurance offered? call the barnes firm now to find out. yoyou ght t beurprpris call the barnes firm now when that car hit my motorcycle, yoyou ght t beurprpris insurance wasn't fair. so i called the barnes firm, it was the best call i could've made. call the barnes firm now, the depressing and disastrous and find out what your case could be worth. ♪ call one eight hundred, eight million oil spill off the coast of california has now poured over 140,000 gallons of oil into the pacific. you can see it in the water, you can see it on the beaches, it's covering the fish and wildlife that have already died as a result. reports now suggest the spill could have been much smaller, more containable, had a pipeline company acted on much sooner. we get our report tonight from an bbc news correspond it -- . >> tonight the massive spill, and missteps, as authorities pinpoint a cause for this disaster. we now have a clear timeline of what went wrong. according to federal documents obtained by nbc news, beta offshore received a low pressure alarm on its massive underwater pipeline at 2:30 am saturday. but investigators say it took more than three hours for the company to shut the leak down. it was more than six hours after the initial alarm before beta offshore reported the incident to the national response center. federal officials were in the dark for hours, as oil spewed from the cracked pipelines five miles off the coast, at a depth of 98 feet. government documents also show the first reports of a possible spill came in friday night, roughly 12 hours before the pipeline was shut down. we are not aware of any spill made on saturday morning, if we were of something on friday night i promise you we would have immediately stopped all operation. with a 13 mile oil sheen's quickly spotted by the coast guard, -- operating in federal waters off southern california's coast, the ring at the center of this bill has an oil pipeline that runs about 50 miles back to shore. that pipeline, and this rig, are more than 40 years old. closing in on the cost for the rupture, federal officials are investigating if a cargo ship is massive anger like this one, may have accidentally drag and split the pipeline open. what we do know is the damage to the environment, and it's wildlife, could be catastrophic. a disaster that perhaps, could have, and should have, been stopped hours earlier. there could be criminal charges if investigators determined there was negligence involved with the spell, but that investigation into what happened here, and along the pipeline, could take weeks even months. >> our thanks to miguel mcgill of from the report of the california coastline. this week holocaust in iran spray-painted antisemitic graffiti on the walls of auschwitz. it's insulting enough to the innocence those who died there, and it's time some republican political types showed the proper respect as well. the story when we come back. story when we come back. last thing before we go tonight, marjorie taylor greene staying on brand has somehow compared the treatment of the one sixth insurrectionist to the nazis who -- carried out the holocaust. just as she previously compared mask wearing and vaccines to the holocaust. you may remember a few months back see apologize for her initial remarks after she was invited to visit the holocaust museum in washington, where they explain the holocaust to her. but then this morning she went back to her go-to material. >> and you are not a domestic terrorist if you went to the capital on january 6th supporting president trump, -- not wanting to see fraud in our election systems. that doesn't make you domestic terrorists, what happened on january 6th was a riot, and he needs to be treated us. so these people have been locked up held in solitary confinement, and now the fbi and department of justice is sending americans all over the country. you see here is what's going to happen, steve, people are going to be fed up with this intimidation because they have seen it before in our history books. we have seen it before with a brownshirts, we have seen it before with the gestapo, we have seen it before in countries like russia, we see it now in china. >> then there is mike flynn, he loves talking about the holocaust as he did just this weekend. as you listen to this remember please, the sky was the national security adviser in the white house, right before he got in trouble for selling out his country. >> you're going to wake up one day, and you will be you know, in a metaphorical where you will be told to get on a train. like we saw in the late thirties, and the forties, and nazi germany. all of that tragedy, all the people who got on that train ended up going to their deaths. i ain't getting on that train, i'll take a bullet before i get on that train. >> so that's mike flynn. and just a thought here, it's probably best if people just stop comparing any slight, any burden, to the holocaust. especially the insurrection and through this, while yes it's often a showcase for their ignorance, and they mention it for the sheer shock value. the actual holocaust as its name implies was the darkest chapter of the modern era. 6 million jews were exterminated, the last of the survivors are leaving us at an alarming rate. our fathers and grandfathers went to war to save the world from tyranny. about the holocaust it is said that we must never forget, but that does not mean constant mentions why congresswoman or a disgraced former general the phrase never forget, when you think about it, doesn't apply to you if you have never taken the time to learn about the genocide you so freely mentioned for effect. that is our broadcast for this wednesday night, thanks for being here with us. on behalf of our all our colleagues that the networks of nbc news, goodnight. , goodnight. tonight on all in. the insurrection to place an november 3rd. that was the insurrection. >> nine months after donald trump's attempt to overthrow democracy, the slow motion insurrection continues. >> let's just audit the voting machines, publish it so everybody can see. it >> knew progress from the select committee, as trump aides defy subpoenas. stacey abrams on today's big hearing for voting, writes in lawrence tribe and the threat to democracy, that no one is talking about. then the unbelievable story of a lieutenant governor, undoing public health measures, while her governor was out of state for a stunt visit to the border. and more courage from the fox news crowd, calling out other employers, for enforcing vaccine requirements, just like fox news. >> i don't think it makes sense for espn to be mandating the vaccine, for employees. >> when all in starts right now. good evening from, new york i'm chris say. as we are fast approaching this second big test of post trump ec

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