expresident that no one is above the law. here is chairman bennie thompson on what is coming next for bannon after the house vote and beyond. >> we hope that the attorney general sees the importance of moving ahead with this indictment, moving ahead with locking steve bannon up, moving ahead with clearing the air that you can't conduct an insurrection on the government of the united states of america and nothing happens. so, clearly, it will be in the department of justice's hands. our committee, on tuesday evening -- we will do our job. but this is just the beginning. i assure you, there are others, if they do not cooperate, they will suffer the same fate. >> the news that should be deputily concerning for donald trump, a member of his own party last night, adam kinzinger not ruling out a subpoena for the former president himself or for former vice president mike pence. watch. >> your colleague bennie thompson has not ruled a subpoena for former president trump saying quote nobody is off limits for a subpoena from this committee. is that really realistic, potentially, a subpoena for him or even for vice president pence? >> yeah, i'm sure it's -- you know, it is realistic. i mean, we are not going to jump to doing that immediately because, obviously, that's big. there's a lot of people that know a lot. but i'm going to tell you, i know the members of this committee. we have been meeting a lot. we are talking about these issues. we are determined to get to the bottom of what happened. >> and yet, the expresident squarely in the cross hairs of a very serious bipartisan congressional investigative committee that is intense in its focus, swift in its pace and completely united in its mission as you heard right there to get to the bottom of donald trump's role in insighting the insurrection. there are more new signs today that the republican party is increasingly acquiescing to donald trump's control even staking its entire future on continued renewed loyalty to him. "washington post" reports with more than a year to go before the mid terms the former president leaves no corner of the party untouched as he asserts his dominance. he steps up efforts to create a conundrum for party strategists and lawmakers who believe they could have a banner year in 2022 if they keep the focus on president biden and his agenda. as we said yesterday, if that means that his supporters do not vote, so be it. but the chilling consequences of trump's threat are already playing out. according to the "washington post." already many gop candidates are following trump's lead echoing false allegation has the election results were manipulated and raising the prospect that fraud will taint other elections. we should be clear about why we are stopping to discuss twitterless sbis impeached donald trump and his believiations and false allegations about voter fraud on the campaign trail. it's because they are part of a time in progress. it's essential that we identify the danger so it can be stopped. so argues susan glasser in his column this week in "the new yorker." which stress has the era of donald trump cannot yet be relegated to chapters in history works. the presidency still has important unanswered questions that the forthcoming pile of books cannot answer and they have an urgency about them and unanswered questions about past administrations usually don't given the ongoing threat to our democracy. trump is not only prepared to run again but is determined to mold the gop to a sbingel issue party consisting solely of extolling the illegitimacy of the election that turned him out of office. that active crime scene is where we start with some of our favorite reporters and friends. eric swalwell is here. also joining us, betsy woodruff swan of politico, and robert costa is here, "washington post" national political reporter and coauthor of the new book, "peril". bob costa. i'm excited to talk to you about susan glasser's comment there about books. you unearthed many things not many days ago. i wanted to start with breaking news up on capitol hill. a 25-year veteran of the u.s. capitol police force was charged today for trying to protect a man who was accused of illegally entering the capitol during the riot. he was told to delete all social media that provides proof. he said i support your political stance in a facebook dm. they are investigating and everyone who was in the building is going to be charged. just looking out. >> your reaction. >> who was he looking out for, nicole? was he looking out for the safety of the 150 officers who lost an eye, lost fingers, still have not yet come back to work? was he looking out for our democracy? because for five hours, it was suspended and for the first time we did not see a peaceful transition of power? now. he was looking out for donald trump. he was looking out for a radical republican party that is so dangerous to our cup they don't believe in majority rule anymore. he was look out for himself. the real shame here is he does not represent not even one iota of who the capitol police are. he is an isolated incident whereas 99% of them fought in hand-to-hand combat that day. they are heroes to me. just as much as they are heroes, i see him as opposite of that. i don't want his performance that day, or lack of performance, to take anything away from the hero who is protected the capitol. >> i think to your point have become household names, officers dunn, skinnel, they testified before the 1/6 committee. they were the first witnesses. it is important. i want to focus on this one case. was he on duty ahead of his indictment? was he only dealt with this the indictment and then removed? or had he been on duty as a capitol police officer until he was indicted? >> that's an important question. that's why the january 6th commission is so critical in getting to the bottom of this? was he working on january 6th? what did he do, if anything, to assist any of the insurrectionists that day? second, how long did he remain employed? now, we know that the fbi and any police agency wants to keep that type of investigation as a close hold as they are conducting the investigation. now that he has been indicted those are questions that must be answered. >> my last question on this topic and then we will move on the other news of the day. congressman, do you have concerns there are other radicalized officers serving on the capitol police force? >> i am not concerned about that, nicole, again, because i know the overwhelming majority of them are heroes and put their bodies in front of ours. and one of the worst things that i have seen across the country, though, is that people like kevin mccarthy and republican leaders have demeaned their service. and so i'm afraid that when you have on the right mccarthy demeaning their service and now some on the left could say, well, you know, this is evidence of this officer's bad acts, that they are all bad, that the real heroes could lose their due. i'm not concerned about that, nicole. i think we owe it the our country to do a full vetting of everyone to make sure they are not radicalized. but i will back all of those cops that had our backs that day. >> as we were discussing, betsy woodruff swan, the first who first i think wam household names were the first four witnesses before the 1/6 committee. the 1/6 committee -- that feels like another era, right, of this committee's public phase. they are now moving into a very potentially contention shows legal battle. talk about steve bannon's being held in contempt of congress. >> tuesday is perhaps the most dramatic day yet for the january 6th select committee since that important hearing. because that day, the committee is going to vote on whether or not to move forward withholding bannon in contempt. before they take that vote, they will issue a report. i believe this report will be public. the report is going to lay out the case against bannon, what the committee wants from him, the steps they took to try to get him to cooperate voluntarily. his defiance of their requests and demands for information. and finally, language for a house resolution that the committee will vote on holding bannon in contempt. after it passes out of the committee it will go to the floor of the house of representatives. we don't know when but we do know speaker pelosi is on board with the mission of the select committee. we expect her to move quickly. will it go to the floor of the house of representatives. we expect it to pass the house. democrats control the house. then it will go over to the u.s. attorney's office for district of washington, d.c. the person in charge of that office, chang phillips also signed off on the indictment of the police officer who you just spoke about. he's very much steeped in these issues of holdsing the people connected to january 6th accountable ask. he's the one whose going to decide whether or not the justice department brings charges against bannon for defying this subpoena. of course i expect he will make that decision in consultation with senior political leaders at the justice department. i imagine attorney general garland will be involved in this decision since it's so high-profile and sensitive. this is not the kind of thing that i expect the u.s. attorney to make unilaterally. but ultimately it is up to him, his call, it is going to be a career d.o.j. official who makes this choice. that's the big question, what the justice department decides to do with steve bannon. i think if we had to bet there is going to be a strong case against him. but it's a big, dramatic step, and it would be -- there is some suspense there. >> robert costa, if there is no suspense we are all out of business. it will most likely be a bipartisan vote. kinzinger and cheney have been talking subpoenaings as long as any democratic member on the committee. adam kinzinger saying last night he could certainly imagine this investigation as it works its way up including subpoenas for former vice president mike pence and former president donald trump. talk about the committee's vision for the thoroughness and for the sort of steaming through all the steps that betsy just laid out. >> our reporting shows why bannon matters. at first, when we began this reporting project, he seems like a fringe player on the outside. but after nine or ten months, it's evident he's not a fringe player in the final days of the trump presidency. et cetera talking daily to rudy giuliani. he is talking to president trump. and so much of the january 6th story is not only about the day itself, but the days prior. bannon was involved, at the willett hotel on january 5th working with giuliani as across the street in the oval office trump was working pence. they were all working state lawmakers, putting pressure on them, state officials, the department of justice. this was a coordinated campaign. and bannon is in the middle of this as an ally of trump. also having a podcast that's reaching out to conservative grassroots people across the country. he's at the nexus of power in this moment. that's why the committee cited the scenes in peril and why the story now is about what bannon does. he is not an adviser, he is at the nexus of this story. >> he was not working them over in infrastructure. it was working them over in their coup ut plot to overthrow the will of the voters. they were working as bob costa as reported and just stated, mike pence to carry out what they envisioned was in the white paper. his role was to delay. they were -- mr. clark at d.o.j., several steps removed from the top official was writing fraudulent letters to the state of georgia to overturn their votes. talk about susan glasser's description of this as an ongoing crime scene. >> that's right, nicole. and it's a case that is not yet closed because, actually, most of the suspects remain at large. and the same circumstances that led to january 6th still exist. you have donald trump, who is telling republican voters that unless they resolve the the fraudulent election, that they should not vote. he's still riling them up. he has enablers now in kevin mccarthy and others. and he's got outside amplifiers in steve bannon. so this is a party that no longer believes in voting. they believe in violence. that's why also right now it is so important for democrats. let's deliver on this build back better agenda so in a while donald trump and mccarthy and bannon circle the capitol with gas cans getting ready to light the match that we can tell voters what is at stake during the next election that would be critical not to turn the keys over to republicans. they cannot be trusted to ever govern under this leadership structure again. >> betsy, this crime scene description i think carries through to this mop-like text that was sent to trump supporters. it is from the nrcc. you are a traitor, you abandoned trump. we were told you were a tried and true life long patriot. but when trump said he would run for president if we took back the house from nancy pelosi, you did nothing. was trump wrong about you? this is your final chance to prove your loyalty or be branded a desserter. we are giving you one final chance to stand with trump. it is -- it would be funny if trump hadn't actually sent people to the capitol and people hadn't lost their lives, if police officers' bodies hadn't been mutilated with trump flag poles. it is not funny. that's the grip that trump has on his support. on what fricking planet does that get approved and sent out? >> it is crazy. there is all sorts of wacky over the top language that you see in emails that campaign fund-raisers send out. but i have never seen one use this type of militant language to suggest that people need to go to war with a former president, to suggest if they don't participate, they are desserters. that's a military term. to suggest they could be traitors. obviously an incredibly loaded term to use, particularly regarding people who don't have any connection to government. many of whom are elderly, many of whom may not understand the subtext of these emails. email fund-raising messages often capitalize on reaching out to people who have trouble understanding the complexities of politics which is perhaps the least troubling thing about this extraordinarily over the top language. and the reality is that it matches what is actually going on within the republican party, kickly trump's leadership in terms of trying to corral people using extraordinary tactics into getting on board with amplifying this lie. >> robert costa, my colleague rachel maddow said at the beginning of the trump era, you know, watch what they do, not what they say. what mitch mcconnell and kevin mccarthy have done as donald trump has gone about n liz cheney's words undermining the foundation our democracy, the integrity of your elections. republicans have done nothing. is that the plan. >> you see right now a decision among many republicans and high-ranking positions to not publicly fight trump. as a reporter, it is not for me to judge. history, voters will judge that decision. many republicans privately despise him but publicly do not speak out. in politics, actions matter much more than private words. what we have tried to do over the last nine or ten months is talk to people and find out why did you not do anything, why didn't you speak up? some got emotional why they didn't speak up. it all came down the fear, powerlessness, in confronting fear. they fear trump, his political capital, they fear his supporters. they fear they have no control over the party they affiliate with. >> this is a pervasive feeling within the republican party and raises serious question about the republican future, for democracy's future. if we have a system in which people are not playing by the same rules, and they feel they cannot contest someone who has shredded them to the extreme. >> congressman swalwell, it would be sad approximate it wasn't pathetic. these are people who serve the country. they are not paid by pacs, they are paid by every single taxpayer. and they are afraid to call out a bully threatening our democracy? they are not fit to serve. how do you as the democrat party wide ten tent for everyone willing to continue in a democracy. >> right now, with democracy on life support w the environment that robert costa just described there are really either two camps. you are either in the camp that wants to resurrect and redeem this democracy. that includes liz cheney and adam kinzinger as far as i am concerned. or you are in the camp that wants to pull plug and take us towards an authoritarian state. i welcome liz cheney. and give me the problem that in a couple of years if this democracy is still around where she and i can debate theish us we don't agree on. but free speech, freedom of press, freedom of markets, that could be all gone. we have to be a big tent party right now. i will say this. i used to believe what robert costa said. i think fear is a factor. adam kinzinger is afraid. he gets threats all the time. so is liz complainy. it doesn't get in the way of them doing the right thing. i think for some of these people they were never as honorable as they put out in the the first place. they are just now showing their true colors because donald trump put out in a permissive attitude that it is okay. >> i would like to add -- >> please. >> it is not just fear, i would add sometimes they explain it away as fear. but let's not forget, at the end of the day it's decision they make. it is a choice, not just a reaction to trump. >> it is a decision when he -- when the tape came out that he grabbed women between the legs. it is a decision they make every time he talked about bleep hole uns can. a decision when he talked about good people on both sides of the kkk rally. it is a decision they make every day. the fact this they continue to defend it and can't even send out a fricking tweet it's pathetic. when we come back, the 2022 races are more important than ever for all the reasons we have been discussing. amid sweeping voting and election laws, pennsylvania's josh shapiro will talk about his plan to preserve democracy in pennsylvania. breaking today, the biden administration will go back to the united states supreme court the try to pause the texas abortion been a while its fate plays in and out the courts, what women might do to women with reproductive freedoms on the line for the entire country. and culture wars on education, the latest fight out of texas. requiring an opposing view of the holocaust. yes, this is real. all of those stories and more after a quick break. don't go anywhere. and more after a quick break. don't go anywhere. trade desk pr, and a passionate trader community sharing strategies right on the platform. because we take trading as seriously as you do. thinkorswim trading™ from td ameritrade. ♪♪ your new pharmacy is here. to make sure you don't run out of meds here. and with amazon prime, get refills and free two-day shipping. who knew it could be this easy? your new pharmacy is amazon pharmacy. regina approaches the all-electric cadillac lyriq. it's a sunny day. nah, a stormy day. classical music plays. um uh, brass band, new orleans. ♪ ♪ she drives hands free... along the coast. make it palm springs. ♪ cadillac is going electric. if you want to be bold, you have to go off-script. experience the all-electric cadillac lyriq. we are at a critical time in maeshlg. here in pennsylvania, too. already, there are republicans running for governor who want to lead us down a dark path, undermine free and fair election, strip away voting rights, and permanently divide us. that's the kind of divisive politics that gets in the way of solving real problems. >> that was pennsylvania's attorney general shapiro with his ad to run for governor. pennsylvania is one of the battleground states that's likely to determine the next presidential election. they are trying to get personal data of all 9 million voters as part of a partisan audit meant to breathe new life into donald trump's lies about election fraud. the only thing standing in the way of the election laws change willing is the veto pen of the governor, josh shapiro. i think this is the first time i have talked to you when you haven't been in your home, maybe, zooming with some of your family members behind you. tell me about your campaign? >> i just finished a rally. we are in northern pennsylvania. bob casey and i were talking about the future of our democracy, talking about what's at stake. i was stressing the importance of protecting voting rights and protecting our democracy so we can meet this moment of real challenge in pennsylvania in do what we need to do to help folks like invest in infrastructure and agree our economy and make sure everybody has access to health care and quality schools. at the foundation of all of this is making sure we have a strong democracy to stand on. based on all the people i have been talking to across the commonwealth, they recognize the stakes are high. >> i want to ask you a question sort of as a former campaign strategist. obviously presidential elections are a bunch of different statewide efforts. i wonder if the inverse is also true. a statewide election can be about a national referendum. i wonder if your strategy is around this national conversation of elections i can yours mattering to the future of democracy and if you are seeing it hitting people in the gut in pennsylvania? or is it still about more local more tactical issues? >> i actually think it can be about local issues and people here on the grounds can also care about our democracy. i mean i am taking my cues from the people in washington county, not washington, d.c. but the folks here, they know our democracy is at risk. they sense that this moment that we are in is very, very serious and that we have got to rise to meet the challenge and that each of us has an opportunity to do our part, to get off the sidelines and get in the game and protect this 245-year experiment that began right here in the commonwealth of pennsylvania. >> is your campaign cognizant of the dangers of disinformation? i mean the national conversation is polluted by fox news, facebook, and right-wing disinformation. i wonder if you feel lying being on the grounds, being able to reach out and talk face-to-face with your voters if you can get around that. >> the disinformation is real. by the way, as attorney general i have been working very hard to hold the platforms that are pushing that disinformation and the players doing it certainly accountable. but i will tell you, the disinformation -- you don't have to hunt through the algorithms on facebook to find it. just go look at the leaders of the modern day republican party today in pennsylvania. they are the ones peddling the big lie. they are the ones pandering out of weakness and trying to pass these far right litmus test. the good people of pennsylvania have been lied to nearly a year by the leaders of the republican party here. it is not on not just to focus on the algorithms that are sharing that misinformation, but also take the fight directly to the leaders of the modern day republican party here in pennsylvania and speak truth in the face of their lies. look, there is a price to their lies, nicole. we've talked about this. it's not just the erosion of our democracy. but it's also the missed opportunities to meet this moment of challenge in pennsylvania. while i'm focused on meeting that moment, connecting people to the internet, giving them good schools and access to health care, their focus on the other side is on the big lie. >> well, it seems like a person on the side of democracy, which happens to be members of the democratic party at this hour have to do both. you have to talk about delivering and talk about the big lie. i wanted to give you a chance to do that. this is lou barletta on a radioshow back in june spouting conspiracies. i wonder if you think this is what the other side will be talking about. >> could you possibly within if we continue to allow no voter id, no signature matching, chain of custody gone. people, dead people, we know this, have been voting in pens pepsz for a long time. people have been voting. we know that. now they don't even have to leave the cemetery. they can mail in their ballots right from the cemetery. this has to stop. >> most of the dead people who the audits turned up voted voted for donald trump. if you want the add to that, have at it. >> lying to the people he wants to serve. literally lying. i am the chief -- of pennsylvania. there were a handful, a handful of these type of fraud cases in pennsylvania that last election. within that handful, each of the people were caught and prosecuted were trying to cast one extra vote for donald trump. but the former representatives said there is just a blatant lie. it goes back to what i said before. they are pandering out of a position of weakness. and every day they lie to the good people of pennsylvania is another day they are not working to solve problems. i'm working together with democrats, republicans, independents to solve problems and help people here in the commonwealth. what they are doing is the exact opposite. that is the stark choice in this election. understand that if folks like that win this election, they appoint secretaries of state who are beholden not to the people of pennsylvania but beholden to former president. they appoint secretaries of state who also go and spread those conspiracy theory asks undermine our elections. that's why i say democracy is on the ballot. and that's why i say the progress we need to make on so many other issues from energy to education rest on making sure we have a strong democracy where everybody's voice is heard, every vote counts, and that we can move forward as a commonwealth in speaking truth. >> i wanted to ask you about something pertaining to your current job, your day job. this is from motion you filed yesterday to strike down the subpoena for all of the personal information of every voter in the commonwealth, i believe. % social security numbers, phone numbers. you wrote this, the subpoena is insprayible from the effort of former president trump and his supporters to promote distrust in the 2020 presidential election. the senators have been unshakeable in their commitment to that bad-faith objective and this investigation is yet another step to appease the former president. since launching this new phase of the investigation the senators said the former president is comfortable with the investigate and is watching closely. all of rudy giuliani's earliest and most humiliating failures i believe were in the commonwealth. what are they talking about? >> who knows what they are talking about? here's the truth. we had a safe and secure, free and fair election here in pennsylvania that joe biden by over 80,000 votes. that, nicole, was audited twice, as legally required. now, because they are pandering out of a position of weakness, because they are so willing to lie to the people of pennsylvania for their own political needs, they are seeking the private personal information -- social security numbers, driver's license numbers, addresses all that kind of stuff, of 9 million pennsylvania voters. we have gone to court to stop them from getting this information. the information they are seeking would violate our laws and undermine people's constitutional right to privacy. we believe it would have a chilling effect on voting and our elections. that's why i have gone to court to stop them. we simply can't allow them in the name this pandering to compromise the personal information of pennsylvanians. that's why i'm in court. nicole, as you know, every time i am gone to court when it comes to this election, we've won, they've lost, and our democracy has been protected. >> pennsylvania attorney general josh shapiro, with our focus on the sort of the state-wide efforts and the role that statewide leaders have to protect our democracy, will stay on this. thank you for spending time with us. it has been six weeks now that women in texas will be living under the nation's most extreme ban on abortions. 85% of all abortions there banned in that new law. the law heads back now to the united states supreme court. will there be any surprises as to what the court will do? a panel joins us next. hey google. ♪ ♪ ♪ ♪ ♪ ♪ is now a good time for a flare-up? enough, crohn's! for adults with moderate to severe crohn's or ulcerative colitis, stelara® can provide relief, and is the first approved medication to reduce inflammation on and below the surface of the intestine in uc. you, getting on that flight? back off, uc! stelara® may increase your risk of infections, some serious, and 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10 minutes. and unlike some cybersecurity options, this helps protect every connected device. yours, your employees' and even your customers'. so you can stay ahead. get started with a great offer and ask how you can add comcast business securityedge. plus for a limited time, ask how to get a $500 prepaid card when you upgrade. call today. breaking news today. the justice department saying they will again ask the united states supreme court to prevent texas's near total ban on abortions from taking effect while the case moves through the courts. the move comes after the conservative fifth circuit court of appeals ruled last night against d.o.j.'s request to reinstate a lower court's injunction on the near complete ban. the order was decided 2-1 backed by two conservative judges, one a trump appointee. the united states supreme court has already declined to block this same texas law from going into effect once. that means texas women are living in a hellish reality. joining us, maya wiley, ryan fallon is here. and the the rev al sharpton is here host of msnbc's "politics nation" and president of the national action network. maya wiley, your thoughts about whether d.o.j. will be successful. >> well, harded to predict what this particular supreme court will do. the department of justice to be successful because, remember, the department of justice's case is a very different one from the case that the supreme court said, hmm, we are not going to touch that. we are going to allow that law to stay in place until we hear the actual case on roe v wade, on what they have done to texas's constitution is constitutional. what the department of justice has done is said, wait, we are the ones coming in to say it absolutely violates roe v wade. it's unconstitutional. in fact, it prevents us, as the federal government, from being able to protect women who are in our custody were being able to get their constitutional right to an abortion seen to in the state of texas. so that means that it's right there before the supreme court. it is a stronger case as a result because the other case was a little bit more -- i still think justice roberts was right when he said we should let this preliminary injunction stand. but the reality is this was providers suing judges. this is a very, very different case. it's a strong one. the department of justice makes it clear what the state -- and it is the constitutional rights of people seeking an abortion. >> we have sought to never let our legal analysis stray too far from the reality for women in texas. 85% of all abortions in texas take place after this six-week mark. most people are only about four weeks pregnant by that point. i am going to read from the dallas morning news about what is happening in texas right now. we should all know. in just one recent month seven pregnant 12-year-olds and their caregivers sought help at the dallas children's advocacy center which handles the most serious criminal sex abuse cases in the county where victims first share the atrocities in custom they have been trapped. staff members told a recent pregnant rape victims as young as 9 years old, the advocacy center staff shared stories of 12-year-olds trying to find maternity clothes. of girls who must continue attending their neighborhood school as their pregnancy progresses. of bewildered childrens who believe their own bodies have become alien beings. maya wiley, how is this happening in the united states of america in 2021? >> fundamentally, it is happening because, number one, we had a congress that did not allow our constitutional norms around how we select supreme court justices. but number two, that we have become -- you know, i'm afraid we have become so distanced from the actual experiences of people, particularly low income women. because about half of women who seek abortions are low income, who struggle to get them. about 70% of them, almost, are already mothers. and they are making decisions about the lives of themselves and their families. but to even go so far as to say that we will be so etiological, that we will say that a woman or child does not have the power to make a decision for themselves even when raped is just so far beyond the pale. but it is because we have gotten so far from any real discussion about what our lives are like, who we are, and what it really means to take care of each other and support people who support themselves, their families and to make rational decisions over their lives. it is a harmful reality for our democracy and the lives of the people in this country. it affects all of us, particularly poor women. and we have to call it out in that story. >> ryan fallon part of why we are here is because to mitch mcconnell it is not about women. it is not about people. it is a game. supreme court judge, judges in general have been mitch mcconnell's game for a long time. >> absolutely. and the conservative super majority that now sits on the supreme court is the intentional outcome of a 40-year project that has happened on the political right. and now they intend to make good on it by advancing state laws like the one in texas. so i am not surprised that republicans are pursuing these goals, as horrendous as the outcomes are, as you just read. i think that the challenge that we phase is one that democrats must confront. you know, some of the scenes that you just read out before your question to maya are ones that abortion rights advocates warned were going to be the outcome if democrats did not do everything they could to try to stop brett kavanaugh, amy coney barrett. for the last years democrats have been sort of asleep at the wheel when it comes to addressing the courts. maya is right as she always is is that the supreme court should rule in favor of stopping the law. but we know that conservatives like alito and thomas may very well find new arguments to let the law stand. so democrats can't put all the eggs in the basket of this litigation. why aren't we seeing the biden administration call for an end to the filibuster to pass women's health protection act to cot phi roe? we need to see all steps taken to preserve abortion rights. otherwise we are going to continue to see laws like the texas one. >> rev, i'm not a democratic strategist. i worked on the other side. i regret it most of the days these days. but i am part of the democratic voting coalition. i cannot for the life of me figure out why an issue -- i mean, 85% of all abortions are banned. 100% of abortions for rape and incest are essentially banned. i would lead with this story every day if democrats would hold hearings. why is it -- is it just a matter of band width? why isn't this a bigger deal? >> the reason it's not a bigger deal is i think the democrats are really missing the point of how much this needs to be their lead in terms of bringing it to the public. because there would be overwhelming support for the democrats on this. and i think it would push the supreme court, who acts oblivious to public opinion, but clearly, they understand the public. they would have to listen and weigh what is going on here because what will happen is if the supreme court uses this to erode roe versus wade or in any way act as though there is a legitimate reason to put women through the misery that we have heard in some of the statements that you read tonight on the show and that i have read on other occasions, it will put front and center the argument to need to either reform the supreme court or expand the supreme court. so the supreme court needs to understand that they may be voting against poor women and women of color, but they may be investing in a movement that will change the supreme court. i agree with ryan. this is the end of a four-year plan -- or the result of a four-year plan that never stopped marching to get us to this point. but i think what they did not plan is inciting a movement that would change the court. and i think that if the court operates with insensitivity, they will give the every us the for a real movement to reform the supreme court. so my point is to look at the right wingers on the court now and say, be my guest. >> yeah. knock yourself out. we are going to tackle that on the other side of a quick break. court reform is next. alberto and i don't fit into those other family plans. that's why we love visible. they do things differently. yeah, it's wireless with unlimited data and if you join a group it's as low as $25/mo. all powered by verizon. 5g included. woo! just get together and save! we look goooood! what's everyone's handle? visible. unlimited data, as low as $25/mo all-in. powered by verizon, 5g included. wireless that gets better with friends. they say durable is the new black. okay, no one says that. but, it's true. just ask sharon. after three years these barstools still look brand new. even with these crazy lovebirds. [ squak ] alright i'll take the barstools! you can keep the birds. okay. y'all gotta hear this next one. kevin holds all my shirts and shorts. he even stuck with me through a cross country move. yeah, i named my dresser kevin. wow! i need a kevin that holds all my clothes. alright. i am sold. at vanguard, you're more than just an investor, you're an owner with access to financial advice, tools and a personalized plan that helps you build a future for those you love. vanguard. become an owner. ♪ darling, i, i can't get enough of your love babe♪ ♪girl, i don't know, i don't know,♪ ♪i don't know why i can't get♪ applebee's. now that's eatin' good in the neighborhood. members of the legal commission president biden tapped to consider proposed reforms to the united states supreme court are divided on perhaps the biggest measure and that's court expansion. many congressional democrats and progressive groups have recommended adding judges as a move to balance what is clearly a very partisan court. part of the panel warned that expansion is, quote, likely to undermine the supreme court's legitimacy and role and that there are, quote, significant reasons to be skeptical that expansion would serve democratic values but as "new york times" notes today, the commission took a different tone with proposed term limits for judges that currently serve life terms saying, it appears to enjoy the most widespread and bipartisan support. we're back with maya, brian, and the rev. brian fallon, i saw you react quickly and decisively. i'll let you do so here. >> well, the biden commission, we have to understand, was set up to really stall and provide time for president biden, who is not really keen on any of these structural reform proposals, to fight other issues, to prioritize other parts of his agenda, and so when he announced this in october of last year, it was really an attempt to sort of put this conversation at arm's length. and then the way that they built the commission with the people they invited to serve on it, it doubled down that this was a commission that was against proposing anything bold or game changing. they drew from the ranks of scholars that serve at prestigious law schools, practitioners that appear before the court routinely and then they even put a lot of conservatives on who, you know, by their own writings, admitted they didn't want to see any changes made to the court so the process was rather rigged from the beginning. and so the report's outcome and the draft version that leaked yesterday or was produced yesterday was really not a surprise, but then the most surprising or interesting thing that happened today, nicole, was in the first discussion opportunity, where members of the commission actually got to react to the discussion draft that came out yesterday, you heard a number of commissioners say this report does not speak for me. i thought that it ruled out expansion too quickly. people like sherrilyn ifill, the head of the naacp defense fund, larry tribe from harvard, people said i don't think i can support signing on to this report, so much bias it shows towards ideas like expansion. so, the fact that expansion now has supporters even on this 36-person commission that biden set up to try to keep expansion at arm's length tells me that there's growing momentum behind this idea. >> rev, i'm not sure i add much to any of these conversations except telling you i know exactly what republicans would do if they found themselves in a position with a 6-3 majority in the other direction. they would not be wringing their hands or wondering. they would be for expansion. are democrats getting to the point where they're ready to sort of fight some of these big issues like sflenz republicans? >> i think the base of the democratic party, i think the voters are there. i think that a lot of the leadership is -- they're misreading their own voters, their own constituents, and sometimes when the leaders of a march don't move as fast as the marchers, they end up with the marchers overtaking the march and there become new leaders and i think that's what's going to happen here because it is unthinkable that if we were in the reverse situation of 6-3 far left -- because we're talking about far right. we're not talking about just right of center. we're talking about far right. if we had a far-left court, there would be no question the republicans would be beating the drums and having all kinds of public momentum that they would be establishing to reform the court and would give public opinion on their side. i think that the democratic leadership needs to get out of the way of the democratic people and let's democratize the supreme court. if nothing shows this, we've lost voting rights and now women's rights. what else do we need to do, start having the court vote that the earth is square? and it's not round? i mean, what do they need to do? >> it is interesting, you've got one justice, justice alito, writing about voter fraud, which as we all know from bill barr, isn't a thing. maya wily, brian fallon, reverend al sharpton, thank you so much. the next hour of "deadline white house" starts after a quick break. ne white house" starts after a quick break. i'm way ahead of schedule with my trusty team ♪ ♪ there's heather on the hedges ♪ ♪ and kenny on the koi ♪ ♪ and your truck's been demolished by the peterson boy ♪ ♪ yes -- ♪ wait, what was that? timber... 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[ screaming ] tonight my family will kill him. [ gasps ] [ screaming ] easily a map could have been constructed that would not done the following. that would have not put two members from the same political party of color in the same congressional district. i know what discrimination looks like. i know what it smells like. i know what it tastes like. i know what it sounds like, and i know what it hurts like. that map hurts. >> wow. hi again, everyone. it's 5:00 in new york. the consequences of an unbridled power-hungry gop on full display there in the lone star state. that was congressman al green before a texas house committee on wednesday calling out what he believes are the motivations behind the newly drawn district map in texas. "washington post" reports this. quote, a new texas congressional map shreds democratic representative sheila jackson lee's houston-based district, siphoning off thousands of her black constituents and forcing her into a primary against her neighboring black incumbent, representative al green, who you heard there. critics of the new plan say it's racial gerrymandering intending to weaken black voices in congress. "washington post" spoke with jackson lee who said no one has given her an explanation for why she was drawn out of her district. quote, there was absolutely no response. this was purposeful, racial gerrymandering which is very shameful in 2021. i am stunned. we are hurt. but we're not giving up, she said. not giving up the fight is texas republicans show more and more the danger they pose in power. here's what we've seen so far. they're attempting to silence certain voters by enacting new voter suppression laws predicated on a lie. they are banning companies and schools being able to enforce covid vaccine mandates and other public health measures. they're essentially outlying all but a very, very, very few abortions in the state. that new abortion law heading back to the u.s. supreme court as today doj announced it will ask the highest court to block it following an appeals court ruling yesterday that keeps the law in place. there are also new developments out of a texas school district that bring the state's culture wars to dizzying new heights or lows. quick back story. one of the laws texas passed earlier this year was house bill 3979. it requires teachers to present multiple perspectives when discussing widely debated and currently controversial issues. in other words, it was a republican's way to abolish critical race theory in texas. recently, the carroll independent school district in southlake, texas, had special training after the school board, in response to a parent's complaint, voted to reprimand a fourth grade teacher who had kept an anti-racism book in her classroom. nbc news obtained an audio recording. take a listen to what is an unbelievable conversation in the unite of america in 2021. the woman you hear, gina, is the district's executive director of curriculum and instruction. >> we are in the middle of a political mess, and you are in the middle of a political mess, and so we just have to do the best that we can, and so we're going to go and we're going to do, you're going to do what you do best, and that is to teach kids. >> i think we're all just really terrified. >> i think you are terrified and i wish i could take that away. i do. i can't. i can't do that. you are professionals. we hired you as professionals. we trust you with our children. so, if you think the book is okay, then let's go with it, and whatever happens, we will fight it together. we will. >> as you go through, just try to remember the concepts of 3979 and make sure that if -- if you have a book on the holocaust that you have one that has an opposing -- >> how do you oppose the holocaust? >> what? >> believe me, that's come up. >> so -- >> that's come up. teaching the other side of the holocaust, according to her, has come up in texas. that is the state of texas right now. right now. requiring an opposing view of the holocaust because it's come up. that's where we begin this hour. in a moment, we will be joined by congresswoman sheila jackson lee of texas. she's a member of the house judiciary and homeland security committees. also joining us, charlie sykes, it editor in chief. ari jones, you've done great reporting on districting. we need to deal with the other side of the holocaust. the right is sort of famous for making culture wars work. do you think, charlie, that the other side of the holocaust is a bridge too far or is this where we're heading? >> well, of course it's a bridge too far and it's easy to beat up on the administrator here and she's going to get dragged for all of that, but i think that the focus ought to be on the law and the fact that the teachers are terrified. they don't know what's going to happen. you know, conservative legislators used to talk a lot about the unintended consequences of legislation. what are the unintended consequences of this heavy-handed legislation? that teachers don't know what books they can assign. so, here we have the party of small government in the business of banning ideas, of banning books, and then of course, creating a situation where you go, hey, if you're dealing with anything controversial, you know, you might get in trouble, including if you teach a book on the holocaust. i don't know what that means. what is the other side of the holocaust? are you going to assign fourth graders "mein kaumpf"? i don't know what she had in mind but this is what you get when you have politicians playing culture wars and then trying to ram that into badly thought out draconian legislation and by the way, you know, i am actually old enough, nicole, maybe you can help me with this, i mean, i know that republicans in texas have been conservative for a long time, but there was a time when conservative republicans in texas were not absolutely bat crazy and i think this is the question. at what point -- i mean, texas republicans used to be kind of respectable. you had the bushes, people like john connolly, who switched parties. you had, you know, a variety of folks, and now we are almost in this competition between, i don't know, is it a competition between florida, arizona, and texas, who can be the most maga, who can play the most hair-on-fire culture war games? because that seems to be this race to the bottom that we're talking about here. >> i want to -- i'll deal with bat crazy in a minute. let me just push back, though. the teachers are terrified because they're taking their cues from someone who told them to teach the other side of the holocaust and we're -- i understand that the law is the law, but i think -- >> it's crazy. >> it's crazy. and so, i think when you have someone who's saying on the one hand, we trust you with our kids, on the other hand, teach the other side of the holocaust, there is no other side of the holocaust and i want us to be clear that of course there's no other side of the holocaust. >> no, no, there's no other side of the holocaust but i guess what i'm trying to say is that what do we accomplish by dragging this one administrator? i mean, this goes back to what governor greg abbott did, what the republicans in the legislature have done, creating this weird intellectual environment where teachers are genuinely terrified and where you have crazy talk like, well, you know, if you teach a book like the holocaust, and by the way, this is completely indefensible, i don't know why she thought of that, was the next sentence going to be, and if you teach anything about slavery, you have to have the other side of that as well? is that where we're going? well, apparently that's where we're already at now in the state of texas. >> it is, indeed. ari, i want to get your thoughts on this story as well as your reporting on redistricting that we started with. >> well, nicole, i feel like this is all connected. because my big concern is that texas is becoming like south africa used to be, which is a place where people of color are the majority, but it's ruled by a reactionary white minority. and i happen to think all of these things are connected. it's all about the preservation of white power, because if you look at the gerrymandering that's happening right now, it's being done to dilute the voices of communities of color. if you look at the voter suppression that has been passed in texas recently, it's being passed to dilute the voices of communities of color. you look at the abortion restrictions that have been enacted, those are going to fall most heavily on communities of color. we don't think about abortion as a racial justice issue, but it is. if you look at how they're restricting teaching, what they're trying to do is deny the lived experiences of racial and ethnic minorities, so this is all connected here, and my fear is that texas is a prototype of what republicans want to do everywhere, which is to pass extreme and unpopular policies, then attack democracy through tactics like voter suppression and gerrymandering so they can override the will of the voters. >> i guess the most terrifying thing is the speed and the success they're having. i'd like to bring into our conversation, congresswoman sheila jackson lee. we started the show with the news and your quotes in the "washington post" about your district being carved out. i wonder if you have had any additional or better or new updates for us on the state of that. >> well, all i can say is that what we have found in the state of texas is they've been given a bounty. they're now the largest state, when i say a bouquet of multicultural people, they are now the largest state in the union, and they were able to get two extra seats, and what did they do? punish people of color. no, there is no update other than to say that the plan that destroyed the 18th congressional district and placed a burden on the 9th congressional district, put two african-american democrats in the same district, we haven't seen that in 50 years, since barbara jordan held this seat. after more than a hundred people indicated they opposed it in a hearing that was called within minutes of the deadline, 24 hours and people had to scramble to get on to be heard on a virtual call, if you will, and even after all of those no's, the bill or the plan was forced out of committee, no amendments were allowed, and so tomorrow, nicole, and thank you for having me, is d-day. tomorrow is when this bill will come to the floor of the state house and people of goodwill, legislators, will try to offer amendments that will fix a number of concerns that the people of this great state have, and you know what? we need to stop the divide in texas. we need to stop the image and perception that we are not good people. the majority of us want a democratic republic. we want to be able to teach the holocaust in its rightful way, the truth. we don't want to teach hate. and we want to protect our teachers, just as the member of the judiciary committee, let me offer this. teachers have first amendment rights and teachers should not be dominated by someone who is wrong, and if a teacher chooses to teach the holocaust and teach it right and someone wants them to teach hate, i want them to exercise their constitutional first amendment rights and reject that admonition or that instruction. and we will stand by them. they will have a federal case. so, we want people to know us in that light, that we teach the truth, we teach about slavery in the right way, we teach about barbara jordan being the first person to go -- to congress since reconstruction. that's what we want them to know about us. >> congresswoman, i've never met a texan, and i know a lot of people from texas, who didn't love texas and texans, but i want to read you something charles blow writes in "the new york times" today. i'll ask you if this is starting -- if texas is starting to strain your love affair with the state. texas is a leader in oppression. it is institutionalizing and legalizing racism, my savageny, and transphobia. the lone star state is hardly alone in its oppressive ambitions. other states watching and waiting, poised to follow its lead. texas created a blueprint for abortion restrictions with republicans in at least seven other states planning to replicate the state's restrictions. we could look forward to some of those states mimicking texas on voter restrictions as well. in this way, texas is a harbinger of doom. it's the leading edge of regression. it provides a picture of where the republican-controlled portion of the united states may be heading, down the tubes in a stetson hat. is texas going down the tubes, congresswoman? >> texas is a megaphone that needs to be -- at least a megaphone that is present. and unfortunately, our state government is controlled by persons who are, as charles has indicated, part of the doom of a past america. they're part of the doom of oppression. but i want you to know that there are people, loving people of so many diverse groups, there are young people. we are trying to break loose and lead texas into the 21st century. we ask other states to stand up and help us, to reject the despotic and cruel legislative initiatives of texas. don't pass this anti-abortion law, this cruel bounty bill that looks like slavery. don't do that. and we are fighting inside. if we have to go to court on these redistricting to prove that these districts are protected districts under the existing voting rights, even though it's been challenged, that case law still exists. we have the right to exist as the 18th district, the 9th district and the 30th district by court law, federal court law that has not been overturned so don't give up, but yet don't follow the despots. listen to voices that are out in the streets, protesting with me, women, men, boys and girls, and of course our people, our members of the community of color. and so, that is the new texas. we still exist. but we have been overcome by the loud voices, and of course the wrong voices. please view these as the wrong voices and i might say, nicole, my district is on the chopping block because i have not been silenced. i've not been silenced during the pandemic, when we were slow to react, when our state continued to be a hot spot, because our governor refused to have masks, did not want to mandate vaccines, didn't want schools to do anything to help the children and was slow to get vaccines out and other ways of helping the people of texas. i'm sorry that is the case. but we're fighting every day. that is not the definition of the new texas. we are here, and we are shouting as loud as we can. >> the republicans in texas, congresswoman, passed voting restrictions in a state that is known among anyone who knows anything about elections and campaigns as the hardest state in the country already in which to vote. how urgent is the need for filibuster reform and for the united states senate to pass federal voting rights legislation? >> i'll be very quick on that. the urgency is yesterday. we are really suffering here. we're suffering because of the delay of senator sinema and senator manchin on build back and the invest act, which can do an enormous transformational change for the people of texas. and we are suffering because of a procedural rule that is not embedded in the constitution. it is not a statute. it is a senate rule just as you would have a house rule. it is easily rolled off for a temporary period of time to be able to save those of us who are trying to fight. that is my constituents. we need the filibuster gone, and we need it gone as soon as possible, and we also need to be able to ensure that we have a circumstance, if you will, that moves these bills along, moves the s-1 along and moves the john robert lewis voting rights. if this had been the law, this would not have happened to the poor voters of texas. >> right. >> because preclearance have to have occurred before this dastardly, dangerous stripping of power, imploding of a historic district could have ever occurred. isn't that sad? we had it all ready to go, and we could not move it to the president's desk. we have to do it right away now. >> congresswoman, have you made this case to senator sinema and manchin face-to-face? >> i have done so to senator manchin in conversations some months ago. you can be assured that i will be igniting it, and i hope as my public voice is heard today on msnbc, that senator sinema will listen to us. it's very difficult trying to reach her. a colleague that i serve with in the house, have great respect for her, and i hope that she will take my call and my visit. we'll be back in washington next week. but we are suffering. here's what the real angst is. the angst is that we believe this is going to roll across the south and frankly roll across the process of redistricting. texas did it early, and believe me, they left no time for any community hearings or input, and there are people who are in the majority community, if you will, white texans, who were appalled at this, how their communities were cut across simply to save gop incumbents, which they didn't bother to respond to those of us who were not of their party. but the key is, we need to have the tools of federal law to stop this kind of siege across america, and it will occur. if they can't get you at the ballot box, if they can't silence your voice at the ballot box, then they will attempt to silence you by writing you out. that is not a democratic republic. it is not democracy. and i don't think we can allow that to stand, not as a state, but as a nation. so, i will hope to talk to senator manchin as i've done. i look forward to talking to senator sinema on a number of occasions, dealing with the build back, the invest, the freedom to vote and of course the john robert lewis. we are behind in saving america. texas can be saved if we save america. >> congresswoman sheila jackson lee, thank you so much for spending time with us. we'll stay in touch with you. please come back. charlie sykes, i saw you -- >> thank you for having me. >> thank you so much. charlie sykes, i saw you nodding as she was speaking. >> well, i think, look, this is one of the things that the congress ought to act on, which is this whole notion of relying on gerrymandered districts to apportion the congress. i'm late to this particular issue but i think that in terms of the abuses that we have seen across the country, this seems to be one of the minimum things. look, you're not going to get hr-1. that's not going to happen. but if you are going to drill down on what is absolutely necessary and you have heard me say this before, you know, the congress needs to change the electoral vote count. they need to do something about gerrymandering. they need to make sure that state legislators cannot disenfranchise the popular vote. these are the bare minimum things and if it takes abolishing or carving out the filibuster to do it, they need to do that. >> ari, you are not late and i know some of your private views about folks like charlie and i who are late to these issues. tell me why this is hard for the democratic party to put aside filibuster reform and pass voting rights legislation that deals with all these issues? >> well, i don't think there's been a sense of urgency from the democrats about the voter suppression and the gerrymandering that we're seeing. there was a perception that if they just passed popular policies, that would be enough and they could out-organize these efforts and we're seeing, you can't out-organize surgical voter suppression, and you certainly can't out-organize extreme gerrymandering. you can't out-organize the dismantling of majority minority districts. you can't out-organize the fact that 95% of demographic changes in texas were communities of color -- were from communities of color but the number of white districts increased and the number of black and latino districts decreased. that's not something you can out-organize here, and so i don't think this was a top priority of the biden administration going forward. democrats said it was a top priority, but they have not acted with the urgency to make it a top priority. and there's never been a plan for overcoming the filibuster. and maybe the filibuster can't be overcome because manchin and sinema can't be swayed. this is now next week, nicole, going to be the third vote on voting rights legislation. they still don't have a plan to pass it. and that's just incredible when you look at all the voter suppression and gerrymandering that's gone on throughout the united states in the first nine or ten months of this year. >> it's like sitting around and deciding you need to neighborhood patrol as all the houses in the neighborhood are being ransacked. it's unbelievable. ari berman, charlie sykes, thank you so much. when we come back, the firing and the obsession with deputy fbi director andrew mccabe. just a day until his pension kicked in, stood out, even for trump. today, andrew mccabe is enjoying a little bit of redemption. we'll tell you all about it next. plus, secretary of transportation pete buttigieg responds to criticism aimed at him for being a dad and taking some parental leave. democrats sending in their biggest, boldest super stars to campaign in virginia for terry mcauliffe, starting tonight. first lady dr. jill biden. will the democrats' star power be enough to win virginia? "deadline white house" continues after a quick break. don't go anywhere. tinues after a quick break. dot n'go anywhere. growing up in a little red house, on the edge of a forest in norway, there were three things my family encouraged: kindness, honesty and hard work. over time, i've come to add a fourth: be curious. be curious about the world around us, and then go. go with an open heart, and you will find inspiration anew. viking. exploring the world in comfort. (vo) at t-mobile for business, unconventional thinking means we see things differently, so you can focus on what matters most. whether it's ensuring food arrives as fresh as when it departs. being first on the scene, when every second counts. or teaching biology without a lab. we are the leader in 5g. #1 in customer satisfaction. and a partner who includes 5g in every plan, so you get it all. without trade-offs. unconventional thinking. it's better for business. it was the result of a process that was unlike anything i've ever witnessed in my fbi career. we know it to be a result that they rushed to get to before i was fired, essentially delivering the result that the president himself called for in his own twitter messages about me and my planned retirement. >> in all instances, and we all watched them together in realtime, there were so many, of petty, spiteful, political retribution over the course of the trump presidency. the sabotage, the viciousness toward andrew mccabe and his retirement ranks all the way at the top. in fact, six months after that interview, andrew mccabe, the former deputy director and one time acting director of the fbi sued the department of justice for wrongful termination, insisting his dismissal mere hours before he was scheduled to retire was in fact political retaliation. so now today, two years and one new president later, a resolution. from the "new york times," who broke this story. on thursday, the department reversed mr. mccabe's firing, settling a lawsuit he filed asserting that he was dismissed for political reasons under the settlement, mr. mccabe, 53, will be able to officially retire, receive his pension, and other benefits and get about $200,000 in missed pension payments. in addition, the department agreed to expunge any mention of his firing from fbi personnel records. the agreement even made clear that he would receive the cuff links given to senior executives and a plaque with his mounted fbi credentials and badge. joining us now, nick confessore, msnbc political analyst and carol leonnig, msnbc contributor and coauthor of the book "i alone can fix it." nick, something that was remarkable about andrew mccabe's treatment was that it came after jim comey's firing, which was so personal and so harsh and so brutal, but somehow, the maniacal obsession with firing mccabe the night before his retirement really did, as we said, sort of rank at the top of the political revenge stunts that donald trump managed to pull off. >> that's right, nicole, and look, it happened in the open. that was what was so, you know, amazing about it at the time. the president tweeted, like, h ha, it's time to get rid of this guy before his 90 days come and then it happened. it was all very obvious and it sent a flare through the bureaucracy, through the fbi, that this guy will come after you if you cross him and don't bend to his will. i think the final irony for me, always, with andy mccabe is that his alleged offense was to be involved in a leak of a story about hillary clinton's private email server, which of course was a story that trump loved to talk about on the campaign trail in 2016. somehow, he was out there defending hillary clinton's honor by having this guy canned. it never added up. it was always very obvious and the fact that it was obvious was the point. >> carol, i interviewed andy mccabe, part of the interview, and i want to ask you his answer to me about the toll this took on him and his family. >> it's been an incredibly tough two years. and particularly this last year. i think, like all families that are challenged and have to step up to -- have to endure situations that they never asked for and didn't deserve, this experience has made us stronger. i have two children who i'm so proud of. they have had to kind of live with the president taunting and bullying their father on twitter, which is just a strange thing. >> and mother. >> and mother. and mother. absolutely right. and they have emerged as independent and strong and i'll say very politically aware teenagers. so, yeah, i'm just thankful to have their support and their love and we'll get through it. >> carol, andrew mccabe went through that. colonel vindman went through that. pete strzok went through that. jim comey went through that. we'd be here until 7:30 if we went through all the people's lives who were if not ruined dramatically altered by the heinous nature of donald trump's character as the country's commander in chief. so whatever the mccabes get back today, no one gets back the years or the careers that donald trump costs them. does that make sense? >> you know what's the most painful about watching this, nicole, and hearing your interview with andrew mccabe is thinking about the legion of career bureaucrats who experienced, if not as painful an experience as the mccabe family, something akin to it. vindman -- lieutenant colonel vindman is one but there are dozens, as you said, and in terms of the cost, think about the chill that this sent through the entire apparatus of the federal government. a president was hounding an fbi, at that time, acting director, whose one crime, apparently, was essentially that he believed there should be investigation of the sitting president. that's really the crime that andy mccabe was involved in as far as the president was concerned. but the chill this sends through the spine of the bureaucracy that's just doing its job, that's supposed to be protected from the political winds, and mccabe's experience is beyond the pale for another reason, nicole, and that was, you may remember, the president wanted him investigated. he wanted him fired. two line prosecutors with veteran careers withdrew from the investigation of mccabe in the u.s. attorney's office because they found it so disgusting. they found it so politically ridiculous. and my understanding from sources at that time was that they knew no grand jury would convict him of the crimes that the president was ginning up. you'll also remember a republican-appointed, bush-appointed judge said that the way that donald trump was behaving towards andrew mccabe was sending us on a path towards a banana republic. that was reggie walton. hardly a shrinking anti-government violet, one of the most pro-government judges, pro-prosecution judges you can find. i know him well. and to hear him say that -- that donald trump was, by pursuing mccabe in the way he did, putting us on a path to banana republic, i remember the chill i felt hearing that. >> well, i guess, you know, carol leonnig, my follow-up for you would be this. i mean, it has emerged how totally devoted donald trump was to turning doj into an arm of his effort to overturn the vote count. so, andrew mccabe isn't just redeemed in this narrow decision. donald trump is revealed as never having any designs on the department of justice other than acting in his interests. and i wonder if that makes it all the more alarming that every republican in congress other than liz cheney and adam kinzinger is all in on round two. >> it's disturbing, and we've talked about it quite a bit, but the loop, the loop that republicans have trapped themselves in, you know, spilling and enabling a series of lies of the president in order to stay in his good graces now spills over into the next midterm election, a desire to keep their own seats, to win the house majority for the republican party. they now have to re-encourage people to believe a lie that they allow to go unchecked. and they're caught in that web and i don't know how they are going to get us, themselves, or the country out of it. >> carol leonnig, thank you for getting right to it and spending time with us today. nick is sticking around. when we come back, as the country grapples with shortages and supply chain issues, transportation secretary pete buttigieg has faced criticism from some on the far right for taking parental leave. really. secretary buttigieg will be our next guest after a quick break. next guest after a qui bckreak regina approaches the all-electric cadillac lyriq. it's a sunny day. nah, a stormy day. classical music plays. um uh, brass band, new orleans. ♪ ♪ she drives hands free... along the coast. make it palm springs. ♪ cadillac is going electric. if you want to be bold, you have to go off-script. experience the all-electric cadillac lyriq. paul loves food. but his diabetes made food a mystery. everything felt like a “no.” but then paul went from no to know. with freestyle libre 14 day, now he knows how food affects his glucose. and he knows when to make different choices. take the mystery out of your glucose levels - and lower your a1c. now you know. try it for free. visit freestylelibre.us ♪♪ ♪ ♪ there are beautiful ideas that remain in the dark. but with our new multi-cloud experience, you have the flexibility you need to unveil them to the world. ♪ ever wonder how san francisco became the greenest big city in america? to unveil them to the world. just ask the employee owners of recology. we built the recycling system from the ground up, helping san francisco become the first city in the country to have a universal recycling and composting program for residents and businesses. but it all starts with you. let's keep making a differene together. democrats and the biden white house today giving their full-throated support to transportation secretary pete buttigieg amid bizarre attacks by the far right over parental leave, leave that he has taken to spend time with his husband, chasten and they're beautiful twin newborns, just a few weeks old. biden administration is pointing to the attacks, some of which are frankly homophobic. in its fight for including paid parental leave for working families as part of the president's domestic agenda, that's currently stuck in congress. joining us now is secretary of department of transportation, and new dad, pete buttigieg. how are you doing? >> i'm doing well, thanks for having me on. >> well, welcome back. i want to just start here. i'm not going to play it, because frankly, enough people have probably already seen it. but tucker carlson, i'll read. on leave since august after adopting a child, paternity leave, they call it. fox news actually calls it the same thing and offers it to new dads. he went on to say something about breast-feeding which i would say to tucker carlson, don't knock it til you've tried it but what are these attacks about? >> look, in his case, i guess he just doesn't understand the concept of bottle feeding, let alone the concept of paternity leave but what's really strange is that, you know, this is from a side of the aisle that used to claim the mantle of being pro-family. what we have right now is an administration that's actually pro-family, and i'm blessed to be able to experience that as an employee, being able to have the flexibility to take care of our newborn children, which is, by the way, work. it's joyful work. it's wonderful work. but it's definitely work. and we, as a society, i think, are starting to do a better job of recognizing that parenting is work, that care giving is work, and supporting it as such, which is, of course, why the president has proposed paid family leave for all americans, something most americans already believe that we ought to do and something that most highly developed countries pretty much take for granted. >> well, i guess i want to push you on where you think this is coming from, because it's misogynistic, i guess, to think that dads shouldn't also be home. it feels homophobic to suggest that you were trying to figure out breast-feeding. i mean, it feels dirtier than that. how does this attack land for you and chasten? >> look, this attack is coming from a guy who has yet to explain his apparent approval for the assassination of harvey milk, so obviously we know there's some dark places where some of these attitudes come from. but i also note that that doesn't speak for the country. i don't think that even speaks for most people on the other side of the aisle from the party that i belong to. this is largely a consensus issue, not just a support for families like mine to have a right to marry and right to be treated equally, but also families in general, moms and dads, ought to be able to support their children, including with paid family leave. >> mr. secretary, it's also an attack, it would appear, on your job performance. tell me what you've come back to and talk about any progress being made on supply chain issues. >> let's be clear. i have been fortunate and privileged to be able to have this leave, but i've still been available 24/7 on issues that can't wait, issues is that can't be delegated and major decisions and one of those issues i've been involved with throughout is, of course, that of supply chains. you look at the effect of the pandemic and you also look at the incredible return of demand thanks to the president's leadership bringing back our economy. long way to go, but look at the numbers right now. record-breaking goods coming into this country. retail sales off the charts. and what that means is demand is way up. ports are handling more than they ever have and it's coming into a supply chain that has needed a lot of attention, a lot of work and a lot of support for a very long time. as far as big picture, long-term, this is why we have spent the entire year talking about and working on the need for infrastructure investment. $17 billion for ports alone are part of the plan that the president has led on and i have been proud to work on. just to be clear, we've been doing a lot of tactical work too. earlier this week i was with the president when he announced the port of l.a. is going to 24/7 operations. this reason this is important is that l.a. and long beach, which are both making this change, just those two ports represent 40% of the container traffic coming into this country. a lot of americans might have imagined it operated 24/7 but it has not worked that way in the past and it was not a simple thing to do but after the gatherings and convenings and the plans of action that we have been working on through the summer have been able to get to this point. now, on its own, it's not enough to solve the problems that we face. we're talking about everything from issues with a shortage of truckers to things that are happening in terms of how inventory moves around the country, but an important step and just one example of the proactive work that we are doing to make sure we ease those bottlenecks and make it easier for goods to move around the country. >> you are often one of the people that this administration taps to sort of communicate across the partisan divide, not that it doesn't tap others, but i'm sure you know this already. this will be weaponized against the president and against the administration, fear will be put into the hearts of every mom and dad, yourself included, as christmas shopping season commences. what sorts of assurances can you give people about delivery times and about goods getting into the country and not having this linger and drag into the holiday shopping season? >> well, what i can tell you is that these steps are going to make an impact. let's be honest. the issues that we have been seeing, creating upward pressure on shipping prices and affecting deliveries, we've been seeing them for a while and we're going to continue to see them for some time. but these steps are going to make a difference. now, let's also remember that our supply chains are private sector and rightly so. the government does not and should not own and operate retail stores or freight trucks or freight rail lines, which is part of why this has been such a challenge to work on, but what we've done is brought together the people who do this work. we had a convening just earlier this week securing commitments from the leaders of walmart, of target, of the home depot as well as fedex and u.p.s. on steps that they can take to get goods moving more efficiently, and i do think those commitments, them stepping up, is going to make a big difference. >> i want to come back to your leave and your time with your family. i know at least for me, having a child changed how i saw my whole career in the past and future in politics and i wonder if you had any epiphanies staring at those little innocent faces. >> yeah. i mean, you know, obviously, a job with a lot of responsibility. i have a great career and one that's been so rewarding, but the moment that you hold your child in your arms for the first time and you see how completely they depend on you, especially as newborns, you very quickly realize that no matter what your career may or may not include, the most important job you have is the job of parent, the job of father in my case, and like so many working parents, i'm thinking about how best to meet that incredibly compelling responsibility while also, of course, the other responsibilities that i have in my day job. but it's -- it just changes everything, and you see the entire world in a new way, and it's a beautiful thing. >> and it will all become about the mute button. you know those mornings you stay home to get a little more family time and try to hit mute before the president hears one of them cry. secretary pete buttigieg, congratulations to you and chasten. thank you for spending time with us and dealing with the attacks and the supply chain. we're grateful. >> thank you. appreciate it. democrats are on an all-out mission to make sure that terry mcauliffe is the next governor of virginia. when we come back, first lady dr. jill biden hits the campaign trail in a race that has major national implications. that story is next. as major national implicatis.on that story is next ♪ darling, i, i can't get enough of your love babe♪ ♪girl, i don't know, i don't know,♪ ♪i don't know why i can't get♪ applebee's. now that's eatin' good in the neighborhood. hearing is important to living life to the fullest. that's why inside every miracle-ear store, you'll find a better life. it all starts with the most innovative technology. like the new miracle-earmini, available exclusively at miracle-ear. so small that no one will see it, but you'll notice the difference. and now, miracle-ear is offering a thirty-day risk-free trial. you can experience better hearing with no obligation. call 1-800-miracle right now and experience a better life. dry eye symptoms driving you crazy? 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(whines) ♪♪ ♪ ohh ohh ♪ at vanguard, you're more than just an investor, you're an owner with access to financial advice, tools and a personalized plan that helps you build a future for those you love. vanguard. become an owner. . we are moments away from seeing first lady dr. jill biden on the campaign trail in virginia as she is set to speak at a rally for governor there terry mcauliffe. she campaigned earlier today for governor mil murphy, marking the first time dr. biden has waded into political waters. her appearanceone of the a-list democrats set to campaign on behalf of the nominees in the governor's races. stacey abrams, along with the president and vice president are set to show up this month to campaign for terry mcauliffe as democrats attempt to stop electing a republican governor whose ascension could bring extreme right wing laws an policies to virginia we've seen in states like texas. joining the conversation, margay, editorial times member. mara gay, first ladies have i say, michelle obama, laura bush, have real political appeal and power on the campaign trail and there is always a point in the presidency when it's even more than their spouses. i don't know that president biden is in this position yet. dr. biden is certainly very popular. >> i think that's right. it's funny, what dr. biden brings that her husband doesn't is all of the kind of glam and feel good of the obama-biden coalition without all of the current frustrating politics that are vexing individual democratic voters. a voter might be apt to blame joe biden or be disappointed in him for some reason right now. you know, lots of reasons, but there's much less likely to do that with dr. biden. so this is such a smart move kind of of that soft political power that really can turn out the vote and that's what the democrats are trying to do here. the projection they're showing is the more people that go out and vote, they can go early in virginia as well, the more that favors the democratic governor. so that's the goal here. it is an increasingly blue state. but they can't rely on that you know their fighting apathy here. that's really the name of the game. virginia actually has more expansive voting laws than a lot of other southern states, because democrats have actually taken control of most political offices in the state so they do actually have that advantage. but this is a ground game. >> yeah, i mean, i wanted to read from this story, mara summed it up, we quoted the headline already, virginia's fatigued electorate out of office and if a bitter standoff and political democrats claiming every political prize, mcauliffe is an increasingly blue state, at the moment they're watched by both parties next year, he is bumping up against a fatigued electorate. let me show you what dr. jill biden will bring to the trail. this is her at the convention. >> across this country, educators, parents, first responders, american of all walks of life are putting their shoulders back, fighting for each other, we haven't given up. we just need leadership worthy of our nation. worthy of you, honest leadership to bring us back together, to recover from this pandemic and prepare for whatever else is next. the burdens we carry are heavy. and we feed someone with strong shoulders. i know that if we entrust this nation to joe, he will do for your family what he did for ours. bring us together and make us whole. carry us forward in our time of need. keep the promise of america for all of us. >> mick, it's amazing that was her at the convention and we are still a country fighting with what this last phase, sort of the ebb at the end of the delta wave. so much of that message is relevant if that's the note she sound on the campaign trail. >> well, look, people in this country and virginia and else are exhausted. people are tired, they have been in political warfare of the highest pitch for four.5 years and underneath this effort by democrats to bring in all the big guns is some desperation and this is a surprisingly close race in virginia from the polls. if mcauliffe loses, it will really rat him some assumptions people had about the treacherys in sun states in the south and virginia, over the suburbs that were so key to delivering the presidency to democrats in november. as to this is a really big deal. it's kind of a test bed to whether some of these debates we are seeing about diversity and trans, pronouns in schools. you see some debates cropping up in louden count yip, fairfax and those suburbs south of d.c. whose turn to blue was a big part of the success for democrats in this state. so we will see if republicans can peel some voters back. not that many, but change those marvins a bit and maybe get a victory for virginia. >> stay on it, we will keep watching it. thank you so much for spending some time with us today. a quick break for us. we'll be right back. who knew it could be this easy? 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"the beat" with ari starts right now. >> i am ari melber. president biding is pushing his party to make a deal while republicans are trying to block the president in ap effort i'm about to show you, this is important, an effort that goes beyond typical opposition politics. it turns more on trying to cast joe biden as some kind of illegitimate leader while the gop advocates for donald trump's return. make the the republican arm nrcc not trying to hide an assume fail the i to trump analysts are labeling the entire gop something of a cult because of things like this. this is brand if you. take a look a. fundraising pitch that tells the party's own republican donors, are you a traitor. you abandoned trump. and warns if they don't do the right thing, they'll be branded a desserter, a part of the loser

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