coup. drafted in the days before january 6th that outlined a step by step plan for vice president mike pence to nullify the electoral votes from up to seven states. it was a secret and likely illegal plot to over throw joe biden's presidency before he was even sworn in. then last week we saw eastman suddenly disavow his em moe. in an interview with the "national review" the architect of the coup memo said having pence reject the notes was not viable and would have been crazy to pursue, however, eastman is under cut his little charade by candidly revealing that he was fully committed to the ideas expressed in his memo. and he says it would have succeeded, too, had it not been for the pesky mike pence. he willingly admits this in a series of undercover videos filmed on saturday by lauren windsor at an event for the claremont institute, the right wing think thank. windsor identified herself as a trump supporter who had taken part in the insurrection and here is what he said in a portion of her video that we've edited down. >> i read your memo and thought it was solid in the single arguments and i was floored that the mike pence didn't do anything. i mean, why didn't he act on it because you gave him the legal reasoning to do that. >> i know. i know. >> all your legal reasoning is totally solid. >> no question. >> just supported a supporter, why do you think mike pence didn't do it? >> because mike pence is an establishment guy at the end of the day. >> in the same conversation, eastman confirmed to windsor and her colleague that it was indeed trump's intention to accompany the mob to the capitol and the only reason he didn't is because the violence had already begun and appears to speak in solidarity with the right wing militia claiming that the fbi set them up. >> what do you think if trump came down on the 6th, it would change things a little bit? >> if he came down? >> yeah, he said he was coming down. >> oh, down to the capitol? i don't know. because the breaking of the windows stuff had already started before his speech was over. if he got down there, then all of that would have been blamed on him. i mean, they're still blaming him but they would have had more basis for him. >> but he had been planning oncoming down, though. >> i know, i know. the whole thing is a setup. the oath keepers and the proud boys had not just kind of wall flowers sitting on the side of the organization but people instigating within the association, fbi plans. these -- it was a setup and unfortunately, our guys walked into the trap. >> so he would have gone down there if it hadn't been for the violence? >> yeah. >> our guys. now in a portion of that video just released minutes ago, eastman attacks the state election officials who upheld the integrity of the vote in 2020. he ominously says they should be taken out by primary challengers who embrace the big lie and they suggest that the big lie should be the platform for republican candidates in 2022 and in 2024. >> if becould have got the decertification, we'd have georgia, wisconsin, pennsylvania, arizona back in january. i met -- i saw giuliani and me met with 300 legislators on january 2nd via zoom conference call and they all spinelessly wouldn't do anything. right? even though we gave them all the evidence, they wouldn't do it. so look, i would -- i very much wish it were otherwise but i just -- these guys are spineless and now, now, if we take a bunch of them out in the primaries in 2022 and the precondition for getting elected is we're going to fight this stuff, then maybe we got an opportunity. >> joining me now is lauren windsor, executive producer of the under current and project exposed. thanks for being here. quick question, were you surprised how open john eastman was in admitting he really did mean when he put it in that memo he intended it to be done given the fact he's denied that to the national review? >> yes, i was very surprised. i expected him to be more shell shocked honestly because of the incoming flak he described himself in one of the first videos we released. >> let's talk about whether or not this was just john eastman sort of reminising about what he tried to do or planning something else. at the end of the video we showed, he talked about the way he hopes elections go in 2022 to put in place, essentially use his playbook. do you think this was planning or reminiscing? >> well, he talks about, you know, doing a lot of work in the states with state legislators and in a separate video we released today with the president of the claremont institute ryan williams he talks about eastman working with legislators on quote unquote election integrity stuff. you know, i very much see this as an on going attempt to subvert future elections. >> let me play that. you mentioned john eastman who is the president of the claremont institute. let's play that clip. >> yeah, i didn't mention it but he's still very involved with a lot of the state legislatures and advising them on the integrity stuff. >> this is the fight, though. what happens in 2024 when, you know, they steal the election again? >> no, a lot of our friends say whatever else, guys, we just need to move on and look forward. john's point is look, unless we get right what happened in 2020, there is no moving on. they will still every substantive election. >> we're playing a portion of the video that you got from john eastman. did he get into any more detail about what john eastman or what the claremont institute might be doing actively in terms of working to implement that plan, to get people who believe in the big lie in place politically for 2022 and 2024? >> well, so that last clip just to clarify is ryan williams but it was a very brief conversation because at that point we had not yet found mr. eastman and so we had longer, had more opportunity to speak with him. you know, i would have tried to delve into that more but we didn't have time to do that. >> thank you very much. very interesting finds there talking to these two men. thank you very much. appreciate it. with me is congressman adam schiff of california. he is on the committee investigaing the january 6th attack. is there any response from his attorneys? >> i can't comment on what engagement we've had with him but i can tell you we're very interested in his testimony. he's obviously at the center of efforts to overturn the election and listening to that audio and watching that video is just shocking particularly after earlier he tried to disappoint his a coup and these are insurrectionists and they're not done. they're out there trying to strip independent elections officials of their day buys or job to overturn the election in the future and this is how democracies come to an end when the very tools of democracy are used to hurt democracy itself. >> what do you make of the fact that you have the claremont institute putting the backing behind the big lie, somebody like john eastman who as you said tried to disavow this memo and he's equally committed to it and they're using fake outrage over supposed critical race theory that isn't and ginning up real racial discord among to be blunt white americans to make this all happen. it starts to feel like it's all of a piece. i wonder if it does to you. >> it absolutely feels like it's all of a piece. we had an open hearing today with the leaders of the intelligence community on diversity, equity and inclusion in the intelligence community and i don't know that we had more than a single question from a gop side of the aisle about any of the subject of the hearing. and indeed, there was resentment we were having a hearing on this. it was a distraction from the aims of the intelligence community rather than something that's important to strengthening the community. seeing the claremont institute and these institutes giving some kind of intel leblgt l cover to what is just a scandalous effort, the republican party and infrastructure like that institute are now an anti truth, anti democratic cult of a former president and who would have imagined such a thing could happen in this country. >> let me let you listen to merrick garland. this is on the investigation of the money behind the january 6th rally. take a listen, please. >> i'm very limited as to what i can say. >> i understand that. >> i have a criminal investigation going forward. >> please tell me it has not been constrained only to people in the capitol. >> the investigation is being conducted by the prosecutors and the u.s. attorney's office and by the fbi field office. we have not constrained them in any way. >> great. and the old doctrine of follow the money, which is well established principle of prosecution -- >> fair -- >> alive and well? >> fair to say all investigative techniques of which you're familiar and some maybe that you're not familiar with because they post date your time are all being pursued in this manner. >> even some skepticism they are on a slow rolling coup is not over, do you have more of less confidence? >> they are going after those who organized or participated on those in the capitol. i'm concerned that i don't see any action and maybe they're just doing a really good job of keeping it confidential but concerning the former president's efforts to overturn the election in georgia and perhaps elsewhere, the fact that he's on tape trying to get the secretary of state of georgia to find 11,780 votes that don't exist, you know, i think if you subvert or fraud people, they would be under investigation about an indictment by now. i'm concerned about that. >> yeah. and another concern here if you put together what the claremont institute is doing pushing people, particularly white republicans to say the election was invalidated by the votes in particularly brown and black communities, they feel those votes were fraudulent, you add that to the same organization the claremont institute is doing around the fake version of critical race theory and gin up racial animosity and charlie kirk had an event for his group turning point usa, another protrump organization and i want you to listen to one person said at that event and this was in idaho. >> this is tyranny. when do we get to use the guns? no, and i'm not -- that's not a joke. i'm not saying it like that. i mean, literally, where is the line? how many elections are they going to steal before we kill these people -- >> so, no, hold on. stop. hold on. now i'm going to denounce that and tell you why because you're playing into their plans and they're trying to make you do this. >> people like charlie kirk have, you know, clearly lost control of the mob that they've helped to create to the point now that when you -- there's a poll. political poll. 60% of republicans now, 60% of republicans believe the 2020 election results should be overturned. and you have people openly talking about violence in order to ensure that they maintain control of this country regardless of election results. what is your alarm level at this point, one to ten because it feels like we're getting close to ten. >> i think it's at a ten there is a sustained effort before the election, during the election and after the election to this day to discredit the whole idea that we can still rely on elections to decide who should govern and if you pull that pillar of our democracy out, it comes crumbling down and what is left other than violence? if you don't trust the ballot box, resolve differences, what is left but violence? it's what led to january 6th and what may lead to further violence and joy, i think you're absolutely right about the subtext here. if republicans lose elections, it's because of people who are black and brown and don't look like white america and therefore it inherently invalid and illegitimate because i think the subtext is they feel that minorities should not be participating if they're going to be decisive in an election and, you know, i think when you look at those who attack the capitol that day with their confederate flags and t-shirts, there is no separating this insurrection from the motivation behind it. >> it is frightening. congressman adam schiff, thank you very much. appreciate you being here tonight to sort this out. appreciate it. thank you. >> thank you. cheers. up next on "the reidout" president biden's build back better legislation is shrinking again and the idea of a billionaire's tax to pay for it hurt joe mansion's feelings. also, terry mcauliffe joins me on a big test for the democrats, a very close election for virginia governor next tuesday. plus, the criminal trial of kyle rittenhouse, he's accused of killing two protesters in kenosha, wisconsin and the judge is stacking the deck in favor of the killer it seems. you won't want to miss tonight's absolute worst. 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-easy? switch your xfinity services to your new address online in about a minute. that was easy. i know, right? and even save with special offers just for movers. really? yep! so while you handle that, you can keep your internet and all those shows you love, and save money while you're at it with special offers just for movers at xfinity.com/moving. ever wonder how san francisco became the greenest big city in america? 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. there is breaking news on the seemingly never ending negotiations over the build back better. democrats have been back and forth with joe mansion on a number of sticking points including medicaid expansion, medicare vouchers and climate change and chunk schumer said today they're within arms length of an agreement. late this afternoon they seem to have lost a major part of the bill paid family leave. while the bill isn't fully written so nothing is technically out a source tells nbc mansion was firmly opposed to the provision. here he is today. >> are you still talking to senator gill la brand? >> when you have trust funds that aren't solvent, i can't explain that. it doesn't make sense. i want to work with everyone if we can pay for things. >> on top of this, there are still a few issues with how to pay for the bill. the other holdout senator '80s armless jeans jacket enthusiasts kyrsten sinema surprised everyone supporting the corporate minimum tax yesterday that democrats likely plan to use alongside the billionaire tax to pay for the bill but now mansion seems skeptical of that tax because it targets billionaires. >> i'm supporting basically that we do -- everyone should pay their fair share and i try to think of it, i don't like it -- i don't like the communation we're targeting different people. people contributed to society and created a lot of jobs and invested a lot of money to pursuits. >> you know, when he says insolvent like that, he sounds like republicans when they want to cut social programs, which is weird, right? supposedly he's a democrat. and let's just be clear and fact check joe mansion, social security is funded by current payroll taxes and last i checked the economy is still functions. it not insolvent. republicans aren't satisfied with watching mansion and sinema dwindle back down to shavings. they are going down to what is left in the bill. here is glen on universal prek and child care. >> i don't like the idea of the government taking care of 3 or 4-year-olds. right now there are still many stay at home parents and not only that, when parents don't stay at home kids stay with grandparents or other relatives. they want to install the government values in those children. >> what is it 1948? joining me now is congressman ro khanna of california. deputy whip for the house progressive caucus. i have to be honest, congressman, this is why so many americans don't believe government works. >> i don't know -- >> huh? >> sorry to interrupt. go ahead. i don't know where you find these clips. >> in 1950 apparently. i think we found them in 1950 and played them in 2021. why don't you just have -- why don't the women just stay home and stop working outside the home? that would solve it. so here is my challenge for the democrats. they over promised and are now going to seriously under deliver. there is back and forth. there are people like christian gillibrand saying no, no, no. mansion said nope, nope, nope, this isn't the place to do it. i'm looking at stuff they do in other countries, blah, blah, blah. it looks dead. now what you have is democrats promised something big. $3.5 trillion. all sorts of really important social spending in it. they still, for now, got universal prek until joe mansion decides that's not good and a child tax credit that's one year, meaning it does no good after 36 five days. daycare funding bell grants and a few other things, elder care because the elder, we have to take care of seniors. expanded medicare coverage is out, free college is out, free tax and corporations hikes are out. what's the point at this point? >> joy, first of all, i agree there is a disappointment in things that may be out but we have to see what is in. universal preschool would be a huge deal. only 4% in of people in this country are home schooled and disproportionately white, 68% and costs about $2,000 to home school your kid. not everyone can afford that. if we can get every american starting out in universal preschool like in france, every 3-year-old goes to preschool and you see in france you have an equal starting point by the time you get to first grade would be transformational. that's a significant policy that's in there. the child care and having that in there will make a difference for many families. the fact we'll have over $500 billion of climate investment will make a difference in this kind of thing. senator murray is talking, i know she just talked to senator mansion. am i disappointed on things out? yes. if you look at what is in, an investment in the education and health of this country, i think it's making progress. >> what are the climate provisions specifically? the key one is out. >> well, there are massive investments in solar, in wind, in the production tax credit, in the investment tax credit to build renewable energy in this country and we're looking at alternatives like state block grants and perhaps industry standards on putting penalties on pollution. so my understanding is that the $150 billion that was taken out by the clean electricity program, which i grant was the best course, that has been repurposed, other avenues that will have a dramatic impact on climate. so it's still a bill that would move the ball forward. >> and how long until joe mansion takes those out because he is devoted personally, i mean it, his family fortune comes from coal. he's the biggest defender of oil and coal companies in the congress, period. he is going to fight for his family's economic longevity. he ain't going to let none of that go through. kyrsten sinema appears only interested in protecting the wealthy and big pharma. you have two -- i don't know if they're democrats at this point. they won't allow any transformational change in that bill, it's not going to happen. >> i don't understand the problem they have with raising taxes on billionaires or the wealthy. many are in my district, silicon valley entrepreneurs and i admire their creativity and hard work. they created thousands of jobs. they made a disproportionate amount of wealth and a lot of people have been left out of that wealth generation. they can afford the tax. many are raising their hand saying we're open to paying this tax because we understand communities have been left out. we need to invest in education. we need to invest in health care. the congressman for the district is saying tax us, why is the rest of the country not saying let's tax them so other people have a shot? it's mind boggling to me. the other point i would say is that the president has been very patient. i mean, i have -- he wasn't my choice in the primary. he wasn't my second choice in the primary but he sat with lawmakers for hours and pleading to come to some consensus to show democracy can work and that's why despite my frustrations, i think well get a deal. >> perhaps pleading too much. at a certain point, do you think the negotiating in public has just been purely damaging to the party's prospect next year? our ali vitali speak with senator rick scott of florida, the guy whose company had a giant medicaid and tricare and medicare heads up the nsc. he says he sees sinema's role as helpful to republicans to take out the other senator from california, to take out mark kelly. she's being used to take out the other senator from her state. that's where we're at. >> wish -- >> go on. >> that's wishful thinking. kelly is popular and shows frankly what senator sinema should have been doing, get age. you can have your suggestions and point of view but at the end of the day you need a quarterback and leader and you have to have times we follow that leader. we elected president biden to a democratic process through a nomination process. he's the only one who beat donald trump. he's likely the only one who may have to beat donald trump again and at some point, we have to ask as a party, are we going to come together? do we understand the threat donald trump poses and the threat of him coming back? do we understand what's on the line? this isn't about egos or us as individuals. let's get behind this president and get something done and tell the american people what we're doing for them. >> i'm not sure that sinema and mansion agree with that. i'm not sure what they're for. i don't think it's for that. congressman ro khanna, we shall see. thank you. up next, it's a mess, down to the wire early voting is underway in the hotly contested race for governor in virginia. terry mcauliffe joins me to talk about the race and how education in schools have become a central issue for him and his opponent. we'll be right back. d his oppont we'll be right back. >> tech: when you get a chip in your windshield... trust safelite. this couple was headed to the farmers market... when they got a chip. they drove to safelite for a same-day repair. and with their insurance, it was no cost to them. >> woman: really? >> tech: that's service the way you need it. >> singers: ♪ safelite repair, safelite replace. ♪ our retirement plan with voya, keeps us moving forward. hey, kevin! hey, guys! they have customized solutions to help our family's special needs... hey, graduation selfie! well done! and voya stays by our side, keeping us on track for retirement... ...giving us confidence in our future... ...and in kevin's. you ready for your first day on the job? 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[inflammation] i prefer you didn't! xiidra. not today, dry eye. ♪ 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. do i need to pretreat my laundry? nope! with tide pods, you don't need to worry. applebee's. the pre-treaters are built in. tide pods dissolve even when the water is freezing. nice! if it's got to be clean, it's got to be tide. early voting is in full swing in the hotly contested virginia governor's race between republican glenn youngkin and democratic governor terry mcauliffe. the bogeyman plays a critical role as youngkin vows to protect the youth from critical race theory not taught in schools. the dire threat of toni morrison books or anything factual about history that involves white people from the past not being awesome to win back the suburban vote to win elections. one of the fake crt battle grounds is in louden county, the richest county in virginia where our friend and colleague alex wagner from show time's "the circus" interviewed an activist fighting the inclusion curriculum. >> in louden county this is the wealthiest country in the country. there is not a lot of racism. do you think it's more on the color of their skin or actions? how they're dressed, how they perceive, how they respect others. if you have a kid that is pulled over by a cop, does it really matter what color they are or the respect they give to that police officer? >> so glenn youngkin is your guy. >> he doesn't want to push this racism narrative. he wants to give kids a good education. >> education has become the flash point across the country. >> you know why? >> you got to tell me. >> you don't mess with our kids. >> joining me now, is terry mcauliffe, democratic candidate for governor of virginia. sorry, i just want to let you -- >> hard to watch. >> it's a lot. this game is being played across the country where republican activists backed by some pretty big foundations are pushing this idea that teaching about history, american history if it doesn't completely absolve white people from the distant past of anything bad, if it doesn't portray them as nothing but heroic, it's harming children. and that sounds bananas except that now youngkin is almost died with you in the polls. it's working with virginians. are you worried white grievance politics is going to be hard for you to overcome? >> joy, we're going to win this race. we're already ahead and 800,000 people have voted. we're shattering records. people are waking up to say my goodness and as you mentioned correctly, we don't teach critical race theory. it's never been taught in virginia. this is a made up racist dog whistle that really glenn youngkin used from day one and sickens me. what he's doing is getting parents fighting parents, and parents fighting teachers and he's using our children as political pawns in a campaign. when i was governor i put a record investment and a big plan to take virginia to the next level on education. his plan literally 43,000 teachers would be cut. so he can't talk about real issues, the nuts and bolts of education because the plan is horrible. three independent studies say teachers would be cut. he wants to bring the trump bet devoss model. think what he did two days ago. the closing ad for his campaign not health care, not education, not job creation like mine are, his is about banning books written by an african-american author than a noble prize winner. think about that, ban a woman, toni morrison with a book that's a true story, that's his closing ad. he opened his campaign for eight months all he had, joy, was election integrity. that's the only thing he had on his website. he's a trumper and been endorsed seven times. trump said he's coming into virginia. hall hallelujah, let's get him in here. it's a dog whistle after dog whistle. i try to unite people. i was a successful governor. i tried to bring people together. i got a couple dozen republicans who have endorsed me. why? i bring people together. i'm a uniter, glenn youngkin is a divider. he said last week he's not for gay marriage. really in 2021 he said humans are not responsible for climate change. really? this is what we're dealing with. >> so, you know, you said hooray, you know, hallelujah, trump is coming in but one thing he does do is, you know, gin up enthusiasm among his base. do you have an equivalent enthusiasm among your base because are black virginians, brown virginians, americans, your base as enthusiastic about finally creating an andrew jackson is the greatest hero of all time curriculum in schools? you know, are they as enthusiastic? >> they are. >> how do you know that? >> 800,000 -- well, 800,000 people have already early voted. we are shattering every record in virginia history. this will be the biggest turnout. young people don't want a governor against gay marriage. i was very proud i'm the first governor to perform a gay marriage after the supreme court ruling. i kept my 16 women's clinics open and received awards from planned parenthood. we don't want a governor that will ban abortions, against gay marriage and doesn't believe humans contribute to climate change. that's the issue. our folks are really fired up but also, as you know, joy, i restored for voting rights than any governor in american history. i got sued by the supreme court but there is 277,000 people can vote in virginia that could not vote eight years ago. people remember what i did as a governor leaning in, lifting everybody up, giving people second chances, righting the wrongs of the past. glenn youngkin gets tossed out of the private equity firm and decides to run for governor. running for governor is not a consolation prize. he knows nothing about the state government. he's got all the people working for him. he recites and said the other day we should audit virginia's voting machines. he's dangerous. it's dangerous for virginia. we've made great progress. personal income went up 14%. i can tell you none of the companies will stay in a state or be recruited to a state with someone like glenn youngkin that discriminates against women and gays. >> we shall see. this all comes to a head on saturday. we'll keep an eye on it. >> cheers. tonight's absolute worst is still ahead but up next, welcome to america where a judge can officially label the men shot by kyle rittenhouse as rioters and looters but definitely not victims. the right's fascination with right wingers that choose violence. after the break. t wingers that violence after the break. we are go for launch. um, she's eating the rocket. ♪♪ lunchables! built to be eaten. ♪ i like it, i love it, i want some more of it♪ ♪i try so hard, i can't rise above it♪ ♪don't know what it is 'bout that little gal's lovin'♪ ♪but i like it, i love it♪ applebee's. now that's eatin' good in the neighborhood. what makes new salonpas arthritis gel so good for arthritis pain? 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[coins clinking in jar] ♪ you can get it if you really want it, by jimmy cliff ♪ [suitcase closing] [gusts of wind] [ding] ♪ i see trees of green ♪ ♪ red roses too ♪ ♪ i see them bloom for me and you ♪ (music) ♪ so i think to myself ♪ ♪ oh what a wonderful world ♪ on the night of august 25th, 2020 in wisconsin amid the unrest caused by the police shooting of jacob blake, teenage vigilante kyle rittenhouse a 17-year-old armed with an ar-15 shot and killed joseph rose rosenbaum and rittenhouse who lives in illinois, not wisconsin and a trump devotee got a ride from his mom after a local militia put out a public call to arms on the facebook page. he was arrested two days later and charged with multiple felony counts including homicide, attempted homicide and being a minor in possession of a firearm. six days after the shooting, trump himself who i will remind you at the time was the president of the united states, defended rittenhouse suggesting the shooter was acting in self-defense and almost immediately rittenhouse became a celeb for the maga cult. a legal defense fund brought in millions of dollars in donations including from a former child actor that paid his $2 million bail. while out on bail, rittenhouse was captured on video at a wisconsin bar wearing a t-shirt that read free as f and flashing the white power sign with a bunch of giddy white nationalists as one does. so naturally, he finds himself in front of a judge with sympathetic ear. that judge refused to issue a warrant for his arrest and decided the three men rittenhouse shoot can be looters, rioters and arsonists but should not be called victims because he said it a loaded word. elie of the nation is probably right when he says i hope everyone is prepared for kyle rittenhouse to go free. with me now is will bunch, national opinion columnest and paul butler, paul, i'll start with you because at this point, it appears that the debt is stacked in favor of kyle rittenhouse because that judge seems to be very much on his side. do you expect kyle rittenhouse at this point to go free? >> you know, i think this is a very difficult case for the prosecution and the judge is not making it easier. it's unusual but some judges in self-defense cases have concerns that people being described as victims because they think that might prejudice the jury. what's different in rittenhouse's case is the judge's double standard. the same men who cannot be called victims can be called looters and riots and arsonists when they never have been charged with those crimes and when the two people who rittenhouse killed will never have a chance to defend themselves. joy, the judge went so far as to say the defense attorneys can demonize the three men who rittenhouse killed if they think that will score points with the jury. >> you know, will bunch, i asked for you tonight because i saw your thread, i think a lot of people saw your epic thread. you wrote about some of the history of this judge, judge schroder. he did everything but say when the looting starts, the shooting starts at this point. talk a little bit about this judge. >> yeah, joy, judge schroder is a classic example of the kind of law and order judge that came out in the '80s and a really tough judge. there was an amazing story in the early 2000s where there was a huge backlog of cases because so many defendants requested not to have this judge, that it died up the entire legal system and there was good reason for that. he's only major high profile case was overturned by the state court of appeals. there was a case very recently just within the last year or two involving retail theft in which he was accused by an appeals court of public shaming the person who was found guilty in the case because his order said if she were to go into a store again, she would have to identify herself to the management as somebody who has been convicted previously of retail theft. even back in the '80s, he was making headlines for requiring sex workers to get aids test. he's an impulsive headline grabbing judge and this is a case the entire nation is watching this case. we're all on edge about an increasingly violent society. the number of violent threats from the right wing from school boards to election officials, you know, we just had an event last night with charlie kirk wheresaid, quote, when do we get to use the guns, right? and this is by all on the right. i think people are looking to this kyle rittenhouse case to see what are the limits on political violence in this country. and the omens are not good at all. >> this is a bit of a montage of fox news supporting kyle rittenhouse. here it is. >> how shocked are we that 17-year-olds with rifles decided they had to maintain order when no one else would? >> kyle richardson -- rittenhouse has been villainized here and he's been demonized. and i think it should be just the opposite. >> this kid was out there trying to help people. were people killed? absolutely. but again, we don't know yet. you've got a little boy out there trying to protect his community. >> paul butler, does the prosecution here have any recourse to ask for a new judge if they feel this judge is biased when they're questioning and voir diring to get a jury? anybody who listens to fox news is probably a fan of kyle rittenhouse. how do they make sure this doesn't wind up being a jury that aapproximates the emmitt till jury? >> the defense has the difficult job of finding jurors and the prosecutor wants jurors that will be unbiased but that will be difficult with this judge. joy, a not guilty verdict would be a call to arms for anyone who wants to police a black lives matter march. if rittenhouse is found not guilty, the message is that badges are no longer required for self-appointed law enforcement officers at black lives matter protests. and if a 17-year-old kid who shot three people with a gun he's not even supposed to have can get away with this, then anybody can who wants to attack a protest. well, at least anybody white. >> george zimmerman, ashli babbitt, kyle rittenhouse. the idea of shooting at a black person or of defending somebody who is violently attacking the capitol to overturn an election in which black people got their way in terms of the person they voted for won and now somebody who shot two white black lives matter protesters much like the charlottesville situation, it feels like the danger here is that the right is sort of encoding this idea, as paul just said, that they want to have a legal bubble around the idea that you can commit violence to get your way in a very white nationalist way. >> right. i mean there's two concerns. one as you mentioned is just a legal concern of establishing this legal precedent that will really encourage other vigilantes going forward if kyle rittenhouse is found not guilty. and the other thing which is just as important, maybe even more so which you just alluded to, this whole myth-making machine on the right of heroes, martyrs. a couple of things recently, we had trump himself videotaped his tribute to ashli babbitt. you just mentioned somebody who was involved in an insurrection at the u.s. capitol and was about to breach the senate chamber and was, you know, shot, which was tragic. but here we have trump, the leader, making her into a martyr. we had the incident in virginia from that flag from the january 6 insurrection. much as the nazis had the blood flag, we're seeing that and it's really alarming to think of kyle rittenhouse heading to that territory. >> i wish we had more time. tonight's absolute worst is next. we'll be right back. lute worst next we'll be right back. ♪ 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. bogeys on your six, limu. applebee's. they need customized car insurance from liberty mutual so they only pay for what they need. woooooooooooooo... we are not getting you a helicopter. only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪ i've got moderate to severe plaque psoriasis. now, there's skyrizi. 3 out of 4 people achieved 90% clearer skin at 4 months, after just 2 doses. skyrizi may increase your risk of infections and lower your ability to fight them. before treatment, your doctor should check you for infections and tuberculosis. tell your doctor if you have an infection or symptoms such as fever, sweats, chills, muscle aches, or coughs or if you plan to or recently received a vaccine. ♪nothing is everything♪ talk to your dermatologist about skyrizi. learn how abbvie could help you save. wondering what actually goes into your multi-vitamin. talk at new chapter.logist about skyrizi. its innovation organic ingredients and fermentation. fermentation? yes, formulated to help your body really truly absorb the natural goodness. new chapter. wellness well done. ♪ i like it, i love it, i want some more of it♪ ♪i try so hard, i can't rise above it♪ ♪don't know what it is 'bout that little gal's lovin'♪ ♪but i like it, i love it♪ applebee's. now that's eatin' good in the neighborhood. the newly leaked facebook documents are providing even more evidence of how the social media giant has allowed hate speech and right-wing misinformation to thrive. especially in the aftermath of george floyd's murder last summer when the disgraced former president posted when the looting starts, the shooting starts. the associated press reports that facebook knew it escalated situations and its internal analysis found that after that post, violence reports increased fivefold and complaints of hate speech tripled. facebook left it up. ceo mark zuckerberg said it didn't violate policy, and facebook should enable as much expression as possible. but facebook's own internal controls were 90% certain it did violate platform policy on violence and incitement. "the wall street journal" notes facebook was coddling right-wing news site breitbart around the same time by placing it on its news tab feature. an employee wrote on a message board its headlines were emblem act of a concerted effort at breitbart and hyperpartisan sources, none of which belong in news tab, to paint black americans and black-led movements in a very negative way. the second facebook whistleblower told "the washington post" last week that a top policy official once defended a white list exempting breitbart from rules prohibiting false news reports saying, quote, do you want to start a fight with steve bannon? the official denied the existence of the list. all of this is confirming what we already knew. facebook can be great, but it has also become a cesspool of conspiracy theories, anti-vax information, qanon. mark zuckerberg slammed the documents as trying to paint a false picture of the company. zuckerberg routinely chose growth over safety, personally agreeing to comply with vietnam's demand to censor dissident posts to remain active in its market. this week he said the platform plans to retool and focus on a younger audience going forward. after all, it's already radicalized enough grandmas. he is either myopically opposed to or is so singularly focused on growth and profit he decides to do nothing at all. that's tonight's absolute worst. "all in with chris hayes" starts now. tonight on "all in," the creeping embrace of violence on the right. >> think about what our declaration of independence says. it says to overthrow tyrants. >> tonight, at what point does the second amendment become a threat to the first amendment. >> at this point, we're living under corporate and medical fascism. this is tyranny. when do we get to use the guns? >> then, new undercover video of trump's coup lawyer explaining