hope for. that's going to do it for us tonight. now it's time for "the last word." >> thank you. i've been sitting here thinking what a difference a year makes and then what about those things where a year doesn't make that much difference. which we're living with tonight also. >> yeah. exactly. both in terms of -- both in terms of covid-19 and also in terms of our politics. the revelations of the last 24 or 48 hours on january 6th have been mind blowing. >> yeah. and they are those -- that kind of revelation that confirms what we kind of assumed. as we were watching the day unfold, it would make sense, of course, that all those republican friends of mark meadows and donald trump would be texting mark meadows and saying, save us. what's happening here? and so it's fascinating to get the detail. but does it feel like one of those things that where we could have as drama writers filled in the blanks. >> right. i think the thing that we couldn't have known was that we would get to see all this material. right? >> yes. >> it's one thing to know that mark meadows is texting with the rally organizer and the rally organizer says to him, we need direction from you. it's getting out of hand. thus confirming that the rally -- the people organizing the rally which turned into the violence were taking their direction from the white house. and we think we thought that white house was directing this thing. but actually seeing it in black and white, seeing members of the conservative media saying trum health care plan nothing to do with this on the day of saying trump needs to stop this because they absolutely knew he was responsible in the moment. i just never thought we would see this stuff and here it s. >> i think we by now have the behavioral guarantee that stupid people will put everything in writing. and so you will eventually, you will eventually get to see these things. >> if it was ever written down or typed out, it will come back. that's exactly right. >> yes, it will. thank you. several deeply reported books have documented donald trump's rage. we have had angry presidents before. but we have never had a rage like donald trump. we can only imagine how high his rage is peaking to now after a federal judge who he appointed dismissed donald trump's frivolous lawsuit to block the treasury from handing over donald trump's tax returns to the chairman of the house ways and means committee richard neil. donald trump's rage at the judge he appointed. and who he probably believed he owned is accompanied tonight by his rage at the news that his long time accountant at the accounting firm, donald's vendor, has been granted immunity to testify to the grand jury in manhattan investigating donald trump's businesses. "washington post" says that mr. bender, "could serve as a human road map." through trump's tax returns. and all of that rage comes on top of the more than 24 hours of rage donald trump has been experiencing about his last white house chief of staff mark meadows' texts revealing that fox hosts and congressional republicans were all trying to tell him what to do. when the capitol was being attacked on january 6th. because they were all as their texts show, absolutely certain that the most ignorant and incompetent president in history was sitting in the white house with absolutely no idea what to do. that's what their texts show about what they thought about donald trump on january 6th. and how livid is donald trump tonight about the public revelation that the cowardly donald trump jr. on january 6th finally said what donald trump jr. may have been trying to say for his whole life. because he is donald trump jr., he was not allowed to say it to his father. he was allowed to say it to a guy working for his father. mark meadows. he has to lead now. that's what donald trump jr. told mark meadows about his father when the capitol was being attacked. he has to lead now. that is a cry from the deepest part of donald trump jr.'s shallow heart, the hopeless cry from a cowardly son to a cowardly father who has never known how to lead. donald trump has never known how to lead anyone, not his children, not his company which is now under criminal investigation and certainly not his country. if donald trump were still allowed to use twitter, he would no doubt be filling twitter tonight with hateful nickname for the federal judge trevor mcfadden in the district court in washington, d.c., who dismissed donald trump's lawsuit trying to prevent the treasury from following the law and giving his tax returns to house ways and means chairman rich o'neal. the judge said that donald trump "is wrong on the law. a long line of supreme court cases requires great deaf rens to facially valid congressional inquires even the special sow list tud accorded former presidents does not alter the outcome. the court will therefore dismiss this case." judge mcfadden began his opinion at the beginning. the beginning of taxation. congress first levied an income tax 1862 at the height of civil war in are that law the public could access and inspect any tax return. judge mcfadden reviewed the special law that allows only the chairman of the house ways and means committee and the chairman of the senate finance committee to request copies of any tax return from the irs. donald trump tried to have the law found unconstitutional on its face. a claim judge mcfadden dismissed. donald trump falsely claimed that chairman neil was abusing his power just so he could make donald trump's tax returns public n the final line of judge mcfadden's 45-page decision, he said, "it might not be right or wise to publish the rushes. but it is the chairman's right to do so. congress has granted him this extraordinary power, and courts are loathe to second-guess congressional motives or duly enacted statutes. the court will not do so here and thus must dismiss this case." chairman neil and his staff will not be able to enlist the help hf donald trump's accountants to provide a road map through his tax returns since his account ant is already doing that under oath with immunity to a grand jury in manhattan. donald bender recently testified to that grand jury and prosecutors interviewed rosemary a former managing director at deutsche bank that oversaw hundreds of millions of dollars in loans to donald trump. "the washington post" reports "the appearances by bender suggest prosecutors are seeking information about trump's finances from a small circle of outside partners who handled details of trump's taxes and real estate deals, bender and vrablic were never trump employees but think knew more about this dmp's inner workings than many employees did" donald bender has been forced to testify in the past about donald trump's tax returns including in donald trump's frivolous lawsuit against our first guest tonight, tim o'brien who donald trump sued for libel when tim o'brien reported in his book that donald trump's -- that donald trump had lied about his wealth. tim o'brien won that lawsuit. joining us now are tim o'brien, senior columnist for bloomberg opinion. tim, i want to begin with you tonight on this development today about who we now know is who is talking to the grand jury. this is the accountant bender under oath with immunity to the grand jury in manhattan, the same accountant under oath in your case. >> that's right. we deposed him. we wanted to know what he knew personally about the guidance he received from donald trump and the donald trump organization in preparing donald trump's financial statements and tax returns. donald trump routinely floated this statement of financial condition or sofc he would give sometimes give a reporters. he didn't actually provide it to me until we litigated. but even his own accountants would say we can't sign this off because it couldn't comport with general accounting principles. in other words, we're holding our noses and looking the other way. and bender was the lead representative for trump's accounting firm. he worked directly with allen and trump preparing a number of financial documents that trump used to get loans and report his own taxes. and i think the really important thing here is the manhattan da is pursuing criminal charges against trump. they need to prove intent. there is more in bender's possession possibly and definitely in his knowledge about whether or not trump directed him to do things. that go beyond just the financial documents themselves. if bender is a material witness who can show that donald trump was told he might be breaking the law and went ahead and did it -- and went ahead and did it anyway and directed them to do that if they wanted to keep their jobs that, is an important moment in this whole case. >> this is the district court level. donald trump can appeal it, surely will appeal it. it's a federal judge, a trump appointee, who is crushing every single argument made by donald trump and his lawyers. >> absolutely lawrence, trump is getting used to that. he loses every case he is brought. that is what happened in december and january. but now all the tax return cases which he lost already unanimously at the supreme court before teen day's decision i think is really important. it's a trump appointed judge. a former trump doj official who says basically trump, read the law. the law is really clear. congress can get these tax returns. and laws really clear in the supreme court that we don't accept someone even former president's innuendo for the motivation for the house of representatives and trying to get this information. it's an important win for the house. in another way, it's unremarkable. trump continues to insist that law must silence opponents and hide misdeeds and he continues to lows. it seems the courts have had enough of him. that's what the decision today is about. it comes as a bad time, it's not just the text that's have come out from fox news hosts that are saying, are saying stop this on january 6th which are incredibly powerful and compelling. it's pretty hard, i think, to argue that the horror of january 6th was a liberal dilution when you're on record as the fox news hosts are, texting pleas to the president saying, please make it stop. don jr. is sounding like, i don't know, roman or succession or something. some sort of cry for help. to just plea and say make it stop. and, boy, i mean, these two things together, you know, really signal, you know, just what hot water donald trump is in now. truchl gets this african a judge he appointed saying, not only do you have to follow this extremely clear law which has never been questioned in the past. that your tax returns do have to be handed over to the chair of the ways and means committee. but on the final page, it also says, he can basically do whatever he wants with them. including make them public. >> and donald trump's going out of his mind because he assumes that every judge he appoints is in his pocket. donald trump rolls like an old 19 nl century ward boss or a mobster. he thinks all of the people owe him. and he got them jobs and therefore they have to defer to him. he thinks the same way about the supreme court by the way. and i think he can come in for a very rude shock. after they appeal these last two rulings on the tax returns and they go to the court and the court afirms lower courts rulings. he is so thuggish that he is routinely surprised that members of the bar and members of the court don't do his bidding. and the common thread linking the ruling last thursday from the d.c. circuit saying that january 6th committee was allowed to get his tax returns, and the ruling today saying that house ways and means can get the tax returns. the congress has a long standing and valid right to check the presidency, to scrutinize the presidency and to police it for abuses. and that what they're doing right now in seeking the returns are well within their powers and serve a good public purpose. in both rulings, they also envoeked not only precedent but history. and i think there is dhsh is waying on the judges. the that we're at this press hiss right now. and all we have is the rule of law and institutions to guard us from the abyss. >> thank you both very much for starting us off tonight. really appreciate it. >> thank you. >> coming up, what republicans were texting mark meadows during the attack on the capitol. jason crow was thinking about what weapon he might be able to use to protect his colleagues if the attackers entered the house chamber. jason crow will join us next. e chamber. jason crow will join us next (vo) subaru and our retailers believe in giving back. that's why, in difficult times, we provided one hundred and fifty million meals to feeding america. and now through the subaru share the love event, we're helping even more. by the end of this year, subaru will have donated over two hundred and twenty five million dollars to charity. this is what it means to be more than a car company. this is what it means to be subaru. age before beauty? why not both? visibly diminish wrinkled skin in... crepe corrector lotion... only from gold bond. ♪ i see trees of green ♪ ♪ red roses too ♪ ♪ i see them bloom ♪ ♪ for me and you ♪ ♪ and i think to myself ♪ ♪ what a wonderful world ♪ a rich life is about more than just 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matters central to our investigation. we have questions about those communications. we will pursue those questions. and we won't let the facts be buried by a cover-up. >> the vice chair of the committee liz cheney outlined possible crimes committed by donald trump. >> mr. meadows' testimony will bear on another fundamental question before this committee. and that is whether donald j. trump through action or inaction corruptly sought to obstruct or impede congress' official proceeding to count electoral votes. this committee is entitled to mr. meadows' testimony and it will inform our legislative judgements. >> congresswoman cheney revealed more of the texts from if republican members of congress sent to mark meadows during the attack on the capitol. >> here are a few others. from republican members. quote, it is really bad up here on the hill. and another one, the president needs to stop this asap. another one, fix this now. but we know hours passed with no action by the president to defend the congress of the united states from an assault while we were trying to count electoral votes. >> that was at the rules committee meeting this morning. republicans were sending those texts to donald trump and donald trump was doing nothing, our next guest, highly trained former army ranger and combat veteran was protecting and reassuring his colleagues in the house chamber and planning to use his penaz a weapon if the attackers made it into the house chamber. joining us now is democratic congressman jason crow of colorado. he is a member of the house arms services committee. thank you very much for joining us tonight. i know the vote on the meadows contempt is coming up on the floor very soon. we appreciate your time. thank you for joining us right now. what have you been feeling as you have been reading those texts that were sent to mark meadows by your republican colleagues while you were on the floor there trying to think about how to protect the lives of your colleagues? >> thanks for having me, lawrence. i've been angry. frankly, i hope america is angry too. as there was a mob descending on the capitol attacking the representatives, attacking capitol police, attacking the staff and journalists, brutally beating capitol police. but undermining their vote. actually trying to overturn the votes of the american people and the other end of the mall and with utter disregard for mark meadows and others. people ignoring pleas for help. people should be really upset about. that people should be angry. if they're not, they're not paying attention in the way that they should be. >> let's listen to what chairman thompson said today about who the republican members are who were sending those texts. their names have not yet been revealed. he didn't reveal them. but this is what he said. >> there won't be any surprise who's they are. they've been very public with the defense of what happened on january 6th. and obviously, it was their believe that election was stolen. >> congressman crow, onest themes that is clear in these texts to mark meadows is that the people sending them believed that donald trump could control the attackers of the capitol and that they would follow his orders to stop what they were doing. they also seem to believe that trump left to his own devices would do absolutely nothing. >> yeah. i think that's right. think about it this way, lawrence. after 9/11, the u.s. capitol was under attack. the pentagon was attacked. the twin towers were attacked. there was a mass evacuation of the federal leadership from washington, d.c., from the capitol, the white house, the pentagon. we moved our command structure. we moved our elected leaders out of washington, d.c. so fast forward to january 6th of this year. the capitol came under attack. by an insurrectionist mob. a couple miles away at the white house, there was zero effort to move donald trump. that tells a lot as to who was directing and controlling that mob and where the threat was directed and where the threat was imnaturing from. >> we have another communication to mark meadows involving mark meadows before january 6th. saying that the national guard was ready. the national guard would be ready to protect the pro trump people and that there would be reinforcements for the national guard. so they were thinking in the white house about the national guard before january 6th but when the attack happened, no one was lifting a finger about the national guard or anything else. >> yeah. but are we surprised by the fact this they would be willing to use the military for the political purposes? i don't think so. i don't think they would have been successful. i think our military that i have a great faith and confidence in would not have allowedthat to happen. if you start with the assumption that donald trump and the key enablers and the people that were supporting him and helping put this effort together like mark meadows and others, if you start with the assumption they don't care about american democracy, they do not care about the right to vote, they care about nothing other than their own power and staying in power. they would be willing to do anything and use anybody in anything to accomplish that. so if you use that assumption, that will lead you to where you need to be and what you need to know about donald trump as an enabler. >> congressman jason crow, i know you have to go to the house floor now to vote. thank you very much for joining us tonight during this breaking news situation. really appreciate it. >> of course. >> thank you. >> steve schmitt will join us next on how republicans are failing what one member of congress calls the moral test of our time. he moral test of our time superpowers from a spider bite? i could use some help showing the world how liberty mutual customizes their car insurance. ow! i'm ok! only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪ only in theaters december 17th. ♪ ♪ 'tis the 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and what they are saying today and what they're saying with their votes today. in effect, trying to defend mark meadows. >> well, good evening, lawrence. first off, it's the members of congress along with the fox news hosts. what they're saying at its core is they had really unfathomable disdain and contempt for the viewers and voters. they think they're worthless. they are unworthy of the truth. they lie to them with abandon and with cynicism. and you just look at it through this prism. they have killed hundreds of thousands of people with the lies about a pandemic, about a disease that can be controlled. that even if you get it the vaccine can prevent you from dying from it. you look at the disproportionate number of deaths across the country. you look at the lies about democracy. and we know that brian and shawn hannity and scores of members of congress, they knew exactly what they were looking at in real time. they knew that they were watching and an insighted mob storm the capitol of the united states in an act of insurrection trying to disrupt the counting of electoral votes. they knew that this was trump insighted, that he alone could stop it. that it had raged out of control. and in this last year fundamentally has been spent. but the first moment of the presidency, was trying to tell us that we saw something that we didn't see. but, of course, we all saw it. we saw that barack obama's crowd size is bigger and saw it play out on television this murderous mob come to do violence teaming with elements and extremist elements and militias, proud boys and the sorted list goes on. so at the end what we find out is the people on fox news, they don't believe a word of what they say. of what they preach and sell for billions of dollars. there are those that say goodness, it's a miracle. hook, at the end of the day, this stuff speaks for itself. >> steve, one thing i'm struck by in all of the texts this is universal in every one of the texts that is read. from a republican member of congress to mark meadows to the fox hosts, all of them, to mark meadows to donald trump's own son. every one of those people on january sixth during the attack they all are convinced of one thing. donald trump has no idea what to do. therefore, i must try to tell him what to do through mark meadows. in other words, every one of them knew that donald trump was unfit to serve as as command every in chief. you have to think of this as an iceberg. most of it is below the water line. it's invisible. the part you see is not the majority of the mass. we're going to find out before this is over who in fact got through to trump. who was the first person that actually talked to trum snp what did they say to trump? what is it that trump thought was happening? did trump say to those people that he thought it should go on that, there should be more people who came to the capitol? who knows what trump said to any of these people. we're going to find out. what we know for sure is that early on in this these e-mails went out some time after we saw the images of donald trump jr. and kimberly gillfoil smiling. it is early stages. after they had given the speeches and after ted cruz insighted the crowd. the crowd wassen on the march. when did it turn to panic? what thr they saying to one another? when did the smiles get wiped off their face? the white house photographer was there taking pictures all throughout. where are those images? we haven't seen that stuff yet. but it's all there to be seen. and so is this dmt playing out? i think it's going to be absolutely riveting. we just got a little peek. this committee has been doing its work. the speculation has been that they're not focused. i guess that's fair. a lot of congressional investigations aren't. but this one seems to be the one, the type that is. i think it's impactful of the battlefield of the next election as this plays out in the first couple quarters of 2022. >> yeah. chairman thompson joined us here last night. he said that he expects the televised hearings, the televised version of the hearings to be, he said, in the first quarter of next year. somewhere in those first three months. so let's say by march. we will be seeing this in carefully structured televised hearings with the committee. >> yeah. i think i'd like to see the committee hearings play out in prime time where the maximum number of people can see it. where people who aren't riveted to politics 24/7 can look and understand what's at stake here. with regard to future of american democracy, what's at stake with regard to the truth. the cynicism of the people that have been lying to them. this is an enormously important event in in country. it's going to frame a really important decision so, yeah, it's a profoundly important moment in this committee is really going to shape the discussion for many, many months to come. as we enter into 2022. the dialogue is going to be different than it has been over the course of 2021. because of this committee. >> steve schmitt, thank you very much for joining us tonight. we always appreciate it. >> thank you. >> coming up, a grim anniversary became even more grim today. when schoolchildren in connecticut had to stay home because of threats to their schools. connecticut senator chris murphy joins us next. ecticut senator cy joins us next. ♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪ experience the power of sanctuary at the lincoln wish list event. what makes salonpas arthritis gel so good for arthritis pain? 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>> the threats are not exclusive to sandy hook school. there have been threats throughout the state that have caused many of our secondary and elementary schools to close. listen, it's not surprising, unfortunately, when you have a high profile mass shooting like the one we saw in oxford, you have copycats. and when the highest levels of the federal government do nothing to substantially condemn or stop these acts, it sends an implicit message of endorsement to other young men whose brains are breaking and contemplating these kinds of actions or at least contemplating making a prank call. so i think it's perfectly explainable these threats because of the inaction from congress. so listen, sandy hook is a community that is resilient. in many ways it bounced back. but in other ways, it will never be the same. this is a really difficult day for the community even without the threats and then to have kids at home continually worrying about their safety, it is just layers of trauma on top of trauma that this country should find unacceptable. >> what is this day like in connecticut and in newtown, this grim anniversary day once every year? >> you know, i've become very close with many of the families and parents of those that were killed in sandy hook. i try to reach out on the night before knowing that a lot of them sort of like to stay quiet on the 14th. i will will tell you for me it doesn't get easier. it doesn't get easier. in part because every year that passes without action is another year that i know a whole new generation of kids is going to face this reality. and you don't have to have a shooting at your school to be affective. my kids go through active shooter drills. they expect to have a shooting occur on their campus. so, you know, incan connecticut it's tougher, not easier over times. the family relive the nightmare every day. but this is certainly a day and time where it is particularly acute. and it's a day for all of us to just remind ourselves this happens nowhere else but the united states of america. and that our cause is so righteous that it will prevail. i appreciate joe biden's words today to keep us to task. >> the methods used to raise the debt ceiling this week and pass that through the united states senate, appear to outsiders to be a change in senate rules which technically it isn't. but it certainly appears as though to get the debt ceiling passed, an accommodation was reached to allow the democrats to do that with only 50 votes. in fact, it was just a reversal to the way it used to be done in the 1990s and other times when there would never, ever, ever be an objection to the motion to proceed to the debt ceiling vote. so that's what they got out of the way. but to people out there who think voting rights are the most important thing the country is facing, to other people out there who think the same thing about gun safety laws where they're always being told, sorry, we don't have 60 votes, what do you say to them on a day like today when they're watching the senate bend, when they're watching the senate part the sea so that the debt ceiling can go through? but never, never consider doing that on the issue of gun safety. >> well, i don't know that i can say it better than you, lawrence. what we showed today is that the senate is willing to change the rules for something important. and 50 democratic senators are willing to change the rules for something important. now in this case, that important thing was the full faith and credit of the united states government. but my lord, what is more important than the safety of our kids? i want america to pay our bills. but ask those parents in sandy hook whether they would trade a temporary debt default for another ten minutes with their dead first graders. i mean nothing is more important than the safety of our children and so, yes, this isyes, this ie reminded that there are moments when 50 democratic senators and even republicans are willing to change the rules to do something important, and senator rafael warnock gave the most incredible speech, and just maybe some of our colleagues listened to it and will have an open mind on how we proceed in the rules of the senate moving forward. >> thank you very much for joining us on a day that i know is very difficult for you. we really appreciate it. >> thanks, lawrence. today california and new york are going to go after guns using the same legal tools that texas is now using against abortion rights. that's next. ow! i'm ok! only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪ only in theaters december 17th. 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. who's on it with jardiance? 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"the 11th hour" starts right now. >> good evening again. i'm chris jansing. day 329 of the biden administration, a pivotal day of the house insurrection. the full house is now voting on whether to hold former president trump chief of staff mark meadows in criminal contempt of congress. his case would then go to the biden justice department who would decide whether to prosecute, but we're keeping a close eye on these numbers. you will remember that when a similar vote was taken in the case of steve bannon, nine republicans voted along with the democrats. also taking a little longer tonight, there are a lot of folks who are voting for members of congress who are not there. we're keeping our eyes very closely on what's happening, but as you know, mark meadows has