Transcripts For MSNBC The 11th Hour 20240709 : comparemela.c

Transcripts For MSNBC The 11th Hour 20240709



have not yet gotten it. >> just the other day former president trump announced he got his booster shot. maybe one of the few things he and i agree on. >> tonight, we are learning about an exciting new development that may help point the way, to a post pandemic reality. defense one reports that scientists at the walter reed army institute of research, expect to announce in a few weeks, that they have developed, a single shot vaccine, that pretext against covid-19, in all of its variants, including omicron. even, so the cdc is forecasting a grim scenario for the coming. weeks of washington post of the agency today predicted a massive wave of omicron cases, by next month. when the new covid cases now well over 140,000 daily, federal officials are now focusing on moving as quickly as possible to turn things around. >> we have a lot of disease out there now. what we are working right now to do is to decrease the amount of severe disease, and death. if we can decrease the amount of cases, get more and more people vaccinated, and boosted, and decrease the surge on our hospitals, with low rates ultimately of disease, i think that we will come out of this surge successfully. >> meanwhile, bloomberg reports that the fda could soon approve drugs from merck and pfizer, that are designed to treat covid, these would be the first at home treatments for the virus, but as we heard last, night there are questions about how soon they could be made available to the public. >> we have a good drug out of pfizer, that -- it's just being scaled, up so how much of an impact it's going to have in time for this wave, is hard to say. >> we are also keeping a close eye on the latest developments in the house investigation, into the january 6th insurrection. the latest legal challenge, that for the select committee's authority, comes from former president trump's national security adviser, michael flynn. today flynn filed suit against the committee, in an effort to block its subpoenas, for him, his suit claims that the committee subpoenaed her testimony and records, violate his rights to free speech, and against self incrimination. his suit also challenges the panels legal authority. also, republican congressman scott perry of pennsylvania. said he would not cooperate with the january six committee. after they requested that he voluntarily provide them with information, on monday. earlier today the pennsylvania lawmaker posted this on twitter, writing, quote i decline this request, and will continue to fight the failures of the radical left, who so desperately seek distraction from their abject failures of crushing inflation, a humiliating surrender in afghanistan, in the horrendous crisis that they created at our border. and quote. and tweet, tonight, january six committee member adam schiff spoke with chris hayes about congressman perry's refusal. >> there's precedent certainly for calling members of congress before an investigatory committee, in the russian investigation, we asked a republican and a democratic lawmaker, both the committee, both agreed to do so voluntarily. it is extraordinary for a member of congress to refuse, and here, you have to ask the question, why is he trying to obstruct the work of the, committee why is he unwilling to volunteer what he knows. he's at this, point been asked to volunteer, but if you refuses, we will have to consider what comes next. >> it's kind of amazing to think about, that that's a member of congress refusing an invitation by congress to talk to. then we will have more in the house investigation later on in the. our will be joined by the former acting solicitor general. meanwhile, donald trump is already made public his plans for this upcoming january, six exactly one year after the capitol riot. he says he will hold a news conference, at mar-a-lago. with, that let's bring in our lead off guests on this tuesday, night philip rucker, pulitzer prize-winning senior washington correspondent for the washington post, coauthor along with carroll leonnig of the new york times bestselling, i alone can fix, it can be better, justice department reporter for the new york times. and, doctor irwin red, letter founding director of columbia's national center for disaster and preparedness, with advises us on public health. he's a professor of pediatrics at albert einstein college of medicine. thank you for being with us tonight. doctor red letter, let me start with you. on a normal night, the reporting out of defense one, there might be a new vaccine that can handle omicron and is structured the way that it can handle the covid virus. that's the biggest news. but we're dealing with an outbreak that's taking root faster than vaccines can fix it. >> good to see you. this is been a very extraordinary day in that sense. we now have omicron taking over the predominant strain, that's in our environment right now, it's a dangerous situation, it moves very very quickly, it replicates very rapidly, it is not entirely susceptible to the vaccine protection is some of the older strains. and there's a lot to think about there. but on the other hand, we have this other news, from the defense department, that the incredible research team at walter reed research institute, is about to start unveiling the details of a new vaccine, that might cover any and all strains, and mutations of the covid-19 virus, a mixed bag, but i think unfortunately in terms of the race against time here, we are in pretty big trouble for the next few weeks. or a couple of months, from the rampaging covid infection alley. >> phil, record from your perspective. give me a sense, put some meat on those bones that are winches talked about, there is real fear that we're in real, trouble this administration, unlike the prior administration, did really come in on the basis of getting covid under control. now they are worried, because they're seeing diseased his, takes these projections from the cdc, about how bad this could be come in the next month or so. >> that's right, this is becoming a political concern, in addition to a public health concern. for the administration, part because of president biden's campaign promise, that he was going to take control of this pandemic, and he was going to tame. and help america navigate this crisis, but it is getting, worse it's flaring up by the, day it is of course not president biden's fault, that this new variant has emerged. and that it is so transmissible, and it's spreading so quickly. and yet, i think the frustration that so many american people have, over this covid winter, over the fears of holiday travel, over the shortage of testing equipment, at pharmacies in cities all across the country. that is all compounding what is already been a priority dour political season for president biden. >> meanwhile, katie, the work of the january six committee, and justice department continues, we now have two separate things going, on michael flynn when we all remember as the first national security adviser to the former president. he is now filed suit against the, committee and scott perry the republican member of congress from pennsylvania, he did not get his subpoena, he got an invitation to cooperate with the, committee and he, said not interested. >> absolutely. the flynn lost two is interesting. he's claiming the committee is impairing his freedom of speech, he's also makes the statement that he truly does believe something happened during the, election that was wrong, and that was, often that's absolutely fine for him to believe. which is true, but his lawsuit is interesting because the committee is not saying that he has to believe one or the other. the committee is not trying to say would it is he should tell them. the committee just wants him to come in and answer questions. and he can invoke his fifth amendment right, to not incriminate himself, so it's unclear how successful this lawsuit will be, because it will be difficult to prove that the committee is in fact in any way, infringing on his first memory to free speech, i know that he wants to stop any data transmission from cell phone providers. or telecom providers, and that he wants the committee basically to not ask him any questions, they will be interesting to see where this lawsuit, goes i think in the end though, we will see some of a stalemate, because it's very hard to believe the committee will get any information about. him even if the lawsuit fails. >> erwin, i want to ask, you in your title you the founding director of columbia's national center for disaster preparedness. with the presidents made it, clear what people are thinking about what's happening today with covid, as resembling march of 2020, things are very very different. we have a vaccine. we have a lot of people vaccinated. but there's some strain that we're expecting on the health care system. and the white house announced, help for the health care system. 1000 medical professionals. i don't know what it is exactly that they'll be doing, but they're deploying medical professionals around the country, to deal with some of this shortages and backlogs that we have. >> right, this is a very strange situation. the fact of the matter, is even before omicron, the delta variant, was surging like crazy, we've had hospital systems across the united states, and by the, way speaking of politics, as philippe mentioned a little while ago, this is a very political situation, because the unvaccinated people in america, are pretty much in the red states, in the counties that voted for trump. it's extraordinary that politics and ideologies enter itself into this public health crisis. but the fact is, we are going to need help. in supplies of personnel and so on, in many hospitals that are or will be in the near future, overwhelmed by covid-19 cases. >> phil, it's kind of wild, president trump talked about how he got a booster, he got booed the other day for it. the president today invokes donald trump, it said hey, it might be the one thing we agree, upon that he got a booster and i get a booster, joe biden seems frustrated with the inability to convince that percentage of people who have not get boosters, or didn't get the vaccine in the first, place to get on that. >> ali, the problem here stems from the end of the trump presidency in the beginning of the biden presidency. when donald trump refused to sort of fully advocate, and become a champion for the vaccine. which would've been such a pleaser political win for him it was his administration to his credit. the head of operation warp speed, that put so much pressure on the fda, in various government agencies, to speed up the approval process for these vaccines to get the shots into arms as quickly as possible. and yet trump did not become the face of that campaign, in fact he cast doubt on the how worthy the vaccine would be. he allowed a lot of misinformation to spread, within his political movement. within the maga forces around the country. and, it's a major factor in why tens of millions of americans continue to this day to be unvaccinated. and are resistant to following the public health guidelines. you heard from president biden again today. that those who are unvaccinated, are a great risk from this new variant. those who have vaccinations, have much milder cases, milder symptoms, but if you are unvaccinated, it could become deadly. >> katie, i want to ask you about liz cheney. the senior republican on the january six committee, she said last week, that there will be public hearings, in the new year. she also talked about a line of inquiry that involves potentially targeting the former, president donald, trump for responsibility, she actually cited legal precedent under which they are deemed to have done something, donald trump and his allies, were of deemed to have done something under contrary to the, law they could actually face consequence for this work. do you know about this? >> her statements are basically applying public pressure into, places the first is signaling to the public, that there is going to be a lead, off the investigation will become more aggressive in the coming, here in that places pressure on her fellow republicans, because at the end of the, day it is really up to them to decide, whether or not the party is going to continue to support the former president, and continue to support people within the party, who deny the results of the election. that is going to be the hugely important issue for the midterms. hugely important issue for the 2024 election. where people are worried that this idea that nobody will believe the results of the election, could lead to a lot of unrest. she's kind of laying down the gun and therefore her own party, saying, this is what's going to, happen will have a public accounting and where will you stand. the second place, she's playing a pressure is a push the justice department. she's saying, if we find criminal activity, we will deliver it to your doorstep, we will deliver it to you and, referral and then it's up to you to act. so for the justice department has been reluctant, to investigate the former president, and we will see what happens, depending on what the committee finds. >> we will be talking about that a little later, there is pressure from some people who say the justice department should be doing more about this. irwin redlener it's tuesday now. it all blends together after, while it's tuesday, and there are a lot of people who have either wrapped things, up or are wrapping things up in the next 24 to 48 hours. and they're heading out to travel. we have a lot of mixed messaging out there about whether people should and how they should handle. and particularly if you're vaccinated and boosted. what is your best advice? >> my best advice in this raging surging omicron situation, is this. unfortunately, this is not going to be a free and open holiday time for us, we need to be particularly careful. we are not going anywhere, where there is not and establish that every single person there is fully vaccinated, by the way, fully vaccinated, now means three shots, forget the two shots, it's two shots plus the booster. that we are going to need to require now. people need to be tested. in the day before they go to a party, and especially so, if there are young children there who are not eligible to be vaccinated. and we will have to wear masks indoors as much as possible. when we are outside the home. so a lot of precautions, here but really necessary ali, there have been as you stated before, breakthroughs. and then of course people are not vaccinated, have the risk of getting really sick, hospitalized and dying. so another year of caution, but hopefully will be talking next year ali, and things will be a lot better. but for right now, i really implore people please, do not take chances. i love talking to the three of you. but i would really like to be talking to the three of you in a post covid world. thanks again for taking your time tonight. philip rucker, katie benner, pulitzer prize-winning publishers. and also irwin redlener. coming up we'll talk to neal katyal, with the new efforts to stonewall the generous ex committee. and later, we heard from the president today about the path forward to his agenda after joe manchin rejected his nearly two trillion dollar spending plan. the 11th hour, just getting underway on a tuesday night. n a tuesday night. let's get ready for jalapeñoooo popperrrrs! can you hand me some potato skins. theyyyy're loooaded! turns out, michael buffer speaks like that all the time. and it turns out the general is a quality insurance company that's been saving people money for nearly 60 years. and in this corner, coconuuuut shriiiiiimp! for a great low rate, and nearly 60 years of quality coverage - make the right call - and go with the general. let's get rrready for garlic breeeaaad! ♪ ♪ 'tis the season 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[♪♪] powerful skincare ingredients come dermatologist-recommended, and there's a brand that offers them at an affordable price. try olay skincare. olay regenerist, with 99% pure niacinamide provides 5 times the hydrating power of a prestige cream; while olay collagen peptide visibly firms and reduces the appearance of fine lines and wrinkles; and olay retinol 24 brightens and smooths the skin while you sleep. for dermatologist-recommended ingredients at an affordable price, try olay skincare. small businesses like yours make gift-giving possible. now, comcast business has an exclusive gift for you. introducing the gift of savings sale. for a limited time, ask how to get a great deal for your business. and get up to a $500 prepaid card with select bundles when you switch to the network that can deliver gig speeds to the most businesses. or get started with internet and voice for $64.99 per month with a 2-year price guarantee. give your business the gift of savings today. i would support a subpoena for comcast business. powering possibilities. anyone who's relevant to the investigation, to determine whether or not these are going to be subpoenaed by their title or positioning. this goes with the issue of justice being blind. someone refuses to come forth in voluntarily participating in a lawful process that is designed to hold their democracy, and we will subpoena them. and if they fail to comply, then we will refer them for criminal contempt to the doj. >> that is democratic congressman, david crow, saying that he will back a subpoena for fellow house member, scott perry, for failing to cooperate with the investigation to cooperate for january six. the generous six committee has yet to subpoena the pennsylvania congressman, but the panel did say this. quote, the select committee prefers to get the relevant evidence from members cooperatively but if members would direct ugly relevant information and instead of endeavor to cover, up the select committee will consider seeking such information using other quotes. >> neil cocktail, department of justice veteran, and former acting general during the obama administration who has argued dozens of cases before the united states supreme court. neil, we always turn to you when we have these complicated issues. the shouldn't be that complicated. scott perry is a member of the united states congress. he is a duly constituted committee and they asked him to come forward with information. they have been subpoenaed him. but he came back with this wild swing in response that calls them left this relic calls and talks about afghanistan. but he is not interested in participating with them. >> right. this isn't that hard. it's exactly for the reason you're saying. scott perry is not to be confused with rick perry who would probably rather abolish the department of justice than co-opted and turn it into the department of insurrection. that is scott perry. he is the guy who worked with jeffrey clark of the justice department to try and flawed a coup. and it's not surprising that he is afraid to cooperate. the theme of all of these stories is that these people are refusing to go and tell the truth under oath because they are afraid of what congress might find. and you have to break every norm in the book to reach we're scott perry is. this is his own body saying, congress. saying we want to know what happened. just tell us what happened. and with the? it makes fake argument after fake argument about how the january six committee is illegitimate and all sorts of nonsense about inflation. it has nothing to do with it. the bottom line is, you are there and tell the truth about what happened. and if you feel like you did nothing wrong, then you should have nothing to hide. >> so neil, for my parents who are watching this tonight, at some point they are going to say, this is united states congress. if you get a letter from them, a series of invitation, all the way to subpoena, and they asked to participate and come forward, genuinely speaking, you think most people would. what are these other tools that the committee says they have in their tool box if a guy like scott perry says, forget it? >> you're absolutely right. if it were you were meek being called before congress, of course we were going to testify. and it should be heightened if you're a member of congress. and it's your own body. the two rules they have our contempt, which you were mentioning before. to formally try and say a crime is being committed because you are failing to tell the truth to congress. and the other is a criminal contempt. that is what's being used with steve bannon right now. the other mechanisms that congress has is the inherent contempt authority. they could actually jail this member of congress on their own if they wanted to and say that that is the price for not telling the truth. that is a part that goes all the way to the funding. because the last thing i would say is that they do have the power to expel them under the constitution. but that would require a super majority vote by the congress. >> i want to ask you about liz cheney. last week, she said something about, well, let's play what she said about donald trump. >> did donald trump, through action or inaction, corruptly seek to obstruct or impede congress's official proceedings to count electoral votes? >> remarkable language that she use their. sheath shot this there very well. did donald trump through action or inaction, corruptly seek to obstruct or impede congress's official proceedings to count electoral votes on january six? that is very meaningful. the question that she is saying that the committee wants to look into is very meaningful. because if the answer is yes, she also stated the legal grounds on which one could pursue action against donald trump. >> exactly. so liz cheney is an excellent lawyer. she is making two points. both of which are a little subtle. but they both turn on the statute, 15 12. it's a criminal statute that makes it a felony to obstruct an official proceeding. what cheney is referring to is that now three different federal judges in the d.c. district court have all said that the statute was potentially violated on january six by insurrectionists. and the insurrectionists will, the judges found, didn't have to intent violence. they just needed to intent to stop the count that would otherwise happen. so that is cheney's point. are these by the way our trump judges. trump appointed judges who have made this determination. the other thing she is saying is that it is not just trump's action but his inaction. trump is saying that his defenses he didn't like the math. but by all accounts, cheney is saying, at least you sat in front of the fire truck toasting marshmallows if you didn't like the match. and whether or not donald trump meets the legal definition of obstruction. i'm pretty sure that he wasn't exactly advocating the ground to march to the capital and count the votes. he was urging them to stop that count. >> right. >> and that runs you into a federal crime. that is why cheney's remarks are so important and why donald trump this week has been even by his own standard, more off the rails than usual. >> and the issue here, she uses the words corruptly, because that's important, stick to obstruct or impede. if you cannot charge people who were involved in january six with obstruction, then it stops being a felony. it becomes a misdemeanor. which is destruction. which is more like protests. and that is the argument, i guess. i am oversimplifying it here. but that is the legal argument that some of these people are making. it was a destruction, a protest, it was meant to be a protests. versus the obstruction of an official proceeding. the impeding of an official proceeding. and that is what this hangs on. >> exactly. when she refers to those words, corruptly, impeding official per feeding, that is from the federal statute, 15 12. and that is different from the misdemeanor statute. by the way, when the president kur mits a misdemeanor, that is a huge thing by itself. but what i think cheney is pointing to is that it doesn't look like a misdemeanor. it looks like a federal felony. that is what the investigation in part is deciding to do. the january six committee, as they suspect they, will that donald trump violated 15 12. that is their obligation to make a referral to the justice department for a criminal prosecution of the former president. i know that that is a very serious thing. i don't say that lightly. but that is because what happened on january six was deadly serious. >> let's follow that to its natural conclusion. there are a lot of people who say that this january six committee is piling up lots of evidence that perhaps merrick garland and the justice department should do something about. in the case of the criminal referral that they make for steve bannon, it resulted in an arrest. in the case of mark meadows, they are still sitting on. it it's a little more complicated. because unlike steve bannon, mark meadows did actually work for the president. so the issue of executive privilege may come up. but where is married garland in this? and where do you believe merrick garland should be? >> i think he's doing things largely right. he is silently having an investigation looking at all of this stuff. he's made the criminal prosecution based on the congressional referral of steve biden. he is now looking at meadows. and there have been lawsuits after lawsuits trying to stop garland and others from doing their job. i think that they have done a fairly good job in defending all of that off. but at the end of the day, we are almost a year after the january six attacks. and the american people don't have a lot of answers to a lot of basic questions. that is really concerning to me. i think merrick garland has done things largely right. but i think he could be more forthcoming on certain aspects of this. for example, is it, and does garland believe that the trump department wrongly closed a criminal investigation? would they be able to reopen it? that's a simple argument that the thing that is something he should be talking about. but garland is a very quiet individual. when he was a judge, he almost never spoke to his speeches. he has carried that through. and i understand the reasons for it. but right now, we are in a media world where jokers like steve bannon and moe brooks have big microphones. and right now we are not hearing very much from merrick garland. you heard from you and me. but you're not hearing it from the attorney general of the united states. >> the wheels of justice maybe turning but we might want to hear some of that machinery. or at least some people may want to. harriet >> neal, good to see you, you make things clear for. us neal katyal form, or acting solicitor general in the obama administration. okay, coming up and what we know about to these democratic hurdle to plot the path forward with the build back better plan. tonight, when the 11th hour continues. hou continues. clerk: hello, how can i? sore throat pain? ♪honey lemon♪ try vicks vapocool drops. in honey lemon chill. for fast-acting sore throat relief. wooo vaporize sore throat pain with vicks vapocool drops. some people, think maybe i'm not irish because i don't hold a grudge. but i want to get things done. i still think there's a possibility of getting build back better done. >> democrats are still searching for a way forward on a signature part of the presidents agenda, democrats held a virtual caucus meeting a few hours ago to plot their next moves. the big question was, would joe manchin make an appearance. in fact he did. as for, what if any good it, did that remains to be seen, for more we're joined by david plouffe, former obama campaign, manager and senior adviser to the president, and mike murphy, were better in -- co director for the center of political future at the university of southern california. he's also a hope cohost of the "hacks on tap" podcast. good evening both of you. david let's start with you, we were not sure whether manchin would show, up but it for everyone who was speculating whether he would show up to this virtual merge unsee meeting, my question was, what happens if he actually does show. up will people bite their, tongues or will they have an eric grievances. will they look for a way forward. do you have any idea what happened in that meeting? >> i don't, yet i'm sure in today's, world a lot leaks, out so i'm sure by tomorrow morning will have a sense. i think it's good he attended. that there is no guarantees, given what's happened over the last, week but i still think major elements of build back better have a very good chance of passing. and i think, that will be the work in january. that and making sure we pass voting rights legislation that protects our democracy, and does not turn this country into an attack russi. the truth is, manchin and a lot of democrats are not that far apart. this ought to be something that can get, done it's important to get done for the country, most important it's also important to get done for politics. i think you're going to watch amok rats to be as excited next, year about the election as possible for turnout, but also the republicans have opposed all of these things. that we are democracy, a childcare tax credit, long term care, the infrastructure bill was a notable exceptions in the senate by some brave republican senators. i think it's likely, this gets put back together. it's not going to be everything every democrat wants. but it is still be significant, i mentioned this, because we don't know what's gonna happen after 22. i hope this doesn't happen, but the republicans could win back control of one, chamber maybe both, this is your last chance, perhaps in a while to take a big swing here, and help out hundreds of millions of americans. >> mike, interesting view. you don't disagree with the idea that big swing. you definitely think there's a messaging problem here. though that on one hand, the democrats are all in on policies that are known to be popular, across the country. amongst voters. on both parties. on the other hand, you're worried about how this is looking, and how this is going down. >> from biden's point of view, i'm a conservative, i'm not a fan of a lot of the spending programs. but he has a huge political problem, and he needs to reset, the democrats can no longer make the mistake, they paid a big political price, of confusing partisan control of the senate, with ideological control. they asked manchin to go into places where joe manchin from west virginia, where joe biden got under a third of the vote. can't go. the question is, now can they chop it down to some of the most popular elements. pass those, and have a fight over the other elements. because it's an election year, in a lot of what the senate becomes as a platform, to try to control the agenda of the election. they have to accept mansions as a facts of life. they have to slim it down. and they have to pass something, and then go on offense of other things. i think that's the smartest move for them. can they executed? i don't know. i'm still not sure. the problem with build back better is nobody knows what's in it. if they were to break it, up they could fight and things people do understand, like program, one program two, program three. even if they don't pass. then they get the issue. >> tell me how that works, first, i'm curious whether you agree with mike's, idea you sort of suggested yourself, do it in smaller bits, but hot is that become reality. at what point does someone say, will stop talking about this is build back better. or were going to call it something else. or restarting again. you're hearing it from the president. you heard it from the vice president yesterday in an interview with cbs news, but what is this actually, what happens now? how do you turn the ship around? >> reality needs to dictate. i think it's whatever will get 50 votes in the, senate 218 votes in the house, and joe biden's signature. if that is build back better to point, no that's a little bit smaller, a little more focused great. if it's taking individual votes great. i think, the reality is from a political messaging standpoint, i do think, it's hard enough to so one bill, it's really hard in my experience, to so big packages that have multiple parts. it may be easier to break it. up and you give each one a week, can he get on the road, and you get a lot of interviews, but the reality will be, it's kind of whatever joe manchin, nancy pelosi and chuck schumer say, in terms of how do you get this done. >> mike you're nodding. you agree with that. >> they have the power, here the only thing i would say from biden's point of view politically, is he's in trouble now because he's perceived to be weak, he's a bystander. biden out again in front of whatever manchin will actually go for. and declare victory and move forward. so he gets the starring role, again it looks like he's in control. the reality is, exactly what david said. those are the three people driving the legislative ship. >> guys, stay with. may i want to take a quick break and come back and continue this discussion with, you coming, up the dark and disturbing themes of division and political violence, right out in the open. now in the extreme far-right, when the 11th hour continues. ight when the 11th hour continues i've been telling everyone... the secret to great teeth is having healthy gums. crest advanced gum restore. detoxifies below the gumline... and restores by helping heal gums in as little as 7 days. kyle. crest. the #1 toothpaste brand in america. kyle. kyle. kyle. kyle. >> now, you'd be forgiven for assuming that was some kind of wrestlemania introduction. no, that was yesterday's carefully staged an overly elaborate introduction. an event for ultraconservative young people, for another than kyle rittenhouse. then 17-year-old, who shot and killed two people, and wounded at third last summer, at a black lives matter protest. with an ar-15, that was not obtained legally. after crossing state lines. rittenhouse was acquitted by wisconsin jury less, monday verdict that was celebrated. by seeming to embrace political violence and vigilante-ism. with us, david plouffe and mike murphy. mike i don't make it a habit to watch turning point usa, this event that's been on. but it had a weird tinge to it this week, there's a lot of guns stuff. and a lot of guns, as the last stand against the government, in protecting your liberty. and then there's this weird rock star kind of thing for kyle. feels like they might have lost the plot on this one. >> look, american politics is a big thing, we're into dangerous territory these days. there's plenty of room for this kind of freak show, i guess i'll call them internet celebrities in the political world. they can have conventions. it's kind of like the white ring version of the start trek convention. it's not where the center of the debate is, i would say it's a symptom of the stupid implication, on the far-right. that they're starting this hero worship of figures like that. >> david, when might put it's that way, i'm a little more relaxed about the whole, thing i do worry though. when i was listening to. i was hearing a lot about guns. in sebastian gorka talking about second amendment stuff, in a civil war but not to rush into it. it's not here yet. sunday more scary. what is it, is it something that's worth worrying about? or is it, okay you guys are the fringe of the right-wing at this point? right, well if it stays to use mike star trek examples as the scotty's of the republican. that's okay. but when it goes kirk and spark, you've got the christmas cards that we've seen with people fully loaded with assault weapons. you've got more members of the house, the fringe member of the house talking about it. the notion that we are not going to see political violence again in this country, i think sadly, is naive. they are not being subtle about their into it. and i think as much as build back better defeating the pandemic and overcoming the next few weeks of omicron, these are critical issues for the country. the big issue though is the big issue. which is that there were violent terrorists who tried to overthrow our government, killed police officers and are sending the message that they are going to basically defend what they believe the country should be. which is for a lot of them, another top chrissy. so the real question to mike's point about the center, i think we are to 65% of the country. sadly it's on 95. but who do not want to become an autocracy. and the question for 22 and 24. and some of those people need to hold their noses to vote democrat. but right now, there's only one party that is firmly committed universally to the notion that we should remain autocracy. and that we should keep violence out of our politics. and that is the democratic policy. the democratic policy are going to be super welcoming and open to all comers to allow us to get through this threat about democracy versus a top rusty. so right now it is fringe but i am worried like you are that we begin to see and believe more into the republican party. >> let me just add -- >> just before i hear your response i want to say that i called call rittenhouse call cheney, culturally is a well respected journalist. he is with political. it is called rittenhouse i am referring to. but, mike, what is your wall to what's david's saying. how do you keep this out of the center of this political movement? >> they make a lot of noise because they are friction. the commerce of cable tv are fun to put the spotlight on because they get everybody wrapped up. but the question is, what kind of part do they have in the primaries. the republican party is not all in that corner. we are going to have a civil war. the question is, are the fringe who are easiest to find in the house, but also in state legislatures, going to increase and have real power going forward? and how much is donald trump as kind of the tip of the spear, don't occasionally -- when they got booed. to nashville >> this is a perfect way to go to. and a lot of us are against that stuff. and we want to have the civil war over the next two election cycles and see what the republican party really decides to be. the very fact that it's being tested about this is bad news. and a sad sign of where we are. but that is the fight that is happening now and it has to happen. >> david, mike makes this point that there's this weird overlap on the fringes of the right right now. with this stuff and second amendment stuff with liberty. and it's the same stuff that has happened with vaccines. we knew that there would be some vaccine hesitancy in this country, there is all over the world. but somehow this has become a main state of this group. >> yes. of course. almost all of the exception is are appealing. they have had two shots and been boosted. it is not on the same level, sadly. the only thing is that they really believe. that that is my -- in competitive house districts, gubernatorial races in 2022, and then the big enchilada in 2024 which is the presidential primary. which dates to people off to go through? and if it is people who are going to love kyle rittenhouse, love louis gohmert, love marjorie taylor greene, i think the republican party is going to have a hard time doing while. and so much of 2022 is going to come down to that. do they nominate some people who are like glenn youngkin in particular? it was kind of like mitt romney to point to people in virginia. but it fit is the picture that come up through these primaries, they're going to use -- lose some of those seats. >> i think it will be a good year -- sorry ali, i didn't mean to interrupt. >> finish your thought. mike >> voters are going to have to choose between the list of the polls that are accurate and the frustration of the biden administration versus in some cases. watch trump republican candidates. and the southerners where that will play out. >> guys, i could talk to you all night. thanks very much for your time tonight, david plouffe and mike murphy, i appreciate it. you never know what you might find at the back of the office after months of work from home. we'll tell you about that when the 11th hour continues. th hour continues. just one pill a day. 24 hours. zero heartburn. because life starts when heartburn stops. take the challenge at prilosecotc dot com. [♪♪] powerful skincare ingredients come dermatologist-recommended, and there's a brand that offers them at an affordable price. try olay skincare. olay regenerist, with 99% pure niacinamide provides 5 times the hydrating power of a prestige cream; while olay collagen peptide visibly firms and reduces the appearance of fine lines and wrinkles; and olay retinol 24 brightens and smooths the skin while you sleep. for dermatologist-recommended ingredients a physics professor in harlem at an affordable price, try olay skincare. got a big surprise while sifting through his office mill. nearly $200,000 in cash was sent to him in an ordinary cardboard box. the unusual donation is going to good use. a report tonight from nbc news correspondent, candy centers. >> physics professor is all about solving mysteries of the universe. but who sent him and city college in new york, this box filled with cash? is tonight a mystery unsolved. >> you see this money on you're not sure how much it is. but what are you thinking? >> i'm thinking. wow. i've never seen this kind of money in my. life >> 180,000 unexpected dollars. a letter with the catch said in part, assuming that you are a bit curious as to why i'm doing this, the reason is straightforward. a bachelor in masters degree in physics from city college resulted in a long, productive, immensely were warding career. adding to the improbable story, the box with $90 in postage, was milled in late 2020. but because of the pandemic, it's set an open for ten months. >> somebody at the post office, somebody trusted the post office, somebody trusted the mail, room and they trusted the whole system. that is another great part of the story. >> the fbi investigated agents and administrators to say that the money is legit. >> the name on the box, kyle paisley. but there's no city college graduate with that name. >> is the name bananagrams? >> at some point, it dogged on to meet that the person doesn't want to be found. why should i do it? >> a physics professor with newfound scholarship money. and a mystery that he now chooses not to solve. carrie sanders, nbc news. >> and coming, up even more good news tonight about the days ahead when the 11th hour continues. hou continues. do you take aspirin? plain aspirin could be hurting your stomach. new vazalore is the first liquid-filled aspirin capsule clinically shown to cause fewer ulcers than plain aspirin. vazalore is designed to help protect... releasing aspirin after it leaves your stomach... where it is absorbed to give you the benefits of life saving aspirin... to help prevent another heart attack or stroke. heart protection with your stomach in mind. try new liquid-filled vazalore. aspirin made amazing! i've been telling everyone... try new liquid-filled the secret to great teeth is having healthy gums. crest advanced gum restore. detoxifies below the gumline... and restores by helping heal gums in as little as 7 days. the last thing before we go the crest. the #1 toothpaste brand in america. last thing tonight, before we go tonight, are are you tired of the you tired of the sun sun going down so going down so early? you had enough with early? have you had enough the short days and of these short, days and the long cold these long cold nights? well nights? some good news for you. some good news for you today, we mark the. today winter souls we mark the winter just. the official solstice, the official start of winter the. start of. winter word solstice means inland, that the world solstice means in london that the sun is the sun is standing standing so. that's still. that's because solstice darts the very because so studs marks where the moment, where the northern hemisphere is tilted northern had missed fear is tilted for this from the for those from the sun. sun this this results in result in the the shortest and the shortest and the longest night of longest night of the year. the. you're not that that might not sound like good news might not sound like good news at first, but what is it first, but what is important to note important to know here, here is that is that every every day after day after today, the today, the days will get a little bit days will get a little bit longer. the sun will longer, the sun will set a little bit later. set a little bit and we will inch later. we will closer and inch closer and closer back to closer back to some. that summer. may be why so many traditions of that may be celebrations around the winter solstice this, are held every year and in goal. at the prehistoric monument gemstone hedge. it's believed that the stones were frame to shape the -- solstice. on the day of the summer solstice. now many see the winter solstice as an opportunity for renewal to get out of the darkness. so let's go with that. that is our broadcast for this tuesday night. with our thanks for being with us on behalf of all of our colleagues on today's nbc news. oh goodnight tonight on all in. the right wing descent into darkness continues, tonight the glorification of violence by way of kyle rittenhouse. what it means to the country. then, as the january six probe considers criminal referrals, for the former president, congressman adam schiff, and his republican colleague, that the committee says has information directly relevant to the investigation. plus, hunter walker with new reporting on the trump campaign's connection, to intimidation of a georgia election poll worker. and my interview with the director of the cdc. and the president's new push to deal with omicron. >> former president trump announced he has gotten his booster shot. it may be one of the few things he and i agree on. >> when all in starts right now. good evening from new york. i'm chris, he is the only reason that anyone knows kyle rittenhouse's name, is because he shot three people, and killed two of them. last, month rittenhouse was acquitted on all, charges after his lawyers argued, that he acted in self-defense, when he shot those people. i

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Transcripts For MSNBC The 11th Hour 20240709

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have not yet gotten it. >> just the other day former president trump announced he got his booster shot. maybe one of the few things he and i agree on. >> tonight, we are learning about an exciting new development that may help point the way, to a post pandemic reality. defense one reports that scientists at the walter reed army institute of research, expect to announce in a few weeks, that they have developed, a single shot vaccine, that pretext against covid-19, in all of its variants, including omicron. even, so the cdc is forecasting a grim scenario for the coming. weeks of washington post of the agency today predicted a massive wave of omicron cases, by next month. when the new covid cases now well over 140,000 daily, federal officials are now focusing on moving as quickly as possible to turn things around. >> we have a lot of disease out there now. what we are working right now to do is to decrease the amount of severe disease, and death. if we can decrease the amount of cases, get more and more people vaccinated, and boosted, and decrease the surge on our hospitals, with low rates ultimately of disease, i think that we will come out of this surge successfully. >> meanwhile, bloomberg reports that the fda could soon approve drugs from merck and pfizer, that are designed to treat covid, these would be the first at home treatments for the virus, but as we heard last, night there are questions about how soon they could be made available to the public. >> we have a good drug out of pfizer, that -- it's just being scaled, up so how much of an impact it's going to have in time for this wave, is hard to say. >> we are also keeping a close eye on the latest developments in the house investigation, into the january 6th insurrection. the latest legal challenge, that for the select committee's authority, comes from former president trump's national security adviser, michael flynn. today flynn filed suit against the committee, in an effort to block its subpoenas, for him, his suit claims that the committee subpoenaed her testimony and records, violate his rights to free speech, and against self incrimination. his suit also challenges the panels legal authority. also, republican congressman scott perry of pennsylvania. said he would not cooperate with the january six committee. after they requested that he voluntarily provide them with information, on monday. earlier today the pennsylvania lawmaker posted this on twitter, writing, quote i decline this request, and will continue to fight the failures of the radical left, who so desperately seek distraction from their abject failures of crushing inflation, a humiliating surrender in afghanistan, in the horrendous crisis that they created at our border. and quote. and tweet, tonight, january six committee member adam schiff spoke with chris hayes about congressman perry's refusal. >> there's precedent certainly for calling members of congress before an investigatory committee, in the russian investigation, we asked a republican and a democratic lawmaker, both the committee, both agreed to do so voluntarily. it is extraordinary for a member of congress to refuse, and here, you have to ask the question, why is he trying to obstruct the work of the, committee why is he unwilling to volunteer what he knows. he's at this, point been asked to volunteer, but if you refuses, we will have to consider what comes next. >> it's kind of amazing to think about, that that's a member of congress refusing an invitation by congress to talk to. then we will have more in the house investigation later on in the. our will be joined by the former acting solicitor general. meanwhile, donald trump is already made public his plans for this upcoming january, six exactly one year after the capitol riot. he says he will hold a news conference, at mar-a-lago. with, that let's bring in our lead off guests on this tuesday, night philip rucker, pulitzer prize-winning senior washington correspondent for the washington post, coauthor along with carroll leonnig of the new york times bestselling, i alone can fix, it can be better, justice department reporter for the new york times. and, doctor irwin red, letter founding director of columbia's national center for disaster and preparedness, with advises us on public health. he's a professor of pediatrics at albert einstein college of medicine. thank you for being with us tonight. doctor red letter, let me start with you. on a normal night, the reporting out of defense one, there might be a new vaccine that can handle omicron and is structured the way that it can handle the covid virus. that's the biggest news. but we're dealing with an outbreak that's taking root faster than vaccines can fix it. >> good to see you. this is been a very extraordinary day in that sense. we now have omicron taking over the predominant strain, that's in our environment right now, it's a dangerous situation, it moves very very quickly, it replicates very rapidly, it is not entirely susceptible to the vaccine protection is some of the older strains. and there's a lot to think about there. but on the other hand, we have this other news, from the defense department, that the incredible research team at walter reed research institute, is about to start unveiling the details of a new vaccine, that might cover any and all strains, and mutations of the covid-19 virus, a mixed bag, but i think unfortunately in terms of the race against time here, we are in pretty big trouble for the next few weeks. or a couple of months, from the rampaging covid infection alley. >> phil, record from your perspective. give me a sense, put some meat on those bones that are winches talked about, there is real fear that we're in real, trouble this administration, unlike the prior administration, did really come in on the basis of getting covid under control. now they are worried, because they're seeing diseased his, takes these projections from the cdc, about how bad this could be come in the next month or so. >> that's right, this is becoming a political concern, in addition to a public health concern. for the administration, part because of president biden's campaign promise, that he was going to take control of this pandemic, and he was going to tame. and help america navigate this crisis, but it is getting, worse it's flaring up by the, day it is of course not president biden's fault, that this new variant has emerged. and that it is so transmissible, and it's spreading so quickly. and yet, i think the frustration that so many american people have, over this covid winter, over the fears of holiday travel, over the shortage of testing equipment, at pharmacies in cities all across the country. that is all compounding what is already been a priority dour political season for president biden. >> meanwhile, katie, the work of the january six committee, and justice department continues, we now have two separate things going, on michael flynn when we all remember as the first national security adviser to the former president. he is now filed suit against the, committee and scott perry the republican member of congress from pennsylvania, he did not get his subpoena, he got an invitation to cooperate with the, committee and he, said not interested. >> absolutely. the flynn lost two is interesting. he's claiming the committee is impairing his freedom of speech, he's also makes the statement that he truly does believe something happened during the, election that was wrong, and that was, often that's absolutely fine for him to believe. which is true, but his lawsuit is interesting because the committee is not saying that he has to believe one or the other. the committee is not trying to say would it is he should tell them. the committee just wants him to come in and answer questions. and he can invoke his fifth amendment right, to not incriminate himself, so it's unclear how successful this lawsuit will be, because it will be difficult to prove that the committee is in fact in any way, infringing on his first memory to free speech, i know that he wants to stop any data transmission from cell phone providers. or telecom providers, and that he wants the committee basically to not ask him any questions, they will be interesting to see where this lawsuit, goes i think in the end though, we will see some of a stalemate, because it's very hard to believe the committee will get any information about. him even if the lawsuit fails. >> erwin, i want to ask, you in your title you the founding director of columbia's national center for disaster preparedness. with the presidents made it, clear what people are thinking about what's happening today with covid, as resembling march of 2020, things are very very different. we have a vaccine. we have a lot of people vaccinated. but there's some strain that we're expecting on the health care system. and the white house announced, help for the health care system. 1000 medical professionals. i don't know what it is exactly that they'll be doing, but they're deploying medical professionals around the country, to deal with some of this shortages and backlogs that we have. >> right, this is a very strange situation. the fact of the matter, is even before omicron, the delta variant, was surging like crazy, we've had hospital systems across the united states, and by the, way speaking of politics, as philippe mentioned a little while ago, this is a very political situation, because the unvaccinated people in america, are pretty much in the red states, in the counties that voted for trump. it's extraordinary that politics and ideologies enter itself into this public health crisis. but the fact is, we are going to need help. in supplies of personnel and so on, in many hospitals that are or will be in the near future, overwhelmed by covid-19 cases. >> phil, it's kind of wild, president trump talked about how he got a booster, he got booed the other day for it. the president today invokes donald trump, it said hey, it might be the one thing we agree, upon that he got a booster and i get a booster, joe biden seems frustrated with the inability to convince that percentage of people who have not get boosters, or didn't get the vaccine in the first, place to get on that. >> ali, the problem here stems from the end of the trump presidency in the beginning of the biden presidency. when donald trump refused to sort of fully advocate, and become a champion for the vaccine. which would've been such a pleaser political win for him it was his administration to his credit. the head of operation warp speed, that put so much pressure on the fda, in various government agencies, to speed up the approval process for these vaccines to get the shots into arms as quickly as possible. and yet trump did not become the face of that campaign, in fact he cast doubt on the how worthy the vaccine would be. he allowed a lot of misinformation to spread, within his political movement. within the maga forces around the country. and, it's a major factor in why tens of millions of americans continue to this day to be unvaccinated. and are resistant to following the public health guidelines. you heard from president biden again today. that those who are unvaccinated, are a great risk from this new variant. those who have vaccinations, have much milder cases, milder symptoms, but if you are unvaccinated, it could become deadly. >> katie, i want to ask you about liz cheney. the senior republican on the january six committee, she said last week, that there will be public hearings, in the new year. she also talked about a line of inquiry that involves potentially targeting the former, president donald, trump for responsibility, she actually cited legal precedent under which they are deemed to have done something, donald trump and his allies, were of deemed to have done something under contrary to the, law they could actually face consequence for this work. do you know about this? >> her statements are basically applying public pressure into, places the first is signaling to the public, that there is going to be a lead, off the investigation will become more aggressive in the coming, here in that places pressure on her fellow republicans, because at the end of the, day it is really up to them to decide, whether or not the party is going to continue to support the former president, and continue to support people within the party, who deny the results of the election. that is going to be the hugely important issue for the midterms. hugely important issue for the 2024 election. where people are worried that this idea that nobody will believe the results of the election, could lead to a lot of unrest. she's kind of laying down the gun and therefore her own party, saying, this is what's going to, happen will have a public accounting and where will you stand. the second place, she's playing a pressure is a push the justice department. she's saying, if we find criminal activity, we will deliver it to your doorstep, we will deliver it to you and, referral and then it's up to you to act. so for the justice department has been reluctant, to investigate the former president, and we will see what happens, depending on what the committee finds. >> we will be talking about that a little later, there is pressure from some people who say the justice department should be doing more about this. irwin redlener it's tuesday now. it all blends together after, while it's tuesday, and there are a lot of people who have either wrapped things, up or are wrapping things up in the next 24 to 48 hours. and they're heading out to travel. we have a lot of mixed messaging out there about whether people should and how they should handle. and particularly if you're vaccinated and boosted. what is your best advice? >> my best advice in this raging surging omicron situation, is this. unfortunately, this is not going to be a free and open holiday time for us, we need to be particularly careful. we are not going anywhere, where there is not and establish that every single person there is fully vaccinated, by the way, fully vaccinated, now means three shots, forget the two shots, it's two shots plus the booster. that we are going to need to require now. people need to be tested. in the day before they go to a party, and especially so, if there are young children there who are not eligible to be vaccinated. and we will have to wear masks indoors as much as possible. when we are outside the home. so a lot of precautions, here but really necessary ali, there have been as you stated before, breakthroughs. and then of course people are not vaccinated, have the risk of getting really sick, hospitalized and dying. so another year of caution, but hopefully will be talking next year ali, and things will be a lot better. but for right now, i really implore people please, do not take chances. i love talking to the three of you. but i would really like to be talking to the three of you in a post covid world. thanks again for taking your time tonight. philip rucker, katie benner, pulitzer prize-winning publishers. and also irwin redlener. coming up we'll talk to neal katyal, with the new efforts to stonewall the generous ex committee. and later, we heard from the president today about the path forward to his agenda after joe manchin rejected his nearly two trillion dollar spending plan. the 11th hour, just getting underway on a tuesday night. n a tuesday night. let's get ready for jalapeñoooo popperrrrs! can you hand me some potato skins. theyyyy're loooaded! turns out, michael buffer speaks like that all the time. and it turns out the general is a quality insurance company that's been saving people money for nearly 60 years. and in this corner, coconuuuut shriiiiiimp! for a great low rate, and nearly 60 years of quality coverage - make the right call - and go with the general. let's get rrready for garlic breeeaaad! ♪ ♪ 'tis the season 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[♪♪] powerful skincare ingredients come dermatologist-recommended, and there's a brand that offers them at an affordable price. try olay skincare. olay regenerist, with 99% pure niacinamide provides 5 times the hydrating power of a prestige cream; while olay collagen peptide visibly firms and reduces the appearance of fine lines and wrinkles; and olay retinol 24 brightens and smooths the skin while you sleep. for dermatologist-recommended ingredients at an affordable price, try olay skincare. small businesses like yours make gift-giving possible. now, comcast business has an exclusive gift for you. introducing the gift of savings sale. for a limited time, ask how to get a great deal for your business. and get up to a $500 prepaid card with select bundles when you switch to the network that can deliver gig speeds to the most businesses. or get started with internet and voice for $64.99 per month with a 2-year price guarantee. give your business the gift of savings today. i would support a subpoena for comcast business. powering possibilities. anyone who's relevant to the investigation, to determine whether or not these are going to be subpoenaed by their title or positioning. this goes with the issue of justice being blind. someone refuses to come forth in voluntarily participating in a lawful process that is designed to hold their democracy, and we will subpoena them. and if they fail to comply, then we will refer them for criminal contempt to the doj. >> that is democratic congressman, david crow, saying that he will back a subpoena for fellow house member, scott perry, for failing to cooperate with the investigation to cooperate for january six. the generous six committee has yet to subpoena the pennsylvania congressman, but the panel did say this. quote, the select committee prefers to get the relevant evidence from members cooperatively but if members would direct ugly relevant information and instead of endeavor to cover, up the select committee will consider seeking such information using other quotes. >> neil cocktail, department of justice veteran, and former acting general during the obama administration who has argued dozens of cases before the united states supreme court. neil, we always turn to you when we have these complicated issues. the shouldn't be that complicated. scott perry is a member of the united states congress. he is a duly constituted committee and they asked him to come forward with information. they have been subpoenaed him. but he came back with this wild swing in response that calls them left this relic calls and talks about afghanistan. but he is not interested in participating with them. >> right. this isn't that hard. it's exactly for the reason you're saying. scott perry is not to be confused with rick perry who would probably rather abolish the department of justice than co-opted and turn it into the department of insurrection. that is scott perry. he is the guy who worked with jeffrey clark of the justice department to try and flawed a coup. and it's not surprising that he is afraid to cooperate. the theme of all of these stories is that these people are refusing to go and tell the truth under oath because they are afraid of what congress might find. and you have to break every norm in the book to reach we're scott perry is. this is his own body saying, congress. saying we want to know what happened. just tell us what happened. and with the? it makes fake argument after fake argument about how the january six committee is illegitimate and all sorts of nonsense about inflation. it has nothing to do with it. the bottom line is, you are there and tell the truth about what happened. and if you feel like you did nothing wrong, then you should have nothing to hide. >> so neil, for my parents who are watching this tonight, at some point they are going to say, this is united states congress. if you get a letter from them, a series of invitation, all the way to subpoena, and they asked to participate and come forward, genuinely speaking, you think most people would. what are these other tools that the committee says they have in their tool box if a guy like scott perry says, forget it? >> you're absolutely right. if it were you were meek being called before congress, of course we were going to testify. and it should be heightened if you're a member of congress. and it's your own body. the two rules they have our contempt, which you were mentioning before. to formally try and say a crime is being committed because you are failing to tell the truth to congress. and the other is a criminal contempt. that is what's being used with steve bannon right now. the other mechanisms that congress has is the inherent contempt authority. they could actually jail this member of congress on their own if they wanted to and say that that is the price for not telling the truth. that is a part that goes all the way to the funding. because the last thing i would say is that they do have the power to expel them under the constitution. but that would require a super majority vote by the congress. >> i want to ask you about liz cheney. last week, she said something about, well, let's play what she said about donald trump. >> did donald trump, through action or inaction, corruptly seek to obstruct or impede congress's official proceedings to count electoral votes? >> remarkable language that she use their. sheath shot this there very well. did donald trump through action or inaction, corruptly seek to obstruct or impede congress's official proceedings to count electoral votes on january six? that is very meaningful. the question that she is saying that the committee wants to look into is very meaningful. because if the answer is yes, she also stated the legal grounds on which one could pursue action against donald trump. >> exactly. so liz cheney is an excellent lawyer. she is making two points. both of which are a little subtle. but they both turn on the statute, 15 12. it's a criminal statute that makes it a felony to obstruct an official proceeding. what cheney is referring to is that now three different federal judges in the d.c. district court have all said that the statute was potentially violated on january six by insurrectionists. and the insurrectionists will, the judges found, didn't have to intent violence. they just needed to intent to stop the count that would otherwise happen. so that is cheney's point. are these by the way our trump judges. trump appointed judges who have made this determination. the other thing she is saying is that it is not just trump's action but his inaction. trump is saying that his defenses he didn't like the math. but by all accounts, cheney is saying, at least you sat in front of the fire truck toasting marshmallows if you didn't like the match. and whether or not donald trump meets the legal definition of obstruction. i'm pretty sure that he wasn't exactly advocating the ground to march to the capital and count the votes. he was urging them to stop that count. >> right. >> and that runs you into a federal crime. that is why cheney's remarks are so important and why donald trump this week has been even by his own standard, more off the rails than usual. >> and the issue here, she uses the words corruptly, because that's important, stick to obstruct or impede. if you cannot charge people who were involved in january six with obstruction, then it stops being a felony. it becomes a misdemeanor. which is destruction. which is more like protests. and that is the argument, i guess. i am oversimplifying it here. but that is the legal argument that some of these people are making. it was a destruction, a protest, it was meant to be a protests. versus the obstruction of an official proceeding. the impeding of an official proceeding. and that is what this hangs on. >> exactly. when she refers to those words, corruptly, impeding official per feeding, that is from the federal statute, 15 12. and that is different from the misdemeanor statute. by the way, when the president kur mits a misdemeanor, that is a huge thing by itself. but what i think cheney is pointing to is that it doesn't look like a misdemeanor. it looks like a federal felony. that is what the investigation in part is deciding to do. the january six committee, as they suspect they, will that donald trump violated 15 12. that is their obligation to make a referral to the justice department for a criminal prosecution of the former president. i know that that is a very serious thing. i don't say that lightly. but that is because what happened on january six was deadly serious. >> let's follow that to its natural conclusion. there are a lot of people who say that this january six committee is piling up lots of evidence that perhaps merrick garland and the justice department should do something about. in the case of the criminal referral that they make for steve bannon, it resulted in an arrest. in the case of mark meadows, they are still sitting on. it it's a little more complicated. because unlike steve bannon, mark meadows did actually work for the president. so the issue of executive privilege may come up. but where is married garland in this? and where do you believe merrick garland should be? >> i think he's doing things largely right. he is silently having an investigation looking at all of this stuff. he's made the criminal prosecution based on the congressional referral of steve biden. he is now looking at meadows. and there have been lawsuits after lawsuits trying to stop garland and others from doing their job. i think that they have done a fairly good job in defending all of that off. but at the end of the day, we are almost a year after the january six attacks. and the american people don't have a lot of answers to a lot of basic questions. that is really concerning to me. i think merrick garland has done things largely right. but i think he could be more forthcoming on certain aspects of this. for example, is it, and does garland believe that the trump department wrongly closed a criminal investigation? would they be able to reopen it? that's a simple argument that the thing that is something he should be talking about. but garland is a very quiet individual. when he was a judge, he almost never spoke to his speeches. he has carried that through. and i understand the reasons for it. but right now, we are in a media world where jokers like steve bannon and moe brooks have big microphones. and right now we are not hearing very much from merrick garland. you heard from you and me. but you're not hearing it from the attorney general of the united states. >> the wheels of justice maybe turning but we might want to hear some of that machinery. or at least some people may want to. harriet >> neal, good to see you, you make things clear for. us neal katyal form, or acting solicitor general in the obama administration. okay, coming up and what we know about to these democratic hurdle to plot the path forward with the build back better plan. tonight, when the 11th hour continues. hou continues. clerk: hello, how can i? sore throat pain? ♪honey lemon♪ try vicks vapocool drops. in honey lemon chill. for fast-acting sore throat relief. wooo vaporize sore throat pain with vicks vapocool drops. some people, think maybe i'm not irish because i don't hold a grudge. but i want to get things done. i still think there's a possibility of getting build back better done. >> democrats are still searching for a way forward on a signature part of the presidents agenda, democrats held a virtual caucus meeting a few hours ago to plot their next moves. the big question was, would joe manchin make an appearance. in fact he did. as for, what if any good it, did that remains to be seen, for more we're joined by david plouffe, former obama campaign, manager and senior adviser to the president, and mike murphy, were better in -- co director for the center of political future at the university of southern california. he's also a hope cohost of the "hacks on tap" podcast. good evening both of you. david let's start with you, we were not sure whether manchin would show, up but it for everyone who was speculating whether he would show up to this virtual merge unsee meeting, my question was, what happens if he actually does show. up will people bite their, tongues or will they have an eric grievances. will they look for a way forward. do you have any idea what happened in that meeting? >> i don't, yet i'm sure in today's, world a lot leaks, out so i'm sure by tomorrow morning will have a sense. i think it's good he attended. that there is no guarantees, given what's happened over the last, week but i still think major elements of build back better have a very good chance of passing. and i think, that will be the work in january. that and making sure we pass voting rights legislation that protects our democracy, and does not turn this country into an attack russi. the truth is, manchin and a lot of democrats are not that far apart. this ought to be something that can get, done it's important to get done for the country, most important it's also important to get done for politics. i think you're going to watch amok rats to be as excited next, year about the election as possible for turnout, but also the republicans have opposed all of these things. that we are democracy, a childcare tax credit, long term care, the infrastructure bill was a notable exceptions in the senate by some brave republican senators. i think it's likely, this gets put back together. it's not going to be everything every democrat wants. but it is still be significant, i mentioned this, because we don't know what's gonna happen after 22. i hope this doesn't happen, but the republicans could win back control of one, chamber maybe both, this is your last chance, perhaps in a while to take a big swing here, and help out hundreds of millions of americans. >> mike, interesting view. you don't disagree with the idea that big swing. you definitely think there's a messaging problem here. though that on one hand, the democrats are all in on policies that are known to be popular, across the country. amongst voters. on both parties. on the other hand, you're worried about how this is looking, and how this is going down. >> from biden's point of view, i'm a conservative, i'm not a fan of a lot of the spending programs. but he has a huge political problem, and he needs to reset, the democrats can no longer make the mistake, they paid a big political price, of confusing partisan control of the senate, with ideological control. they asked manchin to go into places where joe manchin from west virginia, where joe biden got under a third of the vote. can't go. the question is, now can they chop it down to some of the most popular elements. pass those, and have a fight over the other elements. because it's an election year, in a lot of what the senate becomes as a platform, to try to control the agenda of the election. they have to accept mansions as a facts of life. they have to slim it down. and they have to pass something, and then go on offense of other things. i think that's the smartest move for them. can they executed? i don't know. i'm still not sure. the problem with build back better is nobody knows what's in it. if they were to break it, up they could fight and things people do understand, like program, one program two, program three. even if they don't pass. then they get the issue. >> tell me how that works, first, i'm curious whether you agree with mike's, idea you sort of suggested yourself, do it in smaller bits, but hot is that become reality. at what point does someone say, will stop talking about this is build back better. or were going to call it something else. or restarting again. you're hearing it from the president. you heard it from the vice president yesterday in an interview with cbs news, but what is this actually, what happens now? how do you turn the ship around? >> reality needs to dictate. i think it's whatever will get 50 votes in the, senate 218 votes in the house, and joe biden's signature. if that is build back better to point, no that's a little bit smaller, a little more focused great. if it's taking individual votes great. i think, the reality is from a political messaging standpoint, i do think, it's hard enough to so one bill, it's really hard in my experience, to so big packages that have multiple parts. it may be easier to break it. up and you give each one a week, can he get on the road, and you get a lot of interviews, but the reality will be, it's kind of whatever joe manchin, nancy pelosi and chuck schumer say, in terms of how do you get this done. >> mike you're nodding. you agree with that. >> they have the power, here the only thing i would say from biden's point of view politically, is he's in trouble now because he's perceived to be weak, he's a bystander. biden out again in front of whatever manchin will actually go for. and declare victory and move forward. so he gets the starring role, again it looks like he's in control. the reality is, exactly what david said. those are the three people driving the legislative ship. >> guys, stay with. may i want to take a quick break and come back and continue this discussion with, you coming, up the dark and disturbing themes of division and political violence, right out in the open. now in the extreme far-right, when the 11th hour continues. ight when the 11th hour continues i've been telling everyone... the secret to great teeth is having healthy gums. crest advanced gum restore. detoxifies below the gumline... and restores by helping heal gums in as little as 7 days. kyle. crest. the #1 toothpaste brand in america. kyle. kyle. kyle. kyle. >> now, you'd be forgiven for assuming that was some kind of wrestlemania introduction. no, that was yesterday's carefully staged an overly elaborate introduction. an event for ultraconservative young people, for another than kyle rittenhouse. then 17-year-old, who shot and killed two people, and wounded at third last summer, at a black lives matter protest. with an ar-15, that was not obtained legally. after crossing state lines. rittenhouse was acquitted by wisconsin jury less, monday verdict that was celebrated. by seeming to embrace political violence and vigilante-ism. with us, david plouffe and mike murphy. mike i don't make it a habit to watch turning point usa, this event that's been on. but it had a weird tinge to it this week, there's a lot of guns stuff. and a lot of guns, as the last stand against the government, in protecting your liberty. and then there's this weird rock star kind of thing for kyle. feels like they might have lost the plot on this one. >> look, american politics is a big thing, we're into dangerous territory these days. there's plenty of room for this kind of freak show, i guess i'll call them internet celebrities in the political world. they can have conventions. it's kind of like the white ring version of the start trek convention. it's not where the center of the debate is, i would say it's a symptom of the stupid implication, on the far-right. that they're starting this hero worship of figures like that. >> david, when might put it's that way, i'm a little more relaxed about the whole, thing i do worry though. when i was listening to. i was hearing a lot about guns. in sebastian gorka talking about second amendment stuff, in a civil war but not to rush into it. it's not here yet. sunday more scary. what is it, is it something that's worth worrying about? or is it, okay you guys are the fringe of the right-wing at this point? right, well if it stays to use mike star trek examples as the scotty's of the republican. that's okay. but when it goes kirk and spark, you've got the christmas cards that we've seen with people fully loaded with assault weapons. you've got more members of the house, the fringe member of the house talking about it. the notion that we are not going to see political violence again in this country, i think sadly, is naive. they are not being subtle about their into it. and i think as much as build back better defeating the pandemic and overcoming the next few weeks of omicron, these are critical issues for the country. the big issue though is the big issue. which is that there were violent terrorists who tried to overthrow our government, killed police officers and are sending the message that they are going to basically defend what they believe the country should be. which is for a lot of them, another top chrissy. so the real question to mike's point about the center, i think we are to 65% of the country. sadly it's on 95. but who do not want to become an autocracy. and the question for 22 and 24. and some of those people need to hold their noses to vote democrat. but right now, there's only one party that is firmly committed universally to the notion that we should remain autocracy. and that we should keep violence out of our politics. and that is the democratic policy. the democratic policy are going to be super welcoming and open to all comers to allow us to get through this threat about democracy versus a top rusty. so right now it is fringe but i am worried like you are that we begin to see and believe more into the republican party. >> let me just add -- >> just before i hear your response i want to say that i called call rittenhouse call cheney, culturally is a well respected journalist. he is with political. it is called rittenhouse i am referring to. but, mike, what is your wall to what's david's saying. how do you keep this out of the center of this political movement? >> they make a lot of noise because they are friction. the commerce of cable tv are fun to put the spotlight on because they get everybody wrapped up. but the question is, what kind of part do they have in the primaries. the republican party is not all in that corner. we are going to have a civil war. the question is, are the fringe who are easiest to find in the house, but also in state legislatures, going to increase and have real power going forward? and how much is donald trump as kind of the tip of the spear, don't occasionally -- when they got booed. to nashville >> this is a perfect way to go to. and a lot of us are against that stuff. and we want to have the civil war over the next two election cycles and see what the republican party really decides to be. the very fact that it's being tested about this is bad news. and a sad sign of where we are. but that is the fight that is happening now and it has to happen. >> david, mike makes this point that there's this weird overlap on the fringes of the right right now. with this stuff and second amendment stuff with liberty. and it's the same stuff that has happened with vaccines. we knew that there would be some vaccine hesitancy in this country, there is all over the world. but somehow this has become a main state of this group. >> yes. of course. almost all of the exception is are appealing. they have had two shots and been boosted. it is not on the same level, sadly. the only thing is that they really believe. that that is my -- in competitive house districts, gubernatorial races in 2022, and then the big enchilada in 2024 which is the presidential primary. which dates to people off to go through? and if it is people who are going to love kyle rittenhouse, love louis gohmert, love marjorie taylor greene, i think the republican party is going to have a hard time doing while. and so much of 2022 is going to come down to that. do they nominate some people who are like glenn youngkin in particular? it was kind of like mitt romney to point to people in virginia. but it fit is the picture that come up through these primaries, they're going to use -- lose some of those seats. >> i think it will be a good year -- sorry ali, i didn't mean to interrupt. >> finish your thought. mike >> voters are going to have to choose between the list of the polls that are accurate and the frustration of the biden administration versus in some cases. watch trump republican candidates. and the southerners where that will play out. >> guys, i could talk to you all night. thanks very much for your time tonight, david plouffe and mike murphy, i appreciate it. you never know what you might find at the back of the office after months of work from home. we'll tell you about that when the 11th hour continues. th hour continues. just one pill a day. 24 hours. zero heartburn. because life starts when heartburn stops. take the challenge at prilosecotc dot com. [♪♪] powerful skincare ingredients come dermatologist-recommended, and there's a brand that offers them at an affordable price. try olay skincare. olay regenerist, with 99% pure niacinamide provides 5 times the hydrating power of a prestige cream; while olay collagen peptide visibly firms and reduces the appearance of fine lines and wrinkles; and olay retinol 24 brightens and smooths the skin while you sleep. for dermatologist-recommended ingredients a physics professor in harlem at an affordable price, try olay skincare. got a big surprise while sifting through his office mill. nearly $200,000 in cash was sent to him in an ordinary cardboard box. the unusual donation is going to good use. a report tonight from nbc news correspondent, candy centers. >> physics professor is all about solving mysteries of the universe. but who sent him and city college in new york, this box filled with cash? is tonight a mystery unsolved. >> you see this money on you're not sure how much it is. but what are you thinking? >> i'm thinking. wow. i've never seen this kind of money in my. life >> 180,000 unexpected dollars. a letter with the catch said in part, assuming that you are a bit curious as to why i'm doing this, the reason is straightforward. a bachelor in masters degree in physics from city college resulted in a long, productive, immensely were warding career. adding to the improbable story, the box with $90 in postage, was milled in late 2020. but because of the pandemic, it's set an open for ten months. >> somebody at the post office, somebody trusted the post office, somebody trusted the mail, room and they trusted the whole system. that is another great part of the story. >> the fbi investigated agents and administrators to say that the money is legit. >> the name on the box, kyle paisley. but there's no city college graduate with that name. >> is the name bananagrams? >> at some point, it dogged on to meet that the person doesn't want to be found. why should i do it? >> a physics professor with newfound scholarship money. and a mystery that he now chooses not to solve. carrie sanders, nbc news. >> and coming, up even more good news tonight about the days ahead when the 11th hour continues. hou continues. do you take aspirin? plain aspirin could be hurting your stomach. new vazalore is the first liquid-filled aspirin capsule clinically shown to cause fewer ulcers than plain aspirin. vazalore is designed to help protect... releasing aspirin after it leaves your stomach... where it is absorbed to give you the benefits of life saving aspirin... to help prevent another heart attack or stroke. heart protection with your stomach in mind. try new liquid-filled vazalore. aspirin made amazing! i've been telling everyone... try new liquid-filled the secret to great teeth is having healthy gums. crest advanced gum restore. detoxifies below the gumline... and restores by helping heal gums in as little as 7 days. the last thing before we go the crest. the #1 toothpaste brand in america. last thing tonight, before we go tonight, are are you tired of the you tired of the sun sun going down so going down so early? you had enough with early? have you had enough the short days and of these short, days and the long cold these long cold nights? well nights? some good news for you. some good news for you today, we mark the. today winter souls we mark the winter just. the official solstice, the official start of winter the. start of. winter word solstice means inland, that the world solstice means in london that the sun is the sun is standing standing so. that's still. that's because solstice darts the very because so studs marks where the moment, where the northern hemisphere is tilted northern had missed fear is tilted for this from the for those from the sun. sun this this results in result in the the shortest and the shortest and the longest night of longest night of the year. the. you're not that that might not sound like good news might not sound like good news at first, but what is it first, but what is important to note important to know here, here is that is that every every day after day after today, the today, the days will get a little bit days will get a little bit longer. the sun will longer, the sun will set a little bit later. set a little bit and we will inch later. we will closer and inch closer and closer back to closer back to some. that summer. may be why so many traditions of that may be celebrations around the winter solstice this, are held every year and in goal. at the prehistoric monument gemstone hedge. it's believed that the stones were frame to shape the -- solstice. on the day of the summer solstice. now many see the winter solstice as an opportunity for renewal to get out of the darkness. so let's go with that. that is our broadcast for this tuesday night. with our thanks for being with us on behalf of all of our colleagues on today's nbc news. oh goodnight tonight on all in. the right wing descent into darkness continues, tonight the glorification of violence by way of kyle rittenhouse. what it means to the country. then, as the january six probe considers criminal referrals, for the former president, congressman adam schiff, and his republican colleague, that the committee says has information directly relevant to the investigation. plus, hunter walker with new reporting on the trump campaign's connection, to intimidation of a georgia election poll worker. and my interview with the director of the cdc. and the president's new push to deal with omicron. >> former president trump announced he has gotten his booster shot. it may be one of the few things he and i agree on. >> when all in starts right now. good evening from new york. i'm chris, he is the only reason that anyone knows kyle rittenhouse's name, is because he shot three people, and killed two of them. last, month rittenhouse was acquitted on all, charges after his lawyers argued, that he acted in self-defense, when he shot those people. i

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