far-right military gang, called the oath keepers. that's a big deal for a number of reasons. first, here is how the law defines seditious conspiracy. i'll quote for you. if two or more persons conspire to overthrow, put down, or to destroy by force the government of the united states, or to levy war against, them or to oppose by force the authority thereof, or by force to prevent, hinder, or delay the execution of any law of the united states. now, that law on that charge, the dishes conspiracy, was most notably use against puerto rican nationalists in the 20s it century. in fact, that moment they were charge, for was the most violent moment to happen to the capitol. four of them stormed in the capital, injuring five representatives. but, in recent decades, there is also the use against right-wing anti government groups. including, a group of white nationalists who were charged with sedition, ultimately acquitted by all white jury in the 1980s, after they tried to overthrow the government and establish an all-white colony, and the pacific northwest. also use against a christian -- back in 2012. they were let should be part of their own revolutionary plot over the government. the testing judge ultimately testing threw out the charge. so, testing it's got a bit of testing a checkered history, in some ways. testing testing nonetheless, there's a clear testing testing testing testing precedent with the charging testing -- which brings us to testing the testing oath keepers. testing another right wing, anti government yet another white crew. ring the group was founded in anti government group. 2009, via roads, a yoke the former graduated, in lord or response to the election of barack obama. it is lawyer reportedly made almost. up of reportedly former law enforcement made up military officers of, which inherent presents a bit of inherent contradiction for contradiction. the idea is to stand in any anti stand opposition to the in oppressive tools of state opposition to violence and power the state. so the rules and purpose, power found in the the purpose of the oath keepers, is to remind those oath keepers currently serving of their is to remind oath to defend the people of their oath to constitution, from the the cons groups perceived enemies of the political left. it's situation from the groups. about, who wields power, as opposed to, equal justice under law. so, roses your far-right extremist, who believes the they government to win, believe the not controlled government, only by his people, not controlled by his faction, his is oppressive, tyrannical people,, conspiracy is oppressive, to take tyrannical, and away our freedom. in conspiring to keep away august of 2020 he tweeted, your freedom. quote, civil war is here right now. before getting fanned by the platform for inciting violence. back in 2000, nine he outlined his anti-government position with my former colleague, chris matthews. >> i want to know when you would call your force together -- >> it's not about colin forces together, it's simply saying order the rights of american people -- were saying simply don't fight -- >> oh, okay. keep that in mind. don't obey lawful orders, that seems when listening. as with a number of other far-right groups, oath keepers were heavily involved in the enter the capital itself. this is a fascinating detail. this indictment of him capture something broader, then just the crime of physical entry, which is wet it has nabbed most of the people who are charged. they were caught inside the capitol,. with roads, the crime was the conspiracy to stop the peaceful transfer of power, and overthrow the government. again, reading from the roads indictment, as they put it, quote, beginning in late december 2020, by encrypted in private communications applications, roads in his various coconspirators coordinated in plan to travel to d.c., on or around january 6th. roads and several coconspirators made plans to bring weapons the area to support the operation. the indictment, also reveals, the oath keepers plan to -- quick reaction force, or q r f teams. we've heard reporting about this, but it's part of the indictment. the purpose, wait somewhere off-site with firearms, and then bring the guns to the capitol later, presumably, once the oath keepers and the mob had gotten inside, and taken over. quote, while certain oath keepers members in affiliates inside of washington d.c. breached the capitol and grounds, others remain station just outside of the city, into our if. teams the qr views were prepared to rapidly transport firearms and other weapons into washington d.c. in support of operations using force to stop the lawful transfer of presidential power. think about that, for a second. go into the capital, use the mob, get in, occupy it, and then move the guns in, so you can't be dislodged. so that the peaceful transfer of power can happen. -- and other weapons to the capitol, to stop the peaceful chance for a power by force. with the threat, or potentially the use of deadly violence. one of the reporters of nbc news cover this image, from a pro trump message board, from the night of january 5th. where somebody with the name, -- posted a picture of their firearms cash, with the title, ready to head to d.c., gun staying safely, virginia just a few blocks away. this was real. this was the real thing. this was a real and credible threat. they wanted to use force to disrupt the peaceful transfer of power, in this country, in other words, they were engaging in seditious conspiracy. i'd say that's a pretty big deal. because, the idea of the january 6th insurrection, it interregional with oath keepers, or steward roads, or anybody in that crowd. no, it was the logical conclusion of donald trump's coup attempt. after the former president exhausted all of the -- pressuring state and local election officials, to change the results in his favor, and he told george's secretary of state to find votes in order to win, and he had his lackeys draft a memo, about how much mike pence could overthrow the election -- and he worked to disseminate that plan, and both personally with his cronies, pressure mike pence to go through that plan. after all that failed, donald trump was out of options. he fell back on the last one available, on that, morning as he spoke, which is overturning the election, through brute force. so, he whipped his crowd of angry supporters into a frenzy, and he launch them at the capitol, even as we now know, some of these organizers of the january 6th rally, had explicitly lobbied against, that because they were worried it could not be secure. that it would lead to dangerous violence. as the crowd made seats to the capitol, using boot force to interrupt a piece of power, threatening members of congress, assaulting police officers, chanting that they wanted to hang mike pence, trump sat there and watched it all on tv. even as the house minority leader, kevin mccarthy and his buddies on fox news, and even his own children begged him to intervene, to stop the crowd from using force to stop the peaceful transfer of power. no, trump let it all unfold for hours, as they used force to stop the transfer of power, before releasing a halfhearted video, telling his supporters he love them, and to go home. after it was clear that they would not be able to use violence to prevent the certification of fair election, as outlined in the electoral -- as you know, i'm not a lawyer, donald trump is not being charged any crimes. but, golly that your sounds like a seditious conspiracy to me. to use, quote, forced to hinder, or delay any loss on the united states. doesn't it? >> huffpost, has been covering the investigation closely, he joins me now. brian, you are as right up on this is anyone, and i have been following this. how big of a deal -- >> this is a big deal. , this is a charge a lot of people have been waiting for. it's been a number of different charges that have been used against the defendants. sometimes getting a bit creative, in ways that are clearly under the law, -- people anticipated how they were being written. i think that the seditious conspiracy charges is a really interesting, because if you -- meet that charge, what is on the books? for a perfectly describes operation, here, of what these acts people were doing. i think long it's long overdue. they got to this new platform. >> rhodes's been a notorious figure, because people knew he was the oath keepers founder, they knew he was around this, and he had not been charged -- the linchpin not, been searched what is his significance particularly -- >> i first interviewed him a decade ago, and this is where we are today. within big head of conspiracy, this is been building for a while -- if you look back on the -- with the oath keepers. i was visited by the fbi a few months ago, you had another member of the oath keepers who started cooperating, who reach for a plea deal, with the cooperation component. there's been these little hints along the way that they were moving to something bigger. of course, do roads has been in this indictment, and his previous indictments, as an individual one, the whole time. it was sort of obvious who he was. i think it's been building into this for a long time, but it's remarkable to see, especially so close to the one year anniversary. you almost wonder whether or not the plan had been to -- for merrick garland speech, where he said nobody was off balance -- he was sort of laying out the potential for a broader case like this. this is what we see today. we have to keep in mind -- i think there's a huge distinction, because that case was basically build off of the possibility of something happening in the future. it wasn't like a determined -- it was sort of, -- this case, on january six, this is with a plan to do, this is what they were going to do. it was against the u.s. capitol, -- >> this is not the sort of terrorism charges that you usually get, post 9/11 era, like an fbi agent -- do you want to buy a weapon to do something terrible -- they did it. in fact, let me just say, let me read some of the details. in a message that rhodes urged his followers to refuse to accept the election result and stated we aren't getting through this without a civil war. too late for that. he also calls for bloody revolution on december 22nd, 20 2020. road stated if, present elect biden were to assume the presidency, we would have to do a bloody revolution against them. -- describe in january six, 2021, as a hard constitutional deadline. finally, there's a list of the weapons purchased in the weeks after january 6th. sites, mount, scopes, ammunition, duffel bags. they were -- as much as it might have started as cosplay, this was very real, ryan. >> yes. those are real weapons. there's a little bit of this -- it seems that cosplay, it seems pretend, everybody is putting on a tough guy demeanor. we've seen the oath keepers show up to events before. they've been all over the place. it's been brewing for so long. but it all came to the peak on january 6th. there have been passed things that they have organized around, -- there's been a number of things. this is the ultimate this -- is the moment. >> all right, ryan reilly. thank you very much. i want to bring in -- georgetown university -- carolinas, drags me there is this profound question it's almost a constitutional one. white graver crime can there be then essentially overthrowing the government? particularly, if you are the sitting president of the united states. this is a tool, and these kinds of laws -- that can come or used to squash dissent they, can be dangerously targeted by marginal figures. in this case, it feels like the person plotting the seditious conspiracy was the -- well that's absolutely true, and i will say, the anything that matters if you're writing a case book and trying to illustrate exactly what's seditious conspiracy is, this would be your example. it could not be more on point. it could not be more fitting. it's worth reminding people that it involves conspiracy to overthrow and put down by force, the government of the united states. what is this if not an exact illustration of the carrying out of that statute. with donald trump's role in egging them on, it will be very interesting to see where they go next with this. i think a lot of people thought, it's about time. it seemed very clear that there was a conspiracy here, and the -- it seem like an obvious death. again, with the state has marshaled is voluminous. the indictment itself is chilling to read. i think we all knew this. the sense of how much they had been planning. the weapons they had been acquiring. the force that they had -- in coming into the capitol. but actually seeing it written down in the justice department's dry language makes it come home about would have actually happened on january 6th. >> yeah, i think i have the exact same experience reading through the indictment. and particularly on the weather weapons cache. and particularly how it syncs up with the key part of that day, which is -- the president for hours tweeting and goading them on. we know many people in his inner circle were pleading to call off the dogs. the point of the oath keepers conspiracy is to take the capital and hold it, so the peaceful can not happen -- there is the same goal in mind as we are watching this happen. we know they had the same amy and which is to stop the peaceful transfer of power. >> and we don't want to put ourselves in donald trump's mind, it's a weird place to be i'm sure. but the fact that he was contacted by many people -- i mean his son was afraid to contact him directly and went through mark meadows. but people who are in touch with him, including the fox news hulls, to get him to persuade these rioters to stand down. he did not do that. we're left with thinking that, he was really very interested in seeing this go forward. again, i think we're gonna see in the future where the justice department goes for that. will donald trump himself be brought into a conspiracy charge? do they believe that they can actually charge him with a crime? but there is a lot here for them to work with. >> yeah, i mean that is a 364,000 dollar question. i know in other countries that can sometimes happen. the coup plotters, and they're usually charged. that's the way it usually goes. you don't try and they say don't do that again. that's pretty standard in the post coup record book but we will see if that happens here. caroline frederiksen thank you very much. >> thank you for having me. >> next up, kevin mccarthy in the hot seat. the most republican man in the house says he will not cooperate. in what they call a cover-up. they're willing to say how much he's far to go to get answers. coming up after this. he's far to go to get answers. he's far to go to get answers. it shortens colds! zicam. zinc that cold! one year ago today. donald trump was impeached for the second time. this time for citing violence against the government of the united states. the vote -- was the highest ranking of those republicans with congresswoman liz cheney. the chair house women of the conference. that is the third ranking position in leadership. that's real high. right at the top. she refused to ignore that the trump participated in the seditious conspiracy. she said, quote, the president of the united states up in this mob assembled the mob and lit the flame of this attack. everything that followed with his doing. none of this would've happened without the president. the president could've immediately and forcefully intervened to stop the violence. he did not. there is never been a greater betrayal by a president of the united states of this office and oath to this commission. the vote, and those stark words, put a target on her back. trump could not have someone in leadership openly opposed to him. then they voted to remove cheney from her position. it was a secret valid and she survived -- liz has the right to vote her conscience. at the end of the day, we will be united. spoiler alert. whether mccarthy meant that or not, having someone behind him all the time to remind him that trump should be exiled. did not help. >> [inaudible] . >> yes he should. >> [inaudible] and the extent in which he said on january 6th, i don't believe he should be playing a role in the future of the party of the country. >> on that i note, thank you very much. >> you can sort of see his sole leave his body. cheney's continued to be -- house republicans held another vote to remove cheney from leadership. it was done by surprise voice vote instead of a secret ballot. you had to record whether you were -- she was purged from house leadership because she refused to ignore donald trump's attempts to overthrow the government. but mccarthy wanted to cover things up into trump's bidding. when it came time to investigate the insurrection, he decided to separate. she holds the power and now has the last laugh. our we'll see if it's the last one. he -- after mccarthy refused to cooperate today, cheney said this. >> we know that leader mccarthy was proceeding with the president to tell people to go home and police officers and others are being beaten here at the capitol. so, you know, i wish that he were brave and honorable man. he is clearly trying to cover-up what happened. he has an obligation to come forward, and we'll get to the truth. >> congressman adam shift, of california, is a member of that same selects -- he was also a member of from trump's first impeachment. he joins me today. why is it so important to talk to congressman mccarthy? >> well mccarthy, by his own a mission. was talking to the president on january six. as jaime said, trying to get the president to intervene and stop the violence. and he did nothing for such a long time. mccarthy has said, sometimes, what he said in that conversation is -- he has really said with the presidents response was. of course, it's vital to know with the presidents actions were, was they were not. what his state of mind. was no other people can speak to that other than mccarthy or trump. that is why he is a key witness. ? >> what do you make of, what is his response to not cooperate a? >> you know, it's not that surprising. even though he pledged he would cooperate to testify. because he has been engaged in trying to cover up for president trump. practically, since the insurrection, there were few days immediately after, on the attack on the capitol, where he was not placing blame on trump. he was begging forgiveness in mar-a-lago. and ever since, he's been trying to sweep this entire tack under the rug. it's been surprising, hoping and wishing that he was an honorable and courageous person. there's no chance of that. that's not who he is. but nonetheless, he is a key witness in our trying to figure out what to do about him. >> well, i mean you're not gonna get out of head. we are in interesting legal and constitutional fronts here about come howling testimony from a former member of prague -- as we've seen that happen, we haven't seen subpoenas for that kind of thing. how do you think about it? >> well, the last time this came up was the russia investigation triggered by nunes. there were two people question for information. one democrat, one republican. they both said. yes they did their due to the. but now mark meadows -- he's refusing to do his duty. we have certain remedies. potentially with mccarthy, with perry, with jordan. with house members where we don't have a steve bannon or mark meadows. that's because a house can control its own members. but then -- we have been decided on what options to use, but there is some ability of the house to essentially police its own that will have to consider. >> that is interesting, i had not thought of that. it's a good point. you do have subpoenas that have been issues now for a few of the big tech firms. this is interesting. there have been channels of communication for voluntary cooperation, i think those of broken down. i think that meta, and ghouta google, and we're at it. why are these subpoenas necessary? what are you looking to get from these tech companies? >> i am saying they were necessary. we have been trying for weeks and months to get information from these tech companies from the organizing of the attack. other items that are very important to this investigation. it's like pulling teeth. to get the documents from these companies. from meta, for example, we've been trying to get information about their shutting down of the committee they had to establish in integrity. they shut it down after the election, and the repercussions because of that. and my sense, because of the document production of these companies. they're showing us what they already have, or what we already. now we've lost patience, and we are now gonna prove require them to provide all right, congressman adam schiff. we will continue to get updates from u.s. progresses. thank you very much. >> thank you. >> coming up, the desperate search by republicans to avoid blame for january six which is new levels of delusion. ted cruz in search of redemption, is leading the charge. up next. new i was hit by a car and needed help. newi called the barnes firm. that was the best call i could've made. i'm rich barnes. it's hard for people to know how much their accident case is let our injury attorneys know he how much their accident cget the best result possible. i had no idea how much i wamy case was worth. c call the barnes firm to find out what your case could be worth. we will help get you the best result possible. he will do just about anything ♪ call one eight hundred, eight million ♪ -- tucker carlson lit him up for calling january 6th terrorist attack. cruz then went on a job to begging gravel. >> well, tucker, thank you for having me. on new energy episode last night, i sent you a text after, saying, listen i like to go, on because the way phrase things yesterday, it was sloppy, and it was frankly dumb. >> thank you for calling me, out sir, i deserve to be called out. continue to do so. that was not enough. cruises so desperate to be let back into the club, he's now carrying water for preposterous and dangerous conspiracy. it's been going on the right, you probably have heard about it. here's how it works. from the moments after the attack on the, capitol trump's many in his supporters were desperate to find a story that they'll make the daily better for them. at first, they tried blaming their usual left-wing bogeyman, antifa. that is really catch on, it's obviously preposterous. so it was replaced by a new fringe theory. suggesting that they were unidentified federal agents, circulating in riling up the crowd, attempting to launch them into these dangerous activities, in order to entrap the good hearted, virtuous trump supporters. there is zero evidence to support this theory. that has not stopped it from getting a ton of traction. top across in his devoted a bunch of airtime to it. at a senate hearing, ted cruz tried to help further talkers narrative. asking of fbi narrative about a figure who has become the star of this conspiracy theory. >> well, they're a lot of people who are understandably concerned about this. on the night of january 5th, 2021, apps wandered around the crowd that it gathered. there is video of him yelling, tomorrow, we need to get into the capital. this was strange behavior. so strange that the crowd began chanting, fed, fed, fed, fed. miss amber, gives epstein a fed. >> sir, i cannot answer that question. >> that, takers got a soundbite. of course the fbi will never runs that. question they don't discuss their form. as you could ask him of texas, fred and i want to tell you. the man whose names, rapes, is a real person. i have to say this new describes did happen you see here that ebbs was at the capitol on the sixth. >> okay folks, spread the word, as soon as the president is done speaking, we go to the capitol. the capital is this direction. we are going to the capital where our problems are. >> so, again, the sum total of this galaxy brain theory is basically that raves is there, urging people to go to the capital but hasn't been charged for anything. so, then, he must be an fbi agent. problem with that story is that ray apps himself is already debunked it. he's a trump supporter. he spoke at -- he told him he was not working with any law enforcement agency on january or six, ordering other time that he's never been an informant for the fbi. he just a guy who want to start and storm the capital where the trump supporters did. the small server lining is this proves that there is this sense on the right, that they understand how offensive the insurrection was, to most americans. they have to desperately find someone else to blame. the truth of it looks and sounds so bad. next, one of those republicans who have been actively pushing the raves conspiracy call in january six -- i'm not making this up, offense erection. turns out, he might himself been some trouble with the feds. there is a major develop in the criminal probe into republican matt gates for the. his ex girlfriend just testified before a federal grand jury, investigating the congressman, for sex crimes. nbc news is withholding the woman's name, in respect to our privacy. investigation negates began more than a year, ago one former political ally was charged with a laundry list of misconduct. gates has not been charged with any crime, he doesn't eyes all wrongdoing, says he's never paid for sex, or had sex with a minor while he was in adult. he's painting the entire ordeal as a vast conspiracy against him. >> this mirrors against me range from distortions of my personal life, to wild, and i mean wild conspiracy theories. i won't be intimidated by allying media, and i won't be extorted by a former doj official, and the crooks he is working with. the truth will prevail. >> mark a poodle, political reporter, who broke the news yesterday. that gates's ex-girlfriend testifies before the grand jury. mark, let's start with the context of this inquiry that starts with this individual named joel greenberg. who gets busted, for a whole bunch of stuff that he was up to, and we know, as a matter of fact, he was an associate friend of -- orleans knew matt gates, and spend time with him. >> right. joel greenberg was a one-man crime spree. one of florida great sleaze balls. the investigation into him, quickly lead into the prosecutors looking at matt gates. in part because greenberg wants a share of time off of his sentence, and wanted special treatment. he's one of the witnesses in this case, the other witness is another victim, -- when she was 16, she saw whether park secures, the grand jury, or investigators, or a combination of all three, that gates had had sex with her when she was 17, and that money change hands. from what we understand there's no direct evidence that money change hands from him. it would've potentially gone through greenberg. as for greenberg comes. in that brings us to the third person in the case, the ex girlfriend. she occupies an important role for prosecutors, because she can tie these various matters together. she was gates's girlfriend, at the time she, was confidant. we don't know exactly what she said, presumably, she says i'm in the prosecutors that they wanted her to say. because she is seeking an immunity deal. they did suspect euro in participating in an obstruction of justice scheme with gates. he denies, that is well. where she was on the phone with one of the women who was involved, they patched engaging through a call, and then allegedly, or purportedly, justice was obstructed in some form or fashion. again, he denies that. for months, she had been working -- for a lawyer had been seeking this deal. the prosecution was essentially stalled. that got on stalled, announced on wednesday, when she went to the courthouse. what's she said to that grand jury, in her testimony, presumably, is not in the benefit of matt so wait, gates. just so that i don't think i quite track that this had developed this quite far. so we know greenberg was cooperating. we knew that from court filings, where the feds said they kept postponing his sentencing date. now they know that he has that sentencing. day we just learned that the ex her friend testified i didn't know the girlfriend had gone before the grand jury. do we know that? >> we don't know if you she'd gotten for -- we do know that she has communicated in some way that this was the case. the government would not be at this stage in the case unless the alleged victim in this case was cooperating and some form or fashion. >> again, we don't know the future. i should note again that gates and denies this. i would say that you've called bird politics a lot, and i've covered politics a lot. particularly chicago in this thing would happen. so, you're not psyched if you're sitting in matt gates's life seeing wet life will look like for you in this federal investigation. >> yeah, i think we don't have access to all the information the grand jury has. it's safe to say that the instance of matt gates being indicted now, is higher than it was before. now that happens, this is going to go to mayor garland, the u.s. attorney general to decide the case. and even if they decide to indict him in open court, they're going to get a conviction. sex trafficking a minor, they might be applying a law in a relative way that these cases are prosecuted. this sounds like classic sex with 18 under age prostitute. there is trafficking of a minor. if you have sex with a minor, and you -- whether or not use thought he or she was not of age or -- there is a strict liability component. but sex trafficking crimes are difficult ones to prove. this happened in 2017. they were orgies, there was a lot of drugs, there are a lot of hazy memories. and there are a lot of witnesses in that case, or potentially two of them, that are providing evidence that they're giving in exchange for lower sentences from the federal government. we'll certainly see what the jury decides. >> yes, well we will keep our eyes on this. the demands that mark poodle. good to have you on board. thank you for your leadership. >> thank you. >> tonight, president biden's vaccine and testing requirements shut down by the trump supreme court. we're seeing with this means for you in the fight against the pandemic. next. every day in business brings something new. so get the flexibility of the new mobile service designed for your small business. introducing comcast business mobile. you get the most reliable network with nationwide 5g included. and you can get unlimited data for just $30 per line per month when you get four lines or mix and match data options. available now for comcast business internet customers with no line-activation fees or term contract required. see if you can save by switching today. comcast business. emergency appeal session, the powering possibilities. supreme court jested exactly why many fear they would do. they blocked the biden administration's covid vaccine testing requirement for businesses. all six justices, including the three voted by trump, voted against the pork place role. they said that congress has indisputably given osha the power to regulate occupational dangers, it is not even a agency to the power to -- he is a member of the biden administration and he joins me. now secretary waltz, clearly you thought you had the authority, what is the reaction to the ruling today? >> certainly very disappointed in the ruling. we were doing this rule to keep americans safe. to help get americans back to work. to make sure that people don't have to worry about going to work. unfortunately, the court ruled against the way that we felt was right. we talk to medical experts who supported what we are doing. we spoke to legal experts who said we have the authority to do this. unfortunately, the supreme court had a different opinion. >> part of the logic here, is this idea that it is not specifically a workplace hazard. and there go, cannot fall under osha's purview. covid is a risk that occurs in many workplaces, it is not an occupational hazard in most. covid-19 canada's threat at home, in schools, during sporting events and everywhere else that people can gather. that kind of -- is different -- the thing that is striking me here is that a, you're not required to going to sporting events or other things. and second of all, of huge percentage of the come tree has been working from home for precisely this reason. clearly has some effect on the workplace. >> it does, you're right. people are still working from home. and once a month they do jobs they in this country. people say, how come there are so many jobs open and people are not coming back to work? one of the biggest things as people are concerned about going back to work to a unsafe work environment. this was not a mandate that we did. what we did was vaccine or testing. if you chose not to get vaccinated, and you are an employer, you have to come up with a process to get your employees tested once a week. the folks who were not vaccinated will wear a mask in side work. this was not overburden sin and it was just to make sure that the workplace was safe. unfortunately, it's unfortunate that these ruling came down tonight. >> we should note that some of the court met in person, although several people were arguing to strike it down, tested positive, it seems positive -- it seems interesting, that's a workplace issue. you probably would want them in the court with you. they some of them chose to report remotely. there are some issues with testing and maxing specifically. to regulate the spread of covid in the closet they are? >> i think the fact that you looked at the omicron numbers are so high right now, we're making a decision based on not having another protocol or safety in place that would keep people safe. the ruling comes down as the omicron variant spikes. as more and more people get sick. i think delta, if i'm not mistaken, one of the airlines, the employees were not vaccinated and they were getting some symptoms from the omicron variant but no sickness. pretty back scene, they were using a person a week in one company because they were no vaccines. when we think about that, the irony is saying that we don't have the right to do it, whether the decision is made all across america to have whether we're gonna be in person or remote. i think -- >> well i just want to say that i'm really glad that they made those positive tests to catch people before they came into the workplace with covid and introduce it to the justices. you wouldn't want that thing in your workplace. >> now, you want to make sure when you go to work that you feel comfortable and safe there. the folks that are vaccinated in their workplace, should know that they are vaccinated. and to know that they get tested, so they should bring it to work. yes it worked remotely for a while so they could keep that out of their workplace. >> it was a smart thing to do. secretary walsh. thank you. >> thank you. >> all right, that is all in on today show. the rachel maddow show starts now. >> thank you chris. i appreciated. for joining us here >> i appreciate it. >> this is the dissent. this is from the start of the dissent. for justice kagan, justice -- and just and wire. i bring this to you, because every once in a while, the dissent is destined to bring louder in history than the ruling. and this has all the markers of that tonight. every day, covid-19 poses greater dangers to the citizens of this country. and particularly to its workers. the disease has, by now, killed almost 1 million americans and hospitalized on 4 million. it spreads from person to person contact in indoor spaces. it causes harm in nearly all workplace environments. it causes harm, and others have little control and little capacity to mitigate risk. covid-19, in short, is a menace in work settings. most americans have seen their workplaces transformed, so the administrative agency charged with having safety and workplaces did what congress expected it to do. it took action to make sure that it addressed those concerns. the occupational safety and health administration issued an emergency temporary standard, requiring either vaccination or masking and testing to protects people. this falls within the core of the agency's mission. to protect employees from the danger that can come from these harmfulcan come from thes harmfu osha estimates, and there is no ground for disputing, that the standard they proposed would save more than 6500 lives and prevent over a quarter million hospitalizations just in six the months' time. yet today the court issues a stay that prevents the standard from taking effect. in our view, the court's order seriously misapplies the applicable legal standards and in so doing stymies the federal government ability to counter the unparalleled threat that covid poses to our nation's workers. sbi acting outside of its competence and without legal basis, the court displaces the judgment of the government officials given the responsibility to respond to workplace health emergencies.ff quote, we respectfully dissent.i