the president's tone changed on voting rights legislation in just the last 48 hours. >> i'm making it clear, to protect our democracy, i support changing the senate rules whichever way they need to be changed to prevent a minority of senators from blocking action on voting rights. >> i hope we can get this done. iechl not sure. but one thing for certain. one thing for certain. like every other major civil rights bill that came along, if we miss the first time, we can come back and try it a second time. we missed this time. we missed this time. >> president biden knows that without filibuster reform, a new bill for voting rights just isn't going to get done. that's the reality here. and what that means is republican states nationwide are going to keep doing what they've already been doing, passing laws that make voting harder. for example, drop boxes became an incredibly popular way to vote back in 2020. but then georgia passed a law last year that limited both the number of drop boxes statewide and the hours they were actually available. and in the first election after the law took effect, the use of drop boxes around bright blue atlanta plunged. if the goal was to make voting less accessible in democratic-leaning areas, well, that worked. and now georgia republicans want to ban all drop boxes. turns out georgia's not alone here. a judge in wisconsin this week said the state can't offer drop boxes, giving a huge win to wisconsin republicans who have been trying to restrict their use. the federal voting rights bill that is actually stuck in the congress right now that we talk about every day on this show, it will require states to make drop boxes available, which seems like a great idea. again, people used those in 2020. but with the filibuster in place, it's not going to pass. and, you know, democratic senators manchin and sinema say their opposition to reforming the filibuster is merely a defense of senate tradition. right now it seems like they're defending a dirchts senate tradition with a much more sinister history back when lawmakers used filibuster to stop laws for civil rights and voting rights from passing. joining me now is democratic congressman al green of texas. congressman, thank you so much for being here today. >> well, thank you very much. it's an honor to be with you today, and i might add that in my state of texas we now have limits placed on drop boxes. we also now have 24-hour voting such that persons getting off of work at odd hours who can come in at their convenience and vote, that's been banned. and finally in the state of texas, we had drive-through voting. we're not doing that anymore in the houston area, which was very beneficial to a good many people. so i'm grateful to be with you and i do understand why you're calling it out. >> so your state like georgia and others have passed bills. again, these are possible because what was voted back in the 1960s has been gutted starting with the supreme court in 2016. that's why these laws are even allowed to exist. talk about the impact in your state of texas of limiting access to malg in ballots and drop boxes because harris county did a lot of innovative things back in 2020 that won't be able to happen in the upcoming elections because of the new laws. >> yes. you're imminently correct. i went to the polls at might to see it first hand. i lime empirical evidence. i saw people coming in to do both. these were late night workers. they have several jobs. this was a great thing for them to be able to come in and vote 24 hours. has been banned. and i saw persons also who were concerned about the drop boxes. these drop boxes were around the community, around harris county, and the governor passed an edict that would require one drop box per county. as a subtle, the size of harris county, which is huge with the millions of people, it found itself having the same limitations as a county that maybe had a few hundred thousand people. so this has been a real challenge for us, and it's absolutely necessary we restore the voting rights act. this act has made a difference, and unless we restore it, i can only see the situation getting worse. i don't see it getting better. >> do you have any hope, though, that the federal voting rights bill has a chance of passage? you hear senator kyrsten sinema and what she said about senate tradition. as i said in the open, america has a tradition of restricting the rights and the access to the ball lot bach of black and brown people. we have a tradition in that way as well. speak to the urgency in this particular moment for folks like senator kyrsten sinema and manchin to allow for voting rights protection for communities of color, otherwise these state laws that are already in effect are going to damage not just democratic chances in the upcoming elections, but it damages democracy because everyone is not able to participate equally. >> yes. in 1965 before the voting rights act was passed and signed by the president, at that time president johnson, we had about 13 women in congress. now we have more than 140 in congress, and it's because of that voting rights act. we had about six members of congress who were african-american. now we have 60 members. so the voting rights act made a difference in terms of people getting elected. barbara jordan, the great voice of the congress, a person who was renowned for her brilliance, she could not get elected until we had the benefit of the voting rights act. so my point to my colleagues would be it has made a difference, and i know that they have a position that they've assumed, and sometimes positions are such that they can be rethought. and i would ask them to rethink their positions. i recall ronald reagan when he in california as the governor indicated that his feet were in concrete as it related to a payroll tax -- payroll income tax. he said he would not support it, absolutely would not. but in 1970 he said that sound you hear, that cracking, is the concrete breaking up around my feet, and he supported it. so rethink it. give us another chance, and let's see if we can get this done. >> so this has been a really long week, i think, for everybody here who lives in the united states, but probably the longest week for the biden administration and the president because, you know, his approval rating is falling. he has these hurdles to overcome in order to accomplish not just voting rights but also the important pieces of his build back better agenda. he needs a win. what is something you think would look like a win to democratic constituencies? what do you think is the best way for the president to put forth before the voters a win and say i did this? >> i think that the voters don't always expect us to win every fight, but they do expect us to fight every time. the thing that i hear most is that people are saying we need to be a bit more aggressive with our arguments, we need to be a bit more forceful with our beliefs and our principles, and i think that the president has embarked upon what i believe to be a good course of conduct going into georgia, making the speech that he made. he is showing that he is willing to fight for that's rights, and i think that in itself is going to be a real meaningful thing to the people that have helped him to get elected. we don't always win, but we have to always fight, and i think that's the thing that will make the difference, showing that we're will going to the mat, that we will fight to the very end when we've done all that we can, and that's not getting the job done. then we just have to do some more. we just have to continue to fight, never give up, never give out, never give in. >> congressman al green, it's an important message. and i mean every e about should be able to fight for democracy. there's nothing stopping mitt romney for fighting for the democracy to be clear and all of the other republicans. green, thank you, and please stay safe. coming up, the leader of the oath keepers heads to court after being charged for his role in the january 6th attack on the capitol. we'll be right back. attack on e capitol. capitol. we'll be right back. new peppercorn ranch, new hickory-smoked bacon, new... 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the answer, zero. >> the fbi arrested hundreds. they investigated thousands. and they did not find a conspiracy for insurrection or rebellion. they didn't charge those crimes. they didn't charge anything like them. what they found was a protest that had become a riot. >> well, less than a week later the doj has handed down indictments that are going to make it a lot harder for donald trump supporters to say january 6th was just a regular protest that got a little bit out of hand. the leader of the oath keepers stewart rhodes has been charged. the indictment lays out in chilling detail their alleged plan to use force to stop the transfer of presidential power. according to the indictment rhodes messaged other oath keepers just days after the 2020 election saying, quote, we're not getting through this without a civil war. joning me now is david rode. he's the executive editor. last week we talked about attorney general merrick garland. lay out yesterday's actually indictments and what they say about the direction the garland doj is taking right now. >> it shows that they are looking at conspiracies. they're looking at who planned this, who carried it out, and, you know, it's a major -- i think this is by far the most important indictment they've done. it's a very serious charge, and i talked to a former fbi agent who tracked domestic terrorism in the past and he said he's impressed with the indictment and how they got here. for people who have been worried about garland and how aggressive he might be, this is a sign they are being aggressive. >> what are some of those details within the indictment itself that leads the legal experts you spoke to to reach the conclusion this is significant, it's not just another indictment in the 700 or so that have already come down in the previous charges we've seen? >> the big difference is that -- and the big, you know, protection in the united states is the first amendment. so people are talking about, you know, the election was stolen. you know, that's their right. that's everyone's right under the first amendment. what it shows in the text messages and, again, this fbi agent feels maybe people are cooperating with investigators, but there's talk beforehand, as you just said in november. stewart rhodes is talking about this couldn't stand, there could be a civil war. there's plans of people coming in to washington, and then that plan is executed because the oath keepers enter the capitol, try to stop this, and, look, it was a big crowd, and i think there were people who, you know, believed the false claims of the president but didn't know, you know, the capitol was going to be stormed, and there were these small other groups that were much more organized. the oath keepers was one of them. that day i remember speaking to the same former fbi agent and he was struck at how there were small groups going at different entrances of the capitol at the same time. it's a huge building, and that spread out the capitol police officers. they had all these small groups organized coming at them through multiple entrances. that video clip right there shows members of the oath keepers. so this is a -- anyway, it's a big step, and it will be a very high-stakes trial. the last thing is stewart rhodes is a graduate of yale law school. he's a lawyer and a colleague of mine who i have met many times. he was very confident he would never be convicted. he never said anything. he -- rhodes, to be fair, never entered the building on january 6th. he was near the building, but this show prosecutors are charging him, trying him, and being aggressive. >> in terms of how he fits into the larger ladder, if you will, because i think a lot of folks and legal experts we've had on have explained you start with the low-hanging fruit, work you way up kind of like in "the sopranos" and the mafia. is that what this signals? does it look like from these particular charges that maybe the doj is building conspiracy charges and going up some sort of higher arcual ladder up to donald trump. >> that is normal order, yes. it's like any sort of normal criminal investigation. you get the low-level people, you charge them. some of them theoretically are cooperating. that's what this, again, former fbi agent told me. and the question is, yeah, is there a link. to be blunt is there a link between the war room and the willard hotel and the oath keepers, you know, and the proud boys and other groups who had links with the people in the willard hotel. some of the proud boys had acted as bodyguards for roger stone. stone denies that, you know, he had any role in what happened at the capitol, but, yes, this is how the process works. you know, whether it is -- somebody would turn and testify against trump, we just don't know yet, but this is how a criminal procedure -- i'm sorry -- criminal prosecution plays out. it is a slow process. >> i think that folks that work in that space and watch that space, that's the first thing they'll tell you, like it takes time. this is going to take a lot of time. that's why there's many seasons of many of these shows where there's large-scale investigation whether it be "the wire" or "the sopranos." so sedition is apparently a hard charge to prove, although, the indictments present a lot of evidence as you said. are you concerned at all that these indictments present any risk for the department of justice? you know, what does it signal if he is right, mr. rhodes, and they have no chance of conviction? >> yeah. i think this is the most high-stakes trial definitely by far. a colleague of mine, a former federal prosecutor wrote a whole piece about this for "the new yorker." the most difficult charge is treason, and that is a specific crime. it was used in the civil war. and that is sort of, i think, a prolonged armed effort to, you know, attack the u.s. government. sedition is lower than that. it's a plot, and then you act on that plot to interfere in the u.s. government ice procedures or, you know, block the u.s. government. so this, according to legal expert, most of the things i've been reading today, legal experts think that sedition, you know, is a charge. it does appear to have strong evidence. they haven't overcharged him. . but, again, yes, the stakes are high. if stewart rhodes is convicted, it plays into every complaint that's come from militia groups, an all-powerful federal government is coming after them unfairly and that they're the victims of this all-powerful federal government and most importantly an all-powerful democratic administration. so the stakes are high, but, again, experts see this as a, you know, a strong indictment. >> the stakes are high, but this high-wire act that we're all engaged in is to save the democracy. again, you know, high stakes, but very important stakes. david rohde, thank you as always for being here and talking us through the latest with regard to january 6th. please stay safe. thank you so much. coming up, there is so much drama surrounding novak djokovic. i mean, his first round match in the australian open is set for monday, but the unvaccinated tennis star is back in immigration detention, and we'll explain all of that and why that is after this break. t and why tt t and why tt is after this break.g. 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play the villain here. then maybe you're nailing it. >> those are some of my comments earlier this week about the big old hot mess that is novak djokovic at the australian open. have you paid attention to this drama? since we talked last week, this thing has pretty much just gotten messier. the world's top men's tennis player just had his visa revoked by the australian government again. last week novak djokovic entered the country even though he wasn't vaccinated for covid. after his visa was revoked the first time, his attorneys won an appeal in court. this time if they fail, djokovic may not be able to reapply for a visa in australia for three whole years. the australian open set to begin on monday, he's included the draw, but he's back in detention facing deportation from the nation of australia. joining me now is mike bubly ka. mike, you tweeted, if joke had any grace -- you didn't call him joke. he coulded him by his government name. if he had any respect for the tournament -- he has won nine times -- he would with draw from it today, go to the airport, and fly home. is this the most selfish thing that a professional athlete has ever done? >> i don't know, zerlina. the most selfish thing for an athlete, that's a low bar for me, so i'd have to think about that. here's what i think. here's what i think. he wants to win his 21st major championship and set a world record. before he gets to the court, he's already set a world record by having his visa revoked twice before the tournament even starts. maybe he can find another judge. i think the hearing is about to start any time in australia, but i think he's going to have to leave the country. he might not be able to come back and play his favorite tournament, one he's won nine times. you know, zerlina, i keep hearing what about aaron rodgers, he's going to get to play in the playoffs and kyrie irving can play in road games but not in new york city. they're not trying to win a major championship in australia. you know, we talked about this already. he knew what the rules were, and he's been trying to gain the system with a complicit craig tylee, who's the head of tennis australia, for a few weeks now, and all of a sudden he thought he had a get-out-of-jail card because he tested positive, but that's not what the rule said. then he got this bogus medical exemption that the whole world was lafing at. and now he's back in court again trying to force his way into this tournament. and, zerlina, what you said is true, okay? he ought to get out of the country because he's doing lasting damage to himself, to his legacy, to his brand, and this is a guy who apparently thinks rules are rules except when he doesn't like them. it's like he thinks they're a buffet table. even though he got bounced from the u.s. open a couple of years ago for hitting a lineswoman in the throat. the minute that ball hit her, he was gone. you could see him that day go over -- he realized what had happened and he thought he could talk his way out of it. zerlina, i don't think he can talk his way out of this one. >> well, the thing about this that makes it so insane is we're talking about one guy who plays tennis, okay? i love tennis. but it is a sport. it's a game. you know, and we're talking about the entire nation of australia and the safety and public health rules that the government has put in place to protect their own people, and this one guy who wants to play tennis is holding up the prime minister. they have to weigh in on his tennis match. i mean what? does he really think that he is more important than the public health of the nation of australia? >> yes. yes, he does. he wants what he wants when he wants it. one of my writing heroes and one of my dear friends, the great william goldman wrote "adventures in the street trade." he said movie stars are like the rest of us. they get up, they get dressed, and make movies in between. but they think nothing happens to them. unless something happens in real time and this changes tonight, which it might, australia says no to him and he doesn't like that because he doesly's a different set of rules for him because he has won 20 majors, because he is going for 21 to separate himself from federer and nadal. rafael nadal said it beautifully. if he wanted to play, he should have gotten vaccinated. actions have consequences. i don't know how he thought this would play out. but now he's finding out how it's going to play out, and i think they're going to kick his butt out of the country. >> you know, in terms of rules it's funny to think about the fact that, you know, just recently when we had the conversation about mental health in the context of naomi osaka, djokovic was on the record saying, she knows what the rules are, she should just follow the rules. so your point about the rules applying to him in a different way than everyone else, i think this is interesting. in terms of his legacy, what do you think this is going to do to his legacy? obviously he is one of the big three, and, you know, people probably used to like him that may feel differently today just because of this drama. does this damage his brand? >> he's a drama king, and he -- the ironic thing here is that even though another hero of mine, pete thamel never used it in another country like tennis. the irony here is how much this man wants to be loved. he wants to be loved the way fed is love. he wants to be loved the way rafael nadal is loved. in my opinion, whether he gets to 21 majors now or 22 or 23, people will not think of him as the greatest men's tennis player of all time because you know what? sometimes it's more than the numbers, okay? sometimes it actually is how you play the game, and that means off the court as well. this is a pig-headed decision on his part. after months of being coy about whether he was actually vaccinated or not, this is the one about what you sow is what you reap. >> yeah, that is always a quote i think about. that's why i try really hard to be a nice person because i do believe that that car ma's coming right back. that car ma is coming right back to me, and i don't want any part of that. mike lubica, thanks so much for being here. your new book "the horsewoman" with james patterson is out and i want folks to know that and go pick it up. the escapism for your weekday. mike lubica, again, thank you for joining us. coming up, yet rage over the sexual assault conviction over an 18-year-old. women's rights advocate gloria allred is coming up next. s righa allred is coming up next nothing like a weekend in the woods. it's a good choice all around, like screening for colon cancer... when caught in early stages it's more treatable. i'm cologuard. i'm noninvasive... and i detect altered dna in your stool to find 92% of colon cancers... even in early stages. early stages. yep. it's for people 45 plus at average risk for colon cancer, not high risk. false positive and negative results may occur. ask your 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mr. clinton has served almost five months in the county jail, 148 days for what happened in this particular case. that is plenty of punishment. that's 148 days served for a criminal conviction for sexual assault, one that's now been tossed out in a state with a mandatory minimum sentence of four years for that particular charge. joining me now to try to make sense of what happened here in this case is gloria allred. she's representing many, many victims in high-profile cases involving sexual assault and harassment. gloria, what is your response to judge adrian being reassigned? >> not surprising at all. after all, it was so shocking to the people in the community, it generated so much outrage on social media, and that's apparently why he was reassigned. i don't think it was just a coincidence. after all, he himself found the defendant, the 18-year-old, guilty of felony sexual assault against this young woman who apparently went to a party, was swimming in the pool, you know, in her underwear. at some point she came near him, and he put a pillow over her face and allegedly -- well, according to the court's decision, sexually assaulted her. but now when it comes to the sentencing, the judge is really reversing himself. he, i guess, figured out that there is a four-year mandatory sentence for felony sexual assault that he would have to sentence the 18-year-old defendant to that amount of time. he thought about it. he decided, no, that wouldn't be fair, and, therefore, he set aside his own conviction and decided that the defendant could go free, saying, well, look, he's been in custody for 148 days, that's enough. now one could ask, well, why didn't he just say it's unconstitutional, the mandatory sentence. he explains that. he says, well, if he did that, then that -- he would probably be unsuccessful on appeal, and on appeal, the court would find that he should be sentenced to the mandatory 148 days. so he didn't want to do that. he set his own conviction aside. how unusual is that, zerlina? >> it's so unusual. it's his own court. one of the things that's not unusual is outcomes like this in sexual assault cases, whether they be absolutely no conviction at all, no charges at all, or minimal sentences by judges who are, like, well, i don't want to ruin their life, the person who has been convicted of the assault versus considering the life and health of the survivor. why do you think that happens? you work in this space all the time. what do we need to do to get sort of all of us to understand that we shouldn't be empathizing and bending overbackward for the convicted defendant. >> well, i think it really calls for judicial education. these judges need to understand what we call rape myths, and i've heard a lot about rape myths in a number of cases in which i've been involved involving rape and sexual assault victims. in other words, i mean sometimes jurors, sometimes judges believe in those rape myths like, oh, well, if she was drunk, in other words, if she was incapacitated, maybe it's her fault, okay, maybe she -- so they feel sorry for the defendant that, well, she shouldn't have gotten drunk or shouldn't have been under the influence of drugs, for example. and so -- but that's not the law. if a woman, young or old, is incapacitated, even if she drank too much herself, she is not able to say yes or no. she cannot give a meaningful consent. and that is something the law takes into account, and it means if she can't give consent, there is no consent. and if someone goes ahead and sexually assaulted her while she's in that condition, he's guilty of sexual assault, just plain and simple. but i think judges need to understand that and be educated as to that and then perhaps also think what if this were his daughter, what would he want to happen if that were the case. >> it's so important to think about the rape myths and how we need as a culture to debunk those rape myths not just so that rape happens less in reality but also 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mental health. take advantage now. wow! take advantage now. ♪ ♪ ♪ hey google. ♪ ♪ ♪ ♪ ♪ ♪ . republicans around the country are continuing their fight to sharply restrict that schools teach about our history of enslavement, and racism. and one of the most recent bills shows exactly why you actually need more teaching, not less. a newly elected gop lawmaker in the state of virginia introduced a bill this week that banned the teaching of so called divisive concepts. one of those band concepts is that virginia and the u.s. are, quote, systematically racist or sexist, which is a problem because the truth is, we are. systemic racism and sexism are totally real. the bill also requires teaching the u.s. founding documents, and it lists one of those documents as the first debate between abraham lincoln and frederick douglass. there is a slight problem here, the bill names the wrong douglass, frederick douglass, who was a black man who escaped slavery and rose to become an author, and a leading abolitionist. and most people at home know that because most people at home know who frederick douglass is, and it is not the one in the lincoln/douglas debates. that was steven douglas. a man seen on one of these commemorative plaques on the right. that douglas argued that slavery should be allowed in the new u.s. states, which lincoln opposed. and the fact that the virginia lawmaker got this wrong, specifically saying it was frederick douglass also shows us why this movement against teaching the truth about racism is actually quite dangerous. but it can be amusing when they make these kinds of mistakes. joining us is an associate professor of history at the ohio state university. professor, what does this mistake in this bill over the very famous lincoln/douglas debates tell us about the movement to restrict how schools accurately teach american history? >> it tells us that we should leave the teaching to teachers, and get the politicians and elected officials, especially those who are driven by a particular political agenda, that is designed to prevent students and people from learning about, as you pointed out, the ways in which race and racism have shaped the contours of american society and continue to shape the contours of american society. and are simply a function of individual bias, but are rooted in the systems and structures that govern our society. i had to laugh when i saw it because this is silly people being silly, but it is serious as you pointed out because the consequences for this kind of legislation are really deep and wide. >> we probably shouldn't put silly people in office. it's just a thought. i mean, you know, just one thought i had on a -- you know, it's just one thought i had today, and i'm thinking, that would be a good first step. additionally, though, i think you hit on something that's really important, which is that we have to understand systemic racism. we have to understand it so that we don't perpetuate it. i mean, what are the folks, the elected folks that are proposing these laws, what are they actually afraid of? why are they afraid of young people and children and a new generation learning about systemic racism and the ways in which you can dismantle it? what do they fear here? >> the very fact that we have young people, and not just african americans, right, i think the great fear is that for the first time, especially coming on the heels of the protests that followed the murder of george floyd in the summer of 2020, june and july of 2020 we saw 30 or 40 million people taking to the streets. they were calling for ending systemic racism. that was different. black folks have been calling on ending structural racism and institutional racism for generations, but when little kylie and kyle are going home, talking to mom and dad, we've got to end this systemic racism thing, that shook political conservatives to the core because they knew that if they were being told that they had to address the issue of systemic racism, that means they have to change something. they have to change fundamental structures in american society. so the way they pushed that. the way they saw the path forward of doing nothing, was to convince people that systemic racism wasn't real. that's where we get this whole divisive issues, we're not going to talk about systemic racism and critical race theory is telling us all these problems are to exist, white people to blame for everything evil in the world. it's like, no, what they want is not to have to deal with the issue of systemic racism. if you can convince people it's not real you don't have to do anything about it. >> we talk a lot on this show how the republican party is becoming more authoritarian and anti-democratic, to be clear, this movement, it's anti-democratic, the voting rights bill that we talk about every night is about the fact that we want to protect american democracy, not, you know, protect the prospects of the democratic party. that's not what this is about. how does the movement against teaching real, accurate american history tie in to the growing threat of authoritarianism that we're seeing in this moment? >> well, if we take the example of the virginia representative, and that legislation, which is all copy cat legislation, it's all similar, they just copy and paste in from one state legislation -- legislator to another. what we saw in that was like, they're saying, oh, well you teach the -- it's okay to teach these founding documents. these are the documents upon which our democracy is founded and based. you start with the declaration of independence, but these are also white supremacist documents, even in the lincoln/douglas debates. stephen douglas is like, i'm for slavery, don't mess with slavery, allow it to ex up and down, and even abraham lincoln, good ole uncle abe, he's like i don't believe that black folks should be given basic citizenship rights. you can be an abolitionist and still believe in white supremacy. let's talk about these founding documents, all means, let's go, from the declaration of independence to the american constitution all the way to and through the lincoln/douglas debates. they don't want to have that conversation. they still want to deal with the mist of american exceptionalism. there may have been some things that upset some folk in the past, but but ail means america always gets better and triumphings, and that's just a myth. the truth is, we have a hard path we have to confront. >> it's so funny to think about thousand they think the constitution -- like, it -- there's no racism in that, and they're like i'm an originalist, and i say i'm not, i'm a black woman, i'm not an originalist, thanks for being here today. that does it for me. i'm zerlina, find me monday through friday on 6:00 p.m. eastern on peacock. follow us on facebook, twitter, tiktok, and youtube. more news is coming up right here on msnbc. ♪♪ first up on msnbc, the fight for american democracy taking center stage this weekend at duelling events in arizona. >> he is on the line. elections are at stake, and we are seeing it every single day that the seat of democracy is being pulled from our communities. >> the buying lie set to be on full display at a trump rally tonight, southeast of phoenix. and just an hours drive away in the state's capital, a march for voting rights, featuring the eldest son of