insurrection. a day on which two democratic senators decided to throw voting rights under the bus, and the hand control of the senate to the minority party. will be discussing all of those huge, huge stories on the show tonight. including with senator chris murphy, in a moment. let's start with voting rights. the president was on capitol hill, meeting with senate democrats after calling for a filibuster changes, in a forceful speech on voting rights, this past tuesday, in georgia. >> so, i ask every elected official in america, how do you want to be remembered? a consequential moments in history, they present a choice. do you want to be on the side of dr. king, or george wallace? do you want to be on this side of john lewis, or bull connor? do you want to be on the side of abraham lincoln, or jefferson davis? this is the moment to decide, to defend our electors, to defend our democracy. >> strong words from the president. necessary words. words that democrats and voting right advocates have been waiting for. was it too little too late? here, was senator kyrsten sinema, speaking on the senate floor, today. >> threats to american democracy are real. i share the concerns of civil rights advocates and others, that i've heard from in recent months, about the state laws. i strongly support those efforts to contest these laws in court. >> yes, good. good. >> i strongly support and will continue to vote for legislative response to address the state laws, including -- and the john lewis voting rights advancement act, that the senate is currently considering. >> awesome. that's exactly what our democracy needs, continue. >> and, while i continue to support these bills, i will not support separate actions that worsen the underlying disease of division, infecting our country. >> oh, come on. >> there is no need for me to restate our my long-standing support for the 60 vote threshold to pass legislation. there's no need for me to restate its role protecting our country from wild reversals, and federal policy. >> give me a break, senator sinema. she knows what she's saying is false. that musky group, more perfect union, noted that in 2010, sinema blasted the quote, false pressure, to get to 60 votes. pushing for reconciliation to pass big legislation with a simple majority vote. why is that that sinema and sinema right now. as for joe manchin, unsurprisingly, he's not budging on the filibuster, tonight either. both are supposed to be meeting with the president, tonight. but, i have no idea with joe biden has left to say to either of them. that could change their minds at this point. i mean, you heard him say, in georgia, if they don't say voting rights, they're on the side of bull connor, and george wallace, yet, they don't care. meanwhile, senate republicans, don't forget, them won't support anything. they have a new talking point, joe biden is a divider. even mitt romney is saying so. >> he also accused numbers of -- principal colleagues in the senate of having sinister, even, racist inclinations. he charged that voting against this bill relies us with bull honor, george wallace and jefferson davis. so much for unifying the country. >> i mean, sorry mitt, if you deny black and brown people who are voting rights, that is sinister, and yes, racist. yet, some senate democrats are now buying into that new republican talking point, as well. >> you're comparing that double connor, who literally said dogs upon civil rights protesters. george wallace, who said segregation, today, segregation forever, i'm paraphrasing. or jefferson davis, the president of the traitorous confederacy. isn't that a little stark? >> it is stark. perhaps, the president went will far in his rhetoric. some of us do, but the fundamental president polls that at stake are very very similar. >> a little too far, senator devin? biden, in my view, didn't go far enough. given how existentialist threat is to american democracy. and, how racist an authoritarian the republican party has become, in front of our eyes. so, i have to ask, is this democratic, especially some of these institutionalist among the democrats, who cling to tradition over principle, do these democrats have what it takes to fight to save american democracy? >> earlier today, i spoke about all of this with kinetic democratic senator, chris murphy. >> senator chris murphy, thanks for being here. you and i have talked about the filibuster, and getting manchin and sinema on board, on multiple occasions. it all looks like it's over tonight. this was supposed to be the last hurrah for senate democrats, and those two are not budging. is it over, and if so, is it over for american democracy? >> well, i think the stakes are just so high, that we can allow it to be over. i understand that it didn't look great with senator sinema making a pretty clear that as of right, now she's not willing to support any changes, and the senate rules. the stakes are existential to the country. they made it clear that they want to run the state elections -- seated in power, regardless of whether they win or lose. so, we've got a come back to the drawing board and see if there's a new plan that senator sinema, or manchin, might be able to support. right now, it doesn't look like we have the votes, in the next 20 4:48 hours to get the voting rights bill passed. we just have no choice but to stay at it. >> so, i admire your optimism. -- with all of you in the senate, joe biden told reporters, he hopes that voting rights can still get done. and sends civil rights -- often got, on the second time around. i wonder though, does that analogy work. if you lose your democracy, it's lost for good. there is no second time around, once trump is back in office, and republicans control office. >> yeah, that's the fear. we are in five or ten years away from a constitutional crisis, we might be a year away. georgia has changed their laws, their vote counting laws, so they can put partisan trump republicans in charge of counting votes. in charge of signing coups. in which votes don't count. so, you could have a circumstance in which, next year, you have the loser of the senate election in georgia, which might determine the majority in the senate sent to washington, certified as the winner. that is a constitutional crisis, in the next 12 months. that's why so many of us believe that we have to have urgency about changing the law, to make sure that the losers of elections cannot get seated. >> this is what i don't get, you said very -- why not all of you? you get it, some of your colleagues get it. i've got on about it, i hope most of our viewers understand. yet, you have, for example, kyrsten sinema talking about the disease of division, as if it's some abstract polarization, not the disease of foreign -- racism, and one specific political party. you have your colleague, going on cnn, saying, maybe the president went too far with his rhetoric on tuesday. as your party cut out for this moment? some of you may be, but is your party, as a whole, cut out for this historic moment, and the struggle to serve -- it doesn't look like it when i hear your colleague speaking. >> you're asking me a version of the question that week -- which, is tell us what joe manchin and kyrsten sinema are thinking. i can tell you. >> i assume you've had multiple conversations. >> you're asking me to give an answer. what i mean is that you're asking me to answer for my colleagues, which i can't. i can repeat for you with a have said, which is that they believe that the tradition of the senate, and preserving it, is more important than protecting against the changes in state voting laws. i disagree. i have had that argument over and over again. we've litigated in, private and public, and we will continue to have that argument, because i believe it's a mistake to believe that the preservation of the filibuster is more important in the preservation of democracy. >> including the senate. if you don't have democracy, you don't keep the senate. all of the institutions go down together. it's not just the senate, the supreme court today just struck down joe biden's vaccine mandate for businesses. a popular, executive order, from a popularly elected president. we have five of the nine justices appointed by the president, who didn't win the vote. we also have a senate, in which the 50 democrats represent roughly 43 more million people than the republicans. america's looking less and less democratic. we are in the middle of minority rule, right now. >> listen, the senate was obviously set up to reflect a will that was separate from the popular vote. of course, when it was conceived, it wasn't even directly elected. but, over the years, it's obviously gotten way out of balance, with where the popular will is. the filibuster exacerbates that. when you allow for a minority of voters, representing the vast minority of the population, to be able to control policy, you get these imbalances between with the public wants, and what they get. that is, in part, why you have this public tempest of anger in washington. they vote one way, and then they don't actually get the policy change, that they vote for. you can understand why people are losing faith in american democracy, because the majority of citizens can't actually change the policies in washington, in part because of the filibuster. there are so many reasons why you had urgency, that's one of them. >> coming up, more of my conversation with senator murphy on american foreign policy. including, u.s. sanctions on afghanistan, and russia and ukraine. do not go away. not go away to stay competitive. i discovered prevagen. i started taking it it was a game-changer for me. prevagen. healthier brain. better life. there's so much new in the new chicken & bacon ranch, but the clock is ticking, so we gotta hurry. there's new rotisserie-style chicken, new peppercorn ranch, new hickory-smoked bacon, new... 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senator chris mueller defeat took to the floor yesterday and appalled that nation to do more. i talked to murphy about afghanistan -- >> senator, u.s. sanctions kill more afghans then the taliban. the u.s. won't unfreeze billions that they need. could you understand why people are upset right now? as afghans die, as they have these winter months. you have a lot of law makers who claim to care about their lives but don't seem to care that people are dying now, and you have the power to save those lives. >> so, obviously, this isn't the only place where u.s. sanctions have significant impact on human beings who have nothing to do with the government under which they serve. this is our policy in gaza, in venezuela, and in iran. the biggest humanitarian catastrophe in the world, as you mentioned, is afghanistan. it is -- in the history of the organization, it's happening right now to prevent famine in afghanistan. i think it's time for us to take a step back, and have a much more holistic look on u.s. sanctions. there are instances around the world where the sanctions policy is received, but there are times when sanctions no doubt, have people targeted. i went to the senate yesterday to complete this thought, and impose that the biden administration take this look at exemptions, must broader exemptions to this. but i think we need to look outside of afghanistan to the entire world. >> what about unfreezing nine billion dollars which would go to the taliban, it would go to the central bank in afghanistan. humanitarian groups want that to happen. afghanistan wants that to happen. >> i think we have an interest in on powering the taliban. it's run by the taliban, the central bank. we've -- where holding this money. after the taliban took control of the government, we need to take examined ways in which we can get those money. to pay salaries, to help individuals in afghanistan, without it going to the hands of the taliban. and right now i can't claim that it's incompletely intel -- how we can get paid into afghanistan, without unduly, or unreasonably and powering the taliban. >> yes, not empowering the taliban, but right now experts are saying that this lack of money will kill more afghanistan's in the taliban. in the short term, who cares about the taliban? save lives now. some should go to people on the ground, would not be worth it? >> well, undoubtedly it would be worth it, the administration just mounds and major contribution to make sure that we keep people alive in afghanistan. i just think you want to be careful about getting money there, in a way -- i think you can do both. my point is, i think you get money to the organizations without empowering the taliban. i think we should just take a little bit of time to make sure we can do that. >> so, let's talk about another humanitarian crisis in the am in. on this show, we have agreed about the group role in that country. you've led the opposition to the u.s. on yemen in the past, on obama and biden, and yet, last night there was no -- with saudi arabia. based on this poll, people you fell out within the past, they came out against it. you voted in favor of setting those ripens even though you have completely criticize -- and left, you said that you supports all -- there has not been, so why did you -- >> yes, thank you for giving me a chance to explain this. you are right. i started the effort in the senate for the support for the yemen war. and during the obama administration, when i called on a couple dozen senators to -- i am not convinced that the united states should be selling these weapons to saudi arabia, or yemen. what has changed in the last few months is a significant attacks in yemen and saudi arabia. we have tens of thousands of u.s. citizens in saudi arabia and -- in -- we should be trying to prevent these attacks inside yemen, designed to hurt u.s. civilians and saudi civilians. the weapons are used to shoot down the missiles and the drones that come to saudi arabia from yemen. but it was not an easy call for me. i also understand that there is a good case to be made that you should not be selling any weapons to a leader like that. he has such egregious behavior to his country, and around. in this case, i think those defensive sales are in the u.s. interests especially since we have so many citizens in there. >> as they say, those weapons can be used for other purposes, not just defensive purposes. but i do when i got another topic. senator menendez pill, to impose sweeping sanctions if the russians invade ukraine, as we worry about, are you worried about where that leads? because the sanctions may not to turn them. how are you against war? >> well there is a war right now. in ukraine. >> the war involving the u.s., against russia to be explicit. >> well president biden has made it clear we are not putting american troops on the ground in ukraine. but we absolutely have an obligation to have a very strong and sharp response to choose to, for the first time since world war ii, launch a conventional military force into a european country. so just after 1980, when the strategy in the world was to sanction russia if they choose to invade another saberi nature -- as it's done in crimea, and eastern ukraine. biden is making all sorts of threats that will happen after the sanctions, but the only reason -- the only way to stop the invasion from happening right now -- is >> will have to leave it there. senator chris murphy thank you for your time. appreciate you taking your time out for this. >> thank you. >> when we come back, marion webster defiance situation as incitement or resistance to or against lawful authority. so why after more than 700 cases elated to the january attack, no one was charged until now? 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(excited yell) woo-hoo! ensure max protein. with thirty grams of protein, one gram of sugar, and nutrients to support immune health. i just want to clarify, the initial charges were filing, some of these misdemeanors, these are only the beginning. this is not the end. what are we looking at downstream. we're looking at significant felony cases, tied to sedition and conspiracy. just yesterday, our office organizes strikeforce a very senior, national security prosecutors, and public -- their only marching orders from er to build seditious, and conspiracy charges, related to the most heinous acts that occurred in the capital. these are significant charges that have felonies, with the press in terms of up to 20 years. >> almost exactly one year ago, act in u.s. attorney announces the justice -- for participants in the capital insurrection. 366-day later, we finally got them. the doj is indicted 11 individuals in federal court, for seditious conspiracy related to the capitol breach. the first edition charges we've seen. once more, one of the man charges, stewart rhodes. the oath keepers. rosario law graduate, and former army paratrooper, has denied any wrongdoing. his lawyers claim that prosecutors have failed to show evidence that supports the charges. sedition is a rare, and very serious charge, only a handful of people in modern times have been successfully prosecuted for that crime. the most recent was almost 30 years ago. take a look at his official definition under federal law. conspiring to overthrow the government or hinder the execution of any law in the united states. now, compare that definition to this little detailed in the indictment. and december 2020, he allegedly said if president -- he and his crew would have, quote, a bloody, massively bloody revolution against them. that's what's going to happen. rhodes also spoke approximately six -- and related equipment, on january the 3rd, while on route to january's -- 's. do it, i'm no lawyer, but you might be in some trouble. hey, when do i know? let's talk to somebody who does, former u.s. attorney, barbara mcquade. barb, thanks so much for coming. how serious are these indictments, in your view, and what was your reaction when you heard this news? when you heard the name stewart rhodes? >> it's a very serious charge. as you said, is punishable by up to 20 years in prison. which is a stiff prison sentence. it is very rarely charged, because it is -- we have a come session of it of somebody who has been disloyal to the united states. so, it is only used very carefully, in the right circumstances. here, as you read the definition, it includes a conspiracy to use force to hinder the execution of the laws of the united states. in this indictment, they allege that their goal was to oppose the peaceful transition of power. so, was i surprised? i don't know. it's been a bit of a long time coming, but, i think it takes that long to put together a case like this. some of the words we heard from merrick garland, is it takes a while, we start with a lower case, as we work our way up. the indictment does include a substantial amount of evidence, in terms of allegations against stewart rhodes. he says, there's no evidence, the facts will prove -- whether they approve it or not, but there are quoted, verbatim quotes, from text messages, talking about the planning of this attack. so, if the government can prove wooded says it can prove, there is very strong evidence of conspiracy. >> there are also quotes in those documents from public postings, on public forums, from rosen oath keepers. which makes you wonder, what on earth for capital police in the fbi doing before january the 6th. i know predictions is a mugs game, do you believe, given how serious this -- do you believe the justice department i ig down this road, because they think they can win this case? do you think they will this case, based on what you've seen? >> i do think the justice department will only file a case if they believe that they can win. they have sufficient evidence. part of the justice manual that is the guidebook for prosecutors in the federal system, is not just that you have enough evidence to charge a case, but it is probable that you have evidence sufficient to obtain, and sustain, on appeal, a conviction. and doing so, it would advance the substantial federal interest. not only does dale g -- without strong evidence, the detailed indictment is 48 pages long. it has very detailed evidence about what the government -- there won't be any surprises in trial, i don't think, because they have these verbatim quotes. i've handled cases, in the past, i found the verbatim quotes, from text messages, can be one of the most powerful pieces of evidence. it makes a very difficult for defendants to say i didn't say this, or you misunderstood. it's right there, in their exact words. i think it's pretty powerful evidence, suggesting a strong case. >> last question, the doj is facing some criticism for -- one seems to be milder -- is this evidence that they're feeling some pressure, and finally taking a harder line? >> i don't think so. i think as attorney general merrick garland said, it takes time. usually start with the low hanging fruit. in hopes to get some cooperation, to go after the higher ups, in criminal activity. for people who may have just been part of the protest, got caught up in the thrill of it all, and walked into the capitol, those are the easy cases to dispense with. those have who have -- become more problematic, and get more serious charges. people like those charged today, who are accused of conspiring, and planning, and executing a very organized attack, get more serious treatment. i believe, it is likely we maybe see more charges, as the justice department works his way up the chain, to find out the planning that may have done. >> barb mcquade, will have to leave it there. thank you so much for your analysis. >> thank you. >> coming up, the united states could soon have free masks for everyone. but, what took so long? and why are people still opposed to what should be a no-brainer? 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[a vulture squawks.] there he is. did you know, that in april of only pay for what you need. ♪liberty, liberty, liberty, liberty♪ 2020, at the very start of the pandemic, the health and human services department had a plan to send hundreds of millions of cough masks to every american household? as nbc news later reported, public hailed experts said sending last directly to people's homes in the early days of the global pandemic, would you send a stronger message encouraging american to wear masks. but, the trump white house, scrap that plan. trump himself, less we, forget repeatedly refused to wear a mask, in public. now, i don't know exactly how many tens of thousands of lives could've been saved by that one initiative, how many orphans we could've avoided in this country, but we know it is a lives. the science on the importance in effectiveness of masking is crystal clear. today, instead of hanging their heads in shame, as the biden administration discusses a belated plan to send every household high quality n95 respirator masks, we -- saying stuff like this. >> we shouldn't just willie nearly send them to everyone. it's really a waste of money, and a waste of resources. >> a waste of money? senator bernie sanders -- a cosponsoring a bill to send every person a package of n95 masks, something they say would just cost five billion dollars. to put that in context, last month, congress passed a 768 million dollar defense bill, which was 20 -- then the biden administration and asked for. still, some in this administration or actually resisting the plan to send out free masks. kill me now. according to now, political -- just the n95 or, kn95 masks to americans would make a little difference, because half the country won't wear any mask. it may be popular in certain corners of twitter the officials said, but for masking to work -- people need to actually wear them. first off, popular in certain corners of twitter. no, popular with -- an epidemiologist. what happened to following the science? according to multiple studies, to fight variants like omicron, you need much better quality masks. which a lot of americans cannot afford. second, half the country won't wear any masks? so the other half that does wear masks, doesn't get a benefit? they get punished? where is the logical fairness in that? and what happens if we apply that a logic elsewhere? as congressman connor pointed out that last night. >> that's like saying, everyone is not going to get vaccinated, that means we shouldn't put a vaccines? it's a logical. >> i am so fed up of how behind the curve his country's been on vaccinations, on testing, and on masks. other countries france, turkey, japan, sent free mass to their citizens, back in 2020. it is now 2022, and we can do it? in 2011, we were able to bomb a country, libya, halfway around the world, and a few days notice. but we can send masks in the mail, to every american household? nearly two years into a pandemic, and a year into the biden priors it unsee? come on. people are dying. the virus is spreading, the pandemic is not over, and this president needs to step up. send a mask to every household in america, send a bunch of them for free, and do it now. do it yesterday. coming up, the supreme court is blocking the vaccine mandate for businesses. what else can the white house do in relation to this pandemic? lation to this pandemic? on, ma! you clearly haven't seen the other ads. it's the eat fresh refresh™ at subway®. 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i don't hear public health experts saying this. it's a bit defeatist and dangerous, is it not? >> absolutely. look, i've been working in the emergency room with this virus for nearly two years. i've been exposed to it all the time. sometimes with every patient i'm taking care, of every day. and i haven't yet got it. we have vaccines that do protect us, that keep us safe, that keep my family safe. that's why, like my colleague, i'm disappointed with the decision of the supreme court. what we know, that after we've had these vaccines for a year, there's just a subset of people that are not going to get it, unless they're mandated to get it. we know that mandates work, more importantly, we know that vaccines work. even if they don't prevent transmission spread as we hope, i am seeing, right, now the overwhelming proportion of people coming to my hospital, needing hospitalization, needing oxygen, who are really sick, are they unvaccinated. we need to do everything we can, whether by mandate, or any other means, to make sure that we increase the proportion of people who are vaccinated. so that we don't have an overwhelmed health care system. we have a function of 9-1-1 system. we have clinics, and hospitals that people can go to, where we have staff in beds to treat them. >> and doctor, you mentioned a moment ago, and maybe up to the states. of course, a lot of those states are red states, run by republican governors. florida, for example. -- covid's number one ally. i want you to take a listen to your former medical school classmate, joseph leitao, who somehow ended up as surgeon general florida. >> we are going to be taking -- to and wind the testing psychology that our federal leadership has managed to, unfortunately, get most of the country in, over the last two years. >> no need for testing. standing at a podium this is early treatment saves lives. >> you tweeted that you are speechless when you heard about his anti-science stance on testing. i have to ask, how do you complete meta school. was he there in class? >> i'm still speechless. my mind is blown every time i hear him speak. he's actually very smart, but i think he has political ambitions, and motivations. so, unfortunately, that is part of it. as we know testing is such a big pillar in containing this virus, it helps us didn't defy who's infected, and who needs to be quarantined. so, what he's basically saying is everything that -- is again science, against the evidence that we actually have. i think, his rhetoric, unfortunately, is going to influence policy in florida, and again cost lives of many floridians. >> doctor spencer, i feel like some of us are stuck between a weird position. you have doctoral adopt all of this world, who are saying nonsense. then, you have the doctor fauci's in -- who seem to have kind of, given up. is that the right? word or, dropped their guard. have a listen to doctor walensky, head of the cdc speaking, when she was asked whether the cdc would recommend, in the face of omicron, better quality masks. have a listen. >> the cdc continues to recommend that any mask is better than no mask. we do encourage all americans to wear a well fitting mask, protecting themselves, and see the spread of covid-19. that recommendation is not going to change. >> doctor spencer, that may have been okay guidance, in december of 2020, but this is january 2022, we're facing omicron. sure, they need to come out now and say the cloth mask is a waste of time, the surgical mask as a work as well the k 95. why not say that? >> to be honest, i'm also flummoxed. i'm not sure. look, when i go to work, i wear n95, because that's what keeps me safe. i think, like dr. blackstock has been talking about, this is an issue of equity. just like testing, right? the people who are not getting tested, are the people who cannot wait in line. those are people who cannot be identified for those anti viral pills. it's an issue of equity. when we're talking about and 90 fives, kn95s, mass that can be prohibitively expensive for people. instead of at the end of november to implementing a travel ban, against southern african countries, when we should've been doing is mobilizing, getting those and 90 fives to every household, so that people can have the same jt should have been taken care of by the middle of december. >> yeah, it's deeply frustrating. the slowness with which they've come to testing and masking. it is an equity issue. i appreciate you both making that point. thank you so much for your time tonight. coming up, it's surprised all of us today, when we learned that in his 2013 republican response to the state of the union address -- senator marco rubio only did it once. but was that thing, thank you for asking. let's take a look. >> false choices like the one of the president. >> marco rubio was awkward drink of water's newly relevant. listen to what he's been saying, after the short break. they say durable is the new black. okay, no one says that. but, it's true. just ask sharon. after three years these barstools still look brand new. even with these crazy lovebirds. 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