the rachel maddow show starts right now. >> the certificates are authentic and correcting form. the tellers will count and make a list of the votes cast. after ascertainment has been had that the certificates are correct and form, the tellers will count and make a list of the votes cast by the electors after ascertainment has been made, that the certificates are authentic and correcting form. the tellers will count and make a list of the votes cast by the electors. >> after ascertaining that the certificates are authentic we will announce the most cast. >> after ascertainment has been had that the certificates are authentic and correcting form, the tellers will count and make a list of the votes cast by the electors. >> the tellers will count and make a list of the votes cast by the electors. the certificates are authentic and correcting form. the tellers will count and make a list and the votes cast by the electors... >> notice a theme? it's a script right? it's always the same. every four years. whoever is acting, whoever the vice president is, every four years, it comes time for them to open up and count all the electoral votes. it's always the same with one or two little words shifts here they are. after ascertaining that the certificates are authentic and correct the tellers will announce the votes, they say the exact same thing. the words shift like a hair or two in either direction but it's always the same thing every four years until this last time. for the first time ever, it started off like it always does but then it careened off in a whole new direction we had never heard before. >> after ascertaining that the certificates are regular informant authentic and -- the tellers will announce the votes cast by the electors for each state beginning with alabama which parlor terry and advise me is the only significant vote, reporting to be a return from the state, and has annexed to it a certificate from an authority of that state reporting to a point were ascertained electors. >> what was all that at the end? all that stuff that the parliamentarian has advised? that was all new. nothing like that has ever been sad at any one of these things. but my pants when he opened the electoral votes, he added that whole new bit, the parlor terry and has advised me there's only one document the accounts of the certificate of a vote from the state and that certainly could get -- that's on the language that we have never heard before in this context. vice presidents always say the same thing. but when mike pence did it he added this whole new complicated clause saying the parliamentarian, only one certificate of electors could be counted from anyone state and it had to have the explicit blessing of the authority of that state, all new. there's been some minor drama around the electoral college before. no vice president ever before felt the need to get a parliamentarian's ruling. basically giving him a clear legal way to assert that he doesn't have to count any forged fake set of electors that might have been sent into him alongside the real ones. no vice president has ever before had to get some sort of language from the parliamentarian explaining that two sets of electors were sent to and from particular states and you would only have to count one. but mike pence had to do that. which means vice president mike pence new in advance, january 6, that republicans in multiple states had sent in forged electoral votes. we know he knew about it. because we can see he had to maneuver in advance of contacting conducting the vote count so he could justify not counting the big boat. the fake votes. >> it was 2:55 in the morning on the night of january 6 last year, the night after the capital have been attacked. kyle cheney that night made note of how mike pence is language was different. mister cheney was right. it's totally obvious. all the extra verbiage that mike pence added alongside the unchanging language from all the other times. kyle cheney figured that out based on the changed language. to head off this part of the plot. to head off what republicans are trying to do send in these forged boats. they filled them out, sign them and sent them to the national archives and to the united states senate as if they were real. since then we have learned more about how it is happened, particularly in recent days. we still don't know exactly who did it. republicans clearly were working from some sort of document. the same font, spacing and same language to create these forged electoral documents. we still don't know who created the templates. who told them to do this and how exactly? in five of the seven states that created documents like this, the republicans who signed these falsely asserted we the undersigned being the qualified electors, they actually said they were the duly elected electors. they were not. they were neither duly elected or qualified. but they said they were in signed their names to it. republicans use that language on these false elector documents in georgia, arizona, nevada, wisconsin, and michigan. and in new mexico in pennsylvania. republicans file basically the same kind of document. certainly it looks the same. the same font, spacing, almost the same language. but in new mexico in pennsylvania they change the specific language so that they didn't assert they were the states legal electors. in new mexico in pennsylvania republicans instead inserted language saying ultimately someday they might be the real electors and in which case this document should be processed. it kind of makes all the difference right? whether or not you are trying to pass yourself off as electors when you are not? making that change to the document, at least in pennsylvania that may have saved the republicans who signed that from potential criminal prosecution. with the new statement from pennsylvania's attorney general explaining basically what's despicable about what they did but how important it is they put in that caveat. on the front page of the paper today in lancaster pennsylvania, there's a story about the republican fake electors from that state including one of the electors same it was in fact the trump campaign that told them to file the forged paperwork. in the detroit news there's new reporting about how the fake electors in michigan came up with a few different schemes by which they planned to try to get themselves physically inside the capital while the real electors were meeting to vote including trying to get republican legislator to beak. another fake elector tell the detroit news republicans were acting on a request from the trump campaign when they set out to create the forged documents. michigan's attorney general last week here on this show announced that while it's still possible that state charges might be brought against the michigan republican, she has nevertheless referred the matter to federal prosecutors in michigan for potential prosecution. we have since learned the attorney general of new mexico has now done the same. also referring the republicans who signed their name to the electors document for potential federal prosecution this is a move first reported by the albuquerque journal. saying election laws are the foundation of our democracy must be respected while review under state law is ongoing, meaning state charges are potentially possible, we have referred this matter to the appropriate federal law enforcement authorities and will replied #provide any assistance necessary. so pennsylvania and new mexico electors sort of added a caveat to their signings so they weren't bluntly asserting they were the real electors. estate review is ongoing and has been referred to federal prosecution. it's also true in michigan and also the state attorney general is not ruling out potential state charges against the michigan fake electors. in pennsylvania the attorney general says based on the fact that they added the caveat to the language and didn't report to be the real election his office has not only not referred for prosecution but decided the charges will not be forthcoming at least in that state. so this is turning out to be, an interesting story and an ongoing one. it's not just about something that happened in the past. this is a real world problem in an ongoing way. this last week in florida, they finally held a special congressional election to fill the seat of hastings who died in april. his district was really democratic. it was always very likely that the district would be electing another democrat. i think that's probably why ron desantis refused to hold the election for as long as he could. democrats would be down one of their numbers in the united states house of representatives. he held off and there are rules about these things. he did get sued to finally hold the election and finally we got it last week. this is a really democratic district. the democratic primary for that seat was hot and heavy with tons of candidates. ultimately i think the successful candidate took the primary by only five votes. five votes. even by that exceedingly narrow margin she did win the democratic primary which meant she was the democrat on the ballot in the special election last week. she won the general election. in an absolute landslide. her name is sheila mccormick and she was the democratic contender for that seat. she's the child of haitian immigrants. her parents were a taxi driver and made. she is now a lawyer and the ceo of a healthcare company and thanks to her blowout victory in the election last week she's now the first asian-american ever elected to congress from florida. all because she just cleaned up in the race. the republican who ran against her got less than 20% of the vote. her margin of victory in the special election was almost 60 points. a complete blowout. but, because of where the republican party is right now and what they are now wired for, the republican who ran against sheila mccormick, he's refusing to concede. he's brought a lawsuit to try to block the results. he said after the election, i did not win so they say. he recently told one station in florida, we will have stuff coming out that we have recently discovered. dudes lost the race by 60 points. he did not break 20% of the vote in a two-way race. but so they say... any race anywhere in the country, and he margin of loss, doesn't matter why would they accept the results if they had lost. do you think that's the way to get ahead of the republican party right now? sheila mccormick will be sworn in tomorrow on capitol hill. a republican opponent who she beat my nearly 60 points, he is not conceding that she won the race even as she is slated to be sworn in. because republicans. because that's the way the republican party works now. at the rally trump held in arizona, one of the republicans who signed the forged elector documents spoke for trump. because why not. >> who won the election? i hope we will recertify 2020, how about you?[ cheers ] >> trump one, see you later. >> no more are they going to be able to get away with this kind of deception, this kind of fraud, and illegal activity. not only people in general but the election workers. we want indictments of the election workers so that they don't continue to do this. >> i'm sure you read my name in the paper, oh well, screw the media. the fake media right back there that donald trump always points out. the fake news media. boo what the fake news media. i don't believe a word they say. i don't believe a word they say, the word they print, i've had several media outlets call me, cnn, they want to know why i was a trump elector. donald trump won this election. i call upon the arizona legislature to vote to cedar # decertify the 20/20 election. >> putting the people who signed the forged elector paperwork up on stage, so everybody can cheer for them to get them warmed up for cheering for the former president. this kind of stuff does seem crazy. it seems like the whole vibe on the trump rally things kind of low rent and out there. but this is how they are gearing up for the next election. indict the election workers. it's working for them as planned. the new texas voting restrictions, like in many states, passed on the pretext that all that election fraud, justified new laws in texas. that's paying off already. election officials in texas rejected hundred of ballot applications. >> texas republicans last year passed a bill establishing new limits on voting over the objections of democrats. a wave of efforts by rick the -- by republican-led states to impose restrictions. many in the party echoed donald trump's claims of widespread voter fraud in the 2020 election. the county clerk's office in travis county, home to texas is capital of austin cited the new laws recent changes to id requirements in rejecting about half of the 700 applications for mail-in ballots. but throwing out half the ballot applications because the new restricted voting laws. and you had to pass that voting restriction law because of all the fraud, decertify, decertify. it's working perfect for them. it looks crazy to the rest of the country but it's working perfectly for them and what's to stop them? kiersten cinema and joe manchin ? >> president biden will mark one year in office, today on the federal holiday to honor the late doctor martin luther king jr. the family said there should be no celebration without legislation meaning without voting rights legislation there was a major voting rights march in washington today. >> but me be clear, when states are engaging in voter suppression, only the law can stop them. senator cinema and manchin also say, if the bill doesn't get bipartisan support it shouldn't pass. the 14th amendment with -- granting citizenship in 1868, that's in there with bipartisan support. should formerly enslaved people have been denied citizenship? the 15th amendment that gave formally enslaved people the right to vote in 1870, that didn't have bipartisan support. should former slaves have been denied the right to vote senator manchin? in 1922, 23 and 24, some senators fill it is that's my filibustered an anti-lynching bill. would have supported blocking those bills too? i'm justifying their logic here in showing that it's not logical at all. to them the filibuster is sacred except for what it's not. in 2010, senator cinema supported the idea of using reconciliation to get around the filibuster and pass healthcare reform. just last month they boasted an exception to the filibuster to raise the debt ceiling but they draw the line at protecting the rights of millions of voters. history will not remember them kindly. whatever happens tomorrow we must keep the pressure on. and say no more empty words. don't tell us what you believe in, show us with your votes. history will be watching what happens tomorrow. black and brown americans will be watching what happens tomorrow. in 50 years students will read about what happens tomorrow and, knowing when other our weather our leaders had the integrity to do the right thing. senator cinema and senator manchin, members of the senate, pass this act now. if you can deliver an infrastructure bill for bridges you can deliver voting rights for americans. if you do not, there is no bridge in this nation that can hold the weight of that failure. >> martin luther king the third speaking today on the federal holiday honoring his father. in 50 years students will read about what happened tomorrow and no weather our leaders had the integrity to do the right thing. 's >> all eyes on them tomorrow to know whether they have a been moved. congresswoman joyce beatty was there today for the march. she has been not just stalwart but leaning forward in a way that few other members of congress can say including putting yourself on the line. earlier in the middle of last year, we will speak with her in a moment, a lot to get to tonight. stay with us. were cooking. ith mom. me part of our financial plan. ♪ i want to make the most of every meal we have together. ♪ at northwestern mutual, our version of financial planning helps you live your dreams today. find a northwestern mutual advisor at nm.com you could wait... all night... for an email response from steve, who will sign back in at 9 am tomorrow morning. orrrr... you could find the answer right now in slack. and give steve a break. slack. where the future works. how bout sushi? i just had sushi for lunch yesterday. indian? ehh, maybe... how bout seafood? you know i don't like seafood. [collision beeping warning] [silence] how bout tacos? tacos. automatic emergency braking — one of six advanced safety features standard on every 2022 chevy equinox. find new technology. find new roads. chevrolet. growing up, bilal was obsessed, obsessed with superman! not because he could fly, but because superman stood up for people. maybe it's because of our family's own immigrant story, or he's just that nerdy. throughout his career in the obama administration and the private sector, bilal has never stopped helping others. we don't need a superhero to solve san francisco's biggest problems like crime and homelessness, just the innovation and courage to lead. join me. >> i feel sorry for those on the other side to support this. our constituents understand where we are. our constituents understand victory. they saw a black president elected because they voted and stood in line for 5-7 hours to vote. you have heard the president himself say, thank you majority whip clyburn. thank you south carolina. thank you black people for voting. overwhelmingly to elect him. that has got us our first female, black, asian-american vice president and people know and understand that. who should be afraid? those who won't stand up for voting rights. if you can print this shame on you for not doing it. black folks will vote no matter what. it's not what's going to happen to us but what's going to happen to them. >> not what's going to happen to us but what's going to happen to it them and you can print that. she is chair of the congressional black caucus. speaking last week about the fight to pass voting rights in congress. and how those on the wrong side of that history in her estimation, the passion you heard from her on that issue is not new. we have seen her as one of the leading voices in washington pushing to keep voting rights on the agenda even when it wasn't at the top of the agenda. in july, this was her who led civil rights leaders into the u.s. capitals. into a senate office building for a nonviolent direct action protest when they called on members of the senate to end the filibuster and pass a pair of voting rights bill. she was arrested that day along with several of those civil rights leaders. this image is just indelible. today, we are honoring the martin luther king holiday on the eve of finally taking up voting rights legislation. she was at the march today to demand the senate deliver for voting rights. she joins us now. congressman joyce beatty, it's a real pleasure to have you here. >> thank you so much for asking me to be on your show. today is a special day with the nation watching. >> the nation is watching and a lot of the nation i think is holding their breath about what's going to happen tomorrow. we played some words from martin luther king the third, from the march today, held under that banner, deliver for voting rights. do you think the united states will deliver? are you optimistic about what will happen tomorrow ask >> i don't know what will happen tomorrow. i know that the nation is pained and frustrated. because of what we've been going through. we are looking at individuals who are not supporting reauthorizing the voting rights act. these presents reauthorized it. five presidents in our time have reauthorized it. so tomorrow it will be on the united states senate to do their job. the house has voted on voting rights more than three times. tomorrow you will see us standing and watching his history will be made. for all those who don't support the freedom of the vote, john r lewis act, they are obstructionists and it will be on their hands. all of our communities who know what we have to lose, especially black and brown people, who have so much to lose. they will react but you will keep us from voting. the sensors should be scared about that. we get out and stand in line. no matter how they try to suppress us, black and brown americans will vote. >> you have talked about the congressional black caucus as being the conscious of the caucus on issues like this. can you give us a window into their strategic thinking. the way you have turned to that question on its head. talking about people who are opposing this. how they are the ones who need to worry about their futures in terms of how the politics of this will play out. i know you are thinking this 10 steps down the road. if things do fail tomorrow in the senate. and transects and cinema decide they want to go down in history for this reason. is there a way, under, over or around that wall? >> you are right. we have been strategizing, the congressional black caucus has been a leader. six months ago i was arrested another members have been out there marching, protesting and writing legislation. trying to work with those on the other side senators over there having initial problems, they are for the voting rights. it's the big elephant in the room. the filibuster. it reminds me of when martin luther king jr. and so many others were going across that edmund pettis bridge. they didn't cross at the first or second time. they strategized for the littlest lady sunday and they got it done. we won't give up. we will go back and get it right. this act must be reauthorized. we will stop talking about it or fighting for it. we won't give up. i am hopeful we will get there. i am hopeful we will have enough of the senators to do what's right. someone said today if we had state rights in washington dc we wouldn't have this problem because we would have two senators voting with us. but we don't have that, but we will see what happens tomorrow. there will be another tomorrow and another tomorrow. >> congresswoman joyce beatty. madam chairman thank you so much for joining us. we have much more ahead here tonight, stay with us. as it could come back. kesimpta can cause serious side effects, including infections. while no cases of pml were reported in rms clinical trials, it could happen. tell your doctor if you had or plan to have vaccines, or if you are or plan to become pregnant. kesimpta may cause a decrease in some types of antibodies. the most common side effects are upper respiratory tract infection, headache, and injection reactions. ready for an at-home treatment with dramatic results? it's time to ask your doctor about kesimpta. >> i am so grateful, so unbelievably grateful that we are tonight, unlike every other service like this that i have done. tonight we will not be saying our traditional prayer. for any of us. thank god. thank god. it could've been so much worse and i am overflowing. truly overflowing with gratitude. >> that was rabbi charlie walker leading a service tonight for congregation beth israel. his synagogue in texas. that's in the suburbs between dallas and fort worth. those services that you saw tonight, that was the congregations first service since the rabbi and three of his congregants were held hostage at gunpoint for 11 hours over the weekend on saturday. the fbi has now identified the gunman who held them hostage. it's said he has mental health problems and political demands during the hostage crisis. the rabbi led him into the temple thinking he was a stranger in need of warmth and shelter. the rabbi even apparently made him some hot tea but once services started the man revealed he had a gun. luckily services were primarily virtual because of covid , in addition to the rabbi there were only three congregants attending in person but those are the people who got held hostage. the standoff lasted ultimately for 11 hours, the way it ended is that the fbi and the hostage rescue team entered the synagogue and shot and killed the gunman. shortly after the hostages had escaped on saturday night. it's incredible that none of the fork hostages were hurt. obviously they were traumatized by this but none of them were physically hurt. yesterday the rabbi put out a pretty incredible statement as to why he thinks that is. it's specific in ways that kind of knock you back. he said over the years my congregation and i the anti- defamation league and the secure community network. we are alive today because that education. we have participated in an active shooter and security courses. on the one hand practical advice and a practical explanation of what happened, but also as sobering as can be. he then goes on in his statement to detail his escape and how this thing ended. i could read it but i think it's best heard from the rabbi himself. watch. >> the last hour or so of the standoff, he wasn't getting what he wanted. it didn't look good. it didn't sound good. we were terrified. when i saw an opportunity, where he wasn't in a good position, i made sure the two gentlemen who were still with me, that they were ready to go. the exit wasn't too far away. i told them to go, i threw a chair at the gunman and i headed for the door. all three of us were able to get out without a shot being fired. >> joining us now is george and salima, senior vice president at the anti-defamation league. he focuses on security and programs like the one that trained rabbi walker on how to respond to situations like this weekend. ask for joining us. >> good evening rachel. >> what can you tell us about the kinds of training. obviously the rabbi is crediting these trainings in part for how he was able to escape and live. >> let me join you with as you refer to it, it's remarkable that the hostages were able to escape and those held hostage were able to get out unscathed. part of what the adl does and part of what we've been doing for the past several decades is serving as the leading provider of education and professional development both to communities as well as federal, state and local law enforcement on the patterns and trends of anti- semitism as we see it manifest across the country in the world. also different types of extremism and trends that we see. we are a facilitator of the education, knowledge and bringing together the expertise to train, fortunately in this case. as reverend walker illustrated, the best and brightest of our community to train him and his congregants on what to do. >> is there indirect line that you at the adl observed now between anti-somatic tropes and political language, conspiracy theories, and violence targeting american jewish institutions. >> there absolutely is a direct line. there was a story that ran earlier today in which rabbi walker was quoted saying something to the effect of, what happened to him in texas was not merely an accident and we, kind of saying this more broadly, we cannot let comments, phrases and insinuations that are anti- semitic in nature. we cannot let those go unchecked in society because the point he made at the end of the article was not that they are horrific and anti-semitic but that they lead themselves to ask of acts of violence. the first week i was back at adl there were white supremacist marching through the streets of charlottesville chanting that jewish people will not replace them. we had the terrorist attack at the tree of life synagogue. most recently this event we are talking about here. to answer your question, there absolutely is a through line with the anti-semitic tropes, the conspiracy theories in the acts of terrorism that continue to demonize, communities of faith across the country specifically against the jewish community. >> you alluded to past government service. with your background, having served under multiple administrations. thinking about this from a national security policy perspective, is there more that we could be doing as a country, particularly as acts of violence targeting american jewish people are becoming more frequent but more lethal as this pattern becomes inexorable. and sort of the anticipation of the next attack feels crushing already even as we are all devastated by the most recent one. >> yes. i think there is more we can do. there are a number of things we can do. when it comes to this type of incident, anti-somatic extremism in nature. there's a lot more the federal government can do as well as state and local governments. we can do more in terms of priority prioritizing the threat of anti-somatic rhetoric. irrespective of the political party in the nature in which it originates from. making sure that every level of government, federal, state and local is equipped to deal with these types of threats, insinuations of language head- on. making sure communities are equipped, prepared and fought through all the measures of the parodist that they need to take it so that an incident like this doesn't happen again. individuals like the hero that he is are armed with the knowledge. >> thank you very much for your time. such terrible circumstances but thank you for being here. >> thank you for having me. ha safelite replace. ♪ ♪ limu emu and doug.♪ and it's easy to customize your insurance at libertymutual.com so you only pay for what you need. isn't that right limu? limu? limu? 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testified in this case. a few weeks ago trump family lawyers filed a motion to try to block the subpoenas. to block trump and donald jr. and ivanka from having to testify. tomorrow we're expecting new york attorney general james to respond. to that effort by trump's lawyers to block the subpoena. she has a court ordered deadline tomorrow to explain to the court why she believes this testimony from trump and his children is necessary. because the type of filing this is because of the type of case this is we expect that this new niling from tish james tomorrow will tell us more about the case. than what we know now. the reason we expect this is because we have seen this movie before. august 2020, the same new york attorney general went to court to compel eric trump deposition as he refused to provide testimony. when the attorney general did that went to court, in the case of the eric trump subpoena, she told us a whole bunch about what it was she was investigating including new details about the trump organization valuation of multiple properties from new york to california. after that filing from the new york attorney general a judge ordered trump to sit for the deposition. he did end up testifying in the case. again the new york attorney general filing to the court arguing why she now needs depositions from former president trump and his two other adult kids that is due from james's office tomorrow. we expect that to be a public facing court filing tomorrow in new york. if passed as precedent. that filing will include new details about the seriousness and scale of the investigation into trump and his family business. so. watch this space. watch this spacety of magic in all that chaos. ♪ so different and so new ♪ ♪ was like any other... ♪ psoriasis really messes with you. try. hope. fail. no one should suffer like that. i started cosentyx®. five years clear. real people with psoriasis look and feel better with cosentyx. don't use if you're allergic to cosentyx. 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children can't wait for new leadership. here's our chance for a fresh start. on february 15th, please recall school board members collins, lópez and moliga before our kids fall even further behind. when you're born and raised in san francisco, you grow up wanting to make a difference. before our kids fall that's why, at recology, we're proud to be 100% employee owned with local workers as diverse as san francisco. we built the city's recycling system from the ground up, helping to make san francisco the greenest big city in america but we couldn't do it without you. thank you, san francisco. gracias, san francisco. -thank you. -[ speaks native language ] let's keep making a difference together. as we have been talking about tonight as we have been talking about for months, tomorrow the united states senate will finally begin debating voting rights protection. this senate is going to consider a combination of two bills that have already passed the house. freedom to vote act and john lewis voting act. democrats bundled together in a single vehicle and allow them to get around an initial republican filibuster. what happens after that? i don't know. we have been told to expect a vote on the bills tomorrow. that's now been pushed back. we're not sure when a vote will happen. debate will start tomorrow. it's going to do it for us. see you again tomorrow night. time for the last word with lawrence. good evening. >> we will be talking about voting rights tonight obviously. on martin luther king, jr. day. our first