in joining cabins, it just happens to be a similar aesthetic, and that was weird. enough. all right, that's gonna do it for me, for now. i will see you again tomorrow, with what will probably look like a normal backdrop. now it's time for the last word with lawrence o'donnell, good good evening rachel, you know, evening. denying rumors is sometimes a way of starting rumors. you might wanna, what was the rumor? you didn't have to deny a rumor that was there. >> it's just weird to have two people that look like they were in the same place. it looked like it was a fake thing. it's not fake. >> i believe you. we have a live situation on the set for rachel that we may coming to for the hour. i have, one view on the senate during or hour, and you missed, and i recommend it to you. the speech of jeff -- lifetime. and it's not the most compelling speaker on the senate floor, but he delivered the single most thorough historical analysis of the 60 vote threshold rule in the senate, that has ever been delivered on that floor. and there were some great speeches today -- including and this that pointed out. but boy, jeff merkley who is the authority on this that democrats have deferred to all the way through, he was really, it was a masterful 15 minutes or so. it takes you through everything you ever want to know about. in a really compelling style. >> -- you can just have my re-air hour and you can just play it. i hereby give you the baton. >> so let me get this straight, i would have to come back to work at midnight. i will think about that. [laughs] i don't want anyone to worry. >> when you address the rumors, it's just like here confirming them. >> good point. >> thank you rachel. >> thanks lawrence. >> denied. that is the last word in the first sentence of the supreme court's decision. and it is the last word on donald trump's, unprecedented, the court called it unprecedented, -- and block the national archives from handing over all of the records and documents of the trump presidency. donald trump and his lawyers did not have to read longer than the first sentence of the supreme courts -- a total cover-up has died. the court notes that only justice clarence thomas disagrees with the decision. all other judges agree that -- address the trump cover-up today. the application for stay of mandate and injunction pending review president to the chief justice and by him referred to the court is denied. the court said that donald trump's assertion of executive privilege was unprecedented, coming from a case like this. but trump's request would've been denied even if he were still president. because the court of appeals concluded that president trump's claims would have failed even if he were the incumbent, his status as a former president necessarily made no difference to the court's decision. the -- laurence tribe offered his opinion on the court's decision saying, this is huge. the january six committee released a statement, the supreme court action tonight is a supreme -- on democracy because we have already be gotten to receive records that the former president has hope to keep hidden, and we look forward to additional information to uncover all of the facts of what happened on january 6th. we will not be deterred in our effort to get answers for the american people, make legislative recommendations to strengthen our democracy, and make sure nothing like that they happens again. leading our conversation is -- and former acting u.s. general, he has been -- he is an nbc legal analyst. neil, i give you the floor in the reactions to the court. well >> well, i see this reaction to this. why is everyone so excited? because it is a dark time in our country. people are worried about -- and here we've got, at least for this moment, the rule of law coming back. even if ruled in a different way, i told you there are different results that the supreme court was appointed here. the executive privilege case. it is exactly what happened, they denied donald trump's claim 8 to 1. what is it now? executive privilege is a good idea. it is that there is some secrecy about the decision-making for things like foreign affairs, but it's not about is plotting to overthrow the american democracy. trump tried to evoke it for that reason and the claim was a loser from the start. the court rejected it right away. the circuit court took nine days to right ahead opinion blowing it out of the water. and today the supreme court, to put it mildly, totally overthrew -- >> certainly, the judiciary at the supreme court level has become over politicized in some people's minds. but the supreme court opinion that they accepted today in full, was written by three judges who were elected by democratic presidents, some of obama's and some of biden's. with these three appointees on it, six appointments from republican presidents, they accepted with only the exception of clarence thomas, they accepted the reasons by democratic presidents. >> exactly. and it's not supposed to be about trump's judges or obamas president judges. it is only supposed to be about law. and the -- what is involved in the january six committee, everyone in the case understood that jonnel trump has one signature move. that is to delay. in the opposite of the way that all of trump's -- this case was actually filed on my mom's birthday, october 18th. three days and one month ago. there was a -- because they understand there is a need to find out the truth. and trump has been evading that for so long. >> where does it mean for steve bannon, mark meadows, and everyone else on the trump team who are trying to evade the committee subpoenas? >> i think the technically whole term is deep pooh. it is a real problem for them they are going to be indicted for not giving these answers to congress. mark meadows is on his way for the exact same thing. both of their advances to contempt's, executive privilege. and the supreme court today, blew that out of the water. that means that these individuals really do have to go and talk to the investigators in congress. but also, more significantly, it means that trump signature move to not just hide these documents, but all these people who are going to be testifying for live televised hearings in congress. that is now decimated by the supreme court's ruling. it's going to be very hard for all of these groups, not just meadows and mark but for giuliani, and all the cast of characters who evade testifying. they can have documents, and so on, but today -- >> and we also know for a fact, what's the committee staff, are already in possession of these documents and they are coming by the borough full constantly from the archives. when these hearings to go public on television, they will be hearing readings from these documents. from memos, from emails, from possible tax, from government phones. all sorts of information that that committee does not yet know but will be discovering over the next several days and weeks. >> yes lawrence, i agree with you. but there is one asterisk. trump has moved this delay, and i think what he is meaning to do is filing more lawsuits and invoking privilege for each one. all that is going to fail. the supreme court -- just to give our viewers some sense to this, for the former president, to not have your case not go to the supreme court on an executive power cord is -- the supreme court's gonna review your case and likely rule for you. you gotta try really hard. it's like a republican or democratic voting for mayor, it's impossible to lose, but you may have to work at it. he made such bogus claims about executive privilege, and for this court to do with it dead he led them there. possibly, for his team of ceramics tunis to try to block this documents and testimony from coming out in these documents. >> thank you for talking to us about this historic night, and this case. >> coming up, more trump news in hearings in which donald trump has engaged in fraudulent or misleading -- we're keeping an eye on the senate floor for you on what's happening there tonight. we'll be right back. happening there tonight. we'll be [limu emu squawks] woo! thirty-four miles per hour! new personal record, limu! 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for holding a vote on voting rights legislation. this would be a onetime change of the senate rules, just for this one piece of legislation. we are going to monitor the situation on the senate floor, as it develops, especially when it gets that dramatic moment of calling for that vote. we will be keeping an eye on the senate floor. also today, in a 150-page legal brief, filed in court, in response to donald trump's attempt to evade of subpoena, for his -- new york state attorney general, letitia, james said the trump company has engaged in, quote, fraudulent court misleading. her words. these are practices in their business. the attorney general's filing says, quote, in light of the pervasive in repeated nature of the misstatements and omissions, it appears that the valuations in the statements were generally inflated as a part of a pattern to suggest that mr. trump's net worth was higher than it otherwise would have appeared. -- against donald trump. donald trump junior, and ivanka trump for their testimony. eric trump has already given an under oath deposition in the case, in which he refused to answer questions, citing his fifth amendment rights over 500 times. in the filing released, the attorney general says, since 2017, donald trump junior has had an authority over numerous financial statements containing misleading asset valuations. donald trump junior should be compelled to testify before the office of the attorney general. until january 20 17th, miss ivanka trump was a primary contact for the trump organization's largest lender, deutsche bank in connection with this work, miss trump cause misleading financial statements to be submitted to deutsche bank and the federal government. ivanka trump should be compelled to testify before the office of the attorney general. in a press release, the attorney generals office noted that they have, quote, not yet reached a final decision regarding whether this evidence merits legal action. the trump organization, which is currently under indictment in new york city, because of its practices, released a statement in response to the attorney general's filings, saying, her allegations are baseless and will be vigorously defended. joining us now, daniel goldman -- during the first impeachment trial of donald trump. he's also former assistant u.s. attorney, and an embassy -- senior columbus for bloomberg. he is author of the book, trump nation. daniel goldman, let me begin with you, and what you read in this attorney generals filings. >> well, it's quite a filing. somewhat unexpected, i think, at this stage of the civil investigation. in particular, because of the parallel criminal investigation that is going on. incredible details about the various ways that the attorney generals office has uncovered that donald trump, and the trump organization, and his children, after he took over, misstated, over inflated values of their properties, in order to get financial benefits, in a way of loans, insurance, and tax deductions. it is quite an extraordinary recitation of those facts. some of which are pretty alarming, some of which are somewhat humorous, including the fact that donald trump represented that's apartment in new york is worth 300 and $27 million, which i believe would be the most expensive residents in the world. allen weisselberg said that is an overstatement, by about 200 million. putting aside some of the humor in some of these overstatements, it's serious allegations of misstatements. there are a number of questions here, and they run the gamut. including, whether this was wise to do, in light of a criminal investigation that is ongoing. whether it actually response to donald trump's allegations of political motivations, by the attorney general. whether these depositions should go forward in the light of the ongoing criminal investigation. and then, also, what's impact that will have on the criminal investigation, when they are in front of an active grand jury for much of the same conduct, and whether this will allow witnesses to better prepare themselves, because they know a lot of the facts. so, there's some inside baseball, lawrence, but i think the top line is that donald trump in the trump organization, grossly misstated their valuations of properties for their financial benefit. >> tim o'brien, you've been studying and writing about trump businesses for years. you wrote the book, that donald trump to do for. were you basically said a version of what the attorney general is now saying, that donald trump was wildly overstating his wealth. you, of course, won that lawsuit over donald trump. this reading, for you, of the attorney generals hundred and 50 pages, had to be quite an experience, after the book pages that you produce on the same subject. >> it was groundhog day, lawrence. as it always is with donald trump. it's just a new version of the same old grift. and children are doing what he did, he was doing with his father did. this kind of behavior is almost in the trump family jeans. the issue is whether or not the new york attorney general can prove intent to commit to fraud. that they knew what they were doing was, wrong and they went ahead and did it anyway. that's a high bar. there is no doubt, i think, there was a grift going on here. there is no doubt that the trumps routinely inflated and deflated the value of their assets to court the media, to appease from ego, to get banged loans and to run circles around tax collectors. i think, there is ample basis in the evidence that they've already collected in the new york attorney generals office to proceed with this. i think as dana's pointed pointed out, there's a number of strategic reasons why they handled it this way. undoubtedly, letitia james is frustrated with the trumps thumbing their nose and her subpoenas and requests for depositions. there's a lot of bad blood among all the parties. the fact is, she has started to line her ducked up. -- that were overlooked, or got the scrutiny, was the fact that trump, himself, there is evidence of him signing off on some of the paperwork that involved assets with inflated valuations. in other words, trump was a participant. he signed off on some of the things that are being investigated. he has a direct connection. in theory, this can go directly to donald trump. but, they've got a lot more evidence to collect, and a lot more proof they have to put at the table. another thing that's in this document, that i think is important, is that they seem to believe that the trump organization has not been fourth coming with all of the evidence and the requests that were made pertaining the information. they want more. i think it's a robust, dampening document, but we still have to see whether it rises to the level of fraud charges, that they can prosecute successfully. >> tim o'brien, and daniel goldman, thank you for joining us on these important developments. i really appreciate it. >> thank you. >> thank you. >> when we come back, will be covering the breaking news on the senate floor with the voting rights crusade, and the upcoming vote on changing the senate rule. that vote might occur within this hour. we'll be right back. 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there is a -- >> day mr. baldwin. mr. barrasso. mr. bennett. what mrs. blackburn. >> that was moments ago on the senate floor when majority leader chuck schumer asked for a vote to overrule the parliamentary ruling that did not allow him to oppose a special role for voting rights. so what they are now voting for, is, the question of overruling the chair. in such a way, that will allow for the democrats to have a vote on voting rights on the senate floor. technically, a yes vote affirms the ruling of the chair. and a no vote, is a vote for senator shooters proposition to rue on from the parliamentary rules 60 vote threshold. they're about to vote now, there it is. >> no further votes tonight, >> as expected 52, to 48. 52 democrats voted to change the rule -- only 48 democrats voted to rule that. 52 votes in favor of preserving the rules. those two votes came from joe manchin and kyrsten sinema. joining us now, a congressional historian norman ornstein. chuck schumer brought up of version of the senate rule that you have been arguing now for years. >> and, they've gone through multiple iterations here in order to get manchin and sinema on board. this was, in many ways a strip down and simplified one. only on this package of voting rights bills, have basically, been enacted and implemented. every senator could have spoken twice, that is actually in the senate rules, rule 19. then it would've been an upper down vote. that, which was a pretty simple way of doing this, and really would have allowed ample time for the murder nor the to do this case. it still would've worked against manchin and sinema. so, voting rights has died, basically on the sword of the filibuster. it is a long history. something chaff -- talked about at length, as you mentioned on the show. maybe we will come back, but i think this is a dark day for the senate and our democracy. >> yes, and ej, what's they were proposing, would have allowed each of the senators to unlimited speaking slots. you could speak for 24 hours if you wanted to. or two hours. just on the assumption that each senator spoke for one hour twice. that would be 200 hours of debate on this bill. and 52 senators stood up tonight and said, no 200 hours of debate on voting rights legislation would not be enough time. >> well, first of all it is a tragic night for democracy. i think this fight is going to continue. i think they are going to blow it up in sections. i do hope that the democrats don't stop here, including chuck schumer. i don't think they well. i think the line from senator tests of montana, said that the senate had gotten lazy. you can just stop legislation from doing nothing. you didn't have to produce anyone on the senate floor. the other side can produce the votes and that's it. so i think it would require more instruction us to stop the bill and work at it. i think it's a really sad night because democrats did everything they could to try and get this -- the way in which senators manchin and sinema -- it wasn't getting rid of the filibuster altogether that would have allowed ample debate, it came pretty close, it sounded like with manchin. people like jane, and king, and has a really moderate senators who almost got there, and it's very sad. but let's not forget that there were 16 republicans who had in the past voted for voting rights. not one of those republicans was willing to stand up for voting rights in 2022. so yes, it is on manchin and sinema, but it is also on all of those republicans. and norm, angus king spoke tonight and independent senator from maine, for the senators who have changed their minds about this just within the last year. joe manchin frequently points out in years past, many of these democratic senators has said we should not change this rule in any way. but they have all changed their minds. that is kind of the point. that they change their minds. they once thought that this was a reasonable way for the senate to proceed, but in the day-to-day experience of the senate dysfunction, they have changed their minds. what is very clear, is that you would not have 48 votes on chuck schumer's position on this a year ago, or even possibly six months ago. >> we've seen a lot of people, mostly republicans and conservatives, who have been saying, there have been a lot of other senators who liked the cover that manchin and sinema were giving moms. they didn't really want this. they weren't sure what was gonna go down. they wanted to protect themselves. none of them did. i think angus's speech, which was not as eloquent as the one given a few weeks ago but was good today, was extremely powerful. and i think this is a really important one, lawrence. this is not a change that people make easily just because now we've got the power, we want to rule over the senate. it was a long and painful change, based on experience. based on reality that this is not the senate that needs to operate. it was a filibuster used as a weapon of mass obstruction. it is -- and change expects really, he believes that we are experiencing an event as exam chills that threat to our democracy. it is unusual. it was another part of the disingenuity that we see out of a minority leader. >> this speech was not a careful speech. he was using a lot of the material that he was using before. it was almost as if this speech had nothing to do with the vote that was gonna happen with this role. he said, we're debating a fundamental change in the senate rules that will forever after function in the way that things function for essentially one vote. the minute after that the body would go back to its previous functions. joe manchin said also without rules there would be no rules. again, it was a onetime change that the senate was voting on tonight. ej, senator manchin has also expressed -- senator manchin has said, there really isn't a problem out there. and mark, and the lawyers who are fighting this in court, these republican actions by legislatures, they can of course fight them in court and there would not be any -- manchin is insisting that no voters would behind in any way by what's happening out there. >> the most convenient thing about that is that mark elias who is fighting all these cases, does not agree with that. marc elias is one of the strong proponents of this bill, because he knew that this would maybe die in court. a few days ago, and said that congress needed to add to the justice department the power it needed to go to court and fight these voter suppression measures. what's really -- about these arguments is that the filibuster has been changed again and again and again. by mitch mcconnell know, changing the filibuster to help put three republican appointees on the supreme court with just 51 court votes. so it's not just to change the filibuster rules as some sacred rate that came from the founders, because the filibuster did not exist for the first 17 years of congress. arguably, it was kind of by accident, and rewrite by -- of all people. so it is really such a chain -- it is really such a shame that history has been -- in this way. >> we're coming to a commercial break in this live conversation, when we come back more to my point what joe biden said today. this is not over. in the presidents teleconference he said they will's come back at the voting rights issue. we'll be right back. rights issue yes, please! neuriva. think bigger. realtor.com's draw a map feature helped us we'll be right back. find what we wanted, where we wanted. so we could finally buy our first "big boi house." big boi house. big boi foyer! big boi marble. big boi quartz. word? realtor.com to each their home. inner voice (sneaker shop owner): i'm surprising my team with a preview of the latest sneaker drop. because i can answer any question about any shoe. but i'm stumped when it comes to payroll. intuit quickbooks helps you easily run payroll in less than 5 minutes... ...so you can stay... one step ahead. 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repeated questions about the situation in ukraine, and after the president made the distinction between a major and admire possible russian incursion in ukraine, reporters pressed the president on what would be minor. the president then said that cyberattacks by russia, which have been underway, would not be considered a major change in the situation. whereas, invasion of ukraine by russian troops, would be. throughout the press conference, he was trying to achieve something that the white house press court has never been good at understanding. >> let's put it in perspective. >> that was the president talking about school clothes english, as a result of the pandemic, to a press court that seems to believe that the president of the united states has some control over school closing's. of course, the president of the united states has no control over any school closing's in america. president pointed out that 95% of american schools are not closed. much of the instant analysis of the press conference criticize the presidents use of the word minor, in relation to the possible russian incursion, without acknowledging that he then clarified in a completely rational way, what that meant in this context. the president said, he doesn't think vladimir putin has made up his mind about what to do in ukraine, and that putin has to ask himself, how long he wants to suffer the economic consequences of new biden sanctions that russia would face, including that russian banks would not be allowed to deal in dollars. >> how long? you can go in and great time, with great loss. go and occupy ukraine, but how many years? one, three, five, ten? >> to put presidential ukraine policies into perspective, there is this. >> the people of crimea area, from when i've heard, would rather be with russia, than where they were. >> in prepared remarks at the beginning of the press conference, the president concentrated on the successes of the biden administration, in passing a massive instruction bill. that the previous -- the president also described inflation as a supply chain issue, pointing out that one third of our cost of living increase this year. one third of it comes from car prices, which have increased because of a dramatic shortage of computer chips, during the pandemic. as usual, some white house reporters from their questions using talking points from the opposition party, to which the president said this. >> think about this, when republicans for? one of the four? name me one thing that they are for. >> back with us, ej dion, and nor mormons. dean the president also said in this press conference at the belt build back legislation could be broken up into bits that could be managed by the -- so that they could get some of that legislation, same thing with voting rights. he indicated that there are ways to pass some elements of what are in the various voting rights pieces of legislation, with some republican cooperation. in bulk of those instances, the president was clear, it's not over. norm, what are the prospects, as you see it, going forward, legislatively, for joe biden and the democrats? >> i'm glad that they've taken this tack. i think it's really important that -- where we go going forward. if you break this out into component parts. almost all of which, in voting rights and build back better, are highly popular in the bipartisan way, maybe you can re-frame this, in terms of the substance. the way the press has covered this, we saw this again in the press conference, is not about what's in these bills. it's all about whether you are going to have a certain dollar amount, who's going to come along, in effect the same horse race elements that we see in election campaigns. re-framing it may give you an opportunity to get something done. i don't think build back better is dead at all. with the voting rights, if you can move this back to component parts, there is a chance that we may get somewhere before the year is out. of course, the problem with voting rights, the longer we wait, the less impact it'll have on the 2022 elections, which are absolutely crucial for the future of the biden presidency, and the country. >> dj, i've never seen a presidential press conference like this. no one has. that's because joe biden was willing to stay there, in front of the camera longer than anybody ever has. because he did that, it opened up questioning to people who would not normally be called on. that includes a reporter from newsmax, who deep into the press conference, asked a very personal question about joe biden. let's watch the way he handled this. >> why do you suppose such large segments of the american electorate have come to harbor such profound concerns about your cognitive fitness? >> i have no idea. >> dj, i share it because one, it's a disgraceful question. but, the proof of the answer was in the longest press conference ever given on television by a president, in which the president demonstrated cognitive abilities that were superior to most of the questions. >> you know, i had exactly the same thought. anybody who could stand up there for that period of time, answering that many questions, was proving that -- i love the deep seriousness with which the questioner asked that question. i think the president did some important work today. it was really good to hear him ask that question, what are they for. i think, that's a line you're going to hear again and again. you could imagine, as the campaign rally and cry. it really marked joe biden crossing the rubicon, in a way. for too long, from my point of view, he really has strong faith that somehow, this republican party, in the trump era, could somehow behave like the republican party of old. the one that had real progressives in it, like jacob javits, and matt dais, the saying that republican party. joe biden basically got up there and said, he was disappointed. now, he is ready to draw some lines. i hope he draw some lines very aggressively about democracy. which is why, the voting rights fight cannot be given up. these problems in state after state, limiting the capacity of people to vote, cannot be barrage decide. to go back to your earlier question, breaking a build back better creates the opportunity to raise that whether you for question. yes or no on childcare, yes or no on health care expansions, yes or no on the voting rights bill on election day as a national holiday. there are a lot of good arguments to be had not can be forced of bringing up both of these pills. >> i wish we had more time to show more of this press conference, because there were some really great moments in it, all the way through. ej dion, norman steam, thank you both very much for joining us. >> thank you. >> good to be with, you lawrence. >> we'll be right back. before you begin an aspirin regimen. for people living with h-i-v, keep being you. and ask your doctor about biktarvy. biktarvy is a complete, one-pill, once-a-day treatment used for h-i-v 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