former president, one of the key pieces of evidence in that inquiry, trump's not infamous phone call to georgia secretary of state, republican brad raffensperger a year ago. begging him to find the 11,780 votes to overcome joe biden's win in that state. the judges order says the grandeur will begin hearing evidence on made the second and, quote, may make recommendations concerning criminal prosecution. according to the atlanta journal-constitution, the investigation goes beyond trump's phone call and will include, quote, the abrupt resignation of the former atlanta-based u.s. attorney, be jake park, and november 2020 call with senator lindsey. and false claims made by trump attorney, rudy giuliani, during a hearing before the georgia senate judiciary committee. the report says that funny willis will previously argue that appointing a special grand jury was necessary because a significant number of witnesses and perspective witnesses have refused to cooperate. as that investigation picks, up steam in the house and the investigation committee will be talking with at least one former member of trump's cabinet. specifically, bill barr, you may recall that even the ultra loyal barr refused to go along with trump's whole stolen election scheme. and told the associated press, there was no widespread fraud. committee chairman, benny thompson, has come from the panel is in talks with barr. and it's also looking into a draft executive order that would've prevented the defense department to seize voting machines all across the united states. >> we have had conversations with the former attorney general already, we have talked to the department of defense individuals. we are concerned that our military was part of this big lie on promoting that the election was false. >> political reports former new york city police commissioner and allies, bernie kerik, turret investigators that that plan to seek voting machines was the work of an ex army colonel need phil waldron. waldron also circle the powerpoint that urged trump to declare a state of emergency after the election. that would've been illegal as the former a.g., likely would've advised the former president. earlier this evening, another member described the investigation with -- >> they were informal conversations done by the investigative staff with the former attorney general. he was in a key spot, saw a lot and will remember that there are a lot of things that i didn't agree with the former attorney general about. but at the end, he did say that these claims of voter fraud were baseless. >> would you say he's cooperating with -- ? >> i don't know -- what does that mean. he is willing and has in fact had conversations with our investigator. >> as the committee continues its we're trying to get to the bottom of the capitol insurrection, the former house speaker, newt gingrich, another trump ally, has reportedly informing -- and offered up this warming of the upcoming midterms and beyond. >> i think when you have a republican congress, this is all going to come crashing down. and the walls are going to find out that they're now sheep. and they are the ones in fact who are going to face a real risk of jail for the kind of laws they are breaking. >> while. that threat did not sit well with committee vice chair, republican liz cheney who posted this on twitter, quote, a former speaker of the house is threatening jail time for members of congress who are investigating the violent january 6th attack on our capital and our constitution. this is what it looks like when the rule of law unravels. this is also would make authoritarian looks like. the man who actually did when the 2020 election is facing an escalating crisis in your. where there are growing fears of a russian invasion of ukraine. today, president biden put 8500 u.s. troops on high alert for possible deployment. at the state department is now evacuating family and some staff from ukraine. nato, in the meantime, is not moving more military equipment into eastern europe since russia has shown no sign of removing any of the hundred thousand troops it has stationed along the eastern border with ukraine. maybe this afternoon, biden held the secure video with european allies about the russian military threat and the possibility of sanctions should the kremlin make a move. >> i had a very, very, very good meeting. -- >> how speaker nancy pelosi and chuck schumer both asked that the white house brief all members of congress on the ten situation in ukraine. and late tonight, the white house was contending with the controversy of an entirely different sort created by a hot mic moment. it all occurred with the white house correspondent for fox tried to shut a question to the president on the issue of inflation. >> will you take questions on inflation then? >> thank you. >> do you think inflation is a political liability ahead of the midterms? >> it's a great asset. more inflation. what a stupid son of a -- >> not long ago they reported that the president called him tonight and told him quote, it is nothing personal pal. with that, let's bring in our lead off guests on this monday night. yamiche alcindor, anchor and moderator of washington week on pbs and political contributor for msnbc. ashley park, pulitzer prize-winning white house bureau chief of the washington post. and professor melissa murray of the nyu law school, she was a law school clerk before her nomination to the supreme court. thank you all for joining me. melissa, let me start with you. you are the law professor on the panel. the atlanta journal-constitution writes this about the decision to appoint a grand jury. special grand jury's, which include 16 to 23 people are rare in georgia. they can't issue indictments but they can't subpoena witnesses and compel the production of documents and information. how big a win is this for the district attorney in georgia? and how could this help advance our investigation? i know we've asked this question before but could trump be in real legal trouble here? >> i think it's a significant development for da willis down in georgia. one of the things a special grand jury can do is that it could focus exclusively on a single investigation as opposed to the general grandeur that has to investigate a wide range of different crimes. so this would be purely focused on the trump investigation, and again, it can't issue indictments. but he can subpoena witnesses. and given that many witnesses have exhibited -- it would be really helpful to da willis if those subpoenas can be issued and those witnesses can testify. >> it is going to be fascinating what happens there in the coming weeks and months. yamiche, donald trump was clearly obsessed with georgia. if you remember, on 16 in this rally on 16 in that now notorious speech, he now mentioned -- have a listen. >> we are leading pennsylvania, michigan, georgia by hundreds of thousands of votes. and then late in the evening, or early in the morning, boom. georgia, georgia, they defrauded us out of a win in georgia. georgia, georgia, georgia. they missed georgia that much. i love. and that do. it's a corrupt system. georgia, georgia, georgia. >> georgia, georgia, georgia. given all of that, we know that the 16 committee is looking to overturn the capital. do we know whatever the committee is making at the local and state level in places like georgia? >> well, thanks for having me on tonight. really, we do know that lawmakers who are on the january six house select committee, they have a team of lawmakers and aides who are looking specifically at former president trump's effort to try and influence local elected officials and local election officials to try and overturn the election. so, of course, georgia is going to be at the center of that. also remember that there were michigan lawmakers that were brought to the white house. and the president, was talking to them about the election. there was also officials in pennsylvania that were present. trump reported -- so what you see here really is lawmakers in the january six select committee taking this very seriously, but you also see, in, georgia eight willis taking it very seriously. also in some ways, making a very clear to the people who were on that call, including brad raffensperger, who had the -- to record this. called that they were needed to be witnesses. according to the da, including brad raffensperger that they are not wanting to be involved in this case. they are not wanting to comply with her and cooperate with her as witnesses. which is why she won the special grand jury to be in panel. and the grandeur, is to subpoena people, it's literally to compel people to testify. so it's interesting to see -- sorry not to subpoena people but to indict folks. so it's very interesting to me to see that one, this going after a local official. who, at the time were obviously alarmed by former president trump's overturned some pressure. but that they are at a federal level investigating and looking into the former presidents actions. >> yeah, and when we think about the raffensperger phone call, you mentioned the michigan meeting. those are only the combinations that we know about that trump had with state officials. who nobody said on the phone calls that we don't know about. actually, there's been a lot of focus on which trump allies were not cooperating with the 16 panel. meadows, i'm bedlam -- but now we're learning about those who are like build barr. what does that do to the theory that all these loyal trump -- are standing by the president. and what might barr be telling the committee? >> i think that you are right that the people who have fought and testified have gotten all the attention. but under the radar, there's a number of people like bill barr, the vice former president chief of staff -- who have been with little fanfare, going up and cooperating with this committee. and what it tells you is that, first of all, not everyone in trump's orbit is fighting. this for various reasons, there are some people who don't want to risk the subpoena or don't want to fight a subpoena. there are some people who were, frankly, alarmed by what the president said and did in the run up to january six. and as someone who's tried to report on this, with the january six -- one of the challenges is that there was a very small group of people left in the white house in the left wing and former president trump's orbit at that time. but some of these people, like bill barr, he was there through a christmas, i think the official day was november 23rd. he was there that day. these are people who actually have real firsthand visibility in what the president was saying, doing, thinking, ordering his team to do. and that is going to be incredibly helpful to the january six committee. >> yeah, and of course i should point out that bill barr was a loyal a.g.. but as soon as he said there was no fraud, trump started attacking him as he does attack many of his former employees. pretending that they were always useless apart for money hard them and praise them. melissa, max boot has a new piece out in the washington post. former republican, never trumper. headline, sorry progressives, the criminal justice system is unlikely to save us from trump. he points out that mueller and two impeachment trials came and yet trump is still a free man. it's unlikely a former president will ever be in person in the united states. he's got a point, hasn't he? >> well, i think this president has given ronald reagan around for his money in terms of being the tough law in president. but it's unclear how far this will actually go. again, i think that criminal investigation in georgia on unlike toro front is the only criminal investigation into the events leading up to the january six insurrection that can actually be traced. that could be incredibly promising. of course, any conviction that could come from a trial there would be appealed in the georgia state court which are controlled by republicans. that could be problematic. but i'm not sure the max boot is entirely right that all hope is lost. that there would be criminal accountability for all of the acts that this president undertook during his choice in office. >> so, let's stop talking about the former guy now. let's talk about the current guy. let's talk about what joe biden is up. two crisis in europe, ashley, what is the white house for tonight on the situation ukraine? is there an expectation that will be a military confrontation at least between the ukrainians and the russians if not only the u.s. troops? or is diplomacy still viable option from the white house's point of view? >> well, president biden in the administration in general are a very fluid situation for any of their allies will tell, you under still trying to figure out what are right now the best deterrent and best parts to take. -- especially after you came out the press conference and said he is going to be traveling around the country and getting out the bubble more and to handle this crisis. there's a number of agencies in the administration that we believe that russia is going to invade the york rain. that sort of attack is intimate by february. but, they really don't know. i think we'll learn more from capitol hill tomorrow. but again, they are putting more troops on alert. they are taking a more aggressive posture. but we sort of don't know because they have not made any official decision yet. >> yes, it's tense times. and in the middle of tense times, we've got this little blowup this evening. so earlier today at the white house, we mentioned joe biden's off mic moment with the fox reporter. yamiche, i want to bring you in here and ask about this comment that biden made. how much was that the president letting off steam irritated with the fox reporter not realizing the mic is on? how much is that an outrageous attack on the press? i mean, you are someone, who i remember, received some pretty vicious personal attack from the former president in the briefing room. is this anything comparable? what do you make of this whole incident today? >> i think it's fair to say that the president of the united states, whether democrat a republican, should not be cursing at reporters. whether they are frustrated that them or they don't like the question. i do see of course that he had a relationship with president biden. his question was on inflation was a pretty incredible thing to be asking the president on about today. and throughout this time we're seeing record highs. obviously, if you are supported president biden, you see this as him blowing off steam and him sort of attacking a president. at attacking a reporter, rather. but if you are a reporter, like, me when i hear from my fellow reporters is that this is not a good look for this administration, a reporting is that peter got a call from the president of the united states tonight, apologizing, and asking him to move forward. what you see there is also president biden recognizing that this is not an appropriate thing to do and apologizing to this reporter. >> yeah, i'm not sure how many times donald trump rang up people like yourself to apologize. i am going to guess, zero. melissa, last question to you before we run out of time. while this is going, on christmas in europe. legal challenges in georgia. am i right seeing that the far-right supreme court that we likely have is about to strike down affirmative action in higher education? is that what you understand is going on in these new cases? >> i think it's very likely, the court took certain two cases, one from harvard and one from the university of north carolina, both for real question -- the last time the court took this up was in 2016. of course, the court is incredibly different constituted now, in that 2016 case. it was kennedy who wrote for a georgia through majority. now the court is stacked with the system three super majority of conservatives. three of whom were appointed by president trump. i think it's unlikely that we are going to see affirmative action continue in the form that we know, it whether or not they will dismantle it entirely is entirely up to the court and they will take up that case next term. >> melissa, i think it's fine i think all of the supreme court justices will follow the law and not their own political bias as i promise you. you michelle sandal, ashley parker, melissa murray, we will have to leave it there. thank you so much for your time. as the u.s. prepares equipment and troops for ukraine, how close are we really do more? alaska former u.s. ambassador to russia and nato why swing state arizona, yet again a troubling microcosm of where today's republican stand on imaginary voter fraud and very real voter suppression. the 11th hour, just getting underway on a monday night. stay with us. gettin gettin underway on way of moments like these? but 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today's new york times. getting out of the current crisis for choirs acting, not reacting. the united states needs to shape the diplomatic response and engage russia on the west terms, not just russia forging a united front with european allies and rallying border support should be america's longest game. otherwise the saga could indeed mark the beginning of the end of america's military presence in europe. back with us, michael -- former invested or to russia and former -- his book is titled from cold war to hot piece. the american ambassador in putin's russia. michael, thank you so much for coming on the show tonight. how much room do you actually have for the diplomacy on russia even a? interestingly, ukraine's old national -- he doesn't believe invasion is imminent and we should avoid panic. do you believe putin has made a final decision? >> mehdi, i don't believe there's been a final decision. i want to underscore. i don't know if he's made a final decision. i don't believe president biden. no i don't think foreign secretary minister knows -- he likes to have uncertainty. he likes for us to be negotiating amongst ourselves before we negotiate with. them and, if i had to guess, i think he's still waiting to make the final decision and remember, the final decision is not invade or not. in between doing nothing and marching soldiers and options in between. that's a good point. and there was a point you posted over the weekend that i wanted to ask you about. here's what you said, quote, since 1945 until today, u.s. soldiers have been stationed in germany to deter soviet threaten our russian threat. i don't recall german leaders describing these deployments as too provocative to moscow. now, aside from the fact that the usa, with the u.s. society invaded germany and took over berlin in 1945, i'm just wondering, are you suggesting with that analogy that we should have a permanent decade -long deployment of u.s. troops in ukraine as we have had in germany since the war? >> no. i wasn't. it was a reference to a much smaller debate. now we are having longer allies in german allies -- and there are some politicians in europe and some people in the united states that believe increasing military assistance to ukraine right now is provocative. and my point is, that is deterrence. that is a way to try and deter and not to escalate war. and we can disagree about this arguments. but a conversation with senior ukrainian officials, including president zelensky, when i hosted here several months ago, they want more military assistance. because they know that we are not gonna fight for them. needles not gonna fight for them. everybody is crystal clear about. that so they want to have the ability for themselves to try and deter a russian escalation of the military intervention. let's remember, 14,000 ukrainians have already died in this russian ukrainian war. >> yes, this was been known for years, sadly. and it hasn't got enough press attention. you mentioned deterrence. some people argue, well, giving weapons to ukraine isn't a deterrent. it's just more likely to lead to more of the provocation, that you just noted,. new york times argues that we should avoid war with russia at all costs. and he suggests a strategic retreat of all sorts. he goes on to, right given, those realities and the pressing need to concentrate american power in east asia to counter china, it's clear enough where an ideal retreat could end up with nato expansion permanently tabled, with ukraine subject to inevitable russian pressure but neither invaded nor, annexed and with our nato allies soldering more of the border of retaining a security perimeter in eastern europe. do you disagree with that? >> yes and no. first of all, president biden agreed with that. he would be a one term president. i think it's very important to understand their domestic politics that he has to think about as well as policy implications. but on the policy implications, we basically have all of that, everything that was just described there. nato expansion, there hasn't been a major wave of nato expansion since 2002. there has not been any conversation about ukraine joining nato in any serious sense since 2008. i served five year in the obama administration. i was in every meeting with the president, with putin and president -- at the time. never once did this issue come up. why is it coming up today? because putin is inventing. this as a reason to threaten ukraine. he is inventing this crisis about nato expansion. and therefore, i think it would be a catastrophic mistake. to react to invent a crisis that he has set up on the borders of ukraine. >> so on that note, and you mentioned the domestic politics in the u.s.. let's talk about the domestic politics in russia. sometimes, we reduce countries to broaden their leaders. especially countries we are post. but let's go beyond putin for a moment. among the russian people of a hole, is it not a general sentiment that need, to the west, needs to back off? isn't that a priority for russia as a whole not just for putin? >> it is today, it's a great question, but it hasn't been continuously that way for 30 years. i think that's a great new important thing to remember. there were other russian leaders who are not talking about the threat of nato. i want your listeners to go google precedent mckenna speeds at the nato 2010 list and sentiment, and see what that russian leader was saying about nato at the time. second point is, the russians also don't want to go to war with ukraine. if you read the public opinion, polls and remember it's an autocracy, so it's hard to know if they're active or not. the vast majority seek ukrainians as -- there is also family ties, ethnic ties, and deep historical ties. they don't want to go to war for ukraine over some, you know, long term threat of nato years decades down the road. >> yeah. let's, hope no one wants to go to work when it comes down to it. and, everyone, you've got your homework at home. google that speech. but not till the show is over. former ambassador, michael mcfaul, i appreciate you taking time to speak with us. >> thank you for having me. >> coming up, what could actually stop republicans from one prominent voice but, it laughing all the way to election day. that's when the 11th hour continues after this short break. 11th hou continues after break. -we are here! -for new homeowners, it's smart we parked near the exit. -absolutely. -there you go. that way, [whistles] let's put away the parking talk, maybe, for a minute. parking is where the money is, though. can you imagine what this place pulls in on parking alone? alright, no more talking about parking lots. a lot of these are compact spots. it's not pretty. progressive can't protect you from becoming your parents, but we can protect your home and auto when you bundle with us. we still planning to head out around the third quarter? let's not talk about leaving 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vice president. she will be hosting an upcoming show here on msnbc and on our streaming channel. the choice on peacock. and susan the msnbc political analyst and a veteran political strategist. thank you both for sorting me. susan let me start with you, what is your reaction to that nbc poll? midterm elections are traditionally low turnout. this one is pretty vital. how do you get democrats to get excited? >> first let me start off with i can't believe i'm going to say this but i agree with bernie sanders. republicans are laughing all the way because they never have to take a vote, the way democrats start changing the environment is by taking votes that they can win. so, it could be small ball, it could be insulin, it could be $35. that was in build back better. it can be universal pre-k. there are a lot of different votes that they can take and get republicans on the record. i would put a 15 dollar minimum wage for those republicans who like to fancy themselves progressives. that is how they start at least getting their base more vote hated by seeing them do something. right now it's like loom in doom. it's written in stone. it's not written in stone. yes it's our history of always turning the house over, not always, but almost always. party against the party that's in the white house some. but there is room and time here. >> well, room and time. simone, do you agree with that? and i have to ask, kamala harris is not just your former boss bernie sanders is a former boss. do you agree with the senator that breaking this thing up, making republicans and joe manchin and kyrsten sinema bowen insulin, the climate change, and universal pre-k? is that the way forward to saving democrats seats come in the midterms? >> i have worked for a lot of people. i agree with the good senator from vermont, and i also agree with parts of what susan said. the reality here is first and foremost, the sky is not falling, polls go up and down. and polls are a snapshot about how pieces of the electorate feel at that given time. there is still time here. i would also know that democrats, put forward ideas, they put forward legislation, but in the senate particularly a has been blocked by republicans who have been unwilling to let some of these bills come to the floor for debate. we talked a lot about voting rights over the last couple of weeks. we will continue to do so here in this network because it will be in the news, the reason the democrats are even able to bring the voting rights bills, the freedom to vote act in the john lewis voting rights advancement act of the floors because leader schumer had to go around using some of these archaic senate rules, to get the bills on the floor. because republicans had blocked debate. i say all this to say, democrats, they have been working and fighting, what you heard from senator sanders this weekend is the suggestion that we have to get a little more crafty. i absolutely do agree. there is still time, and this administration has something to run on. one last point i would know is this. we talked a lot about midterm elections and whatnot, midterm elections are november 2022. i work to governors race in 2014. in a red state for democrats. in 2014 you cannot out of the words health care, you could not utter the words president obama. and it's very different this year, democrats across the country, they have something to run on, the bipartisan infrastructure wall. the american rescue plan. the progress that this administration has made. yes there are some real challenges confronting this administration, when it comes to inflation, the pandemic, but democrats still want the premiere president and vice president in their districts. and i think it's cause for pause here. >> susan, you recently wrote quote, it's time to do triage on the biden administration. you pointed out that the legislative agenda, the biden agenda, is bleeding out. question to you. you've worked on a lot of races, how much do you elections really turn on policy? i know we love talking about is a health care, is a kitchen table issues in pocketbook issues. but how much of it is about policy and how much is it really about people's feelings, peoples identities, but republicans really are good at shimmying up, is people's fears and anxieties in hopes and concerns. how much more is it about that and strict policy measures were bills? >> it's not about policies, but it's about anger frankly. that's what's midterm elections are mostly about. again, as a referendum on the party in the white house. in this case holding the house in the senate. without question, the republicans have used tactics of fear and hey. i will not deny that. at the same time, they also speak directly to people, and not tell them what they should be feeling or how they should be feeling about the administration, or their ideas. which right now some republicans lack, they try to be more related will, and say you are right, there is inflation out there. and we do need to stream struggle, not struggle, we do need to work together to get this done. it is a struggle out there. it's time for democrats, the reason i wrote, that is i want them to be more aggressive. i actually want them to hold the house in the senate. what policy does is allow for winds, and give them something to talk about, but they have also got to push back a lot harder on republicans. >> yes in the best form of defense is a good offense. also, just bear in mind, donald trump ran for reelection in 2020 with no policy platform, and got 75 million votes. which tells you something disturbing about america today. simone and susan are staying with us. coming up next, how the trump big lie is inspiring dozens of republican backed bills to change arizona's elections, well arizona's kyrsten sinema does nothing. that's when the 11th hour does continues after the shows break. break. 11th hour does continues after the show hm... i know how difficult these calls can be. not with 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publicly opposing the filibuster. he did a great speech in atlanta few weeks ago. but what was the thinking inside the white house in 2021? why put off the voting rights struggle and go for infrastructure in build back better first. we lost a lot of time, didn't we? >> i think the president was actually very frank and clear with folks about his thinking there. he did a town hall earlier in the year, in 2021. where he was asked this very question. and the president basically said, he had two legislative packages, at that point it was one big package. it was bipartisan infrastructure deal, it was broken up by -- in the build back better agenda, he wanted to get those done. in the next legislative fight he would take on would be voting rights. votes can debate and argue about whether that was the best strategy. in terms of publicly, the president himself, publicly coming out on those issues. he said why? he said he did not think he would be able to get the support of all of the senators and members of congress that he needed, if he started with the voting rights fight first. that was in fact his thinking. hindsight is in fact 2020. i think now, the reality is, yes the vote on the debate of the bills, the debate of the actual bills, and the filibuster did fail last week. but it is not over. democrats can bring the bills to the floor in different ways. they can break the bills up. there is bipartisan, or there should be rather, bipartisan need and sense of urgency to address these issues. the bills you are talking about an arizona, they just don't affect democrats. they affect democrats in arizona period. democrats, republican, young folks, old folks period. we've allowed this conversation about voting rights as if it's only something that affects democrats, or is just an issue for black voters. it's an issue for democracy. that's how we should be discussing it. >> yes indeed. that is how we should be discussing it. interesting lee, there is no bipartisan support for federal voting rights legislation. there is a new bipartisan push to reform the very archaic electoral -- which some would argue helped cause the one sixth event. do you think that's good enough? can democrats trust mitch mcconnell and this particular -- and doing a deal, just to fix the electoral count? >> i think they should get it done. at least it is something that you can point to, and say we achieved this. there is talk about biden doing a couple of executive orders, on voting rights. he should get that done as well. it goes back to our previous conversation. get the victory you can. simone is absolutely right, about this being an issue though that affects all americans. it affects democrats and republicans. that disaster is bill in arizona, is going to make it so hard for people in arizona, all people, all of them. to vote the way that they used to votes. it will unplanned the same system. ironically it will probably be one republican, in the state senate, that prevents this becoming law. the state legislature in arizona is 1816 republican democrat. this one republican will not sign on to it. it probably will not go anywhere. it's probably more election day propaganda if you will. these are very dangerous times. we should be focused on expanding access to the ballot. not restricting it. >> yes, when you have joe manchin running around congress saying everything is fine. you say is the, lying is he being ignorant. he's from west virginia. who knows. when you have kyrsten sinema who's from arizona, ground zero for voter suppression. it's bizarre how this is been allowed to continue. simone, i had arizona congressman reuben -- have a listen to why he had to say about senator sinema and manchin. >> these two senators have agency. we cannot just give an excuse, everyone else needs to do their jobs. these are adults. these are people that have run. these are people that have had opinions by the way. in the past, just a month ago they voted to exempt the filibuster. that's where we need to focus on. we need to make sure people understand, that senator sinema and manchin, purposely reputed this agenda and other democratic agendas. and we should hold them accountable by whatever means we can. >> simone, is it time for joe biden as leader of the party, or not just as president, to be a bit more frank or at least lbj ask and call these two senators? how old them accountable? especially sinema who's vulnerable in arizona. should there be political consequences for joe manchin in especially kyrsten sinema? >> i don't know about frank underwood, i will say that the president has, i think the president has been is clear in frank as he can be. he went, he has gone up to the senate at this, point at least two times. to a senate caucus, lengthened in them caucus lunch to make a case for his agenda. once on the build back better agenda. and the bipartisan infrastructure deal. then he did it again most recently on voting rights. the president is using the tools of the white house. kirsten sinema is receiving consequences for not just her vote against, or her unwillingness to support the agenda last week, but her vote against raising the minimum wage. and the covid-19 relief bill. her unwillingness frankly to be clear about where she stands on a number of bills. there are as a democratic party, they got hurt elected. if they are willing to censure her, so public two years before natural election. it must mean there's some things cooking in the water. >> it's outrageous to millions of democratic voters and activists and she just turned her back on them. it's outrageous. we have to leave her there. simone sanders and susan, thank you so much for your time tonight. appreciate it. coming up, why some virginia school districts are already suing over an executive order, from newly-inaugurated trump supporting governor glenn youngkin. that's when the 11th hour continues. youngkin youngkin that's wn hethe ave her cake and eat it too. 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in effect monday, newly affected governor glenn youngkin's executive order allowing parents to decide whether or not their child should wear a mask at school. undoing the previous statewide mandate. >> it means that our son will be able to breathe more freely and we look forward to this day for a very long time. >> while some districts are celebrating in the new direction, others stand firmly against saying it puts children's help that safety and risk at a critical time. several districts refusing to comply with the order and requiring students to continue wearing masks. seven of them now taking youngkin to court, challenging an order they call unconstitutional. >> i honestly don't make it in masks forever, it is just not feasible. but, they know it's the right thing to do to protect others. >> the governor's office responding that they will defend their order as the legal process plays out. they are disappointed that the school boards are ignoring parents rights. youngkin himself tweeting guidance on the ongoing battle over the weekend. i urge everyone to love your neighbor, to listen to school principals, and to trust the legal process. >> and this issue is not unique to virginia, we are seeing similar school standoffs happening in texas, arizona, and florida. these cases could likely end up in court and could take weeks, even months to be decided. in richmond virginia, i'm katie back for nbc news. >> coming up, president biden made some choice remarks about a report today. given what the former -- debate about civility again. when the 11th hour continues. 11th hour continues hey lily, i need a new wireless plan for my business, but all my employees need something different. oh, we can help with that. okay, imagine this. your mover, rob, he's on the scene and needs a plan with a mobile hotspot. we cut to downtown, your sales rep lisa has to send some files, like asap! so basically i can pick the right plan for each employee. yeah i should've just led with 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that is our broadcast for this monday night, with our thanks for being with us, on behalf of all my colleagues at the networks of nbc news. goodnight. nbc news goodnight. it was march 1978, it was early in the morning like 6:30 in the morning it was a friday. and it was that the harry s truman presidential library in independence missouri. it was 6:30 in the morning, the library wasn't due to open up until regular business hours that day. but, a security guard working at the library that friday morning decided he needed to go check something out. because, randomly, a woman pulled up into a parking lot, in the back of the harry s truman