Tonight, what happened when Classic TrumpDelay Tactics meet judge Tanya Chutkans courtroom. Then, as the d. C. Grand jury continues to meet, a coconspirator spills the beans on tape. This is an existential threat. Thats the stakes. And trump seems to understand it. Plus, a new motion in Fulton County, and senator Raphael Warnock on the ground in georgia has ground zero for democracy. What we know about todays massive vote for reproductive rights and beyond in ohio. When all in starts, right now. Good evening from new york. Im chris hayes. We now have the next court date in the case of the United States versus donald j trump. Washington d. C. , judge Tanya Chutkan, set a hearing date for this friday at 10 am eastern. That hearing will discuss the fight over a protective order. Special counsel jack smith wants rules to be established for what defendant trump can and cannot disclose publicly about evidence in the case. Prosecutors say the ex president wants to, quote, try the case in the media rather than the courtroom. The ex president trying to stall his criminal trial has a different take. Crooked joe now wants the thug prosecutor, this deranged guy, to file a court order taking away my First Amendment rights so that i cant speak. We dont want you to speak about the case. I will talk about it. I will. Theyre not taking away my First Amendment. [applause] thats false, to be clear. A protective order is not a gag order. Its routine. It will be the subject of Fridays Court hearing, whatever donald trump is saying in the microphones. Of course this got started on friday. Thats the day after trump appeared in Federal Court in washington, d. C. , and pleaded not guilty to four felony counts. When trump posted a threatening message on social media that, quote, if you go after me im coming after you. Within hours of that obvious explicit threat, jack smith asked d. C. District judge Tanya Chutkan for a protective order. Team trump said she said trump saying they were violating his rights. Late last night judge chutkan said she will set a hearing on the issue. You guys can both argue your sides, and she said you know what, give me some dates this week. Lets do this now. This week for hearing. And so jack smith his team said we are available this afternoon, thursday, friday. And before i tell you, just take a second to guess. Into your guesses in about what the ex president s lawyers wanted. They said, how about next week . Thats right. Trumps team requested a hearing on Monday Or Tuesday to allow both of his attorneys to appear. They did say they could make thursday work if needed, but they would prefer a next week, and interestingly, and without adding a any explanation they wrote that, quote, we lost friday as an option. Well, judge chutkan, Just A Little while ago rejected team trumps proposals to delay the hearing. She doesnt seem to care that trumps team lost friday as an option. Friday has now been found. Both parties will be required to be in court on friday. Trump doesnt have to appear. Of course, look, at some level, its a small scheduling thing. This happens Tens Of Thousands of times a day, probably, around america. But it illustrates so much about this case. Not just about the case, where we are, the broader question, the fundamental question before the country. First of all, everyone, and i mean everyone, knows and understands the situation here. The judge does, the Special Counsel, trumps lawyers, trump, you, me, everyone watching. He wants to delay the trial. He wants to delay the trial long enough so that he can be elected president soaking it into the white house and escape accountability for his flagrant, and, in my mind, in the mind of Special Counsel, criminal attempt to destroy americas Constitutional Republic and turn it into a dictatorship. His attempt to throw out millions of americans votes and subject them to a here too for novel form of american tyranny. He is trying to throw as many delays at the system is possible. Its the thing that he is probably best at. He has done it his entire life. You see, The American Legal System has utterly failed to constrain donald trump through multiple decades of doing this. Rather, it has abetted him and nearly every turn. Because the waste the system in america often works, and has worked in this case, is that you get as much due process as you can afford. A constitution guarantees a minimum, a floor, although often thats often but you can just get as much as you can afford. Donald trump can afford a lot of it. And he likes to buy it. We have seen him do it over and over again. This is it. He is ammo when it comes to legal battles. Delay, delay, delay. Gum up the works. Slow things down. And here he is again. Try to do it in this case. Tell me that by this week we are for your free. Well, were free next week. We saw him do it last summer. After the Search Warrant served in the classified documents case. Hes excessively day the governments access to those Sensitive National security documents, understanding, even back then, theres a limited amount of time. Hes running against the clock. When he took the battle over hundreds of pages of white house records all the wage Supreme Court to try and block the january Six Committee from obtaining them. Theres a clock. Hes running it out. And back decades, literally decades, into his professional previous career as a real estate developer, when he would use the court system routinely to screw people. He would just stiff people but did work. Then they would have to sue him to get their money. But of course, think of the asymmetry here, suing him would itself cost money and time. Back in 2016, usa today found that, quote, at least 60 lawsuits along with hundreds of leans, judgments, and other government findings, document people who have accused trump and his businesses of failing to pay them for their work. My notion of things, thats stealing. But i digress. Among them, a dishwasher in florida, or a Glass Company in new jersey, a carpet company, a plumber, pagers, 48 waiters, dozens of bartenders an elderly waiters in his clubs. And maybe years later, after all the due process of the vaunted american legal system, with Donald Trumps lawyers, maybe a few that stiff bartender or carpet cleaner, maybe you get a check for the money owed, for the fraction of it. Or maybe you give up and he just walks away with your money. The question now is, can he do that to the country, to all of us . Can he do it in the Special Counsels office for the crime of trying to destroy and up in the republic . To their credit, jack smiths office now seem to understand this. They have built their case for speed by only charging the ex president. The january six Election Investigation in fact today the d. C. Grand jury investigating the criminal conspiracy, the one that handed down those indictments on four counts, they met. And yesterday former new York City Police commissioner and Rudy Giulianis chief Election Fraud investigator bernie kerik sat down for a five hour talk with investigators. The investigators asked her about the save america packs amazing Fundraising Hall after the attack on the capital. There is always a possibility of superseding indictments because we saw that in the document cases were separate indictments. There are, as we know, seven unindicted coconspirators. One thing is clear. Every party understands that this is a test of what the Legal Process that trump is used and abused for decades to escape accountability will be used to give him another shot at control over a country whose government he tried to destroy. Christie greenberg is a former federal prosecutor for the Southern District of new york which she served as deputy chief for the criminal division. And sort of the Public Integrity unit in the Department Of Justice. Both join me now. Let me start in his speed Process Question for you, kristie. The judge says give me dates. The lawyer says ah, we cant make this week work, she comes back and says friday it is. What do you make of that . Trumps team never said the friday didnt work for them. Video said friday wasnt an option because the judge had asked them to come up with dates before three days so she seized on that. Hey you didnt say friday didnt work with you so im sending it for friday. She is not messing around. Shes not tolerating delays. She knows she needs to get a protective order in place so the government can produce the discovery this. Where shes cutting off Donald Trumps arguments which are inevitably going to be oh i didnt get the discovery, oh its taking so long, theres so much here to review. Shes making sure that within a week or so of this indictment the government is going to be in a position to provide that discovery so there are no delays based on that argument. Paul, youve written about this as a scholar, youve talked about your own experiences as a prosecutor in the federal system. You did public corruption trials, but also the way the public criminal Justice System works in general. Personally i find it so enraging when i think of the thousands of people who are in pretrial detention across the country. They cant bond out. They have quarter pointed lawyers with insane case loads. Desperately trying to scrape together some kind of defense. And then you look at what this guy has done with the legal system and what he is trying to do now to use every single procedural mechanism to delay and avoid accountability. This is where some of judge chutkans former experience as a Public Defender may play a role. Thats interesting. Everybody in d. C. Public defender says system is acutely aware of those inequities and thats one reason they wanted to work in that office, to make a difference. We know that over the years trump has been involved in nearly 4000 lawsuits. But it wasnt until april when alvin bragg brought those charges in manhattan, thats the first time that trump has been prosecuted in criminal court. And they are the stakes are higher. Its not just money on the line. But his freedom. Even in those civil cases, trump actually lost a lot. The opportunity Generals Office did. But youre, right trump has often used lawyers to try to delay accountability, to have a more difficult time in a criminal case because of the law that both sides have a right to a speedy trial and frankly because judges are on to trumps game of trying to manipulate the system and even conservative judges have pushed back. Theres also the issue of, obviously this is a singular case in american history. There is really, i mean ive never seen anything like it. Berger tried for treason after he tried to announce himself king in the west years ago. Maybe thats the closest analog. A great chapter in american history, look that one up. But basically we never had anything like it. There is really no apples to apples comparison here. Now youve got a defendant. Lets just say hes just any defendant. If you threaten we are threatened you. This afternoon. Kristie, talking about the judge, the obama appointed judge. He then goes into a Conspiracy Theory about a Conflict Of Interest that is taken from a Website Publishing some of the most ludicrous and easily debunked aspects of the big lie about how joe biden lost the election. So thats where hes getting, thats where he sourcing it. So lets try to sink, kristy, if this were any other defendant posted on social media about the judge, what would you expect . First you look at the serious nature of the charges that are involved here. And january six charges talked about exploiting violence, exploiting a Mob Mentality in order to get to overturning the results of the democratic election. So given the nature of the seriousness of those charges and his dangerous rhetoric, i would hope that judge chutkan wastes no time here in creating a record that would support, eventually imposing a gag order. I think first shes going to call him in and talk to him about this and issue a stern warning. But we have seen that doesnt work. In manhattan judge marchand asked nicely. Well asking nicely didnt work. The next day he was attacking the judge in his family. If this were any other defended attacking judges, attacking prosecutors, and not just criticizing them. Again, you have the First Amendment right to criticize your judge or your prosecutors. This is about threatening them. Threatening them with violence and knowing that you have a platform that most defendants dont have and that people will listen to you. They listened to you, your base listened to on january 6th, and they most likely there are supporters who are listening now. So the stakes are so high. So she really needs to take this seriously and start now and creating a record that this type of wrecker rhetoric, these threats are not going to be tolerated and that she will not hazily hesitate to impose a gag order if he continues it. Your point about the continuity between what is alleged in the indictment in this kind of behavior is well taken. The Department Of Justice and the Special Counsels office in their briefing on this say the defendants coldests conspirators practiced pug publicly targeting individuals, and it seems obvious that that is what is being done here as well. Yeah. So this hearing on friday will be out about a protective order that restricts how defendants can use evidence that is made available to them. A gag order is much barr broader. It prevents party from discussing the case at all. Protective orders are common, but judges dont like gag orders because they implicate First Amendment concerns. And chris, i think the fact that a criminal defendant is a leading president ial candidate is going to prove sent some fresh issues for courts. Totally. For instance, Magistrate Judge ordered trump not to talk about case with witnesses. Imagine Republican Debate with both trump and the former vice president. This could be a witness for the prosecution in this role. Trump could trump in his debate not engage on january 6th . I think the answer is no, but all the judges than previous criminal prosecution of trump will have to address these issues. A good point, and there are real constitutional issues around the First Amendment here, independent of some of the bad faith arguments being made. Kristy greenberg and paul butler, thank you very much. Coming up, don trump has already been indicted three times in four months, where there could be another any day. Senator Raphael Warnock joins me on the president s attack on his states elections. Trumps own legal advance advisers talks about how to overthrow democracy, and he does it on tape, next. There are six alleged coconspirators mentioned in Special Counsel jack smiths latest indictment of donald trump for attempting to steal the 2020 election. We know that one of them is likely john eastman, the lawyer who advised trump that mike pence could unilaterally choose the next president on january 6th. Last year federal agents seized eastmans phone and a judge ruled that he had, quote, more likely than not broken the law. Just last week eastmans lawyers admitted in a court filing that their client had renewed an intensified concern that the government might bring charges against him. If you thought eastman might lay low, but youd be mistaken. He just gave an interview to his friend, rightwing donor michael. Get a good sense of the legal advice don trump was getting inside the white house. We are talking about whether we are going to, as a nation, completely repudiate every one of our founding principles, which is what the modern left wing, which is in control of the democrat party, believes, that we are the Root Of All Evil in the world and we have to be eradicated. This is an existential threat to the very survive ability, not just of our nation, but of the example that our nation properly understood, provides to the world. Thats the stakes. And trump seems to understand that in a way a lot of republican Establishment Types and washington dont. And that means a stolen election that force the will of the people trying to correct course and get back on a path that understands the significance and the nobility of america and the american experiment is really at stake and we want to fight for. It was a provision in the declaration of independence that says a people will suffer abuses while they remain sufferable or tolerable, where they remain tolerable. But at some point abuses become so intolerable that its not only their right but their duty to alter or abolish the existing government. So thats the question. Have the abuses or threat of abuses become so intolerable that we have to be willing to push back. Okay. At least publicly you could say john eastman is sticking to his guns. He even seems happy to explain why he, and again, the historical antecedent he is giving here, trying to lead a revolution against United States government in order to abolish it. The National Correspondent for the Washington Post explains that john eastman shows his path for misinformation revolution. He joins me now. Lets start on the revolution. Again, remember on that day, it was extremely commonplace to invoke 1776. Everyone, well, not everyone, many of the participants in a mob that stormed the capitol, elected leaders, lauren boebert, and here is john eastman saying explicitly, my view and our view is that the government is intolerable and is justified in us abolishing it. Yeah. We cant really see much beyond that. But i think its important for people understand the context in which he was making those comments. He spent about an hour to half talking with this. Guy in the course of that hour to have you tried to make the case as to why it was rational. Not just that it was an option but that it was warranted in this moment. The justifications offered were thoroughly both dishonest and delusional. Just like grade school level claims of voter fraud that were doubling to November Of 2020 is what he is pitching. At one point you can tell he gets furious at the left and starts railing against trans people. Its cultural war. Fox news stuff that he is using as the predicate in addition to these false claims of voter fraud. In addition to the lies of the interview about what he wanted mike pence to do. He so rooted in this world, and thats the predicate for why he thinks he should be an insurrection. Your piece on this was important. When hes a stolen election he means that joe biden, the courts, and whoever he had stolen from. But i also want to leave open the poppy possibility that this is a kind of performance. The reason i want to leave that open is because there are very few factual disputes at this point. Wouldnt you agree . About what john eastman did, about what donald trump did . A lot of it is pretty established. What is in dispute is on which side of the law, of criminal law it is. It does strike me that it does help him and donald trump, this, like we earnestly believe a delusional tale about voter fraud. Its possible. Having watched, it didnt strike me that at the moment it was performative. I feel you can do that in a five minute interview, not a 90 minute interview. There was one point where he claims the Washington Post literal view of 2000 before that come out. It can i wrote that. I know that he is wrong. But he doesnt have to say that. If you try to make the point that you are raising, which is certainly fair, there are ways to do that without embarrassing himself. Eastman is an interesting character because he really is, hes a product of the legal elite. He was the dean of the law school, which is remarkable. He clerked for Justice Thomas on the Supreme Court. Hes one of his first clerks. He is a relationship with ginni thomas i think hes been a participant in Justice Thomass ex clerk listserv. This is someone who the federal society guy, he didnt get beamed down from mars. This is a guy who was part of the conservative legal establishment. Yeah, and i think it speaks to, the comedy speaks to about how donald trump understands his worldview and the establishment doesnt. He is right. Don trump has a view of how politics works that the conservative establishment long is not. Eastman obviously finds that appealing. What the interview impressed upon me was the extent of his delusion. I honestly assume that, yes, you believe the right should have power, he believed on trump should be president because he prefers under joe biden. But he drank the koolaid. He really believes these things. He really believes what he said about how the left wants to destroy america. Thats what Everything Else follows. From i totally agree with you about that take away, and i think theres something that happens to me where sometimes i see a particular prominent figure, sam alito sometimes giving speeches and, like, i kind of know what media theyre consuming. [laughter] and look, heres the thing. Those of us in the media who feel that its important as a true things to people, wonder how we reach people outside of that sphere or bubble. If its getting to john eastman, thats a bit of a challenge. Thank you very. Much still to come, i still want to find 11,780 votes. New subpoenas a new signals. Another indictment coming for donald trump, next. This was the scene outside the atlanta courthouse this week. The Fulton CountyDistrict Attorneys Office when investigating Donald Trumps attempts to overturn the election in the state of georgia. Barriers, traffic redirected, bombsniffing dogssecurity has been heightened for the better part of the week because we are expecting a grand jury in that Fulton County investigation to potentially hand down Donald Trumps fourth indictment, any day now. Back in may, District Attorney fani willis released a letter to the chief judge of the courthouse, requesting their employees work remotely for the first half of the month of august. She also specifically requested no inperson trials or hearings for the second and third weeks of august, an entreaty that many speculated meant she was planning to issue indictments during that timeframe. It is now, as you may note, the second week of august. D. A. Willis is not hiding the fact that something is coming soon. Some people may not be happy with the decisions that i am making and sometime when people are acting in a way that could create. Im committed to giving the American People an answer by september 1st. After two and a half years were ready to go. Investigation, which is been unfolding for more than two years now, she said, has slowly widen its scope from trumps efforts to get brad raffensperger, Secretary Of State, to find the votes, to the socalled fake electors scheme, the attempt by Rudy Giuliani to mislead georgia lawmakers with false claims of voter fraud. That nbc news has confirmed that two former democratic lawmakers were present for those hearings with giuliani and subpoenaed to testify before that Fulton County grand jury. Additionally, giuliani has already received a Target Letter from the d. A. s office, and he is not the only trump ally they should be worried. Last year the d. A. s office and Panel Special grand jury to write a report on potential election crimes by team trump. That report recommended charges against more than a dozen individuals, according to one member who later spoke to nbc news. That factors particularly interesting in light of Special Counsel jack smiths federal january six indictment, sealed last week, notablys smith listed six Co Conspirators we chose not to charge, likely to see the process of trying trump. We believe those individuals to include giuliani, the man i was just talking, about john eastman, its hitting paul, among others. But heres the thing. Valueless is not facing the same constraints as jack smith, it seems plausible she could indict the inner circle, those who conspired with the ex president overturn a free and flair fair election. Well discuss a little big indictments and much more with georgia senator reverend Raphael Warnock when he joins me live, in just a moment. Im Jonathan Lawson here to tell you about Life Insurance through the Colonial Penn program. If youre age 50 to 85, and looking to buy Life Insurance on a fixed budget, remember the three ps. What are the three ps . The three ps of Life Insurance on a fixed budget are price, price, and price. A price you can afford, a price that cant increase, and a price that fits your budget. Im 54, whats my price . You can get coverage for 9. 95 a month. Im 65 and take medications. Whats my price . Also 9. 95 a month. I just turned 80, whats my price . 9. 95 a month for you too. If youre age 50 to 85, call now about the 1 most popular whole Life Insurance plan available through the Colonial Penn program. It has an affordable rate starting at 9. 95 a month. No medical exam, no health questions. Your acceptance is guaranteed. And this plan has a guaranteed Lifetime Rate Lock so your rate can never go up for any reason. So call now for free information and youll also get this free beneficiary planner. And its yours free just for calling. So call now for free information. Meet the portable blender we can barely keep in stock. Blendjet 2 gives you icecrushing, big blender power onthego. So you can blend up a mouthwatering smoothie, protein shake, or latte wherever you are recharge quickly with any usb port. Best of all, it even cleans itself just blend water with a drop of soap. What are you waiting for . Order yours now from blendjet. Com before they sell out again in many ways georgia as ground zero in the battle for american democracy. True 50 50 state bidens narrow win in 2020 was the first time a democrat carry that states and clinton. The Biden Victory inspired than President Trump to try and corruptly overturn the election in georgia, a scheme he was just invited for federally along the other states that try to do it. And for what she faces another potential indictment this month in georgia itself. And while trumps efforts fail, the State Republicans were able to force through some of the most restrictive Voter Suppression rules in the country in the aftermath. Additionally, georgia has held three of the most hotly contested senate races in the country in just two years with democrats prevailing and all three races. Thanks in large part of this man, georgia senator, Raphael Warnock who won two of those races actually really, four of them when you count the runoffs in just two years. And senator reverend warnock joins me now, and he is the author of the book away out of nowhere, a member of truth, transformation and the new american story. Senator, first lets just start in Fulton County. I believe it is where you call home and is the place where there may be some activity legally. Fani willis has talked about the kind of threat that she has gotten today, ex president called her a racist. Are you concerned at all about the atmosphere being directed at the machinery of justice in your home state . Well great to be with you chris, we are watching the wills of jurisprudence turn here in the state of georgia and in our country. I think its important for everybody to honor that process. The ex president sadly is doing what we have seen him do time and time again. I have confidence in our local officials here and i will be doing everything that i can at the federal level to ensure that they have the resources necessary to keep everybody safe. While we honor that basic american principle, Equal Protection under the law, no one is above the law. No one is below the law and that applies to the ex president. There has been a lot of scrutiny in georgia both its politics because it has become such a hotly contested swing state. It has that some of the highest Profile Races in the entire country including the four races that you ran in the course of two years. Actually it was five chris but who is counting . Oh that is right. So how would you rate the states Democratic Health having emerged victorious in the state being that the first black senator from that state . How would you rate as Democratic Health . Well i am one of the people of georgia have sent me to the United States senate to represent them but make no mistake, we are in a real fight for our democracy, here in this country and georgia is ground zero. The fact that the people of georgia overcame those barriers in order to send me and my partner john ossoff to the senate, that means those various sonic exist but it means that people refuse to have their voices muted in the system. So what we have saw in the days after my election is the violent assault on the Capital Metastasize and then Voter Suppression laws all across the country throughout the biden politics. Some 400 Voter Suppression laws introduced in the year 2021, right after my election. And then this year, some 300 Voter Suppression laws and georgias sb 202 is exhibit a if you will of the problem. This effort to somehow wage war against this multi racial, new american electorate that is our merging and our country and in our state and defending everything from Voting Rights to reproductive rights to ensuring that jobs and opportunities are available to every kendrick of this other zip code. In terms of espy 202 i think that people, the defenders of the law and some i think not specifically people who are that he did not say look, this was law passed certain restrictions. It got a lot of attention after january six because it was passed in 2021. It was that described by critics as Voter Suppression but look, you got elected. What elections are running well. Were you crying wolf about this law . Lesson, i won this last time that people need to understand what i had to go through to win. Just as we entered into the runoff, the second time, there was some folks who clearly took a look at how we won in the last runoff, they cut the runoff and half from eight weeks to four weeks. As we enter the runoff, that Secretary Of State in other georgia officials announced that we would not be other to vote on the First Saturday of the runoff. They were misinterpreting some georgia law and saying we are sorry and our hands are tied. You cannot vote that First Saturday. Idur hands are tied, i decided to untie the hands and i sued them. And we won the case and then the folks who said their hands were tied then showed their hands and appealed the judges ruling and said yes, you can vote on saturday. Then we had to appeal again, all of that just so people can vote for saturday of the runoff, about 100,000 people voted that saturday which is about the margin of my win. This is a Voter Suppression happens. This is how it works. You dont need a tsunami, you just need to shave a few votes here, chef some there and make it difficult for people to use dropboxs. Ensure that African Americans stand in lines many times longer than their counterparts which all of the data shows is true. Deal with issues around sunday voting, weekend voting and you get people turning democracy upside down rather than the people sending or choosing their representatives or representative start using that people. This is why Congress Must pass, the freedom to vote act which we introduced a couple of weeks ago which provides a basic standard for voting to ensure that people have access to the franchise. Nothing can be more important. Yes the freedom to vote act which creates a kind of nationwide floor for voter access in some ways kind of pattern but its been eviscerated in the wake of Shelby County decision by the Supreme Court, which i shot a lot of holes in the Voting Rights act. Used to have the regime of free clearance. Senator Raphael Warnock, thank you for joining us and i should say that you can listen to a much longer conversation between the senator myself on the latest upset of my podcast, why is this happening . We get there a lot of different issues including his background, his experience in the senate and it is available now, wherever you get your podcasts reconstructing the q r code on your screen. Still ahead, republicans tried to sneak a vote to make it harder to preserve Abortion Rights in the state. There are a big result in already and those republicans are likely not pleased. Everything we have learned from todays vote ahead. Are you good . No, i think im late on my car insurance. Good thing the general gives you a break when you need it. Yeah, with flexible Payment Options to keep you covered. Just tag us in. Ouaaaahhhh [bell dings] for a great low rate, go with the general. He snores like an angry rhino. Youve never heard an angry rhino. Ouaaaahhhh [bell dings] baby i hear one every night. Every night. Okay. Ill work on that. Save 50 on the sleep Number Limited Edition smart bed. Plus, 36 month financing on select smart beds. Today and the dog days of shop now only at sleep number. August it was election day in ohio. That is thanks to State Republicans who earlier this year hastily change their own laws to show the special election onto the calendar during the time of year, republicans themselves know typically see low turnout. It was a desperate, transparent attempt to stop ohio voters from being able to Enshrine Abortion Rights into the State Constitution this fall. You see the Ballot Measure Being voted on today known as issue one would raise the threshold to amend the steak of tradition from a simple majority vote which it has been for a century to 60 . It would come just in time to make it that much more difficult for what they know will be a big showdown in the fall. That is one ohio voters will have a chance to pass the constitutional amendment that would secure Abortion Rights in the state. Basically, Ohio Republicans wanted to raise the threshold to 60 for that vote because they think that they will lose another one. Progressives and Abortion Rights activists along with all sorts of Good Government groups including quite a few former republican officials current republican officials have all rallied against this issue. Right now, according to the Secretary Of State tally, the no vote is enjoying overwhelming lead excuse me with about two thirds of the vote of this hour. We are waiting for the Associated Press to make a projection. The Columbus Dispatch newspaper has already tonight made their call. Issue one has failed. Jen mail is Executive Director of the ohio illegal voters for the coalition leading the charge against issue one. David pepper, the former chair of the Ohio Democratic party, author of saving democracy, paid users manual for every american and both join me now. Jen, first tell me about the messaging, the organizing, the motivation around this because on some level, it is somewhat abstract procedural issue but one thing that is clear in the pennant of the outcome was there was enormous turnout. This was very, very much an issue for mine and for voters despite the fact that end up in the first week of august. Yes we had a neighbor to Neighbor Campaign wherever day ohioans got out and they knocked on doors and they sent postcards and they made phone calls and sent tax. Our strategy was simple, just to Tell Ohio Voters the truth. That our very freedoms were you know, at stake here. That ballot issues are how we hold our Government Accountable when they are acting corrupt or they are not acting in our best interest. What we have was really a Pan Partisan Movement of republicans, democrats, independents, the libertarians. Civic organizations, first responders, nurses. So many different groups of people coming together to defend our freedoms here in ohio so it is a really exciting evening. Yes by the way, those images here are raleigh for the no side that was opposing this and they are sort of holding the Victory Party again. We dont have a call from the adp, columbus this batch of staff called in. David, you and ive talked about this and the sort of transparent bad faith play in the gerrymandering Republic Legislature shutting this onto the ballot box hoping to forestall and change a threshold for that fall vote on Abortion Rights. What is your take away from what we are seeing unfold here . Well obviously it didnt work in the people saw through it. Ohioans have done this a few times before, there was an attack 11 years ago or so on labor rights, same thing. I think that those sides were very organized, it crossed every partisan divide and the yes side of things, in the end they relate to the broader point they cannot really hide the fact that in the end it was all about abortion and november. In the end, ohio is at 60 40 state, and then people saw this as a sneak attack and so those who care about Abortion Access showed up. That people far beyond that showed up and voted no because it just seemed to be this shameless attack on democracy, people saw through it and showed up and obviously voted down early and my guess is we will see their early vote, i am sorry the day about as pretty good friends as well. You had it all out and i think you have a nice win tonight for democracy and for Abortion Access. By the, way for the future of mogul forms like any gerrymandering that wouldve been cut out of the knees at this thing and passed. John ive seen some people say independent of how this went down, maybe it should be the case that there is a higher threshold for the constitutional amendment for the state. I am sure that in your communications with voters, maybe somebody will raise that. What has been your argument about that . Well, some of the best qualities that have been passed in ohio have been done through constitutional amendments. A lot of them did not pass by 60 , even things like integrating the national guard, did not pass by 60 . So we have been able to point out this beautiful track record that we have here in ohio. We made our economy stronger. We have extended rights, where we have awarded pensions to vets and raise the minimum wage. All of these things are how we were able to talk to every people and get them to turn out and vote now. Well, we have some breaking news, the Associated Press has now called the race and we can call that issue one in ohio that wouldve raised the threshold for a constitutional amendment 60 has gone down to a defeat according to the Associated Press. That is the News Organization we are using to make the call. A pretty stunning rebuke here, not unexpected given what we have seen the last hour but now we have an david. This was a real, there was some real hubris on part of republican lawmakers, the Secretary Of State of your state. The Gerrymandering Legislature to try and do this. Do you think there is lessons here . To think that look at the message here and what does it set up for the fall . I think with this crew and my where whenever they lose and they doubled down their lawlessness. Its already very Gerrymandering Legislature. I dont expect him to learn any lessons but let me just say the good news here is that this is part of a longer, winning streak for democracy that started last august in kansas including some Big State House here in november and wisconsin Supreme Court race, there is a pro democracy on the building in this country and it is starting to figure out that the frontline of democracy are the state and the state houses. When its the stomach really under attack in these places, this included election denying running secretary state candidates. It is rallying around these races and so my sort of call out to those who are doing this, keep seeing the attack for democracy as a deeper level and a state level. If you really like we have done and all of the stage for the last year, we can put together one heck of a winning streak long term. We have to focus beyond just a few federal swing states and into all of the states where The Other Side is dominated for to law, taking advantage of the fact that we have not seen a battle there. When we rally and we Pay Attention which we did here, we can win in kansas, ohio, wisconsin, you name it because in the end most people in america want a functioning democracy. They dont want the republicans of ohio are arrogantly trying to create here. Yes we should say we dont have the final results but no checking to come in, double digits above you know the numbers of state Democratic State candidate in the 2020 election. It will be a large margin much higher and the other lesson that strikes me here just that we have seen this time and time again, no media focus and a waiver from time to time on Abortion Rights but voters have shown themselves that they will crawl over broken glass. Coast to coast, state to state to repudiate the Dobbs Decision and the banning of abortion, the taking away of that right. It keeps happening and i think itll keep popping a lot more. Tonight another turning point, did, miller pepper thank you very much. That is all in on this tuesday night, alex wagner tonight starts right now, good evening alex. Very much. That is all in on this tuesday night. Alex wagner tonight starts right now. Good evening, alex. Chris, to that point i think the Polling Numbers are almost exactly the same. Its like 57 of ohioans are against ballot issue one and 58 of them support the choice of the constitutional amendment. It tracks almost identically, which means this is very good news for the Ballot Referendum in november about insidelining reproductive choice as a constitutional right in the state of ohio. Enormous gap