plus, what on earth is happening in the republican primary? >> what they're trying to say with this is, that in your boots, you have heels. >> no. >> that's what they're trying to say. >> they're just standard, off the rack. >> i'll tell you? >> as a bombardment continues and evacuations of foreign nationals begins, what we know about the untold devastation in gaza, when all in starts, right now. good evening from new york. i'm chris hayes. a vote to expel freshman congressman george santos just failed in the house of representatives. it did not come close to meeting the constitutionally required two thirds threshold to expel a member of congress. it should be said, the expulsion bar is very hard to clear, and for good reason. only five congressman have been successfully expelled in our country's history, and it has not happened in more than 20 years. the new york republican george santos has been the subject of almost too much controversy to list in a one hour show, since he was first elected to congress nearly one year ago. in that time, reporting revealed that santos fabricated much of his resume, including business and educational experience, the fact that he was a champion volleyball player, as well as personal -- to a number of national tragedies including 9/11. also the fact that santos was also indicted in may, before then getting hit with additional superseding charges last month, bringing the total up to 23 felony charges he now faces, which include aggravated identity theft, wire fraud, and credit card fraud. we should note, santos denies all those charges. it is a chance to mount a vigorous defense against them in court, as is his constitutional right. his campaign treasurer, we should note, also kind of in the case, is already playing pleaded guilty, which does not bode great for santos. one other that was the question at hand tonight. the question was, whether santos is fit to serve in congress. this was always an uphill climb. in fact, if tonight's vote had been successful, santos would've been the first member of congress to be expelled without a criminal conviction since the civil war. the process is so rare because expulsion requires a two thirds majority of the house, a level of unanimity that this body as an extraordinarily hard time reaching. interestingly, this is the second time this year than attempt is being made to expel santos. democrats first tried to remove him six months ago after he was first indicted. republicans instead refer santos to the house ethics committee in an attempt to sweep problem under the rug. tonight it was republicans leading the charge to remove santos. the efforts was pushed by anthony despacito of new york along with several other new york republicans. michael lawler, nick lalota, mark molinaro, and brandon williams. all five of those men have something in common. they have all been vocal santos critics. they all previously supported kicking the issue to the ethics committee instead of a proper expulsion vote, and they're all running for reelection in districts where that joe biden carried. the ethics committee has not released a report on santos. what changed? all those congressman voted to elect a new maga speaker of the house, mike johnson, and while elevating and arguably christian nationalists to speakership could be be seen is a vulnerability for those gentleman in competitive new york districts. so it's not difficult to imagine that they might want a distraction from the culpability in electing mike johnson tonight, trying and failing to remove george santos was that distraction. >> on this vote, the yays are one 79, the nays are 213, with nine recorded as present. two thirds not voting in the affirmative. the resolution is not adopted, and a motion to reconsider is laid upon the table. >> ali vitale covers congress for msnbc news. a wild day in the house. how did it all go down? >> is there anything else in the house lately, chris? all of them are wild days. i think with santos at least the republicans in new york can go home and say they tried. this was always going to be a long shot for them. we watch the fact that even more than 30 democrats voted not to expel santos. only 20 some odd republicans did vote to expel him. among them, those key five new york republican lawmakers. that's important to their reelection battles. i think you are right to point all of that out. the politics is so inextricably linked with the personnel decisions that were made in this building right now. and i think that for santos, the reason republicans have slow walk this for so long, is because the majority is already razor thin. it would be like going from a three blade razor to a two blade razor, and they need all of the shaves they can get. this is not something they're willing to go along with easily. it's why we have seen, in the last few minutes, speaker johnson walked by me just two minutes before i came on the air with you, and i asked him if santos should be expelled. he sort of shook his head and laughed at me for even asking the question. that's the way the most leadership's have dealt with this from, mccarthy through johnson and now. >> i don't mean to be overly cynical, but it seems transparent me what happened. which is that johnson got unanimity from the caucus. everyone in the republican party voted for him. there are five members in new york who have a real uphill battle. a bunch of them voted for jordan, they just voted for mike johnson. they have to come back for up to their district and say something about why they are not like the rest of those of the republicans you may not like, the district that went biden plus eight. this was engineered essentially to give those gentlemen cover. >> that's one way of looking at. it i think is probably the right way of looking at it, because this is all about getting political cover to make sure that the majority can be maintained in the short term. that they don't want to get rid of him because there's a special election. and you've got to imagine those voters on long island are not going to be easily voting for another republican again. so republicans would rather take the short term pain and have the long term gain of the one seat that is in their four, five seat majority as exists already. but yeah, for a lot of these people, mark molinaro, i'm from that area, the hudson valley area. technically my parents in the lawler district now. the fact that molinaro voted for jim jordan twice and then went along with the rest of his conference and voted for johnson is definitely something the voters at home are gonna have questions about. election denialism central to those questions, but certainly that's what this republican majority has said they are fine with. and i think these things should be taken at face value, that that's a feature not a bug of this conference. >> yeah, and the other thing today, there were these dueling resolutions of censure against marjorie taylor greene. the league one failed, and then they didn't call them marjorie taylor greene one? >> the 21 failed, and they didn't call of the roger e. taylor green one, because they were tied together. >> okay. i don't know what you're if you're following what's happening on the other side of capitol hill. >> i love both sides of congress equally. >> i watched about an hour of this and i had to say i don't usually watch an hour of u.s. senate proceedings. but basically a line of republicans gained up individual layman khamenei to members of the armed services for their posts, talking about how great the biography, was how their hero, and saying without objection, and then tommy to tuberville getting up and objecting. these are his own republican colleagues, whose faces by the end of this were dripping with what you can only call and restrained contempt. >> absolutely. this one the call is coming from inside the house. it has taken months to get here, but it all came to fruition because we saw the head of the marines suffer a health crisis. it was basically known to back him out because the chain of promotions is backed up because of senator tuberville's continued blockade on confirming these promotions. we're here watching on the senate floor now is our two or three of key republican senators, some of them with military backgrounds, including senator sullivan alaska, they are speaking on your screen now, and they're going one by one through all of these different military promotions, or at least 100 some odd of them, and at the end of each one they are saying let's have a vote on this person. tuberville is saying no, but they're coming back and saying isn't this what you wanted? you want to just go one by one through each of these promotions? and still his blockade continues. but now republicans are calling it out quite publicly. >> ali vitale, always there on both sides of the house, an equal opportunity chaser of news in that building. thank you very much. appreciated. >> thank you. >> here's the thing about this expulsion vote for george santos. and george santos made this case himself. we played some of the sound, i think, in the intro. how can you and enter the republican party and say man scares get a bit of narrowly looking federal charges. he can't be in office. you obviously can't do that when the guy that runs the entire party, the most powerful republican in the country, the man who was the president and likely to be nominated again is in a similar situation. >> this is sort of the challenge they have. sort of like the charred problem they had with robert menendez. their hands are tied and being able to speak out on these ethics issues because the guy who runs the party has 91 criminal counts. >> in fact we covered this on the show, menendez indictments came out and a few people, democratic colleagues called for him to resign including cory booker. it was tom cotton, republican -- who rose to his defense and said well you can trust the woke fbi. >> you know, part of it obviously is that exposes the insincerity of that argument. obviously in the menendez case the evelyn the evidence was overwhelming. in the trump case it's overwhelming. you have to brush it away with the same brush. >> i also think it's interesting. i've been trying to think about one of the red lines, which has become this question to the republican party in the era of trump. one thing is being accused of serious wrongdoing is not a red lining can be. be indicted for federal crimes can be a red line. meanwhile you've got mike pence has dropped out of the race. ken brock, who was the sort of outspoken conservative house freedom caucus member who also voted against the coup in says that joe biden won. announcer he hasn't seen reelection. kate granger, another republican who voted against the coup, to certify the election in the dallas suburb says she's not seen reelection. so it's like, the red line, there is a red line in the caucus. the red line is the coup. >> the red line is power. he said it yourself when you talked about santos. the fact that they have this for vote majority in the house. if they defeat 15 vote majority in the house, george santos would -- and so the issue with trump's, he's going to be the nominee. barring a lightning strike, he's going to be the nominee. so they can't speak out against him. they know he's gonna be on the ballot when they all need to be running and they need to be kind to him. >> there's something deeper than that. there's also the dynamics of the house republican base. one of the things you're seeing is, santos is in some ways original figure because he's one of 435 members. but when you watch tuberville, the fact that there is not, you've now got members of his own party going at him over this blockade he has issued, but there doesn't seem like, i don't either grassroots or republican party seems to care one way or the other. >> this is what tuberville is doing. he, like a lot of folks on the house side, like marjorie taylor greene going after -- , they're doing it because they understand the concerns currency of the republican party's attention in fundraising. tuberville's motivations are sort of -- but he is not an institutionalist. you saw lindsey graham get tonight and say, essentially, we can't do this. we're opening a pandora's box. if everyone has a pet issues we're gonna blockade major things, we have to reach consensus. graham gets what the senate is supposed to do and how the congress is supposed to be an institution that works on consensus. that's not his thing. it's not greene's thing on the house. side it's not any people thing because they understand that they can throw punches. i'm fighting this system. and that gives him the courage to -- >> create. the oscar trying to you. i want to go to congresswoman jasmine crockett, serves on the oversight committee. what a weird day in the institution in which you serve. one of the first sort of gaveled in days by the new speaker of the house. what do you make of what happened tonight? >> it was more political theater. i don't think anyone was surprised, not anyone that actually serves in this body. the idea that we had a motion to expel george santos earlier this year was brought by myself another freshman democrats, and they didn't want to deal with it at that point in time. now they know, especially with those new york republicans deciding to vote for this current speaker, maga mike, they know that we are going to tie them to maga mike, and they're trying to give him some cover. so it's nothing more than games. for all the people that were concerned about the fact that the house was closed, and i kept saying, you know what, when we're in session and we're doing is running in place. we're not getting anything done anyway. unless exactly where we are. we're running in place. >> dan goldman, also the same freshman class as you are, if i'm not mistaken, as part of those folks that first introduced this expulsion, he spoke today. in fact, it's sort of interesting. he asked for time from santos, george santos has a lot of time, george santos said hey, this is what dan goldman had to say. take a listen. >> george santos hangs like an albatross around the necks of every single republican from new york. they don't care anymore today about integrity or morality or the reputation of this institution than they did in may when they voted to protect mr. santos. they just care about their reelection in one year. >> so if that's the case, this was a cover vote, which i think is now crystal clear. the bigger question becomes, what your sense he is and you've got serious stuff you've got to do. there is a clock ticking on a continuous illusion to keep the government funded, there's bills for eight israel ukraine, other pending pieces of weren't legislation. what is your confidence level 48 hours into the speakership of mike johnson about that all getting done? >> i think he's in over his head, in short. the president sends over a package in which the senate said that they can absolutely support, and what did he decide to do? he decided to maga the package up. he decided to tear it apart. they are very good at tearing things apart. they are not good at keeping things together. and so the idea that he wanted to bring up this package, a package that i was under the impression we were gonna vote on tomorrow, that has been pushed back. so at least it sounds like he knows how to count maybe a little bit better than some of the others. it sounds like he may not have the votes. this did not make sense. you can't say that we are the party of fiscal responsibility in conservatism and then offer up an aid package that, number one, does not support ukraine, number two, does not support the palestinian people. what type of message are we sending? when we look at the antisemitism, when we look at the islamophobia in this country, it is being perpetuated by the maga's. they are continuing to make sure that there is a way that exists in this country. so there's no way we can come up with the package that supports israel and then completely neglect the palestinians, who are stuck right now where they are. it is absolutely inhumane, and it will never fly, in addition to spending in the faces of those people that work every single day to make sure that they are collecting taxes, especially from tax cheats such as a trump or, to make sure that we get the money we're entitled to in this country, and make sure we can keep going. >> that provision, for folks were not so familiar, the aid to ukraine divided, out there but there's also humanitarian funding for gaza, part of a consensus aid package for the white from the white house, that the republican leadership attempted to strip out. can i ask you, i'm gonna ask you one last question. it's a principled question. as i heard george santos defend himself today, i actually found myself saying, like, expulsion is a high bar and the guy has been indicted but not tried. maybe he's got a point that is not the kind of thing that should happen until, well, resigning is one thing. you take it on yourself. but to be formally expelled. this is what he had favored his presumption of innocence and due process. take a listen. >> i have a light on the presumption of innocence until proven guilty. i'm fighting for that right. and these gates don't believe in that, then democracy is dead. i came into this world alone, i came into this body alone, i'll go out. when >> i came to this world alone, i came into this body alone, i will go out a low. this sort of bleak stuff. what do you think about the argument he's making? >> as somebody who's practiced law, when it comes to a criminal courthouse, there's one standard. when it comes to serving in the peoples house, there's a different standard. obviously today the members of the house decided they weren't going to kick him out. this would not necessarily disrupt's right to have a trial, to be presumed innocent whatsoever. but i think there's a lower bar. it's just like when we look at a civil case, there is a lower bauer bar. it is preponderance of the evidence. i think is a lower bar, because they're only 435 of us the surveillance body. that means that we are in a select group of people, and we have to have the highest standards. i know it makes it not seem like sometimes like boebert or marjorie taylor greene, i get it. but technically, when we look at the history of this organization, it should not be one that is filled with george santos's. i knew this would never pass. we always knew would never pass. but it was important to go ahead and bring out the distinction, because as we listen to them talk about the biden crime family, and there's no evidence of anything let's talk about calling the kettle black. all the candidates, all the frauds confined, they don't want to do anything about that. but find some thing that you have literally nothing, on you have scandals like obama and his tanned suit. we end up with nonsense. , this was a real test for them. we'll see how they had going forward on their immorality. >> we'll see what the ethics committee has to say as well, which may move this forward or put some urgency into. it congresswoman jasmine crockett of the great state of texas. thank you very much. up next, the drilling republic republican field, and questions about the santos in his bid to rise to the top. >> this on tiktok went viral. it doesn't have 1 million views. it doesn't have 10 million jews. this things get 1. 2 million likes. some people are wondering, how did they -- they have not shown this to you? 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