franklin, it's great to see you. thanks for your time tonight. >> thank you. that is our show for this evening. now it's time for the last word with lawrence o'donnell. we have what we call a quorum here at the last word. we have three senators joining us tonight. well, okay, wait. adam schiff, who is one election night away from becoming the next senator in california. he's going to win. because republicans cannot win statewide there. he's going to join us. sherry brown, who actually is currently a senator running for re-election is joining us. and the big, big winner in texas last night on his way to the general election in november. senator cruise. cruz only one by three points last time. this could be the time. it's senate night here. >> you might be able to hash out a plan for immigration reform in an hour. >> and later, actually, andrew weissman and melissa murray are going to join me and we did something unusual for tonight's segment, alex. we rehearsed it. >>. >> we rehearsed for an hour in from a live audience at the 92nd street y. will bring all the melissa's best jokes and andrew's best jokes, tight. down too much tighter version during the show. >> i heard about the musical number at that event, so i'm super excited about it tonight, lawrence. >> things, alex. and then there were two. it is now the biden versus trump campaign for the presidency. the challengers dropped out of the republican and democratic primary today, as expected. nikki haley managed to win one state last night, vermont, before dropping out of the campaign today. dean phillips one absolutely nothing, as expected, before dropping out of the democratic national primary today. the campaign was run on the assertion that joe biden is too old to be president. democratic primary voters almost unanimously agreed that joe biden is not old enough to be replaced by dean phillips. o'malley dillon, the chair of the biden/harris campaign after serving as a brilliant campaign manager for mac years ago, the winning campaign measure, released a memo today on the state of the race. if you choose to pay attention to one campaign operative this year, it should be jen o'malley dillon. she was right about everything she said about the biden presidential campaign last year. today she said upwards of 10% of the voters remain undecided, much larger than the current margin between trump and biden in pulling. and these voters are highly supportive of the politics -- policies of the biden-harris administration, like protecting abortion access, lowering the cost of prescription drugs, and defending the affordable care act. these undecided voters are also the least tuned into politics of any group. as the general election ramps up the campaign will aggressively engage these undecided voters, highlighting the states of this election to secure their votes in november. a significant share of moderate and haley voters across the country are saying that trump cannot count on their votes in a general election. so far at least one in three republican primary voters think that donald trump would be unfit for the presidency, if convicted of a crime. obviously, there is nothing more important this year for the democrats and democracy itself then winning the presidency. the next best thing, the next most important thing, is the united states senate. i, for one, don't believe donald trump is going to win the presidential election, but if you're one of the millions who is worried that he will you should find ways to help elect democrats to the united states senate. the united states senate should be campaigned objective number two. because of democrats control the united states senate they can stop every single thing that donald trump tries to do legislatively. they can stop every single thing every presidential appointment donald trump makes that requires senate confirmation. everyone of them. so, no, with democrats in control of the senate donald trump will not have an attorney general in charge of helping donald trump get away with crimes and commit more crimes. with democrats controlling the senate to donald trump will not have a secretary of defense is willing to violate the law controlling the use of american troops within the united states. the democrats in control of the senate donald trump will not be able to confirm a single federal judge who would take away your rights. not one. the senate is more important than the house, because it controls the confirmation process. tonight with every other news broadcast focused entirely on the two names that will be on the top of the presidential ballot in november, this program will focus on the second most important names you will see on your ballot. candidates for the united states senate. we begin tonight with the winner of the biggest senate campaign in the country last night, in the biggest state. in a real democracy. if it's -- california would get at least two senators for california's population is 40 times larger, 40 times larger, then the population of each dakota. because democracy was not the first principle in the design of the united states senate, or the presidency, the people of california are stuck with only two senators and the presidency is winnable by the candidate who gets the least votes, because electoral college formula is based on these same antidemocratic formula that has given us two senators. state. for most california voters that i know it has never been more painful to be stuck with only two senators, as it is tonight. and that is because in california, in the senate campaign, there are three democratic candidates running for senate against each other for the same senate seat and democrats had to choose. the chase was difficult and the choice was confusing. many democrat voters believed that the candidates who lost the senate race, the democrats, would remain in house of representatives. those voters didn't realize that other candidates were on the ballot yesterday for the house seats currently occupied by adam schiff, katie porter and barbara lee. each of those candidates made the all or nothing decision to go for the senate, knowing that they could not legally at the same time run to keep their house of representative seats just in case. each of those democratic candidates would have one this race if the other two were not in the race. the last polls before the election showed adam schiff in first place with republican steve garvey, a former baseball player from the doctors, who has never held office in second place. katie porter in third place and barbara lee in fourth place. almost every democrat that i talked to about this wanted to see the democrats wind first and second place, because the top two candidates then face- off against each other in november and there will be no worries, because a democrat would absolutely win. i knew some voters who have their minds made up easily for adam schiff, katie porter, barbara lee. my daughter loves katie porter, so it was an easy decision for her. of course, most democrats always want to see republican candidates crush at the ballot box in california. they didn't want to see steve garvey in that top two. but that's not what happened. adam schiff, who had speaker nancy pelosi's endorsement, and by far the most campaign money, came in first. steve garvey, the republican, came in second. so it will be adam schiff versus steve garvey in november, which means in reality , tonight the campaign is over. no republican has been elected statewide in california in over 30 years who did not fully support the roe v. wade established rights to reproductive freedom. the last republican governor, arnold schwarzenegger, fully supported roe v. wade. the three democratic candidates introduced themselves to california voters this way. >> when our democracy was invaded we stood up. adam schiff took on a corrupt president who fought to protect our values and the rule of law. now we face an even greater danger. we need adam schiff more than ever. >> i'm adam schiff and i approve this message. >> washington u.s. senate, drowning in wall street money and big pharma lobbyists. katie porter says enough. time to shake the senate up. democrat katie porter has been called the leadership we desperately need, the watchdog, congresses toughest question. katie porter working for you. detailed porter plans to make housing more affordable, battle climate change, cleanup political corruption, and disarm washington special interests. fighting for you. katie porter, senate. >> i'm katie porter and i approve this message. >> a lot of people talk about courage. but for barbara lee, courage is more than a word. it's her life story. growing up in the segregated town and successfully fighting to overturn her schools ban on black cheerleaders, that took courage. leaving an abusive marriage, earning a masters degree as a single mom and winning a seat in congress where few look at her, courage. braving death threats to cast the sole no vote against forever wars. brokerage. speaking out for families and poverty, fighting for affordable healthcare, good schools and legal abortion. courage. barbara lee lives it. >> when we fight we win.>> it's time to re-elect barbara lee to the senate to represent all of us. with courage. >> tough choice. imagine having choices like that on your senate ballot. adam schiff's campaign, which had tripled the amount of money of his nearest competitor, katie porter, produced twice as many television ads, including a group of ads that reminded voters what is at stake in the united states senate by aiming that ad at the republican in the race. >> do you want to know how steve garvey feels about donald trump and maga? just ask. >> he did an exceptional job. we will see for under him. >> no wonder garvey supports trump's border wall. steve harvey stands for trump. when they tell us who they are we need to listen. steve garvey is too conservative for california. >> those ads helped adam schiff , but at the same time apparently helped steve garvey. california republicans he saw those ads decided they wanted to but for steve garvey. those ads might have lifted steve garvey to second place. katie porter thinks that they did and said as much in her concession speech last night. strategically, the democratic party is probably, and i mean this strategically, much better off having one democratic candidates for senate facing one republican in california where the republican is guaranteed to lose, as they always do. if two democrats were running against each other for the same senate seat in california, the biggest state, the most expensive states, it would be the most expensive senate race in history. that title currently blunts to pennsylvania where the senate race of john federman one in 22 cost $373 million. that money was used only on the senate race, none of it was available for any other campaign. pennsylvania has two expensive media market, philadelphia and pittsburgh. neither one of those markets are as expensive as the three big california media markets, los angeles, san francisco and san diego where the campaigns halved by tv ads. a hard-fought senate campaign could cost half $1 billion in california. and with two democrats on the ballot all of that money would be coming from democratic party donors. and none of that money would be usable for the presidential campaign or for other crucial senate campaigns. adam schiff might not want you to know this, he doesn't want you to know this, but according to recent presidents he doesn't need your money anymore. you can send it to other senate campaigns. because the last senate campaign in california cost the winter $4 million. and the winner is someone most people, even in california now, haven't really heard of. senator alex padilla. senator padilla did not have to spend real money in his re-election campaign to win 61% of the vote against a republican, because that's what happens to republicans running statewide in california. no matter how much money you spend. and that is what is going to happen to steve garvey in california. it's over. at a the shift campaign' attacking steve garvey in campaign ads. ask yourself, would it have been better if the democrats attacked each other in campaign ads? they didn't do that. in a fair world are really would have become a senator a long time ago. but that would have required dianne feinstein to decide not to stay in the senate for 30 years. in a fair world katie porter would be moving up to the united states senate this year and adam schiff would be moving up to the united states senate this year. and in a really fair world california would not have only two senators. this year's california senate election is yet another hard reminder, life isn't fair. and politics isn't fair. doesn't feel fair. sometimes. it also reveals a problem that only the democratic party has, the problem of more political and governing, political talent governing ability and people like katie porter and barbara lee then there is currently room for in elected office. you can hope that the biden- harris administration puts katie porter's skills and barbara lee's skills to work in their next term. in office. newly elected senators can often feel intimidated the first time they rise to speak in the senate chamber. almost all of them do. when senator schiff does that next year, rises to >> in the senate chamber, it will not be his first time.>> he has betrayed our national security and he will do so again. he has compromised our elections and he will do so again. you will not change him. you cannot constrain him. he is who he is, truth matters little to him. what's right matters even less. and decency matters not at all. >> heading off with our discussion tonight is senator elect, adam schiff. congressman shift, i know it's premature, but i also know it's california. and i know what's going happen to steve garvey. so, here we are. that moment and those days on the senate floor, as an impeachment prosecutor in donald trump's first senate impeachment trial, how much did that come up when you were talking to voters in california? i remember thinking at the time how powerfully you were delivering that prosecution. how prophetic it turned out to be. and how it must have been registering in the minds of people who were watching. >> lawrence, i found on the campaign trail up and down the state, really two things motivating voters. the first was, yes, a deep concern about the direction of the country. about even the potential, the prospect, the possibility of returning to the madness of donald trump. they wanted somebody in the senate that knew how to fight him, that knew how to defend our democracy if the worst came to the worst. i also found, even more prevalent, a desire among californians that, like senator feinstein, they wanted somebody who knew how to get things done. that knew how to take on, yes, the big fights, but also knew how to work with others, how to deliver more for affordable housing, how to bring down childcare costs, how to make sure the people could afford healthcare and access healthcare. so those very bread and butter issues and a desire for someone who can deliver, has a record of delivering, that was also, and maybe even more, potent a message and more resonant with voters than even the democracy issues. >> steve garvey, your opponent, has admitted to voting for donald trump twice. what else do california voters and what else will california voters learn about steve garvey between now and november? >> a great deal. he has been very unwilling to say too much about his views, because he knows they're completely out of step with california. but we know that he shares the mager views of the border crisis and demonizing immigrants. we know he is not going to defend reproductive freedom or seek to restore it, notwithstanding his, he supported the consummate to show commitment to ban abortion. we know he's not going to stand up to the nra and 54 common sense gun safety legislation. we know he's perfectly happy with the minimum wage being paltry seven dollars. doesn't want to see it raised. we know he's not going to fight for an economy that works for everyone. so the contrast are going to be sharp for california voters. we are going to do everything we can to make sure california voters know this. while i appreciate your optimism , my view has always been run scared or run unopposed. i'm not running unopposed. >> i get it. i understand. in the senate you will, in discussions with chuck schumer and some chairman, end up with committee assignments. which it turns out are much more stable in the senate to kick people off committees in a partisan when the senate the way they have done in house of representatives. would you want to go back to the intelligence committee in the senate where he served as chairman in the house?>> i would love to. what i want to do also, lawrence, because of the phenomena you mentioned, which is as big as populace, as important as california's we only get the same number of senators as every other state i want to talk with senator padilla. i want to compare what committees he sitting on and try to determine how i can add the most value for californians. if i'm lucky enough to emerge in november successful. i want to make sure i'm in a position to deliver for the country. but i certainly love the issues and intelligence committee i'm also a senior member of the house judiciary committee and want to play role, if i have the opportunity, and make sure that we restructure the supreme court, that we have term limits, that we have an enforceable code of ethics. there's a lot i know i want to do. as the biden campaign looks at the country, for democratic presidential campaigns california is a place where you go to raise money. it's not a place where you have to go to campaign. is not a place where they have to spend any of that money on tv advertisements, because joe biden and kamala harris are going to win california easy and all those electoral votes. but what are the lessons of political and sun -- concerning california that you think translates to other states that the biden/harris campaign should be thinking about and that other senate campaigns should be thinking about?>> real quality-of-life issues. you are absolutely right, in a normal world someone was joe biden's record should be coasting to re-election. he has done more than any president in my lifetime to address some fundamental inequities in our economy. nevertheless, there are some problems that have been decades in the making. in which people continue to work harder than ever, but any struggle to get by. and these very down to earth issues, you know, how my going to afford a place to live? why do i have to commute two hours get to work? isn't there a better way to do this? on the campaign trail i talked a lot about my dad who was a traveling salesman in the clothing business and made $18,000 a year. my folks brought -- bought our first home for $18,000. shows you how much life has changed. no president in my lifetime has done more to try to address that . but i think he has to both acknowledge what he has done and he's got a lot to brag about, but also the work ahead and how he is going to fight to make the economy work for everyone. whereas donald trump, as we saw in those four horrible years, is going to fight to make the economy work for donald trump and enrich himself and his family. >> adam schiff, winner of the california senate primary. thank you very much for joining us in the winning circle tonight.>> thank you. coming up, the big democratic winner in texas last night in the senate primary, one by a wide margin. in november he will face republican senator cruise who won his last election by only three points. he is joining us next. i see myself more and i definitely 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joining us now in the winners circle is texas democratic, congressman colin allred . thank you very much for joining us tonight. three points. in your language it's a field goal. former nfl player. you've just got to get a field goal that beto o'rourke couldn't quite pull off six years ago. you've got to some how close those three points that separated beto o'rourke and cruz six years ago.>> thank you for having me on, lawrence. obviously, a lot has changed in those six years. here in texas we are dealing with the reality of what a near total ban on abortion looks like. and it looks like dr. austin, my guess for the state of the union tomorrow, who is a mother of two, a much wanted third pregnancy. we got the news that we all hope we don't get that the pregnancy wasn't viable. she had to flee our state to get healthcare that she needed. it's outrageous what is happening in our state. it's also outrageous we have a senator like ted cruz who is only focused on himself. who when crisis hits our state abandons us. who attacks our democracy. we can do so much better than him in texas. we are going to cover that gap. >> ted cruz has never answered the concerns of a woman, such as you have just described is going to get the state of the union tomorrow night. he has never said here's what i think should happen in cases like that. >> right. no. in fact, he is someone who is never been camera shy and flees every time a camera or someone wants to have kim about the predictable results of the policies that he has championed and pursued. which has led us to this position we are now. in texas where we have these tragedies of women who are victims of rape and incest with nowhere to go. we have stories like katie cox. we are also seeing the downstream effects in some areas of our economy, medical schools, universities. this will have some a wide reaching impact for us. the only way we can solve this is by codifying roe v. wade at the federal level. i need folks help to make sure we can do that. i ask you to go to colin allred .com and get involved with us to make sure we can be ted cruz. >> joe manchin in west virginia, chances are democrats are not going to hold onto west virginia. that would take them down to 50, if they lose any other seat , that they currently hold, and there are some tough ones to win. they could drop out of power. if you can turn texas, if you can turn those three points, all calculations change and gives, it would give the democrats a very, very likely, at least, the 50 that they would need to control the senate . >> yeah. you know me, lawrence. i'm a fourth-generation texas -- texan. you know i'm focused on texas first. when i played in the nfl we have these guys who were always looking out for themselves. and they knew who they were. we called them me guys. we have a me guy in takers representing us in the senate right now. it's incredibly important, national implications, around this race. i think it's our best senate pickup opportunity in the country. i want folks to get over whatever your past is around texas. for 30 million texans we need a senator who cares about us that's not a me guy, that's actually looking out for all of us. who is not pitting us against each other. is not abandoning us when they need them. that's what this race is going to be about, we in texas can do so much better than ted cruz. with folks help i'm confident we will. >> texas democratic senate candidate msnbc, thank you very much for joining us tonight on your first full day of being the nominee. really appreciate it. >> thank you. coming up, for our next guest loses his senate election campaign the democrats will very likely lose control of the senate. it's that simple. and it is that important. the amazing political miracle worker of ohio, ohio senator sherry brown will join us next. this thing? 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if the democrats lose you in the senate they will very, very likely drop below 50. is that something that ohioans are voting for or are they voting for sherrod brown the guy they know and that's all they really need to know? >> ohioans are voting for the person that understands and listens and does 40 roundtables about protecting veterans who are exposed to these football field sized burn pits. vote for the guy, talking third person here, the guy who is protecting the pensions of 100,000 workers. stood up on issue after issue after issue, because you and i have talked, most voters in ohio elsewhere don't see politics as this left and right progressive moved to the senator or conservative move to the center to get to whatever the middle is in politics. a look at who is inside your own. people know when they go to the grocery store a big part of their grocery bill goes to stock buybacks and these excess profits of corporations that have done very well, thank you, during the pandemic. they know that the reason that finally, finally, democrats in the senate stood up and kept, capped the price of insulin, because we have, because i stood up and others stood up against the drug companies. standing up against what norfolk southern did in east palestine. standing up on all of these issues. keeping wall street accountable, as i chair the bank senate and housing committee. our voters are certainly not pundits. they don't think about what this means nationally. they think about i want somebody representing me who fights for workers, fight for the dignity of work. it's always there holding special interest accountable. >> what are voters telling you about how inflation affects them ? we know in the grand, macroeconomic statistics that ablation is going down and the nine states did a better job with inflation than any other country. that's not an answer when people are paying higher prices. >> that absolutely is not an answer. but they intuitively understand , because they have seen corporations get away with paying far too little in taxes compared to what they pay. they see corporations, banks bailed out. but they are not bailed out if something happens to their pension unless people like me in the senate really stand up for them. i said earlier, they go to the grocery store they know they are a stock buybacks. they are paying higher prices, because companies, because greedy corporations have used the pandemic and used just their power in the marketplace to raise prices. they are not going to send, these three guys that are debating they are all three rich guys calling each other names, whatever they are doing. the public doesn't want to hear thatpick what they want to know is i want somebody that's going to fight for me, that's going to be on their side and really is, it means when i talk about the dignity of work. >> sherrod brown, patiently waiting for voters in that state to decide which rich guy he's going to run against. very much. coming up, i rehearsed our next segment with andrew wiseman for an hour before a live audience. we will give you the short version next when andrew wiseman and melissa join us right here in the studio. reduces stroke risk. and has less major bleeding. over 97% of eliquis patients did not experience a stroke. don't stop taking eliquis without talking to your doctor as this may increase your risk of stroke. eliquis can cause serious and in rare cases fatal bleeding. don't take eliquis if you have an artificial heart valve or abnormal bleeding. while taking, you may bruise more easily or take longer for bleeding to stop. get help right away for unexpected bleeding, or unusual bruising. it may increase your bleeding risk if you take certain medicines. tell your doctor about all planned medical or dental procedures. the number one cardiologist-prescribed blood thinner. we're going for it. ask your doctor about eliquis. >> tech: cracked windshield? 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the indictment in here. there are these passages that are half a paragraph that don't mean very much, and suddenly, well, there are three witnesses filling that up and now i get it. >> no, i mean, the whole reason we wrote this book is because, one, these documents are available and we understand americans are interested in them and they don't practicing constitutional law who wonder what this is actually about. we collected all of them secret have them in one place and we do what we do as law professors. it is very heavily annotated. we have long and lengthy introductions and contextualize what is going on and we put these historic events, these historic documents, the unprecedented charging of a former president with criminal liability in the context so people can follow along and participate in what is an extraordinary event. >> andrew, your co-authors, jack smith and fani willis, i am sure. these indictments are beautifully written, which is not something you often say about indictments. they are as easy to read, is sensible to read as indictments can be, as if they were hoping they would be offered this way to the public.>> we'll explain that these are speaking indictments. a lot of times they are much more opaque. even with that, there is a lot of material that if you're not a lawyer, it would be hard to understand. we were trying to make sure that the public will understand what is about to happen in new york on march 25th. it is so important that this not be something that people just get only through filtered through newspapers or this show. you want people to be able to actually understand the charges and understand the decisions made in the language that is used, and as melissa said, we tried to put it in context in terms of other charges globally because we are not the first country doing this. there are many, many countries that have done this and done it better than we have. we are not looking that good right now. one of the main things we wanted to point out in her introduction is how people should see this historic time, in terms of global history. >> global history, meaning the criminal prosecution of former presidents is something the world knows how to do, even if we never have.>> that is exactly right. when all this started. when the first indictment was announced, are we descending into a banana republic and is this a derivation from the rule of law. it is quite consistent with democracy and democratic principles and the rule of law to hold former leaders accountable when there has been profound misconduct. other systems have done this. south korea, italy, france, all over the world. is just unprecedented for us. that american exceptionalism is something that is everywhere around the world. it is quite common to hold former leaders to account. >> there is almost a kind of royalist strain that is still there somewhere that says, we must never treat the head of state this way. >> that is the perfect analogy. we've seen donald trump use this very louis xiv that i cannot be touched and we are about to have a supreme court argument about whether the president is, in fact, accountable to the rule of law. the idea that it is happening in democracy. if you compare it to argentina. they have been through this and countries we think of as not as advanced as we are, other country said, of course not. that it what that is what it means to be in a democracy. the main goal is to try to make sure that the public has the tools to be able to decide this for themselves and this is not something where they get cynicism and that donald trump can say that don't trust what is going on there. we want people to understand for themselves as if they were a juror in the courtroom. >> on april 25th, when we are listening to the supreme court, the indictment in here will be at issue. i will be flipping open the pages while i am on the sofa at home listening to this argument . donald trump's lawyers are likely to misrepresent what is in this indictment in that argument to varying degrees. jack smith will pull them back to what is actually charged. >> we are about to have an supreme court -- it is in two months. the sense of urgency around this question as to whether he is immune from criminal liability does not seem to be quite so urgent for the supreme court. we will hear this argument a month and a half from now and we don't know when the decision will come out. in that moment we will hear about where the court is on this. we think we have already heard from some of the justices in the disqualification opinion that came out this week where we have three justices in a very fiery concurrence that reads as a dissent calling donald trump aurora times and oath breaking insurrectionist and chiding their colleagues for move this to a favorable decision. >> the book is the trump indictments, historic charging documents with commentary. melissa murray and andrew weissmann, thank you very much. we will be right 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