the justice department isn't the only group that lobbied the court about steve bannon today >> mr. speaker, i understand there might be a change in position regarding the house and their stance on the january 6th committee, and it might be regarding steve bannon, and it may have a big impact on his contempt case. tell me what's going on. >> yeah, we're working on filing on amicus brief in his appellate work there in his case >> today speaker of the house mike johnson and several other republican members of the house voted to make the formal position of the u.s. house of representatives, the formal position that the january 6th committee did not have the authority to do the work that it did, and that therefore steve bannon should not have to go t to step back here for some context, remember that the reason steve bannon is headed to prison in the first place is because he refused to comply with the subpoena from the january 6th committee. that's despite clearly knowing a lot about january 6th and the plan to overturn biden's win in congress. just to refresh your memory, here was mr. bannon the day before the attack on the capitol. >> look, it's going to happen. we're going to have at the ellipse president trump speaks at 11:00. we're going to be live at 10:00. we'll have a lot more news and analysis what's going on through thean day. i'll tell you this, it's not going to happen like you think it's going to happen. okay, it's going to be quite extraordinarily different, and all i can say is strap in. the war room a posse, you have made this happen and tomorrow it's gamehi day. >> strap in, tomorrow it's game day. you might thinkom that defying congress would not be something members of congress would support. you might think that helping a potentially key witness h refus to cooperatewi in an investigatn into the gravest attack on congress since the war of 1812, that would be maybe inadvisable for the speaker of the house. butsp the republican speaker of the house isn'tre just doing th, he'sju boasting about it on national g television, and toda we may have gotten a clue as to why. today "the washington post" and george mason university are out with new polling that asks voters in six key swing states who they trusted more when it came to protecting our dem ocyes, joe biden or donald trump? and somehow donald trump came out on top. 44% of voters in those six swing states trust trump over biden to protect democracy in arizona, michigan, nevada, pennsylvania, wisconsin, and georgia, 44% of voters trust donald trump, the man whovo incited the attack on the capitol, the man who calls the january 6thho rioters hostages, and more to the point the man who tried to subvert democracy and steal our last presidential election by force. i mean trump lies about the last election so muchab to this day that last night when he phoned into the conservative channel news max c and started bragging about winning the most votes, the network, news max, scrambled to run a banner that read please note news max accepts the 2020 election results as legal and final. noted news max. now, that is not necessarily because news max cares about the truth but maybe because news max is being sued by multiple voting machine companies for defamation in and aroundan the 2020 electi. but somehow -- somehow more voters in the swing states that willsw likely decide this electn trust donald trump over joeel biden when it comes to defending our democracy. that poll is confounding, but it also highlights a dark reality and one that we have to wrestle with to understand what is really happening in our nation's politics right now. the big lie is working. not everywhere and not all the time, but donald trump is his republicanru boosters in congre and the right-wing media, they have all successfully sold a sizable portion of the american public not just on the lie the 2020ie election was rigged but that people like donald trump and steve bannon are victims, and that they, trump and bannon, are the defenders of freedom fighting against an unseen fascist cabal. as preposterous as it may seem that lie based on grievance rather than actual truth, well, that lie really seems to have found an audience. >> i have the wounds all over my body. if i took this shirt off you'd see a beautiful, beautiful personau but you'd see wounds a over, allou over me. i've taken a lot of wounds, i can tell you, more than i suspect any president ever. >> not only is trump fund-raising offy of this by printing his mug o shot and t-shirts and mugs, he's claiming in hise' fund-raising pitches tt when he had his mug shot taken in fulton county, georgia, he was tortured in the jail. now, if you live on earth one as i do, it is almost impossible to take trump's martyr act serious. he was president of the united states, he tried to steal an election, andst he's getting special treatment in courtrooms across thisea country including and maybe especially in the highest court of the land where, by the way, the court has still not yet ruled on whether donald trump hasd absolute presidenti immunity and can basically do anything he wants. but if you live on earth two, if a majority of the information you are receivingjo is either fm right-wing media or from donald trump and his allies and their social media feeds, well then the lies really seem to be sticking. but we are now less than 24 hours from one of the very few times before november when the people of earth one and the people ofan earth two will see e very same thing at the same time. tomorrowam night at 9:00 p.m. eastern president biden and donald trump will face-off in a televised debate that will be hosted by cnn but will also be simulcast on fox news and abc and c-span and other places. basically if you turn on the television tomorrow at 9:00 p.m. odds are you will see this debate. and according tois a new online survey fromew the associated prs 4 in 10 american adults say they are going to be watching live. that's almost half the country. so with this massive opportunity to pierce the bubble of these lies, what does joe biden do? joining me now is georgia democratic senator rafael warnock. senator warnock serves as pastor as ebenezer church in atlanta. i can think of no better person to help me understand this moment. thank you for joining me. let me first ask as someone who understands the state of georgia well, howe and why is donald trump abled to convince a majority of voters in your state that he is the real defender of democracy, that he is the champion of freedom? >> alex, it's great to be here with you. thank you so very much. hail for the great state of georgia, and where the debate will happen tomorrow. i think it's appropriate rememberpr that was georgia aft all that saved the day. i was on t the ballot here in 21 one of five times. and who would have thought that when the nation was at this critical place, that it would be georgia that would make the difference, sending its first african american senator and its first jewish senator to the united states senate from the state of the old confederacy, a state in the old jim crow south. we literally gave the country a chance, and i think that at the end of the day georgia voters are goinghe to do it again becae they see the difference. look, we'll see these polls go up and down between now and november, and, you know, forgive me for quoting scrippture but you asked to talk to the preacher tonight. i still believe as jesus said you know the truth, the truth shall set you free. we have to lay out the contrast between these two men and tomorrow's a critical moment in that tidiscussion. i think as tough as these times are, thees thing about this election is that it's a binary tool and the choice could not be moreul stark. it's literally between a man who can only think about himself and is obsessed with himself right nowwi with all these criminal charges hanging over him, and a man who's literally dedicated his whole life to public service, a noble calling. and i think our job between now and november is to preach the gospel, which literally means the good news about the work that's being done and yet the great work we have to continue to do. >> you know, you bring upue the gospel and scripture, and i wonder if we can extract any lessons from that. there's no better person to sort of try and understand the magnetism of trump then you reverend warnock, reverend senator. i know you spoke last week about the moral and spiritual battle the country is in, and this is really a t spiritual crisis america is going through that's been exacerbated by trumpism. and i don't thinkat it's lost o anybody theos way in which trum sees himself as a sort of savior-like figure. he was talking in that sound we playedat earlier about if he to his shirt off, you'd see the wounds. which implicitly or explicitly evokes the struggles of jesus and his campaign. i wonder what you make of that but also the deeper yearning that people who follow trump are looking for? >> donald trump is a plague on the american nation. i talked about the fact we were in the midst of this terrible once in a century pandemic and we saw those around him at work trying to divide the country. that's what people do. and georgia sent an african american plan who grew up in public housing and a jewish man in onend fell swoop. i believe martin luther king jr. and rabbi herschel were in that moment giving each other the high five ing glory because th marched alongside one another. i have to admit to you the next day i was feeling great about what georgia had done. everyone wanted to talk to me about how we won this election, but that next morning was january 6th. the victory was short-lived. we saw a violent assault on our capitol unlike anything we've seen since the war of 1812 driven by this big lie you're talking about, that the election was stolen. what we have to remember is behind that big lie is an even bigger lie. what they were really saying is that this new emerging american electorate, multiracial, multigenerational doesn't get to decide theer direction of the country. they're trying to d take us backwards. joe biden is trying to take us forward, and the choice this november isho between the ameri of january 5th that has a place for kids like me and for kids -- appalachian kids, poor kids, and the america of january 6th that sees our neighbors as enemies. and it couldn't be a more stark choice, and i believe at the end of the day the people of georgia and the people of this country, there's just enoughnt decency i this country, and we keep pushing and keep laying out the truth that the truth will prevail. >> you know, you talk about the power of the multiracial, multiethnic coalition that brought you and senator ossoff into office, again.to and i do wonder whether -- what you think w of the strength and health of that coalition in your state coming up this november, because the polling shows president biden is slipping among communities of color. i believe a new atlanta journal constitution poll out today shows among black voters in georgia 69% of them are going for biden, 9% for trump, 6% for robert f. kennedy jr. 12% are undecided. in 2020 exit polls had biden at 88%. so ifthosis numbers are right, that's nearly a 20% drop, and i wonder do you believe it? what do you hold to account for it? >> well, as somebody whose name was onl, the ballot five times georgia in less than three years and who preaches every sunday from martin luther king jr.'s pulpit, i think i know a little something about black voters. and i canin tell you black vote are not going to show up and vote for donald trump, not in any appreciatable numbers.ec we'll see the polls go up and down between now and november. heck, the a truth is most americans aren'tis really payin much attention until after labor day. and so we'll continue to make the case that really we're talking talking about the soul of our country. we are, i believe, in a spiritual battle between those who want us to see each other as enemies, turn on each other, and the forces in our country, build a nation strong enough, broad enough in its moral vision to embrace allmo of us. it is that nation that gave me a chance, 1 of 12 children in my family. how did imy get there, pell grants, low interest student loans. which is why when i got a moment, when i had awh chance t speakwh directly to the preside of theea united states at one o our caucus meetings, i reminded him ofng his promise to do studt debt cancellation. to hisnt credit, he got it. and with one hand behind his back, he's canceled some $160 billion of student loans, helping some 5 million americans. we hope that by the end m of th year there'll be many, many more americans. i can tell you i go in rooms with black people all across this state and i ask them have you or anybody you know gotten student debt cancellation. and i haven't beenen in a room t where hands have not gone up. on top of that $16 billion on investments on historically black colleges and universities. black wealth is upll 60% since before the pandemic. prescription drugs capped at $35 of out-of-pocket costs per month. that's my bill, which the president signed into m law. so theen question is do we wanto keep building on that progress? and t surely people are struggling. i think the whole nation is struggling with what i call a low grade fever after three years of a pandemic, prior to that 20 years of war. i think there'sof some days you wake up in the morning and there's just this numb feeling. and the question is who do you want leading ats a time like that? i think we want somebody who has been baptized in his own pain and suffering and said good-bye toer children more than once, h lived a life of service, not a perfect man but one who has been made better by struggle and who understands the struggles of their people. that's joe biden. >> senator rafael warnock, it's a pleasure r to have you on the program. thank you so much for your o ti. >> thank you. there is much more ahead tonight including donald trump's narrow list of vice presidential contenders, which features a selection of men who all at one timell said they wanted nothingo do with him. so who's it going to be? but first today we got a glimpse of a secret supreme court opinion the justices did not want us to see yet. we're going tos get into why precisely it is so very controversial. that's next. s so very controversial. that's next. ah, these bills are crazy. she has no idea she's sitting on a goldmine. well she doesn't know that if she owns a life insurance policy of $100,000 or more she can sell all or part of it to coventry for cash. even a term policy. even a term policy? even a term policy! find out if you're sitting on a goldmine. call coventry direct today at the number on your screen, or visit coventrydirect.com. with just days to go before the end of the term, the united states supreme court handed down two rulings this morning and then inadvertently they gave us a sneak peek into a third. earlier today reporters at bloomberg law got access to an accidently posted copy of what appears to be the court's decision on a very consequential abortion case. according to bloomberg the court is poised to allow pregnant women in idaho to receive abortions in medical emergencies. now, on its face this sounds like a good decision, but the decision here appears to be based on a technicality, effectively, rather than the actual merits of the case. the justices did not decide whether state level abortion bans can be overwritten by federal law requiring doctors to provide meical interventions including abortions in emergency situations. in other words, whether doctors are allowed to perform emergency abortions if medically necessary. and that is very much a live issue in five other states where abortion is almost completely banned. as justice ketanji brown jackson made very clear in her opinion the ruling not a victory for pregnant patients in ohio, it is a delay. while this court dawdles and the country waits, pregnant people remain in a precarious position as doctors are kept in the dark about what the law requires. the author of the forthcoming book "unbearable being pregnant in america." thank you for joining me. you understand this, the complexities of these issues better than most. but first the voracity of what we saw today, does it smack of the actual decision as you read it? and ketanji brown jackson is not mincing words about how upset she is. >> so many fascinating dynamics break down here. the first is the court did say a text of the decision was uploaded. we know it's a legitimate document. we don't know if it's a final document. it's funny how we're getting to peer back behind the curtain and the court looks like a hot mess so many times that happens. it could just be an error. that seems like the likalist reason and certainly reads. there's a small chance it was yanked because perhaps an outcome of a vote has changed. i doubt it. we'll find out tomorrow morning perhaps the next day when the decision is scheduled. >> what of ketanji brown jackson's saying this it is too little too late for the court to take a mulligan and carry on as if none of this happened, basically rescinding the petition for cert. as the old adage goes the court has made its bed so now it must lie in it. i mean these are forceful words from the newest member of the court, and she seems quite upset about how this is handled. >> this seems very powerful coming from justice jackson because in some ways she's calling out another new member of the court, amy coney barrett, who describes herself as having changed her made having taken the case. big picture what's at stake here is that for the longest time on planet right-wing fantasy there is no emergency abortion that is justified, and if there is we're not going to call it an abortion. that is the planet they've been living on. two years ago that was put into practice. the reality had to intercede that in fact there's plenty of reasons why somebody might have to go to an emergency room and need abortion care. their answer in the beginning was, oh, no, someone's misinterpreting the law. now we've gotten to the stage their lawyers are in court saying not that, maybe that, that doesn't really happen that way or if it does, it's the doctor's fault trying to make us look bad. they've been mostly forced to say they are in fact waiting for someone's organs to fail, waiting for someone to die and that they don't care if they suffer serious impairment, which is the federal standard. right, so that's the backdrop every other week somebody is being medevaced, a pregnant woman is being medevaced in idaho, and women are being told if they consider getting pregnant in idaho they should preemptively buy a membership to a medevac company. >> yes, life flights out of the state in case you get pregnant. >> there aren't that many people in idaho and yet there's somebody ever other week that needs this care that goes to the hospital. the backdrop is the court jumped in on this so fast before the lower courts even had a chance to fully explore the issue because they agree, they took at face value idaho's government the federal government was going to force them to sufferif reparable harm by forcing them to recognize this law. in the end we ended up with a 3-3-3 opinion. okay, we had the three female democratic appointees. we had three quote-unquote moderates -- >> i would put that in heavier quotes. >> you know what, we had three republican politicians, cavanaugh, barrett, and roberts, who i think need to be understood as they would rather wait for the trump justice department to resolve this than blow up this issue -- >> they see what's happened to the country in the process, in the wake of dobbs. >> yeah, they saw 2022, and then you have the true believers, gorsuch, alito, and thomas