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the state of our politics at this moment. even though some republican leaders have condemned the attack, news has been flooded with a what about and conspiracy theories and disinformation from a whole host of right-winged media figures. all of this happening while he's still in intensive care. and while an active investigation is underway, a little more than an hour ago, federal prosecutors filed two charges, attempting to challenge a federal official. federal officials allege the attacker broke into the home intending to kidnap and hurt speaker pelosi and he came armed with a hammer and brought a rope, white tape, and zip ties. he told paul pelosi, he wanted to speaker to, quote, tell the truth. political reports that the attacker had, quote, inhabited a vifd and resentment-fueled world of conspiracy while living a fringed existence, even by the standards of the san francisco bay area, that he appears to embrace falsehoods about the without outcome of the 2020 election. the conspiracy theorist and election denier broke into nancy pelosi's home, are screaming, where's nancy. where is nancy. if the attack itself has any parallels to january 6th, so does the response to it. here's the head of the house gop campaign arm tom on sunday confronted with the rhetoric he posted online. >> i want to ask you about this when it comes to political violence. on your twitter feed, you post thd video we're going to show just a few days ago where you're firing a gun, and it says, enjoyed exercises my second amendment rights, hashtag, fire pelosi. why is there a gun in a political ad at all? >> it wasn't an ad. >> or a tweet? wouldn't a pink slip be more fitting if it's about firing her? why a gun? >> it's interesting we're talking about this this morning when a couple of years back when a bernie sanders -- >> which is horrific. you're shooting a gun. our viewers just saw it. >> right. >> hashtag, fire pelosi. >> exercising our second amendment rights. >> that's not about the second amendment. do you not understand that that is suggestive to people who are in a bad state and in this current environment how risky it is? as you're talking about the importance of lowering the rhetoric -- >> i disagree. >> that's how you hold them accountable. just this morning, senator ted cruz retweeted conspiracy theories about the attack. we're not going to share them, and it's worth noting, he's not alone. cruz was part of a wave of folks that responded to the news of the attack with disinformation and conspiracy theories that includes one of the world's richest men and now the owner of twitter, elon musk. from the washington post, quote, elon musk and a wide range of right-winged personalities imply if ied misinformation about last week's violent assault on paul pelosi to their millions of followers. a form devoted to the right-wing radio show alerted its 78,000 subscribers to very strange new details on paul pelosi attack. roger stone took to the fast-growing messaging app, telegram the call the assault on her husband, quote, an alleged attack, telling his followers that a stench surrounded main stream reporting. we'll dig into the federal complaint with nbc's tom winter in just a moment. but joining us now, msnbc contributors, jc wall, michael steel joins us, a former chairman, now msnbc political analyst. thank you all for joining me today. i'm going to start with you, tracey. just from a security standpoint, how often does the speaker or high-ranking public officials, the speaker, the president, the vice-president, the leader of the senate, how often do their families get threadened by people? how often are the families at risk? >> so that's an excellent question. i don't want to say it's rare. obviously it is something that occurs. but really the follow through is something we really never see. you see offhanded comments of coming after you or your family, but this was a very well-planned attack. he had zip ties, a sword, knives, and it was really planned. i don't think he cared if it was coming after her immediate family members or not. my concern now is her extended family members. clearly nancy pelosi was the target, but my concern is they will settle for anyone they can get their hands on that is close to these members. really this is extremely rare and not something we see a whole lot. >> so several years ago, there was a democratic congressman in virginia, somebody attempted to cut gas lines at his house. we've had members of congress get shot, we have one republican get shot, we have bomb threats happening on a regular basis. i have to ask you, when we're see thg uptick of violence, it seems to primarily come from the right against members of the democratic party or the are perceived left. how serious a threat is this being taken by the fbi and the cia now? are they really investigating or are some of these loan wolf maniacs that you can't anticipate? >> so to your point, it is somewhat like plague whack a mole, but the interesting thing here is freedom of speech, yes it's protected, but it's only protected up to a certain extent. these are threats. we have people using guns with hashtags fire pelosi. those all should be investigated because really it's -- it really helps people to do attacks like this. i think this is extremely problematic, and i would imagine the fbi really has their hands full right now, but i see this as domestic terrorism, and i would hope they have the resources and the ability to be investigating these attacks. but i'm even more concerned as we get closer and closer to the election, i think there's rhetoric around there that if you lose, it's a conspiracy theory, and i'm very concerned about that. >> michael steel, you used to be the chairman of what i used to refer to as the republican party. i now call it the republican organization. i don't have high expectations for people who call themselves republicans today when it comes to these kinds of attacks. but i want to play you some sound. and i just want your reaction on the other side. when you have the speaker of the house's husband get attacked, this is how he responds to that. >> where do you think this rise in political violence is coming from? >> you can go back to the beginning. this started back in the summer of 2020 when you saw cities burning, not a lot of accountability there. it's on both sides of the aisle, but people have to take the heat down here. this is america. this is one of the most amazing places on planet earth. we should all be grateful. when you cross that line into violence, it does your cause no good. it does the system no good, and it brings everything to a more fragile state. >> i always want to go back to the 2010 statement when people got angry and protested, which is fundamentally different from someone breaking into a home with a hammer. but when you hear these kinds of statements from members of the republican or you disappointed? are you shocked? why do you think no one can say the obvious, which is, hey, it's really bad someone try today harm the family of a political coworker. >> so that part would be the reaction of bush era, reagan era, eisenhower republicans. in the trump era of republicans, that's a sin. you don't do that. you will be ostracized. you will be called a rhino, and your fund raising will dry up. that's the reality. the governor -- i've known the sununu family and worked with them a long time. they walk this line, this tight rope, and i wish they would fall off the rope like the rest of us and say, i'm free of this maga crazy, and the republicanism i believed in that helped me get elected is the kind i want to project to the rest of the country. but they can't, and they won't. everything is, yes, this is awful, but -- no, violence is not acceptable, but -- and it is that with having a little bit of the, you know, prayers -- you know, thoughts and prayers argument. at the same time, looking over at that maga basis looking at you suspiciously going, what are you going to say next, and go, democrats do it too. progressives do the same thing. but that's not leadership. and that's certainly not the kind of leadership the country needs from the republican party right now. the only way this begins to end itself is if they are willing to end it. and they're not. they're on the verge of the country giving them power. and i've asked, what do you think they're going to do with it when they get it if they can't even acknowledge the horror of an 82-year-old man being attacked in his own home by one of their own. what do you think they're going to do? >> they're only going to get worse. quickly, i want to bring in tom winter. thank you so much for joining us. i just want the find out, you have some of the details of this investigation, of the charges, what do we know right now about what this individual did, what their motivations might be and what the charges against them are going to be? >> sure. well, i mean, this is focused and the most serious of the charge -- well, first off, he faces up to 30 years in prison as a maximum sentence if convicted. that's the first thing. the second thing is when you look at this investigation, it's clearly been ongoing and pretty involved since this incident first occurred in the early morning hours of san francisco on friday. so this eight-page complaint is really -- and in these types of instances, we look at it as a holding complaint if you will or to get the charges out there. undoubtedly, when they move towards indictment, we'll get a lot more detail. the details we have today and the allegations are obviously quite serious. i mean, the main allegation here is this individual's intent, according to fbi and federal prosecutors was to kidnap the speaker of the house of representatives of the united states of america and injure her. according to the complaint, his plan was to ask her a series of questions. we don't know what those are. then, if she lied to him, he was going to break her kneecaps because she is, according to him, the leader of the pack of lies that is the democratic party, and he was hopeful that she would have to be wheeled into the house of representatives so that other members of congress could see what happened. that's according to him in his statement to police. those statements were recorded, they were after miranda warnings were issued. so there's a lot of detail in here about what he planned to do. other things that were found, including inside a backpack this person allegedly had, zip ties, tape, a journal, we have few details as far as what was in that journal. but clearly, this individual did this with political ideology in mind. this idea that was floated that had no basis of any reporting that we did that this was some sort of a random home break-in. clearly, according to evidence, has gone completely out the window. i think it's also important to note that on saturday in the san francisco area, apparently this individual lives in a garage, according to criminal complaint, inside that garage, they found two additional hammers. so two at the crime scene, two in the garage, and a sword that was found along with personal effects, which gives the fbi some context that this is exactly where he lived. next steps, he'll appear at some point in federal court. likely because of the gravity of the charges, they'll ask for him to be detained pending trial. so that's the federal component of this. we still have the state component to this. and there's some illusions to this in the criminal complaint. he talks about other individuals at some point. so i think his plan was, according to the criminal complaint, to have individuals be summoned by pelosi because she was detained. we don't know who those people are. we don't know if they're politicians. he's had antitech, antivaccine, other sorts of ideology on social media. the detail is scarce. but that's to be expected when a criminal complaint is filed three days after the incident occurs. we'll get more details within the next 30 days. that's the process 99% of the time. expect to get more between now and then. this is an investigation that remains ongoing. they'll speak to other people. and we'll probably go back in time and review these tapes. had he stopped by this house before or conducted any sort of recon to look at where they are? perhaps not the most sophisticated individual who was going after the pelosis. i think most people assume the speaker would not be sitting at home this close to the midterm. she has a lot of congressional duties. those are the type of details the fbi will take time between now and then to review, to investigate, and put that all together along with federal prosecutors when they go to a grand injury and seek indictment. >> you talked about this individual was hoping to bring or use speaker pelosi to bring other people to the house to the residence, do we have any idea -- have investigators implied there was anyone else he might have been working with? did someone drive him there? was he part of a chat group? the idea for me, when we saw people attempting to do something like this when governor whitmer in mitch, when we saw what groups of people were trying to do on january 6th, it's very seldom one person. >> there's no other indication from the court filings whether or not this individual -- and i'm going through because i want to read the specific question because you had a -- because you have a question about it. but there was no indication in the court filings that he was working with anybody at any time, and i think -- i just wanted to look through one more second, and if not, i'm going to let you go. you know what? i'll have to go back and look through it. he said he did become aware of pelosi's 911 call at some point but thought he should still continue with his effort because much like the american foungd fathers with the british, he was fighting against tyranny with the sense of pressure. that was the interview he did with the san francisco police department. so clearly, this individual had a frame of mind in ideology. >> tom, thank you so much. jake, i want to turn to you. i want to talk about the politics of this. i don't mean to be glib when i say this. it offends had me sometimes when we're talking about life and death issues and want to talk about polling and who this helps. but i do want to play you this sound from morning joe this morning because i think it's important to understand that politics is driving this type of behavior and get your thoughts on the side on the other side. >> i immediately felt that there was adirect line here. not only the use of violence in a political way, but this idea that these echos we heard through the halls of the capitol of where's nancy, and i was shocked to hear of the attack and even further distraught to hear that paul pelosi went into surgery, a fractured skull. the absolute level of violence, the attack of an 82-year-old man with a hammer, and the silence, the crickets we have been talking about on the other side of the aisle. there was such a clear line between the conspiracies and rhetoric. what's even more disturbing is the conversations i have behind closed doors with republicans, those you might refer to as moderate republicans. they will say, we don't believe this, but we don't have a choice. they are subject to the pressure of maintaining this narrative or they will become attacked. >> jake, my first reaction to this is they're not really being attacked. they're just afraid of possibly being primaried. and there's a big difference between that and having somebody break into your house with a hammer. should we legitimately be looking at members of the republican organization and say, i see why you guys are under pressure too, or is it just them hoping to benefit from this type of violent behavior by people following the rhetoric from their organization? >> i think it's a lot of what you said. listen, i think they feel like they have to go along with the crowd, and the crowd is filled with conspiracy theories and seriously dark stuff. again, without mentioning the insanity that was going on on twitter and other social media platforms, the stuff the republicans were spreading about this incident -- in a normal era, outside the era we're in, we would look another these people and think they were nuts. this stuff is completely unhinged from reality, and now you see the criminal complaint as tom laid out, you see it was completely, according to the fbi and according to the department of justice, it was completely detached from reality, and this was a serious incident in what appears to be a man was going to hurt the speaker of the house. i do think there are people -- and i know because i'm up here and talk to members of congress every day. i do think there are some in the republican party who want to hold these things at arm's length. but most of them do not. and it's disspiriting to say because as nancy pelosi always says, it's healthy to have two healthy parties. but most republicans right now are also wrapped up in this conspiracy theory and looking for what actually happened. it can't say what the news media and prosecutors are saying. it's scary. i will say this, and this is a larger systemic problem that has to do with security. and i have been really taken aback by this. i wonder what you think and what experts might think about this as well. the fact that the third-ranking official in the united states government has a house that is unguard and whose husband -- i mean, this was an awful incident, but, i mean, i was just talking to my colleagues about this. he's so fortunate he was able to call 911, that he was able to get to the police. this is somebody who's second in line to the president whose 82-year-old husband is sitting at home in a big city alone. i mean, so many things could go wrong, and obviously something did go terribly wrong. i have been taken aback as somebody who's covered nancy pelosi for the past 15 years or so. i want to mention one other thing. i'm sorry to let this all out at once. but people draw comparisons to the steve scalise shooting, that was a horrible incident. the next day, nancy pelosi and paul ryan did an interview together about the danger of violence. the two party leaders did an interview together. and that was a poisonous time in american politics and american government. just look how far we have come. that is unthinkable today to have the two party leaders do that. it's quite a distressing set of events and political circumstance. >> i think we've taken for granted for a long time how little political violence there is against elected officials in this country, and that's unfortunately what's been made very apparent in this current environment. jake and tracey, thank you for joining us to start off the show. michael steel is sticking around. when we come back, voters are being bombarded with polls, some trying to be scared enough to keep voters at home. what voters should be spooked about. and that message hoping to be amplified by former president barack obama headlining three battleground states over the weekend. plus, supreme court could take down another large established precedent in this country putting the future of affirmative action and higher education in jeopardy. all this and more when "deadline: white house" returns. don't go anywhere. 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let's do a thought experiment. let's say you're at the airport, and you see mr. walker and you say, hey, there's herschel walker, heisman winner, let's have him fly the plane. you probably wouldn't say that. you would want to know, does he know how to fly an airplane? >> joining us now is dr. christina greer, an associate professor of political science, and the man of steel, michael steel is back with us. i'm going to start, doctor. lots of people like president barack obama, and it seems we're at this point where it's not just nostalgia about the obama era, but it seems he might be the only democrat who understands what it is to be a democrat in the post-trump era. how important do you think it is to these key states? is it to bolster people who are already enthusiastic or to make up for concern and lack of enthusiasm? >> i have a lot of conversations with other political scientists wondering, they're dusting off uncle barry, but you forget, he's really good at it and it's also to contextualize some of the policy arguments that democrats don't seem to know how to land. take wisconsin for instance, he contextualizes all that ron johnson is doing to try to take away medicare and social security for folks in wisconsin. something the party is saying, but there's a way he says it that's direct and charming, and it just lands. you see it time and time again. there's a reason they've got him in these states that races are close. and it's about turnout, and people are excited. you want people to call neighbors and friends to help them understand why the race is so important, and it may be that close, but it's not that close if we do our jobs and come out and vote. >> i honestly believe barack obama could run in 2024, he could beat trump, joe biden, or anybody. going along with what dr. greer said, michael, i want to play you the sound of former president barack obama making the kans for mandela barnes and against ron johnson and get your thoughts on the other side. >> some of you here are on social security. some of your parents are on it. some of your grand parents are on social security. you know why they have social security? because they worked for it. they worked hard jobs for it. they have chapped hands for it. they had long hours and sore backs and bad knees to get that social security. and if ron johnson does not understand that, if he understands giving tax breaks for private planes more than he understands making sure that seniors who have worked all their lives are able to retire with dignity and respect, he's not the person who's thinking about you and knows you and sees you, and he should not be your senator from wisconsin. >> michael, i say this with absolutely no shame. i think he made a better case for mandela than he's made for himself so far. when you see that, i want a historical context. is there anybody -- is there any other politician right now in the american mindset who can k make these arguments as passionately as barack obama can, on the left or the right? >> probably not. but before i get there, i just got to say this to get it out of the system so we set the table correctly here. beetle juice, beetle juice, beetle juice. >> i am here. i have appeared. >> i want to make sure you stay there. i don't want you dispeering in mid sentence. look, i think you're absolutely right. there isn't anyone who can cogently make the case for the broader policy narrative, democracy narrative probably than barack obama at this point. certainly not on my side of the aisle because that individual is not making the case for democracy. probably the closest would be liz cheney. and liz has been able to make that effective argument for the country. she has not had to engage on the policy side of it because her mission has been about saving the country from maga republicans. but, barack in the policy space certainly has been able to make that case for an administration that has long-needed someone to make that case. the fact that it is being made eight days before a general election, i know is disappointing for a lot of democrats, disappoint for a lot of senator right republicans and independents who thought, you guys have got to help bring the calgary here to stop the stampede from the hard right. but it's here. and it's now, you know, an effective message that will land, i think, in a lot of cases. and you make a very interesting and i think very founded point, that the president is able to make a case for why the country needs to trust democrats for the next two years better than system of the candidates themselves have been able to make it because it goes back to the larger narrative, the party as a whole have not been able to frame it. so these candidates have been left between do i have biden come in or not. do i talk about, you know, the infrastructure bill, or do i talk about something else? so he's now coming in and shaping the argument, and i think that's going to be important, particularly as we know, there's going to be a large voter turnout on election day. not just the early turnout votes that we've seen, so this could be very helpful for that. >> michael steel, thank you so much for joining us in this segment. dr. greer is going to stay with us. up next, we're going to talk about the youth vote. everybody wants them. nobody's sure if they're even paying attention, but the right is under threat, and we expect young voters to show up this year. a look at that story just ahead. . 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(beeping) learn more and view important safety information at inspiresleep.com. if you're turning 65 soon or over 65 and planning to retire... now's the time to learn more about an aarp medicare supplement insurance plan from unitedhealthcare and get help protecting yourself from the out-of-pocket costs medicare doesn't pay. because the time to prepare is before you go on medicare. don't wait. get started today. call unitedhealthcare for your free decision guide. a kohler home generator never misses a beat. it automatically powers your entire home in seconds. and keeps your family connected. with a heavy duty commercial grade engine and no refueling, even when the power goes out, life rocks on. right now get a free 10-year extended warranty and up to $750 off. as a teacher living and working in san francisco, the cost of housing makes living and working here really difficult. proposition d is the only measure that speeds up construction of affordable new homes by removing bureaucratic roadblocks. so teachers, nurses, firefighters and workers like us can live where we work. while prop e makes it nearly impossible to build more housing join habitat for humanity in rejecting prop e, and supporting prop d to build more affordable housing for everyone. now. young people, yes, the kids turning out to vote. but announces of early voting data shows people under the age of 35 have made a smaller share of absentee voters so far than they did in 2020. there's a number of figures to consider, but democrats hope the threat of abortion rights and the cancellation of some student loan debt would motivate people to vote. let's bring in our political analyst charles blow and christina greer is back with us. charles, i'll start with this. everybody talks about the youth vote every single election cycle. they talk at young people instead of with young people. do you think just in an abstract sense that democrats have made the message about, hey, your abortion rights are being taken away, student loans were on the table, do you think democrats have made that message effectively meaning it's getting to people under the age of 30? >> i think, you know, it's important to think about this cycle a little bit differently than previous cycles. i say that in the sense of not just about young voters but in all ways. it's really not about making the case. people are faced with a choice, and we have to figure out whether or not people are animated by the choice whether or not they believe -- literally believe in democracy and want to save it. do they literally believe it rights or you are willing to see them eroded. that's really it. all the arguments people are making on specific policy issues, great. i agree with many of them. but in the end, we have candidates who are running who should not even -- they shouldn't be under consideration, nowhere near the top of the polls. they're tied, sometimes ahead in the polls. that means people have basically disregarded what the policy is. this is no longer about whether or not a case can be made. this is now an existential question. do you have the energy, do you have the backbone, do you have the will to fight this situation that we are now facing? and many young people are like other people, which is they're exhausted. and i want to -- them not to be exhausted. they always say you can't grow weary, but people do. they get tired. i think what we're seeing with a lot of voters, not just young ones, but including them, is that people are exhausted. they have been told year after year after year -- because it's true -- that the country is under threat. and now they're still being told that. they're just tired, and we have to figure out a way to make them not be so tired. >> it's interesting. i think it was tim ryan running in ohio who said the frustrated majority is who he says he's speaking for. you and i are both in the classroom. so we're interacting with young voters and first-time voters on a regular basis. do you feel that the message has gotten through? when i talk to my students, some of them are registered, some of them aren't. they're in a state where it's very likely we're going to have the first african american governor in the state of maryland. i don't think much of the messaging has hit them. what have you seen with your students? >> i have somewhat of a biased sample because i tend to interact with students who are interested in politics and take my intro to politics courses. what i'm finding, though, is these students are very resourceful. they're not looking to jamie harrison to give them a message. they're motivating themselves on twitter and tiktok, and instagram, and in what's app in different ways that we just -- we never thought to mobilize in this way. what's really interesting is it's not just women who are motivated about their right to choose, but then men. if you take away contraception and you're forcing women to have children, that's also a conversation that men have to be involved in. so it's like, when does child support start? what does your life look like? they're also very interested in canceling student debt. they really want to know what their money is going towards in washington d.c. so these are questions a lot of people are asking because they feel the crunch at the grocery store just like adults do. the issue is people are constantly talking about them, and they're exhausted, but they recognize they're going to mobilize and motivate themselves separate from the frameworks we have grown accustomed to. because the rnc is very effective with messaging, so for young people, they do actually know what they're against, which is all things american and all things democracy. but when it comes to democrat, there's mixed messaging and they're all over the place. so they've motivated and mobilized themselves. i think we might be pleasantly surprised at the polls to see how many young people did bother to come out because they do recognize, this feels a little different. don't forget, they were locked down for a year 1/2. they have had a very trying time these past few years and are recognizing the adults in charge didn't actually do what needed to be done and they're seeing their time will be here sooner than we thought. >> nobody is going anywhere, because i want to continue this conversation with both of these people. just ahead, a conservative supreme court considering the use of race. it was a con ten, day there among the justice system. we'll tell you what happened there next on "deadline: white house." ou what happened there next on "deadline: white house. for people living with h-i-v, keep being you. and ask your doctor about biktarvy. biktarvy is a complete, one-pill, once-a-day treatment used for h-i-v in certain adults. it's not a cure, but with one small pill, biktarvy fights h-i-v to help you get to and stay undetectable. that's when the amount of virus is so low it cannot be measured by a lab 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health care premiums. energy costs, down an average of $1,800 a year for families. and it's paid for by making the biggest corporations pay what they owe. president biden's bill doesn't fix everything, but it will save your family money. today the supreme court is taking up two cases about the use of race in university admissions. they have the potential to further engrain inequality in america. during oral arguments today the conservative members of the court, which is six to three, appeared poised to strike down or severely limit the use of race-conscious admissions and affirmative action. multiple times today the conservative members of the court questioning whether there was any educational benefit to diversity. clarence thomas claiming that the arguments about a diverse educational experience could be used to implement segregation. liberal justice elena kagan pushing back against the attorney for the group challenging the use of race-conscious admissions at north carolina universities, reminding the court that this is about institutions that look like america. >> your brief, and this is very explicit in your brief, is it just doesn't matter if our institutions look like america. i guess what i'm asking you is doesn't it? i mean, doesn't it? these are the pipelines to leadership in our society. it might be military leadership. it might be business leadership. if universities are not racially diverse, and your rule suggests that it doesn't matter, well, then all of those institutions are not going to be racially diverse either. >> i don't -- >> and i thought that part of what it meant to be an american and to believe in american pluralism is that actually our institutions, you know, are reflective of who we are as a people in all our variety. >> we're back with charles blow and professor dr. christina greer. look, i always have to start with this. i am a graduate of university of north carolina at chapel hill. that is where i got my doctorate. and i make this point because whenever we have these conversations with affirmative action i have to acknowledge the effect it has on everybody. i'm only the fifth black person -- when i graduated i was only the fifth black person to get a ph.d. out of my program in the entire history of the program. you can't tell me that there were no other more qualified black people in the history of the university of north carolina at chapel hill to apply or try to get doctorates before me. the value of affirmative action is because it opens up pathways to qualify people to fight against institutions that might otherwise overlook them or be actively hostile against them. that being said, dr. greer, i'll start with you. as someone, again, who is in the classroom and knows what these kinds of rules and this kind of overturning of affirmative action could do, how does that negatively impact a university? i know that none of the justices care about the real arguments, but how does ending affirmative action actually harm a university? >> i mean, and we'll leave the pipeline conversation aside because that is crucial to the larger argument. we have to essentially play this out to the hilt. so destroying that pipeline has severe effects in every single sector of our society. but in a university, as someone who has the privilege of of teaching the youth of america on a daily basis, when you're in a classroom and you're looking out on 35 students when i teach my intro to politics classes and they're from all over and we have diverse class backgrounds, we've got diverse racial and ethnic backgrounds, we've got diversity when it comes to generational status, some people are first generation, some people are third, some people are tenth. like myself. i'm more than tenth generation american. so we have to understand it's more than just, you know, what i teach on the page. it's the conversations that students had. the reason why the price tag of universities is so high is you're paying to interact with so many students from around the country and around world where you're not going to get that in your local neighborhood. you actually need to go to a liberal arts embassy to tussle through these ideas. i have four years to have an intellectual journey with a student to actually introduce them to concepts so they can struggle with these concepts with the people who sit next to them who did not necessarily have the same upbringing as them, they don't have the same parents, they might not have the same partisanship, but they're in this country and we're trying to figure it out together. we're trying to build a foundation together. so when you have a homogenous classroom and homogenous thought and what clarence thomas et al. want, a homogenous racial identity in a classroom, where's the intellectual journey? where is the challenge? where is the interest in all of that? essentially, these justices, six justices, are potentially saying they want the classrooms to look like what they did in the 1850s and the 1900s, where it's all men, predominantly white, and maybe a sprinkling of others. but we cannot go back. we absolutely cannot. >> charles, dr. greer makes a really good point about going back. i point to the fact that i went to the university of virginia as an undergrad and at university of virginia they didn't have sort of open enrollment for black people until like 1971. my parents could not have applied and gotten into the university of virginia because of the laws that were on the books at the time. so from your perspective what is not just the negative impact on this but what does this also say about the legitimacy of the court? because after this ruling, and they're going to eliminate affirmative action just like they ended abortion as we know it, which had been precedent for the last 50 years, doesn't this further erode the idea that the supreme court actually is adjudicating the current and existing living needs of american people? i can't imagine anybody looking at this court with any more disdain than after they've said we don't care what women have autonomy over their bodies and we also don't care if people have equal opportunity to participate in higher education in america. >> right. well, the court has clearly lurched to the right. that is a fact. you already had on the previous affirmative action cases three of the justices now on the bench who were dissenting in those cases, and now you have three trump-appointed judges. so you're very likely going to get some curtailing or if not completely elimination of affirmative action the least in these higher education settings. and what we have to remember is what we're seeing is two things on both sides. one is the court is basically saying that racism doesn't exist. this is what john roberts wrote when they were gutting the voting rights, you know, bill. that racism was a artifact of the pass, it didn't exist the way it used to, and so we couldn't have rulings, laws, whatever, that recognize it today as it had been. and so this idea of racism being gone is just an extraordinary position for the court to take. but that seems like -- >> right. >> -- what the court is poised to say yet again. >> right. >> affirmative action was always a blunt tool, very broad -- >> we're short on time. we're short on time, charles. >> sorry. >> yeah. not a problem. we're short on time. clearly this is a fight we're going to continue. charles blow and christina greer, thank you all so much for joining me today on "deadline: white house." that does it for me. thank you for joining us. nicolle wallace will be back tomorrow. a special edition of "the beat" with ari melber starts right after in quick break. ight after in quick break bipolar ii, caplyta can help let in the lyte. discover caplyta. caplyta is a once-daily pill proven to deliver significant relief across bipolar depression. unlike some medicines that only treat bipolar i, caplyta treats both bipolar i and bipolar ii depression. and in clinical trials, movement disorders and weight gain were not common. call your doctor about sudden mood changes, behaviors, or suicidal thoughts. antidepressants may increase these risks in young adults. elderly dementia patients have increased risk of death or stroke. report fever, confusion, stiff or uncontrollable muscle movements which may be life threatening or permanent. these aren't all the serious side effects. in the darkness of bipolar i or ii depression, caplyta can help you let in the lyte. ask your doctor about caplyta, from intra-cellular therapies. your record label is taking off. but so is your sound engineer. you need to hire. i need indeed. indeed you do. indeed instant match instantly delivers quality candidates matching your job description. visit indeed.com/hire hello there. nicolle wallace is off today skirks want to welcome you to an extended two-hour edition of "the beat" live on halloween. i am ari melber and we have a lot to get to. let's start with what everyone knows on the political calendar. we're eight days away from these midterm elections while there is a new and grave warning that comes from the domestic security agencies of the united states. friday the same day that the speaker of the house's husband was brutally attacked in his home a joint bulletin was issued. it warns of the elevated threat of violence including directed at people involved with the machinery of these midterm elections. the poll workers, election workers, as well as public officials or politicians. it states that "domestic violent extremists across the ideological spectrum pose what they call a heightened threat to the midterm elections. some continue to amplify narratives to the perception of fraud in the general election and varied perceptions of divisive topics linked to the midterms lead to calls for justified violence." you have a very carefully worded warning hear. these warnings are not designed to interfere with or be involved with the actual political debates of the midterms. far from it. they are designed to give you actionable and clear information about what to watch out for if, for example, you're a poll worker. but you can see one of the words in there. perception of fraud. because as has been made clear from all of the available evidence, there was no widespread fraud in the last election. take "60 minutes," which broadcast arizona's republican attorney general discussing voter fraud claims. >> horse [ bleep ]. that's what it is. most of it's horse [ bleep ]. and i've been trying to scrape it off my shoes for the last year. >> brnvich supported trump, who lled him with advice. >> he goes, all you've got to do is say the election's fraudulent and you will be a superstar. you'll be the most popular guy in america. and i told him. i said, mr. president, iidt become attorney general to be a star. i brought my star with me. and i don't need anybody, whether it's the former president or any other person, validating what i'm doing and why i'm doing it. >> what he's doing is bringing indictments in every 2020 vote fraud case that he can back with evidence. altogether, to date, from the general election, arizona has indicted 12 defendants in cases involving a total of 12 ballots. 12. statewide. biden won arizona by 10,000. >> that's a little bit of context. and again, you see that from someone who happens to have a link to the republican party and donald trump. of course the party i.d. shouldn't make any difference at all. you have to just deal with the facts as they are. and the federal bulletin notes that they believe there are people motivated by election-related grievances who will now view the infrastructure personnel and voters involved in the process as a, quote, attractive targets, including the publicly accessible locations. and it lists off the polling places, et cetera. and they prioritize accessibility to maximum exposure to voters. dhs says this makes people vulnerable to the easy to use weapons. firearms, vehicles, edged weapons, incendiary devices, which have been used in the past. that is the formal language of the united states government, which of course is always careful if not loath to say too many new things going into an election, and yet they feel the need to do that for the safety of the process and the people involved. with that very serious context i want to bring in max boot from the council on foreign relations, "washington post" columnist, who's previously worked for republican officials. and donnell harvin, the former chief of homeland security intelligence for washington, d.c. welcome to you both. donnell, i mentioned that there's a great deal of review and care that goes into any such bulletin. with that in mind, what do you interpret as the significance and the reason that dhs thought we would all be better off having this information going into next week? >> well, that really is a call to the state and locals to secure their election process. i was on your show this time last year, ari, if you'll recall, and we were talking about looking backwards at january 6th but being aware of the threat that's in front of us. and the threat that's in front of us is the folks that encouraged and spread this theory about a stolen election are still out there and many of the unstable individuals that follow these type of narratives are still out there and they're plotting. and so what state and locals need to do is secure their election process. they need to protect their officials that are involved in this. and they need to make sure that these soft targets, which are along election lines in some states, are going to be not vulnerable to vehicle rammings and some of the things you just listed. >> max? >> well, i mean, clearly there is a real threat. i think we've all been shocked to see the level of political violence in the united states, especially in the last couple of years. i mean, i never imagined an event like the storming of the capitol on january 6th. and unfortunately, we're not stepping back from that. i mean, you're not seeing people on the republican side repudiate these lies about a stolen election. they're actually doubling down on it. so you have this very apocalyptic rhetoric, and i think that creates a massive danger as we see with the attack on nancy pelosi's husband and numerous other violent incidents. the danger is clearly growing. and i think that's what dhs is responding to. >> yeah, you say that, max, and it's important because some of the rhetoric is so extreme. and when you talk about the nature of certain conspiracy theories, the talk of satanic, evil, pedophilia conspiracy. it can be hard for someone who's living a normal, shall we say, day-to-day life, going to work, talking to other rational people to fully grasp what i think the authorities are saying, what both of you have pointed out. which is people believe this stuff. a lot of people. and some of them get into radicalization where they then act on it. and that affects all of us. to quote you, max, you're expounding on this for us, you say it's true that by calling out republican extremists democrats risk exacerbating the polarization. but they can't ignore the trend. and it's not democrats who are pushing our country to the brink. you mention a "time" study found maga members of congress who refuse to accept the results of the 2020 election, use polarizing language at triple the range of democrats. when you take it all together, max, what is important going into next week on results that should be honored by all and honoring them means republicans might take what is typically a benefit for the out of -- out of power party in a midterm, they might take back one or two houses and people have to respect the rule of law in that outcome. or vice versa. what do you advise? >> well, i certainly advise everybody to respect the democratic process. but it's pretty clear that a lot of republicans are not doing that. this is not a problem on the democratic side. so as i wrote in that column, we need to avoid the framing of this is a problem on both sides, which is basically what republicans like to say. no, it's not a problem on both sides. 70% of republicans do not accept the outcome of the 2020 election. and a lot of those election deniers are running very strongly while saying -- while not committing to recognizing the outcome of this election or any other election in the future that their side loses. so that is the fundamental problem, and it's combined with this extremely incendiary language that you hear from everybody from donald trump on down about how this is a communist country and now democrats are destroying america. i mean, this is just over-the-top rhetoric. and the result, as we see with these people, you know, like a guy who went and attacked an fbi office this summer after the fbi's search of mar-a-lago or, you know, this person in san francisco who committed this horrific crime against paul pelosi, what you see is that there are a lot of very troubled individuals out there who marinate in these insane conspiracy theories that spread on the right and then they take action, they act upon the rhetoric that you hear from the likes of donald trump. so the chief takeaway i take from all of this is republicans need to pull back. they need to dial down the rhetoric. because we are already in a very dangerous situation. it's getting worse. and unfortunately, i don't see any sign, even since the attempted assassination of speaker pelosi, i don't see any sign of republicans saying mea culpa, we need to not engage in these kinds of extremist incendiary rhetoric. i don't see any sign of that. instead they're saying basically like problem on both sides, we're victims too. so they're not taking responsibility for the way that they're driving this extremism which threatens us all. >> donell? >> i need to validate what max is saying from an intelligence standpoint. i've been on the phone today, last week and all this entire year with many of my colleagues and people who are following this closely. and they're struggling with the fact that so long as you have this narrative of a stolen election what it does is it pushes some of these far extreme individuals who don't need much pushing to do extreme things like we saw with speaker pelosi's husband. on the other end it lowers the moral guardrails from normal individuals to commit acts of violence. individuals who have otherwise no criminal history, no psychiatric history as many of the ones on the right like to point to. you saw that borne out on january 6th. many of the people who were convicted had no interactions with law enforcement. so when you think that the government that represents you is not legitimate and the people who are supporting that government are stealing your liberty and stealing your country, it lowers a lot of the barriers that normal individuals will have to commit acts of violence. and this is perpetuated. i am not particularly sanguine that our election day next week is going to go off without violence. unfortunately, i think there's too many individuals and as max has pointed out just now and in many of his publications there's a lot of people in the leadership realm who have not come out and been forceful enough to tell people to stop this. and so let's hope that everything goes well next week. but unfortunately, i think as we talked about this last year, ari, i think there's going to be violence this year and in the years coming. >> right. and of course we don't know the future. we know the authorities and expertise you have are exactly warning people to be at least prepared or aware of this. and preparation goes a long way to not letting potential incidents, however horrific their intent may be, not letting them snowball into something that's even worse or more destabilizing. you have to kind of buck up and go, so to speak. as for the voters who are increasingly aware of this, max, here's some of what we heard when chris jansing and our cameras caught up with people in ohio. >> i think it's the death of debate. the true definition of debate. and that a lot of people might think it's arguing and fighting and verbally throwing rocks at each other until someone wins or concedes. when you go to someone's house with a hammer to hurt them, that's beyond anger. that's hatred. >> when have we made politics synonymous to violence, fear? you know, anger. all of that. we can't continue to live that way. who wants to live in fear? and we may not be that country that has bombs dropping but it is a huge bomb when you hear that someone broke into someone's house to, you know, cause harm. >> max? >> i mean, they're absolutely right to be alarmed by what's going on. my concern is that people on the republican side of the aisle are not alarmed. you've got to grant that obviously there is left-wing political violence in this country as well as right-wing political violence but there is a lot more right-wing political violence than there is on the left-wing side. and you look at a number of studies that show that. and what's really alarming is the way that senior republicans don't really seem to care. you see the reaction in just the last few days since this horrific attack which landed paul pelosi in the hospital. okay, republicans said yeah, we oppose violence, that's good. but they're not saying let's restrain our rhetoric. they're not taking any responsibility for how their demonization of speaker pelosi might have led us to this moment. and instead what you see if you go online is some really sick stuff, ari. you see people like donald trump jr. and larry elder, very prominent republicans, who are joking, joking about this attack with the hammer on an 82-year-old man and attempted assassination of the house speaker. they think it's all a big laugh. there's also these insane conspiracy theories that are spreading which are basically suggesting that somehow paul pelosi brought this attack on himself. i don't want to repeat the insane details on the air. but this is just batshit nuts stuff. but it's out there. it's gone viral. it's trending on twitter. and republicans are not standing up to knock this down. instead you have even very establishment republicans like kari lake, the arizona governor candidate, or glenn youngkin, the governor of virginia, even they're making light of this attack. even they're continuing to engage in their demonization of speaker pelosi even after we've seen where it leads. so that's a very dangerous circumstance because there is no responsibility that i see on the republican side of the aisle. >> yeah. you both make very important points, which is why we wanted to set aside time for this rather serious topic. this is not a big who's up, who's down midterms conversation. it's really looking seriously at these issues and helping people be informed so that we might participate civically in the midterms however people choose. so i hope the warnings are well heeded. max boot and donell harvin, thanks to both of you. i want to tell folks that coming up the san francisco district attorney at 6:00 p.m. eastern tonight is holding a news conference about the pelosi attack. coming up here in this hour, hate speech on the rise. racist tweets are skyrocketing. we just talked about elon musk, what max mentioned. we're going to get into that. and a top election lawyer on how these cases will play out. by the end of the hour we bring you the opening statements in something people may have forgotten is even happening. the new york trial of the entire trump company as the legal headaches mount. a lot coming up. stay with us. a lot coming up. stay with us give me that! why do you always get to talk first? 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(vo) red lobster's finer points of fun dining how to endless shrimp step 1: greet your shrimp. step 2: bid your shrimp farewell. reeepeeeat. ultimate endless shrimp is ending soon. it's now, or next year. welcome to fun dining. aah, it's a good day to cough. oh, no! bye, bye cough. later chest congestion. hello 12 hours of relief. 12 hours!! hmmm, ok. not coughing at yoga? antiquing not coughing? not coughing at the movies?! hashtag still not coughing?! aaah. oww! mucinex dm gives you 12 hours of relief from chest congestion and any type of cough, day or night. it's not cough season. it's always comeback season. we just had a conversation at the top of the hour about some of the violence, vient rhetoric and danger we face going into the midterms. one guest, max boot, even mentioned some of the way disinformation has been fanned by elon musk. and that brings us to another important related topic. unfortunate that all these things connect, perhaps, but we want to bring you the facts as we have them. there are warnings about what is happening on one of the most widely read and reached rapid social media networks that exists in the world. that is twitter. in the first few hours of billionaire elon musk's takeover we've seen a display of what can at least get by on the platform. we'll get to the nuance in a minute. but let me show you why it's a big story. anonymous users say oh, there is now because of musk a liberation of twitter. and that to them means a liberation of hate speech that they at least prior to this day didn't think would be allowed. things that range from racist to anti-semitic to anti-lgbtq, misogynistic items, et cetera. now, musk has tweeted the bird is freed while promoting the site as a place for debate noting no resort to violence. and he's talked about not wanting to create a free-for-all hellscape. "washington post" reporting on a spate of racial slurs, a single-word tweet that showed a racial slur in caps went basically semi-viral. it was liked over 5,000 times. it went out thursday night. it remained online for about 16 hours. another account that was created recently this month has a nazi swastika as a profile picture and it sends out quotes from musk along with anti-semitic and hate imagery or memes. there's also a tweet that features a video montage that would appear to glorify nazi germany and says, "i hear there have been some changes around here." that got about 400 likes. musk himself has said that he he wants to use the platform to create a wider type of free speech. let's also not forget something we've emphasized on the beat before. mr. musk is a billionaire who has built his whole life around reaping billions of dollars and prioritizing making money. so what he says he believes in speech, politics, policy and otherwise, has to be measured up against the fact that he may be playing more than one game here. twitter for its part has also stated, i wanted to include this as the nuance i mentioned, they say their policy on hateful content has not changed at this time and they attribute the rise in hate speech to a small number of accounts that they say are, quote, inauthentic. so that's some of the perspective and the nuance. now let's bring in george salim, senior vice president for the anti-defamation league, which fights hate, anti-semitism and other types of bigotry. and molly young fast, a contributing writer at "the atlantic" and host of the politics podcast. welcome to both of you. george, i tried to show some of the examples without fanning it. i tried to be very fair to what twitter is publicly asserting or claiming. they claim they haven't made any change on the back end. so that this is more about what we might call a reaction to elon expectations or culture and not the tech itself. with all that said, what do you think is important about what we're seeing? >> thanks, ari. this is an important issue to bring up in the here and now. but what's also important is what's been happening previously. recent months, recent years. the history of the work that twitter has attempted to do to regulate anti-semitism and hate speech on their platform. and they have largely failed at doing so. one specific example is this past summer in july. adl identified several hundred tweets that were horrifically anti-semitic in their content and were a clear violation in our interpretation of twitter's standing policy. once we raised those to twitter executives preelon musk through the appropriate channels, less than 5% of those tweets were actually taken down. so the point is the problem that you're identifying today, which is accurate, didn't start today and didn't start with elon musk's takeover of twitter. it has been going on in months and years prior and potentially could be exacerbated in the weeks and months to come. >> do you think there's any indication that things are worse, or is it too early to tell with regard to mr. musk's takeover? >> you know, publicly we were cautiously optimistic that elon could come in, put in place the appropriate technology and reforms that twitter and other social media companies really needed. the metaverse, youtube, et cetera. there is a need to monitor and take down anti-semitic, hateful and bigoted content. and he with see this across the spectrum. we've been cautiously optimistic. the initial signs that we see in the early days in his ownership of twitter have not been promising. but we're going to remain optimistic and engaged that the ship can be turned around and that this hateful and inciteful rhetoric can be appropriately taken down from these platforms. >> molly? >> as a facebook user i saw a radical shift on thursday. i mean, just absolutely sort of shocking. it was like maybe there wasn't a tech issue but trolls were emboldened. there were -- >> facebook or twitter? >> on twitter. once elon bought the platform. i mean, you just saw, it was impossible not to see. and even elon himself, he shared something from this site called the santa monica observer, which is a low-confidence far-right kind of gateway pundit-like site. so immediately he was setting the tone. right? so it wasn't so much a change in the mechanics of the site and more of a change in the ethos. you know, for a long time even though twitter wasn't perfect they worked really hard to sort of try as much as possible to take down stuff that really was anti-semitic. i saw them really work hard to take down stuff that was medically lies about vaccines and stuff like that. and they really did some of it. i mean, they weren't perfect but they did a lot better than facebook. and this was like a radical shift on thursday. i was surprised. >> so molly, at this point, though, especially keeping in mind that most of our viewers are not regular twitter users because the data shows most people don't spend all their day tweeting. apologies to the media bubble and others. so for folks who aren't on there, are we talking about elon musk setting a tone, people seizing on that, and then it's going to take a lot longer to see what the architecture is? because one thing both of you have said without praising much of anything that's happened since musk took over, both of you, molly, first you seemed to be acknowledging that at least as far as we know nothing has changed in the functionality. there's a lot of other people, i will say, on twitter who use it in ways that range from annoying to terrible to hateful. he just happens to have a lot of fame and now ownership behind him. >> well, i would say it's the same as when trump got elected. right? it was a message to people. and you know, just like when trump would give these speeches in places and you would see a rise in anti-semitism or you would see a rise in negative comments, it's this idea that it emboldens people. the more it begets more. some anti-semitism begets more anti-semitism. and with musk sharing that story about pelosi he was saying like this is a place for that. >> yeah. >> and he has a huge platform. and so that was how we saw it. >> yeah. before i lose you, george, let's go beyond the internet and just give you one swing at anti-semitism in general. i want to pitch a question to you that you can answer for our viewers, thoughtfulness, because it's something your organization works on a lot. what do you say to people who aren't anti-semitic, don't identify that way, but they say gosh, this doesn't seem like the big one, the big deal, there's a lot of different problems with hate and they see in the united states, they feel like there are plenty of jews in visible positions and in part of society, i would say in politics, law, media, culture, and they say gosh, how bad a problem can it be when jews seem to be doing okay? and i say that if they ask that not hatefully but just kind of curiously, what do you say on behalf of the adl given that there is such a long, enduring problem with anti-semitism in societies including america even with some of those conditions that i mentioned? >> yeah. i'll answer that question pretty directly. things aren't going great, and it's not okay. and here's the reason why. last calendar year we saw the highest number of recorded anti-semitic incidents in this country that we've ever seen. nearly 3,000 incidents of violence, vandalism, across the country. nearly in all 50 states we saw these incidents that affected not just jewish communities but schools, jccs, places where people congregate to exercise, places where people congregate to worship, places that bring communities together not just jewish communities. so what we know is that anti-semitism is often the canary in the coalmine. when that level of bias and that level of bigotry is demonstrated against the jewish community, it's not safe for other communities, whether they're lgbtq, whether they're black, whether they're hispanic, whether they're new immigrant communities, et cetera. so we've been monitoring and tracking anti-semitism for north of 40 years. it's some of the worst statistics we've ever seen on record, and all in all it is a pretty firm indicator that when it's bad in the u.s. for the american jewish community it is likely going to be bad for other communities who are disproportionately affected by hate and violence. >> yeah. i wanted to give you that opportunity. above and beyond the it can aspect that we were covering. so i thank you, george selim, and molly jong-fast, thanks to both of you. let me tell folks what's coming up. we're keeping an eye on what you see in the corner of your television screen for part of our coverage, which is this upcoming news conference about the pelosi attack and related indictment. we're going to get into that. also tonight, 51 lawsuits, 19 states, and we're still a week out from the election. we have a top election lawyer when we come back. me back. you could manufacture a whole new way of manufacturing. you could disrupt buying habits before they disrupt your business. you could fire up a new generation of start-ups. and fuel the search for what comes next. so...what are you waiting for? go. baker tilly. ♪♪ what will you do? will you make something better? create something new? our dell technologies advisors can provide you with the tools and expertise you need to bring out the innovator in you. becoming a morning person starts the night before with new neuriva relax and sleep. it has l-theanine to help me relax from daily stress. plus, shoden ashwagandha for quality sleep. so i can wake up refreshed. neuriva: think bigger. vo: climate change is fueling a wildfire crisis. so i can wake up refreshed. destroying our forests. threatening our communities. polluting our air. prop 30 taxes those making over 2 million a year. no one else pays a penny. 30 will reduce the tailpipe emissions that drive climate change. and prevent wildfires and toxic smoke. so we have clean air to breathe. this is about our kids' future. omar: prop 30 helps contain fires and combat tailpipe emissions. vote yes on 30. we turn to an expert who's been at the center of the legal battles over our democracy itself for some time, at least since 2020, when many of his efforts came to prominence. you may recall the courts actually rejected 60-plus attempts to overthrow the results on behalf of donald trump. then within two years we have the midterm elections one week away. marc elias says his firm is now litigating over 50 cases in 19 states. he's expecting new litigation. this time they're working on the state by state efforts. they have extra resources. they're facing what they call extra disinformation from the right, with the republican party that is now making challenges to democracy or outright support of the january 6th insurrection and coup a part of what at least a huge chunk of its candidates are openingly running on. we are joined by marc elias, founder of the democracy docket. good day to you, sir. >> thanks for having me. >> you are a lawyer so recognized in this area that people often make you either their first call or as you may know online their first diss because some people in the republican party don't like it, although unlike, say, giuliani or others, you haven't been sanctioned or anything. you're just doing litigation. with that in mind, why don't you tell us what you're seeing, and is it fundamentally different than, say, the old days of back to bush v. gore where there were cases and they were hard fought but they weren't like this? >> yeah. so you're exactly right. what we're seeing now is like nothing we've ever seen before. and just to give you some perspective, my first post-election dispute was over a senate seat after the 1996 election in louisiana between mary landrieu and woody jenkins. and i was involved in a number of what you would think would be fairly contentious ballots after that, including harry reid's recount in 1998, al franken. but what you're seeing now is like nothing we've seen before. democracy docket tracks all the litigation that is brought whether by democrats or republicans on either side. and there have been this year alone 158 lawsuits, this year in 34 states. 96 of them are still currently active and ongoing. and 39 of them, this is key, 39 of them are -- have been brought by republicans to restrict voting rights. you know, historically the courts were a place where you went if you thought that your voting rights were being denied and you need to defend the franchise. republicans are now weaponizing the courts to make voting harder. and so that along with the election vigilanteism we see in states like arizona and nevada, it's really a whole different ball game. >> just to respond to you, i'm reminded of late on election night 2020 when donald trump, who lies a lot but then sometimes blurts out his true intent, that's what makes him strange or different than certain other political figures, he blurted out, "we want all vote counting to stop." i mean, he said that. because he knew and admitted, and as you know, this is evidence in the january 6th hearings and maybe in criminal trials, we'll see, he knew and admitted that if the vote counting continued he was in his mind likely to lose, so he didn't want all the votes counted. if that's not a dictatorial mindset on tape, i don't know what is. so a, respond to that if you choose. b, do you think that judges' current approaches works or do you think there has to be some adjustment within the rule of law to deal with what you describe as a changed landscape for efforts to overthrow democracy? >> yeah. i think it is just that. it is an effort to overthrow democracy. what we saw in 2020 had three phases. the first was before the election donald trump badmouthed democracy and tried to vilify voting. then as you point out after it was clear he lost the election he went to court 65 times, lost 64 of them, in an effort to use the courts to overturn the will of the electorate. and here's the key, ari, to sow doubts and create the big lie. to create the ground that was fertile for what we saw third, which was violence. we saw violence on january 6th in an effort to overturn free and fair elections through violence. well, look now where we are later. we have seen election denialism first in legislatures and the laws they passed in 2021 and now in the candidates. they are continuing to badmouth democracy. and what are we seeing now? we're seeing armed people stalking dropboxs. so i fear that we're seeing all three of those pieces. and it all goes back to what you said, which was donald trump after 2020 unleashing this on the country. >> yeah. but you think basically the judges' approaches work or there needs to be what we might call a jurisprudential adjustment to make the news more boring than it already might sound? >> i think we saw in 2020 the courts held. in 2020 we saw the courts. i think the jury is out whether or not that will be the case. but i don't think we can count on it. i think that there is a need for new jurisprudence. there is a need for jurisprudence that recognizes that the right to vote is, as the supreme court said 60 years ago, preserved above all other rights and it needs to pre-empt or trump, maybe, the other considerations that are sometimes in play. and the other thing is i think the bar needs to take a real hard look at itself and say why are we allowing lawyers to engage in election subversion? i'm not saying that the republican candidates shouldn't have lawyers to fight hard battles -- >> let me jump in. >> -- but not the kind of stuff -- >> let me jump in to make sure. when you say the bar, marc, you're basically saying the legal profession like the medical profession is not just taking boxes out of a warehouse and shipping them or no disrespect to any other work, but it's not automatic that lawyers have a higher duty no matter what the jokes may be about their ethics, that in fact you can't just perjure in court. right? you can't just lie in court and keep your law license. there's a reason for that. and that you think there's a larger test here to the bar on a non-partisan basis for lawyers to police themselves better and not help lying junk lawsuits that are adjacent to coup efforts? >> correct. that's exactly what i'm saying. is that it is time for the legal profession to adopt as a canon that you have to be pro democracy. it doesn't mean you have to have my version of democracy. it doesn't mean you can't be on the other side of litigation. you about the kind of junk litigation we saw in 2020 that was aimed at nothing but subverting election results really -- the legal profession needs to speak out more loudly. >> i think i singled that out only because we talked about a few things but that's a very important point. it's one i discussed with some lawyers out there. and i think there has to be of course a robust space for zealous advocacy, which means what even in supreme court litigation is sometimes called off the wall arguments for why your republican candidate should win. yes. but john eastman coup memos about why you could conjoin with violence so your candidate could steal, no. and there's got to be -- >> correct. >> -- a difference here. in that sense it's a time for choosing. i'm out of time here. but marc, i suspect -- i don't know but i suspect we might see you on air again in the days ahead. thank you for making the time today. >> thank you. i look forward to it. officer harry dunn taking the stand in that momentous covered. [coughing] hi, susan. honey. yeah. i respect that. but that cough looks pretty bad. try this robitussin honey. the real honey you love, plus the powerful cough relief you need. mind if i root through your trash? robitussin. the only brand with real honeyand elderberry. family is just very important. she's my sister and we depend on each other a lot. she's the rock of the family. she's the person who holds everything together. it's a battle, you know. i'm going to be there. keytruda and chemotherapy meant treating my cancer with two different types of medicine. in a clinical trial, keytruda and chemotherapy was proven to help people live longer than chemotherapy alone. keytruda is used to treat more patients with advanced lung cancer than any other immunotherapy. keytruda may be used with certain chemotherapies as your first treatment if you have advanced nonsquamous non-small cell lung cancer and you do not have an abnormal “egfr” or “alk” gene. keytruda helps your immune system fight cancer, but can also cause your immune system to attack healthy parts of your body. this can happen during or after treatment and may be severe and lead to death. see your doctor right away if you have cough, shortness of breath, chest pain, diarrhea, severe stomach pain or tenderness, severe nausea or vomiting, headache, light sensitivity, eye problems, irregular heartbeat, extreme tiredness, constipation, dizziness or fainting, changes in appetite, thirst, or urine, confusion or memory problems, muscle pain or weakness, fever, rash, itching, or flushing. these are not all the possible side effects. tell your doctor about all your medical conditions including immune system problems, or if you've had an organ transplant, had or plan to have a stem cell transplant or have had radiation to your chest area or a nervous system condition. it feels good to be here for them. living longer is possible. it's tru. keytruda from merck. ask your doctor about keytruda. for people living with h-i-v, keep being you. and ask your doctor about biktarvy. biktarvy is a complete, one-pill, once-a-day treatment used for h-i-v in certain adults. it's not a cure, but with one small pill, biktarvy fights h-i-v to help you get to and stay undetectable. that's when the amount of virus is so low it cannot be measured by a lab test. research shows people who take h-i-v treatment every day and get to and stay undetectable can no longer transmit h-i-v through sex. serious side effects can occur, including kidney problems and kidney failure. rare, life-threatening side effects include a buildup of lactic acid and liver problems. do not take biktarvy if you take dofetilide or rifampin. tell your doctor about all the medicines and supplements you take, if you are pregnant or breastfeeding, or if you have kidney or liver problems, including hepatitis. if you have hepatitis b, do not stop taking biktarvy without talking to your doctor. common side effects were diarrhea, nausea, and headache. if you're living with hiv, keep loving who you are. and ask your doctor if biktarvy is right for you. cheating and greed. that's how the prosecutor is presenting the jurors this key case, which involves whether the trump organization is as a legal matter a kind of criminal syndicate. opening statements in court today in new york. prosecutors telling a jury that parts of the trump organization paid their executives extra off the books. they cheated on their taxes in a clever scheme. one of the executives, the former indicted cfo, now convicted, is the star witness for this round in the case. you may remember him, allen weisselberg. he could take the stand as early as next week. he got a plea deal after being indicted as part of this case. so you have the top money man and the organization trump org, just not the former president himself. there's a question over whether donald trump or any of his children could also somehow be roped into the case. the acting new york supreme court justice juan meacham telling jurors i should say during questioning those people could testify. we're joined by suzanne craig and former prosecutor paul butler. welcome. suzanne -- everybody's phone ringing off the hook. because you know, you're in demand. >> yeah, i know. you knew that was going to happen. >> or it could be somebody about editing a story. who knows? when you look at how much you covered the leadup to this and the financial shenanigans, how commensurate, how matched is this case that's unfolding now this week to the scale of donald trump's personal tax shenanigans and the trump org problem? >> it's very much of a piece of it. at "the new york times" we got his taxes, 20-some years of tax return information, and we saw a lot of this stuff in that taxes, particularly some of the payroll shenanigans that were going on. and you just also have all the perks that we see that he is alleged, the trump organization is alleged to have given allen weisselberg. the apartments, the cars, the tuition for his grandchildren. these are stories we -- you know, we've heard about allen weisselberg and other executives that we've talked to that used to work for the trump organization also say that they got. so it's very familiar. >> paul? >> you know, ari, donald trump is not on trial in this case. but you wouldn't know it based on the prosecutors' opening statement. as you mentioned, he said this case is about greed and cheating. and then she mentioned donald trump's name as many times as she could. the other thing i notice is that the prosecution and the defense are really going at it. it's considered bad form for a lawyer to object during an opening or closing statement unless the other side has said something that's really egregious. but ari, today the judge had to interrupt the opening statements on both sides 16 times. >> yeah. that's an errantteresting nuancu mention there. sue, go ahead. >> i was going to say it's interesting because while donald trump is sort of the mist in the room, he's constantly being talked about, the case is very much -- and they keep making the distinction that it went to the highest levels of the trump organization accounting department. he is not on trial. and that distinction is being made over and over again. i sat through some jury selection last week and it was really clear they were trying to convene a jury to try donald trump it was going to be very difficult. they kept having to say, you know, set your feelings about this guy aside. there was a lot of trump hate on that jury. set that aside. this is about the trump organization. and i think that's really important because it is donald trump's company. donald trump is not on trial. they just keep saying let's differentiate the two. >> right. and in fairness to the process, jurors have to look at only the evidence before them about this company. >> that's right. >> in fairness to reality, the trump org in name, likeness and its gold-plated mood, if you will, has been long synonymous with donald trump and his brand. so it is a tricky thing although the company -- >> that's right. >> go ahead. i was just going to say they deserve the same legal protections of anyone. go ahead, suzanne, finish your thought. >> no, it is -- the trump organization is donald trump. i mean, that's sort of -- you just said it. you see that as kind of just you have to smile when you're sitting there all of a sudden. he's not -- he's over here and i guess he was signing autographs and flying around in planes but he didn't know about this huge tax -- alleged tax fraud scheme going on in his company. it does sort of take a little bit of a leap. but he's not on trial. so it doesn't matter. and you can sort of start to see part of the reason why they maybe didn't bring charges against him. i don't think it's the full reason. but you know, it would have been very difficult. >> yeah. and you're saying that as someone who looked at the evidence. other people may wonder or be frustrated why it seems that he might skate so much. but again, the legal process requires a great deal of evidence directly linking people. clearly they had it on the cfo weisselberg. he's convicted now. they think, the prosecutors, they have it on the company. whether they had it or not on trump, you as an independent reporter say that's a harder case. it's interesting to hear that as we follow the trial. i want to thank susanne. paul comes back and we're going to get into the other big case, the trial of five oath keepers. stay with us. take care of myself. i try to stay in shape. that's really important, especially as you age. i noticed after kids that my body totally changed. i started noticing a little pudge. so i took action! coolsculpting targets, freezes and eliminates treated fat for good. no needles, no incisions. discuss coolsculpting with your provider. some common side effects include temporary numbness, discomfort and swelling. you've come this far... coolsculpting takes you further. visit coolsculpting.com [coughing] hi, susan. honey. yeah. i respect that. but that cough looks pretty bad. try this robitussin honey. the real honey you love, plus the powerful cough relief you need. mind if i root through your trash? robitussin. the only brand with real honeyand elderberry. two new ihop lunch and dinner menu items for twice the goodness, twice the flavor, and twice the choice. sirloin salisbury steak and all-natural salmon. perfect for lunch or dinner. only at ihop. download the app and earn free food with every purchase. if you're living in the darkness of bipolar i or bipolar ii depression, caplyta can help let in the lyte. discover caplyta. caplyta is a once-daily pill proven to deliver significant relief across bipolar depression. unlike some medicines that only treat bipolar i, caplyta treats both bipolar i and bipolar ii depression. and in clinical trials, movement disorders and weight gain were not common. call your doctor about sudden mood changes, behaviors, or suicidal thoughts. antidepressants may increase these risks in young adults. elderly dementia patients have increased risk of death or stroke. report fever, confusion, stiff or uncontrollable muscle movements which may be life threatening or permanent. these aren't all the serious side effects. in the darkness of bipolar i or ii depression, caplyta can help you let in the lyte. ask your doctor about caplyta, from intra-cellular therapies. and extremism in america, we also turn back to the accountability for that related set of issues. the 20th day today in a trial of the oath keepers. testimony came today from capital police officer harry dunn. he was stationed outside speaker pelosi's office and said they were trying to get past me and i stopped them. prosecutors played video to support that claim, the evidence as dunn faced down the group. he's heard saying we have dozens of officers down. i'm joined by justice reporter ryan riley, paul butler also back. ryan, what did you see? >> reporter: the most impactful thing we saw from harry dunn's testimony and was the testimony of grayden young, he's an oath keeper from florida. he compared this to the french revolution and said it made sense to him, the logic made sense. he thought the election was stolen and this was a way to stop the election from being certified. he hoped there would be a committee set up to investigate the claims of voter fraud. it was compelling testimony. he said it was pandemonium inside and admitted he was essentially a traitor to his government. >> ryan riley, thank you. paul, the larger question here we've seen is those who took part in storming the capitol on the 6st, many were indicted. on the other hand, viewers may have heard me mention this fact, the people tied to planning the insurrection, to summoning the rally, to organizing the plots, none of those have been indicted. some of the people caught up with that kind of planning, the people who knew more about the 6th in advance have been the ones defying subpoenas. there has been one conviction of that, steve bannon. mark meadows seeming to get away from the probe without any accountability. i want to bring in a different voice on this. that's someone that viewers may recognize. it's billy porter. we spoke about the flouting of the subpoenas. here's what he told me. >> still, it's really difficult to speak to my community and try to get them to go out to vote when we see in real time that the laws aren't for everybody. they're not. something as simple as the subpoena, if you're subpoenaed, you're required to go or they throw your ass in jail, right? >> uh-huh. >> isn't that what it's supposed to be? >> for just about everybody. >> what's happening? i don't understand what's happening. it's, like, simple. throw their asses in jail. i don't understand why they're not in jail. >> paul butler, we put the question to you. >> that's a question for merrick garland, not me. hopefully it's on its way. i love the title of that interview with mr. porter because this is about equal justice under the law. over 800 people have been charged in connection with january 6th, but no congresspeople, no senators, none of the top people in the white house who we know arranged the financing and organizing for the violence that we saw on january 6th. so, it's -- i would say -- i wouldn't even say it's great that 800 people have been prosecuted. they should have been. black and brown people, when they break the law, we get prosecuted every day. beyond the little guys, these 800 folks, when is there going to be accountability at the very top and the very top is, of course, the former president? >> yeah. well, i think you make some important points. it comes down to the chief law enforcement officer of the united states, merrick garland. we try to draw on a wide variety of experiences and views here. i think mr. porter's point was worth surfacing. appreciate you reckoning with it. i mentioned nicolle is out. we have another hour of "the beat" coming up. we're also monitoring what is expecting to be a press conference from the san francisco d.a. about the charges related to the attack on the house speaker's house, mr. pelosi. stay with us. s house, mr. pelosi stay with us i'm excited about pronamel repair because it penetrates deep into the tooth to help actively repair acid-weakened enamel. i recommend pronamel repair to my patients. becoming a morning person starts the night before with new neuriva relax and sleep. it has l-theanine to help me relax from daily stress. plus, shoden ashwagandha for quality sleep. so i can wake up refreshed. neuriva: think bigger. 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