growing on the presidency. >> dire warning from a man who would know on the last day of the kavanaugh hearing. >> there is now a cancer on the presidency? >> yes, i would agree with that. >> all in starts now. >> good evening from new york, i am chris hayes. 60 days from the midterm election. danger threatens donald trump's presidency from both within and without. 4 including tonight a report that his private business empire, a thing that defines him above all else is in the cross hairs of a federal probe. inside the white house the president and closest aides are reportedly turning the west wing upside down to try to identify the anonymous author of the op ed claiming to be part of the resistance inside the trump administration protecting the country from an unfit president. asked by a reporter if he thinks the attorney general should investigate who wrote it, the president responded he does. claiming the op-ed is a matter of national security. the reporter did not ask which law the president thinks was broken. after issuing denials yesterday, administration officials are going the extra mile to claim their innocence. nikki haley publishing a signed op ed in the new york post and another throwing down the gauntlet. >> the "new york times" if you are listening, if someone told you i wrote the piece, you are allowed to announce that. i forgive you of any confidentiality you thought you had with me. it's not me. >> maybe the president should challenge every single one of the officials who issued statements yesterday to follow suit. all of those under-lings are the least of the president's worries. they are not the ones investigating him for obstruction of justice and conspiracy with a foreign power to win the white house. as negotiations draw on and on, the president sounds less eager. to face the special counsel than he used to. >> they're saying you're not willing to answer questions to mueller about obstruction. doesn't it send the message that you're hiding something? >> number one, there is no obstruction. number two, everybody that looked at anybody over there, they get them on some kind of a lie. i see papadopoulos. i don't know him. i saw him sitting in one picture at a table. that's the only thing i know. i don't know. but they got him on i guess a couple of lies is what they're saying. >> a couple of lies. what's the big deal? speaking of papadopoulos, he appeared in court to be sentenced for, indeed, lying to investigators about his contacts with russia-linked individuals during the campaign. his lawyer made an extraordinary argument according to reporters in the courtroom that the president of the united states hindered the investigation far more than the lawyer's planned by launching a fake news campaign and calling the probe a witch hunt. the judge may have found that convincing. papadopoulos was sentenced to just two weeks behind bars. paul man fort has been locked up since breaking the terms of his bail accused of witness tampering. far right conspiracy theorist was subpoenaed to appear, and roger stone, cover si has cold info wars he would like to fight the special counsel. >> i want to say to mueller, let's go out in the backyard of the justice department. you got to have something? let's duke it out. you want to behave like a thug? well, this is what you deserve. >> okay. today after his lawyer said he planned to cooperate with mueller's subpoena, of course, he was a no-show. another associate of roger stone's did appear before the grand jury. the man he's called his back channel to wikileaks and julian asawnage. randy creditco with his court dog. >> no, don't. the majority of the question he had today was roger stone. specific questions we're not going to get into. >> god bless lawyers. he's the latest in a long line of witnesses connected to roger stone to testify for the grand jury or to be interviewed by mueller's team. it's another sign the special counsel may be closing in on the president's long-time ally and adviser. to fan the flames tonight there's this. a single source report that federal prosecutors in new york did not end their investigation with michael cohen's guilty plea but rather are now examining whether executives at the trump organization violated campaign finance laws. to help break down the astonishing number of legal threats i'm joined by a retired federal judge in the district court of massachusetts, and also a former deputy assistant attorney general. nancy, let me start with you as a former federal judge. a lot of people trying to make sense of the sentence. 14 days for what papadopoulos pled to. what do you think of it? >> the plea guidelines were between probation and six months which is about as low a sentence as one could get and still be a felony under the federal guidelines. i don't think it means anything except that the judge saw a 29-year-old or a younger man who seemed to be showing remorse and the government really wasn't pressing. the government didn't say anything with respect to probation in six months. i think that they just saw it -- the judge would have just seen this as the kid is showing remorse. some time was necessary, but i don't think it has any significance beyond that. it was a relatively minor plea agreement. >> so harry, let's talk about the roger stone and creditco part of this. it seemed mueller is zeroing in on stone. sto stone has said he expects to be indicted. my question to you having worked in the justice department, do you think today which is 60 days to the midterm, duke the idea the justice department can't bring anything in that 60 day window applies to anything with stronger stone? >> the short answer is no. no as we've learned from giuliani's false assertions before, there's no strict policy and the guidelines such as exists has to do with the direct effect on an election. i think the argument is stronger that indicting stone doesn't have a direct effect on any particular election, though it's not good news for trump. now, we do know that when mueller proffered his list of questions to trump, it included things specifically about stone and stone has bragged about his relationship and prior knowledge with both wikileaks and julian assange. this indictment could bring what has been activity across the atlantic, computer hacking in particular, onto our shores and close to trump. >> yeah. from the trump perspective, i mean, the indictments that have been on the russian side, the conspiracy to sort of tilt the election, sabotage it that they offered of russians. if stone were indicted that would be an enormousseismic. >> right. stone adds this up to a much lesser degree papadopoulos are the link between the campaign and wikileaks and the russians. so stone, that would be significant, but it would not be new to some degree. stone's bragging about his relationship to assange, i think was central to this. the only difference is now being indicted. the questions to the president, i wonder if the reason why mueller is going to questions to the president rather than a grand jury subpoena is that he simply does not want to be litigating the subpoena issue all the way to the supreme court given the vagaries of the supreme court right now. in other words, getting questions at least getting something as opposed to doing what any other prosecutor would have done which is a grand jury subpoena. >> yeah. they have played out the string on this, giuliani and the president's legal team. they haven't given them anything yet. there's also this news today. again, there's a lot when you're looking at the president's legal -- >> just another parafriday. >> it's remarkable. creditco doesn't show up. papadopoulos pleads. manafort weighing plea deal to avoid new criminal trial, source says. also this is a bloomberg scoop. manafort may be talking to mueller about possibly cooperating. >> it came up before. there was a flirtation with it about a week ago. what i most likely make of it, he's stayed quiet so long. he's broke and knows he's going to be convicted in d.c. in other words, i think the cooperation he is looking to make is just to surrender, let them take him, and -- but not this sort of full on cooperation that would crush any odds of a pardon. i think it's to lay down his hand and let the sentences come. >> let me -- >> cooperate just to plead? is that what you're saying? >> yeah. he's just -- >> cutting his losses, essentially. >> the cost of trial. it's enormous. my best guess. >> nancy, we have jerome coresy. he's a conspiracy theorist. he doesn't show up to a subpoena today. he's now the second associate of roger stone who has done it. andrew miller is another one. and another one balked at showing up. what does a judge do when someone like that says screw your subpoena? >> the government comes to the judge who is supervising the grand jury and asked for a con settlement finding and an arrest warrant. that's what they would do. in other words, that's not even a close question. >> and you think they will -- >> you don't say never mind. >> they'll do that here? >> i don't think there's any question about whether they would do that. >> so that's interesting. >> harry, wouldn't the government go for that? >> you know, i see your point. it depends. >> civil disobedience. >> it's super cheeky, but he's already been in touch with the lawyer. i can foresee scenarios where they say he'll be in tuesday where he thinks he has bigger fish to fry, but i've seen the government do exactly that. >> final question here on this idea that -- there was a question when michael cohen pleads, one of the things he pleads to is campaign finance violation. he says the president directed me to it and in the information provided with that plea there are two executives not named that knew about it. we understand one of them is allen wieslberg, who has been granted immunity by mueller for his testimony in the michael cohen case. today the idea that the soush district of new york is looking at the violations by trump organizationexecutives, you would tend to zero in on executive number two, and it's the smallest of people, most of them related to the president. >> yeah, and mueller knows. not just related to the president. the organization is related to the president. this really puts the screws to them in a serious way without having to deal with the authority questions of criminal liability. if between mueller and sdny and new york da and new york ad they're coming at the financial empire, possible civil rico charges, that's serious pressure even though it's not criminal. >> and that persists regardless of what happens to mueller. >> that's right. in parallel right now. that's part of the significance of that report today. it didn't end with michael cohen and sdmy is still on the case. got to make you think hard. great to have you both. >> thank you. >> thanks. >> for more on today's developments and the president's bad week, i'm joined by congressman ryan costello. i want to start with you can really play ball. i asked the best ballplayer in congress, you were in a lobbyist game, and you can genuinely hoop. >> that's very true. >> i like it. we'll play sometime. zblim ready for your questions. >> okay. first, michael cohen stood up in a federal courthouse a few weeks ago, and he said under oath, and there's reason the guy has credibility problems, he said under oath and prosecutors let him say the president of the united states directed him to bury information days before the election. does that trouble you that the president was accused in court of directing a felony? >> certainly. i think -- and most folks around the president from the reports that i've read indicate that what concerned them most is what michael cohen knows and might testify to much more than the russia issue. >> are you confident that the -- a sort of thorough look at the president's finances, his tax returns, would not yield any felonies or indictable offenses or crimes committed by the president? >> oh, i have no way of knowing one way or the other, but to be even more direct, i do have confidence that the prosecutors in the mueller investigation is going to unearth everything that there is to unearth, and so if there is any wrong doing, they will find it, and that's further more, why i think when folks get frustrated with congress, particularly republicans in congress, you need to do this, you need to do that. my response is that's what the mueller investigation and federal prosecutors are going right now, and they seem to be doing a very good job -- go ahead. >> no. please, finish your thought. >> they seem to be doing a robust job of finding truth and getting those who have committed wrong doing to cooperate so they can get to the bottom of everything that may have happened. >> but i think it's interesting you say that. there's two tracks people lodge that complaint against you and your colleagues. one is on the investigation. what they say more is it's bad to sabotage the investigation in a way that many people feel neen ez and others have done. so pull at the threads of doj to try to get information that may be made public that threaten the investigation. but the other thing people i think are saying are just about the president's general fitness. i mean, i want to play for you some reaction of your republican colleagues in the other house and the senate to the anonymous op ed describing the president as a fundamentally unfit. take a listen. >> there wasn't much new information there, but all of us have said for a long time we're glad there are people who are willing, particularly those publicly, like jeff sessions to push back. >> it's just so similar to what so many of us here from senior people around the white house three times a week. so it's really troubling, and yet, in a way, not surprising. >> this is what all of us have understood to be the situation from day one. i understand this is the case, and that's why i think all of us encourage the good people that are around the president to stay. >> was that your reaction? >> i think in large measure, sure. and i think the woodward book will enunciate that or embellish upon that further in terms of the fact that look, what the president does at rallies, the base love him when he does that. but my followup to that is everyone in america can watch that, and in these swing districts where folks are focussed on what you're saying and doing, they don't like that. now, we can talk about the political implications because i still think republicans have a very good chance of holding the house, but if you're asking me about my frustrations with what the president says and does and some of the character flaws, i'm there. i support what senator corker and -- >> i want to go one step further. it does seem to me if you have people close to the president inside the white house and in the senate who said he's fundamentally unfit, corker calling it an adult day care, but that unelected folks in the administration save us from his worst impulses, that seems democratically untenable. if he's unfit, he should be removed or people should listen to what he's doing. >> a couple things. corker took the shot with the adult day care thing. the op ed, i take issue with. the only thing i can guarantee from that anonymous op ed is whomever is going to be elected next will have an op ed. >> all right. congressman ryan costello who is a good basketball player, not particularly humble about it as we learned over the course of the interview. >> one last thing? >> yes, please. >> 3% wage increase growth year after year. that was the other thing that came out today that i think is good news. >> nonsoup vise ri low, but i agree. >> tight labor markets are good for everyone. appreciate you being here. for more on what that means i'm joined by ted lou. i'll ask you the same question i asked congressman costello. is it untenable that in the republican the party the president is unfit and we're going to go on anyway. >> absolutely. i think what this white house official has confirmed from the white house wa what we've seen from the outside which is that donald trump is unfit for president, but he can't go around and try to resist the president anonymously. he needs to be public, come forward, and then try to convince the american people. if he can't do that, he needs to resign. as a staff member, he was not elect, and he can't try to normalize the president. we need to see how crazy donald trump really is, and then have the voters make a decision. >> i want to ask you something that i asked harelipman previously in the segment. do you think, is your understanding of dog regulations such that they would not be able to bring an indictment against roger stone if that's what they were going to do within the 60 day window? >> i think special counsel mueller could bring the indictment if he wanted to. i don't think he will. i think he understands that you don't want to be seen as messing around with elections or trying to influence elections in any manner. he could certainly bring in indictments after. i do note, however, that rudy giuliani said that this investigation was going to end on september 1st. clearly it's not ending. they're interviewing more and more witnesses. this investigation is going to continue and there's no time line for when it ends. it's going to be based on the facts and the evidence. >> should the president be subpoenaed? >> if he does not going to special counsel mueller, he should, and he has the right to plead the fifth, but he doesn't have the right to ignore the request from the special counsel. >> don't you think if mueller has enough to go ahead with an indictment, isn't there some level in which american voters should know when they pick who is in power what is known or knowable about what the president or did not do? >> absolutely. you have a senior white house official trying to resist within the administration, but you have a come police it gop congress that's simply failing the constitutional duties to be an adequate check and balance on the presidency. and the 60 days voters across america have an ability to try to change that if they want to. >> there's a bunch of swing districts in california. a lot of them are around you. there's new polling coming about out there. do you think -- what do you see as a driver of voters out there in the swing districts close to your district in southern california? >> well, i think that donald trump is one driver. but also the fact that republicans have tried to sabotage health care, tried to take away preexisting conditions coverage from millions of americans. that has been weighing on people's minds, and then the breathtaking corruption in the last year and a half of the trump administration. you have multiple people indicted, convicted or have pled guilty and more people that are under investigation. so all these will be drivers in this election. >> your colleague in the california caucus, dunkin' hunter appears to have himself a race which tends to happen after you get indicted. good to have you. >> thank you. next a new entrant to the midterm fight. obama has a pointed rebuke of the republican party in what he says are dangerous times. barack obama in his own words in two minutes. ich is why esurance hired me, dennis quaid, as their spokesperson because apparently, i'm highly likable. see, they know it's confusing. i literally have no idea what i'm getting, dennis quaid. that's why they're making it simple, man in cafe. and more affordable. thank you, dennis quaid. you're welcome. that's a prop apple. i'd tell you more, but i only have 30 seconds. so here's a dramatic shot of their tagline so you'll remember it. esurance. it's surprisingly painless. you wouldn't accept an incomplete job from any one else. why accept it from your allergy pills? flonase sensimist relieves your worst symptoms, including nasal congestion, which most pills don't. it helps block six key inflammatory substances. most pills block one. flonase sensimist. they like to use the impeach word. but he didn't do anything wrong. it doesn't matter. we will impeach him. we will impeach. but i say how do you impeach somebody that's doing a great job that hasn't done anything wrong? they'll say we want to impeach him, and you'll impeach him. it's ridiculous, but we'll worry about that if it ever happens, but if it does happen, it's your fault because you didn't go out to vote. okay? you didn't go out to vote. >> the president was in montana last night riffing about impeachment hoping a republican red wave will spare him in novr. meanwhile, a stark contrast from democrats today. a former president just two years out of office inserted himself into a national midterm election. today in illinois barack obama delivered a speech that both served as a rebuke to the past two years of republican control of government and a call of arms to voters. >> it did not start with donald trump. he is a symptom, not the cause. he's just capitalizing on resentments that politicians have been fanning for years. a fear and anger that's rooted in our past but is also born out of the enormous upheavals that have taken place in your brief lifetimes. in a healthy democracy, there's some checks and balances on this kind of behavior, this kind of inconsistency. but right now there's nothing. republicans who know better in congress and they're there, they're quoted saying yeah, we know this is kind of crazy are still bending over backwards to shield this behavior from scrutiny or accountability or consequence. seem unwilling to find the backbone to safeguard the institutions that make our democracy work. it shouldn't be democratic or republican to say that we don't threaten the freedom of the prez because they say things or publish stories we don't like. i complained plenty about fox news. but you never heard me threat ton shut them down. or call them enemies of the people. it shouldn't be democratic or republican to say we don't target certain groups of people based on what they look like or how they pray. we are americans. we're supposed to stand up to bullies. not follow them. we're supposed to stand up to discrimination. and we're sure as heck supposed to stand up clearly and unequivocally to nazi simp th e sympathizers. how hard can that be? saying that nazis are bad? this is not normal. these are extraordinary times. and they're dangerous times. but here's the good news. in two months we had the chance, not the certainty but the chance to restore some semblance of sanity to our politics. so if you don't like what's going on right now, and you shouldn't, do not complain. don't hash tag. don't get anxious. don't retreat. don't binge on whatever it is you're bingeing on. don't lose yourself in ironic detachment. don't put your head in the sand. don't boo. vote. vote. >> we have 60 days before the midterms. are democrats doing enough to regain control of part of the federal government? how are they getting people out to vote in we'll talk about that with the chair of the democratic party next. where are we taking him? i have no clue. we're just tv doctors. if this was a real emergency, i'd be freaking out. but thanks to cigna, we can do more than just look heroic. we can help save lives by getting you to a real doctor for a check-up. nurse, this thing's defective. please don't touch that. we are the tv doctors of america. together with cigna reminding you... to go, know, and take control of your health. doctor poses! cigna. together, all the way. ahoy! gotcha! nooooo... noooooo... quick, the quicker picker upper! bounty picks up messes quicker and is 2x more absorbent. bounty, the quicker picker upper. with my bladder leakage, the products i've tried just didn't fit right. they were very saggy. it's getting in the way of our camping trips. but with new sizes, depend fit-flex is made for me. introducing more sizes for better comfort. new depend fit-flex underwear is guaranteed to be your best fit. then you might have a dcondition called dry mouth.? 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do you have them modelled? do you know how to turn them out? >> the short answer is yes. we have identified 25 million voters in that category. we are leaving no voter behind. connor lamb won in pennsylvania because the so-called reagan-democrats came home. those were obama/trump voters. we were fighting for health care and the right to organize and good pension. i believe we can bring those voters home when we organize them. your articles and i am familiar with that talked about became stay home voters. they are younger and more diverse. look at the organizing across america. in alabama, we had organizers on college campuses. that is lightning in a bottle. we're talking to young people and most importantly we are talking about the issues people care about. talking about the exorbitant cost of prescription drugs. talking about if you have a preexisting coverage that you can -- preexisting condition that you can get health care coverage. we are talking about the fact that corporate profits are soaring and paychecks are flat. talking about college affordability, women's reproductive health. saving not only our economy, but our democracy. and that is resonating with people. >> let me ask you a campaign question. have things changed about allocating money between organizing, television and digital? many people think there's lots of lost opportunities in 2016 in that way. is it being deployed differently. >> we spend $0 on television. made a conscious decision early on. i want to make investments that pay dividends today and dividends tomorrow. we purchased 94 million cell phone numbers in florida for instance 6.2 million cell phone numbers that we gave to the florida democratic party. that helps them today. that helps candidates tomorrow. our investments and organizers. i believe the two most important days this year are november the 6th which is the vote of our lifetime and then november 7th. we want to take the organizers we put on the ground and deploy them for 2020. if you compare the organizing footprint that has been in place for months in wisconsin. with the organized footprint in place 2014, it is night and day. the head of the party there, it's one, but it's not the only example. that's what we've been doing everywhere, ohio and elsewhere. you see the organizing footprint. building meaningful relationships. in the old days we showed up and asked for their vote. that's transactional politics. we are building relationships. and that is why to get back to your question which is an important one, we are investing and organizing. investing and making sure we build that organizing infrastructure. the technology infrastructure. you can't door knock in rural america. that is why we invested in digital organizing, in indiana, georgia, montana. and investing in a permanent voter protection. it recognizes voter suppression is a permanent play book on the republican side. understanding we have to build a permane permanent millennial engagement infrastructure. young people are the biggest voting block. >> they are a huge chunk of the marginal group. it will be a key to see how it turns out. thank you for joining us. >> 60 days until the weekend. vote. >> still to come, is brett kavanaugh's confirmation a done deal? 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(burke) seen it, covered it. we know a thing or two because we've seen a thing or two. ♪ we are farmers. bum-pa-dum, bum-bum-bum-bum ♪ >> i would agree with that. >> here to help me understand what's at stake, the law professor who testified today against confirming kavanaugh and barbara boxer from california. let me start with you, melissa. you were there on the hill today. this was the end. hearing part. your area of scholarship about reproductive rights and you were there to say what about his record? >> i was there to work on the idea that simply saying that you believe roe is a settled precedent is enough to believe that that you will be a jurist that will uphold rights for millions of ordinary american women. in my testimony i said that do you know a lot to undermine roe versus wade without ever saying that you're overruling it and all of his record says he will do that. >> there is of course his record on that and this e-mail where he says that i'm not sure that all legal scholars refer to roe as the settled law of the land as the supreme court level. no one ever says in it front of the hearing. >> not quite a smoking gun. maybe a smoking arrow. what's really meaningful about that e-mail is he identifies the three justice s who are already there. among them is john roberts, his hero, self-described. and he said the same thing, roe is the settled law of the land. in 2016 he voted to uphold the texas restrictions on a woman's health. >> the reason i want to talk to you, because of your testimony, and senator boxer was this. when people think, what is the strategy? if there is a way to stop kavanaugh, there are two women in the republican caucus that are ostensibly pro abortion rights, what do you think? you know those women. what do you think about that strategy? >> well, i think it is a good strategy. i watched every minute of these hearings as it pertained to roe. i think it is clear that kavanaugh is hostile to roe and yes, because of the secret e-mails that were made public because of cory booker and her ohno, no, he's not quite sure it is settled law. his point of view in the garza case was outrageous. not to mention this young woman who was 15 weeks pregnant. had gone through entire texas system and he tried on hold up her abortion? that is hostile to women. by the way, he showed he is loss toil birth control. >> you know this. melissa knows this. do susan collins is that lisa murkowski, they say that they support abortion rights. they say they support access to birth control. they have to know what they're looking at. you worked with them. what do you think works on them? >> well, they're very diligent and i know my colleagues in the senate on both sides of the aisle. and that i know lisa murkowski and sue collins have a lot of friends on both sides. and that i know the democratic women of the senate are sending them the very portions of the testimony that the two of us talked about tonight. if i'm them, i have to say if you're pro-choice, you vote no on this guy. not only because trump picked him because he wants to overturn roe but because of the way he responded when he was in front of the judiciary committee. >> the senator just mentioned this. the two likely votes. it is hard to see any other votes on the republican side. you need two. the president did something he has never done. he said i will appoint justices to overturn roe. that hasn't happened before. >> there's so much about these hearings that are highly irregular. you had the president say he intended to appoint pro-life judges. we've already seen judge gorsuch on the bench and now we have judge kavanaugh who has an opinion where he denies a young woman who has completed all the requirements by the state of texas to get an abortion and he blocks her from doing it. it is clear. i'm from the south. they tell you, believe someone when they show you who you are. i believe him. he's shown us. >> so senator, there will be a week. what is happening behind the scenes? >> well, right now, i can tell you that staff to staff, the staff of the democratic members who are pro-choice all of them, they're sitting down with them. they're showing them the record.