On tuesday night and that we continue to see today. More of them today. And the victories are now moving up into where the exit polls were actually projecting them on tuesday for democrats. The exit polls were saying they were going to take at least 30 seats, maybe more. They have now taken 30, and they may be taking more. And so Michael Moore is one of those people whos not looking at it with any kind of disappointment at all on what happened tuesday. No. And the way this is we should have known this. I think in some ways we did know this on tuesday night when the democrats were targeting so many seats in california, and we know that it takes a month to count in california. Democrats are over 30 seats flipped right now. They may get up to 35, 36, 37 very quickly. At least i was focused on california in case those california seats were the difference in terms of who controlled the house. But thats not where theyre coming in. Theyre coming in terms of how big the democratic margin is going to be. It looks like its very close to what people were saying was going to be a very strong democratic wave. And these kinds of numbers used to be called a wave, but it seems that the anticipation about the democrats possibly pulling off some miraculous wins in places like georgia and texas adjusted the way people saw this. But we have never, ever been waiting for results in georgia or texas to decide whether its a democratic wave. And not to mention the fact that georgia that georgia fight is still on. And the florida fight is still on. Exactly. Both for the governors race and the senate race. Stuff is going nuts right now in florida. Were just talking about what portion of my staff were going to send to Broward County in the morning at this point because of how hot it is there right now. We do have breaking news tonight and that is that the election is not over. We have serious breaking news. Democrats are continuing to win. There are 11 seats in the house of representatives that do not yet have a winner. Thats after four races were decided today and three of those were won by democrats today including lucy mcbragt in georgia who first appeared in 2012 when she was tragically sharing the loss of her teenage son jordan who was murdered by a white man in florida who decided that the music coming from the car where jordan and his black friends were was just too loud. And thats why her son was killed. Lucy mcbeth won the georgia Congressional District that was held by Republican House speaker Newt Gingrich and has been solidly republican today. She owes her victory in part to the voters for democrats statewide excitement, about supporting Stacey Abrams in the georgia governors race, which is one of the elections in which we still do not have an official winner. Two other Democratic Women were declared winners of house seats today. Kim won the eight Congressional District in washington, a district which republicans have never lost until today. 30yearold katie hill will be one of the youngest members of the house now that she has won californias 20th Congressional District in northern los angeles county. And theres breaking news tonight in the Undecided Senate race in arizona, as rachel said, for the republican seat that is currently occupied by the retiring jeff flake. Democrat Kristen Sinema now has taken the lead. At this hour she has more than a 9,000 vote lead with 83 of precincts reporting and the undecided Florida Senate race continues to titan. Republican rick scott now leads Democrat Bill nelson by less than 16,000 votes. That margin is narrow enough to require a recount under florida law. Democrats currently have a net gain of 30 seats in the house of representatives. That number could continue to grow. 30 seats is exactly exactly what the democrats won in the house of representatives in 2006 in what was then reported as a wave election for democrats. 101 women have won house seats. The democrats picked up seven governorships. The republicans picked up one governorship. According to the New York Times 317 house districts swung to the left as compared to the 2016 election. The average district nation would moved 10 Percentage Points to the left this year. And districts where republicans won were caught in that movement to the left as well. 171 of the districts that republicans won moved to the left in the vote count this year. 18yearold david hawk who became politically active after a mass murderer killed 17 people at his high school in parkland, florida, this year voted for the first time in his life in this election. Not all of the candidates that he supported won, and yesterday david said this is the start, its going to be a long road. It is a call to action. Leading off our discussion now, Michael Moore, Academy Award winning documentary filmmaker. Michael, thank you very much for joining us tonight. And i want to get your reaction to what weve seen so far in this election. Because counting the votes is continuing. It is an amazing victory. And i am not one to come on this show with a lot of optimism, as you know from the past. Nobody should miss the point, all the points you just made were right on. Especially the point that this victory on tuesday was larger than the tea Party Victory in 2010. Larger than the huge wave where the democrats took over congress in 2006. It cant be stated enough or strongly enough just how over the top awesome this victory was on tuesday. And what you just pointed out i think is so important. Not just the victory in terms of number of seats, not just the fact that millions more americans voted for democrats as opposed to republicans. Millions more, okay, the socalled popular vote which we already know we are the majority because we won by 3 million two years ago, but this was huge. But also what you just said, how the 317 districts that moved further to the left, 117 districts that republicans actually won but the number of people who came out and voted for the democrat, especially the progressive democrat, that moved. It all moved. This is the new america that youve got on your screen right now. That is the america that we live in. And where it gets really i think confusing for some people when we put up the map and we show the big red swaths of red across the country, it has a weird and wrong impact on people because it makes it look like the countrys so red. But people dont live in those large desert and mountain and prairie areas. I mean people live there, but spall, small numbers of people live there. Each Congressional District is the same exact number of votes. Roughly 775,000 each. If there was a way to do the math where we actually built the map and showed by population how large this area of the country is or this area is by population you would see the bluest of blue youd need sunglasses, there would be so much blue on the screen on the map. If we actually showed the map by the size of its population, not the size of how many acres the state has. So this was an election this was and people are like oh, they have to set it, and thats because thats not a democratic election. True democracy doesnt mean that delaware gets the same number of votes in the senate as california with 40 Million People who live there. If we were a true democracy the senate would be proportional to the actual numbers of the country. So we have to fix that. Weave to get rid of the electoral college. We need to have Preferential Voting sm voting systems where you get your first choice, your second choice. Thats to come. This was a huge first step. Its one down, two to go. The next one to go before the senate is probably going to be the white house. And that may happen within these two years depending on what happens in congress. How far those votes in the senate remember five six, republicans would have to have what john kennedy called a profile in courage, a moment of conscience if it comes to a point where the Mueller Investigation or the investigation the house committees are going to do in terms of showing just how badly trump has violated the law, how much will republicans be able to tolerate their president being a lawbreaker, being a criminal . Well find out. But i think this is very exciting time for us. And everybody just the shots youve been showing all night on msnbc of these protests in the street, all in america, happened 5 00 p. M. Local time all over the place, im getting reports from people in the smallest of towns where theres 100 people there. And theres only 1,000 people in the town. So its this is going to have to continue, though. Were going to have to be in the streets a lot, im afraid, because trump believes hes going to get away with what he thinks hes getting away with now in the Justice Department with matt whitaker. So thats my take. Michael, to that point imagine a world today in which the democrats had not won the house of representatives. They came up one shy or whatever it was and they did not win the house of representatives, the current what some are calling the fake attorney general because this title of acting attorney general many legal scholars saying hes been illegally installed there, this is an unconstitutional appointment, so i am reluctant to even give him the title. He has the office, but i dont know what title he really has. Imagine that person is sitting in the Justice Department tonight in what was going to be a republican controlled house of representatives instead of what hes living with which is the knowledge that come january they can pull him into the Judiciary Committee at the house of representatives, put him under oath and make him answer every question about what he said to donald trump before he was appointed and what donald trump said to him. And those questions will be asked under oath, and that was not going to happen without that win tuesday night. Youre absolutely youre so right to say that. Imagine if we hadnt won on tuesday night, first of all i think there are so many people anticipating that possibility after what happened in 2016. I heard that pharmaceutical companies were actually developing an antidepressant just for democrats. A democratic antidepressant. But fortunately they dont need that now. They can go back to the lattes and cappuccinos. We already had a constitutional crisis with trumps behavior prior to the election. We now have a constitutional crisis within the constitutional crisis. We now have a state of emergency within the state of emergency. This has gotten very dangerous. And, you know, its you know, we havent even touched on what happened in Thousand Oaks today with the people that were kill we live in a country now where an american can go into a bar and kill 12 people, go into a synagogue and kill 11 people, go into a kroger and kill black people. All of us have to be up and active, we have to be on guard. And ruth bader ginsburg, if youre recovering tonight and watching this, seriously i would do anything for you, i would literally donate a rib for you. Although my ribs might take up your whole body, but im just saying weve got a lot of things in front of us here, a lot on our plate, lawrence. But the people are going to be heard and theyre not going away just because they won on tuesday night. Michael moore, thank you very much for joining us tonight, starting us off tonight, really appreciate it. Thank you, lawrence. Coming up, Steve Kornacki will join us because it is still Election Night in america. Were still counting votes and were going to have the latest on the Arizona Senate race where the democratic candidate Kirsten Sinema has taken the lead. And the governor races in florida which continue to tighten. But first there is a coupe at the Justice Department according to some legal scholars who believe Donald Trumps appointment of the socalled acting attorney general is illegal and unconstitutional. Illegal and unconstitutional while you dwell within it you are ever happy there daddy, its christmas childhoods, joyland never let go of your dreams. The mercedesbenz winter event is back. Lease the glc 300 for 459 a month at your local mercedesbenz dealer. Mercedesbenz. The best or nothing. You want relief fast. 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At comcast, its my job to develop, apps and tools that simplify your experience. My name is mike, im in Product Development at comcast. Were working to make things simple, easy and awesome. Tonight we have a coup at the department of justice. President trump has dumped an attorney general who was confirm bide the United States senate and illegally replaced him. Thats according to several legal scholars analyzing the president s actions. In the New York Times former acting solicitorgeneral in the Obama Administration neil, coauthored an oped piece with attorney George Conway who happens to be Kellyanne Conways husband. They say mr. Trumps installation of Matthew Whitaker as acting attorney general of the United States after forcing the resignation of Jeff Sessions is unconstitutional. Its illegal, and it means that anything mr. Whitaker does or tries to do in that position is invalid. There are three points of law relevant to this situation. First and most important is the constitution of the United States that says principle officers of the government, cabinet members their meaning, must be confirm bide the United States senate. But the federal vacancies reform act says the president can fill a vacancy in the department with a senior official in that department who has served more than 90 days in that department. But that law does not take precedent over another law which specifically describes how a vacancy in the office of attorney general should be filled within the Justice Department. That law requires that Deputy Attorney general, in this case Rod Rosenstein become the acting attorney general, and that is one of the many reasons why we have never had an acting attorney general who has not been confirmed by the United States senate to a role such as Deputy Attorney general or solicitorgeneral or associate attorney general. All of whom are specified in the law that determines the order of succession to temporarily film a vacancy by a departing attorney general. It can immediately corrupt and jeopardize virtually all of the actions of the department of justice. Heres how neil explained that point earlier tonight to chris hayes. Every litigant in this country facing the Justice Department can make these arguments and say, hey, youre trying to put me in jail, Justice Department, you dont have the authority. You have a fake attorney general. Joining the discussion now the professor at law, and the former Deputy Assistant attorney general. Lisa graves, you have worked on the confirmation process for attorneys general. Your reaction tonight to someone being installed as an acting attorney general who is not coming from a position that was confirmed by the United States senate like a Deputy Attorney general or a solicitorgeneral. Well, this is rule e really a coup at the Justice Department orchestrated by trump. Its a premeditated assault on the law. To try to shutdown this lawful, legitimate and very Serious Investigation which has netted significant criminal prosecution, criminal convictions already. And i think when you look at someone like whitaker what you see is someone who has a cloud over him already. Hes someone whos expressed opinions, attacking the independent counsel, attacking special counsel and the investigation. Hes someone who worked for a Dark Money Group and someone who