Offers from either side since. In a few minutes, well be talking with congresswoman Pramila Jayapal and what theyll do about trumps actions at the border at large, an issue on which jayapal has become a leading progressive voice. They have an ambitious agenda planned, including getting the government operating again, introducing new anticorruption and Voting Rights legislation, and jumpstarting investigations into the Trump Administration the republicans have not been all that interested in when they were in charge. But one thing democrats did not expect to have to deal with on day one is a house seat that is still contested because of an election marred by alleged fraud. Its a situation for which there is no clear playbook, and today we got confirmation that the house will not have its full compliment of 435 members when the new congress is sworn in. It will only have 434. Now youve likely heard something by now about the craziness in North Carolinas 9th Congressional District. Its a race that had been called for the republican, a race in which the democrat in fact conceded the day after the election. Republican mark harris had defeated the gop incumbent in the primary and then went on to win the general election by 905 votes over the democrat, dan mccready. A week later harris tweeted out this photo from the capitol, the incoming congressional class. There he is towards the back, looking all happy. It seemed like a done deal. But when it came time for the North Carolina state board of elections to certify the results of that race, it voted unanimously not to certify North Carolinas district 9. The ninemember state board made up of four democrats, four republicans and one unaffiliated member, they all voted not to certify this race, which was a surprise to pretty much everybody. And the reason they refused to certify it was the apparent tomfoolery that went on with the absentee mailin ballots in the race in one county in particular, with an unusually high number of absentee ballots being requested and an unusually High Percentage of those ballots never being returned. And of those that were returned, an unusually high number of those going for mark harris, the republican. The North CarolinaDemocratic Party submitted to the state elections board several affidavits from black voters in that county, many of them elderly, saying that people came to their homes and collected their absentee ballots, in some cases offering to fill out the ballots for them. For instance, one woman swore in her affidavit that a woman came to her house saying she was collecting peoples absentee ballots in the area. Quote, i filled out two names on the ballot for sheriff and for board of education. She stated the others were not important. I gave her the ballot, and she said she would finish it herself. I signed the ballot and she left. It was not sealed up at the time. The guy allegedly at the center of these shenanigans is named mcrae dallas. He was personally hired by republican candidate mark harris. Whats amazing is that dowless was at the center of a mailin ballot keep in 2016. He even got on this American Life about it. State Elections Officials even referred mcrae dowless and his ballot scam to federal prosecutors after the 2016 election, but it doesnt appear anything ever came of it. And as all of this began to come out after last months election, what had looked like a razorthin victory for an upstart republican in North Carolinas 9th district has become a giant mess, going all the way back to the primary. People also started raising questions about mark harris narrow victory there. So the North Carolina elections board opened an investigation. That board has the power to order a new election if they decide thats whats needed. And the board ultimately scheduled a public hearing on the allegations for january 11th. But heres the thing about the North Carolina board of elections. When North Carolina voters ousted the states republican governor in 2016 and elected a democrat, roy cooper, the Republican Legislature pulled a surprise move to try and strip the Incoming Democratic governor of his powers. Its a play being tried by republicans in other states where democrats won statewide this year. But North Carolina republicans were kind of the pioneers this strategy back in 2016. Democrat gets elected governor . Take away power from the governors office. In one place republicans took away his power is elections that coop worry have less control over than his predecessor. Ever since they did that at the end of 2016, cooper and the legislature have been battling in court over whether that new gopcreated elections board is constitutional. And the upshot of this court battle over republicans democracy defying power grab two years ago is just now, today a Court Ordered the state elections board dissolved. So right in the middle of this investigation into this still up in the air congressional race, less than a week before the new congress convenes in washington, as of noon today, there is no more North Carolina state board of elections. And as that board goes up in smoke, the position of mark harris and the North CarolinaRepublican Party appears to have solidified into outright opposition to any further investigation. Even though earlier this month they were expressing concern about fraud and saying they were open to new election, today North Carolina republicans are demanding that mark harris be seated in the new Congress Next week, saying that he was duly elected, and that there will never be a new election. Well, Governor Cooper announced today he will appoint an interim board of elections to continue the 9th district investigations, republicans said that they would refuse to participate. Which prompted cooper to send this letter to the chair of the state Republican Party today saying basically, you cant tell me what to do. Quote, the governors lawyer writes the governor will not be impeded from exercising his duties under the constitution to take care that the laws are faithfully executed. The governor will also not permit your obstructionist tactics to stall an ongoing investigation. One is compelled to conclude that you are withholding your nominations and encouraging people not to serve, solely for the purpose of impeding and obstructing the 9th Congressional District investigation, end quote. Maybe they were hoping if they created enough chaos and got the elections stopped and doubled down on their candidate, then seating mark harris would seem like a forgone, inevitable conclusion. Well, that is not whats happening. If mr. Harris is not certified as the duly, fairly, legally elected member, we would certainly oppose his seating. As i understand it, that verification has not come. In fact, Republican Leaders in North Carolina have said that there is substantial questioning as to the validity of the outcome of the general election. Thats in court now, as you know. Right. Well see what the court does, but it is clear, apparently from all sides, that there was fraud committed by certain participants in administration of the election. Under those circumstances, we ought to have a new election for the general election, not the primary. The primary was not contested, but for the general election. That was steny hoyer of maryland, who will be the majority leader in the house in just a few days, confirming that congress will not seat mark harris when the new congress convenes, which means the Incoming Freshman class in congress will be one member short. He was so close. Joining us now is michael bitser, a professor at catawba college, a preempt expert on how things work in North Carolina. Professor bitser, thanks for joining us tonight. Its my pleasure. Thank you. So lets go back and lets start with what is the prevailing Legal Framework here. Is there is a provision in North Carolina state law that would set the parameters for and the conditions where you would have to have a new election . Well, we do have a general statute that did lay out the process by which a state board of elections could decide to call a new election. There were four criteria, and everybody was looking at the fourth criteria, regarding the number of irregularities that potentially could taint the election outcome. Didnt say anything necessarily about whether the irregularities would overturn the previous decision and the votes in the majority, but now were kind of operating in legal nomans land. Some would argue that the governors power to fill vacancies does exist and that he would be able to create this interim state board of elections that would carry on until january 31st when the new board, which was voted yesterday by an override of his veto would go into effect. Republicans in the legislature contend there is no state board of elections because the previous law, the statute, was struck down as unconstitutional. So were kind of in uncharted legal territory. Both sides are going to be making their arguments, and i think were just going to have to watch and see what the dominoes are in terms of does the governor go ahead and appoint five new members, and how do the republicans react . If Governor Cooper just went ahead and made the appointment, what could republicans do about it . If theyre refusing to participate in the board, and the governor says well, im going to use my executive authority to see that the laws are faithfully executed, what could republicans in the Legislature Even do about it . Well, thats a good question. I dont think we quite know. There have been threats of lawsuits filed. This whole fiasco has been legally bound. The courts have been interjected into this process. So i would not be surprised if we didnt end up before another threejudge panel in regards to a potential interim board. The legislature can always come back into session and try and, you know, establish an interim board or some kind of contingency before the official board takes control at the end of january. Again, were just kind of waiting to see who plays the next part in this game and how does everybody respond. Another actor in all this, as youve mentioned, is the u. S. House of representatives. They may ultimately have the final say in all of this. Right. And so lets talk about that for a moment. Its already been made clear by steny hoyer, the incoming majority member, theyre not going to seat harris. Thats not going to happen. So what would happen . Could the congress order its own investigation and then lets say they find there was elect fraud, then what . Well, then you have basically a twotier process going on. Weve got an investigation going on, and we think were going to have a hearing on january 11th. Thats open for discussion and debate because we dont technically have from some points of view a state board of elections to oversee that hearing. The u. S. House, through the House Administration committee, could conceivably start their own investigation, seek the records, seek the documents that the state board has already gathered through its professional staff and hold their own hearings and inquiry into it. Now, representative steny hoyer did indicate that he would only go for a general election, but the state statute here in North Carolina says filling a vacancy for a u. S. House election would require a new primary as well. And thats a battle line that you see both democrats and republicans arguing over as well. So there are so many moving parts and layers to this that i dont think we quite legally know where things are going to play out until more movement is done by somebody at some point. Wow. I think this technically qualifies as a hot mess. Michael bitzer, professor and leading analyst for this fascinating North Carolina store hot mess. Thank you very much. Appreciate your time. My pleasure. Thank you. And still ahead, a new year does not always mean a fresh start. More on that ahead. Stay with us. Urance, and as a fitness junkie, i customize everything. Like my bike and my calves. Liberty mutual customizes your Car Insurance so you only pay for what you need. Liberty. Liberty. Liberty. Liberty. Im ray and i quit smoking with chantix. Smoking. It dictates your day. I didnt like something having control over me. I wanted to stop. The thing is i didnt know how. Chantix, along with support, helps you quit smoking. Chantix reduced my urge to smoke to the point that i could quit. When you try to quit smoking, with or without chantix, you may have nicotine withdrawal symptoms. Some people had changes in behavior or thinking, aggression, hostility, agitation, depressed mood, or suicidal thoughts or actions with chantix. 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After the death of 7yearold jakelin caal while in custody this month, Kirstjen Nielsen promised that migrant Detention Centers would take good care of the people being held in them. Initial reports say jakelin caal died of exhaustion and dehydration while in custody. Border protection saying she had not had water for food for days before crossing into the u. S. Jakelins father had firmly disputed that claim. We still do not know what happened to her. Her body arrived for burial in her home country of guatemala on christmas eve. That same day another child died in the care of u. S. Customs and border protection. He was 8 years old. His name was felipe gomezalonso. In the timeline in the hours leading up to felipes death, Border Patrol said he was treated for a cold hours before he died in a new mexico hospital. According to a Statement Last night from the medical Investigators Office in new mexico, the boy didnt just have a cold, he had the flu when he died. This has been a morally wrenching year for american border policy with family separations and attempts to limit asylum applications. The specter of something called denaturalization. This month the deaths of two children while in the custody of the u. S. Meanwhile, in official washington, today marked day seven of a shutdown that now appears certain to continue into the new year. Republicans insist the shutdown, which to be clear, they could end any time they wanted to since they still control the entire federal government until january is overDonald Trumps demand that american taxpayers pony up to fund the border wall that he promised his supporters on the campaign trail, telling them mexico would pay for it. But the question for the country may be larger than the corner that donald trump has backed himself and his party into on the idea of a southern border wall. In a very personal essay bliesh published this month, Pramila Jayapal argue writes, quote, imagine a country with immigration laws that actually work. We would know who was in the country, and they would not be hiding in the shadows. Theyd be getting to know their neighbors, investing in houses and cars and becoming quintessential americans. In our countrys history, immigration has never been just about policy. It has always been who we are and what we are willing to stand up for. Joining us now is congresswoman Pramila Jayapal, on the immigration and Border Security for the house subkea. Congresswoman jayapal, thanks for being here. Thanks, joy. I first want to commend you on the piece you wrote. It was very compelling. You start with a story about your own family sending you to this country from india at 16 years of age. You sort of tell that personal story to walk people through what most people should know about what immigration means to the country. When you talk to people in your district about this issue, is that still the place from which people discuss immigration, where you were, about the personal family connections . Well, i think the thing is that everybody does want to be reminded of and often does remember wha