on the stand? plus, after yesterday s horrific shooting in nashville, tennessee, renewed calls for gun safety legislation while kevin mccarthy is not saying a word. so how can we get anything done? the 11th hour gets under way on this tuesday night. good evening once again. i m stephanie ruhle coming to you live from our nation s capital, where former president trump s number two has lost his bid to testify under oath. a federal judge has now ordered former vp mike pence to appear before the grand jury investigating january 6th. pence, of course, has been fighting special counsel jack smith s subpoena. he argued his role as president of the senate shielded him from testimony. but the judge said he can be questioned about alleged illegality on trump s part. tonight, pence hinted this thing ain t over. i have nothing to hide. i have a constitution to uphold. i upheld the constitution on january 6th. i believe we did our duty that day under the constitution of the unite
good day to all good day to all of you from msnbc world headquarters here in new york. welcome to alex witt reports. we begin with the fallout from the first presidential debate. the atlanta journal editors board now calling on president biden two, quote, pass the torch, while the philadelphia inquirer■ç editorial board says trump should leave the race. today, president biden is at camp david for some previously scheduled family time. nbc news is reporting the future of his election campaign will be a new item of discussion on the family agenda. surrogates for both candidates debating the performance of both debaters. you also have to look at what donald trump was able to do. he showed commands of the facts. he was funny, he was engaging, he was pushing back a little bit, but he was doing it with a good-natured demeanor. donald trump lied the entire 90 minutes. one analysis said that he told about 30 lies. i am not real good at math, that i think that s about a lie eve
It could just be, we want to hear about what happened before january 6th. the sixth, that s the whole thing. right. so this is a good point. we ll have to see the precise language in the judge s order before we know that for certain. but from the reporting, it doesn t sound like it s that broad. it sounds, for instance, like the judge has clearly said that pence has to testify about anything that would involve criminality by the former president. now, that s a line drawing exercise and pence might want to supplant the judgment of the court with his judgment about what s criminal, which is why i say there might be a little bit of wrangling left. but ultimately, witnesses can only try a court s patience so far. i ve seen situations where judges become frustrated with the litigant who wants to avoid testifying and they will ultimately ride herd on them and make sure that the prosecution
Really cautious about that, if we aren t prepared to prove our case beyond a reasonable doubt in court, we have no business making allegations against american citizens. and mark warner, the top democrat on the senate intelligence committee, the vice chairman, he just tweeted this, yes, the mueller investigation s records, particularly those concerning conduct by the president, are a matter of national interest and must be made available to congress when the special counsel files his report. he follows the lead of adam schiff who basically is saying the same thing. you don t want transparency, well, we re going to demand it. what i think you see rod rosenstein articulating there is this line drawing exercise that is certainly the new attorney general bill barr is going to have to figure out where exactly do i come down here? on the one hand, the public is demanding transparency. justice department policy doesn t provide that we just fork over everything to capitol hill. and certa