Skip to main content

tv   The Last Word With Lawrence O Donnell  MSNBC  April 26, 2021 10:00pm-11:00pm PDT

10:00 pm
talk about how seats those additional house seats that texas is going to get and how they that we are might try to republicans might try to gerrymander those. gonna get. how they might try and also, of course, what the new to york times is calling the most gerrymander those. also of course, with the new york times is calling the most restrictive restrictive voter laws in the voter laws in the country now being pushed country now being pushed through the legislation texas legislature, but all workers fighting that. fighting that he'll be joining us to discuss that. but rachel, before you go, i gotta tell you about funny thing happened to me on the way to the tv show today. you know, you know how hard it is these days for a--the author of a scholarly book to get on a show like this, because we have so much breaking news and so many difficult other things of the day that we have to cover. >> well, yeah. >> i had a guest booked today to be a preview guest for the biden address wednesday night. >> okay. >> but but it was one of those things in this i'm sure happens. i'm not sure whether your booker's even tell you this. but you know, every once in a while the deal will be, can you just ask one question about the book? like just one question about the book, like maybe at the end
10:01 pm
of the interview? and, and i said, yeah, maybe thinking i probably wouldn't. and then i got my hands on the book. and now i just want to do the whole hour on the book. and it is it's gonna get an award tonight on this show, an award i'm inventing tonight, which is the the moynahan book award. and that is the award for the most scholarly book, written this year by the united states senator. >> nice! >> and i'm, i'm giving that award in april. i don't care i'm giving it i'm giving it tonight. because and i'm hiding. i'm hiding the author's name, rachel, but i want to show you it couldn't have a more boring title. >> i know what book that is. >> yeah. >> yeah. >> but you just couldn't have a more boring title, anti trust. i, i hesitate to even say it because it'll scare off viewers. but this book is is getting the award for most scholarly book by united states senator and i cannot wait to talk about it with my mystery guest.
10:02 pm
>> and your mystery--i know that book. and i know that thesis and i know who the senator is. and that the the, the the story of why that senator has these strong feelings and that level of scholarly depth about that topic is fascinating. >> so yeah, rachel, it has and you will love this, 205, i counted them, 205 pages of footnotes, which is a record. it is a record for footnotes in a scholarly work by united states. >> yeah, if that senate career does not end in the white house, which is one very significant possibility for that, senator, there is a professorship waiting for that, senator, whenever that senator wants one for sure. look at me i'm helping you keep it secret. >> you're doing great. thank you, rachel. >> thank you, lawrence. >> thank you. well, when president joe biden does address the nation wednesday night, in a joint session of congress, he will be the first president of the
10:03 pm
united states to have two women sitting behind him vice president of the united states, kamala harris and the speaker of the house of representatives nancy pelosi. when the president addresses the nation on wednesday, at the end of the 99th day of his presidency, he will have the approval of a solid majority of americans something that the previous president never had. joe biden is running 13 points ahead of the previous president and the latest nbc poll that shows joe biden's approval rating 13 points higher than the previous presidents approval rating at this exact point four years ago. the trouble for republicans is that the most popular person in their party is the person who lost the presidential election to joe biden. and that means republicans now believe they simply cannot win. republicans believe they cannot win presidential elections if those elections are held fairly. and so instead of trying to counter joe biden's popular policies with their own policies, republicans are now lying about biden policies. for example, republicans are now claiming that joe biden wants to ban the consumption of meat, which is a complete and
10:04 pm
total lie. republicans find it easier to tell that lie. instead of arguing against policies like say the increase in the corporate tax rate that joe biden will describe wednesday night as part of his infrastructure package, which now has the support of 68% of americans. cnbc reports. the stock market is performing the best it has during the first 100 days of a presidency. going back to at least the 1950s and the dwight eisenhower administration. but you don't hear joe biden mentioning that stock market stuff the way the previous president would because the
10:05 pm
previous president was actually our only president, who firmly believed that the stock market was an accurate measure of good government. republicans no longer believe that they can win elections by turning out voters. and so now, they are attempting to turn away voters. texas is one of the winter states in the census data released today that shows texas will gain two more members of the house representatives to represent the state's 29 million people second only to california is 39 million people. the republican legislature and the republican governor in texas will do anything they can to gerrymander congressional districts so that the two new congressional seats will go to republicans. but gerrymandering is no longer enough for republicans to win elections. and so the texas legislature has introduced legislation that according to the new york times, quote, would make texas one of the hardest states in the country to cast a ballot in republicans want to ban 24 hour voting in texas, which is how many working people voted in the last election in texas.
10:06 pm
the state's biggest county used 24 hour voting for a single day just a single day on the thursday before the election, veneer times described some of the middle of the night voters as fast food workers, nurses, construction workers, night owls and other late shift workers. texas republicans do not want those people to vote again because they might vote for democrats. some of the restrictions on texas voting proposed by the legislature would apply only in counties with populations of more than 1 million. that means, of course, the big cities of texas, the places where democrats live. texas based companies such as american airlines and dell technologies say they are opposed restrictions on the right to vote, like banning
10:07 pm
drive thru voting which was used by 127,000 voters in the state's biggest county, texas is the biggest state where the legislature is trying to restrict the right to vote. there is no more forceful opponent of restricting the right to vote in texas, then our first guest tonight leading off our discussion tonight. beto o'rourke, former democratic congressman representing el paso, texas, he is the founder of powered by people in organization helping elect democrats in texas. better, o'rourke, thank you very much for joining us tonight this night became even more important than we thought when texas today picked up what will be two additional congressional seats starting in the next election. what do you think that's going to mean for texas and what will the texas the republican texas legislature do to try to assure that those are republican seats? >> it makes the fight to secure voting rights, the ability for
10:08 pm
any eligible texan to cast their ballot, that much more important because lawrence, i'm convinced with 40 electoral college votes, texas now clearly becomes the biggest swing state in the country, and could very well decide the next presidential election, or perhaps the next 10 presidential elections. and as population growth that has produced these new two new congressional seats, has been brought about by young by people of color. and by those who've chosen to come to this state. it's it's the future knocking on the door of this country. and republicans in texas are trying to bar the door shut before these folks can get in and cast a ballot nearly 7 million texans in 2020 did not vote because this is the most voter suppressed state in the union. 750 polling place closures the racial gerrymander that you talked about at the top of the show the most onerous voter id
10:09 pm
laws in the country. and now these proposals that would make it even harder. >> let's listen to what former attorney general eric holder said about these two new congressional seats today. >> it's gonna get additional seats. it's largely because of an increase in the hispanic population, the african american population, the suburban population, a young people, and yet, and yet i suspect they're going to try to draw the lines there, they'll draw them in such a way to minimize the acquisition of power by by those groups. and so you know, that those additional seats that texas is going to get, i suspect will be you know, they'll attempt to gerrymander them, which means we're probably going to end up end up in court. >> better, the legislature is completely run by republicans, every republican governor so they will, the only thing they will have to be concerned about as they trying to draw these lines for congressional districts is how as eric eric holder just put it, how they might end up in court. >> that's right. and really our best hope right now is in the united states
10:10 pm
senate with the for the people act. i know there's been a lot of talk about senator mansions position on the filibuster, and the need to reform that in order to be able to pass democracy bills like this one. but but really, the the future the fate, the fortune of this country rests on states like texas, and not for the democratic party. but literally for democracy, one person, one vote, if we believe that's important, we need federal protections, federal safeguards to ensure that we can do that. absent that it's going to be left to texas to the texas voters to do what they can. and they've done some pretty impressive things in the past. despite these racially gerrymandered districts that you have in texas from the 2010 and 2011 redistricting you had calling all red, and lizzy
10:11 pm
pannell fletcher, both when important upset longshot victories in 2018, we can do it again in 2022. and going forward, but if we really believe in democracy, if we really believe everyone should have a seat at the table, and every vote should be counted. and we've got to stop these voter suppression efforts in texas. and we've got to pass voter protection reform in washington, dc. it's as simple as that. the good news is, these voter suppression bills in texas have not yet passed, they've not yet been signed into law. as you mentioned, dell, american airlines have faith groups, civic organizations, and everyday voters are stepping up and standing out and speaking up to make sure that we stopped this while we still have time. >> are texas republicans in the legislature listening to those corporate entities in texas that are that are opposing this, it seems as though they've just decided that their politics is taking them in a different direction, and they will no longer pay attention to these corporate interests. >> it's interesting, they're listening to them.
10:12 pm
but i don't know what they're getting the right message, the chairman of the state house committee, that oversees elections guy named brisco. payne, from just outside of houston, he was, by the way after the november election in pennsylvania, trying to overturn the presidential election. he's now in charge of the election law reform effort in texas. that gives you an indication. he just proposed legislation that would punish these companies that speak out trying to not help democrats or republicans, but help texans ensure that they can vote. so that's the way that they're responding to this. i think that's a good sign. it shows that they're concerned, they're anxious that they're defensive. they know they're on the wrong side of history. they're on the wrong side, despite now we just have to win it. >> how do you--i mean, you are one of the one of your roles here from my distance is cheerleader you are in charge of keeping spirits up and keeping the smile going as the as the the struggle gets seems to be getting more and more difficult. >> well, there's a lot to be optimistic about, you know, when when we went to the state
10:13 pm
capitol to testify against sb seven, hb six, there are hundreds of other texans who driven from all over the state and as you know, it's 254 counties to timezones, there's a lot of miles, a lot of hours to get to the capitol in the midst of a pandemic, which we're not through yet. and yet people are willing to come out and stem stand up for democracy, they wait 14 1516 hours to get there two minutes to testify for all these great groups like the texas civil rights project, move to texas democratic parties doing a lot of great work. so i see a response that meets the moment. and that i think, is going to be more than a match for these voter suppression efforts in texas, and the thing is lawrence, if we don't have hope, and if we don't move, if we don't take action, then we definitely are going to lose. and the best antidote to despair is action. and i want to just make sure
10:14 pm
that we continue to do that here in texas. >> there does seem to be a reverse effect phenomenon and this voter suppression field because we see these attempts of voter suppression, that seems to provoke a certain kind of voter turnout on its own. i mean, that that just may be a mirage, but but as we watch it, they did everything they could they were trying in georgia, and yet georgia got this remarkable turnout in the face of these attempts to suppress it. >> it's interesting we spent in our group powered by people the last couple of months registering voters in the lowest voter turnout counties in texas. so webb county we're laredo is 50% of registered voters i'll pass on where i am now. 50% 56% of registered voters turned out in 2020. we're knocking on the doors of unregistered future voters, and they're telling us that they want to get registered with our volunteers because of what's happening in the state capitol right now. in the words of one woman, they wouldn't be trying this hard to take away our vote.
10:15 pm
if our vote wasn't this important. so yes, sign me up. so i agree with you. i think there's going to be a response to this from the texas voters. they're smart enough to know what's going on. they realize they hold the future of this country in their hands, they'll decide the outcome, not only of texas based elections, but texas based elections, like the next presidential that will determine who our next president will be. and i think you're gonna see texans show up in record numbers. >> beto o'rourke, thank you very much for starting off our discussion tonight. we really appreciate it. >> thank you. >> and coming up, another case of police use of deadly force in north carolina left lawyers calling that in today and execution after they saw some of the police body camera video. that is next. that is next so why wait to screen for colon cancer? because when caught in early stages, it's more treatable. i'm cologuard.
10:16 pm
i'm noninvasive and detect altered dna in your stool to find 92% of colon cancers even in early stages. tell me more. it's for people 45 plus at average risk for colon cancer, not high risk. false positive and negative results may occur. ask your prescriber or an online prescriber if cologuard is right for you. i'm on it. sounds like a plan. my name is austin james. as a musician living with diabetes, fingersticks can be a real challenge. that's why i use the freestyle libre 14 day system. with a painless, onesecond scan i can check my glucose without fingersticks. now i'm managing my diabetes better and i've lowered my a1c from 8.2 to 6.7. you can do it without fingersticks, too. ask your doctor for a prescription
10:17 pm
for the freestyle libre 14 day system. and visit freestyle to try it for free. losing a tooth didn't stop you but your partial can act like a bacteria magnet,stem. putting natural teeth at risk. new polident propartial helps purify your partial and strengthens and protects natural teeth. so, are you gonna lose another tooth? not on my watch! feel the clarity of non-drowsy claritin. and 24-hour relief from symptoms caused by over 200 indoor and outdoor allergens. try claritin cool mint chewabls for powerful allergy relief plus a cooling sensation. live claritin clear. how great is it that we get to tell everybody how liberty mutual customizes your car insurance so you only pay for what you need? i mean it... uh-oh, sorry... oh... what? i'm an emu! no, buddy! only pay for what you need. ♪ liberty, liberty, liberty, liberty. ♪ wanna help kids get their homework done? well, an internet connection's a good start. but kids also need computers. and sometimes the hardest thing about homework
10:18 pm
is finding a place to do it. so why not hook community centers up with wifi? for kids like us, and all the amazing things we're gonna learn. over the next 10 years, comcast is committing $1 billion to reach 50 million low-income americans with the tools and resources they need to be ready for anything. i hope you're ready. 'cause we are. an execution.
10:19 pm
that's what attorneys for the family of andrew brown describe
10:20 pm
what happens to him when at least seven police officers approached him in his car and shot him to death today, members of andrew brown's family and one of the lawyers, local attorney shawntel lasseter were allowed to see only 20 seconds of just one of the police body cam videos. here's what the lawyers for andrew brown's family said after seeing that video. >> we only saw a snippet of the video where we know that the video started before and after. they show the family and they determined what was pertinent. >> one body cam, 20 seconds in execution. >> this was an execution.
10:21 pm
andrew brown was in his driveway. the sheriff chuck locked him in his driveway so he could not exit his driveway. andrew had his hands on his steering wheel. he was not reaching for anything. he wasn't touching anything he wasn't finding anything about he had his hands firmly on the steering wheel. they run up to his vehicle shooting. he still stood there said there his vehicle with his hands on the steering wheel while being shot at. >> joining us now, kirk burkhalter, a criminal law professor at new york law school where he is the director of the 21st century policing project. he is a former nypd detective, professor burkhalter. we we know very little other than what we heard described about that 20 seconds of video the video has not yet been released, there's going to be a court hearing about releasing that and possibly more video, based on what we know so far. what's your reaction to the
10:22 pm
evidence as we know it at this point? >> well, lawrence, my reaction is we actually do not know much. and that is the problem. the family was shown this 22nd video, we know solely that the suspect slash victim was unarmed. and we're not sure how many shots were fired how many police officers were on the scene. we're not even sure how much video footage was captured. and this is a tremendous problem. in this era where police have lost the benefit of the doubt you would think that police officers, i'm sorry, police
10:23 pm
departments would err on the side of transparency. and that doesn't seem to be the case here. so this leaves the door open for speculation from the public. and that's not a good thing in this day and age. so unfortunately, we know very little except that this man was unarmed. and when a person is shot by the police, and particularly a person of color, and they are unarmed. in this day and age, the public does deserve some form of information far beyond. we have to wait to complete the investigation. >> but if these accounts are accurate that his hands were on the steering wheel the entire time that he's being fired at and they also did say that at the very beginning of the video, there was already an empty shell casing that was visible so that this video actually is a shooting by police in progress. so far, there's no evidence that we're seeing in this so far that in any way justifies the shooting. >> well, that's correct. lawrence, based on what we have heard from the police department, what we have heard from the family. what we have not heard one allegation that in any way,
10:24 pm
shape or form that this man was attempting to use deadly physical force against the police officers. so once again, it's what we don't know. you know, in most instances if a gun was found if someone fired shots at the police officer when aim the gun at the police, we would hear it but we do not hear that here. in addition to the officers that were placed on administrative leave, we have i think, as a total of three officers that left the department immediately to resign and one retired and that's a very poor sign as to what is going on here. i think that this was handled. it's been ill handled. and this is a textbook example of where perhaps an independent investigative body needs to step in and take charge of this investigation. the public does not have much faith in what will come out of this investigation if handled by the local authorities. >> let's take a look back at one of the expert witnesses in the chauvet trial that we analyzed as it was underway. last week, 400 doctors signed a letter calling for a review of everyone who died in police custody in maryland during dr.
10:25 pm
david fowler's 17 years as maryland's chief medical examiner, after dr. fowler delivered testimony in dark children's defense that was contradicted by every other medical expert in the case, the letter from 400 doctors said quote, doctor fowler's stated opinion that george floyd's death during active police restraint should be certified with an undetermined manner is outside the standard practice and conventions for investigating and certification of in custody deaths. this stated opinion raises significant concerns for his previous practice and management. if forensic pathologists can offer such baseless opinions without penalty, then the entire criminal justice system is at risk. and on friday, maryland's attorney general began investigating deaths in police custody during dr. fowler's tenure as medical examiner. joining us now is philip
10:26 pm
jackson, criminal justice reporter for the baltimore sun covering this story. phil jackson, what else can you tell us about the attorney general's review of these cases? >> well, we can tell you right now that this is in the preliminary stages, but mostly with dr. david fowler. it's the families that have been affected, which they have expressed a lot of concern about a lot of his rules. and the reason why the attorney general is looking at that 17 year tenure is because there's a lot of cases specifically a case of anton black, a 19 year old black teenager who died while in police custody on maryland's eastern shore. and a lot of families, they still feel that pain of injustice that they've told us and they want to they want to see a higher level of accountability to a lot of those families that extends past the police department. >> and professor burkhalter we remember analyzing that testimony on this program. it was really stunning testimony for people who've seen a lot of medical examiner
10:27 pm
testimony in court and jury the one juror who's been interviewed about this rejected dr. fowler's testimony outright did not believe it, believe dr. tobin completely refuting that testimony. what's your reaction to this review of his work? during the time when he was a medical examiner? >> lawrence, this is just the last thing the entire criminal justice community needs at this particular point, where as we just mentioned, you know, the police have lost the benefit of the doubt. and now this other person who oversees what is supposed to be an independent body, and according to reports, has particular issues with the clarifying and reporting on the deaths of in particular african americans in police custody. it's just a horrible thing. it's not too surprising giving the testimony during the derek chauvin trial with this kind of outrageous claim about the carbon monoxide poisoning. i would certainly hope that the attorney general of maryland will get to the bottom of this
10:28 pm
but the ramifications of having to reopen all these cases, which some of which may be perhaps homicides. i just can't think of a worse result. >> phil jackson, what was the reaction in baltimore, in maryland at the time of dr. fowler's testimony in the chauvin trial? >> right so at this time, he said to me, again, the families and sounds like they they saw that testimony, and many saw that as hypocritical they think they saw what he said in the george floyd and george for his death and you know, what his room were and what he thought that eluding third solve and we're responsible for that debt. and that was a reminder for a man defense for what they experienced even back in 2013, baltimore city with tyrone west, they, at the end of the day, a lot of these families are seeking accountability and justice and again, you know, to them, it extends past the police department. it's more so efficient. >> phil jackson and kurt burkhalter. thank you both very much for
10:29 pm
joining us tonight. >> my pleasure. >> thank you. >> thank you. >> coming up, the winner of that special book award that i am inventing tonight, for the most scholarly book of the year written by a united states senator, will join us next, that author will join us next, tonight's mystery guests. non-steroidal anti-inflammatory gel... available over the counter. voltaren is powerful arthritis pain relief in a gel. voltaren. the joy of movement. cal: our confident forever plan is possible with a cfp® professional. a cfp® professional can help you build a complete financial plan. visit to find your cfp® professional. ♪♪
10:30 pm
♪ ♪i've got the brains you've got the looks♪ ♪let's make lots of money♪ ♪you've got the brawn♪ ♪i've got the brains♪ ♪let's make lots of♪ ♪uh uh uh♪ ♪oohhh there's a lot of opportunities♪ with allstate, drivers who switched saved over $700. saving is easy when you're in good hands. allstate click or call to switch today. during photosynthesis, plants convert solar energy
10:31 pm
into chemical energy, cleaning the oxygen we breathe. plants clean the air. when applied to stained textiles, plant-based surfactants like the ones in seventh generation detergent trap stains at the molecular level and flush them away. plant-based detergents clean your clothes. it's just science! just... science. seventh generation. powered by plants. tackles stains. ♪ ♪ mornings were made for better things than rheumatoid arthritis. when considering another treatment ask about xeljanz, a pill for adults with moderate to severe rheumatoid arthritis when methotrexate has not helped enough. xeljanz can help relieve joint pain and swelling, stiffness, and helps stop further joint damage, even without methotrexate. xeljanz can lower your ability to fight infections. before and during treatment, your doctor should check for infections, like tb and do blood tests. tell your doctor if you've had hepatitis b or c,
10:32 pm
have flu-like symptoms, or are prone to infections. serious, sometimes fatal infections, cancers including lymphoma, and blood clots have happened. taking a higher than recommended dose of xeljanz for ra may increase risk of death. tears in the stomach or intestines and serious allergic reactions have happened. don't let another morning go by without asking your doctor about the pill first prescribed for ra more than eight years ago. xeljanz.
10:33 pm
♪ ♪ ♪ when it comes to your financial health, just a few small steps can make a real difference. ♪ ♪ ♪ learn, save and spend with guidance from chase. confidence feels good. chase. why is health care so expensive? make more of what's yours. why is google free, or is it really free? why does google control 90% of our online searches? how did we let that happen? was there anything we could've done about it? what should we do about facebook now? the federal government started thinking about, and then worrying about, and then
10:34 pm
legislating about questions exactly like this, long before google was invented. 14 years after the first telephone call by alexander graham bell, the congress, in an almost unanimous vote, passed the sherman antitrust act of 1890. and suddenly, if a company controlled 90% of anything in the united states, it became very likely that the federal government was going to break up that company. this story is brilliantly told in an important new book that explains so much about how we live today, and how the presidents of 100 years ago would not believe what we have allowed our biggest and most monopolistic and richest companies to do. the book is an economic adventure story of sorts, that is a real page turner, it really is. it even has cartoons. of course, some of you don't naturally feel yourselves drawn to complex policy issues. but the new york times calls this book, an impressive work of scholarship.
10:35 pm
and like any impressive work of scholarship, it unfortunately has a title that will make almost all of you turn away from it in a bookstore. but perhaps the author can convince you to give this book the chance that it deserves to find a place on your important nonfiction shelf. joining us now the author of antitrust, taking on monopoly power from the gilded age to the digital age. amy klobuchar. thank you very much for joining us tonight, senator really appreciate it. you know, i didn't i think you know, i didn't plan for this segment to be all about the book. but this is great. this tells a story that is so important for today. but it begins over 130 years ago. >> exactly. and if you go back to the founding of our country, lawrence, and yes, people came to this country because they
10:36 pm
wanted economic freedom. they wanted to have political freedom, religious freedom, and they didn't want to buy everything from the east india tea company, and do business with a bunch of monopolies over the pond. and so you literally go back to the beginnings of america. and you see this entrepreneurial spirit, where literally capitalism has rejuvenated itself, every few decades, by new companies coming on by every so often, the government breaking up at&t, and giving us lower long distance rates and starting the cell phone business because we didn't have it all controlled by one company. and where we are today is years of inaction. so i thought, how can i make this real for people because we've done nothing. as i've said, for decades in congress, the courts have gotten increasingly conservative using the theories of robert bork. and so now it's on so i thought, okay, i'm going to write this big book, i'm going to try to make it interesting.
10:37 pm
throw in a bunch of cartoons tell the stories of the people involved, like the woman who actually started the monopoly game, and i had a turbo who was a muckraker took on standard oil, and just hope that people will join me in this quest, to finally use our antitrust laws the way they should be and take on the monopolies again. >> yeah, when we say cartoons, we should clarify for the audience. these are the these are the kinds of things that you might see in your newspaper over the course of the last 100 years. the smart cartoons in the new yorker, and they're so they're shockingly explanatory, i have to say, and they are they they are embedded on pages with with scholarly prose that is so precise and so careful and yet
10:38 pm
so full of the way we really live makes such clear sense to us that it shouldn't be this way. >> exactly. and this is not just tack, it goes from cat food to caskets. in fact, a john oliver did a segment on this trying to explain it and he talked about the consolidation and online travel, the consolidation that we're seeing in pharmaceuticals, and he finally ended by saying if this is enough to make you want to die, good luck. because there's only three casket makers left, and actually since then one has bought the other. so there's only two. so i make the case for once again, making our logs as sophisticated as the economy that we're in right now. we have trillion dollar $2 trillion companies that are gateway gatekeepers to whether it is search engines with google, whether it is social media platforms with facebook, or whether it is the app stores with apple and google, a hearing that we had last week, which was extraordinary for the bipartisan pushback about the fact that people are now paying companies that have an app on the app store 30% of what you buy on there goes to one of those two companies, for a number of consumer companies. and that's just wrong. >> yeah, it is stunning that that this body of law was
10:39 pm
invented 130 years ago, and became more and more vital and important over time. and yet, it was it was unlike the tax code, it was just left to sit there almost kind of an accident of who is going to be the you know, assistant attorney general, who happens to be in charge of anti trust, and how active is that person going to be? >> exactly. and now we have merrick garland in place, someone who actually taught antitrust before, someone who had his own announcement of his nomination by president biden talked about antitrust. and so i think it is really exciting what we could do remember these lawsuits against google and facebook, or were filed under the previous administration. and a lot of success that we've seen over the years and taking on monopoly power, does bridge administrations and he has that kind of broad political support and legal support. so that's the first thing. the second thing is making sure these agencies aren't shadows of their former selves.
10:40 pm
and in the book, i make the case for this senator grassley and i have a bill to finally change the fee structure for when big mergers come before the agencies and make them pay just a little more so that they can hire the lawyers at the agencies to take them on. you can take on trillion dollar companies with duct tape and band aids, which is basically what we're asking them to do right now. and so that has bipartisan support. so i give 25 things we can do, both in congress, the administration and as citizens to be able to enhance our competition policy in america. >> well, senator, you are officially the winner of the first moynahan book award. i'm holding up the book here. that's named in honor of senator daniel patrick moynihan, who wrote a scholarly book almost every year that he was in the senate, but never, never.
10:41 pm
did he have 205 pages of notes footnotes in the book, do you credit your husband, john besler? yes, helping you with the footnotes, which is a stunning work in and of itself. and i just want the audience to know about this team. because you say in acknowledging your husband's work in this book, you say like me, my husband has a deep respect for history and the law. he actually proposed to me on abraham lincoln's birthday, in a bookstore in the nonfiction aisle, of course. so there's romance in this book too. >> and you also -- my affections. so there you go. >> klobuchar, thank you very much for joining us tonight. we really appreciate it and love the book. just love it. >> thank you.
10:42 pm
>> thank you. well, on wednesday night, president biden will describe the tax increases he wants to use to pay for his $2 trillion infrastructure package, but there's another way to pay for it. without raising any taxes just stop cheaters. the irs estimates that tax cheaters owe the treasury $1 trillion a year in tax payments that they never pay because republicans have made sure that the irs does not have the personnel or the resources to fully enforce tax law. that's a deliberate choice by republicans. that is why our next guest has introduced the stop cheaters act. the formal name of the bill is the stop corporations and higher earners from avoiding taxes and enforce rules strictly act stop cheaters joining us now is democratic congressman ro khanna of california. he is the author of the stop cheaters act. carson kinda i've been waiting for this for a long time the tax gap as they call it, the
10:43 pm
gap between what the irs could collect if they just had enough agents and inspectors and resources and what they do collect is now running. they say about a trillion dollars a year. >> okay, absolutely right. this is not some clever scheme to avoid tax. this is flat out cheating people who don't pay the taxes that they're owed. and here's the shocking thing, the irs audits, the poorest counties in mississippi, more than they audit the richest top 1%, even though a lot of the cheating and non payment is in the top 1%. so what this bill does is two things. one, it says audit the people who actually aren't paying the taxes and larry summers and economists have shown that that is the case. until it says let banks disclose business income because a lot of taxes that aren't being paid, is because banks aren't disclosing the income.
10:44 pm
if you do those two things, we'd raise $1.2 trillion, that would go a long way to paying for president biden's infrastructure bill. >> you mentioned, the study that professor summers co authored with two others, including a former irs commissioner, i just want to use a table put it up on the screen for people to see this is the the the decline in audit rates for filers from 2011 to 2018. and so for all filers the decline in auditing was 45%. for the very richest people, it was much, much higher, if you made 1 million to $5 million, the decline in auditing of tax returns in that category was at an 81%. decline, almost the same for 5 million to 10 million 10 million and above. and so car's been there it is, there's a there's a decline, because those are the most complex returns. they take the largest team to do the audits, and republicans have consistently cut the irs his ability to do that work. >> now say right, lawrence, and it's worse than that. the republicans have said let's audit the people getting the earned income tax credit.
10:45 pm
so they want to go after the grand mother who's claiming their grandchild for an earned income tax credit, but they don't want to go after the multimillionaires who aren't paying taxes on income. but most people say how do you cheat on your taxes, because most people they get a paycheck, they get a w two they pay what they owe. but what's going on here is a lot of these people have multiple businesses, and there's no way of determining how much income they're making from those businesses unless they're audited, and the irs isn't auditing them. and it's auditing instead low income americans, it's really outrageous. >> and but this is also possibly part of why joe biden's tax increase proposals increase in the corporate tax rate. and basically an elimination of the capital gains rate for people with incomes over a million dollars, they would pay capital gains as regular income tax. those are very popular proposals, because it i think most taxpayers have a sense, this is not fair. and it isn't even fair on the enforcement, then. >> lawrence that's right, let me give you a very concrete example of what president biden does to raise $400 billion right now, if you buy a million
10:46 pm
dollars of stock in facebook, and that stock goes up to $10 million. now you give that stock, which is $10 million to your son upon your death, that son does not have to pay any capital gains on the $9 million appreciation under our current law. so a lot of people actually hold these assets until their death, pass it on as inherited wealth and totally avoid pay 0% capital gains, president biden says let's actually tax the appreciation and capital gains just like most people have to pay that raises $400 billion. so when people actually look at what president biden is proposing, they'll say, wow, i didn't even know that people weren't being taxed on that. that's so unfair. president biden is proposing common sense fairness to the code. >> carson ro khanna, thank you for introducing this legislation. thank you for joining us tonight. >> thank you and i share amy klobuchar and your enthusiasm for her book. it's a terrific read. >> it really is. it really is. thank you, congressman. >> thank you.
10:47 pm
>> and coming up in tonight's episode of defendant trump, the new york daily news has unearthed an underoath deposition by donald trump's accountant from the year before. >> thank you and i share amy klobuchar and your enthusiasm for her book. it's a terrific read. >> it really is. it really is. thank you, congressman. >> thank you. >> and coming up in tonight's episode of defendant trump, the new york daily news has unearthed an underoath deposition by donald trump's accountant from the year before. feeling sluggish or weighed down? it could be a sign that your digestive system isn't working at it's best taking metamucil everyday can help. metamucil psyllium fiber, gels to trap
10:48 pm
and remove the waste that weighs you down. it also helps lower cholesterol and slows sugar absorption to promote healthy blood sugar levels. so you can feel lighter and more energetic metamucil. support your daily digestive health. and try metamucil fiber thins. a great tasting and easy way to start your day. like many people with moderate to severe ulcerative colitis or crohn's disease, i was there. be right back. but my symptoms were keeping me from where i needed to be. ♪♪ so i talked to my doctor and learned humira is for people who have uc... ...or crohn's disease. and humira helps people
10:49 pm
achieve remission that can last, so you can experience few or no symptoms. humira can lower your ability to fight infections. serious and sometimes fatal infections, including tuberculosis, and cancers, including lymphoma, have happened, as have blood, liver, and nervous system problems, serious allergic reactions, and new or worsening heart failure. tell your doctor if you've been to areas where certain fungal infections are common and if you've had tb, hepatitis b, are prone to infections, or have flu-like symptoms or sores. don't start humira if you have an infection. be there for you... and them. ask your gastroenterologist about humira. with humira, remission is possible. ♪ when i was young ♪ no-no-no-no-no please please no. ♪ i never needed anyone. ♪ front desk. yes, hello... i'm so... please hold. ♪ those days are done. ♪ i got you. ♪ all by yourself. ♪ go with us and find millions of flexible options.
10:50 pm
all in our app. expedia. it matters who you travel with. (burke) switch to farmers and you could save an average of four hundred and sixty-seven dollars on your auto insurance. expedia. just by phoning it in to farmers. (neighbor) just by phoning it in? (burke) just phone it in. (homeowner) yeah, you just phone it in! it's great! (friend 1) i'm phoning it in and saved four hundred and forty-four dollars for switching my homeowners insurance, too! (friend 2) i don't know what you're waiting for. phone it in already! (burke) switch and save just by calling farmers today. go ahead, phone it in. (grandpa) phone it in, why don't ya?! ♪ we are farmers. bum-pa-dum, bum-bum-bum-bum ♪ tonight i'll be eating a calzone from doughballs in aurora. (doorbell) rock on. tonight i'll be eating lobster thermidor au gratin.
10:51 pm
really? sh-yeah, and monkeys might fly out of my butt. make it two calzones! introducing voltaren arthritis pain gel. sh-yeah, and monkeys the first full prescription strength non-steroidal anti-inflammatory gel... available over the counter. voltaren is powerful arthritis pain relief in a gel. the new york daily news has voltaren. the joy of movement.
10:52 pm
reported documents from in 2015 deposition of donald trump's -- the lawsuit on the now defunct trump university for which donald trump received a settlement requiring him to pay $25 million to the former trump university students who sued donald trump for fraud. in that 2015 testimony, island wise and bergh said he leaves the legal side of the money flow to others. the daily news reports at the time, he found himself eavesdropping on the discussion with trump lawyers about the illegality of market school as university and new york. weisselberg said he didn't delve deeper. he admitted asking in a 2005 email, if executives plan to just set up a fictitious office in illinois delaware, as they dealt with the issue, and he said his inquiry's's was on
10:53 pm
caused not propriety. i can't help them with that role, that's not my thing, he testified. i was only concerned about the economic side of it. they were handling the legal side of it. joining us now is -- a federal prosecutor and legal analyst analyst -- glenn is hard to keep a straight face reading pieces of that deposition. >> lawrence, that might be the least compelling defense i have ever heard as a former career prosecutor. you are the sort of self proclaimed stickler of a chief financial officer. you are keeping track of every dollar that comes into, and goes out of, the trump organization. and you are confronted with your own email, where you are expressly discussing the fact that executives are setting up fictitious offices in either illinois, or delaware, and you
10:54 pm
have the defense that you were just concerned with the costs, and he used the fat -- the legality is not my thing. that phrase, and maybe the least compelling defense i have ever heard. that the legality part is not really my thing. >> well, the legality is going to be his thing in the grand jury investigation that the manhattan attorney is seeing right now. that is -- let's talk about the difference between the senior allegations which is what it was. -- if he's proceeding in a grand jury testimony and how different that is. >> yeah, in a grand jury proceeding, and i have been in lots of grand juries, prosecutors will really wear him out, they will confront him with every piece of documentation, every, email and they have his text messages, and they will leave no stone
10:55 pm
unturned. the bad news for allen weisselberg is whether it's a civil deposition, or whether it's in a grand jury setting, anything you say can be used as an admission against you, unless you have been granted immunity. remember, there was a time when the southern district of new york prosecutors were investigating michael calling for the campaign finance violation he committed with an act of direction of donald trump. there was a limited immunity granted back then, which would've been federal non state, and that's what siphons is investigating. that is another sure sign that, if you had to be granted, even limited immunity defense, you were engaged in some misconduct, obviously. >> for weisselberg, the threat of possible perjury charges is very thick in the air in a grander room, as opposed to a
10:56 pm
civil deposition? >> yeah, not only that, if he has coconspirator liability, if hypothetically the trump organization is a criminal conspiracy, and he was part of it, you know, coconspirator liability reach is extraordinarily far. he would actually be criminally responsible for every crime committed by every other member of the conspiracy, whether he personally participated in that crime, or not. so, it looks like the advance has quite a bit to work with try to bring weisselberg into the fold, and then potentially flip him against trump. >> glenn, thank you very much for joining us tonight. >> thank you, lawrence. that is tonight's last word. the 11th hour with brian williams is next. s next thank you! hey, hey, no, no limu, no limu! only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪
10:57 pm
♪ (ac/dc: back in black) ♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪ back in black ♪ ♪ i hit the sack ♪ ♪ i've been too long... ♪ applebee's irresist-a-bowls are back. dig in for just $8.99. now that's eatin' good in the neighborhood. (vo) ideas exist inside you, electrify you. they grow from our imagination, but they can't be held back. they want to be set free. to make the world more responsible, and even more incredible. ideas start the future, just like that.
10:58 pm
are you managing your diabetes... ...using fingersticks? with the new freestyle libre 2 system, a continuous glucose monitor, you can check your glucose with a painless, one-second scan. and now with optional alarms, you can choose to be notified if you go too high or too low. and for those who qualify, the freestyle libre 2 system is now covered by medicare. ask your doctor for a prescription. you can do it without fingersticks. learn more at freestyle libre 2 dot u.s. ♪♪ with relapsing forms of ms, there's a lot to deal with. not just unpredictable relapses. all these other things too. who needs that kind of drama? kesimpta is a once-monthly at-home injection that may help you put this rms drama in its place. kesimpta was proven superior at reducing the rate of relapses, active lesions and slowing disability progression versus aubagio. don't take kesimpta if you have hepatitis b, and tell your doctor if you have had it,
10:59 pm
as it could come back. kesimpta can cause serious side effects, including infections. while no cases of pml were recorded in rms clinical trials, it could happen. tell your doctor if you had or plan to have vaccines, or if you are or plan to become pregnant. kesimpta may cause a decrease in some types of antibodies. the most common side effects are upper respiratory tract infection, headache and injection reactions. dealing with this rms drama? it's time to ask your doctor about kesimpta. dramatic results. less rms drama. how great is it that we get to tell everybody how liberty mutuals. customizes your car insurance so you only pay for what you need? i mean it... uh-oh, sorry... oh... what? i'm an emu! no, buddy! only pay for what you need. ♪ liberty, liberty, liberty, liberty. ♪
11:00 pm
want to save hundreds on your wireless bill? with xfinity mobile, you can. how about saving hundreds on the new samsung galaxy s21 ultra 5g? you can do that too. all on the most reliable network? sure thing! and with fast, nationwide 5g included - at no extra cost? we've got you covered. so join the carrier rated #1 in customer satisfaction... ...and learn how much you can save at as we start a new week, good evening once again,