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tv   The Last Word With Lawrence O Donnell  MSNBC  November 1, 2021 10:00pm-11:00pm PDT

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with special offers just for movers all right, that is going to do at it for us tonight. but i will see you again tomorrow, i'm going to be on for special electron coverage, starting before the virginia polls close at 7 pm eastern. our special coverage on and snt starts at 5:00 eastern, i'll be
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there soon after we get going and i'll be there until the calls tell oats they want to want to come home anyway. i'll see you tomorrow night, now it's time for the last word with lawrence o'donnell. >> good evening rachel, and i'm so excited about tomorrow night. and it's not just because, i don't have to write anything tomorrow because we're doing my favorite thing which is election coverage, preempting these hours. but we are going to be working together again. and that's a very exciting thing. if you can call it work, it's really just kind of, we're sort of on tv watching tv, like watching the returns, what's gonna happen next. >> listen, i'm gonna be air guitar-ing the timpani from the election music every time we come out of commercial. i'm just gonna be like flagging down steve kornacki anytime i have a stray thawed or some new piece of data may have wafted his way. i'm super excited, i'm super nervous to be back with everybody in person, but also
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super excited about it. it's gonna be a fascinating night because the results in virginia, are gonna be super consequential and they're impossible to predict. >> i'll be doing special coverage of the election of mayor boston, tomorrow night. that'll be my piece. >> i'm gonna get my beauty sleep, possible tomorrow. >> thank you rachel, thank you. >> well today the united states supreme court her three or about the type -- new texas abortion law. all the law allows anyone to sue any abortion provider in texas who provides abortion services as for about six weeks of pregnancy. the law does not allow any exception for prison pregnancies that are the result of rape and incest. and so, under the texas law, if a father rapes his daughter with that father can also sue anyone who provides abortion services to the daughter he raped. that is the law. the texas legislators wrote.
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that his how perverted that law is. and as long as roe v. wade is the law of the land, the new texas law is grotesquely unconstitutional. the state of texas defended its new law at the supreme court today, by insisting that the texas legislator outsmarted the federal government and the united states supreme court by writing a law that empowered citizens to enforce the law, and therefore no one has a right to sue the government of texas to block a law that the government of texas is actually not technically in power to enforce. here is what solicitor janitor -- elizabeth prelogar said to the court. >> across the arguments this morning, texas position is that no one can sue. not the woman whose rights are most directly affected. not the providers who have been
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chilled in being able to provide those women with care, and not the united states in the suit. if that is true, if the state can just take the simple mechanism of taking its enforcement authority and giving it to the general public, backed up with a bounty of $10,000 or $1 million, if they can do that, then new caught no constitutional right is safe. no constitutional decision from this court is safe. our constitutional guarantees cannot be that fragile and the supremacy of federal law cannot be that easily subject to manipulation. >> mark karen, representing abortion services provider said this. >> in an acting senate bill eight, the texas legislator not only deliberately prohibited the exercise of a constitutional right recognized by this court, it did everything it could to evade effective judicial protection of that right in federal or state court. to allow texas's scheme to stand would provide a roadmap for other states to abrogate
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any decision of this court with which they disagree. at issue here is nothing less the supremacy of federal law. >> justice salina kagan made it clear that the supreme court, has never seen a case like this. >> the fact that after, oh these many years, some geniuses came up with a way to evade the commands of that decision as well as the command that the broader, the even broader principle, that states are not to nullify federal constitutional rights. and to say, oh we've never seen this before so we can't do anything about it. some i guess i just don't understand the argument. >> do u.s. elicited general, said that the texas law's intention was quote, to fourth the supremacy of federal law in open defiance of our
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constitutional structure. >> states are free to ask this court to reconsider its constitutional precedence, but they are not free to place themselves above this court, nullify the court's decisions in their borders, and block the judicial review necessary to vindicate federal rights. >> chief justice -- who voted in september to block the law from going into effect seemed exasperated by the solicitor general by for the state of texas, -- we >> assume that the bounty is not $10,000 but 1 million dollars. do you think in that case the chill on the conduct at issue here would be sufficient to allow federal court review prior to the end of the state core process? >> no, your honor. i might add this is a specifically a damage accident, it is kept at much -- >> my question is a
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hypothetical. >> leading off our discussion tonight is -- former acting u.s. -- we legal contributor. a meal, i want to begin with that last point. that the chief made. about his hypothetical. and what if the amount of money was higher, they're trying to show what the chilling effect is on behavior because of the threat of lawsuits. >> exactly, so as an advocate the last thing you want to do is get with the chief justice said in that question. heanswer it. -- we first argument i thought he did well for what he had to work with. which was not very much. and lawrence, i think the conventional wisdom -- you can't predict much in moral arguments, they're asking tough questions about -- i think that's generally right. but if i think back to my 45 oral arguments, you kind of can
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predict where the courts gonna come out, and i think it's likely that texas did lose the argument today. both, because the audacious -ness of the texas law became really apparent in the argument. but also because the key votes that texas needed to win seemed lost. we already knew the chief justice was probably lost vote for texas because two months ago, in a procedural case, he cited against texas as part of this for dissenting justices. but we're seeing -- justice kavanaugh today said, that this was -- texas position was really contrary to the whole spirit of a president from 19 awaits -- which played a big role today. and also justice barrett said that she was worried the texas law didn't provide full enforcement of federal constitution -- in state courts. so, taken together, anything
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together but it looks very bad for texas. >> in the previous hour, rachel played some of the tape that showed that the texas solicitor general, when cornered him by justice kaye eliminated the constitutional right for women who think they might be more than six weeks pregnant. he said in effect, no, we've eliminated, but we may have diminished a little bit. in terms of supreme court argument about infringement on rights, how does that fly? that the notion that we didn't eliminate it, we just into diminish it. >> yeah, i think the greeks call that sophistry and i think that's basically what that was. it was soft street dressed up as some sort of tactical argument. it was frankly pretty hard to follow as jack's justice kagan said. what texas was saying. but i do think it's really important that all or viewers understand, today was just a
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procedural question. really about whether this vigilante provision means that you can actually even sue texas, or its officials. it's not a judgment on whether roe v. wade is going to be the law of the land. and so if my prediction is right, and texas loses in the supreme court, today's royal argument that doesn't mean that this supreme court is going to now uphold roe v. wade or anything like that. and indeed, a month from today, we'll be hearing a case for mississippi which is designed to overrule roe v. wade. and it is it is very possible the same justices, who today strike down the vigilante, or bounty provision by procedural grounds, may still vote to overrule roe v. wade. so elections matter, tomorrow's elections matter -- in of course, who's on the u.s. supreme court. >> so what are the options for the court in this case? is it --
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are they being asked to simply allow people to file lawsuits and bring lawsuits to block this law in federal court? >> right, that's the basic claim that the challengers of the united states government are making, which is let us have a day in court at least argue as to whether the texas law is constitutional or not. if texas had its way, you couldn't actually file a lawsuit at all or you'd have to wait for as long as it takes until someone brought a private bounty hunter for lawsuit under this -- new texas law. so, that is really it. they made abroad a clear lame, they'd like to uphold roe v. wade -- and i don't expect them to rule on it in this case. i think they will, reach that in mississippi and indeed may have the texas case come back to the united states supreme court on the road versus wave question, sometime next year
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presumably after the senate. >> based on your reading of where the courts headed here, what is the effect for abortion services providers in texas if the court rules in the way you are anticipating? >> well, if they rule soon than what it would mean is that the texas challengers, the folks challenging the texas law, would go into federal trial court in texas. and indeed the court of appeals and say, we want to stay of this law, we wanted to not take effect until it is blessed by federal courts. and it's pretty hard to bless this law because it is a straight violation of roe v. wade, so we're taking the united states supreme court decision to really reinstate the law. and that's probably a year away. so i think the effect of today's decision is likely to be, today's argument, is likely that texas loses will be the
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say we've got to go to the lower courts, the lower courts will probably keep that lost state. so it can't go in effect -- can resume in texas for approximately one would be the next year. there is a lot of caveats and guesswork in what i'm saying to you, but i think that that's probably the most likely scenario right now. >> neal katyal, thank you so very much for starting us off on this night, really appreciate it. thank you. >> and joining us now, is doctor gisele of more yadi, she is an ob/gyn physician in texas and a board member at the physicians for reproductive health. doctor, what was your reaction to what you heard the supreme court today? we >> know, this heart that we're here are still without abortion access in our state. that there are people in d.c. talking about my community, while my community suffers, still. and, i hope this decision comes
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quickly but it's already been 61 days too long. >> so, we just heard a neal katyal say that there is a distinct possibility that this kill case will reopen abortion services in texas for maybe a year. it might buy a year we. in the deliberation of the adult make deliberation on this case. how will that change things in texas, will providers come back into providing the services? we >> know, that remains to be seen with what the supreme court decides. the one -- of the particular sniff area's parts of this law is that if there is an injunction, but then later the law is held in place, that physicians and providers can be sued for the abortions they provided while there was an injunction, so that piece is also critical to understand. we had an injunction for just a
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few days, not too long ago, and that didn't mean that all of a sudden people got abortion care. we were still at risk of being sued, once the objection was overturned. >> what is the situation in texas now? what are women experience-ing in texas now? >> yeah, so in texas right now abortion care has nearly stopped. in comparison to september of last year, we have a report that came out just last week from the texas evaluation project that showed, that abortion care was cut in half in comparison to the year before. now, that's likely due to the number of people that we saw in august, prior to the lobbying in effect. and i think as we see those numbers continue, as we see this band continue for longer and longer, we're gonna see less and less people access that care. what remains to be seen as how many people are actually able to leave the state. last week i went to oklahoma to provide a abortion care like i
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do, and 80% of the people were from texas. about three were from my neighborhood, right here in dallas. many drove over eight or nine hours from dallas to the coast, to make it to the oklahoma city. that means of people in oklahoma are having to travel outside of oklahoma to get care. that is just causing ripple effect and abortion care throughout the country, not just in texas. >> doctor gazelle a muddy, thank you very much for joining us tonight, we really appreciate it. >> thank you for having me. >> coming up, this afternoon senator joe manchin complained that house democrats are engaging with he thought was unprecedented legislative a hostage taking. tonight, it sounds like the hostage may have been released. husband role khanna, will join us next and explain it all. weus next and explain it all weus next and explain it all we oh, it's just a cold. if you have high blood pressure, a cold is not just a cold. unlike other cold medicines, coricidin provides powerful cold relief without raising your blood pressure be there for life's best moments with coricidin. now in sugar free liquid.
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really? yep! so while you handle that, you can keep your internet and all those shows you love, and save money while you're at it with special offers just for movers i trust the president of the at united states. >> that was what the speaker of the house, nancy pelosi, said on thursday when she asked the
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democrats in the house to pass the bipartisan infrastructure bill that was passed by the senate in august. that was what president biden wanted the democrats in the house to do on thursday. pass the bipartisan infrastructure bill. and give the democrats a big legislative win, but in progressive caucus in the house refused to do. that the progressive cost wanted proof, and all 50 democrats in the senate who ripped supported the reconciliation bill before the house progressives would be willing to vote for the infrastructure bill, that the senate already passed. this afternoon, senator joe manchin called that, legislative hostage taking. >> i've worked in good faith for three months, in the past three months with president biden, schumer, speaker pelosi, and my colleagues, on the reconciliation bill. and i will continue to do so. for the sake of the country -- the bipartisan infrastructure bill. holding this bill hostage is not going to work and getting my support for the
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reconciliation bill. >> senator manchin said he is open to voting for the reconciliation bill but he wants more information about it. >> i for one won't support a multi trillion bill without greater clarity about why congress chooses to ignore the serious effects of inflation. and debt, that has on our economy and existing government. >> and of course senator manchin should know, that is exactly what they nonpartisan congressional -- when it issues its official report, scoring the bill. senator brian schatz pointed that out in a tweet while senator manchin was actually still speaking. senator schatz said we need a cbo score anyway, in order to process the bill through the parliamentarian on the senate side. none of what was said was exactly new, the tone alarm people, but substantively nothing has changed. but something did seem to
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change after senator manchin spoke today, the progressive caucus has now apparently decided that they are willing to vote on the bill joe manchin wants them to vote for. the senate bipartisan infrastructure bill, even without a guarantee that joe manchin will vote for the reconciliation bill. >> is every progressive prepare to vote for the bipartisan infrastructure? bill >> i do believe we're going to deliver our members with both bills. i just have to believe with the president says, and the president said right after the senator spoke, that he is confident he can deliver 51 votes for this win. i am going to trust this president, our members are going to trust the president. >> joining us now is democratic congressman -- he's a member of the congressional progressive caucus, representative khanna thank you very much for joining us tonight. so, nancy pelosi said i trust the president on thursday, and she trusted him so much on thursday she was ready to have a vote on the bipartisan infrastructure bill, it sounds now like the progressive caucus trust the president to the same
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extent. and is willing to vote on the bipartisan infrastructure bill now. >> we do, we are, here is why we didn't vote on thursday. we wanted on vote on both things, the on the bipartisan bill and on the build back better bill. and the reason lawrence is we had no say on the bipartisan bill, we wanted things like climate position -- a lot of progress was made this weekend, we had a lot of calwood progressives. at the end of the weekend, to enforce senator manchin's statement -- we wanted votes both votes -- and we're gonna do that. >> well, you can't -- as you know you can't really vote on the reconciliation bill until cbo has scored it. there is no point in voting for it because it wouldn't be a proper legislative vehicle without that cbo score. so what manchin was saying as kind of threatening was it sounded, was actually describing what the senate procedure is. >> correct. but, let's see when they pulled
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it for a vote, let's see when the cbo score comes, i know they're trying to expedite, at maybe we vote by the end of the week. i think the point is that we will have both votes together, in terms of sequentially in the house, as i understand it. both for them -- that the comes law. the other bill, there is some risk, and this all depends on the senate voting for it. i am confident that this president will prevail and that we will get universal child care, we will get the biggest climate, we will look at universal preschool, and that those priorities will be in the final bill. >> so, your position that is, let's have the house basically just call the senate's bluff on this, which is to say called the bluff of two senators, sinema who remains absolutely silent, and joe manchin who said he would and he had to say today. you want the house to vote on the reconciliation bill, send it to the senate, and then just find out if joe manchin and
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sinema are going to vote for it. >> exactly. and i really don't think, when push comes to some of, any of the house having voted for this unanimously in terms of democrats, maybe one or two defections, you have the speaker for, it you have the president for it, you have senator schumer for of it -- and one or two senators are going to sink the bill. i refused to believe that. i think they're going to vote via large for -- and remember this lawrence, president biden didn't make that commitment for democrats for months. it would've been easy for him two months to go to say, hey look i have all the votes. he didn't do it he's very careful about his work, i disagreed with the president, but the one thing he says straight shooter. when he gets his work for something, you can take it to the bank. and i think that's why a lot of people trust him. >> so, this would be a big strategic chef for speaker pelosi, for as far as i can remember -- when democrats have had control of both houses, has never sent a bill to the senate, to the democratic senate, without an
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understanding that the democratic said it could pass that version of the bill. >> she still maintains that, she's saying that she wants to make sure that whatever we passed in the house, passes at the senate. she doesn't want members have to vote for something that doesn't become law. i think the speaker's confidence, based on what the president is saying, that the votes will be there. but sometimes senators say things publicly, they have to say things publicly, what matters is what are the assurances they are given. i am confident that this president has the assurances of every senator, that they will not stand in the way in delivering to the american people. but at the end we have to come together as a party, we have to do something for this country, we have to do something for the working class. this will be transformed -- bill clinton and 50 cent is seven senators, obama had 60 senators. this president is going to pull up the most transformative agenda for the working class in the last 40 years, with 50
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senators. he deserves credit. >> yeah, there's never been anything like. it the idea that you can have an active agenda, from either party really, with 50 senators. is just something that we've never seen before. and as we all know, the senate hurdles are just too high when there's only 50 senators, you get 51 votes with the vice president on your side. and so, it is remarkable that it has come this far. but, it seems tonight that we're still sitting here not having any idea what joe manchin's going to be willing to do in the end. although it seems he's going to be on some version of the bill. but, senator sinema, we just don't have the biggest idea. she just seems to have no sense of responsibility whatsoever, for public accountability for letting her voters know what work she's trying to do, or letting her colleagues in the congress know what she's trying to accomplish. >> lawrence, that's what's been
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disappointing and we've discussed this before. no transparency, no accountability, but i'm convinced now that she's told a few key people that she's for. but think about it like this, let's say you have a big family thanksgiving dinner, you're doing the man you, and any one person, anyone relative, can't say no to the whole thing. i mean, that's what it's like for this president. and he said that are hours. okay, spend an hour with the president -- he spent hours with lawmakers, he sat with progressives longer than i've sat with progressives. he's had so much patience -- the speakers has so many relationships -- they're pulling together something that is remarkable. and history won't judge all the scrimmage is, they'll drug that finally we did something for the working class, putting more money in the cut in their pockets. -- i'm excited about that feast where we get to talk people about. >> carson roxana, thank you very much for joining us once again tonight, we appreciate. it >> appreciate it. >> thank you.
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and joining us now -- american scholar at the american food prices institute. lauren, i got the same question for you that i have every night. what is going on here? >> i'm not going to panic, lawrence. i think we are waiting for that cbo score, my guess is that the score is going to come in very possibly saying it doesn't completely balance. and the worst thing that happens is they go back and tinker a little bit to bring it closer to balance. we have to remember that while joe manchin is so concerned about deficits, debt, and inflation. that bipartisan infrastructure bill, that is going to come up for a vote in the house, actually adds a quarter of a trillion dollars to the debt over its tenure life. so, we're not exactly speaking about purity here. i am so interested to see the change in the progressive caucus, and one of the great ironies here is the group that's supposed to be more rigid ideologically, i've seen a few --
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democratic equivalent of the freedom caucus. which is close to journalistic malpractice. there are the pragmatic ones. and they're willing to take a flyer on this, and i think it's for a couple of reasons that roe connor hinted at that. one is, manchin and sinema i believe have given private assurances to joe biden, that one way or another they're going to vote for a big bill. it might be different, it's actually gotten a little bit better over the weekend, but they're going to vote for a bill, they are not going to be the ones who will keep it from happening. and, the second reason is that, right now with the language of that bill there and the reality that passing through the house doesn't mean that it immediately gets enacted into law. joe biden, if nancy pelosi sends it to the white house, has ten days and, she can wait a little white while to send it to the white house. there's a little bit of time after they pass it just to make sure that this whole thing doesn't fall apart. so, it's going to come together
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with a delay and unfortunately it's surely too bad. but i would be shocked if we don't ultimately get something as roe cato said that's really quite historic with these reasonably small margins. is nancy pelosi going to be willing to bring the reconciliation bill to a vote in the house without having it wired in the senate already? >> i doubt very much that pelosi would do that unless she as with these others have some pretty strong reason to believe that, whatever the final product actually looks like in all of its language, that they are going to get to guess with all 50. and that those are assurances that came to the president. and remember, with sinema, where we have been had -- she's a safer on a lot of this, but the word that we've got in from the white house negotiators is that she has negotiated very clearly set out lines and done it in good faith. so, i think there is reason to believe, and i believe the progressive caucus has that
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reason to believe that they are not just taking a flyer here that they are going to get you curved by a couple of senators with the bait and switch. >> but if they are waiting for speaker pelosi to basically get this fixed with the senate, we are still waiting for the same thing we've been waiting for all along with just to lock in those final two votes in the senate. >> yes, and it doesn't surprise me that it would take a little bit of time and that there would be a concern of waiting for cpr. let's face it, if you had 50 senators who said i like this plan, it's all going to work, but then cbo came back and said that some of these things are not going to work for us because they are going to add too much the deficit. and remember, the parliamentarian is going to speak up as well. the whole thing could've fallen apart even with those syringes. >> yes. >> so i would be very surprised, the look from me, and the framework of the bill, that we are not seeing a lot of things that are taking a flyer here
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that this will provide. it is like the old waste in abused and fraud, but that is where we're gonna get the revenues. this is fairly clear revenue measures. and what they have done with the program is to shorten the years and cut a little bit so that they can make it balance. it all have come pretty close to balance and i believe that when that happens, will likely to see manchin go along. >> thank you for joining us once again, we always appreciate it. >> thank you. lines >> coming up, we now know exactly what donald trump is trying to prevent, the january six committee from seeing. congressman adam shift a, member of that committee will join us next. join us next
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legal claims of executive privilege belong exclusively to the president of the united states who is joe biden. not donald trump. and president biden has ordered the archives to turn over that material. donald trump is trying to block the release of nearly 800 pages of documents including files of his former chief of staff mark meadows, including 100 and note, losing potential or schedule briefings concerning the january six certification and other election issues. the white house daily diary an information showing white house visitors logs of phone calls to donald trump and to mike pence. presidential activity calendar unrelated handwritten note. and a draft text of a presidential speech for the rally before the insurrection. joining us now is democratic congressman adam schiff of california, he is also a member of the select committee of the
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january 6th attack on the capitol. thank you very much for joining us. what is your reaction to what we now know to be the substance of the lawsuit donald trump has brought to try and block this material? >> not at all surprising. he wants to block the committee from finding out about his conduct on january six and in the days leading up to that date. all of those records are purgatory to the investigation. all of those are pertinent to being able to legislate to protect the country going forward. and look, if the trump lawyers don't know it already, they should. their claims have no merit. as you said lawrence, the sitting president has the authority to the privilege. biden is not asserting privilege here. he recognize it that the national security interest indoor math here, they are interested in doing the work. and as one of their briefs me note of that was filed by a former democratic and republican members of congress,
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if you can't effectuate congressman powers here to do oversight then you might as well have just gone home. >> for the most part, the very concept of executive privilege, presidential executive privilege, has been grounded overtime and national security concerns for the most part. of course, the president would not want to reveal that he had a certain discussion about some interaction or threatening interactions with the foreign country have some kind. you, on the intelligence committee, with support that kind of privilege. you have shared information, information is shared with you that you cannot reveal. and that is the kind of thing that we normally think of as being protected by executive privilege. >> it is. i would say it also protects the presidents ability to can find in people around him. but as we saw in the nixon case, those considerations ultimately
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have to give way if there is a paramount need to know in the congress and in the country. that was true in terms of nixon and the watergate tapes. and it is true here. indeed it would be hard to state a stronger case even if there wasn't privilege. even if georgia -- joe biden asserted the privilege here, which is not doing. it would be hard to overcome congress's need when we're dealing with a violent attack on the congress. and in this insurrection. so it was embraced override privilege, but here doesn't apply because joe biden has been willing to uphold congress's need to know. >> we just saw the united states supreme court rush a hearing on the texas abortion law that really sped up the process. should the courts be doing that in this case? >> i think there is a need for expedition in terms of the january six committee's work.
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there is an urgency to being able to protect the country from another violent attack. the president continues to push out the big lie about the election that led to the first attack. so, i do think that it is really important. i would also say, that the courts need to be mindful of the practice of donald trump to delay justice in order to escape justice. we saw that for four years, as the former president went up and down the courts. merely for the purpose of the lay. and here, that delay, could be disastrous for the country. so yes, i think all of the course, court appeals, district courts, any court that looks at these issues should look and move with the greatest expedition. >> congressman, before you go, could you clear up what is not my confusion about what is happening in the house of representatives right now, this week, on the senate infrastructure bill? is the house going to vote on passing the infrastructure bill
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that passed the senate with the bipartisan vote in august? >> yes. we are going to take up both bills this week. both bills will pass. and i agree with what norman ornstein, was observing. and i include myself among the group. i have been very pragmatic. i have been willing to trust that the president in the senate will get the votes to pass the build back better act. that's an act of faith. and i think that feat this will please. i have confidence in the speaker, in the president, and senator shimmer -- we are going to get this done. and it really is miraculous. that with a 50/50 majority, and practically 50/50 in the house as well that president biden will be able to achieve new deal magnitude investment in the american people. which is so desperately needed. it will be a dramatic accomplishment. >> has the speaker told you that they are going to vote on both bills this week?
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>> i haven't had that personal conversation with her. but i think she has made it clear that we are taking these up. i'm confident that she is ready to take those up. that she is confident that we will pass this in the senate. >> congressman adam schiff, thank you very much for joining us tonight. really appreciate it. >> thank you. >> coming up tomorrow, election day, jaime harrison was knocking on doors in virginia trying to get a vote this weekend. he will join us next. in us next knows everyone's unique. that's why they customize your car insurance, so you only pay for what you need. oh, yeah. that's the spot. only pay for what you need. ♪ liberty, liberty, liberty, liberty ♪ when you hear the word healthy it always feels a little out of reach. but it's all about the baby steps. maybe it's a jump or eating something green. or taking mom to get that vaccine. ♪ healthier means bringing stuff to the folks ♪ ♪ that really need it. ♪ ♪ like help at 2 am or care that's right at home. ♪
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you're an owner with access to financial advice, tools and a personalized plan that helps you build a future for those you love. vanguard. become an owner. the last published poll before tomorrow's election for governor of virginia, shows the candidates are tight. the final washington post shows that terry mcauliffe is up 49, and republican glenn youngkin at 40. the margin of error on the pole is 3.5% in either direction of those numbers. which means the candidates could be seven points apart from 2014, to 2018, terry
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mcauliffe served as governor as virginia. where governors are not allowed to run for consecutive terms. the only governor to run for a non consecutive second term was mills godwin. who won as democrat in 1965, i want to in 1973, but that time he ran as a republican. if terry mcauliffe wins tomorrow, he will be the first virginia governor to win two non consecutive terms as a democrat. as of the final day of early voting on saturday, more than 1.1 billion early ballots have already been cast it in accordance to target smart. that is six times as much as the last four games -- virginia governor's race. >> 53% of those early votes forecasted by democrats. and 31% were costed by republicans. political reports the focus on black voters in the final stretch of the campaign
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illustrates the critical role they'll play on tuesday. not only did mcauliffe win a prior term as governor with the overwhelming support of black voters, especially black women, every national election since then has proved how critical they are to democratic cinches a victory in close races. here's what terry mcauliffe said earlier today. >> how important do you think the african-american vote would be in this election? >> always very important in virginia. we are very encouraged, obviously, the issues that we all have fought out here. you know, i did more voting rights that any governor in the history of america. just from walking off the stage and into the back room through people came up to me and said thank you for giving me my rights back. people know how to lean in and to lift up done to find a. that is a critical vote. >> joining us now is jaime harrison, chair of the democratic national committee. mister chairman thank you very much for joining us tonight. you've been in virginia, tell us everything that is going to happen there tomorrow. >> lawrence, thank you for
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having me, listen, he is going to win this race. i know that folks are on the edge of their seats, the poll say that it's close. when you go into every election, understanding that it is close. but at the end of the day, this is about turning out the vote. and folks in virginia know terry mcauliffe. they know the work that he has done as governor. and they know that he will continue to deliver for them. i'm excited about it, i was excited to be there for him. almost every weekend, just pushing out and making sure that we got folks energized and educated about what is at stake in this election. and i believe terry mcauliffe is going to be the next governor for the commonwealth of virginia. >> what we know about the early votes, seems to indicate an overwhelming majority for democrats in that early vote. what do you expect the share of the vote to be tomorrow? what percent of the voters would've voted early, what percent are going to vote on
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election day? >> some of the estimates are that you can get another 2 million voters to come out tomorrow, in tomorrow's election. we are not sure. we feel really really good about the early vote and how that breaks down. now, we need to focus on those voters who are little more difficult to get to come out to vote. making sure that we are doing phone calls, we are still doing door knocking. all the things that are so necessary in order to win elections. we are going to do everything that we need to in order to make sure that terry mcauliffe is the next governor. >> so the final washington post poll does include something of a reversal of fortune for president biden, it shows him with an approval, within the state, a 46%, 53% disapprove. that is the state where joe biden won the presidency with 54% of the vote to donald trump's 44% of the vote.
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that seems to be a drop in support for the president in virginia. how does that affect this race? >> the president said that the other day, polls will go up, polls will go down. we see this with almost every president. in the end of the day, we have to stay focused on delivering for the american people. terry has been delivering for the longest time in virginia. democrats have delivered. we have to continue those efforts. that is our big focus. once we get this race, and new jersey behind us, we will work very very hard to solve the build back better agenda that the president has put forward. that will really improve the lives of so many american people. so i am excited about that. i'm looking forward to tomorrow. we can reclaim both governor murphy, and terry mcauliffe as both of the winners as that election. >> primala jayapal said that she doesn't believe that the
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delay and hustled down and deadlock at times at the legislative public has affected the campaign in virginia. what is your response to that? >> i think it is important for folks to see that democrats are working together to move things forward. that is why we need to get these bills passed and done. i'll tell you what, as the chairman of the dnc, i do not want to go into the midterms, into next year, still worried about these bills. we are going to get them done this week so that people know that we are delivering for them. and that when we are in office this is what we do. democrats deliver. while the republican sit on the sidelines and obstruct everything else that isn't helpful to the american people. >> democratic party jaime harrison, thank you very much for joining us tonight. we really appreciate it. >> thank you lawrence. >> tonight's last word is next.
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that means tomorrow night's election night, an msnbc special coverage of the governor's races in virginia and new jersey along with all of the other important elections tomorrow night including mayor of new york city and mayor boston start right here at 5 pm eastern with nicole wallace and steve kornacki. rachel maddow will join the coverage before the polls close in virginia at 7 pm eastern. that is tonight's last word. the voters will get the last word tomorrow night. the 11th hour with brian williams starts right now. >> well good evening once again day 286 of the biden administration and the eve of a critical election day including the most closely watched contests in a state joe biden won easily in 2020, just hours from now polls will open in the
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commonwealth of virginia where democrat terry mcauliffe, glenn youngkin are in a tight race for governor. here is how the wall street journal sums up the states, both parties are looking for signals on the broader political climate headed into a midterm election. 's all eyes also on new jersey's race for governor. the incumbent democrat phil murphy seeking a second term and a top political climate. he is standing by to join us just ahead. the democratic party's leader is now at the global climate summit in scotland president biden warned of the need to take action against climate change while reassuring world leaders that america is indeed ready to. >> the science is clear, we only have a brief window left before us. this is a decisive decade, in which we have an opportunity to prove ourselves. >> biden also referred to a legacy of his predecessors administration.