Skip to main content

tv   The Last Word With Lawrence O Donnell  MSNBC  October 28, 2021 10:00pm-11:00pm PDT

10:00 pm
it's friday eve, which doesn't mean it's friday evening now, it means it is the eve of friday. tomorrow will be friday. it's friday eve. there is no greater news i could give you. it's going to do it first in, i'll see you again tomorrow, which is friday. now it's time for the last word with lawrence o'donnell. good evening. joints >> good evening rachel. so now, the billionaire's tax. it turns out the owners of sports teams, did very well. and in the framework the actual bill that's released today --
10:01 pm
they went from the framework to the real bill, legislative 1680 pages i believe. almost the last 200 of those pieces are the tax provision that i spent monday. so the billionaire's tax is out, it did not make the cut. but the tax on short stops and quarterbacks that's in there. they have created these new tax brackets that i have been begging for for decades now. a new tax bracket that kicks in at $10 million of income. that is going to get a lot of shortstop's. and then the tom brady tax kicks in at $20 million of income. it's an additional 5% at $10 million of income, and then over $20 million of income another 3%. so, they are getting at some of these superrich that way, movie star people who get these money
10:02 pm
through salary. they are going to get hit. but the investment banker class, and others who managed to get their income in something other than direct salary income, they may find ways around this. >> right, the people who still have -- are sitting on billions of dollars in assets, and report that each year they made like 40 grand. because that's all they want to pay taxes. on those people will always find ways around -- at least so far they have not been captured by these efforts to actually raise taxes for people have the most money in the country. but yes, also if you only tried to text billionaires, you are aiming at, what is it, six or 700 people? or if you're trying to tax people who have $10 million in income in a year, it's a significantly larger group, which potentially gives them more lobbying power, but it also means it's a much bigger target. >> it is a bigger target, but the billionaires, they were having a good night last night.
10:03 pm
and it turns out they're having a good night again tonight. there's just something about billionaires. they managed to have good nights, i think every night, yes it's every night. >> i'm just gonna say, once the last time billionaires didn't have a good night. especially when we're talking about government policy. i feel one president biden give his remarks today, i thought that the single line that stuck up to me the most, was when he said, every time that i can remember, every time that i know of that the middle class did well, the very wealthy did great, but right now, the very wealthy are doing great, and the middle class are getting screwed. it works -- the middle class do well, it's not like rich people don't dwell. it's not like it gets zero-sum out of them. it never goes that way. if you build policy that affects the middle class, you help everybody in the whole country, and if all we do is make sure that the billionaires never pay anything, then every day is a good day for them, but everyone else -- >> will start shop, and
10:04 pm
quarterbacks, they are going to have a whole new tax rick turn. >> fantastic, thank you lawrence. >> thank you rachel. that was a day of good news and bad news for democrats depending on which democrat you're talking about. the good news for all democrats, is to joe biden announced a breakthrough in his negotiation with congressional democrats on the outline of the legislative package that immediately got the full support of all of the democrats in the house of representatives, even though the total spending in that bill was negotiated down to 1.7 trillion dollars. and that's down from the 3.5 trillion dollars in the budget resolution. that was passed by both houses of congress earlier this year. when the details of this package emerged later in the day, in the almost 1700 pages of legislative language, progressive democrats in the house had given up a lot, an
10:05 pm
awful lot, in reaching that compromise top line number of 1.7 trillion dollars. in a speech, at the white house this morning, the president described what it took to reach that compromise. >> today, i am pleased to announce that after months of tough and thoughtful negotiations, i think we have a dark and gunnar mick framework. i want to thank my colleagues in the framework for the leadership. we spent hours an hours over months and months working on this. no one got everything they wanted, including me. but that is what compromises. that's consensus. and that's what iran. i've long said that compromising consensus are the only way to get big things done in a democracy. important things done for the country. i know it's hard, i know how deeply people feel about the
10:06 pm
things that they fight for. but this framework includes historic investment in our nation and in our people. and any single home in this framework would fundamentally be viewed as a fundamental change in america. taken together, they're truly consequential. >> the president then boarded air force one for a trip to rome to attend the g20 summit meeting, and to meet with the pope. president biden was hoping to get a phone call on air force one from house speaker nancy pelosi, telling him that half of his legislative package passed the house today. that call never came, instead, speaker pelosi was forced to retreat from her plan for the house to vote on the bipartisan infrastructure bill that passed the senate in august, president biden went to the house representative for thing this morning at 9 am for a closed-door session with all of the house democrats in which he hoped to rally them, to pass that infrastructure bill today,
10:07 pm
according to sources familiar with what was said at the meeting, president biden told house democrats, quote, the house and senate majorities and my presidency will be determined by what happens in the next week. the president was hoping that the infrastructure bill would be passed today by the house representative so that he could have a bill signing ceremony as soon as he returned from here while the house and senate with them be completing the series of votes necessary to pass the 1.7 five trillion dollar bill under the reconciliation rules that he allows the to pass the bill in the senate with a simple majority vote. a group of about 30 progressives in the house were threatening to novel for the infrastructure bill, a bill that they are in favor of. they are in favor of the bill. but they were saying that they would not vote for it until they saw the text of the 1.7 five trillion dollar bill.
10:08 pm
and just after air force one took off, the house rules committee released the text of that bill. the page count of 1684, and speaker pelosi at her 2 pm press conference said this. >> for those who said, i want to see tex. the text is there. for the you to review, for you to complain about, for you to add to, for you to subtract from. whatever it. is and we will see what consensus emerges from that. >> the clear consensus that emerged from that text, was 99% of the democrats in congress support that tex. but, two senators were vague about supporting that tech's. even though they both appeared to get virtually everything they wanted in that bill. senator joe manchin said this. >> i think it's in the hands of the house right now and i've been dealing in good faith and
10:09 pm
i'm telling everybody, they can count on me continue to deal in good faith. >> unfortunately, for joe manchin, not enough democratic except his professions of good faith. and senator kyrsten sinema, who is trusted by exactly know democrats in the house or senate, said something that sounded positive but was much too vague for the 30 or so house progressives who needed to hear a specific promise to vote for the bill. instead, senator sinema, said in writing. >> we have made significant progress on the proposed budget reconciliation package. i look forward to getting this done. >> as of 2 pm this afternoon, speaker pelosi was still hoping to get a vote on the bipartisan infrastructure bill that passed the senate. >> a once in the century chance to rebuild the infrastructure that has been passed the senate awhile back. roads, bridges, water systems
10:10 pm
crumbling. some water systems are of 100 years made of -- and our colleagues talked about their own experiences in their own communities are made of bricks and wood. that's a nice water system, electric grid is vulnerable to catastrophic outlets, which have seen. and decades of under investment have taking a devastating toll of safety in our infrastructure. there's absolutely no question, the most expensive maintenance, is no maintenance, and that is where we are in many cases. and it's about jobs jobs jobs. over the life of this bill of being seven and a half million jobs, just in the bit. if you take it with the other bill, it would be more like 20 million jobs over the ten-year period. >> at the end of the day, the most progressive speaker of the house in history, was blocked. by the most progressive
10:11 pm
progressive caucus in history. congresswoman primala jayapal, the leader of the progressive caucus said, let us make sure that everybody is on board, and we will pass both bills together. by everybody, she of course means, those two senators who remain vague about their support for this bill. tonight, congresswoman jayapal told rachel maddow that she now trusts joe biden has secured the vote of senator manchin and sinema. >> i am trusting the president when he says he has 50 votes in the senate, plus i have spoken to senator sinema, i will circle back with senator manchin. >> leading off our discussion tonight is joe biden's labor secretary marty walsh, thank you very much for joining us tonight, mister secretary, really appreciated. >> thank you lawrence, thanks for having me tonight, so the president was hoping for a bill
10:12 pm
signing ceremony on the infrastructure bill, you didn't get that vote today, what is the presidents next expectation. he didn't get the vote today, what does he want now from the congress? >> i think the president said today he would like to see this bill pass, if i heard correctly, in his words, within a week. i think there's many of opportunities for us to get this bill passed, today was a day in the process of a democratic process. and certainly we had a good progress today. i look at it that way. we have two bills now. we know exactly what they are. we know the investment that we made in the american people. we know the investments made in housing and childcare. in adults, and child training. we already know very clearly on the physical infrastructure, the roads and bridges and waterways. now you just have a few more days here to go. hopefully we get this thing teed up pretty soon, and get the final vote. so we can stop making the investment in the -- unprecedented investments that
10:13 pm
we've never seen. >> senator sinema opposed the tax proposal that we are in the original version of the legislation. i have heard the text of the tax proposal here, doesn't take along to read them, suddenly senator sinema must have read the tax proposals by now, as she communicated in the white house that she supports the tax proposals in the new written version of the legislation? >> i do not have any knowledge of that, i have not had a conversation with the white house since a couple of hours now. we've been in constant communication all day, i've been on the phone all day talking to people, i've sat in my morning in philadelphia on the phone, i did a lot of visits in philadelphia today, another price of the pennsylvania, i'm in baltimore right now. we'll be back on the phones in the morning. i am not sure exactly what the senators feelings are on the tax proposal, but again, they were very clear that when the bills were passed they would not be paid by the average american. he would increase taxes, and move taxes on the people that can afford to pay more taxes.
10:14 pm
and that's clearly, he's kept his word, and that's what we're doing. so at this point, it is about nothing more than two votes. we've heard from, primala jayapal that the progressive caucus, which compromised a lot, and which compromised a lot, that may give. up they gave up a lot. and you know, to get down to the point where they are accepting a number that basically was set by joe manchin, 1.7 five trillion, that is up from 1.5, where he started with senator schumer. what can you tell us about those two votes? that's what's stopping both pieces of this legislation at this point. >> i think, as we said, the president feels confident that he will get the votes in both the house in the senate. he is certainly confident that the negotiations of what's going on, i think that when the bill come and word started. it's a negotiation and the legislative process, regardless of what people might not be cut
10:15 pm
fully in this bill. it's still an incredible investment in american people, i mean, we can't say that this is a disappointing bill, at 1.75 trillion dollars in infrastructure of people we've never seen that before in this country. in the history of this country. and also in the other bipartisan bill, the infrastructure bill, the bipartisan infrastructure bill, we haven't seen that type of investment, i think that is time for us now what i want when i'm looking forward to, is getting these bills pass, getting the investment to the department of labor, there's job training when. here and getting it out in the street, so we can get americans working, getting american skilled up and good paying jobs. the intention behind these bills, the president, i said from the beginning, and i feel and believe in my heart as well, it's about rebuilding the middle class. along opportunities to get to the middle class. we have child tax credit in these bills. that's gonna allow families for another year to get additional revenue for their families, to get kids out of poverty, i think it's over 20 million
10:16 pm
young people, families out of poverty, that's really what we have to do. we have to now -- building the infrastructure of this country. and when i say the building of the country, i'm not talking about buildings and roads, i'm talking about. the speaker stressed the jobs aspects of both of these bills. and it's easy for people to envision, the jobs components of an infrastructure bill, construction workers to work, you're gonna put people to work out there repairing bridges, laying pavement, that's a very easy thing to envision. but she indicated there are more jobs, in what is called being referred to now as this infrastructure bill. >> and there is. there's job training, money and we have tens of billions of dollars, that we will be able to invest in american people, all across this country. to retrain them, and allow them opportunities and open up new industries. there will be apprentice programs that will be able to do in this country. there will be job training,
10:17 pm
reentry programs for folks that are incarcerated. to get them into the communities, so they are not re-offending him back in prison. we have a real opportunity, on a social level, to make a tremendous impact here in the united states of america, and it's long overdue, and it's time for doing it now. as the mayor of boston i was able to do some of it in my, city we were able to see the benefits. of i think other cities in towns across the country are looking for the same type of investment. >> are you expecting that next week, the house will take up and pass, the bill that was just released today in legislative language? they passed that before they take up the infrastructure bill? >> i'm not sure. i'm encouraged by this process, i'm encouraged by where we're headed, we have two bills now that it seems that we have lots of support on the democratic side, hopefully will be able to get some republican votes as well, they have a bipartisan infrastructure bill that was passed already.
10:18 pm
where we had both sides support. president biden has spent a lot of time, and he said it from the very beginning, working to get these two bills, passed to make sure that everyone has a say, and many people have had their say. and now we have an opportunity hopefully next week, i don't know with the legislative schedule, is i'm certainly not a member of the, congress or the senate, so i don't want to say will have a bill next week, because that's not my lane. my lane is secretary of labor, and to advocate on behalf of the american people, and to push to see as much as we can get for american workers in our country. >> secretary of labor marty walsh, thanks so much for starting off our discussion tonight. i appreciate. it >> thank you lawrence. >> thank you. and joining us now is democratic congressman of texas, he's a member of the house transportation and infrastructure committee, he was supposed to be a big day for your committee, in the house today. representative, what was your expectation of what was going to happen today? at 9 am, when the president walked in the door. where did it feel like the day
10:19 pm
was going to go? >> of course i thought, we might have a vote today, on the bipartisan infrastructure deal. but, that's not the way it worked out. i am very optimistic right now, that by the end of next, week we will have both of these bills passed. that's something honestly lawrence, that i don't think i could've said this morning. when the president came to speak with, us i think you laid out what was in the package that he's been negotiating, with basically the two senators you mentioned for the past couple of, months and how important it is, for his presidency but also for our democracy. you and i have talked about this before. it's critically important that we show that we can still get things done. i still think we're on track to do. that so the big goal is still in reach. >> as of, now we know nothing about what those two senators are thinking. these re-writes, all of the re-writes at this stage of the legislation, are all for those two senators, and for no one else. and we don't even know at their
10:20 pm
thinking. so, we don't know if senator sinema is okay with this new version of the tax proposal. she's had trouble with the other one. joe manchin was okay with the original, the original version of the tax proposal. but we don't know anything more about joe manchin today either. >> the white house's been in constant negotiation with these two folks. i can give everyone a little bit of confidence, that we have some more insight into what they're thinking then maybe the press does, i'm not party to all of those conversations, but i have had some discussions with the white house around. and they are confident, and the president is putting his credibility behind the idea, he told us this morning that he now has 50 senators on board, with the framework. that he laid out for us. and i trust the president of the united states, and i trust our speaker, to deliver this. i think these two senators are going to be there in the end. there's been months of negotiations, as you said to meet them where they are, i
10:21 pm
can't see any reason now why they would pull out. >> what is your understanding of the sequence next week? >> well, they're probably going to have to go together, or at least in very rapid succession, i think with the legislative text that we saw come out today, we are on track to do just that. let me just say lawrence, there's been a lot a discussion about the process here, but this is a really important bill, it's a historic investment in american families, it's going to give us the tools to combat climate, change it will demonstrate our democracy can still do big things, as somebody who is raised by a single, member was a public school teacher who never made more than $50,000 in a, year there is so much in this from pre-k to childcare. that will be so important for us. the child tax credit, i know so many families will benefit from this. i hope that we can soon start talking about the great things we've done, and are going to be doing for the american people. and stop talking about the kind of internal squabbles that we've been having in our
10:22 pm
caucuses. >> did the president mentioned virginia today, as part of his reasoning for why he wanted to see a bill passed today? to try to have a positive impact on the governor's race in virginia? >> i don't think the president mentioned it specifically. it's been raised by a number of my colleagues from virginia, though at our various caucus meetings. we all recognize that we have to show that we can get things done, because for the american people, they don't really understand that we're dealing with the super majority requirement in the senate. and we have to go through this kind of strange process of reconciliation. they just know that we have a democrat in the white house, in democratic control of the senate in the house, so we have to deliver. and we're going to. obviously, i hope we have a good election next week in virginia. but the overall goal, here is to set us on a path for the next decade, in decades after that. of prosperity, in a way that builds back from the middle class out. that's with the president has committed to doing. that's why i think these packages together will allow us
10:23 pm
to do. >> congressman, thank you very much for joining our discussion. we really appreciate it. >> thanks lawrence. >> coming, up zero mina maxwell, norm warren, state will join us on what is next for the democrats, in the house and senate. in the house an senate senate they customize my car insurance, so i only pay for what i need. how about a throwback? you got it. ♪ liberty, liberty - liberty, liberty ♪ uh, i'll settle for something i can dance to. ♪ liberty, liberty, liberty, liberty ♪ ♪ ♪ only pay for what you need. ♪ liberty, liberty, liberty, liberty ♪ we have to be able to repair the enamel on a daily basis. with pronamel repair toothpaste, we can help actively repair enamel in its weakened state. it's innovative. my go to toothpaste is going to be pronamel repair. bipolar depression.
10:24 pm
it made me feel like i was trapped in a fog. this is art inspired by real stories of people living with bipolar depression. i just couldn't find my way out of it. the lows of bipolar depression can take you to a dark place... ...and be hard to manage. latuda could make a real difference in your symptoms. latuda was proven to significantly reduce bipolar depression symptoms and in clinical studies, had no substantial impact on weight. this is where i want to be. latuda is not for everyone. call your doctor about unusual mood changes, behaviors, or suicidal thoughts. antidepressants can increase these in children, teens, and young adults. elderly dementia patients on latuda have an increased risk of death or stroke. call your doctor about fever, stiff muscles, and confusion, as these may be life threatening... ...or uncontrollable muscle movements, as these may be permanent. these are not all the serious side effects. now i'm back where i belong. ask your doctor about latuda and pay as little as $0 for your first prescription. ♪♪
10:25 pm
your new pharmacy is here. to help you compare prices, and save on your medication. amazon prime members get select meds as low as $1 a month. who knew it could be this easy? your new pharmacy is amazon pharmacy. this halloween, xfinity rewards is offering up some spooky-good perks. who knew it could be this easy? like the chance to win a universal parks & resorts trip to hollywood or orlando to attend halloween horror nights. or xfinity rewards members, get the inside scoop on halloween kills. just say "watch with" into your voice remote
10:26 pm
for an exclusive live stream with jamie lee curtis. a q&a with me! join for free on the xfinity app. our thanks your rewards. a violent criminal at large. she's losing a lot of blood. be on the lookout for a man with a white mask. run. it's halloween, everyone's wearing masks. oh god. no man could have survived that fire. [ screaming ] michael myers has haunted this town for forty years. [ chanting ] evil dies tonight! tonight we hunt him down. [ chanting ] evil dies tonight! he's coming for me... -run. and i'm coming for him. i trust the president of the
10:27 pm
united states, and again, the techs is out there if they have anybody, any senator, any house members have some suggestion about where their comfort level is. or where their dismay might be. then we welcome that. but i trust the president of the united states. >> joining us now is early in a maxwell, the host of the podcast zerlina the hosts on and innocent bc exclusively. joining us also is host an executive producer of the showtime of the circus and one of the high-water podcast. and norman ornstein, a merited
10:28 pm
scholar at the american enterprise institute as well as. >> nancy pelosi trust the president of the united states but they're at least 30 or so presidents who do not trust his judgment about whether or not those two senators, sinema and manchin, would actually vote for this bill. >> i think the progressives want something to trust in, and i think trust is built over time and i think it's hard to build up that trust when you have one of the senators not really telling anybody what they are for. just coming up and saying nope not that nope not that,. i'm going to go back to my home state of arizona in the middle of the negotiations. and i think that is really frustrating but it is also putting them in a position where they say, look, tell us what you are for. if you are going to agree with
10:29 pm
us and make sure that both of these things get across the finish line, otherwise we can walk away. i think the lesson of this moment, i think for elected democrats, and the white house is that the progressive caucus has wield power in this negotiation. and it is no longer just a bunch of folks who are pushing progressive ideas on the fringes or anything like that. they are a power center in the democratic caucus, and they are able to communicate to the white house in clear terms what the american people voted for. and that, i think is a critically important point in thinking through what's at stake in these negotiation. i'm looking forward, democratic voters, if you want the policies that didn't end up in the plant, you need to elect more people like the progressive caucus members. >> john heilemann, we are
10:30 pm
seeing a power exercised by the progressive side of the house. the likes of which we've never seen before. it is an enormous amount of power. but, it is a form of power that we also haven't seen. which is, they only have the power to kill things that they want. they are in favor of the bipartisan infrastructure bill. they have the power to kill it. the power that joe manchin, and the power that sinema have is the power to kill things that they don't want. and that is historically the way negative power, the way the power of no has always been used to kill something that you actually don't want today. today the power no was used to at least stop for now for this week. something that the progressives do want, which is the infrastructure bill. >> well, not just something the progressive wants, lawrence something that the president desperately want, and nancy pelosi wanted, twice now. it's been twice, there was a
10:31 pm
deadline, a little over a month ago. nancy pelosi, joe biden pushed hard and then had to back down in the face of this dynamic. progressives not happy because of manchin and sinema. but they were not seeing at the. time now we are our here again, a month later, with a more significant deadline i would say in the sense that joe biden really wanted the white house to be able to go to the g20, to scott, low to glasgow with a genuine climate commitment in his hand. to be able to walk in with that kind of credibility. and they're also looking at the off year elections on tuesday. on tuesday for virginia new jersey. because every time this deadline gets pushed out later. more events happen in the political environment that could make it more complicated to pass this bill. so they really wanted to get this done today, and again it happened, so we are hearing a lot from camilla jayapal that suggests that some progress is
10:32 pm
softening on some stuff, they now see some of the language. she is trying to put a very positive face on, the fact that we are very close, but i'll say again, i don't know what will happen next week if terry mcauliffe loses in virginia by a lot. it is not going to be good for the president. it is not going to be good for the fortitude for the democrats in the house i would say. so we will see where it all goes. i don't think it's over by any means right now. i still think that the odds are is that they get both these bills pass. but every day it goes later, the more tricky. gets >> norman ornstein, what did you see today and the drama as it unfolded. >> i am a little surprised that we didn't get the firm commitments from manchin and sinema. but i'd like to put up a slightly more positive spin on this. first, it's quite remarkable that nancy pelosi was able, within a matter of hours, to get all the language in this bill. the first thing we heard from primala jayapal this morning
10:33 pm
was, i want to see the text. and then they got the text. so they have moved further along. and they're very close to getting this over the finish line. not there, but there are close. the second part of this is what jayapal said about the conversation with sinema. and the fact that she said down with kyrsten sinema, is itself an interesting thing. but she came away with a more positive feeling about this. i think it's suggest that they're likely to get this done at least to a point where 50 senators agree that they are going to support this, and then i think will see those two bills passed in the house, and remember, one of the things that nancy pelosi has in her quiver, is that if she gets this bill passed, she does not have to send it to the president. she can hold it for the rest of the congress. and if they get the bill passed, and it's basically we are going to send this to the president as soon as the senate votes on the infrastructure
10:34 pm
reconciliation package, then we've got a deal. then i think we get a quite remarkable message. if we had set on january 20th at the biden inaugural and said that he's got a 50/50 senate, and a three vote margin in the house, and within his first year there's going to be almost five trillion dollars in remarkable transformative spending. to get people after the covid hole, and to completely change the way we deal with physical and human infrastructure, creating jobs and a real cushion for working class, middle class, and poor people. we would've said, that would be nothing short of a miracle, well when that happens, if that happens. all of this will be put into the back of a rearview mirror. >> yes, all of that is historically true, this is historic russ just station, of or what version they end up doing. it's just an enormous achievement. however the democrats have met
10:35 pm
jim to play it in the house in such a way and drag it out in such a way that it is not going to feel like that it is going to feel like some stumbling across the finish line after a lot of anger and banishment. >> it feels a little bit like the obama fight lawrence. and frankly i was laughing today because i remember the name can comrade. and i was like, i wonder how many people today, think about can comrade. for example as a very significant figure in american politics, because of the fact that he was one of the democrats on more moderate democrats, who did not want the public option, and with that was taken out of the package, the bill almost died, it almost died several times over the course of a few years you lawrence. and i remember being on this show another time obamacare was supposed to be over and dead, and that was when the website didn't work, and so i think in this moment, the right advice
10:36 pm
is to be clear eyed about what is in this package, and how it will benefit the american people. the impact it will have, and that's always good news. it's things like childcare and increased investment into wages for home health. these this is real stuff that is going to impact lives. >> zerlina maxwell, john heilemann, norman ornstein, thank you all for joining me tonight. i really appreciate it. >> thank you lawrence. >> an up next, new developments tonight with the subpoenas from the house select committee, investigating the attack on the capital, that's next. that's next new workouts. and screening for colon cancer. yep. the american cancer society recommends screening starting at age 45, instead of 50, since colon cancer is increasing in younger adults. i'm cologuard®. i'm convenient and find 92% of colon cancers... ...even in early stages. i'm for people 45 plus at average risk for colon cancer, not high risk. false positive and negative results may occur.
10:37 pm
ask your provider if cologuard is right for you. centrum multigummies aren't just great tasting... they're power-packed vitamins... that help unleash your energy. loaded with b vitamins... ...and other key essential nutrients...'s a tasty way to conquer your day. try centrum multi gummies. now with a new look. new projects means new project managers. you need to hire. i need indeed. indeed you do. when you sponsor a job, you immediately get your shortlist of quality candidates, whose resumes on indeed match your job criteria.
10:38 pm
visit and get started today. ♪ i like it, i love it, i want some more of it♪ ♪i try so hard, i can't rise above it♪ ♪don't know what it is 'bout that little gal's lovin'♪ ♪but i like it, i love it♪ applebee's. now that's eatin' good in the neighborhood. woman: i have moderate to severe plaque psoriasis. now, there's skyrizi. with skyrizi, 3 out of 4 people achieved 90% clearer skin at 4 months after just two doses. skyrizi may increase your risk of infections and lower your ability to fight them. before treatment, your doctor should check you for infections and tuberculosis. tell your doctor if you have an infection or symptoms, such as fevers, sweats, chills, muscle aches, or coughs or if you plan to or recently received a vaccine. ♪ nothing is everything. ♪
10:39 pm
woman: talk to your dermatologist about skyrizi. learn how abbvie could help you save. what i've learned from so many years . . . . . . of living with hiv is to enjoy every moment. nbc news is reporting tonight my name is hugo and i'm on biktarvy. biktarvy is a complete, one-pill, once-a-day treatment . . . . . . used for hiv in certain adults. it's not a cure, but with one small pill, biktarvy fights hiv to help you get to . . . . . . and stay undetectable. that's when the amount of virus is so low, it cannot be measured by a lab test. serious side effects can occur,
10:40 pm
including kidney problems and kidney failure. rare, life-threatening side effects include a build-up of lactic acid and liver problems. do not take biktarvy if you take dofetilide or rifampin. tell your doctor about all the medicines and supplements you take, if you are pregnant or breastfeeding . . . . . . or if you have kidney or liver problems, including hepatitis. if you have hepatitis b, do not stop taking biktarvy without talking to your doctor. common side effects were diarrhea, nausea, and headache. if you're living with hiv . . . . . . keep loving who you are. and ask your doctor if biktarvy is right for you. that the house selective committee attacking own 26 will subpoena the attorney john eastman, who wrote the false legal memo that donald trump tried to use to convince vice president mike pence, to try and steal the presidential election from joe biden. the committee will issue the
10:41 pm
subpoena next week, nbc news is also reporting that melissa fara, the former trump white house directors strategic of communication resigned in december of 2020, has been voluntarily speaking with the republicans on the select committee for a few months now. the day after the attack on the capitol, far told politico, she quit the trump white house because she quote, saw where this was heading -- the president and certain advisers around him are directly responsible. and the committee has granted a postponement of the under oath testimony of jeffrey clark that was scheduled for tomorrow. because jeffrey clark has lost his lawyer. the washington post reported that jeffrey clark's lawyer, robert driscoll, quote, had dropped his reference imitation of the former justice official. because of the change, the committee granted clark a brief
10:42 pm
postponement, according to the committee staff are. it was not clear why driscoll and clark split, but people from his suit with the matter had suggested that it had to do with whether clark would cooperate with the committee's request. jeffrey clark, was reportedly trying to stage a coup, within the justice department, and get himself promoted to acting attorney general by drafting a letter to george officials, to urge them to investigate non existing voter fraud. donald trump was considering a plan to fire his acting attorney general and installed jeffrey clark as attorney general so that that letter can be sent. it was only when donald trump was confronted with the possibility of the immediate protests recognition, a virtually everyone else at the top of the justice department, if he fired the acting attorney general. but donald trump, then retreated from the plant, joining us now is, paul butler,
10:43 pm
law professor at georgetown university, and a prosecutor, he's an msnbc legal analyst. paul, i am fascinated by the postponement of jeffrey clark's testimony because he lost his lawyer. and this reporting in the washington post that the separation from the lawyer has something to do with whether he would cooperate with the committee, what is your interpretation of all of that? >> it is really interesting. lawrence, when a lawyer leaves a case, she is required by attorney client privilege to continue to respect confidential information. we don't know if jeffrey clark, fired his lawyer, or if the lawyer quit. it has been reported as you said this view between clark and it's, or whether clark would cooperate with the house committee, and if clark refuses to cooperate with the committee, he must be held in criminal
10:44 pm
contempt. so at some point, clark has to make a decision that is quite common with people in donald trump's orbit. is he more freed of donald trump, or is the more fruit of going to do? >> let's for the moment assume that attorney driscoll, who is no longer representing clark, is making honorable choices here. would it, for example, be an honorable choice if the lawyer said, i am not going to represent to if you do cooperate with the committee? >> if the lawyer thinks that that's not in the best interest of his client, then he certainly is entitled to do that, he has to get permission from the judge, and explain his reasoning to the judge, but if the judge approves it, he can quit the case. >> but, in an instance like this, where there is no judge, that would be in a courtroom in
10:45 pm
a civil case or in a criminal case in the courtroom. but there is not judge. here so that's what makes this so weird, right? we are absent to certain kind of information, we might have if this had been a court case. >> yes, that is absolutely right. again, it's the lawyer prerogative if he does not feel like he is the best person to represent the client, to suggest respectfully, that the client find another attorney. >> and we know that the committee is not being especially patient about these things, so, we could maybe read into the granting of a brief postponement here of the sense that committee believes that clark is headed towards cooperation with them. , yes and the committee understands that clumps claims about progressive -- no court has ever said that that applies to a former president, and the privilege only applies to official presidential duties which do
10:46 pm
not include trying to subvert an election. so, officially, everybody who is trying to fight and testify to overturn documents is going to lose. trump is going to lose his fight to prevent people from testifying, but lawrence, it may take a long time for trump to lose depending on the speed or lack thereof in which could resolve these issues. >> and of course, agreeing to testify, still leaves open to the possibility, that there could be some questions unanswered. clark could considerably invoke the fifth amendment, in certain situations. >> that is absolutely right, if he faces criminal exposure with his truthful testimony, any lawyer would advise him to take the fifth. >> paul butler, thank you very much for joining us again tonight, we always appreciate it. >> always a pleasure. >> thank you. >> coming up, there has been
10:47 pm
some speculation that former new york governor, might try to win the governorship back next, years since he still has $18 million in campaign funds. but today, in an albany court, andrew cuomo was charged with the crime of forcible touching. that is next. that is next ♪ i had a dream that someday ♪ ♪ i would just fly, fly away ♪
10:48 pm
♪ ♪ you don't become a runner, who breaks eight world records... after age 65, without a serious support system. kathy martin has one in medicare from blue cross blue shield. she won't go a day without the right card. because she can't go a day without running. the medicare coverage trusted by more doctors. this is the benefit of blue. find your local blue cross and blue shield plan at
10:49 pm
in 2016, i was working at the amazon warehouse when my brother passed away. and a couple of years later, my mother passed away. after taking care of them, i knew that i really wanted to become a nurse. amazon helped me with training and tuition. today, i'm a medical assistant and i'm studying to become a registered nurse. in filipino: you'll always be in my heart.
10:50 pm
(sfx: video game vehicle noises, horns beeping,) (engines revving, cars hitting one another.) (sfx: continued vehicle calamity.) just think, he'll be driving for real soon. every new chevy equinox comes standard with chevy safety assist, including automatic emergency braking. find new peace of mind. find new roads. chevrolet. this isn't just a walk up the stairs. when you have an irregular heartbeat, it's more. it's dignity. the freedom to go where you want, knowing your doctor can watch over your heart. ♪♪ welcome to allstate. ♪ ♪ you already pay for car insurance,
10:51 pm
♪ why not take your home along for the ride? ♪ allstate. here, better protection costs a whole lot less. you're in good hands with allstate. ♪ shady sheriff's office in omani county new york filed a criminal complaint against former new york governor, andrew cuomo, accusing him of the misdemeanor of forcible touching, the criminal complaint alleges under cuomo, did knowingly, and intentionally committed the class a misdemeanor of forcible touching on december 7th, 2020, at the governor's mansion. the sheriff's complaint noted, a person is guilty of forcible touching one such person intentionally, and for no legitimate person forcibly touches the sexual or other intimate parts of another person for the purpose of degrading or abusing such
10:52 pm
person, or for the purpose of gratifying the actor sexual disguise. >> a lawyer for andrew cuomo said tonight quote, governor cuomo has never assaulted anyone. a criminal summons has been issued for andrew cuomo to appear in court on november 17th, and joining us now, is jimmy bill, kevin governing the reporter from the state capital in albany. there is a little confusion today, about what this legal filing actually was, the district attorney apparently didn't know that the sheriff had done this but does this mean that the governor, former governor, definitely will be appearing in court on november 17th? >> that is right lawrence. it was a little bit confusing to have the sheriff moving at a different speed than the district attorney, who would normally be involved in charges of a higher magnitude than you would expect, particularly
10:53 pm
against a high profile individual as andrew cuomo. the summits is returnable on the 17th. lawyers who are spoken to expect that the governor will appear and be arraigned on the charge at that time. and until then, what this does is take allegations that have emerged first in the spring, were substantiated over the summer in a report by attorney general letitia james, and are now leading to the first criminal exposure for the 63 year old former third term governor, there is still other counties with prosecutors looking into various instances of alleged harassment that could have criminal exposure. and we also know that there is a probe into the potential misuse of resources pending in the attorney generals office. so there are several clouds still hanging around andrew cuomo even more than a month after he has left office. >> attorney general, letitia
10:54 pm
james, issued a statement tonight saying that the criminal charges brought today against mr. cuomo for forcible touching, further validated the findings in our reports, and of course it was the attorney general's report that ultimately forced the governor to resign. >> that is right. and this has a political context as well, the wall street journal, and other outlets, have reported this week that miss james herself is close to announcing a bid for governor. according to people familiar with the matter, she has spoken with several key labor leaders, about her intention to announce a bid and one of her campaign advisers confirmed that she had made a decision, they would be announcing it in the next several days. for the last several weeks, former governor cuomo has been undermining and attacking the attorney general august report, saying that the whole thing was politically motivated, and even claiming in a letter to political supporters, that he had been forced from office by
10:55 pm
an inside job, that essentially, upended the will of the voters. miss james of course says, the criminal charges, and if there are other validation's that come from an outside report are expected by the new york state assembly, as proof that her offices effort was without fear or favor and above the influence of all politics. >> jimmy vielkind, thank you very much for joining us tonight, we really appreciated. >> thank you. >> tonight's last word, is next. t word, is next coricidin provides powerful cold relief without raising your blood pressure be there for life's best moments with coricidin. now in sugar free liquid. ♪ limu emu & doug ♪ got a couple of bogeys on your six, limu. they need customized car insurance from liberty mutual so they only pay for what they need. what do you say we see what this bird can do?
10:56 pm
woooooooooooooo... we are not getting you a helicopter. looks like we're walking, kid. only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪ wealth is your first big investment. worth is a partner to help share the load. wealth is saving a little extra. worth is knowing it's never too late to start - or too early. ♪ ♪ wealth helps you retire. worth is knowing why. ♪ ♪ principal. for all it's worth. bipolar depression. it made me feel like i was trapped in a fog. this is art inspired by real stories of people living with bipolar depression. i just couldn't find my way out of it. the lows of bipolar depression can take you to a dark place... ...and be hard to manage. latuda could make a real difference
10:57 pm
in your symptoms. latuda was proven to significantly reduce bipolar depression symptoms and in clinical studies, had no substantial impact on weight. this is where i want to be. latuda is not for everyone. call your doctor about unusual mood changes, behaviors, or suicidal thoughts. antidepressants can increase these in children, teens, and young adults. elderly dementia patients on latuda have an increased risk of death or stroke. call your doctor about fever, stiff muscles, and confusion, as these may be life threatening... ...or uncontrollable muscle movements, as these may be permanent. these are not all the serious side effects. now i'm back where i belong. ask your doctor about latuda and pay as little as $0 for your first prescription.
10:58 pm
♪ darling, i, i can't get enough of your love babe♪ ♪girl, i don't know, i don't know,♪ ♪i don't know why i can't get♪ applebee's. now that's eatin' good in the neighborhood.
10:59 pm
and there you have it- applebee's. woah. wireless on the most reliable network nationwide. wow. -big deal! ...we get unlimited for just 30 bucks. sweet, i get that too and mine has 5g included. that's cool, but ours save us serious clam-aroonies. relax people, my wireless is crushing it. that's because you all have xfinity mobile with your internet. it's wireless so good, it keeps one upping itself. programming note for tomorrow night, here on msnbc, a 10 pm, you can and should and must watch the peacock original film, civil war, which was produced by brad pitt, henry lewis case junior and others. it is a brilliant film about
11:00 pm
america's history of slavery, the civil war, the aftermath of the civil war, and how all of that lives with us today. that's tomorrow night 10 pm eastern, right here, on msnbc, watch it, recorded, watch it again. i will be watching it for the second time tomorrow night. it really is that good. you will learn a lot. i certainly did. that is tonight's last word, the 11th hour with brian williams, starts now. >> well good evening once again day 282 of the biden administration, the president arrived in rome, about two hours ago for the first up of a five day european trip, president had hoped that by the time he landed, the house would've voted on his bipartisan infrastructure bill. but tonight we learned that vote has been delayed again. right now, the earliest it could take place is next week. no one to blame here but the democrats. this morning biden visited