think, quite impactful, and potentially quite spectacular. please turn, it's going to be -- but for now, stay right there because all in with chris hayes starts right now. >> tonight on all in. >> this is the most wide ranging investigation and the most important investigation with the justice department has ever endured. >> the justice department speaks out as january six hearing report turned to prime time and a disgraced ex president who fermented a crew, continues to form and crew. >> he would like us to do something different, and i explained is not allowed out of the constitution. >> tonight, what we are hearing about tomorrow's hearing from someone who was inside the trump white house. >> then, the former deputy assistant director of the secret service on why he suspects malicious intent in

the text message purge. plus, rudy giuliani ordered to testify in georgia as we learn more about the targets and the investigation. some epic cringe from the republican senators forced to take a position on same-sex marriage. >> this is such a silly message he built, i'm just not going to test that here. >> why one bad candidate can keep those republican senators from taking control. when all in starts right now. good evening from new york, i'm chris, hate tomorrow night at exactly this time the january six committee will convene its second primetime hearing. we will of course be airing it here live on msnbc including special coverage afterwards. this hearing is gonna focus on the one man responsible for the attempted coup and insurrection, donald trump. and as we head towards that hearing two things have never been clear in my mind. first, that it was trump's plan all along to overturn the will

of the voters and the american public to fire a bullet into the heart of american democracy. to use any means necessary a force if it took that. to install himself as ruler of the united states. second, that is quite literally still the plan right now. and that will mean that in an abstract, sets he still wants to be president. no. donald trump tried this month in july of 2022, to overturn the 2020 election. >> lawmaker describes a new attempt for donald trump, wisconsin republicans to decertify the states presidential results. matt smith is running us not. matt a new account is coming from assembly speaker robin boss. >> austin as we know in a interview upfront, trump called him last week just after the wisconsin supreme court ruling declaring absentee ballot drop boxes illegal in the state. that phone call happening and boss has trump lasted him on

social media. >> was lost him talk to the former president president trump? >> within last week. >> in the last week? >> yeah. >> for after this was? bait >> before. >> what was that conversation like? >> one of those that is very consistent. he makes his case which i respect. he would like us to do something different in wisconsin. i explained that is not allowed under the constitution. he has a different opinion. and he put a tweet. out so that's it. yeah. >> the former president's most recent attempt to pressure wisconsin republicans to decertify wisconsin's 2020 results. now coming after the wisconsin supreme court rule, the use of absentee ballot drop boxes is illegal. >> the court case as you read it does not go back and say what happened in 2020 was illegal. it just has going forward, it can't happen. >> i mean, first of all, how surreal is that interview? the speaker of wisconsin has been like a while he called me very consistent, makes his point that he would like to functionally install himself as the killer for life. you know i said, we can't do it. we discontinued on.

less anyone thinks he is no longer a threat to our democracy, nearly two hours two years after the loss of an election. donald trump is still, still trying to overturn the results. now, on the one hand, this is delusional to a point where one might generally question the ex presidents mental fitness. on the other hand, in a weird way, it's almost rational. kind of makes sense for trump's perspective because he has still suffered no consequences for his attempted coup. let's be clear. we said it many times on the show, donald trump almost got away with it. if he had been able to go to the capitol during the conch insurrection like he wants it, at the head of the armed mob. if he had been able to brown beats mike pence and refusing to certify the results, who knows what might have happened. so yeah, he is going to keep trying. that's what makes the january 6th hearings so important because you have an entire party the republicans, as embodied by speaker boss there. that just continued to politely in donald trump's continued

anti-democratic cravings in this bizarre polite submissive often humanly humiliating way. >> the republican of wisconsin assembly speaker who you just heard were counting the crazy asked trump made last week. said quote, he makes this case, which i respect, i don't expect it, just me. so of course, trump will continue trying because he has not suffered any quantico and says for his continued attempts. and an indictment of the ex president from the department of justice, don't clearly plausible given the facts we already know, not say that he would be convicted or it's a clear-cut place. but plausible. and indictment is quite far from guaranteed. although, take a listen to what's attorney general merrick garland said today which makes it sound like the doj investigation is ongoing. >> central tenet of the way in which the justice department investigates, essential tenets of the rule of law, is that we

do not to our investigations in public. this is the most wide ranging investigation, and the most important investigation that the justice department has ever entered into. and we have done so because this represents -- this effort to up and a legitimate election, transferring power from one in to another, cuts at the fundamental of american democracy. we have to get this right. and for people who are concerned, and i think every american should be, about protecting democracy. we have to do two things. we have to hold accountable every person who is criminally responsible for trying to overturn a legitimate election. and we must do it in a way filled with integrity and professionalism. the way the justice department conducted investigations. both of these are necessary in

order to achieve justice, and to protect our democracy. >> so, that is where the justice department is. we don't really know where they are to be totally honest. without any real certainty on doj and documents and i think that is a completely open question, no one really knows right? and donald trump still calling around hey, can we get an election overthrow? fellas? we are left with this committee. with a select committee, the january six committee, night in and night out, day and and day out, attempted to spell out to everyone just how dire the threat to our democracy was. and will perhaps more personally how dire it remains. now tomorrow's hearing will focus on trump's conduct or the interaction itself. we already know a lot about that. trump wanted to, according to testimony, lead the mob when they stormed the capitol. when the secret service stopped them again according to testimony, he see that he pouted, it's entirely possible that in that moment, he realized, he wasn't going to be able to stay president. because he thought if he could

lead the mob, to sack the capital, then you went. right? of course, that is why he is still trying to overturn the election. tomorrow night, we are gonna hear from two witnesses who both resigned from the trump white house on the six. deputy national security adviser matthew paul injure, deputy press secretary and trump 2020 spokesperson sarah matthews. we actually already seen a small preview of what we might hear from both witnesses tomorrow, as the committee has previously shared some of their recorded closed doors testimony. >> we had all talked about at that point, about how it was that and that you know, the situation was getting out of hands. we thought of the president needed to tweet something and we simply immediately, we all got a notification so we knew it was a tweet from the presidents and we looked down and it was a tweet about mike pence. >> it felt like he was pouring gasoline on the fire by tweeting. that >> the tweet said something to the effect of,

mike pence the vice president didn't have the courage to do what he should've been done. i read that tweet. and made a decision at that moment to resign. that is where i knew i was leaving that day. >> both matthews and pottinger saw the insurrection for what it was, on the, moment in that day. and they joined the leaders of people who provided some of the worst, most cutting characterizations of donald trump for the years, and those are the people who worked closely with him. know him best. had seen him clearly. and had seen clearly was an active danger he is to our democracy. and as long a pattern with donald trump being well january six. i remember that anonymous op-ed, got a lot of attention, new york times, from back in 2018, i am part of the resistance inside the trump administration. where a ban unnamed trump staffer wrote quote, we believe

our first duty is the country, and the president continues tax in the manner that is detrimental to the health of our republic. that is why many trump appointees have vowed to do all we can to preserve our democratic institutions while thwarting mr. trump's more misguided impulses until he is out of office. now that was a polarizing controversial op-ed for a bunch of reasons. whatever you think of the moral calculation embedded in that op-ed, of anonymously blowing the whistle on the president. you believes unfit to serve. while continuing to work for him. it was pretty put that ick as so far as basically how high the trump administration played out, particularly the last 35 days. the last 40 days. right? it up into including january. six as we will hear tomorrow. miles taylor is the author of that anonymous of. at the follow-up a book, a warning. he served as chief of staff at the private of homeland security during the trump administration. he resigned in june of 2019, has since left the republican party. , is now the cofounder executive director of the renew america movements, and he joins

me now. >> miles, it's good to have you want, first i wonder if you could talk a little bit about this perspective that i think we are gonna hear from matt sarah matthews and matthew pottinger tomorrow. of people who stayed longer, much longer than you did. but who on the day had the clarity of exactly what was unfolding before them. >> well, chris, i think the important thing to say upfront is what you alluded to in your opening which is that we knew who this man was. right? we didn't need an insurrection at the united states capital behind me to tell us this was a man who intrinsic impulses were towards illegality and immorality and actions, ultimately that were unconstitutional. that was evident, a year before the insurrection i wrote that even if trump lost, he would not leave quietly or easily. and he was already seeding the narrative that coups where a foot and a civil war was in the

offing. and it was a narrative he was seated first his followers that wood and tragically. and it ends tragically chris. now, look to the mom judgment of how long this day. that's everyone's decision who wasn't there. i went into that administration knowing that it was already a turbulent presidency. and that people needed to go into try to stabilize it. my calculus was, the point at which you realize you were not able to put donald trump's bad ideas back in the box, was when it was time to go. right? one saying no was no longer enough. however, i knew sarah, and i knew matt. both are good public servants. and i am actually grateful that both of those individuals stayed in till the end of that administration. why? because we know that when donald trump replaced people like them, the very last remaining adults in the room, he replaced them with incompetent advisers. you know, that's in particular, i know to be an exceptional national security professional. a former united states marine. and someone that really was one

of the last that he hands on the wheel. i am glad he stayed until when he did. and i am glad sorry state until when she did. but i think is really interesting, and what will be interesting about their testimony, it's not how they describe what's happened. in those 187 minutes. but how they will describe what's did not happen. during those 187 minutes. chris? >> yes, it's interesting, you know, an interesting point. i have very conflicted feelings about it. it's a little like the old philosophy, you, no interest of formal philosophy truly problem. you are sitting there and is a trolley headed on the tracks and it will hit by people on one track, and said on the other. right? so it sort of a question of the least bad option. which is of what's going confronting people that time. am i glad passable only said no? don't do a crew. yeah, good he was there to do that. and to your point, there was another option which is the real bottom of the barrel folks, the kind of pro coup camp, you know peter navarro, and a staffer for instance. this individual guides the

glare, unaware he was in the coup, but i can into it. here he, as i wanna play this for you for a sense of the quality of some of the people that are in that white house. this is the individual apparently lead in that kind of roads gallery to the white house to plot the coup. here he is after giving testimony to the committee tomorrow, yesterday, talking about the committee, take a listen. >> they're bolsheviks, so they probably do hate the american founders, and most white people in general. this is a bolster the stick anti white campaign. if you can't see that, your eyes are freaking close. and so, they see me as a young crusted who they can try to basically scare, right? >> i should note that was livestreamed on this individual telegram after he gave his testimony. this is him in his own words. he would later go on to refer to hutchinson, and some of the other female staffers as disparaging, whole bag, things like that, really nasty disgusting stop. but to your point, for every

thing or matthew polynesia, it was garrett zeigler who is gonna be in there right after that. >> you are absolutely right chris. if gary ziegler wants the site history, i will i'm gonna set history in response. you go back to the 1940s, brigitte kayak wrote a book wrote a book wrote to start from. he won about on how nazism came to be. how to tylee-ism rose in europe. and one of the chapters in his book is titled, why the worst rise to the top. this is almost 100 years ago. he wrote about how garrett ziegler type go from nobodies, to rising to the very top, of these type of administrations and why those people of deficient moral character, ultimately are the ones left in the end. now this was also foreseeable. chris. and again, a year before the end of the administration, many of us were saying that in the endgame, it was as bottom of the barrel crew. this island up and competent child soldiers that were running the united states federal government. that is who was running the united states federal government.

garrett worked in the office of peter navarro. i know peter. peter was the guy that launched a manhunt thinking he was sherlock holmes trying to figure out who anonymous was. instead of being sherlock holmes, he turned out to be the keystone cause because he pointed the finger at every wrong person and ruin people's lives. it was one of the reason chris, that i ultimately said that i need to unmask myself and go all publicly. people need to be saying this in their own names. now look, you can judge sara and that's for waiting into january six to step forward. we can have the recriminations later. but i care about now is that they are stepping up at a moment of truth. and this is where the committee hoped would happen after cassidy hutchinson testified. as it would be the push of a domino to get others to come forward, and this is what needs to happen if we're gonna prevent like this from ever occurring again. >> yeah, i basically agree with you on that point. miles taylor, thank you very much. >> thanks chris. >> coming, up the georgia election investigation continues to pick up steam. a federal judge telling rudy giuliani, he's gotta testify. and even more republicans are

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is down on trump's personal lawyer failed to show up in manhattan, a city where he lives. potential 2020 election interference by donald trump and others. today, that same judge ordered giuliani to appear in atlanta, georgia, before a special grand

jury which is part of the ongoing criminal investigation being led by fulton county district attorney fani willis. this is just one of the many new developments in that election probe. tanya miller is a former fulton county assistant da, federal prosecutor, and is running unopposed for georgia state house. she joins me now. great to have you on. first, the giuliani ruling from new york judge seems like a good development for the fulton county da perspective. >> yes, and i think what's most interesting about that is that he didn't even bother to show up at the hearing. it does not seem like he put up any meaningful fight to have that subpoena actually squashed. no judge is going to squash the subpoena if you don't even show up. explain why you think the subpoena is overly burdensome, or perhaps you are not served by, it or your information is not particularly relevant to the investigation. all the things that are

available for you to argue that you have been subpoenaed, it did not seem like he came to court himself to do that. and so we don't know if the court denied the subpoena based on that, or based upon the merits of the arguments that he could've made. but essentially, what we know is that rudy giuliani needs to show up in fulton county, and appear before the citizens of the special purpose grand jury. >> we have to sitting members of congress who have also received subpoenas. lindsey graham and jody hice, who is a georgia congressman. they both have objected, and moved to object to it, and move to federal court because they think they have federal claims for why they don't have to respond. graham agreed to accept service of the subpoena for his testimony, before the grand jury, but he still retained his right to challenge the wood legality of the court filings. the staff is not simple or straightforward, subpoenaing

members of congress. they're going to have to put a real argument together to litigate this and get this subpoena. >> definitely, chris, this is uncharted territory. for this district attorney, she is a newly elected district attorney. she is a very experienced prosecutor. what's essentially is the federal witnesses, or subjects, or receivers of the subpoena are arguing is that they are entitled to a certain immunity that applies to legislators for what they did when they are legislating. is it official work privilege. the question will be whether or not the allegations that the district attorney is investigating interference in the 2020 election. can they lawfully or legally, or reasonably consider official acts of a legislator? it's an ironic to position to take, and certainly one that a

federal judge will have to decide. in this case, i'm not surprised that they are raising it. i'd be surprised if anybody bought it. >> finally, a big new development on this. this is from the atlanta journal of constitution which is doing great reporting on this. the sham gop electors, these are the alternate electors who are not duly chosen. they face potential charges. court filings on tuesday indicated that all 16 phony georgia republican electors have been informed they could face criminal charges. the phillies with the latest signal that fulton county district attorney fani willis's investigation is circling the gop electors who gathered at the state capitol in december, 2020. that strikes me is a big deal because the federal government is also looking into that. >> this is actually a really big deal. and what i think is most interesting about, it is the issue of the actual target letter. target letters are not often used in state investigations. they are a tool that is primarily used by federal prosecutors when they are

conducting a federal grand jury investigation. in this case, the district attorney has given targets for votes, some of which have already given statements. they claimed they gave these statements under a belief that they were witnesses, and now the da is surprising them by changing their category of target. and perhaps that is the reason why she issued the target letter, to signal to them, listen, whatever you thought at the beginning, when we were starting this investigation, that has changed. this investigation has proceeded forward, and we have gotten new evidence and more information than you would expect. when they're constantly working and investigating. and now you are in a different category. we are giving you this courtesy so that you can talk to a lawyer, you can intelligently decide whether or not you want to serve them the privilege. you have all of the options available to meet with -- perhaps you also want to cooperate in this investigation. perhaps there is an opportunity to explore that. with this is saying to me, chris, and what she said, funny has said, this investigation is

serious, and anyone who thinks that she is not, that this is for show, is definitely not paying attention to what is happening here on the ground. >> i have definitely converted to that vote through her actions and words. tanya miller, thank you very much. >> thanks, chris. >> still to, come a new report on the secret service, they were warned multiple times to preserve the texts and did not do it. i will talk to a former high-ranking secret service official about just what the heck happened, that's next. servic official about just what the heck happened, that's next heck happened, that's next i have two daughters and then two granddaughters. i noticed that memories were not there like they were when i was much younger.all ben [click] put together. prevagen. healthier brain. better life.

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deadline yesterday, failing to produce the deleted text messages subpoenaed by the january six committee. today msnbc news reports, quote, agencies employees receive two, emails at least one part of january 2020 16. reminding them to preserve workers on their cell phones including text messages. before the devices were essentially restored to factually settings, and techs were lost as part of a plan to reset and replacement program across the agency. a senior secret service official tells nbc news that a 30 email sent on 24 2021, instructed agents specifically pervert serve documents related to january six. yet somehow, all of those text messages except one were deleted. whoops. in a letter, secret service notify the committee that it was turning over a single text from january six. a message from the former to

the u.s. capitol police requesting assistance during the attack. the january ex committee released a statement saying, in response, quote, the procedure for preserving content prior to this person appears to have been contrary to the federal records of potential requirements and may represent a possible violation of the federal records act. jim hale miss casey is the former deputy assistant director of the secret service, who served under clinton bush, and obama, and he joins me now. jim, great to have you on, i am anxious to talk to someone who knows the agency. as someone watching this develop, what is your reaction to what we have learned? >> well chris, the motto of the united states secret service is, being worthy of trust and confidence. and in the situation, the u.s. secret service was at odds with the office of inspector general from the beginning. they were very -- training providing any

documents, to which to the point the inspector general had to go up to the subcommittee and complain about the fact that the inspector general was not getting any replies to his request for these documents. and then, the subcommittee sent out a request to the secret service. and telling him to hang on to these documents, and then several weeks later, secret service sends out a message to their agents. to retain these documents. the only thing that they get back is one email, which should be multiple emails. now i've been with the secret service for 27 years. i ran the seattle office which has a large electronics crimes unit. and i understand what the secret service capabilities are. this has a sense of being,

certain degree of malicious intent. and if you have an agency, if you have a choice of malicious intent and being in that, i would do the choose the inept. >> yeah, i mean i guess the question is, if it's a nap, which might, be and obviously i don't know, it's stunningly inept. migrations happen all the time. not just on the federal government. but in all kinds of large enterprises. the first step for any migration is a backup. you know, plus on top of that, there is the federal bureaucracy has records requirements for backing things up as well. and so, if they really just set out a few when i say hey, teresa stuff over everything, and that was it. that's wildly contrary to what the records protocol should be, right? i think he's frozen, i think we might have lost gyms shut, which is a bomb, or i was excited to have james heldman ski on. hopefully we can get him back,

maybe later on this story? we are trying now. but, okay. i'll cut off of his country wet home watching to see if we can work at a frozen strike. let's go to break, and see what we can do next. we will be right back. next next we will be right bac what in the world are you doing? i'm in the metaverse, bundling my home and auto insurance. why don't you just do that in the real world? um, because now i can bundle in space. watch this. save up to 25% when you bundle home and auto. call a local agent or 1-888-allstate for a quote today. - [narrator] it's a mixed up world. embrace the new no rmal or just want to get back to the routines that feel right, x-chair continues to be at the forefront of change, which is why we've launched the all new x-chair with elemax. elemax combines gentle body temperature regulation

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in other news, one of the marquee senate races this november is in the state of pennsylvania, it is between democrat john fetterman, and republican mehmet oz. it is very contested, difficult political environment, it is a swing state. and in this environment where democrats have put up and almost perfect candidate, at least from the perspectives of vibes. this is a guy seen by many as an archetype for the state of pennsylvania. on the other side, the republicans have nominated a multimillion -- he lives in northern jersey, we're not even southern new jersey which is closer to pennsylvania. as people magazine wrote, in this piece highlighting his six bedroom, a bathroom mansion, it has views overlooking the manhattan skyline. in fact, doctor oz is so unfamiliar in the state that he is currently running to represent. a political reporter caught that his campaign misspelled his supposed hometown, writing

sons huntington valley rather than huntington valley. he voted in the 2018 turkish election. appearing in this image, posted on the facebook page, at the new york turkish consulate. that's as recent as 2018. he has been far from an ideal candidate for the people of the keystone state. but here's the thing, fetterman recently, right before the primary, suffered a bad stroke, it took them off the trail. he said in one of his statements that he could've died, his wife told him to go to the doctor. he has had a recovery. during the recovery, he's been off of the trail. he has taken to social media absolutely hammering home the fact that oz has basically nothing to do with pennsylvania. there is no reason for this to be the senator for pennsylvania. a few weeks ago, was posted this video criticizing the democratic mayor of philadelphia. fetterman pointed out that it was filmed in the north jersey mansion.

fetterman then hired planes to fly over the jersey shore, with a banner reading hey doctor oz, welcome home to new jersey. when of made the obligatory philly trip to two cheesesteak restaurants, fetterman burned him by calling it, quote, a right of passage for every tourist. then there is this amazing cameo that fetterman commissioned by a very recognizable new jersey face. >> i don't know anyone would want to leave josie, because it's like the best place ever, and we're all hot messes. but i want to say best of luck to you, i know you're away from home, and you're in a new place, but jersey will not forget you. i just want to let you know, i will not forget you, and don't worry, you'll be back home in jersey soon. this is only temporary. so good luck, you've got this! and josie loves you! >> by the, way the funniest part of that cameo is to imagine that she had no idea it was going to be used in the campaign. it is just a message from my

friend who is from josie. the trolling is nonstop. in fact, today, oz tweeted this amazing image with him and bernie sanders. fetterman replied with this graphic design is my passion tweets. this is just the latest in the campaign to clobber his opponent, who again has no reason to be the senator from pennsylvania. now fetterman says that he is ready to get back on the trail, giving an interview with the pittsburgh post, trying to put democratic minds at ease ahead of november at where his health is at. we'll see if he continues to absolutely roast oz irl, i think the odds are pretty good. i think the odds are pretty good think the odds are pretty good really? this leon's paying for his paint job on the spot... and this leon, as a chase private client, he's in the south of france,

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great many americans support change in their laws. to have them apply to same-sex marriage, and we were seeing the democratic off process operate. >> but you don't. >> i support the constitution of letting democratic process operate. >> pro democratic process senator ted cruz. for years, republican politicians like ted cruz have gotten away for being either for or against marriage equality for lgbtq folks. it's because in 2015 the supreme court quite famously made marriage equality the law of the land, funding constitutional rights for people to marry the person they love. and it was no longer them alive

political issue. and for voters supported by mask of margin 2 to 1, and most of the polls, republicans were kind of off the hook. but now, in the wake of the radical white wing supreme court overturning roe v. wade, and 50 years of precedent, and, crucially justice clarence thomas, explicitly calling to overturn the case that made marriage equality the law of the land. republicans in the senate and the congress are now having to pick a side. because you see yesterday, democrats in the house brought up a bill that would federally protect existing same-sex marriages, make states recognize emerge from other states, and also -- defense act. the pass by big -- to 67 to 1:57. 187 republicans voting against. which means most house republicans voted against it. but again, 47 voters for it. now comes to the senate. why senate republicans are suddenly so squarely on the issue.

>> right now folks are the -- i haven't read that bill of the details and the details are very important. i feel more comfortable asking it after i read the legislation. >> it's a peer messaging bill. it's obviously settled law right now. >> you vote no? >> again, it's such a silly messaging bill. i'm just not going to address it either. >> i'm not answering questions that are about hypotheticals that are just pelosi trying to divide america with culture wars. >> here's a thing, because there is overwhelming support for this, the bill could clear the 60 vote filibuster threshold. it could get ten republican votes and then become law. president can sign it. it's really rare example of what's going on offense unquote, social or cultural issues, looks like. particular lee when you have public opinion in your favor. you press the advantage. and here, other republicans voted against this wildly popular provision, or un trying peoples marriages into law. or, both. yesterday, democratic congressman mondaire jones one of just few openly gay members

of congress, took to the floor to introduce the house bill. in a moving and personal speech. take a look. >> i am one in only nine openly gay members of this body. for me, this is personal. i still remember where i was on june 24th 2011, the day the new york state legislator passed mall marriage equality. i was living with my friends in new york city but i was still closeted. and i was so afraid still that someone might find out the truth about my being day. so is that i close the door to my room and cry tears of joy about my lonesome. finally my home state of new york had recognized me as a human being. affirmed all of those scary yet beautiful feelings that i am bottled up inside for decades. wondering, hoping, one day that the world will change. four years later, the supreme court decision in alberta felt

said the same message stimulates. since obergefell, nearly 300,000 same-sex couples have been married. imagine telling the next generation of americans, my generation, that we no longer have the right to marry who we love? congress can't allow that to happen. >> and congressman mondaire jones who gave that spirit democrat from new york. congressman it's really great to have you, i appreciate what you had to say on the floor. maybe you could stop by responding to senator cassidy's characterization as this bill quote, silly messaging bill. what do you think of that? >> it was nothing silly about protecting fundamental rights in this country. so many of my republican colleagues over in the united states senate have suggested in the past few days that these precedents set by the supreme court are settled. but of course, we know that the right to an abortion was settled law for 50 years. until it wasn't. and justice clarence thomas and his conquered opinion was honest in setting his sights

and the sites of the majority on the supreme court. that far-right 63 majority on the supreme court, another fundamental rights, like the right to manage equality. it's why i am so glad that the house passed my bill with jerry nadler and others last night called the respect for marriage act. >> there is a real possibility that this could pass the senate. but before i get to, that one thing that is striking here is the speed and aggressiveness with which the democrats have moved on this right? this has come together in a few weeks. it seems like an example of seizing the moment, pressing the advantage, doing the thing. how did it come together so quickly? >> imagine that, chris. democrats actually leveraging the power that they have to galvanize the american people, to turnout in november, to make sure that we finally protect fundamental rights in this country. and of course, to your point earlier, we may well get ten republican senators of good conscience to vote for this legislation. i am not counting on it, but i

remain optimistic that ten people, on the republican side, in the united states senate, we'll look back on the progress that we have made, and say hey, we have to recognize the full humanity of everybody. that everyone deserves to live complete lives including members of the lgbtq+ community. and we should be doing this with so many other pieces of legislation, whether it is codify the right to contraception, the right to interracial marriage, and so much more. we should be having, and forcing, up or down vote on this legislation which is precisely what i am calling on the united states senate to do on this, and other bills. >> yeah, the case that you are mentioning, loving the virginia, which found of the constitutional right on the subsidies due process to interracial marriage. griswold, which founded substantive due process rights in the constitution to birth control. a right to privacy. that protects that decision, and that action. these were the lines of cases, notably, not, loving that clarence thomas pointed to as

necessary to be reconsidered. it is interesting to me because you had been a very outspoken critic of the courts. and an outspoken proponents of expanding the court. there's something striking about the fact that four years, conservatives said, this shouldn't be the judiciary. let democratic process decide. and now the democratic process is deciding, and a lot of them don't seem to like it very much. >> and of, course these are the same people who say, let the states decide, questions up on the mantle constitutional rights, even as they themselves, at the state level, enact voter suppression laws. as you know we are facing the worst assault on our democracy since the jim crow era. and so we've got to defeat that voter suppression, by the way but a suppression that is been unleashed by the roberts court itself. >> yes. >> this isn't at the decisions in 2013, striking down the voting rights effort, dismantling -- but it might act which was the crown jewel, greatest legislative achievement of the civil rights movement. and of course, fundamental rights are not up or should not

be up to a vote. if we recognize that rights are fundamental, they should be in trial and recognize, even by the highest court in the land. even ages cheri that has been packed by mitch mcconnell and his republican allies of the united states senate. through for example, denying merrick garland a seat and leaving a vacancy open for 14 months, following the death of antonin scalia, and then of course going back on that same world that he invented, and rushing through the confirmation of amy cohen barrett, as a presidential election was underway. and even ask millions of votes had already been cast. when i just militarization, to add four seats to the supreme court, even my democratic colleagues, scoffed at me for the most part, more than a year ago. but i knew we would find ourselves in this moment, and i am glad that the american people on our side. >> i want to ask you about some of your colleagues votes. then when asked about the senate. but this is really striking to me as someone you talked about the emotional moments, when new

york past marriage equality and obergefell, which i remember very clearly covering unaware, the day that it happened. and as a journalist of a certain age, watching the kind of marriage wars and wars over cultural over gay and lesbian peoples, right to equality. that utah's for republican congressman joined all house democrats and passing a bill tuesday that would write same-sex marriage into law. i do not believe the federal government should infringe upon it and vigils decision about who they wish to marry. congressman john curtis, said in a statement. it is very striking, given the -- saints views on this issue and the position of so many from that state, top four republican congressman from utah, voting with you, and i am just curious how that makes you feel? with assist you? >> it speaks to the progress that we have made as a society. and it also speaks to what happens when you force a vote on broadly popular things. the stuff that democrats hear about and the economy that

works for everybody. protecting fundamental rights. of course, making sure that we still have a democracy moving forward, and to defeat fascism which is increasingly represented by the modern-day republican party. when you force boats like that, you start to pick up some republican support because they know that it is untenable to continue to oppose that by hiding behind the filibuster for example, if you talk about the united senate, but we also know that progress must be fought for and protected. and we got to make sure that we continue to be laser focused on that. so i am calling for additional legislation to be passed, in the united states house of representatives, and we also need to look very strategically at limiting the jurisdiction of uncounted votes in addition call the supreme court of the united states. this is why i have been pushing to strip away the jurisdiction of this court, to review certain statutes, like the women's health protection act, which qualifies roe v. wade. and of course, the respect for marriage act, my bill that passed last night, with joe nadler. >> it'll be interesting to see where those votes are in the senate. microbial coming out and saying

he's gonna vote against it which is interesting, earlier he had said when asked about it that he said it was a waste of time, but i know plenty of great people employed that are present about gas prices. which the top five all-time politician pivot. a congressman mondaire jones, thank you very much for your time tonight, i appreciate it. >> thank you for having me chris. >> that is all in on this wednesday night, msnbc prime starts right now with a minimal holiday inn, good evening eamonn. >> good evening, chris, and thanks for having that conversation as a reminder to footsteps forward, one step back in this country. hopefully we'll continue to move forward on this issue. >> hopefully that's the ratio, exactly. >> exactly, that ratio is sometimes in question. good to see you as always, and thank you to everyone at home for joining us in this hour. it was may of 2018, the pulitzer prize board was announcing the years awards for the most outstanding journalism of the year. they delivered this warning. >> on the political front, i think that it is clear that the