polling john fetterman is ahead of the trump endorsed republican senate candidate mehmet oz by four points. tonight, on the 11th hour, stephanie ruhle we'll have an exclusive interview with pennsylvania senate candidate john fetterman. that is tonight's last word. the 11th hour with stephanie ruhle starts now. ruhle starts now >> tonight, my exclusive interview with democratic senate candidate john fetterman. his first since having a stroke. he talks his health, his state, and what he's doing to troll dr. i was on the internet but out on the debate stage. but then, breaking news, as the trump team responds to a blistering justice department defence in case of top secret documents at mar-a-lago. plus, sarah palin loses a special election and democrats pick up a house seat in deep red alaska. -- 68 days. as the 11th hour gets underway

on this wednesday night. good evening once again, i'm stephanie ruhle. -- john fetterman, his first tv interview since having a stroke. an update on his health, and how his campaign against trump back doctor oz is going. but we start this evening's broadcast with breaking news in the vesta geisha at mar-a-lago. the next phase of the battle between the justice department and donald trump will take place in a florida courtroom tomorrow. both sides will appear before a trump appointed judge ian mckinnon. she will be the one to decide whether to grant the former presidents plea for a special master to go through those documents that were seized in his florida home. just a few hours ago, his legal team filed its response to the department of justice's objections to having a third party review those documents, citing the need for, quote, independent attorney client privilege assessments and

executive privilege determinations. in a court filing revealed at this very hour last night, the justice department said a special master was not needed and revealed a whole lot of damning new evidence against the former president, including this image of top secret and sensitive documents, which the government says, it seized from inside trump's office. we will get more from our own kelly o'donnell. >> the department of justice, in a court filing, lays out serious allegations. in stark new terms. that government records were likely concealed and removed. and that efforts were likely taken to obstruct the governments investigation. the doj alleges team trump provided inaccurate information when they turned over 38 classified materials at a june 3rd meeting. citing this declaration, we are in a named trump associate, swore that to diligent search was completed to locate any and all documents subpoenaed.

however, the fbi developed evidence that dozens of additional boxes remain. then, august 8th, the day of the search, the fbi found, over 100 unique documents with classification markings, including three classified documents that were not located in boxes, but discovered loose in desk drawers in the 45 office. pointing to the gravity of secrets, the doj said, some fbi counter intelligence personnel and doj attorneys required additional clearances to even review the documents. >> while trump appears to be facing serious legal jeopardy, two of his lawyers, evan corcoran, and christina bobb, could come under scrutiny from the department of justice on their own. the new york times reporting they're likely to become witnesses or targets in the federal investigation. with that, we have got a lot to get to, so let's get smarter, with the help of our lead off panel. yamiche alcindor joins us, nbc news correspondent and

moderator of washington week on pbs. professor melissa murray of nyu law school. she was a law clerk for sonia sotomayor on the federal bench before her nomination to the supreme court. and her dear friend, jeremy peters, reporter for the new york times and author of the new book insurgency, republicans lost their party and got everything they ever wanted. melissa, walk us through this. trump's legal team has now made their move. break it down for us. >> so this is, again, a little bit better than the initial filing that they made before judge cannon. but not much better. it starts off by arguing that there is appropriate jurisdiction here, because the president does have standing and the argument seems to be that, because the presidential records act has no enforcement mechanism, there was no reason and no enforcement mechanism for the government to remove those documents for mar-a-lago. of course, this leads aside the fact that when the government will cover those documents from

mar-a-lago in the search and seizure effort, there were actually acting under a search warrant that identified several other statutes beyond the presidential records act. those are not mentioned in this filing at all. the filing also notes that it is not going to get into any of the doj's notes about the timeline, the back and forth between the trump administration about the recovery of these documents. aboand indeed, about the doj's bombs that they dropped last night that many of the documents might have been part of a mission to be removed or to obstruct the investigation going forward. all of that, the trump attorney say, they're going to leave to the side. that is quite a lot to leave to the side, even as you are asking for the court to appoint a special master. and so, judge cannon will take this up tomorrow in that courtroom in florida. and the question will remain -- if there has already been a review of privilege, that thus far, by the fbi -- what is the need for the special master going forward? i'm not sure the trump team has

adequately made the case in this filing. >> melissa murray, in the last hour, neil catchall said, this move by trump's lawyers, -- it's not a legal filing, it's a -- filing. >> a lot of the filings have more like ranch than typical filings. i will say that this one is marginally better than the special filing for the special master that was made for just cannon. but again, as i said, when we talked about that earlier filing, it was pretty shoddy. so, the bar is really on the floor. and this is slightly better. but that is [inaudible] >> yamiche, trump has been all over social media for the last few days. easiest a window into what is going on in his world right now? just bang, bang, bang, bang, bang, bang, bang, as he is watching cable news and watching avoiding lawyers cross? >> i think that is a good summary, stephanie, of what is going on right. now talking to people close to president trump just watching the way he is dealing with this. he's continuing to deal with

this legal issue as a public relations issue. i, mean you have seen this sort of evolution wherever he's calling it a hoax and saying that this was all made up, and then when the actual pictures coming out showing the documents, he's then trying to mislead everyone by saying, well, really this is the fbi's trying to make this even worse, as if make them laying out the documents somehow proving some malice on their part when in fact this is just really what law enforcement agencies do. we have seen this, if anybody who has ever covered policing or drug busts, this is what police. do and now we have seen the president, former president, donald trump, now sought today, will they took this out in cartons and the documents were there. again, admitting that these documents were there, these classified materials were there, i think that it is gonna be very interesting to continue to see how the republican party and allies of the president trump feel about this. because as the evidence comes out and as it becomes even more clear of the sort of accusation that former president trump is facing, it seems as though that this is really going to be morphing into an even more of a legal problem even though when i talk to people here closer

present of the top republicans, they don't feel that this is going to be so sort of really serious thing that is going to somehow politically hurt him to the point where he is going to be the leader of the publican party -- but of course everything is still unfolding as we speak. >> some republicans might think that but others not so much. former bush advisor carl rove was on fox news earlier tonight, and i want to share what he said. >> let's be clear on this. none of these government documents are his to have taken. i agree with the deputy director, that said that a lot of the former presidents problems of his own creations. you cannot [inaudible] presidential records act of 1978, you can't take original documents out of the white house with you when you leave the white house, whether the president of the united states or any of his aides. note, it's for bowden, or the law. >> that appeared to be karl rove on fox news, making the department of justice's argument. is his support starting to

crumble over there? jeremy peters? >> i think within the republican party, no. let's not forget who karl rove is. he is a bush republican. and i think that under the bush rules, which were normal presidential rules, where you abide by the standards and the norms of the office and you have a respect for the office and a respect for the rule of law, which the president does not, that is exactly what you would expect to happen. of course, president bush -- both bushes gave back the documents they were supposed to give. they never took them out of the oval office of the white house in the first place. but president trump has so obliterated the norms in the expectations that his supporters and most republicans now have of a president that i really don't think cholera of's words matter much here. he can sit there in aspen and talk about this egregious wrong

that president trump has committed. but it really doesn't matter to his voters, to trump's voters, and to most voters in the republican party at this point. and if he were to be indicted for these documents removals, which i don't think we see is a real possibility at this point. i mean, it's a theoretical thing. but in the georgia case is probably much more serious for him. even if he were to be indicted, on either one of the things, what does that do? either one ofthat just superchs momentum going into the republican nomination in 2024. his voters don't care about what laws he is broken. they see him as a victim because he tells them that is what he is. and i just think that this is the reality we are dealing with. we are not dealing with laws and norms and ethics. we are dealing with his --

the way he has presented himself as a constant victim and somebody who is perpetually aggrieved. >> yes, but of course, there are not enough of those trump voters to have kept him in office. if they were, he wouldn't have needed to steal any documents and bring them to his house in florida. he would be living in washington. and no surprise, trump's biggest allies are doing what right now? bringing up hillary clinton. i want to share our own harley jackson has more on that part of the story. >> some conservatives have suggested that mr. trump should be held to the so-called clinton standard, arguing if hillary clinton was not prosecuted for her handling of classified information, mr. trump should not be either. >> i will take, it in terms of the results. >> but experts say, this is not that, for several reasons. for example, the fbi at the time cited a lack of effort to obstruct justice. >> we do not see those things here. but in mr. trump's situation it is complicated. >> that investigation of miss

clinton's over. so, we know the facts. this investigation of mr. trump's ongoing. so, there's plenty of stuff we don't. no >> yamiche, just from what we don't know. the doj evidence seems a lot more damning than what we saw on the hillary clinton situation. are his supporters really going to roll out about her emails again? >> they are certainly going to do that. and certainly are doing that, stephanie. and i think that crystallization of what is going on here is that line from hallie jackson's reporting when she said, this is not that. that underscores where we are. this is not hillary clinton's email. this is, according to these files, much more serious. that being said, as you know, as jeremy just, said trump's supporters are going to do what trump supporters do, which is rally round him, they're going to want to make sure that people think that he is continuing to be a victim. i am just fresh off of a trip to california where was interviewing some republicans.

and actually, the ones that i talked to, they were against former president trump, they were saying that he was problematic, that he is a part from the document issues -- he's lying about the 2020 election. but they also acknowledged to me, stephanie, that they are an anomaly in this party. this party is a party that is absolutely still taking and led by donald trump and what you see there, on social media, what you see there, in conversations with republicans, who are close to the president, east and continue to make the case that hillary clinton is a villain, that former president trump is in fact the one who democrats are just targeting, that the doj and fbi are targeting because they don't want him to run for president, again. when reality -- we'll evidence there real probable cause, at least according to the doj, to go into mar-a-lago, and then -- cover, at least by the county, these classified documents. this is not that. but republicans will continue to make that case. >> and republicans have yet to make any argument as to why he

had any of these documents to begin with. melissa, let's talk about trump's lawyers. because it sounds like some of them could be in trouble. politico is reporting that one of his returnees attorneys signed a sworn statement for the new york ag that she had [inaudible] any of these records before the fbi search took place. and obviously, there was a lot there. what kind of trouble could she be in? >> a lot will turn on her state of mind, stephanie. if you did this and made that statement with the knowledge that this is not the case, obviously, that is a really big problem for her. if she made the statement based on information that was provided to her and she misrepresented inadvertently, that is a different story entirely. but right now, we don't know what their state of mind is and that means she is likely a target, if not a possible prosecution. certainly, as a witness to what went on there. if, invest is, a target of the doj and they're thinking about prosecuting her, for --

-- i think it's very unlikely -- to go to jail. that may mean she is in especially right target, to be flipped, doesn't as a cooperating witness for the government. so, her legal jeopardy not only present jeopardy for her. it extensively presents legal jeopardy for the former president. i'm going to underscore, i've been saying this all day. mcgee is not make america great again. it might actually be making attorneys get attorneys. and that is what we have seen here. making attorneys get attorneys. as always, every election, every year, every controversy, lawyers going. every damn time. you nichelle sender, jeremy peters and our favorite lawyer, melissa murray, thank you so much. when we come back, john fetterman, he turned down doctor oz for a debate. but he said yes to a sit down with us. his first national interview since his -- three months ago. and later, another trump

endorsed candidate, sarah palin, goes down in alaska. a big up skate as democrats pick up a seat they hadn't had in decades. we'll ask our political experts to ask what this means, as the 11th hour just getting underway on a busy wednesday night. a busy wednesday nit.gh a monster was attacking but the team remained calm. because with miro, they could problem solve together, and find the answer that was right under their nose. or... his nose. new astepro allergy. no allergy spray is faster. with the speed of astepro, almost nothing can slow you down. because astepro starts working in 30 minutes,

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but, there is a lot more to john fetterman than that. the six foot fetterman is still on the recovery track after he suffered a stroke just days before winning his primary back and me. and now, his opponent tv doctor mehmet oz, is trying to use that to his advantage. >> i've said all along,, as a physician i have tremendous empathy and compassion for how challenging it is to bounce back from a stroke. i offered john fetterman numerous opportunities to explain to me how i could make it easier for him to debate. but, at this point since it's giving numerous reasons for not showing up, including the fact that he didn't have time in his schedule, i am up the opinion that he's hiding his radical views. >> well, i asked doctor mehmet oz if you'd like to sit down for an interview, and he did not say yes. but john fetterman did. and i spoke with the lieutenant governor and his wife giselle just a few hours ago, take a look. >> john and gisele, it is good to see you both. john, you and i know one another relatively well, but we haven't seen each other, we

have been spoken since your stroke back in me. how are you feeling? >> yeah. i am feeling amazing actually. the truth is that i actually feel much better than i have felt in quite a while, honestly. that is the truth. i am walking four, five miles every day. and making sure that we're taking all the medication that doctors prescribed. and just actually feel fantastic. >> gisele, john has credited you with saving his life. was there ever a point over the last few months, maybe even today, where you're saying, why are you running for office? focus on your health and our family. >> no, i mean, i waited to see what the doctors thought, you. no i'm not a doctor. the doctors all said that he will make a full recovery and that he is more than fit and in shape to do this and take this on. i always thought, if you have

the ability to make lives better, it is your duty to do so. and i have seen john make lives better, so many times. and i think that's what he's supposed to do. so i support him. and yes i did save his life. and i will never let him forget that. >> she did save my life. and i -- that's the truth. she recognized that i was in the middle of the stroke. and even at the time, i was still committing to wanting to go to a campaign event. but i am just so grateful, not only that i survived, because i was close to a top stroke facility, i was able to get there quickly. and that has allowed me to survive, and to be, not running a very successful campaign as a result. and, the only lingering issue as every now and then i will have auditory processing. i might miss work every now and then. or i might mush two words together. but that is really the effect

of it right now. >> does that mean you're having any neurological problems? i mean, to not be able to hear a word here and there, one might think that there's other problems besides just that. and it's connected to something more serious. >> it is just that. it's just basic auditory processing. and i'm expecting to have a full recovery over the next several months to. remember that just a little over three months ago i was in a stroke that nearly would've ended my life. but unfortunately, i was [inaudible] to the hospital. i guess, to remind everybody that my health now is robust. and i'm able to live a normal life. driving, going to the grocery store, not looking for crudités. but, you know, nobody can really see a difference between the life that i'm leading. it's just the fact that every now and then i'm going to miss a word or much to together. and that continues to get better and better. >> yes and i think -- >> yes?

>> sorry, i was going to say, in the other american family that has a health crisis the only difference is that we've had to heal through it very publicly. we >> republicans, you're opponents they're making the argument that you're too sick to govern. you said, they think it's funny to mock your recovery. how do you convince voters you could do this job? >> first their approach, i always just would say, desperation is the worst cologne. and they understand that dr. all this campaign is in shambles whether you look at the polls, you look at the fundraising. they just figured out, let's appeal to folks that get their jellies we making fun of the stroke to. and again, if that is your story, tell it the way you got to. but he really should own those words. and he should just acknowledge that, as a doctor, you are going around making fun of somebody that had a stroke.

and when you look around, and realize that there's pennsylvanians all across the state that have serious health crises in their home life, and i don't think anybody would want to doctor in their life making fun of them or laughing at their circumstances. but i just happen to have a doctor in my love to do just that. >> you turned down doctor oz's invitation to debate. what made you come to that decision? and do you think he'll debate him before the election? we >> again, as i just said, it is just a sad approach at this point, because they are trying to not focus on the condition of their campaign right now. and when they want to get into a serious conversation and really talk about having a debate i'll be happy to engage in that. but right now the fact that they have chosen to have a deeply unserious campaign to

just ridicule somebody that is recovering from a stroke. >> take me to the campaign trail. what are voters telling you is their top issue? because just a couple of months ago it was all about gas prices and inflation. and we -- some people said it was the problem from hell for the president. today, what are you hearing? >> what i'm hearing is that what they are so glad to see is that i'm healthy and that it's going very. and it's astonishing that just a few days ago we were in mercer, county and we had 450 people there. it's just remarkable. and i think everyone is excited because they want a genuine actual pennsylvania resident. and somebody that actually understands what all the important issues are. and people understand what's really at stake at this election right now. and now, with doctor oz, just being caught saying that every abortion is murder and right

now there's a stark choice between us not to. and i think people understand that now to. >> do people in pennsylvania understand that? because to your point, doctor oz has flipped flopped on abortion. but now, he is saying it is murder for those who believe life starts at conception. doug mastriano is running for governor. he is against all abortions, under any circumstances. do pennsylvania voters know that abortion access could become an issue? >> nobody really knows what doctor oz believes. i don't even think doctor oz knows what he believes. here is an individual that was fine over 1 million dollars for selling magic diet pills. so if you're willing to sell those kinds of products and swindling people out of their money who knows what they really believe. because, right now it's very clear that this is a very blunt,

important election. but we stand on the right side that i believe a majority of pennsylvania voters understand. >> besides what doctor oz stands for and what he's offering how do you serve all pennsylvania voters? it is a very big state. right, think about western pa in kits for, where the economy was thriving before covid. filled with tech companies and universities. there's probably all sorts of people they're thrilled about student debt forgiveness. 30 minutes outside to beaver county where there's likely voters thing, i just want a good kindergarten. i want to get fifth grade. how do you serve both voters? you've got a complicated economy. people want very different things. >> i just think people need to understand and be able to recognize you know what their lives are really like. and we believe and we know that we actually do that -- and living in western pennsylvania living across the street actually where we're having this interview right now

we're across for me -- you have to understand that we all can't work at google, or we can't all be working at a hospital. we have to make sure that we are making more stuff here in pennsylvania in america. and we have to make sure that we address to an obscene minimum wage. and how can we run it for the senate when you own ten homes and you are not unwilling to waste a minimum wage under -- we all know that doctor oz does live in new jersey. but a simple is important to recognize how can you understand the life of a pennsylvania resident if you have nothing to be able to serve one the has no clue on what life is like living here in pennsylvania? >> but also down the road -- >> take me -- >> -- the red parts of the state the blue parts of the state were not really all that different. parents at their kids go to save school. they want to be able to retire comfortably. they want to be able to raise their families well.

so, we do very on issues. but on the end of the day we are a lot more similar than not. >> yeah. we have always run a very 67 county campaign. we've been to every one of pennsylvania's counties, red or blue four or five different times. and i'm pretty confident that doctor oz hasn't been to every one of the counties because he is just parachuted in less than a year ago. >> are you trying to win that deep red maga voters? if you've got someone who is still supporting donald trump who just this week, said that he should be reinstated as president. or dug must rihanna who is outside of the capital on january six, are you trying to win that voter? know we are not trying to win a red county. i mean this idea that you are going to turn 80, 20 trump kind of county to blue that is not the goal. the goal is to make sure that

we are having the conversation with every person here in pennsylvania. and we are going to do because we have been able to jam up the margin in those as well to. that's the secret honestly. and if you look at the results in the primary as well, out of 54 of the red counties in pennsylvania, our campaign we got more than -- votes in the 25 of these counties more votes than doctor oz in his primary as well. and that's remarkable. and that really demonstrates that one there are plenty people there that appeal to the kind of campaign that we are running. and also demonstrates how very little doctor oz has to offer to allow these -- as well >> one thing that you are winning it before we go is trolling. hard-core trolling. social media trolling, using new jersey using snookie to go after all. it's obviously entertaining it's getting a lot of attention. but does any of that matter to voters who care about their day today lives? >> absolutely. people do understand how it is

very important. how can you -- if you can't recognize a life here in pennsylvania how on possible can you go to d.c. to make a life in pennsylvania better? and also the kind of campaign we run is very it's never nasty. gisele is always very inspiring in that way to. it's always kind and we only traffic in truth. whether you're looking for crudity's or talking that doctor oz lives in new jersey. >> but if there was no fun in pop to -- politics my politics would just be completely unbearable. so we really are trying to normalize kindness in politics. but fun. we have to have fun doing this. and i think that we're doing it in a way that's kind. and is really drilling on messaging. and it's also reaching a demographic of folks who have not been engaged to vote and to participate. and we're bringing them into our team as well.

>> yeah. and however how nasty doctor oz continues to behave, we are not going to respond with the same. and we're just going to continue to running the kind of campaign that we've always been running in all of 67 counties here in pennsylvania. >> well it is good to see you both and good to see you in such good health and on the road to recovery. >> thank you so much, thanks for having us. >> it's so grateful to be here. thank you so very much for having us. >> and while doctor oz did not agree to sit down for an interview with me, he will be joining the former president in just a couple of days on the big stage in pennsylvania. how is that going to play out the voters, when the 11th hour continues. s. of cash back. are you gonna stop me? uh-oh... i'm almost there... too late! boom! earn big time with chase freedom unlimited with no annual fee. how do you cashback? chase. make more of what's yours. joe biden and democrats in congress

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let our injury attorneys help you get the best result possible. far-left, john fetterman, is ♪ the barnes firm injury attorneys ♪ ♪ call one eight hundred, eight million ♪ too far left. he is dangerously liberal on crime. >> doctor oz in his gucci loafers is attacking on crime. doctor oz wooden last two hours here in -- >> as you just saw, crime is one of the biggest issues on the pennsylvania senate race. and both candidates are hoping that will help move the needle. the latest emerson college poll puts fetterman in narrow four percentage point lead. for more, let's bring in john allen, senior national politics reporter for nbc news and george stevens, veteran of the mitt romney and george w. bush presidential campaigns. now with the lincoln project. stuart you have worked with all

sorts of campaigns over the years. i got a close look at john fetterman. what do you think? >> i think it would be a great camping to work for. they are having fun. and people -- it's not a bad sign of who is going to win the campaign, as to which candidate date isn't during the campaign the most. people like that they're doing well. and when things are going, well clearly they, are and the fetterman campaign. look i think you've got to hand it to these the campaign him, they're telling us what the guy is. he's not trying to change himself. and a particularly matches -- who it's just this sort of cartoon character of somebody who has no idea why he's running other than just sort of -- ambition and can't articulate any policy which is a general problem republicans have. and i'm beginning to realize, they do not have any policy in this campaign. >> yes, john fetterman is not changing who he is. that guy was a hooded

sweatshirt 365 days a year with shorts. john i want to take me to the state of pennsylvania. because when i think of p a i think of western pennsylvania rust belt. i think of mainline philly suburbs. so explain the republican calculation to go so hard-core antiabortion. whether it's doctor oz or doug mastriano. is that what pennsylvania voters want? >> that's a great question stephanie. let me just compliment you on that interview. it was a fantastic interview from the perspective of news. and also it was interesting to watch fetterman. i've covered the senate for about 20 years and i would say he would be the upper actual on the terms of the ability to respond to questions of senators i've watched over that period of time. as far as pennsylvania goes look most voters in pennsylvania don't think that there should be a total ban on abortion. which is a position that doctor oz has taken. and took it mean -- now he's trying to change that position. that is seen as extreme by most pennsylvanians.

the vast majority and -- as it is by the vast majority of -- voters. the question is on the tables now before the dobbs decision there's a question of whether abortion should be legal in most cases based on the supreme court ruling. now that's been reversed. >> stewart, donald trump has already endorsed doctor oz, trump supporters are going to be trump supporters until the end. oz joining trump on the stage in the next few days, is that a good thing? because this is the time when there are independent voters that are up for grabs. and trump's only gone one direction, farther to the right. >> yeah, look, this is the fall scene bargain that oz made. well the whole republican party made of trump. and what people forget -- he not only takes your soul he doesn't deliver on what he promises. so you're gambit you're do whether you're inside the trump campaign. if you avoid, trump looked terrible and you know how attack you.

so you've got to show up. and you've got to forgot. this is an ideal setup for what democrats wanted. they wanted as in -- they want to put in trump on the ballot. they want this to be a referendum again on donald trump. donald trump said we should have another election. well if this was where we had another election. trump would get killed. i, mean it wouldn't even be close. so it's a terrible position that republicans are in with trump. they know what they're trying to deal with the technically here and there. but trump isn't going to go away. he wants this campaign to be about him. and he wanted to be a referendum on himself. and that's what he's trying to make it, it's hurting all these candidates. >> he's not going away. but maybe some of these candidates will remember, he didn't have enough supporters to win an election. both of you gentlemen are going to stay with us. we're gonna take a quick break, but when we come back, it's another lost. connected to trump this one sarah palin. it means a major democratic win in a very, very red state.

more on that and a very bad week for the guy who endorsed are. when the 11th hour continues. 1th hour continues moderate to severe eczema still disrupts my skin. despite treatment it disrupts my skin with itch. it disrupts my skin with rash.

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the first native americans -- the first alaskan native ever. jonathan allen and stewart stevens still with us. john huge upset in the very red state of alaska. what's your take care? >> well, number one, huge news for the democrats as their second straight special election in competitive environment, which they were supposed to be feeling headwinds. where they. once of new york 19th district just last week. and now you've got alaska. of course you've got a different voting system now right choice. and another big take away from this is that rank choice voting system really gives voters the ability to reject the candidate that they like the least. and in this case it was sarah palin. and, so it will be interesting to see whether that system is adopted elsewhere. and again we're gonna see these carrots on the ballot in november for a full term. so we will get another look at the new democrat-palooza palin and make vega. but for the short term they

work for the democrats tonight. >> steward before the dobbs ruling, med were out registering women in alaska,, 3 to 1. after the ruling that flipped women were up seven. and we saw a surge in new democrats registering to vote. what does this trend tell you? >> yes you know i don't really think we've seen anything like this that i can remember in politics for supreme court decision is having a big impact politically across the board. there was a significant shift in the generic both,, democrat versus republican that occurred after the ruling. i think if one of these cases were in previous elections and this makes sense that a lot of the energy and the abortion movement is those who are against abortion. so now we have roe v. wade who has been repealed. and the energy is now shifted. you can't just look at the percentages. so more people approach your

spin not. is this something that you are making your vote depended upon? it's the third thing you get in analysis in polling. and when you're beginning to see, i think that more and more voters are being driven by this issue and i think that's overwhelmingly gonna favor democrats in this election. >> john, earlier in the show jeremy peters was talking about how powerful trump is how the party has blinders on. and they're afraid of him. and they continue to follow him. do you think that is still the case? because look at this race. another trump endorsed candidate gone down. his legal problems are only getting worse and we're watching republican candidates in the number of state start scrubbing these abortion policies off with their platform as though it never happened. what does that tell you about where the party is? >> there's a really catch 22 stephanie for republican candidates. if they go against trump there is a reasonable likelihood that they would be defeated in primary. and they could benefit from

being with them. but then they get to the general election as trump candidates and they're being rejected by general electorate. so basically what they can do is get themselves into the general and messed up -- mess it up in the general. this is terrible news for republicans in terms of how the body moves forward with the leader that is toxic to the majority of americans. >> stuart as long as i have to hear i do want to go back to trump for a moment at the mar-a-lago search. and really merrick garland. given everything that we have seen and we don't know all of it already. at this point, if merit garland does not charge trump then what? how will we look at the doj? >> hey look i have no idea. i think what's happening here though is a slow process of restored confident in the basic institute of a civil society. and that is what trump and the republicans have attacked. they've attacked the judiciary. they've attacked the fbi. they protect law enforcement. they've attacked the election

system. where the assistance is somebody who's willing to lose, and they're not willing to lose. so you know ultimately something like the accent of the justice department should be boring. it should be slow. it shouldn't be big and dramatic. and i think that garland is restoring that faith slowly. i have no idea i think anybody would be cutting themselves for any i did this is going to end up. but i think that it is clear that is a thoughtful careful process that the justice department is going through. >> there to be boring. we should be so luckily. boring could be good. we could all use that right about. now >> john allan stewart stevens always good to have you. always good to see. you >> thank you. >> when we come back just when you start to think it is time for the big finale a serena update when the 11th hour continues. continues. chase freedom unlimited. so i got cards for birthdays, holidays, graduations, i'm covered for everything. which reminds me, thank you for driving me to the drugstore.

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and the final set when she had to be. >> the last thing before we go tonight the comeback queen. the everything queen. you know we could not end this program this evening without an update on serena williams and her historic u.s. open. run the 40 year old tennis legend continued her winning streak and her career tonight beating the second ranked

tennis player in the world in a hard-fought three set battle. celebrities pack the stands yet again this evening for the serena show. including another queen and her own right you just saw her on the screen, the great dion warwick. and if she was seeing a little prayer for serena, it definitely worked. here's what serena had to say about her career -- >> you are taking your time, of all being away from tennis. >> yeah. >> what do you say about that? >> you know it's no rush here. i am just -- i'm loving this crowd and -- [applause] oh my goodness, it's really fantastic. there's still a little left in me. we'll see we'll see. >> i don't think i've ever seen tiger woods smile that big. and, i would say that there is more than a little left in serena.

and we'll actually see it -- will all catch serena playing doubles tomorrow night with her sister venus. and after that we will see you right here at 11. and on that note we wish you all a very good night from all of our colleagues across the network of nbc news thanks for staying up late with us. i'll see you at the end of tomorrow. tomorrow do you remember this issue of time magazine? it says it is from march of 2009. it has donald trump on the cover, underneath the caption, trump is hitting on all fronts. even tv. there is another capture below the headline. the apprentice is a television smersh. that magazine cover reportedly hung on the wall and at least five of donald trump's golf clubs at the beginning of his presidency. there is just one problem. it was not real. as washington reporter uncovered in june of 2017, donald was not on the cover of time magazine in march of 2009