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 why he's daring to troll doctor oz on the internet, but not on the debate stage. then, breaking news at the trump team response to a blistering justice department offense in the case of top secret documents at mar-a-lago. plus, sarah palin loses a special election and democrats pick up house seats in deep red alaska, at least for the next 68 days. as the 11th hour gets underway on this wednesday night. good evening once again, i'm stephanie ruhle. tonight, i spoke with pennsylvania democratic candidate for senate john fetterman, his first tv

interview since having a stroke. an update on his health, and how his campaign against trump backed doctor oz is going. but we start this evening's broadcast with breaking news in the investigation at mar-a-lago. the next phase of the battle between the justice department and all trump will take place in a florida courtroom tomorrow. both soils will appear before a trump appointed judge, alien cannon. she will be the one to decide whether to grant the former president's 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 justices objections to having a third party review those documents, citing the need for a 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 the trump office. we get more from her own kelly o'donnell. >> the department of justice, in a court filing, lays out serious allegations and stark new terms, that government records were likely concealed and removed, and that efforts were likely taken to obstruct the governments investigations. 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, how 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 from mar-a-lago. of course, this leaves aside the fact that when the government recovered 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. and 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 moved 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 is already been a review of political, 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 and last year our, you'll catch all, said this move by trump's lawyers, it's not a legal filing, it's a pr filing. do you agree with that? >> i think a lot of the filings

have been more like rats than typical legal filings. i will say that this one is marginally better than the initial legal filing for the special master that was made before judge canning. but again, i said is 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 the main increase. >> >> yamiche, trump has been all over social media for the last few days. is this a window into what's going on in his world right now? >> just bang, bang, bang, bang, bang as he's watching cable news and avoiding lawyers calls? >> i think that is a good summary of what's going on right now, and talking to people close to president trump and just watching the way he's sort of dealing with this, he is continuing to deal with a legal issue as a public relations issue. you see this evolution wary first he's calling it a hoax, and saying that this is all made up. and then when the actual pictures come out showing the documents, he's then trying to mislead everyone by saying well,

really, this is the fbi trying to make me look worse. as if laying out the documents is somehow proving some malice on their part, when in fact, this is just really sort of what law enforcement agencies do. we have seen this, if anybody has covered policing or drug bust, this is what police do. and we've now seen the president, the former president donald trump, now starting to say well, they took these out of pardons, and these documents where they're. again, admitting that these documents were, these classified materials were there. i think it is going to be very interesting to see how the republican and allies of president trump feel about this. because as the evidence comes out, as it becomes even more clear of these sort of accusations that former president trump is facing, it seems as though that this is really gonna be morphing into even more of a legal problem here. even when i talk to people who are close to present, trump when i talk to republicans, they don't feel like this is gonna be some sort of really serious think that is somehow going to politically heard him to the point where he is not gonna be the leader of the republican 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 show what he said. >> let's be clear on this. none of these government documents are his to be taken. i agree with the deputy director that said a lot of the former presidents problems are his own creation. you cannot do the fed, the presidential records act of 1978, you cannot take original documents out of the white house with you when you leave the white house, whether you are the president of the united states or any of his aides. know that it's, verboten, under 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? >> well, i think within the republican party, no. let us not forget who karl rove is, right, he's a bush

republican. and i think under the bush rules, which were normal presidential rules where you abide by the standards and the norms of the office and you have respect for the office and respect for the rule of law, which president trump does not, that's 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 or the white house in the first place. but president trump has so obliterated the norms and the expectations that his supporters and most republicans now have a president that i really do not think karl rove's words matter much here. like, he can sit there in aspen, and talk about the agree just wrong that president trump has committed. but it really does not matter to his voters, to trump's voters, and who most voters in the republican party at this point. and if he were to be indicted for these document removals,

which i do not think we see as a real possibility at this point, i mean, it's a theoretical thing, but, the georgia case is probably much more serious for him. even if he were to be indicted on either one of those things, what does that do? that just super charges his momentum going into the republican nomination in 2024. his voters do not care about what laws he has broken. they see him as a victim, because he tells them that's what he is. and i just think that this is the reality we are dealing with. we are not dealing on laws and norms and ethics, we are dealing with his interpret, 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 there were, he would not 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 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 that if hillary clinton was not prosecuted for her handling of classified information, mr. trump should not be either. >> i'll take it, in terms of the result. >> but experts say this is not that for several reasons. for example, the fbi the times cited a lack of an effort to obstruct justice. >> we do not see those things here. >> but it mr. trump situation, it's 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 do not know. >> yamiche, just from what we do know, the doj evidence seems

a lot more damning than what we saw in the hillary clinton situation. are his supporters really going to roll out but her emails again? >> they are certainly going to do that, and certainly are doing that, stephanie. and i think the crystalize, the crystallization of what's going on here was that line from haley jackson's reporting where they said this is not that. and i think that underscores where we are. this is not hillary clinton's emails, this is, according to these files, much more serious. that being said, what we do know, as jeremy just said, trump supporters are going to do what trump supporters do, which is rally around him. they're going to want to make sure that people think he is continuing to be a victim. i wish, i was just fresh off a trip to california where i was interviewing some republicans. and actually, the ones that i talked, they were against former president. trump they were saying that he's problematic, that he's, apart 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 taken and led by donald trump. and what you see there on social media, what you see there in conversations with rob lichens who are close to the president, is them continue to make the case that hillary clinton is a villain. that former president trump is in fact someone who the democrats are just targeting. and the doj and fbi are targeting, because they do not want him to run for president. when in reality we saw this week that there's rather real evidence, they're real probable cause, at least according to the doj to go into mar-a-lago. and they did recover, at least by they're counting, these classified documents. so, i think we have to go back to what haley said, 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. political is reporting that one of his attorneys signed a sworn statement from new york ag that she had searched his private

residence for any of these records before the fbi search took place. and obviously, there was a lot there. what kind of trouble can she be in? >> well, that will turn on her state of mind, stephanie. if she did this, and made that statement with knowledge that this was not the case, obviously, that's a really big problem for her. if she made the statement based on information that was provided to her, that she misrepresented inadvertently, that's a different tire entirely. right, now we do not know what our state of mind is. and that means she is likely a target, if not a possible prosecution, and certainly as a witness as to what went on there. and if in fact she is a target of the doj, and they're thinking about prosecuting her for false statements or making false statements to the government, then i think it is very unlikely that she is going to want to be in a position to go to jail over all of this. and that may mean she is an especially ripe target to be flipped as a cooperating witness for the government.

so, her legal jeopardy not only presents jeopardy for her, it ostensibly presents legal jeopardy for the former president. i'm just gonna underscore, i've been saying it all day, monica is not make america great again, it might actually be making attorneys get attorneys, and that is what we've seen here. >> making attorneys get attorneys, as always, every election, every year, every controversy, lawyers when, every damn time. yamiche, jimmy nelson, and our favorite lawyer melissa murray, thank you so much. when we come back, john fetterman, he turned down doctor oz for debate, but he said yes to a sit down with us, his first national interview since his stroke three months ago. and later, a another trump endorsed candidate, sarah palin, goes down in alaska. a big upset, as democrats pick up a seat they have not had in decades. we'll ask our political experts to tell us what this means as the 11th hour just getting underway on busy wednesday night.

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former mayor and right now, the poll leading democratic nominee for the senate from pennsylvania. 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 too. 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. >> 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? >> 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. 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's a very big state, right, think about western pa, in

pittsburgh, where the economy was thriving before covid. do tech companies and universities. there's probably all sorts of people they're thrilled about student debt forgiveness. but 30 minutes outside of beaver county, where there is likely voters saying i just want a good kindergarten, i want a good fit. great how do you serve both voters. we've got a complicated economy. people one very different things. >> i think people just need to understand and be able to recognize, you know, what their lives are really like. and we believe and we know that we have actually done that, very important to. and living in western pennsylvania, living across the street, actually to where we're having this interview right now there's a steel mill, we have to understand that we all cannot work at google, or we all cannot work at a hospital. we have to make sure we are making more stuff here in pennsylvania, and in america. and we also have to make sure that we address to an obscene

minimum wage. and how can we, running for the senate, you own ten homes, and you are not willing to raise a minimum wage of $7.25 an hour. we all know that dr. jha's lives in new jersey, but the symbol is important to recognize, how can you understand a life of a pennsylvania resident if you have nothing to serve, has no clue on what life is like living in pennsylvania? >> but also being on the road -- the red parts of the state, the blue parts of the state, we really are not all that different, right. parents want their kids to go to a safe school. they want to be able to retire comfortably. they want to be able to raise their families. well so, we do agree on issues. but at the end of the day, we are a lot more similar than not. >> and we have already led a very 60, 70 county campaign. we've been to every one of

pennsylvania's counties, red or blue, for five different times. and i'm pretty confident that doctor oz hasn't even been to every one of the counties, you know, because he has just parachuted in less than a year ago. >> are you trying to when that deep red maga voter? if you've got someone who is still supporting donald trump, who just this week said he should be reinstated as president, our doug mastriano, who is outside the capitol on january 6th, are you trying to win that voter? >> no, we are not trying to win a red county. i mean, this idea that you're going to turn an 80 20 trump county blue, that is not the goal. the goal is to make sure that we are having conversations with every person here in pennsylvania. and we are going to, because we have been able to jam up the margins in those as well to. that's the secret, honestly. and if you look at the results in the primary as well, out of 50 for the red counties in

pennsylvania, our campaign, we got more then votes in the 25 of these counties, more votes than doctor oz in his primary to. and that's remarkable. and that really demonstrates that there's plenty of people there that appeal to the kind of campaign we are running. it also demonstrates how very little doctor oz has to offer a lot of these places as well. >> one thing that you are winning in, before we go, is trolling, hard-core trolling, social media trolling, using new jersey, using snookie to go after odds. it's obviously entertaining, it's getting a lot of entered getting a lot of attention. but does any of that matter to voters in their day-to-day lives? >> absolutely, people do understand how it is very important. how can you -- if you can't recognize the life here in pennsylvania, how on possible can you go to d.c. to fight to make a life in pennsylvania better? and also, the kind of campaign we run is always, it's very --

it's never nasty. that's also very inspiring in that way to. it's always kind, and you know, we only traffic in truth. whether you're looking for crudités's, or talking, doctor oz lives in new jersey. >> but if there is no fun in politics, right, politics we just become completely unbearable. so, we really are trying to normalize cleanness in politics, but fine, we have fun doing this. and i think we are doing it in a way that is kind. and it is really drilling on messaging. and it's also reaching a demographic of folks who may not have been engaged to vote and participate. and we're bringing that to our team as well. >> and regardless of how nasty doctor oz continues to behave, we are not going to respond with the same. and we are just going to continue to running the kind of campaign we have always been running, in all 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 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 days on the big stage in pennsylvania. how is that going to play? out with voters? when the 11th hour continues. far-left, john fetterman, is

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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 stewart 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 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 wears 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 pa, 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 in may. and now he's trying to change that position. that is seen as extreme by most pennsylvanians. as it is by the vast majority of voters and americans, the question is on the table, right now before roe is overturned, before the dobbs decision, there is 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 a 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 faustian bargain that oz made. well the whole republican party made of trump. and what people forget about faust, is mr. fossilized also takes your soul, he doesn't deliver on what you promised. so you're damned if you do, if you're part of the, campaign and you're damned if you don't. if you avoid trump, he looks terrible, and he knows he'll attack you. so you've got to show up, and you've got to be. the guy and look, this is an ideal setup for what democrats wanted. they won it, as in 2020, they want to put trump on the ballot. they want this to be a referendum, again, on donald trump. but donald trump says there should be another election.

if this is illegal and, and we had a snap, election trump would get killed. it would not even be close. so, it's a terrible position that republicans are in with trump. they know, what they're trying to deal with it tactically here and there in states. but trump is not going to go away. he wants this campaign to be about him. and he wants it to be a referendum on himself, and that's what he's trying to make it, and it's hurting all these candidates. >> he's not going away, but maybe some of these candidates will remember, he did not have supporters to win an election. both of you gentlemen are going to stay with us. we are going to take a quick break, but when you come backs, it's another loss 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 enjoys her, when the 11th hour continues. 11th hour continues

we are following some very big breaking political news out of alaska. sarah palin has lost a special election for the u.s. house. it is a pick up for democrats. the winner, mary peltola. she will be the first democrat in that seat in decades, and the first native american -- the first alaska native ever. jonathan allen and stewart stevens still with us. john, huge upset in the very red state of alaska. what's your take here? >> well, number one, huge news for the democrats as their second straight special election in a competitive

environment, in which they were supposed to be feeling headwinds. where they won. new york 19th district just last week. and now you've got alaska. of course you've got a different voting system now, ranked 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, stuart 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. ♪ ♪ away suitcases come in many colors. so you can find your color. colors. choices. happiness. away. ♪ ♪

online sports betting to fund real solutions to the homelessness crisis. so how will that new revenue be spent? new housing units in all 58 counties, including: permanent supportive housing, tiny homes communities, project roomkey supportive hotel units... and intensive mental health and addiction treatment. in short, 27 means getting people off the streets and into housing. yes on 27. last thing, tonight the

comeback tween. we could not end his program without serena --

oh, my goodness. it's really fantastic so, there's still. little left me . [inaudible] [inaudible]

legal nuclear bomb on the ex president. because he asked them to -- >> punched him in the face and that's what the justice department did it -- tonight george conway and stunning doj filing, and the classified documents recovered from the desk of donald trump. -- then, a pixel by pixel this section of that incredible photo and trove of evidence spread out on the mar-a-lago locked. plus, what we know from the doj filing about who else may have legal exposure. >> they don't have anything. there is just nothing there. >> and the legal political and moral implications about the potential decision to indict the 45th president. when all in starts right now. ♪ ♪ ♪ >> good evening from new york, i am chris hayes. it's 8 pm eastern, and we just hi