called and asked kisser by the former president. >> i am for ohio. i don't kiss anyone's asked like him. ohio needs an ass kicker, not an ask his are. >> ohio isn't -- gets tonight last. where the 11th hour with stephanie ruhle starts right now. now. tonight donald trump's lawyers are part of the mar-a-lago investigation. the former president is pushing new falsehoods about the documents he admitted to taking. racist language from several republicans this weekend, plus some big city leaders. antisemitism from kanye west plus, russia target civilians in ukraine killing dozens, and cleaning children after a bridge that was putin's pride in the clandestine attack president biden's response as the 11th hour gets underway on this monday night.

good evening, i'm alicia menendez. federal investigators may now be turning up the heat on members of trump's legal team. those documents are stashed at mar-a-lago. christina bob spoke to federal investigators on friday. in name two other lawyers who investigated the case. nbc news also reported -- and trump's possession had been returned to the government. it has been nine weeks since the trump of -- there's still no explanation as to why he took the documents and what he intended to do with them. the new york times is reporting on one possible plan. the time said since late last year, trump told his advisers he would return the records if the national archives handed over material that he believed would discredit the fbi's 2016 rush investigation. trump never pursued the idea.

this weekend, trump again spread the false claims that those white house records are his. even though they are not and will never will be. >> i had a small number of boxes in storage at mar-a-lago guarded by secret service. it is safe. they should get me immediately back everything that they've taken from me. it is mine. they took it from me, they broke into my house. >> according to the presidential record access, the documents belong to the american public and their managed by the archives. the january six committee holds what may be its last public hearing. the d.c. police officer attacked during the riot has released audio of a private meeting he had six months later with kevin mccarthy. he can be heard with how the

insurrection will be investigated. >> i agree with you but the problem is political. and involved in a political movement. it was right wing elements of american society. i was mobilized by politicians. that is just a fact. >> there's much more on what that audio reveals later in the hour. and with that, let's bring off our lead off powell. pulitzer winner from washington post. washington correspondent for the new york times le pen. the relentless rise from presidential authority and secrecy and a former acting solicitor with a administration. i want to start with you and

your thoughts on this approach pressuring trump's lawyers. >> someone needs to keep running tally on how many trump lawyers are facing legal liability at this point. it's getting hard for me to keep track. i have a feeling that there are more to come. i think what we learned today is that this lawyer has been talking to the federal investigators. and what she said is essentially hot potato. she said i'm not responsible, i just certified with another lawyer told me to say. she has a problem with that and then she also is certified in that document that she was a custodian of records. it does look like she might have been out of the loop on what information was it was not kept at mar-a-lago. that was the responsibility of another lawyer. and now, federal investigators are gonna talk to that other lawyer. this is where i think donald trump has to be really worried. they first talk to christine

and bob, she pointed the finger at this other lawyer. and now the investigators of talking to him. he very well may point the finger back to donald trump. so, this is all one way to try to get at this question, was donald trump responsible for all of these stolen documents showing up at mar-a-lago? they suspect the answer is yes, we all know the answer is yes. investigators are doing everything they can to dot the eyes and cross the t's before making that really great decision, do you indict a former president tonight it states? >> neil, i appreciate your idea of an ongoing count to the number of lawyers here who have legal exposure. it's like that election countdown clock that we do. except for the numbers go down they go up. what is the potential legal liability for the lawyers? >> as a lawyer you don't have immunity from criminal prosecution you do have

privilege with a subject to the principle which is known as a privilege. if you as -- here it does look like he was facilitating a crime, not refusing it but a federal request to turn them all over. you've got nothing here. this is what miss bob said, they wouldn't gonna search warrant and then they executed the search warrant. they found hundreds upon hundreds of highly sensitive documents. many were classified on the outward markings on some of the sensitive ways our government has. >> charles, your colleagues at the time was reported on what

was essentially suggested that trump was suggesting to him being workshop interval ideas. what more do we need to know about this one? >> i don't think you need to know that much more, as you say we're accustomed to it. it's a moment of -- it went nowhere because it was a stupid idea. i have the stuff that doesn't belong to, me i'll give it back if you disclose these things that the just apartment in the fbi did not want to make public at the end of the administration. raising concerns about sources and methods russia and confidential sources so trump's been chasing the notion that the russia investigation, the real one which was entirely a hoax. it was with the steele dossier

and so forth. it was a subject of a trial. it seems it was an idea he threw out there, and it was ridiculous. >> so we have a documents case and nothing is being said about what is happening just those to go. potentially serious cases, your sense about how much this is weighing on trump. how much of this is a presidential run? >> alicia it is weighing on him considerably as he holds these rallies these investigations are clearly top of mind for the former president and michael is at the washington post have been reporting on how much this is all gnawing at him and consuming his attention it is

worth keeping in mind that there are developments in those cases as well. we learn to the george investigation that cassidy hutchinson who is the aide to mark meadows made major headlines when she testified at the house investigation committee. she has agreed to cooperate with the george investigation and she knows conceivably all the details about mark meadows's trip down to georgia before that special election and it should have been privy to some of the communications that trump had with meadows in terms of trying to pressure change to resolve in the state of georgia. >> anything else you want to know from cassidy hutchinson if you are from georgia? >> i think that is the main thing basically who is saying what to whom right around the

time of this george and pressure and she does seem to have a front row seat to a lot of the chaotic and potentially criminal behavior that was taking place in the white house during and up to january 6th. >> so neil, philip referenced former president speaking at the rallies at one of those rallies. >> he said he has a small number of boxes in storage. >> does that make prosecutors jobs easier? >> yes i mean if i'm a prosecutor i just want donald trump to keep on going to these rallies and keep on admitting that he engaged in various federal crimes. i mean, there is no exception for a small number of boxes alicia. you don't get to take some home and say that you left some back at the office. it doesn't work that way. he is basically admitting a crime there. and i think his defense is

something like i declassified them in my mind which isn't my knowledge of defense under the federal law perhaps the most important thing is that the three criminal statutes that have been isolated and looked at by the federal judiciary, none of them require classification of the documents. they just require sensitive information. and or the documents. it's like nine weeks since donald trump house or to mar-a-lago has been searched. he hasn't provided any explanation whatsoever. so what he was doing with those eric hasn't had a choice. he's got to indict. the only explanation trump has the january six committee holds its next hearing thursday. it may be their final chance to

convince the public. we've heard a lot about connecting the dots, your sense of how they're gonna do that? >> well certainly the case that they need to do something to regain momentum. they were really capped in the public's attention, setting the narrative they sort of fell off the map in there's a variety of reasons for that. among that the mar-a-lago broke open. we have been talking about, this is sort of turned everyone in that direction. they have trouble getting going again. there was the chance to regain the spotlight and try to move it with some extent. their case with donald trump, we still don't know if they're going to succeed it's looking

like more and more difficulty. we know for sure whether that's gonna happen. we don't know if there will be other hearings after this one. we also still don't know if they're going to try to pursue to kevin mccarthy and january six of other decisions to make for the big ones. symbolically, it's whether to formally recommend the charges. >> i realize there is framing in the last question that the idea that the work the committee is for the american public. that is for one audience member that they're looking for. the other of course is garland, what are your thoughts on what it is there going to be doing as they try to communicate to him? we are now months out for

midterms, how much are we gonna be hearing about election integrity? >> phil? >> it's important to keep in mind that this is not a criminal proceeding. and it's not an investigation. but the congress members are doing, they are investigating the public eye. it is effectively a political investigation. they are trying to surface information. they've done a very good job at that. it's looking to get their work done before january and before they get the majority of the house that's when this committee could effectively become disbanded because it is unlikely that they will have a republican majority of the

house. they will want to keep this committee going. so, they are feeling the pressure to get all the information they have gathered out into the public arena. they very much winneshiek thinking inside the justice department. they know the attorney general has investigators, prosecutors et cetera have been following this house investigation very closely. they want to leave effectively a trail pride comes for garland to be able to follow. potentially, being able to charge the former president was suspect at the end of the day this house committee is going to recommend. >> i've got about 30 seconds left, but i have so many investigations questions surrounding trump. what are you looking for next? >> i think it's not a trail of bread crumbs that the junior six committee is left. i think it's like a factor at this point. that's really what i'm looking for and looking for the justice department to pick up where congress left off in the

investigation. so the law enforcement when it's a fact finding one. they've uncovered so much stuff that we didn't know last year during the impeachment. there's a lot of criminal behavior here wielding the justice department in the criminal prosecution. >> thank you so much for getting us started, coming up kevin mccarthy isn't the only republican in rewriting history. he is the latest caught trying to tell that story to january six. alabama senator is accused of quote, flat out racist remarks. the only republican accused of that language tonight. the 11th hour just getting underway. to help keep you both effortlessly comfortable. our smart sleepers get 28 minutes more restful sleep per night. don't miss our weekend special. the queen sleep number 360 c2 smart bed is only $999. ends monday.

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knew. you are fighting for hours, and hours an hours. >> i don't know that he didn't know that. >> and that recording according to testimony, the former presidents but hours, hours watching the violence unfold on television. they waited hours before taking any steps to try and in the

riot. with us tonight, democratic strategist was a senior aide in the biden harris campaign. a political contributor matthew dowd is a former strategist and founder of country over party. after the riot he isn't blaming him in this audio, what's going on? >> a very great ones do what kind of leader mccarthy's. he did say that after the january 6th insurrection, he immediately flew down to mar-a-lago to sort of neil at the king of mar-a-lago and basically took it all back. since then he is not done anything to hold donald trump accountable. this is such a lens into mccarthy and the type of leader he is and the type of leader he isn't.

it is such a prism and the republican party today, which they will do anything to run away from with the truth that we all see with our eyes. >> adrian, you have republicans running in the lead up to this midterm on law and order. if they appear to have aided and abetted trump which led to january 6th and on top of that, mccarthy sitting down having a meeting with someone who actually has service law enforcement. he is just lying to his face. how are they getting away you to have it both ways. >> alicia, the question is whether or not they're going to get away with this. the jury is still out on whether or not the republicans will win back the house. they don't back the, senate the margins are gonna be much smaller than they typically would be as history shows in the year when democrats have a full control. but i think matthew is exactly right. what we are seeing here is hypocrisy at its finest.

it is ascending to the ultimate level of power if speaker of the house. we will do anything to make it happen. this is not the first time we've had audio of him going back at his word when it comes what happened on january six. it's also not the only republican that backtracked and was concerned about trump's role in this. very blatantly, publicly stated. they thought trump stood on this. we don't think they have as much to do with this. obviously, what these guys don't realize is that we listen to their words. we have them on camera or in private recordings. whatever manifestation that may take place, ultimately the question is is it republican care. it will probably gain control of the house. it will elect kevin mccarthy speaker. he is assuming that he will play this state that he will be

elected speaker. that is his main goal. >> in tonight's ohio senate debate, he tried to go after his component for cozying up to team leaders. we want to know what we heard this morning. >> if chuck schumer -- >> would be a pain in the rear and to him to. ohio needs an as kicker have not kisser. >> your thoughts on that line or? >> he delivered it well and with the course of the someone i met years ago when he launched his book who had some level of authenticity. now it's completely abandoned. it's in pursuit of power. like many other republicans, they know there is no integrity

or character in the course of this. i think tim ryan has laid this erase. no one thought it would be that way. ohio is aiming republican state these days. he made it into a race. i hope the democrats want to win this, they help find tim ryan. if they want to win this race, tim ryan is running as good race, he is complete charlatan. >> so much swirling in the atmosphere, economy is top of mind for a lot of voters. roe is on peoples minds. you look ahead to what is probably the final january 6th hearing. do you expect to see more surprises? do you think what happens on thursday we'll have an impact on with terms? >> alexei i always expect october surprises going into november. i think we will see more things come out. this comes down to where

independent voters, where to swing voters stand. we know what happened with donald trump is on the ballot. i think to an extent you will see this happen again. it's a 63 supreme court for the foreseeable future. that is where we see independent voters come down to this. i also want to say one thing, he's a friend of mine, he has run incredible race. he has race records, tons of money. a lot of us to believe that he can pull this off and julio. huge feat for democrat. we've got other races like georgia, north carolina. we're seeing democrats start to work in some of these races. he's not doing as well as you could be in the midterms.

the republicans have buried themselves. it is in that iqbal. >> in the final weeks, the october surprises are what we are watching for. matthew dowd, thank you so much. before we go, some big news here at msnbc. the first two episodes of msnbc's newest original podcast series. it presents ultra. it is out today. it tells the true story of how american stream-ism was supercharge during world war ii. the stories are more now than ever. we're gonna look at the podcast coming up. senator is now one of several politicians facing criticism for ugly rhetoric. this weekend it wasn't just politicians. on the 11th hour continues. continues from over 200 indoor and outdoor allergens, day after day. feel the clarity and make today the most wonderful time of the year. live claritin clear.

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politicians were heard santa clara part out loud. democrats were alabama senator tommy tactile. >> they won't cram, they are pro crime. they want to take over what you've got. they want to control what you have. they want reparation because they think the people that do the crime -- >> at a different rally, georgia's retailer decided to promote the racist rape theory. >> joe biden's 5 million illegal aliens are on the verge

of replacing you, replacing your kids in school. coming from all over the world, marie they're also replacing a culture. >> marie that is not great for america. >> republican dog is facing backlash for antisemitic comments. there's artist once known as kanye west. he has been temporarily banned from twitter. and instagram first antisemitic post. l.a. city council members were forced to apologize after the l.a. times obtained audio. today, the president of the council resigned from her leadership post. we welcome britney cooper, associate professor of women's and gender study, also african cities rocker university. a columnist for the l.a. times. brittani, we could talk about any single one of these stories. but when you look at them in

the aggregate and the fact that they've all come to light over the course of a single weekend, what does that tell you about the moment we find ourselves in? >> marie tells militia, the republican party is running on a platform of racism. essentially what they're saying is they have nothing to offer to the american people in the live economics, social programs. on the way of dealing with bread and butter issues. they are appealing to their base and saying that the democrats may be helping with student loans. they might be helping with any number of other things. they are doing it for everybody, that doesn't include you. you are still white. being a white person should matter in the world marie that is really dangerous rhetoric. we should not let them off the hook for the way in which they are also stoking violence as a

way to reinforce their message. it is very deliberately. have the cautionary tale of january six. they know what can happen from this rhetoric. at this point, it is wholly irresponsible for them to be able to do this. they are doing it deliberately. they are doing in line with the early 20th century playbook that says, if nothing else works for us, appeals to white power and appeals to our ability to use violence to get what we want. that is what they are doing. we have leaked audio it's anti black, anti indigenous comments and coming from latinos. a reminder of how much work there is to do in our own communities. >> absolute powers, it corrupts absolutely. if you have latinos who have long rightfully claim discrimination, pulling what our press just did. have we advanced as a society? hearing the great replacement

theory, this is what people have been saying athletes he knows in americans in the southwest for decades. they called it reckon cisa. yes he's council members talking about, how can we get more latino power? how can we block out black, political power and los angeles. and in the process, that's mcclusky nose and indigenous folks said that there are small and again all of that. it sets back our reputation so much in los angeles. now that people like marjorie taylor greene, tuberville's say -- c, we told you show, we told you so. by the way these latino politicians -- they're democrats, they're on the liberal wing of the progressive party. when my own party is doing it, we can see with the cynicism -- can see ben. when you hear stuff like, that i can see why latinos and say well you are tapping into our

darkest imagination. let's just go become republican instead. >> and some of what we are seeing is to sit at these elections. i'm going to come back to you,, britney i want you to hear what they said earlier on this network, take a listen. >> a black manchurian candidate, like herschel walker. a walking stereotype will do their bidding. i mean damn, what are we gonna finally leave this behind? i'm gonna try to be an actual democracy? >> republicans, tom cotton, rick scott campaigning for walker tomorrow. are they just okay with this? >> of course they are. we can't let kanye west off the hook. he's also participating in the stereotype of being a black male supplicant to white power and the same with herschel walker's. this is who they need black meant to be like i said on

twitter. this is the kind of blackness that works for the republican party one that is going the other way. i think until the truth alicia. these folks don't want democracy is what they want as white rule they want white power and unfortunately because of how we understand history in this country for a very long time folks could have white power and call it democracy while it was excluding black folks, latino folks from the body politics and now because we have tools at our disposal we are able to say that we are part of we the people and you can't have a real democracy unless you include us is when confronted with that truth being decimated by hitler fact

that we know this, i money is on white power as a solution for the future of america when we know how devastating consequences are hard to stomach if you are a person of color because these folks are saying that we actually want the future to not include you at best and at worst if it does include you we want you to be clearly legally and practicing lee subordinate to us, they do not want democracy. this is what they are voting for. >> i will later on to that analysis more he said history and that is what we saw happen in el paso and i always feel complicated about playing sound from rj taylor greene, i think it's important for context here which is arguing we don't have to ask whether or not she knows the consequences of that language, we have all seen and live through the consequences

of that rhetoric gustavo. we have been living this in california people like to think of california as a progressive state, the california way as gavin newsom says this is a very racist state this is something i've written for a long time. it's so racist that we discriminated and included white american citizens calling them okee's, that's how racist to the core there at it's all about power at the end but what happens and people of color in those positions of power, they are continuing that that was happen anytime people of color get power, if you talk about this i know it's like our forefathers are supposedly try to make it a living and breathing experian, if you see how it actually played out it's

a nasty way of doing things. ethnic groups fighting for each other now that latinos are majority in los angeles county a plurality i would hope that our leaders would want to act better than our previous oppressors but as you saw with the audio that you have, some of them are not. so what does give me hope is the younger generation of politicians activists saying no we do care about democracy, but let's make a democracy for everyone. let's make real democracy, you know thank you both so much their biggest escalation in months targets civilians and they will determine what happens next when your top options with a four star general in the 11th hour continues.

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battlefield and russia takes it out on the peaceful residence of ukrainian citizens, the targeting of civilians is a war crime. >> a war crime they training ambassador to united nations is far from the only person making that accusation tonight. hours before delivering that speech some of the ambassadors own family members were killed, as russia carried out missile strikes on cities across ukraine including kyiv targets

included civilians with infrastructure is no military value to russia following saturday's -- lie could occupy the crimean peninsula to russia, let's bring this u.s. army general a decorated combat veteran and a former commander in the persian golf these attacks on civilians sure looked like revenge and ukraine's recent military success your sense with how much worse this could get. >> it's hard to say i think the russian army is failing, it's incompetent. the generals are getting sacked the fighting battalions are brutal and disciplined people, the ukrainians have been enormous tactical gains in the last several weeks and i think putin's in trouble. he's botched an economically and politically his few options days threatening the use of nuclear weapons. it's nonsense it's hard to

imagine how you would actually tactically apply a nuclear device in this kind of a war. it just as an astonishing state of affairs ukraine from the start has been a target of a terroristic campaign against civilians tens of thousands of civilians have been killed or injured its infrastructure has been savaged millions have fled as refugees. the russians have objected children and people that were held back into russia. it's an absolute criminal violation of international law. >> as these recent developments have folded there's been a new interest in the global community's response that president biden pledged to have her defenses your sense of that is gonna go. far enough the secretary of defense and the international contact groups have done a remarkable job in putting

advanced technology weapons into the hands of ukrainians. never mind the humanitarian assistance and economic persistence. nato has come together it's been a spectacular success story and the president is under pressure to not widen the war and not to push putin's buttons where he might react with weapons of mass destruction i think the time for caution is behind us. we need to give the ukrainians the tools to defend themselves not just from their defense but an attack into the muscle to reach out nearly and it's rushing the control the logistics but we probably need to give them them one advance tanks so they can have a technological overmatched to the russians the russians still have the preponderance of

combat power. and naval power so i think we have to step up to the challenge of it and get needed a push more advanced technology to the ukrainians. >> i've got a minute left to the question the leader of belarus says he will be a deploying troops along with russia has significant is that. probably not too significant i think the fact that he would give a staging area to russian military units is even more important belarus is a welfare state so the most impoverished places on earth, small military unit 40,000 reserves they don't to fight ukrainians, there are two volunteer battalions in the fight right now but it's hard to say how this will play out and under great pressure by putin to join in all the other former soviet states have step back and they're not touching

this thing. as have the chinese and the indians support was on a zone and i hope they don't enter the battle it will be a huge disaster for them also. played some of the last crises left thank you for bringing us your expertise coming up she's entering her second week as the nation's very first latina poet laureate. her very timely message on this indigenous day, the 11th hour continues. continues. i tried everything to remove fabric odors, but my clothes still smelled. until i finally found new downy rinse and refresh! it doesn't just cover odors, it helps remove them up to 3 times better than detergent alone! find new downy rinse & refresh in the fabric softener aisle.

our ancestors had power, our ancestors had hope and our ancestors had ambition. born in 1847, formally enslaved, started buying land, was in the house of representatives. we didn't know our family was part of black reconstruction. exactly. okay, seriously. finding out this family history, these things become anchors for your soul.

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tonight, and our national anthem and i was lucky enough to sit down with poet laureate. she's of mexican american descent and she is the first sick honor to hold this prestigious position graciously reciting one of our homes for us. here it is. >> a new national anthem the truth is, i've never cared for the national anthem. if you think about it it's not a good song too high for most of us with the rockets red glare, and then there are the bombs. always, always there is worn bombs. once i send it at home coming even through the tenacious high school band of the key.

the song didn't mean anything just a call to the feel, something to get through for the pummeling of youth. and one of the stands as we never saying. the third about the hiring in the slave perhaps the truth is every storm of this country has an unsung third stanza something brittle snaking underneath us as we absentmindedly seeing the high notes with the beer slashing in the stands hoping our team wins don't get me wrong i do like the flag how undulates and the winds like water. it's elemental investment humbles. it's brought to its knees, clung to buy someone who has lost everything. when it's not a weapon and when it flickers unfolds up so perfectly that you can keep it until it is needed until you can love it again. until the song in your mouth

feels like sustenance a song where the nose or some by even the ageist woods the red river gorge and the fifth full of land left and poisoned. a song that is our birthright. some in silence when it is too hard to go on it sounds like someone's roughing or's weaving into another. it sounds like a match being lit in an endless cave. the song says, my bones or your bones and your bones of my bones. it is that enough. is that enough? i think so, i think it should be. i think it should be. >> the nation's 24th poet laureate to take us off the air tonight and on that note i wish you a good night you can catch me every weekend on american voices that is 60 8 pm eastern

right here on msnbc. from all of our colleagues across the networks of nbc news, thank you for staying up late and i will see this weekend. this weekend. right really happy to have you here we are less than 30 days out now from the election. we have been joined in just a moment here by the man who is in charge of the democratic party's efforts to hold the united states senate and that is quite a job the polling averages ship show right now that the prospects for both parties in the senate are equal as of today and literally if what the polling says today when the matching the vote on election day it will be 50/50 in the senate. so, in terms of control of the direction of the country