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tv   All In With Chris Hayes  MSNBC  March 2, 2016 5:00pm-6:01pm PST

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nominee for president who if he gets sworn in next january will have ridden a cart to the u.s. capital with a man he dismissed as an illegal immigrant, that's if trump gets that far. long before then the party needs to ask itself something more basic, yes, basic, who it wants as our next president? has it no decency? that's "hardball" for now. thanks for being with us. "all in with chris hayes" starts right now. tonight on "all in" -- >> i think we're going to win in november. >> republicans in denial. >> a couple people weren't on the ballot, we would have won virginia tonight. >> and bargaining. >> we may be in a position we have to rally around ted cruz is the only way to stop donald trump. >> and now a growing acceptance that donald trump will be the nominee. >> i am a truth teller and i will tell the truth. okay? >> tonight, why a late fleury from the never trump movement is
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too late. after hillary's big night, jean sanders on path forward for bernie. the story about this ugly video at a trump event. what exactly is happening with chris christie beyond awesome twitter memes? and as the supreme court hears the most important reproductive rights case in 20 year, senator al franken on the republican blockade when "all in" starts right now. good evening from new york. i'm chris hayes. after last night's election results, this much is clear. barring some huge unforeseen event that forces him out of the republican primary race, donald trump will either become the party's presidential nominee, or despite having the most delegates, he'll be toppled by gop leaders this summer in cleveland and could potentially be the messmessiest, most chaot convention in decades. until now for the entire time trump has led the race, conventional wisdom has held the only way to beat him is to
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narrow the field and consolidate the anti-trump vote. now the opposite seems to be true. after super tuesday, the only candidate winding down his campaign appears to be ben carson and many of his voters are expected to go to trump. everyone else is still in it. and while no one of them has much hope of defeating him outright, the party's best shot at stopping trump may be for all of them to stay in the race and split the upcoming votes as evenly as possible. because this is the magic number. 1,237. that's the number of delegate trump needs to lock up the republican nomination. now, if no one candidate gets that number, then the convention gets to choose the nominee. a contested convention. it won't be pretty, but it might just be the gop's only last hope. at least one of trump's rivals is signaling he's ready to fight all the way to cleveland. >> no matter how long it takes, no matter how many states it takes, no matter how many weeks and months it takes, i will campaign as long as it takes and
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wherever it takes to ensure that i am the next president of the united states. >> after last night, trump's lead in the delegate count almost 100 delegates ahead of ted cruz is looking pretty formidable, if not insurmountab insurmountable. less than two weeks from tonight on march 15th, another big batch of states hold their primaries including florida and ohio which both give all their delegates to the winner instead of awarding them proportionately. a lot of delegates at stake. john kasich, ohio's current governor, and marco rubio junior senator from physical. are counting on their home-field advantage but even if they were both to eke out a win, it probably won't be enough to catch up to trump. as president obama's former campaign guru, david plouffe, who knows a thing or two about this tweeted last night, "a reminder unlike in boxing there are no late-round knockouts in the sport of delegate acquisition. fall behind too much and it's over." as of march 15th, 58% of all the
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available republican delegates will have been allocated. it could be basically a whole ball game which is why the fractured and feckless gop establishment is now scrambling to halt trump's momentum in the next 13 days before the winner take all contest. the anti-trump group our principles pac released a new online attack ad today. >> will you unequivocally condemn david duke and say you don't want his vote or that of other white supremacists? >> do you think this will put an end to the so-called birther movement? >> i want to go on to what donald trump said after he said this is out. >> the word is he wasn't a good student and he ended up getting into columbia and harvard. how does he get into harvard? >> that's just code for saying he got into law school because he's black. >> massachusetts governor charlie baker who just saw trump in his home state just became the latest republican official to announce he won't vote for trump in the general election
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even though that state handed trump his largest margin of victory last night. and tomorrow, mitt romney is delivering a speech on the state of the race in which he's expected to make the case against trump. it's a sign of how truly desperate things are gotten that lindsey graham who said this year that choosing between trump and cruz would be like being shot or poisopoisoned, now thin cruz may be the party's best hope. >> we may be in a position we have to rally around ted cruz as the only way to stop donald trump. i'm not so sure that would work. >> you'd recommend that in order to stop donald trump, rally a behind ted cruz? >> i can't believe i'd say yes, but yes. >> tom delay argued primary is only part of it, when it comes to the convention, all votes are off. >> the popular vote is important only in allocating delegates. 60% of the delegate in the republican convention will be picked proportionately. so if trump never gets more than 40% in each state, tonight he'll only get 250 delegates.
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>> so no one has to beat him for him to lose? >> that's right. the delegates get to choose. it is a party function. the party is putting up a nominee. >> i'm joined now by someone who's more than a passing familiarity with that party. rnc chair, former rnc chair, michael steele and msnbc political analyst. all right, michael. let's talk delegate math. nothing lights up the boards like delegate math. >> oh, yeah. >> so here's what we got coming out of last night. it's actually interesting to me that trump's lead over cruz is not massive. right? but the problem there is that cruz has already gotten the big boost he's going to get from the home-state win in texas. so there is no huge win on the board for him to get. is -- first of all, is it possible for cruz to overtake trump in that -- and make up that deficit? >> there may be a pathway for him when you consider that last night what people glossed over and didn't pay too much attention to was the state of oklahoma. oklahoma was the first state in this primary season that had a
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qulo closed primary which means only republicans got to vote, not independents, not democrats who show up to switch and vote. it was straight party line party activists who went out and voted and he did very well. so he can now go make the case in these other states that are coming down the line this weekend and next week that those conservatives have a rallying point, that he has shown both in iowa and in oklahoma, specifically, that he can become the focus for a lot of conservatives. if he's able to do that, he won't necessarily, you know, may not win, he can then begin to pull some of that conservative vote away from donald trump. >> but here's the -- >> that gets us, again, to the convention. everything leads to the conventi convention. >> that's my point. if you're talking about an outright overtake, were it the case that the ideal situation in the field would winnow cruz and truch, i don't think -- >> i agree. >> those states are, even in a wirk
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winnowed field, those states are more advantageous for trump. those are 160 delegates on the board. i can't do the math you end up at a position if trump stays in this barring some crazy unforeseen twist, the only options, go to the convention, take it away from trump at the convention or trump get to 1,237. >> that's basically it. the first option, you know, taking as much away from him as you can starts now. that's what you're hearing rubio talk about, cruz talk about, kasich pinning his hopes on o ohio. their goal is to slow the momentum, slow down the number by which he wins. now, keep in mind that when you go to winner take all, donald trump even if he holds the proportions that he holds right now is still going to win those states. >> right. >> because the rest of that 60-some percent or 58% of the vote is split up among three other individuals so donald trump right now is still in the best possible seat to just win this outright even though you have the establishment types
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trying as hard as they can to take it away from him. >> so let's say everyone stays in, everyone takes their bites. kasich maybe takes a bunch of people in rhode island, in connecticut, rubio does relat e relatively well in florida even if he doesn't win or he wins, he's still going to be down. can you imagine for a moment what that would look like in cleveland if donald trump goes in with the most delegates and somehow the party engineers a way of taking the nomination away from him? >> all hell would break out. it would be armageddon on the floor. i mean, it just -- this is what you're talking about. so the guy that comes into the convention with the plurality of the votes, probably some 200 votes, delegates away from getting the nomination on the first ballot, that you're somehow going to convince his delegates, first off, to move off of him to the guy who came in second, let alone third place? >> right. >> it just doesn't work like that. so now they're trying to roll out the mitt romney carpet to
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see if, you know, by having him come out and make a, you know, give us a state of the election in 2016, i don't know what that's all about because all it's going to do is solidify donald trump's vote. >> yeah. >> because as people tell you, they didn't listen to romney in 2012, why are they going to listen to him now? >> the best thing mitt romney could do is endorse donald trump tomorrow if loohe'd like to slop his momentum. >> i agree. >> joining me, betsy, former dnc chair and msnbc political analyst howard dean who's a supporter of hillary clinton. howard, let me start with you. last night we got this, a little bit of a preview i think of trump in the general. you can start to see the pivoting, real economic nationalism, economic populism, hitting the obama/clinton economy from the left. is that what you're anticipating this general election looks like if he gets the nomination? >> this general -- if he should
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get the nomination, it could look like anything. the one thing you can predict about donald trump, it will be a huge surprise, nobody will have any what he's going to do next which, of course, is likely to scare the hell out of most american voters. >> betsy, there is a belief that is, i think, a genuine belief among the republican political operative class that trump will get his clock cleaned by hillary clinton. is that fair to say that's a kind of widespread consensus view among republican political professionals? >> i think it's fair to say that's a view that has a significant number of adherence. that said, there are some who argue that trump could be the most competitive because he'd drive up turnout and messes up the turnout models. we're already seeing republican primary turnout spike dramatically compared to 2012, last republican contested primary. in nevada, more people caucused for trump than the total number
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of people who caucused for everyone combined in 2012. virginia, more republicans voted in the primary than democrats voted in their primary even though democrats have done really, really well in virginia over the last few election cycles. so there's an argument that we don't actually know how this is going to flplay out. if trump can galvanize, all the people who go to rallies end up voting for him, it won't be a guaranteed win for hillary. >> there's a "new york times" article about this today, a growing theme, something we coughed about the turnout gap. hillary clinton got 3.3 million votes last night. she has a half million more votes total. right? do you worry we're seeing flagging enthusiasm, or the party in power and fewer contestants? >> i don't think it's about flagging enthusiasm at all. and i'm not worried -- i also
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don't think there's any predictive value in looking at the two turnouts. i do agree that we should not take donald trump for granted should he be the nominee. i think he's surprised people all year. we'd be really stupid to think that we're just going to roll over him because he's a nut. you got to be careful of that. you got to take him seriously. and i think -- i think we will and i do think hillary will be the next president, but we've got to -- our battle on our side is not done either, so we'll see. >> yeah, no, that is absolutely true. betsy, glenn beck and erick erickson, sort of floating this idea, take a listen to glenn beck floating a rubio/cruz ticket idea. >> ted cruz as the president, marco rubio, and i think they should announce this and run as this. i think we should begin to demand this. i think this should go all over the internet. >> erick erickson saying a cruz/rubio ticket makes the most sense right now.
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pair up, announce the deal, let rubio win florida, get to the convention and make it so." that strikes me as fan sffictio rather than actual political advice. >> it's kind of adorable, right, the level of creativity and imagination that's going into this. it's actually sort of endearing. think it's fan fiction that there's going to be a "mad max" brokered convention idea. the reality is getting cruz and rubio to magically deflate their egos to put together some sort of unity ticket, good luck, bless your heart, we'll see what happens. the fact is donald trump right now is the prohibitive favorite to be the republican nominee and republicans are to an extent making peace with it because he does drive turnout, because he has phenomenal name i.d. and because perhaps having a wildcard candidate against a fairly predictable democratic candidate might give them a decent shot as odd as i feel saying that. >> howard, if you had to
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predict, i mean, we've seen all these riffs and all these divisions, seen this never trump movement, have charlie baker saying he won't, ben sasse, senator of nebraska saying he'll never vote for trump. what is your prediction about the degree to which people will coalesce behind trump as the nominee if, in fact, that happens? >> i think it will be very problematic. look, i've thought for a long time this is the election which the republicans need to lose for their own benefit. that's going to change the orientation of the republican party. the republican party is heading off a cliff. they say things that are completely alienating to everybody under 35 in this country. >> yeah. >> and in eight years they're going to be 43. this is a losing game they're playing and have to go through this catharsis just as we did when we nominated three people in a row too liberal for the american electorate. this is the election that's likely to happen. >> howard dean. thank you. betsy woodrufp.
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thank you both. after hillary clinton's big wins on super tuesday, bernie sanders says he's staying in until the convention. jane sanders will join me next. later, chris christie and the press conference that broke the internet. what was he thinking? today the supreme court hears the most important abortion case in 20 years. and senator al franken on the fight over the next nominee, ahead. is a coach... an artist... sometimes even a zoologist. every mom is a working mom... and it's working moms everywhere who inspired us to work harder. so we made our banquet meals even better. with mashed potatoes now made with real cream and chicken strips with 100% natural chicken breast. so now, there's more to love with banquet. now serving... a better banquet. when you think what does it look like? is it becoming a better professor by being a more adventurous student? is it one day giving your daughter the opportunity she deserves?
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in this country, so john, we thank you very much. >> fish, of course, got its start in burlington three decades ago and drummer john fishman longtime sanders supporter says he's been following sanders' career since his days as the mayor of burlington. after super tuesday, though, what is the path to victory for bernie sanders? his campaign vows to stay in this race until the convention. next, i'll talk to the top surrogate for bernie sanders, his wife, jane. this just got interesting. why pause to take a pill? or stop to find a bathroom? cialis for daily use is approved to treat both erectile dysfunction and the urinary symptoms of bph, like needing to go frequently, day or night. tell your doctor about all your medical conditions and medicines, and ask if your heart is healthy enough for sex do not take cialis if you take nitrates for chest pain, or adempas for pulmonary hypertension,
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backyard. senator bernie sanders won his home state of vermont plus oklahoma, minnesota, and colorado. sanders campaign was contesting five states. they won four of them. the loss of massachusetts was a disappointment. after a strong showing, clinton speaking from miami, florida, congratulated sanders on his wins but continued to take aim at her likely general election opponent should she win the nomination. >> that work is not to make america great again. america never stopped being great. we have to make america whole. we have to fill in. i believe what we need in america today is more love and kindness. >> sanders in vermont spoke just after winning that state. made clear he's in this primary battle to the convention. >> let me assure you, we're going to take our fight for economic justice, for social justice, for environmental sanity, for a world of peace. >> this morning the sanders
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campaign held a press event to discuss the path forward for their campaign. >> super tuesday, in my view, was, perhaps, the single best day on the calendar for hillary clinton. if hillary clinton does not consistently win in the weeks and months ahead in big states and in small, questions will arise around her candidacy and her ability to coalesce a nominating majority of delegates will be, i think, substantially inhibited. >> the good news and the bad news for the sanders campaign is that all states in the democratic primary race are proportional, no winner take all. candidates get delegate if fro portion to their vote share but must get 15% of the vote to win any delegates. over time, clinton's lead which is now nearly 200 allocated delegates more than sanders will become difficult for sanders to overcome because of the proportional allocation, a lesson clinton learned in her 2008 race lens barack obama. joining me now, spouse of 2016 presidential candidate bernie sanders, jane sanders.
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it's wonderful to have you. what is your feeling about -- >> nice to be here, chris. >> -- the mathematical path forward for the sanders campaign facing now this banked deficit of 200 allocated deficits and the fact that it's proportional all the way through? >> well, we knew the early maps would be harder for us. for several reasons. first, that the people across the country might not be as familiar with bernie as they are with the woman that has been in three presidential campaigns with two of her husband's, and one of her own already. she's well known throughout the world. we needed to introduce bernie. however, the early states have turned out to be at least as good as we had hoped. as you say, it's proportional. so in massachusetts, we had 49% of the vote. the delegate count is going to be just about equal. in vermont where they know him the best, he got a shutout. he will get 100% of the
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delegates because secretary clinton didn't meet the 15% threshold to get any delegates from our state. in terms of the states that we just had with super tuesday, it seems -- i think there are two important things to point out. most of the states that secretary clinton won had low voter turnouts. most of the states that bernie won had high voter turnouts. we know when we have a high voter turnout, bernie does better because the more people that participate in the process, the more they -- his ideas are carried out. the second is that most of the states, just, you know, not all of them, but most of the states are historically red states and are not likely to carry the day in the general election. most of the states that bernie has won are mostly blue states or battleground states and he's won them handily. 10% in oklahoma, 19% in
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minnesota, 20-some-odd percent in oklahoma. >> let me stop you right there, though. >> i think we're looking food. >> let me stop you right there. two things. talking about the red state/blue state. in insofar as general elections are different. it seems dismissive of the good folks in alabama. >> oh, to. >> it's not alabama and democrats' fault that they don't have a majority of voters in alabama. they can't do anything about that except, you know, make more democrats. and that links up i think to a bigger issue here, right, which is there is this stark demographic divide happening in the states that clinton is winning, the states sanders are winning. exit polls showing bernie sanders losing black voters by 85-14, losing in those states with very high percentage of black voters across the south. i mean, it just seems impossible for me for someone to win the democratic nomination in the age
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of the obama coalition who is losing by those margins among black voters. >> well, the age of the obama coalition was 2008. this is 2016 and we'll see either the sanders coalition or the clinton coalition. i think that it's -- you're absolutely right, we need reach the african-american voter better. as i said, they're not that familiar with them -- with bernie. what we've done is try to reach the working class voter, the middle class voter, and not go -- not divide and reach out to individual sectors of the community, the latino community, the african-american community, the women, the men, the young. but we have to do a better job on that. and we know that and we are going forward. i think if you look at the election results of yesterday, you'll see that we were -- we had increased significantly with the latino vote. and in terms of the wide
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discrepan discrepancy, the same discrepancy holds true with bernie against clinton in terms of anybody under 30, whether no matter -- >> there's a huge generational -- >> no matter what race, what ethnicity they are. >> jane sanders from burlington, vermont, if we're not mistaken. thank withdrew very much. appreciate it. still to come, the latest in a string of incidents at donald trump's rallies. the story behind this incident caught on videotape, ahead. by looking at global and local insights to benefit from different points of view. and by consistently breaking apart risk to focus on long-term value. we actively manage with expertise and conviction. so you can invest with more certainty. mfs. that's the power of active management. i've heard it all. eat more fiber. flax seeds.
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perhaps the most disturbing theme of the 2016 election so far has been the incidences of violence and verbal abuse hurled in the direction of protesters at donald trump rallies. over and over again, with increasing frequency, over the past several months, often seemingly encouraged at the podium by trump, himself, these incidents are happening against the backdrop against two other equally disturbing f ining toph. growing list of avowed neo nazis and white nationalists who threw their support behind trump and his flirtation with david duke, former leader of the ku klux klan. >> will you unequivocally -- david duke, say you don't want his vote or that of others in this election? >> i don't know about david duke, what you're talking about with white supremacies or white
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supremacists. >> trump is insisting he does disavow david duke's support, something duke, himself, was asked about on monday. >> he said today finally he renounced you and your support. what's your reaction to that? >> i'll laugh it off, that's fine. look, drup tronald trump, do wh you need to do to get elected because we need a change. >> trump's claim he disavows duke's support hasn't kept white supremacists away from his rallies. yesterday another disturbing incident that brings this together happened at up of his events. several videos taken show a student at the university of louisville over the weekend being pushed and shoved by donald trump supporters at a rally in kentucky. >> get out. get out. get out of here. >> this is what that student said happened to her in an interview posted on facebook. >> i was called a [ bleep ],
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[ bleep ], got kicked out. >> what's your name? >> i'm shya. >> what happened? >> i just got escorted out by the police along with the people at the rally, they were pushing and shoving at me, cursing at me, yelling at me. called me every name in the book. they're disgusting and dangerous. >> thanks to some excellent reporting from "the daily news" we know one of the men pushing that young woman who's wearing a "make america great again" hat is matthew hinbach who confirmed his identity to "all in" today. he's an unapologetic white supremacist and neo nazi. last year he tweeted "guess what, jews, we're back" with a picture of him. he tweeted "donald trump is not bothered being compared to hitler, political correctness is losing its grip on america" with the picture of people hailing trump. earlier today he wrote of the incident, "i'll avoid any additional trump events to ensure i don't become a
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distraction, but white americans are getting fe inting fed up an they must push back or be pushed down." heimbach understands how the game is played, trump will have to distance himself from them and other white supremacists. the fact is trump is their guy and they are sticking with him. a heart attack doesn't care if you run everyday, or if you're young or old. no matter who you are a heart attack can happen without warning. if you've had a heart attack, a bayer aspirin regimen can help prevent another one. be sure to talk to your doctor before you begin an aspirin regimen.
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tim mack tweeted, "going to need chris christie to hold up a copy of today's newspaper to prove this is not a prerecord ee eed hologram hostage video." there were vines featuring "curb your enthusiasm" music and christie standing behind trump with the "arrested development" line, i've made a big mistake. the one-time national finance co-chair for christie's presidential campaign meg whitman called christie's endorsement of trump, "a display of political opportunism." christine todd whitman of christie's home state of new jersey said she's ashamed christie would endorse anyone who's employed the hate mongering trump has. in new hampshire, a newspaper repudiated his endorsement, and an editorial calling for christie to step down as governor opening the editorial with the lines, "what an embarrassment, what an utter
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disgrace." new jersey state senator jennifer beck a republican today called on christie to leave the campaign trail or resign. a new poll found christie's already dismal approval rating in new jersey has fallen from 33% before the trump endorsement to just 27% today. 61% saying they disapprove his performance as governor. the pollsters also asked people to describe christie in a single word and produced this word cloud. you'll see that words, bully and arrogant, are particularly prominent. christie seems profoundly diminished in trump's shadow like a swaggering schoolyard tough who has to defer to a bigger and stronger boy. trump recently heard on a hot mike telling christie to, quote, get on a plane and go home after which christie dutifully walked away. christie calls trump, quote, mr. trump, all which leads us to the question a lot of people are asking right now, what is chris christie thinking? joining me is the man who wrote the book on the subject, matt katz covering christie since 2011.
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just wrote a new book "american governor, chris christie's bridge to redemption." what is going on, matt? >> let me start with this. i know this was very strange for america to see and i know it was very bizarre that he just stood there instead of going back and sitting down after he introduced tru trump. however, this is actually what christie's face looks like when he's standing behind somebody at a podium. i went and looked at all these old pictures today of him being governor and often if he makes an appointment, the person speaks for a few moments, he stands to the back and he has this sort of dour expression, his eyes are darting back and forth. his hands sort of hang low to his sides. and this was kind of what he normally looks like. >> no, this is a classic example in cinema, right, where you set up the shot and then the audience fills in the emotional life of the character, right? the reason that everybody thought he looked weird isn't what he was physically manifesting on his face, it was
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the complete bizarreness of the entire setup of what we were witnessing. >> absolutely. and we were also, like, thinking about the context which is this guy just dropped out of the race two weeks ago. the reason why he lost is mostly due to the person he's standing behind. most of -- much of his inner circle and the people that helped to run his presidential campaign have disavowed christie over his endorsement of trump so he's losing all these allies. so the viewers at home were aware that part of christie's political world is sort of fall apart over this, so i think there was a bit of projection on our part here. >> here's my question, what is the play here? to me it looks like this is someone who's essentially taken a 1 in 1,000 chance to be in a donald trump administration and other than that basically ripped up his entire political future. >> yeah, he's all in. so to speak. i mean, he really -- he's making
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the, what he considers the savvy political move which is i know this guy's going to win the nomination, i'm going to get ahead of everybody else, i'm going to be the first real actual establishment republican with actual governing experience to endorse this guy. i'm going to give him some legitimacy. and then if, for some wacky reason he happens to win the white house, i'm going to get almost any position i want. and i believe that's what chris christie is thinking. people close to him tell me that this is an absolute rational, pragmatic decision on his part. >> you know -- >> but in the -- >> chris christie, it reminds me, he's been around the state so much, people you meet are workaholics and their family life starts to fall apart because they're working so much and you realize the causality runs the other way, they're working so much because they don't actually like being home with their family. christie, it seems to me he hates being in new jersey, he wants to do anything he can to get back out on the campaign trail and not be stuck in trepttrep
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trenton being the governor of his home state. >> there's three pieces of that. first, i did hear he was a little bit antsy in trenton since he got back. the second thing is, new jersey in a lot of ways is a mess, and he doesn't necessarily know how to deal with it and the third thing is, you know, it's kind of easy for him. he's kind of bored with it. he did it for six years. >> yep. >> maybe he's not interested in continuing it. >> that's the way it looks. matt katz, thanks for being with us. coming up, senator al franken on the latest in the supreme court battle, how it could impact a massively influential case involving women's health, ahead. you can even choose a car for them. (mom) honey, are you ok? (child) i'm ok. (announcer vo) love. (mom) we're ok. (announcer vo) it's what makes a subaru, a subaru.
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(pilot talking to tower on radio) once you get out here... there's just one direction... forward. one time: now. and there's just one sound. you and us... together. telling the world... we're coming for you. the first major case since the death of justice antonin scalia. heard the most important abortion rights case in a generation. with an eight-member court, there's a possibility of a 4-4 split. what that would mean for the future of women's health, next. . that's where your friends are. seriously, it's, it's really fine. you don't want to be seen with your dad? no, it's..no.. this about a boy? dad! stop, please. oh, there's tracy.
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millions of rates... answering the question: who has the lowest. go to compare.com, plug in some simple info and get up to 50 free quotes. choose the lowest, and hit purchase. it's fast and easy. compare.com saving humanity from high insurance rates. today the u.s. supreme court took up the most important abortion case in over two decades. large crowd gathered outside the court before oral arguments were
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heard in the case of whole women's health versus tehelerso. imposes strict requirements on abortion providers, a law other states are looking to replicate. the court will be examining whether those requirements constitute a, quote, undue burden on the constitutional right to an aabortion. its decision could have enormous consequences for women across the country. this is the first high-profile case to be heard since the death of jus stice antonin scalia las month and a 4-4 decision would uphold the lower court's upholding of current restrictions. msnbc national reporter erin crimone was there today, she's the author of this book. what has the law done and why is it being challenged? >> the most important thing to think about, more than to years the antiabortion side has been
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trying to bait anthony kennedy into slowly chipping away the right to abortion, not a frontal assault, not saying let's ban abortion, but chipping it away so effectively that it's very inacceptable to most women. they know justice kennedy is uncomfortable with abortion. enter this texas law and many laws like it, it requires abortions take place in very expensive facilities known as ambulatory surgical centers and requires all abortion providers have privileges at local hospitals. in places like texas mississippi, louisiana, alabama, even wisconsin, this can be really hard to comply with. p it's expensive, hospitals say no. the end result in texas, you have 5.4 million women of reproductive age who may be left with only ten abortion clinics. by contrast, california which is the most populous state has about 160. >> we should note, doctors say these regulation aren't done actually -- they're done in bad faith essentially.s aren't done actually -- they're done in bad faith essentially. the doctors are saying we don't actually need these things, this
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is being done to cut off access. >> this is what they were talking about today in the courtroom. they actually say these laws make women less safe because they make it harder to access safe and legal clinics and they say, this is something the liberal justices made a lot of today, they say, in fact, texas already had a very, very high safety record, nationwide abortion is safer than carrying a pregnancy to term. texas, itself, lower than the national average complication rate. many women die of pregnancy-related complications. what was happening in the court today, liberal justices hammering the solicitor general of texas and saying, well, if abortion is safer than a colonoscopy, why aren't you regulating a colonoscopy this way? >> right. >> if you say a woman can go out of state, but they don't have those laws, are you really trying to protect women here? that's something justice ginsburg -- >> everyone focuses on anthony kennedy in these cases because he's a sort of swing justice
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although it's a whole new math right now with four justices appointed by republicans, four appointed by democrats. what happens if the court splits? >> for low-income women who would be primarily affected by these restrictions in texas, mississippi, and louisiana, it doesn't really matter that justice scalia is no longer on the court. if justice kennedy, despite what he said in the past, then the law is going to go into effect, there will be no clinic left in mississippi. three out of four in louisiana will close. all but ten in texas will close. >> now, that will just be for that region of the country. >> it only only be in the region of the country covered by the fifth circuit court of appeals which already said these laws are basically fine. every other part of the country would have a different kind of regime, in fact, in wisconsin, they were deemed unconstitutional. we could get a patchwork or they could kick the can down the road. >> msnbc national reporter irin carmon. thanks. that was clarifying.
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can senate republicans obstruct the replacement of scalia with a trump nomination? senator al franken is here. don't go away. ♪ we do it for the ones who rise before it shines. the ones who labor for what they love. ♪ because at banquet we believe that every dollar should work as hard as the family that earned it. that's why we're making our meals better. like using 100% natural chicken breast in our chicken strips and adding real cream to our mashed potatoes. so now, there's more to love with banquet.
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hearing. the more republicans insist a scotus vacancy won't be filled this year, it means donald trump could pick the next. >> all we want them to do is fulfill their constitutional duty and do their job. and at this stage, they've decided not to do that. they think that they're going to wait and see what president trump will do, i guess, as far as the nomination. >> joining me now, senator al franken, democrat from minnesota, member of the judiciary committee who says mitch mcconnell would set a dangerous precedent refusing confirmation hearings for president obama's supreme court nominee. i wonder how much the awareness in the political world that the person the republican party is likely to nominate is donald trump, that's the person for whom they're holding this vacancy in an unprecedented fashion -- >> well, you know, the prospect of president trump is very
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disturbing to a lot of people, including myself. so much of what he's been saying throughout his campaign is offensi offensive. maybe that will have some effect. the fact of the matter is this is unprecedented. since 2000 -- since 1916, rather, 100 years ago, when the judiciary committee on which i sit started having confirmation hearings for supreme court justices, everyone who's been nominated has had a hearing except for the ones who, either one withdrew, harriet miers, and the other night were all confirmed within 11 days. so this is unprecedented. this is making something partisan out of something that is just in the constitution. we have a vacancy that's caused
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by a death of justice scalia. the president shall appoint and the -- with the advice, consent of the senate. scientists tell us there are 10 1/2 months left in this president's term. he was elected by the people. the people have had their say. they know what happens when you elect a president. he gets to nominate justices and the senate is supposed to do its job. >> well, the argument that mitch mcconnell made in that letter and the judicial committee made is, look, the constitution is clear, advise and consent and they use that word, we are wi withholding our consent preemptively to anyone you nominate. their argument is this is squarely constitutional. >> well, i understand that, but what's unprecedented about this
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is, you know, i guess we don't have to do anything. it's probably constitutional for me to stay in minnesota and not show up here. but that's certainly not the point of bothering to become a senator. >> well, so then the question -- well, that is -- i agree, i mean, that seems persuasive to me -- >> not only that, but they have said things like, you know, we haven't in the last 80 years confirmed a justice in an election year. that's just not true. so in addition to everything else, to just say stuff that ain't true. kennedy, justice kennedy, who silts on the court, was confirmed in 1988 during an ele. >> scientists tell us an election year. what is your leverage here? obviously there's a certain
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amount of shaming, moral aswa, view this as a sheer question of political power. >> well, we're kind of counting -- you know, they've done this kind of thing before where they take a stand and then they -- public sentiment is against them and they back off it, and that's what we're hoping for when the president nominates someone who's obviously qualified, there will be public pressure. i put on my website, alfranken.com, a petition for people to sign, a letter to the leader, the republican leader, mcconnell, saying we want to have hearings. and so you can go, your viewers can go to alfranken.com and register their opinion for that and their desire for a confirmation hearing. so i believe that once the president nominates, the
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pressure will build, and once they start seeing who -- i'm sorry. i'm hearing something in my ear. is it that we're -- >> yes. senator, i'm afraid we're closing on the end of time, but i think once the nominee happens, we're going to see some more pressure mount is the point. senator al franken, it was a real pleasure. >> okay. >> thank you very much, senator. >> thank you. >> that is "all in" for this evens. "the rachel maddow show" begins right now. >> he know s exactly what was happening there. he's a broadcasting pro. >> am i being told to wrap? >> a little something i hear right here in my ear. that was brilliant. well done, my friend. thanks to you at home for joining us this hour. lots to get to tonight including ben carson sort of but not quite dropping out of the republican race. reducing the field sort of but not kind of to four people. also, the biggest abortion case in 20 years heading to the supreme court at a time when the supreme court is down one justice. also, the

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