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tv   All In With Chris Hayes  MSNBC  July 10, 2018 5:00pm-6:00pm PDT

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iran. something may be up. and unlike the back and forth of the 2016 election months and the weeks there after, the american and russian cavorting now. "all "all in with chris hayes" starts now. no president has ever consulted more widely. >> flattering will get you nominated to the supreme court. >> brett kavanaugh has gotten rave reviews. >> if there has been a partisan, political fight that needed a very bright legal foot soldier, brett kavanaugh was probably there. >> and senator cory booker joins me. new accusations against jim
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jordan. >> a lot of people coming up and talking about abuse. >> a president's solution after missing the deadline to reunite kids with their parents. >> don't come to our country illegally. >> and trumps former national security advise returns to court. when "all in" starts now. good evening, from new york. i am chris hayes. the president's nominee to the supreme court introduced himself. telling an obvious lie to flatter his new patron. >> i have witnessed first hand your appreciation to the vital rule of the american judiciary. no president has ever consulted more widely or talked with more people of more backgrounds to
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seek input. >> no one consulted more widely. sounds accurate. showering their boss with absurd superlatives. kavanaugh has arguably been playing that same role for his entire career. once called the forest gump of politics. came up as part of the anti clinton machine. and writing much of the infamous starr report. which is an insane document. went on to get involved in the custodian fight of elian gonzalez. he was central to all policy decisions. maybe not the best thing to brag about. there they are, rove and
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kavanaugh on their way to take a trip on air force one. kavanaugh was rewarded to george w. bush by being nominated to a lifetime appointment. having never tried a single case to verdict or judgment. he was very young at the time. later, ten years after cowriting starr report which examined the president's sex life in excruciating detail. kavanaugh then decided he changed his mind about presidential investigations arguing they should not be allowed to go forward while the president remains in office. quote we should not burden a sitting president with civil suits criminal investigations or criminal prosecutions. my bad on the ken starr thing.
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he was for criminal investigations and civil pursuits when the president was a democrat, and then against it when appealing to the current president. i am joined now with senator cory booker. let me start on this. that instantly infamous law review essay from kavanaugh, his defenders saying no, congress should change the law, not that the current law prohibits it. what is your response? >> president trump chose the one on the list who he knew would choose immunity. can choose the judge that might have to preside over him. that is not our criminal justice
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system. and the president is not above the law and the absurdity of that. th this is not a partisan issue. if you look at the fact pattern, here is an investigation that has led to 70 plus charges, 20 plus organizations. five people have been indicted and one is already been sentenced. it is clear to me that this is a point where matters in this case all of these people swirling around the president being charged and pleading guilty and being sentenced. the president should not choose somebody who has made it clear to the world where he actually stands. >> senator blumenthal has discussed with me the explicit act, should he be confirmed recuse himself. what do you think of that? >> well, this is a president
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that comey had explicitly asked him for loyalty, to be one of his guys. he has said publicly, that jeff sessions, if he knew jeff sessions wasn't going to be loyal, he wouldn't have appointed himself. this is a guy who saw it in black and white in that 1998 review that he wrote. so this to me is outrage and it is absurd that we are having a discussion right now where a president is about to put something in a position, that could indemnify and give him immunity that could come up against him. there is a lot coming up in this investigation. both republican leaders of that committee. yes, the russians have attacked this country, this prosecution continues to go on as more
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people are falling under investigation. a lot more to come out. and i agree with senator blumenthal, we should be asking him, will he recuse himself. and any other answer other than yes. >> given what we know about the conversation he had with james comey. >> absolutely. he should tell exactly what the president or the president's representatives have said to him and what he has talked about. again, it is not surprising to me that president trump would choose somebody that he has the greatest assurance already before anybody needs to talk to him that there person is going to play ball or give him immunity. so all of this has got to be thoroughly vetted and asked about during the confirmation hearing. >> final question on tactics. senator schumer saying we are
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going to go to the hearings and ask for questions and trying to whip votes are there extraordinary measures available over and above that if this is cataclysmic as some people are arguing it may be. >> i don't think this is hyper bole. the ability to marry whoever you want, the affordable care act. this is not hyperbole. i talked to a young kid 18 years olds who had a heart condition, and lifetime caps, he said to me, i could die. let's not allow what people on the right are saying, oh, they are just being hyperbolic, this person is going to replace that swing justice on the court and we know where the cases are now
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going towards the supreme court and how he is going it decide and affect the health care. and as far as tactics, i know that we have few procedural levers to it. but every major victory that we have had in this trump administration, has come. and defending the affordable care act, it came because the people did not surrender to despair. would not let despair have the last word. we are going to protest, speak up, demonstrate. if you are a person that believes in your individual freedoms, to control your body, mary people you love. so many of these things, do not be silent. this is not a time for saying i hope chuck schumer does something. this is an opportunity for everyone to fight up. we have done it before, with this administration, so we need
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a chorus of conviction in this fight. don't sit at home, on the couch and get stuck in a sedentary state of agitation. even one small voice can be heard in this fight. join with others and raise those voices to the chorus. i haven't given up hope. you should not give up hope. and hope is born from sweat and work. get out there and join us in this fight. >> thanks for your time tonight. >> thank you, very much. >> for more on brett kavanaugh's track record. i am joined by jammal green. you know, i feel like this thing ha happens, you clerked for justice stevens, and so did my wife, i am familiar with the
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world, elite legal world. a certain clubbiness. and then there is also ob fi -- f at the right hand of the president for years and years. so there is no doubt about his ideology or his political views. he is qualified for the supreme court, a smart guy. written interesting opinions and he is savvy. but no question about his politics and and this is what this process about. >> yeah, melissa, you have
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written about abortion quite a bit in your scholarship and something people are talking about. what do you say to those who say, oh, progressives are always saying roe is in peril. >> i don't think this is hyperbolic at all. the point of the nomination of roe and cassie. the ultimate end game is clearly in view. >> i want to get your response to a really interesting dissent that he wrote. scott lloyd a lifelong antiabortion crusader reached down and said this --
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litigation. and he wrote a dissent, kavanaugh that read the following, the en banc majority reflects a philosophy that unlawful immigrant minors have a right to immediate abortion on demand not to be interfered with even demand. what do you think of that dissent and what it indicates about here his juris prudence may be. >> confirmation hearing in 2006 where he said roe was settled precedent and if confirmed he would follow it. to be clear, he doesn't dispute that there is a right to abortion but skeptical to the idea that there might be access to abortion on demand. facilitating not having an abortion and certainly in the potentiality in fetal life. >> loaded phrase. there is also the fact, hard
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thing to communicate to people is, liberals think about the warren court, think about ways in which the court stepped in to help folks as a counter majoritarian protector of the civil rights. the courts has been a deeply reactionary institution. and one of the precipice of it being solidly right now. >> not just at the precipice, we have been there for a while. justice kennedy has celebrated for some on the left. now you have got someone more reliable than him potentially replacing him. when you think about the cases the court has heard, shelby county and citizens united. trying to regulate the.
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from protecting people's rights. >> that was a hallmark of previous errors of the court seen as high water mark of the court being reactionary. >> melissa, where do you see this fight centering? >> the big question will be his position on executive power. the question of sitting president being subject to criminal investigation or civil suit will certainly loom large. his skepticism of agency authority will loom large and of course the abortion question. >> yeah, the abortion question is going to play a central role. great to have both of you. next, the return of michael flynn and the status. coming up in two minutes. whoooo.
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lock him up! lock i am up! lock him up! >> we support you, general. we are with you. >> former national security advisor michael flynn made his first court appearance today since pleading guilty to the fbi. michael flynn wants to expedite his sentencing. eager to move on with his life. flynn's appearance served as a reminder that the president of the united states continues to be part of the investigation. his personal lawyer, rudy giuliani who was right there in the room last night. as the president announces the nomination of brett kavanaugh.
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i am joined by msnbc legal analyst. >> what do you think of the appropriateness of rudy giuliani sitting there as judge kavanaugh introduced. a man who would have to rule on matters that relate directly to the investigation of the president. >> any time i think of the word appropriate, i do not think of the behavior of donald trump. given that he has done so much worse, this is not the worse thing that has happened. but when you have a nominee who has written extensively that the president cannot be investigated or tried for either a civil or criminal case until he is out of office, that shows why the president would have been attracted to him and why rudy giuliani would want to be in the room because he is hoping that is exactly what is going to
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happen. >> i want to read this portion because this going to get a lot of play and a remarkable passage. just to be fair and clear here, he is not saying it can't happen, he is saying it should happen. he says the constitution establishes a clear mechanism to deter executive malfees sans, we should not burden a sitting president with civil suits, criminal investigations or criminal prosecutions. the president's job is difficult enough as is. and the country loses when the president's focus is distracted. >> i think there are two things that strike me. the first is it is a very different animal to say a president cannot be indicted while sitting and to say the president cannot be the subject of a criminal investigation. those are different things. >> thank you for making that. the president can't be indicted is a consensus legal view. >> that is not a crazy idea.
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>> right. so that has to be separated. and the notion that the president could not be the subject of a criminal investigation opens up the pandoras box a parade of horrible of things that leads to the conclusion that the president is above the law and that can't be. i want to put a different spin on that and put it in the context of what he is saying which is a bit of a contrary point of view. if he is saying that there needs to be a legislative fix, he is saying that the constitution itself doesn't prevent it. >> right. it is a test of that, right? he is saying as it stands now, constitution is not standing in your way, he would have to make good on that as a judge or justice in this case. >> that's right. >> the other thing that struck me on this passage jill, i have spent a lot of time reading the
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watergate literature. this is nixon's argument. i am opening up china, and doing all of this stuff, middle east on fire, i can't be back here dealing with this watergate nonsense. >> that is exactly right. and i agree completely with daniel and everything that he said. it is also true that the supreme court has said that yes, the president can be bothered by it. and it has done it twice. once in the nixon case where it says he has to return documents in response it a subpoena. and in the clinton situation where he has had to come in with a civil lawsuit. so if he can be bothered with a civil lawsuit and response to subpoenas with documents wehy nt have him somebody the to criminal investigations. and i believe he could be
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indicted. the special prosecutor at the time thought the correct way to do it was to turn over reports to congress. congress was investigating impeachment. congress was a bipartisan operation then and we didn't feel like we were giving our information for a road map to impeachment for a group that would do nothing to it. >> or use it to undermine the investigation which has happened in some instances. >> exactly. >> when you got someone who is cooperating and they have pleaded, what is that window like where you are waiting to sentence them. what is going on behind the scenes typically in that conversation? >> i think the easiest thing to understand it is to analyze both
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pa pa papadopoulos and flynn. delaying sentencing. papadopoulos's usefulness has expired. but flynn has not. relying on him to potentially testify at a trial against that person and i would put off the sentencing until after that trial. so you know, on the one hand that is why they are doing this, but the notion that flynn is pushing for expediting sentencing and the government is agreeing is a much more abbreviated time frame than i would expect. i would think would be a year from now. >> thank you both. after the break, want to guess how many white
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how many nazis or holocaust deniers are running? instructed voters not to vote for. there is also a holocaust denier running in california as a republican. in wisconsin, the self-described
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pro white candidate is running for paul ryan's seat. pro confederate seat corey stewart. and then this guy, running as a swing congressional in new jersey. 2014 white nationalist propaganda piece. spokesperson and senior advisor for move on. missouri secretary of state. evan, the arthur jones story, he snuck in there, no one had filed. he is explicit american nazi.
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that could be chalked up to a real wrinkle. but there is more than that here. there is something that is unnerving here, am i wrong? >> you are right about that. even in the arthur jones case, he made a decision to run as a republican. and true, he might have seen an opportunity there to gather the signatures requires and sneak onto the ballot where no one else would. but there is a reason why the republican parties is attracting these kinds of candidates and it is because there is an audience in the party for this kind of candidate, for this kind of corrosive, unamerican ideology. and they are running as republicans and not democrats and that is because of that. the grossman story, this is a swing district. a lot of nasty stuff that he has
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said and he linked to this article and it said, my experience has taught me that blacks are different by almost any measure. they can't communicate as well. that is textbook, textbook white supremacy racist. >> and here is the thing, it has been around for a long time. that is not new. what is new here is they are now empowered to publicly run, right as a white supremacist and all the other awful hateful thing that they are listing themselves under and that is what has changed and the direct link to that is donald trump. donald trump has given them the green light to be public, to be out there because he doesn't have a whistle, he has a bull horn when he talks about racism or this type of white identity
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politics that this is all under. and when you have the head of the republican party, the president of the united states donald trump watching protesters neo-nazis marching down charlottesville and praising them, you are enabling that. >> the paul nellon case is interesting. this is a guy who the president tweeted about enthusiastically. started tweeting about the jewish media. he is basically, out-and-out anti semite. and this is a guy who was a stone throw away. >> one, this has been alluded to, you have the president of the united states emboldening these folks literally referring
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to them as fine people. this is not history book stuff. this is on the march right now. and the other piece is the policy side of this. and that is, the fight for voting rights for instance. we have to recognize not that these fights are back from the past, but instead the civil rights movement never actually ended. if you go to birmingham and you go to the museum there and look at the articles on the wall, you will be reminded that the march in selma was about registering to vote. and what are we talking about now all the time, just in the last couple of days, possible supreme court justice who is opposed to voting rights largely for certain populations in this country. this is scarey because you have a president who is telling these folks you know, sending them signals that this is okay, but scarey because of the extension of it that says it is okay to suppress the voice of whole
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populations of the country. >> evan, i think there is a question during the primary in the first part of the trump administrati administration. it seems like his vision for what the republican party is, is what the party is at this point. >> that is right. and one of the problems that the party has is it views these candidates naively as anomalies and it is wrong. donald trump saw this opportunity within the party in 2011 when he started with the birther nonsense. 45% thought obama. 69 of trump supporters believed that obama probably wasn't born in the united states. and this has been a problem since the republicans took the
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southern strategy. so it is not an anomaly and i would like to comment on something jason said which is the civil rights movement hasn't ended or should have been to have thought to ended. the fight for equality is one that is eternal. always voices who tried to divide us or say some of us are better than others. it will never end. republicans, democrats and everyone else as americans especially, we have to understand that this is a fight that will always continue. always have to be committed to that principle and actively fight for it. and if republicans don't actively fight for it and only occasionally comment on these lun -- lunatics. >> how these folks talk about
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black people or jews. >> that is right. that is the whole point. that is the message that donald trump has been sending them. that is why they are doing it and we see anti hate groups have said, there has been an up tick of white supremacist running. 88% of republicans support donald trump. so this is the republican party. they have enabled this and fostered this. in 2012, mitt romney sought after donald trump's endorsement. >> people have been playing with that fire for a while. >> yeah. and at the end of the day, if you are a republican candidate or a republican office holder right now, you have got to draw a line and say look, i expect my commander in chief to have the courage to stand up to the kkk and nazis.
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like, period. and it is a minimum bar to hop over. >> and i will say this for the nrcc, they did the right thing. thank you. still ahead, the trump administration failed to meet today's deadline to reunite separated children. we join me ahead. first, tonight's thing one, thing two is next. one-way sale fares for travel throughout september and october. so you can fill the rest of your year with amazing trips. from football games to reunions, or just a break from the office. these $69 one-way sale fares are ready to make your september and october a whole lot better. book now at southwest.com. low fares. no hidden fees. that's transfarency.
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thing one tonight in the week since donald trump returned from his summit with kim jong-un and declared mission accomplished. reports that north koreans have no intention of denuclearizing. and it has gone surprise, not gone smoothly. one source told cnn went as badly as it could have gone. and the north koreans were just messing around. while they seemed to be messing with pompeo at times. asking the secretary did you sleep well last night. i did, i did, thank you for the accommodations. replyi replying we did have serious -- not sure what that is all about. but as pompeo left the country,
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jordan has repeatedly denied that he turned a blind eye to any abuse. jordan once again defended himself. >> yesterday, six coaches came out and said the exact sa em thing that i said because it is true, there is an investigation going on and if there are individuals who were harmed, victims, then they deserve justice. >> are you meeting with investigators this week? >> we are working on a time. >> you said you were unaware of abuse -- >> all standing by jim jordan
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the trump administration made it even worse than we thought. they said they expected to reunite 54 children under age 5 out of about 100 by today's deadline. instead, according to a court filing, only four have been reunited by earlier today with expectations of at least another 34 by day's end. 34, you will notice, is not 54. the government also said around two dozen children aren't
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eligible to be reunited because some parents have criminal records or other issues. is the administration really this careless about children? plenty of evidence suggests yes, the government doesn't gary these kids or reuniting them with their kids. here's what the president had to say today about the missed deadline. >> well, i have a solution. tell people not to come to our country illegally. that's the solution. don't come to our country illegally. come like other people do. come legally. >> many people came seeking legal asylum which is garnl teed under national law and international law but tell that to the parents. she had her 6-year-old daughter and 9-year-old son taken from her.
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the deputy director of the immigrants rights, and democratic congressman from texas has been monitoring the reunification process. what is going on in court right now? >> yeah. i think the takeaway is the judge held a hearing this past friday and he realized the government was nowhere near meeting in deadlines so he said i'll meet with you all the time. i want status reports all the time. he is making sure the government doesn't have an inch of wiggle room anymore. them we'll reunite 34 more kids
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on top of the four children they've already reunited. and he said look, you have to reunite every kid eligible for being reunited today. no excuses. and what he told them is, look. on thursday you tell me whether you got these done. if you didn't, i want plaintiffs to tell me what recommended they want for you missing the deadline. so it is clear the judge will be monitoring this every second. that's what we want. i think the government left to their own devices will not get this done. >> where are we right now from your perspective? you've been working with folks through your office. >> there was this urgency on the president's part more than a month ago. apprehensions of children and families were actually down to criminally prosecute 100% of the parents who crossed between those ports of entry. creating the crisis afterwards. now that we have a crisis of not being able to reunite these kids
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with their parents, there is no urgency on the part of administration to coordinate with cuss zpoms border protection, health and human services, o.r.r., and we're meeting people in el paso who have been released from detention. they have no idea where their kid are. they crossed 2,000 miles to bring child to safety and refuge and home flasylum. we're working 48 cases out of my office right now. i was just talking on my district director. we think of the two cases, children under the age of 5, may be reunited tonight. they may be part of that 34 or 38 total reunited today. but this is an incredibly challenging process. we've heard from parents who brought their birth certificate for their child with them. had it taken away by customs and
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border protection. then hhs said prove that's your child. they said you took the birth certificate from me. and they said that's another federal agency and we don't necessarily talk to each other. we're putting these parents and kids through unbelievable trauma and we need greater urgency to reunite them and do it by the deadline. >> this court filing blew my mind. one thing that you said in your court filing is that the administration right now, there are 19 in that set of 100 kids under 5. the administration is making no efforts to contact those parents. they just have their kids and they're fine with it? >> today they've announced that they have taken it from 19 to 12. whether it is 19 or 12, they appear to have made no effort to find those parents. so the judge said, look.
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you have to get with plaintiffs and find these parents. they said if they've been removed, they're not part of the ruling. they don't have a right to get children back and the judge flatly rejected it. it is dheer judge won't let them out from under. we'll see how many reunion if i indications. the judge said, i don't want to hear about reunifying just 34 today. we'll see if they do it. if not, thursday and friday will be big days in court. >> this was a footnote in the court filing today. one child cannot be reunified at this time because the parents' location has been unknown for more than a year. defendants are unable to determine whether the parent is a class member and records show the parent and child might be u.s. citizens. does this mean the government took the child for possibly a year is that can't find the parents?
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>> the government was in no way prepared to arrest and take kids and separate fooms this kind of industrial scale to the point they may very well have detained and separated u.s. citizen families in the process. in addition, we're now asking those families to pay the airfare for their kids to meet them el paso or brownsville or wherever they are. those parents who arrived with nothing, who have been in detention, being asked to cough up $2,000 to have that child flown to them even though it was government of the united states that separated them in the first place. thank god for groups that have raised hundreds of thousands of dollars to defray some of these costs. enunciation house. aclu, the courts, the press, that pressure needs to make sure rereunite. >> thank you both. i mentioned before that here was
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a guest on our podcast. he was explaining the lawsuit. this week another great conversation with larry krasner. taking big steps. download on it tune in wherever you get your podcasts. let me know what you think. that's "all in" and rachel is here now. >> it is "all in" with chris. >> no, it is why is this happening? >> that would be like me doing, i have a podcast and it was the pod. >> i ripped a preposition from the show title. >> you are an advanced thinker. you're like an he e esoteric gu. >> i'm thinking it is part of the show title. >> don't undo the

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