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thanks for being with us tonight after the big eclipse day. i'm still kind of bopping and excited from having seen it and it's time for the last word with lawrence o'donnell. >> good evening, rachel, the eclipse did not disappoint. i watched it from new york city. we got 90%, apparently, of the eclipse and i wasn't expecting much and then it was much. >> exactly. it did not disappoint. i was in a place where it was like, i think we were at 97, so i was pretty close, and the feeling, first of all, the birds went crazy and then the birds went totally silent but then the feeling of like, it being both dark and suddenly cool, feeling the temperature drop, it was otherworldly. i guess literally it's otherworldly. >> we have the temperature dropped here of course but

birds aren't permitted in new york city. so we didn't have any galloping giraffes or any of the other phenomenon that apparently happened around the planet under the circumstances but it was pretty great. >> i was waiting for my dogs to be weird and they just slept through it. >> they knew it was coming. >> there were like it's dark, bye. >> we have a lot of legal stuff to get to tonight. we have the jury questions for a jury that's going to start getting impaneled one week from today. this marks -- next monday night we will be talking about what happened in jury selection and we also have the jack smith brief to the court and rachel, i've got to say, as legalistic as it is, it makes a lot of sense this jack smith argument, that no, the founders never said that presidents can commit any crimes they want to. >> and if they can commit any crimes, may be the one they

really can't commit is a clue. maybe they can't do that one, right, i will say jack smith's filings never disappoint. i always find his filings to be very plain english and ratable and he's straight to the point. >> they are the best legal reading you could ask for. the clarity, the simplicity of concept, that is constantly being delivered and then, the huge import of it all, every time you read one, you know you are holding history in your hands. >> exactly. for donald trump's entire life, before becoming a politician, he was a strong, strong supporter of abortion, verging on an enthusiast. he was the kind of guy who would say, what are we going to do about this, when a woman told

him he impregnated her. he told that story in 2004. on howard stern's radio show. he said you know all the time it was like excuse me, what happened? and i said, well, what are we going to do about this? she said are you serious, it's the most beautiful day of our lives, i said, oh great. and now, donald trump's most ignored child, tiffany trump, has that story of her birth, that lives publicly with her, for her entire life. thanks to then abortion enthusiast donald trump. so donald trump has been lying about abortion, every time he has spoken about it since he became a republican candidate in 2015. he lied about it again today. when he once again, proudly took credit for ending abortion rights in this country.

>> i was proudly the person responsible for the ending of something that all legal scholars, both sides wanted and in fact, demanded, the ended, row v wade. >> all legal scholars on both sides is a trumpian lie, in fact, most legal scholars like most people, in the united states of america, very much wanted to preserve women's reproductive rights established in roe versus wade 51 years ago. donald trump, then announced today, a new position on abortion, which he was afraid to announce during the republican presidential primaries because it could have cost him republican votes in those primaries. >> my view is now that we have abortion where everybody wanted it from a legal standpoint, the

states will determine by vote or legislation or perhaps both. >> donald trump's live there is that everybody wanted to leave abortion up to the individual states. that is a lie. most americans did not want to have different abortion laws in each state and now donald trump is taking full credit for making reproductive rights and possible, for one third of american women. a washington post report, nearly one in three women ages 1544 live in a state where abortion is bad or severely restricted. today trump said in effect, that he fully supports every abortion provided in the state of california because that's california's choice, and at the same time donald trump fully supports a five-year prison sentence for anyone involved in an abortion in the state of

idaho. that five-year prison term, for involvement in an abortion in idaho was upheld by three trump appointed federal appeals court judges. lindsey graham showed us today what would've happened if donald trump announced his leave it up to the states policy while republican candidates were still running against him. senator graham said, i respectfully disagree with president trump statement that abortion is a states rights issue. i will continue to advocate that there should be a national minimum standard limiting abortion at 15 weeks. donald trump, fired back, immediately, saying, senator lindsey graham is doing a great disservice to the republican party and to our country. at first he wanted no abortions under any circumstances, then he was up to six weeks, where you're allowed abortion, now, he's up to 15 weeks.

lindsey graham is considering himself lucky tonight that donald trump did not give out his cell phone number this time the way donald trump did during his first presidential campaign when he was angry at lindsey graham. >> i wrote the number down, i don't know if it's the right number, 202 -- it's 34 years ago, so maybe it's an old number. 202-228-0292. i don't know, give it a shot. >> trump voters gave it a shot and lindsey graham had to get a new cell phone number. and has spent every day of his life since then living in abject fear of donald trump. donald trump also said this in his rebuke of lindsey graham today. many good republicans lost elections because of this issue and people like lindsey graham that are unrelenting, are handing democrats their dream of the house, senate and

perhaps, even the presidency. donald trump is right, of course that the repeal of roe versus wade is one of the issues that will defeat donald trump in the election, especially now that donald trump is announcing that abortion, for him, is just a political calculation. but he is wrong to believe that he can teach artist abortion opponents, who believe that all abortion is murder, that abortion is really just a political issue. that the republican position on abortion should just be a political calculation. it should not be driven by factors like the rights of women, medical science or morality, just politics. that is now the official trump position on abortion rights, just a political calculation.

no principles involved. the biden/harris campaign posted this video today about amanda and josh, a texas couple who attended this year's state of the union address by president biden, after what they endured in texas, thanks to donald trump. >> this is one of our little boxes. this is just filled with some of the things that we started gathering for her while i was pregnant. >> yep. >> hears her little baby book. this is the outfit that she was going to maybe where home -- where home from the hospital. this is the blanket that she was in.

these are her little footprints . >> it's okay. >> texas congressman allred now a candidate for senate in texas will join our discussion a moment. president biden released this statement today. trump doesn't tell you that maga republicans he controls in congress have put forward bills that could ban fertility treatments and that the speaker of the house he empowered is one of the strongest supporters for a national abortion ban in the nation. let there be no illusion. if donald trump is elected and the maga republicans in congress put a national abortion ban on the resolute desk, trump will sign it into law. i am determined to restore the federal protections of roe versus wade, the fundamental

right for shows for women if you give me and vice president harris a democratic congress, that is exactly what we will do. trump is simply lying. there was no groundswell of support in america for overturning roe. in fact, support for roe is higher today in america than it has ever been. the real truth is trump made a political deal in 2016. he promised to appoint a court that would get rid of roe. and he had to make good on that debt. so he did. it was never about public policy or what was right or what trump believed. it was always about politics. it was always about politics. and vice president harris said this today.

>> if he were to be put back in a position where he could sign off on a law, he would sign off on a national abortion then. let's be clear about that. that obviously makes the contrast between joe biden and donald trump quite clear. >> kicking off the discussion is amy klobuchar, she's a member of the senate judiciary committee and chair of the rules committee and also running for reelection to the united states senate in 2024. senator klobuchar, thank you for joining us. donald trump seems very worried that lindsey graham is ruining everything. he's ruining the presidential campaign for donald trump. ruining the senate campaign for your opponent and other republican candidates. and he may very well be right about that. >> well, you know, there goes loyalty to friends for donald trump. but i think the bigger picture, you know the sun peeking out from the moon on this cosmic day, is what president biden

and vice president harris just said, to be clear, president biden has said, if the republicans got in and controlled congress and put that bill on the resolute desk, donald trump would sign it. and what really is amazing about this day and the heartbreaking ad that you just showed, and amanda story which has been replicated all across the country, unbelievable, might be heard from even had from baby -- what is really amazing about this is, you don't need a fact checker for that ad, that fact checker is in donald trump's video itself. when he says, so clearly, i am probably, those are his words, the person who has the responsibility, who is responsible for overturning roe versus wade. well trump, the choice is clear, while donald trump, overturned 50 years of legal rights for women, joe biden will restore it. >> and the trump position is

that he fully supports what happened to amanda because the republican government of texas has decided that should happen to amanda in texas and donald trump is very happy for it not to happen to anyone in california or massachusetts or new york. that is the trump position. if you live in a republican- controlled state, you are going to live under this regime that can do this to people like amanda. >> and what does that mean, one third of women in america live in this regime and the other ones don't, a patchwork of laws, bans on travel that some of the states have put in place, criminalizing doctors that some of them have put in place russian mark this idea that you are going to have no

exception for rape or incest like we've seen out of texas? that is what he is basically sentencing them to, after position after position, as you point out in line with whatever politics suits his fancy. this is the moment where people are going to have to choose what side they are on and when he said there's a groundswell of support to overturn roe versus wade? look at the voters, turning out in the prairies of kansas, turning out in ohio by an 11 point margin in that great state where we will see sherrod brown win the election, or when you go over to wisconsin, tammy baldwin, great senator, look at that. 10 point margin on the supreme court there. look at what's going on all around the country. the voters are speaking out, loud and clear about where they are on this and he just took responsibility for this chaos. donald trump took responsibility. >> senator i want to review a moment that none of us can forget, delivered to us on this network by chris matthews in 2016, donald trump saying, yes, of course, there has to be some

punishment for women who get abortion services, let's listen. >> do you believe -- no -- do you believe in punishment for abortion? >> the answer is, there has to be some form of punishment. >> for the woman? >> there has to be some form. >> center, he supports the five- year prison term in idaho for anyone involved in an abortion. and he clearly would support as he said right there, any prison term you might want to impose on a woman anywhere in the country, as long as a state decides to do that. that is the trump position. >> or maybe the judges, there we go, he is basically saying, throw this to the state, and we will continue this chaos, and i'm going to support when he says throw it to the states, that means that he is

supporting these nixonian provisions that many, sadly, these governors who ran to the statehouse after the dobbs decision came out, and saw who could match and got the most to coney and state law possible, he owns it now. he already owns the judges, he put those stops judges on the court but now he's also going to own what the states do. he has made his position clear and that is when the sun came out from under the moon. and so, we can now no when amanda tells her story, this guy has claimed responsibility for it. >> senator, before we go, i want to go to your job on the senate judiciary committee of confirming federal judges. the big question for voters is who do you want sending the judges to the committee, donald trump sending more of the judges that he's already sent including those three judges on the appeals court that have confirmed and affirmed the five- year penalty, criminal sentence, for involvement in abortion in idaho, there are

three trump judges who have affirmed that at the federal appeals court level, donald trump in the presidency would send more of those judges to your committee. >> exactly, and that is why, we have confirmed 190 judges including ketanji brown jackson that joe biden has put before us, we have three this week from utah and nebraska, and the great state of michigan. we have been moving forward on these judges and you look at why it matters. it matters, you are going to discuss later in your program whether or not a president is above the law, whether or not he can claim immunity for any act, because that's what donald trump is claiming. we know, with the mifepristone decision, that was a trump judge. these decisions about voting rights and the decision about changing the john lewis bill and making all of these decisions, that is about

judges, who have been put on by donald trump, yes, but also, it's about judges you can put on to follow the law and are highly qualified. and even the chevron decision which you know, lawrence, with your legal aptitude, which is about allowing agencies to make decisions about say, what is the percentage of particles in air pollution? some of these judges that trump put on or judges out of his oath, they said agencies shouldn't do that, we should have congress and the judges make those decisions. you can see where this is rolling, if he is allowed to come back and put these judges on. >> senator klobuchar, thank you for joining us tonight. >> it was great to be on again, lawrence, thanks. joining us now is congressman allred, candidate for senate for texas this year. i know you know the story told in the video by amanda and of course, she was at the state of

the union address, all of texas should know that story, donald trump fully supports what happened to her because he fully supports whatever republicans want to make as the law of texas, as it relates to reproductive rights. >> yeah. thanks for having me on. i spoke with amanda a few minutes ago before coming on your show and i wanted to talk to her, she's a friend and i wanted to let her know we were going to be talking about her story and i wanted to thank her for her bravery and talking about what is a deeply, deeply personal and heartbreaking story. and i hope folks around the country, when they watch amanda story and i hear about it, they understand what's happening in texas. what our reality is now. 26,000 women in texas have been forced to give to their child, folks like amanda have lawyers, not doctors, determining whether they are sick enough to get the care that they need .

folks like dr. austin dennard, who is a friend of mine, grew up 10 minutes for me in dallas who had a much wanted -- this is not who we are as american but out tell you what it's also not who we are as texans. i spent the last week crisscrossing our state from north texas to the hill country, down to laredo, houston, victoria, texas, all over our state and all over our state, texans are talking about this and we are going to stand up on november 5th and vote out ted cruz. >> donald trump tonight is worried that lindsey graham highlighting donald trump's inconsistency on abortion policy will hurt not just donald trump's candidacy, but will also hurt senator cruses candace against you. and it seems that donald trump believes in the potency of this issue as much as you do. >> yeah, well they are playing politics and they're playing with people's lives, but let's

be very clear. ted cruz does support a national abortion ban. he celebrated the dobbs decision and in doing so, and over the years of his extremism, you know, the anticipated outcome that you could have seen coming is exactly what we are dealing with right now. and so, ted cruz is about to get the repercussions, they will come to him now. he was not there when he heard her story but he will hear her voice loud and clear in november. >> this, as a matter of senate tradition and procedure, is really quite shocking. when you're a member of a committee and someone from your state comes to testify, i have never seen a moment where a senator wasn't just there at the committee for the person from his state or her state to testify, but frequently, introduces that witness to a committee when the witness comes from that senators state.

senator cruise wouldn't even attend the hearing when amanda testified? >> no. that's right. i guess he couldn't face her, he couldn't hear from her lips, the outcomes of his policies and what it meant to her and to her family and to their future. i mean, as you said, you know, i'm a member of congress, when i have somebody from hometown or somebody from my committee, i want to be there so that they know i am with them and i want to hear from them. ted cruz wouldn't even show amanda that little bit of respect. >> congressman allred running against ted cruz in the senate, thank you for joining us tonight. coming up, breaking news, a new filing, special prosecutor jack smith is urging the court

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we could all unsubscribe and switch to xfinity. their connection is unreal. and we could all un-experience this whole session. okay, that's uncalled for. breaking news, special prosecutor jack smith urged the supreme court to reject donald trump's claims that donald trump has absolute immunity from criminal prosecution for trying to steal the 2020 presidential election. his brief to the supreme court attacks every immunity claim donald trump makes. jack smith said, the president's constitutional duty to take care that the laws be faithfully executed is not until a general right to violate them. petitioner suggests that unless a criminal statute expressly names the president, the

statute does not apply. that radical suggestion, which would free the president from virtually all criminal law, even crimes such as bribery, murder, treason and sedition, is unfounded. jack smith's brief stressed that donald trump is the only president in history who believes in presidential immunity. jack smith wrote, the framers never endorsed criminal immunity for a former president and all presidents from the founding to the modern era have known that after leaving office they faced potential criminal liability for official acts. the closest historical analog is president nixon's official conduct in watergate and his acceptance of a pardon implied his and president ford's recognition that a former president was subject to prosecution. the absence of any prosecutions

of former presidents until this case does not reflect the understanding that presidents are immune from criminal liability. it instead underscores the unprecedented nature of petitioners alleged conduct. to the particulars of the case, jack smith wrote, first a presidents alleged criminal scheme to overturn an election and thwart the peaceful transfer of power to his lawfully elected successor is the paradigmatic example of conduct that should not be immunized, even if other conduct should be. second, at the core of the charged conspiracies is a private scheme with private actors to achieve a private end. petitioners effort to remain in power by fraud. those allegations of private misconduct are more than sufficient to support the indictment. joining our discussion now is judge vance and she is cohost of the podcast, hashtag sisters

in law and in msnbc analyst. just when we think we've heard all the arguments already on this issue, jack smith comes through with another brief, with new ways of saying these things, that become ever more powerful every time he's forced to restate >> i think that's right, you know, this is a technical legal brief and smith is making arguments predicated on what he hopes the supreme court will do, ruling that there's no immunity, and what he's afraid the court might do, ruling that there's limited immunity in which case, smith says to the court, no matter what you

decide about what immunity might exist, donald trump isn't entitled to any immunity. you should send this case back to the district court for trial because his conduct involves a purely personal conspiracy and although we are entitled to use evidence of his official act, we could try this case just as a private, unofficial act of conspiracy. so it's extremely well-crafted from a technical legal point of view. the language though is beautiful, and i'm struck despite trying to read it with my professional hat on, how emotional this brief is. this is jack smith saying to the supreme court, please don't sacrifice the american experiment on the altar of donald trump. it is an emotional brief about what it means to be an america and to have no man be above the law in this country. >> it supported by other breeds

filed including by historians, this is what the historians brief filed today says. the founders disinterest in taking up executive immunity is not surprising, the constitutional debate was framed by the federalists, who sought to include an executive that was strong but whose powers were not bond lists, and those who were concerned that any executive would be to inherently dangerous. the federalists, retained their concern that a president must be subject to constraints on his ambition. they certainly were not advocating for increasing our president privileges or immunities, the framers did not ignore the subject, they rejected it, on this point, there are no credible competing original understandings. and as we know, the republicans on the supreme court claimed that they believe that original intent is what matters? >> they do, in fact, make that claim and this brief is powerful on that point. this is leading historians, historians who look at it and study what the founding fathers meant, and that's what the

conservative geordie says, this is what they say matters to them, they've used this in other cases including dobbs, the abortion decision. the conclusion in this amicus brief is startling saying absolutely no immunity, this was not with the founding fathers meant the constitution to mean. >> another very powerful brief filed by former military leaders, saying the theory that the president is absolutely immune from presidential prosecution says the petitioners theory that the president is absolutely immune from the criminal prosecution is accepted has the potential to severely undermine the commander-in-chief's legal and moral authority to leave the military forces as it would signal -- we are going to squeeze in a break we got the questions that the jurors will be asked, we will spring and squeeze in a break and will be back with joyce right after

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have you, relative or close friend ever worked for a company or organization that's owned or run why donald trump or anyone in his family, that's question number 28 that you will be asked if you are in the manhattan jury pool for donald trump's first trial beginning one week from today. question 20 9a, have you are a

relative or close friend ever worked or volunteered for a trump presidential campaign, the trump presidential administration or any other entity associated with mr. trump. have you ever attended a campaign or rally event for donald trump? have you, relative or close friend ever worked or volunteered for any anti-trump group or organization. 20 9h, do you follow any anti- trump group or organization or have you done so in the past and question 30, have you ever considered yourself a supporter of or belonged to any of the following, the qanon movement, proud boys, oath keepers, three percenters or antifa. joyce, this list of potential questions for trump jurors has questions that we've never seen before. >> you know, some of these

questions are very specific to this trial but really, lawrence, anyone who's been involved in jury service will find these questions to be very familiar. the whole point of this process is to determine whether jurors will be able to set aside any knowledge that they've gained outside of the course room, any prejudices or beliefs or affiliations they may have and try the case simply on the evidence that they hear in court and the law that the judge explains to them. that's the fair jury that we say that defendants are entitled to and that's the judge's goal when he left the lawyers and perhaps he himself will participate and question potential jurors. >> one of the lawyers options when they hear these answers, they can challenge for cause, and then some, they can just have removed from the pool without getting any reason at all, is that right? >> it becomes accounting game for the lawyers, you get a certain number of challenges

that you can use just if a juror makes you uncomfortable. you don't like the juror. now, there's limitations on that. you can't for instance exclude jurors because of their race but by and large, that's where most of the challenges to jurors come from. you can also challenge a juror who says for instance, i'm joe biden supported i'm going to vote to convict trump to matter what the evidence is. that sure is gone for cause on that statement. >> we will be watching on monday to see what the challenges become, thank you very much for joining our discussion tonight. thank you, lawrence. coming up, exactly 6 months ago, the war began between israel and gaza, after hamas attacked israel on october seventh, thomas friedman will join us next. ked my d about treating my td,

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your doctor will check them before and during treatment. most common side effects include stomach pain, diarrhea, difficulty sleeping, and back pain. (♪♪) ask your doctor about hormone—free veozah... and enjoy more not flashes. it's been six months, exactly 6 months ago yesterday, hamas attacked israel on october 7th killing 1139 people and taking at least 230 people hostage. one of the hostages they took is 62-year-old aviva, whose husband, keith, is still being held hostage. speaking in washington yesterday, she asked us to remember him. >> i'm going to ask you to close your eyes and imagine

keith, that is 64 years old, banging for water, baking -- begging for something to eat, begging for just standing, to move his body , begging to talk , begging to come home, to be with us . he is begging there in gaza. i was there for 51 days. i went through hell. i was starved while the terrorists ate in front of me. i was tortured. i was threatened, and i was

thirsty. i had no human rights. i felt like nothing. but i came back. i returned from a living hell and i'm standing here alive, with my daughters . i am living proof that we can bring them home. in his new york times column just before christmas, 2.5 months into the war and gaza, and next guest thomas friedman wrote, israel has done an enormous damage to hamas and their military structure but at a cost to innocent civilians in gaza that cannot be morally or

strategically justified any longer. that was 16 weeks ago. israel has admitted responsibility for the killing of seven food aid workers last week, the israel of terry --'s military spokesman said it's a tragedy and a serious event that we are responsible for and it should not have happened. since president biden's 40 minute phone call with prime minister benjamin netanyahu on thursday, israel has approved the opening of three humanitarian aid corridors, that were specifically requested by president biden and yesterday the israeli government said, some israeli troops are being withdrawn from southern gaza and negotiations with hamas for a cease-fire and a release of hostages will resume. joining our discussion now is thomas friedman, pulled to prize-winning columnist for the new york times. he's the author of from beirut to jerusalem. thanks for rejoining us here on the program.

you warned from the beginning that a massive israeli invasion of gaza could be a mistake. here we are, at the six month point. how do you assess what the situation is tonight and where we might be going from here? >> thanks, lawrence, the way to summarize it is a war that israel began out of a feeling of moral and strategic necessity has turned into a moral and strategic tragedy. and at this stage, we, there are only three ways this work in and, the preferred option would be as if hamas military was dismantled and placed in gaza by the palestinian authority in the west bank, in partnership with armies of arab

governments like the united arab emirates. i think that can only happen if the united states really laid down a far-reaching peace plan calling for two states for two people. that's one way it could end, the best way it could end. it could also end with israel just leaving, and basically not attempting in any way to govern gaza but also, not allow the palestinian authority to come in, either, in which case you will have somalia on the mediterranean, the third option would be for israel to leave and leave some hamas presence in gaza to run whatever it can in some kind of way to keep the place basically running and humanitarian aid coming in, i'm sure that would be the least best option for israel but i don't see any other choices in those three, and unfortunately,

the israeli government under benjamin netanyahu has accused -- refused to go that option, and they basically chosen not to govern. it seems to be by default, up to the somalia option but at the end of the day, it may end up with the hamas option. >> who has an incentive to keep it going the way it's going right now? >> that's a very good question and to people, lawrence, have been codependent, basically, from the beginning of that war and the israeli mr. benjamin netanyahu and the hamas leader, they feed off each other and the threat of benjamin netanyahu, and his willingness to sort of feed siwar , so the two of them have an interest in

the war going on, he is going to drag out these negotiations for a cease-fire and an important hostage release as early video show. i think as long as he can strike the bargain that he can but benjamin netanyahu knows that he'd like to always be waiting in gaza, lawrence, but not when, because the minute the war is over, there will be a real reckoning between benjamin netanyahu and the israeli people. >> what do you see as president biden's best options in a world of no good options, it seems, at this point?

>> i think, you know, president biden, i think his heart is very much in the right place. he understood this was a murderous attack on israel, there is no two state solution with hamas. and at the same time, he probably, well he was, too tolerant of an israeli strategy that was willing to sacrifice far too many palestinian civilians in order to achieve its military objectives but i don't think the story is over, i know the administration is preparing a peace initiative, something very big that would the involved with saudi arabia, and hamas, the israeli peace process expert calls more for more, a much bigger security benefit package for israel from the world and much bigger opportunity for the palestinians for two states, so i think that will be the next move. i think the administration will use that moment, that opening, to come in with something very big and hopefully create a situation where the war would not resume. >> might we be at a point in

the calendar, in the political calendar where benjamin netanyahu is looking at the presidential election and picking which one of these candidates would be better for him in the white house for the next four years? >> that's a good question, and i think he is so focused on his own political survival, which is deeply in doubt, that you know, thinking he can kind of play the game of american politics, i think that would be naove, and i think it's unlikely because trump is not some big benjamin netanyahu fan, either, and trump has been telling benjamin netanyahu, e and this thing quickly, you're getting killed in terms of pr in the world stage. so the idea that trump would be good for benjamin netanyahu, i'm not sure that is true. >> thank you for joining us. we always appreciate it when you can give us the time. >> always good to be with you. >> we will be tright

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. tom gets the last word. the 11th hour starts now. tonight with just