Show: ALL IN with CHRIS HAYES Date: October 31, 2018 Guest: Tom Perez, Evan McMullin, Barbara Boxer, Mazie Hirono, Billy Eichner
CHRIS MATTHEWS, MSNBC HOST: -- next Wednesday. The President himself will have realized that his message of hate has failed and we`ll turn his voice to another direction we can hope. That`s HARDBALL for now. "ALL IN" with Chris Hayes starts right now.
(BEGIN VIDEO CLIP)
CHRIS HAYES, MSNBC HOST: Tonight on ALL IN.
UNIDENTIFIED MALE: Are you going to blame Paul Ryan if Republicans lose the House?
DONALD TRUMP, PRESIDENT OF THE UNITED STATES: No, I`m not going to blame anybody.
HAYES: The hostile sales pitch continues.
TRUMP: If the Midterms for some reason don`t do so well for Republicans, I think you`re all going to lose a lot of money.
HAYES: And both predictions from the other side.
REP. NANCY PELOSI (D-CA), HOUSE MINORITY LEADER: We will win.
UNIDENTIFIED MALE: Please don`t say that.
HAYES: Tonight, with Republicans in disarray, where Democrats are on offense with DNC chair Tom Perez. Then, how to rein in a lawless President?
RICHARD NIXON, FORMER PRESIDENT OF THE UNITED STATES: I`m not a crook.
HAYES: Ben Wittes on the newly released roadmap from Nixon`s special prosecutor.
TRUMP: This is a pure and simple witch-hunt.
HAYES: And clamming up the Midterms.
BILLY EICHNER, COMEDIAN: I`ve been shouting at people on Billy on the street for years.
HAYES: Billy Eichner on his push to get out the Millennial vote.
EICHNER: But now I`m trying to use my voice for something good.
HAYES: When ALL IN starts right now.
EICHNER: Oh, it`s a good friend.
(END VIDEO CLIP)
HAYES: Good evening from New York I`m Chris Hayes. We are now just six days away from Election Day. As Republicans fight each other amidst Trump`s desperately toxic final message Democrats appear at this moment to have the momentum. They currently have an average eight-point lead in the generic congressional ballot which if it holds would likely be enough to overcome GOP gerrymandering and give them control of the House.
Polls even show a handful of Democratic candidates effectively tied with their Republican opponents in deep, deep red districts. We`re talking places where Trump won by 20 points or more. 538 now gives Democrats an 86 percent chance to take the House though just a 16 percent chance to win the Senate. And Democratic control of one or both houses of Congress is frankly a nightmare scenario for a President who faced no serious oversight despite near constant credible charges of corruption and scandal after scandal after scandal.
So Donald Trump and his allies are trying to scare voters into submission with shameful and increasingly lurid and ludicrous lies about migrants and fear-mongering about imaginary mobs along with sledgehammer threats like this one.
(BEGIN VIDEO CLIP)
TRUMP: If the Midterms for some reason don`t do so well for Republicans, I think you`re all going to lose a lot of money. I hate to say that. I think you`re going to lose a lot of money.
(END VIDEO CLIP)
HAYES: Despite pretty good evidence to the contrary, the President seems to think his presence in the headlines helps vulnerable Republicans. He`s holding 11 rallies in the final six days of the campaign including one tonight in state of Florida. And Trump`s most hardcore supporters stood in line for hours as they`re watched to get into the rally and some were more than happy to parrot the President`s false talking points.
(BEGIN VIDEO CLIP)
UNIDENTIFIED FEMALE: This thing with this invasion coming from the southern --
UNIDENTIFIED FEMALE: You`re talking about the caravan.
UNIDENTIFIED FEMALE: I`m talking about the invasion. That`s right. The caravan, it`s just so wrong. I mean, what are they going to do when they come here? You know, and they got all the MS-13 tattoos and everything. That`s not a good thing.
(END VIDEO CLIP)
HAYES: The problem for GOP candidates is that the scaremongering and the lies don`t seem to have that much traction outside the cult of Trump. Meanwhile, the Republican Party is splintering in real time just days before the crucial vote. After Paul Ryan correctly pointed out that the president can`t unilaterally override the 14th Amendment to the U.S. Constitution, Trump tweeted that Ryan should not be giving his opinions on birthright citizenship something he knows nothing about. And for the second straight day, a prominent Republican lashed out at white nationalist GOP Congressman Steve King who could lose his overwhelmingly Republican district in Iowa.
(BEGIN VIDEO CLIP)
REP. CARLOS CURBELO (R), FLORIDA: His comments and his actions are disgusting. And look, I know nothing about his opponent, Andrea, but I can tell you this, I would never cast a ballot for someone like Steve King.
(END VIDEO CLIP)
HAYES: Now, that`s Carlos Cabello who`s in the fight for his life in his own district and a member of Republican Party that embodies Steve King in many ways in the way it conducts itself. And let`s be clear here about where things stand. Anything could happen on Tuesday including the Republicans gaming seats in the House and the Senate. Everyone learned that lesson two years ago. Polls are one thing, votes are something else entirely as Billy Eichner will be here to discuss shortly.
But things do seem to have changed from two years ago when conservatives were predicting a nationalist uprising led by Donald Trump and his wingman Steve Bannon that would unite the country around their populist vision and give Republicans supermajorities for decades to come, represent a realignment American politics. Now, Bannon is trying to rally the base but nobody seems particularly interested.
Last week a Florida GOP dinner featuring Bannon had to slash prices because of low demand. Bannon also had a rally for Republican candidates here in New York but none showed up and he has been speaking to embarrassingly empty rooms like this one on Staten Island and this one last night in Kansas where a whopping 25 people showed up for Bannon`s red tide rising rally at a Holiday Inn Express in support of GOP candidate Steve Watkins who did not show up.
With me now six days from Election Day, the Chair of the Democratic National Committee Tom Perez. Tom where do you see things right now?
TOM PEREZ, CHAIRMAN, DEMOCRATIC NATIONAL COMMITTEE: Well, I`m optimistic. The early voting numbers give me optimism. We see a lot more young voters out there. We see a lot of new voters, number of sporadic voters. You look at Georgia and twice as many African-Americans have already voted. At the same time, Chris, something you said really resonates with me. I`ve seen -- we have so many races that are a dead heat. You know you look at the polling in Ohio and Wisconsin in the governor`s races. This is no time to do anything but get out there and vote. This is the vote of our lifetime. This is the blocking and tackling phase.
We have opportunity everywhere. We`ve competed everywhere. We`re feeling spectacular candidates everywhere and we`re making real progress because we`re talking about health care, we`re talking about protecting social security. They`re hemorrhaging on health care. That`s why they`re trying to change the subject. But it is so, so important for folks to make sure they get out there and vote.
HAYES: Is there -- let me ask you this. There`s a number of races -- I`m fascinated by Mia Love in Utah, Greg Gianforte in Montana, J.D. Scholten who`s running against Steve King, Pennsylvania 11 today. He had a sort of surprise number. A bunch of places where we`re talking Trump margins of 20 percent, 22, that you have Democratic candidates right now who were tied statistically. What is the message there? What`s the way to close that sale for a Democrat running in a Trump plus 20 district?
PEREZ: Health care, health care, health care.
PEREZ: Medicare, Social Security, Medicaid, protecting people`s health care. If you have a pre-existing condition, it`s on the ballot. Last I checked, Chris, it`s not just Democrats that have pre-existing conditions, it`s people across the board. It`s not just Democrats that have loved ones who are suffering from opioid addiction, and two-thirds of coverage for opioid treatment is through Medicaid.
And so the reason why we`re competitive everywhere is because these are the issues that people care about and this is what we`re focused on. Quality education, that`s how we were able to help win four state legislative seats in special elections in Oklahoma last year because everybody wants their kids to do better. And you see Republicans slashing funding for public education. And so we`re on the right side of the issues that matter most of people.
HAYES: You know the President -- the President and Republicans on down the line have taken this fairly ludicrous position. We will protect pre- existing conditions. In fact, the President even going so far today and say Republicans will protect people with pre-existing conditions far better than the Dems who of course invented and passed on single-handedly ObamaCare which does that. Well, is it -- are you do chocolate that, like what`s the response to that over DNC headquarters every time one of those incoming.
PEREZ: Well, we talk about the 60 times they voted to repeal the Affordable Care Act. We talk about the lawsuit filed in Texas in which the Department of Justice, the Republicans Department of Justice is refusing to and the Affordable Care Act. It is very clear what they want to do. And it`s all so clear to me, Chris, that they are hemorrhaging on this health care issue, that`s why they`re trying to deflect attention. We need to be focused like a laser in these last six days about the fact that we`re fighting --
HAYES: Let me -- I want to stop you there. Let me ask you something. Did you go in -- do Democrats go into this campaign seeing that as the central issue on the ground that was going to be a key issue for their success or was it something more organic where they sort of recognized in the process of canvasing, of voter contacted being on the trail just how salient it was.
PEREZ: Good leaders are good listeners, Chris. And we learned in 2017, when we redoubled our commitment to organizing, we heard it in Virginia, health care, health care, health care. We heard it in Oklahoma, education. We -- these are the two issues that have animated voters and these are the two issues that continue to animate voters because again, so many people are one accident away from bankruptcy and they understand what it means when you`re diabetic to have protection and have that insurance. They understand that the cost of insulin has skyrocketed and Republicans have done nothing about it. That`s why we`re winning elections.
HAYES: Do you think the President, he`s such a polarizing figure obviously, he thinks it is good for him to be in the headlines. He thinks it`s good for him to do these rallies. He thinks he`s the sort of person that can close the enthusiasm gap. From your perch, are you happy to see him out there or not?
PEREZ: Well, listen. The Democratic primary turnout last year was -- this past year was 89 percent higher than it was in 2014. Republican turnout was about 24 percent higher. But listen, I take nothing for granted. I remember that pit in my stomach on November the 9th 19 -- or 2016. We thought we were going to win and we didn`t win. And so when he`s out there and when he`s doing the fear-mongering and the distracting and the dividing, he`s trying to -- he`s trying to you know obviously juice his base and get them to turn out so we can leave nothing to chance.
And I`ve just seen too many polls that have showed close races and you go to remember these gerrymandered seats, we not only have to win, we have to beat the spread in order to win --
HAYES: That`s right, beat the spread.
PEREZ: because there`s not a -- we`re not on a level playing field.
HAYES: You can -- you can find 40 races right now that are essentially tied in the House, honestly. I mean, it`s really crazy how close this is and how much his next six days matter. Tom Perez, thanks for being with me.
PEREZ: My pleasure. Get out there and vote.
HAYES: All right, with me now for more on the upcoming election, former Democratic Senator Barbara Boxer of California, Hosts of the Boxer Podcast and former 2016 Independent Presidential Candidate Evan McMullen who founded the American Values PAC which is running ads against Steve King. And Evan I want to start with you because your PAC is running ads against Steve King. I`m going to -- I`m grimly amused by Republicans six days from Election Day discovering what Steve King believes in. I want to play one of your ads and have you explain why this is -- why this is important you. Take a listen.
(BEGIN VIDEO CLIP)
UNIDENTIFIED FEMALE: For nearly 16 years, Congressman Steve King has been our representative in Washington. He`s gained a lot of admirers. He`s a hero, declares the neo-Nazi Web site Stormfront. He is our guy. God bless Steve King says former KKK Grand Wizard David Duke. I`m very proud of him, announced white supremacist Richard Spencer. Steve King, klan and neo-Nazi approved.
(END VIDEO CLIP)
HAYES: Why are you running that ad?
EVAN MCMULLIN, FORMER PRESIDENTIAL CANDIDATE: Well, we`re running that ad Chris because we`re trying to make a case and to did for and to build a cross-partisan coalition in Iowa and across the country that will stand up to leaders like Steve King, leaders who don`t advance our values, don`t protect our values and who actually fight against them. So we`re calling on Republicans, Independents, and Democrats to stand together against guys like Steve King and that`s what that effort is. Steve King is a guy who has spent a lot of time promoting the ideas of white supremacism and he has no place in Congress and we should all as Americans be in agreement on that.
HAYES: Senator Boxer, your politician from for a long time so you`ve good, keen, political instinct and it`s interesting to me to watch Carlos Curbelo who is in a very tight race in a swing district in Florida to watch the head of the Republican committee tasked with electing Republicans, the NRCC, distance themselves from him. It says something to me a little bit about where the political winds are at this moment. What do you think?
BARBARA BOXER (D), FORMER SENATOR, CALIFORNIA: Listen, politics aside, thank you for doing that out Evan. I come from a family that lost a lot of our people in the Holocaust and you know, in the beginning when you hear these things about hate, whether it`s toward Latinos or whether it`s toward African Americans or Jewish Americans or the other whoever that may be, and you don`t say anything and you don`t get out there, it`s a problem.
Now, politically clearly, I believe in the American people, I believe they`re better than that. And so the best thing could be if Steve King is defeated, the next best thing is if they censure him but it would be far better if he wasn`t in those hallowed halls of Congress.
HAYES: You know, Evan, there is -- I think everyone has a little PTSD from 2016 in many ways and I think there might be a little over correction which is there is a little bit -- I think people have this sense that what the President is doing right now what I have to say has really gotten shockingly disgusting, frankly. I mean, basically, the release the White House ad accusing Democrats of like allowing in a cop killer and praising him that that that`s going to work. What do you -- what is your read about the sort of marginal effectiveness of the kinds of politics both the President and the entire Republican Party seem engaged in right now?
MCMULLEN: Chris, I want to tell you with all my heart that they will be ineffective with the whole country. Obviously, they`ll be ineffective with anyone outside of his base as Republican Party. But I wish I could -- I could tell you that they would be ineffective within the party. I`m not so sure that`s the case frankly.
Look, Donald Trump is playing the same game now that he played in 2016 and he had success with it. What was that game? It was hey continue to protect me and I`ll advance -- I`ll nominate justices and judges that will be friendly to Republicans. Continue to support me and all continue to espouse this white nationalist rhetoric. People bought into that and I am so sorry to say that what I see out there is that this anti-immigrant rhetoric and then the issue with his nominations on the-- you know for the courts is that it does tend to pull even some Republicans and Republican- leaning Independents who are not supportive of Trump back into that space.
And, Chris, I`ll tell you. I`ve been so concerned over the past few weeks that his effectiveness in leveraging the Kavanaugh confirmation and leveraging this caravan that has come out of nowhere to send people back into their partisan tribes, even people, even Republicans who aren`t great fans of Trump, I`ve seen them moving and back into that space. I and others are working hard to pull them back but the point is that we should not take for granted that this kind of messaging won`t be effective. We have to fight for it.
HAYES: Senator Boxer?
BOXER: Well, I would say the politics of fear that`s the politics of a coward. I want to talk about the caravan. My grandma Dina, she came on a caravan at sea with my mother. She was nine months old in 1911. She was part of that caravan. There was nothing to be afraid of. We had a Republican president, President Taft. He did not send the military. He sent people down there to see whether or not people like my grandma qualified for refugee status. There`s nothing to be afraid of America. And I think we need to stand tall. Yes, we need our health care, yes we need our education, yes we want representatives who represent the best of America, and we have a chance to say who we are in a few days.
HAYES: All right, Barbara Boxer former senator and Evan McMullen, thank you both for being with me. Still ahead, Billy Eichner on his efforts to get young people to vote. He`ll be here in studio coming up. Plus, why Republicans continue to struggle with the single biggest issue for the Midterm voters. Senator Mazie Hiron on the Republicans desperate attempt to outrun their own record on health care in two minutes.
HAYES: Last summer, after House Republican voted overwhelmingly to repeal ObamaCare, the matter went to the Senate where it was narrowly and memorably defeated. And one of the votes in defeating repeal the Affordable Care Act and every single one counted came from Democratic Senator Mazie Hirono who herself had just undergone two operations to combat kidney cancer. Now, only three Republican senators voted to get that bill and yet now the President and other Republicans up and down the ticket across the country claim to be the party helping people with pre- existing health conditions.
Senator Mazie Hirono of Hawaii joins me now. I had to wonder, I remember watching this unfold. Every vote was going to count. You came back from the midst of cancer treatment to cast that vote and what must it be like for you to watch Republicans attempt to tell people that they are the party that will protect people with pre-existing conditions?
SEN. MAZIE HIRONO (D), HAWAII: I think the people of this country will not be fooled by the party that has been for years trying to repeal the Affordable Care Act which of course protects people with pre-existing conditions one out of four in our country. I do not think that the people of our country will believe that the same people who have been trying to do them in on health care have suddenly seen the light and will protect their health care. So let`s get real people. you know, they`re not going to be fooled and they will have a chance in the election to make sure that they - - all of these people who are lying through their teeth will not be elected.
HAYES: What do you say to someone that says well, look, after the kind of campaign they run and what the president said, there`s no way if they got congressional majorities that they would come back and try to repeal ObamaCare again.
HIRONO: Why should we believe that? Will they -- as I said four years they`ve been talking about repealing the Affordable Care Act. And not only that, very recently Mitch McConnell said that thanks to the $1.5 trillion huge tax cut that they gave to the richest people and corporations in our country, they`re now going to have to deal with what they call the reforming Medicare which means cutting Medicare, Medicaid, and Social Security. So this is where they are, this is where they`re going, this is where they`ve always been.
HAYES: Do you -- you`ve been in politics for a while and there`s a certain amount of massaging of the truth about politics that happens all the time but it`s hard for me to come up with a direct analog for the kind of bald- faced disingenuousness on display here. Is it new to you?
HIRONO: Yes. Well, it`s certainly not new with the Trump Administration and people who enable him.
HAYES: That`s true.
HIRONO: And every day that Trump lies, I mean whopper lies every day.
HAYES: There`s an interesting story from Martha McSally who`s running Senate in Arizona that sort of gives you a sense of where the politics of this issue are right now. She says I`m getting my ass kicked on a vote to repeal ObamaCare. Well, Sean, I did vote to repeal and replace ObamaCare in that House Bill. I`m getting my ass kicked for it right now because it`s being misconstrued by Democrats, she said. They`re trying to you know, invoke fear and people who have family members or loved ones with pre-existing conditions. Is it being misconstrued by Democrats? Are Democrats being unfair about this?
HIRONO: Of course not. Democrats are telling the truth. And if any misconstruing is going on or outward lies it`s all of the Republicans who are suddenly seeing the light as to how important health care is to everybody. You know, health care is personal to everybody and I certainly know that from my own experience. It`s not just recently because of my diagnosis and I have said that we are all one diagnosis away from a major illness but of course, when I first came here as an immigrant my mother worked in jobs that didn`t provide health care. We couldn`t afford to go to the doctor and we couldn`t afford to have her get sick so I have had an awareness of how importance medical care is since I was a child.
And going forward, you know, with the awareness that people have of my own diagnosis and the battles that I`ve said families face all the time, there are people who come up to me all over the place to share with me their health diagnosis and to ask me how I`m doing. And some of them say you know what, you give me hope as I`m fighting kidney cancer, I`m fighting you know, whatever illness they`re doing. So we`re all in this together.
HAYES: That`s a good message. Senator Mazie Hirono, thank you -- thank you for your time.
HIRONO: Thank you. Aloha.
HAYES: Next, Billy Eichner is here to talk about one of the biggest Election Day struggles which is getting young people to vote. Billy joins me right after this.
(BEGIN VIDEO CLIP)
EICHNER: Sorry, not to be annoying but we`re with NBC News and I`m just trying to figure out anybody here who are going to vote in election in November l6th? Anybody? Anybody? Nobody is going to vote? Is anybody going to vote in the Congressional Election in November? You are, thank you.
(END VIDEO CLIP)
HAYES: OK, it`s a basic facts of American politics. Young people are the age demographic least likely to vote. In the last Midterm Elections, youth turnout fell to its lowest levels on record. Meanwhile, senior citizens in Midterms vote around twice the rate of young voters. And it`s really not an overstatement to say that everything we know about American politics currently hinges on that imbalance.
There is some indication things will be different this time around. Early voting among young voters in Texas and Georgia is up around 500 percent compared to 2014. A new Harvard-Kennedy School poll showed that 40 percent of 18 to 29-year-olds said they will definitely vote on election day which is up 14 points from the last midterm election. And one effort to get those young people to the polls is being spearheaded by actor and comedian Billy Eichner and the folks at Funny Or Die.
Glam Up The Midterms is a campaign tour traveling around the country trying to motivate young people to register and then to vote. Billy Eichner is so dedicated to the cause, he won`t stop talking about it even when he`s hounded by paparazzi at the airport.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: Billy, how is Detroit? Are the midterms all glammed up?
EICHNER: Everyone needs to vote for Democrats.
UNIDENTIFIED MALE: I know. I know you were upset about a certain news story. The President is redefining gender potentially.
EICHNER: It`s not redefining. You can`t redefine it. It`s a fact of life. It`s (BLEEP). Evil piece of (BLEEP). The whole administration is awful. Everyone needs to vote. You can vote now in many states. You can vote early.
UNIDENTIFIED MALE: Do you predict a blue wave is happening? Are people that mad, or are they apathetic --
EICHNER: A blue wave should happen. If enough people vote, there will be a blue wave.
(END VIDEO CLIP)
HAYES: Joining me is now that guy, Billy Eichner, Host of Billy On The Street, face of the Glam Up The Midterms Campaign. Billy, welcome.
EICHNER: Thank you. That was a Ruth Bader Ginsburg quote, by the way. I was quoting her in that.
HAYES: I love the fact it was like -- it`s like gotcha. Like and there`s like you`d be all stuttering. Like what do I say? It`s like you know what I think about all of this.
EICHNER: Yes, also I have more experience of anyone running up to people with a microphone, so I was very prepared.
HAYES: So what -- first tell me about your own self with politics. I think that people over the course of their lives, both based on what`s happening in the world and where they are in their life can wax and wane and how politically activated they feel. How activated do you feel?
EICHNER: I feel like I was always someone who kept in touch with what was happening in the world and followed the news but I wasn`t as engaged and as much of an activist as I became post-Trump which is the case for many people, obviously.
HAYES: Did you have that like wake up the next morning, feeling like, oh, my word?
EICHNER: I was a little ahead of that. You know, I mean, I hated him the entire time. And I grew up in New York City, I grew up in Queens.
HAYES: As did I.
EICHNER: Trump grow up in Queens.
EICHNER: And so I`ve been following Trump his whole life. And I didn`t even think he was good as a reality show host, you know, let alone the president of the United States. And so I never really liked him that much. He always seemed like a fraud to me and a bit of a con artist and a performance artist, which is fine when you`re performing, but not when you`re the president.
So, when he won, I did -- I was enraged. And I`m part of the LGBT community also, and I fear for my fellow LGBT people and I fear for all of us as Americans. And that`s what got me involved.
HAYES: You know, we see this all the time, like how do you get young people to vote, it`s like this Rubik`s cube everyone is trying to solve. What`s your theory of the case? Like, what is your approach?
EICHNER: I just try to level with young people. They are just people. We were all young once.
HAYES: Once upon a time, sadly.
EICHNER: So, I do remember....
HAYES: I looked up your age today on Wikipedia. He`s young.
EICHNER: I`m 40. I just turned 40. I mean, I look amazing.
HAYES: You look amazing.
EICHNER: I dressed up for Halloween today...
HAYES: I thought 25.
EICHNER: I`m Lawrence O`Donnell, that`s my costume.
But seriously, I`m supposed to be serious, I talk to young people the way I would talk to anyone. I`m honest with them, right. And I saw so many people at March for our Lives events and I saw so many young people at the Women`s March and I saw young people go with their parents and grandparents to town halls trying to save their family`s health care. And my message is, if you went to those things, all of that was leading up to election day.
EICHNER: You know what I mean? All of those things were wonderful, galvanizing events but they don`t mean as much as actually going to vote. Because if you`re going to go to March For Our Lives, you have to go vote. And people who are going to fight for those things that we were marching for, otherwise why did you go?
HAYES: I think it`s too, like -- there are certain things in life where, like checking tire pressure on a car and it`s somebody will be like, you should check tire pressure. And I have this feeling like do I know how to do that? And then you do it and it`s like, oh, that actually wasn`t as hard as I thought.
I feel like it`s a thing that people -- if you`re habituated to it, if you haven`t done it before, it feels maybe like it`s harder thing to do or there`s more obstacles because we put obstacles in front of people, then it is.
HAYES: And one of the things I set out to do with Glam Up the Midterms is that all the events we have I come out and I say look, there were elections in my 20s I didn`t vote during. You know, you have to admit it. And that`s true for all of us. Maybe not you, because you`re Chris Hayes and you work at MSNBC, but like you know in college many people don`t vote. Most people don`t vote. So let`s embrace that fact and let`s admit that it`s the wrong way to be and that we are now living with the consequences of not enough people voting, or people not voting because they`re not in love with the candidate or whatever they`re looking for.
HAYES: I mean, it really is a crazy fact about America that we have like a functional gerontocracy in which senior citizens like punch above their weight to the ratio of two to one. Like they control state legislatures because they come out at midterms.
EICHNER: I know. And there have been a lot of voting campaigns called vote or die. I`m like, call it vote and die because all the people voting are like a thousand years old.
HAYES: Which, by the way, we love seniors.
EICHNER: Of course we do. But...
HAYES: We love bubbys, we love papas and nanas
EICHNER: Yeah, exactly, I love old Democrats. We need young people to come out and vote, otherwise their interests won`t be represented. And the fact is, young people have jobs, money is taken out of their paychecks to pay congress, to people in Washington the way it is for anyone at any age. So, why shouldn`t they have a say in what those people are going to go and do once they get there?
HAYES: You`ve been going around the country going to different events. Like, what are the events like? What do you do?
EICHNER: Everything is a little bit different. You know, we did an event in Phoenix with Human Rights Campaign, did one in Detroit with the Natural Resources Defense Council, did one with...
HAYES: Did Blake Griffin go to that one?
EICHNER: He did. Blake Griffin was there. And Wanda yes, we did an event with Joe Biden at the Culinary Workers Union in Vegas. You know, we went all around. But my message is the same, and that`s, you know, if you`re worried about school shootings among young people, you ask young people what issues their concerned about, they`re worried about getting shot in school. You know, this is not a joke. I`m a comedian, but this is not a joke.
Well, I tell those people, you might be alienated from voting, you may have never voted before, there`s one party that`s not going to do anything about gun safety reform ever because they`ve been bought and sold by the National Rifle Association. There`s another party that might, that wants to. If we get enough of them in power so that they feel that they have a support system there in order to do it, that party happens to be called the Democratic Party.
I wish it wasn`t a nonpartisan issue. Life and death should not be a nonpartisan issue, but in America today it is. That`s where we are.
HAYES: And there is that way in which the feeling, the emotion you get from a rally or a march or being in the Women`s March and March For Our Lives or in moments of intense activism that happens on campus sometimes is not the same as the feeling of going to a voting booth, although it has its own kind of -- I always find a sort of pleasant kind of civil ritual to it.
But it`s -- it`s that politics is sort of both can be really inspiring sometimes and partly it`s just like the -- the work a day work.
EICHNER: Well, my final message leading up to the final weekend of early voting and then election day is don`t go by yourself to go vote, make it a social event. Take your friends. We need your friends to vote too. If you`re watching Chris Hayes right now, you`re probably going to vote, so we need you, regardless of your age, to go out there and bring your like- minded friends with you. And then, I don`t know, go get a drink, put it on Instagram. You know, you put everything else on Instagram, you`re on Instagram...
HAYES: Even I am on Instagram.
EICHNER: You`re chronicling your workouts every day, I mean, that`s how bad things have gotten in this country.
HAYES: Just trying to keep it together in these dark times, Billy.
EICNER: You need to. It`s important to keep yourself healthy.
HAYES: You`ve got to keep them together.
I mean, I think part of it, too, is peer pressure also works. Like people who are around folks that vote it becomes like, oh, that`s a thing people do. And if you`re around folks that don`t vote, then why would I vote? And so if you`re a voter, if you`re watching this and you should talk to people that you know and love who aren`t because, hey, this is what I`m doing.
EICHNER: I always say to people, you know, I`m very impressed by what Taylor Swift has done, seriously...
HAYES: I honestly think she`s been...
EICHNER: ...massive effect.
HAYES: ...sort of brilliant and like...
EICHNER: You can`t debate that, regardless of whether you`re a fan of her music or not, this has been an incredible step that she`s taken. But whether you have one follower or 100 million followers, these races are going to come down to a handful of votes.
The other thing is especially among young people they were very disillusioned by Hillary winning more votes but ultimately losing the election, so what I explain is it sounds very obvious to you and me, but what I say is there`s no electoral college this time. We`ll have to deal with that again next time, but for right now, your vote really does count.
HAYES: There will be -- on election night there will be congressional races that come down to a 100 votes.
HAYES: No question.
EICHNER: Every vote really does count.
HAYES: All right, Billy Eichner, hey come back anytime.
EICHNER: I would love to. And by the way for the record, I love old people. And that was just a joke.
HAYES: Of course. We love all people. We love all people.
EICHNER: Unless you watch Fox News, of any age.
HAYES: I love people that watch anything. I love everyone.
EICHNER: I don`t like people who watch Fox News.
HAYES: That`s my message, alright.
HAYES: Coming up, the newly unsealed Watergate documents that could be a road map for special counsel Robert Mueller. Ben Wittes is one of the people who actually sued to make that document public. And he is here ahead.
Plus, tonight`s Thing One, Thing Two starts next.
HAYES: Thing One tonight, it feels like it`s been years since this happened. But it was actually just under three weeks ago that Kanye West met with Donald Trump in the Oval Office.
(BEGIN VIDEO CLIP)
KANYE WEST, RAPPER: It was something about when I put this hat on it made me feel like Super Man. You made a Super Man. That`s my favorite superhero. And you made a Super Man cape for me.
Also as a guy that looks up to you, I love this guy right here, let me give this guy a hug right here.
(END VIDEO CLIP)
HAYES: Three weeks ago Kanye was fully on the Trump train. In fact he loved Trump so much he reportedly started designing t-shirts encouraging black people to leave the Democratic Party, also known as blexit.
But now, six days before the midterms, Kanye is bailing. First, he distanced himself from the whole blexit thing, tweeting in part, quote, I never wanted any association with blexit. I had nothing to do with it. Blexiting from blexit.
And then the formerly MAGA hat wearing Trump super fan wrote "my eyes are now wide open and now realize I`ve been used to spread messages I don`t believe in. I am distancing myself from politics."
So, it looks like the Kanye Trump love affair may have come to an end. Sad. But politics has a way of breaking up all sorts of relationships. And that`s Thing Two in 60 seconds.
HAYES: Donald Trump threatened to get rid of birthright citizenship, that`s if you`re born in the U.S., you`re a citizen, via executive order yesterday. And right on cue, his trusted adviser Kellyanne Conway dutifully defended the president`s position, citing so many constitutional scholars.
She did not, however, cite the constitutional scholar she lives with, George Conway, Kellyanne`s husband, penned an op-ed yesterday calling the president`s plan unconstitutional.
Now, family division over politics is becoming common theme in the age of Trump, especially leading up to next week`s vote. Steve West is a Republican candidate for Missouri house. His son told the Kansas City Star yesterday, and I quote, my dad`s a fanatic, he must be stopped. His ideology is pure hatred, it`s totally insane.
12 relatives of Adam Lasalt, the GOP nominee for governor of Nevada, say he`s the wrong choice, and ruining their family name to boot. And then there`s the family of Arizona congressman Paul Gosar. You remember Paul Gosar, the dentist and body language expert.
(BEGIN VIDEO CLIP)
REP. PAUL GOSAR, (R) ARIZONA: This morning I watched -- by the way, I`m a dentist, OK, so I read body language very, very well. And I watched you comment in actions with Mr. Gowdy.
(END VIDEO CLIP)
HAYES: Oh, yes, dentist. I wonder what he makes of the body language of his six siblings who endorsed his opponent.
(BEGIN VIDEO CLIP)
TIM GOSAR: My name is Tim Gosar.
DAVID GOSAR: David Gosar.
GRACE GOSAR: Grace Gosar.
JOAN GOSAR: Joan Gosar.
GASTEN GOSAR (ph): Gasten (ph) Gosar.
JENNIFER GOSAR: Jennifer Gosar.
UNIDENTIFIED FEMALE: Paul Gosar`s my brother.
UNIDENTIFIED FEMALE: My brother.
UNIDENTIFIED FEMALE: I endorse Dr. Brill.
UNIDENTIFIED MALE: Dr. Brill.
UNIDENTIFIED MALE: Wholeheartedly endorse Dr. David Brill for congress.
DR. DAVID BRILL, CONGRESSIONAL CANDIDATE, ARIZONA: I`m Dr. David Brill and I approve this message.
(END VIDEO CLIP)
HAYES: (inaudible) really.
HAYES: An entire generation of Americans, myself included and people around the world, remember that moment when musicians came together in 1985 to stop the horrifying famine in Ethiopia, images of emaciated children suffering because of drought and war spurring the world to send relief.
More than three decades later, there are children starving right now -- emaciated, dying of famine, in Yemen where the worst humanitarian crisis in the world is unfolding before our eyes. And the United Nations now says that 14 million people are on the brink of starvation.
There`s one crucial difference between then and now: this is not a remote war or a conflict that we have no part of, no, the United States is a key player in actively causing the famine right now. We are backing a Saudi war in Yemen that is actively blockading food, that is keeping food away from people and starving them.
And we, the United States, have the power tomorrow to end the famine if we stop backing the war. We don`t need to send in aid so much as we simply have to stop actively starving people to death. In the wake of the brutal murder of Jamal Khashoggi, there`s been growing calls in congress on both sides of the aisle to stop the U.S. from aiding the Saudi crown prince and the Saudi regime in its despicable conduct in Yemen.
And here`s the good news, it now begins to look like the pressure is finally getting to a White House that seems devoted to supporting the Saudis no matter what.
Yesterday for the first time, Secretary of State Mike Pompeo called for a ceasefire in Yemen, albeit with huge and troubling caveats. But, the reason he is calling for an end to the war, or ceasefire, is because the pressure is getting to the White House. And that means pressure is working, which means that you as an American citizen watching this program have the power to talk to your elected representative and demand they stop the U.S. from supporting a campaign that is starving the people of Yemen.
HAYES: With six days until the election, one question that`s front of mind for a lot of voters and quite possibly for the office of special counsel Robert Mueller, how do you rein in a lawless president? And today, a long buried document finally came to light that might reveal an answer.
From the grand jury that saw mountains of evidence on the criminal activity of President Richard Nixon, a road map through the evidence, a report sent from that grand jury to congress as it considered Nixon`s impeachment, a document that remained unsealed until today.
It`s no unsealed partly through the effort of one of my guests, Benjamin Wittes, editor-in-chief at Law Fare and MSNBC legal analyst. He joins me along with MSNBC contributor Joyce Vance, former U.S. attorney for the norther district of Alabama.
Ben, let me start with you. What is the document, and how did you get your hands on it?
BEN WITTES, EDITOR-IN-CHIEF LAW FARE: Well, the document is the impeachment referral that special prosecutor Leon Jaworski who was named after Archibald Cox was fired in the Saturday Night Massacre. Jaworski sent this document to congress in 1974 to advise the House Judiciary Committee of information that may be grounds for the impeachment of Richard Nixon. And the document was filed under seal, because it contained a lot of grand jury information, and it remained under seal because grand jury information is supposed to never become public.
And two colleagues, Steven Bates and Jack Goldsmith and I petitioned the district court to have it unsealed, as did someone else in a different litigation. And earlier this month, judge Barro Howell (ph) the chief judge of the district court here in Washington, ordered it released.
HAYES: I want to get to what`s in it, but first, Joyce, the reason that it`s so relevant right now is, we`re in this weird situation right now where the Mueller probe is going on in the background and sort of stopped any public activity in this window up to the campaign. It`s easy to be caught in this presentism, but as soon as the election is over, it`s very likely things are going to happen, and that team is going to face a set of choices about how to proceed, and this document is very relevant to that.
JOYCE VANCE, FORMER U.S. ATTORNEY: It`s sort of an end of the game document. This is when a grand jury finishes its work, and in this unique situation, sees that there`s work still to be done up on Capitol Hill, and sends the evidence that it`s acquired on to Capitol Hill for the representatives to use in their deliberations.
But this is such an important part of bringing closure to the American people, sunshine is the best disinfectant. We need to expose this information not just on Capitol Hill, but to average American citizens, perhaps in a classified format, the work that Ben and the folks at Protect Democracy have done is great, because it gets us on that path.
HAYES: Yeah, Ben, it`s striking here that the road map is not written in the voice of Jaworski at all, unlike the Starr report, which is the sort of only real close analog to it. The report is a court document, or a report and recommendation from the grand jury itself, and it is a remarkable compendium of just what was going on in that White House.
WITTES: It sure is. I mean, one of the striking things tat is so striking about it is the contrast between the drama of the facts that it recounts, which are well known now. But the drama of the facts against the incredible modesty and spareness of the language, you know, the document is just a sentence of factual claim. This happened, right? And then two lines or three lines of grand jury citation to support the facts.
It`s 53 pages of this kind of outline, they called it a road map, because they didn`t want to draw the picture with a lot of rhetoric. They just wanted to provide the evidence.
HAYES: Joyce, there`s going to be a question about what is the work product of the Mueller team as pertains particularly to the president of the United States. Anyone else that they think should be indicted, they will likely indict. The president, I think it`s unlikely will do that for a variety of reasons. So the question becomes, what is the work product, and what work product do you expect in light of what this document is?
VANCE: So it`s hard to know, and I think we have to be candid, we don`t really know what to expect. It`s unprecedented in the sense that this involves an entirely different set of special counsel regulations than the ones that existed during Watergate. But this is exactly what it`s called, it`s a road map for the grand jury to get up to the House of Representatives, information about the president if they believe there`s conduct that should be considered.
HAYES: What do you think, Ben, in terms of how this document reflects what may happen with the Mueller team?
WITTES: So as Joyce says, it`s very hard to know what Mueller is up to right now, and therefore, what kind of report he may be contemplating. But I do think there`s a really important lesson from this document, which is we`re in a world in which everybody thinks the excesses of Trump require, you know, excesses on the other side, right? And you fight fire with fire.
And this was a document where Leon Jaworski fought fire with measured calm, really intellectually serious rigor. And, you know, that`s a very Bob Mueller thing to do. And I think if you imagine the kind of report that Bob Mueller would write on the spectrum from, you know, something highly argumentative and provocative, like, for example, the Starr report versus something measured, stayed, and restrained like this, I think this is a very positive model for somebody like Mueller.
HAYES: Joyce, you`re nodding your head.
VANCE: I think that that`s exactly right. It`s not an argumentative document, it`s really the grand jury that worked with federal prosecutors talking to the House of Representatives, which in many ways acts like a grand jury body when it considers impeachment. And saying, as one fact finding body to another, here`s the evidence.
HAYES: Yeah, we don`t draw conclusions, you just do your work.
VANCE: Benjamin Wittes and Joyce Vance, thank you both.
Don`t forget to check out our latest episode of Why is This Happening? I think it`s particularly an interesting one ahead of election day, Michael Tesler breaks down white identity politics as a result of the 2008 election, not just 2016. Find it on TuneIn or wherever you get your podcasts. And keep an eye out tomorrow morning for a little something special on the podcast front.
That is All In for this evening. The Rachel Maddow Show starts right now. Good evening, Rachel.
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED. END