Summary
Two weeks after the search at Mar-a-Lago, Trump files a lawsuit requesting a judge appoint a "special master" to review the seized materials. New York Times reporting details just how many classified documents were held at the former president`s Florida estate. And as more buses from Texas and Arizona unload migrants, places like New York and Washington, D.C. are crying for help.
Transcript
LAWRENCE O`DONNELL, MSNBC ANCHOR: That was Mitch McConnell last year and now Mitch McConnell is publicly pessimistic about Republicans winning the Senate because too many Republican Senate candidates support Donald Trump`s attack on our democracy. That is tonight`s "LAST WORD". THE 11TH HOUR with Stephanie Ruhle starts now.
[23:00:23]
ALICIA MENENDEZ, MSNBC ANCHOR: More than 300 classified documents at Mar-a- Lago that is the breaking news from the New York Times tonight, as the former president sues the Department of Justice over the Mar-a-Lago search. Some of the president`s legal arguments likely questionable.
And Bill Barr cleared President Trump and the Russia probe. Now, Federal Court says there was more to that story. Then more signs of momentum for Democrats heading into November they`re getting help me one time adversary, and Florida`s governor brings fire and brimstone to the campaign trail. And then misquotes the Bible. The DeSantis dogma as THE 11TH HOUR gets underway on this Monday night.
Good evening. I`m Alicia Menendez in for Stephanie Ruhle. And we have breaking news tonight that may offer new clues as to why the Justice Department moves so swiftly with a search and seizure that turned up 11 sets of classified documents at Mar-a-Lago.
The New York Times reports the government has managed to retrieve hundreds of classified documents from the former president since he left office almost exactly 19 months ago. The Times writes, quote, the initial batch of documents retrieved by the National Archives from former President Donald Trump in January included more than 150 marked as classified. Multiple people briefed on the matter said. In total, the government has recovered more than 300 documents with classified markings for Mr. Trump since he left office, the people said, that first batch of documents returned in January, another set provided by Mr. Trump`s aides to the Justice Department in June, and the materials seized by the FBI in the search this month.
The Times also reports security footage from inside Mar-a-Lago, just people moving boxes, and in some cases, possibly changing the containers some documents were held in.
Just a short time ago, Democratic House member Eric Swalwell sits on the Intelligence Committee was asked about this breaking news.
(BEGIN VIDEO CLIP)
REP. ERIC SWALWELL (D-CA): We do need a full accounting of one, most importantly, what documents did Donald Trump have that were top secret compartmentalized. Two, you know, where these documents given to other individuals who else had access? Were they digitized? I`m afraid that they also could have been, you know, uploaded into an online format. Three, we know Donald Trump interacts often with foreign nationals, you know, were they given or passed around? Or did foreign nationals have access to them? And then why Chris, why did he have these documents? The reason that they`re marked top secret means that it often relates to force protection for our troops. So information about where our troops are, that we would not want anyone to know because it could put them in harm`s way.
So 300 pages, you know, just, you know, a basement stairway away in an open, you know, beach house is not where you would want that information, especially in the hands of somebody who President Biden deemed should not even be able to receive classified information.
(END VIDEO CLIP)
MENENDEZ: Trump has now filed a lawsuit in response to the Mar-a-Lago search exactly two weeks ago. Until now, he`s been litigating this case and right wing media and on his social media site. This is the first real legal challenge in court. Trump is asking that a third party known as a special master review what was seized. He also wants the DOJ to stop combing through the documents, and he`s requested a more detailed list of what was seized, saying the government needs to return anything not covered in the warrant.
The suit also confirms Trump tried to get a message to Attorney General Merrick Garland after the Mar-a-Lago search. The message notes he quote, anger around the country, and since Trump was willing to help quote, take down the heat.
Several seasoned legal experts say this new lawsuit is more about PR than anything else. We`re going to ask former prosecutor Glenn Kirschner about all of that in just a moment.
Tonight in a statement the Justice Department says the Mar-a-Lago search warrant was authorized by a federal court upon the required finding of probable cause. DOJ has until this Thursday to submit its edits or redactions to the affidavit used for that search word.
This morning the judge who may unsealed it filed his own order indicating he ultimately may decide to keep the affidavit under wraps because the redactions would make it meaningless.
President Trump is now tied to multiple criminal and civil investigations ranging from his handling of classified documents to election fraud allegations, to suspected financial fraud involving his real estate business.
[23:05:08]
And according to a new NBC News poll, nearly two-thirds of Americans, two- thirds, 57 percent say the many investigations into the former president should continue.
With that, let`s bring in our leadoff panel Yamiche Alcindor, NBC News correspondent and moderator of Washington Week on PBS, Carol Leonnig, Pulitzer Prize winning Investigative Reporter The Washington Post and former federal prosecutor Glenn Kirschner, who has tried hundreds of cases in his 30 year career.
It is good to see you all. Glenn, I`m going to start with you tonight`s New York Times reporting. It introduces a whole new dimension to the Justice Department`s investigation into Trump into the classified documents. Friday, DOJ said it was just in the early stages. What is this report indicate to you about the depth of all of this and just how significant is 300 classified documents?
GLENN KIRSCHNER, FMR. FEDERAL PROSECUTOR: You know, Alicia, it`s a veritable novel of classified information. We don`t know what topics are covered by these 300 classified documents. But there is also reporting that Donald Trump had his hands personally on some of these documents, and we were going through them for what purpose we don`t know.
And I heard representative Swalwell in your lead in there say, you know, we don`t know if they`ve been digitized, uploaded, copied, who they may have been distributed to, what purpose they were put to by Donald Trump and his associates.
But, you know, it just gets more and more serious with respect to the potential to have our national security compromised. And I hope that the Department of Justice is moving at a pretty brisk clip to, you know, make sure they bring the folks to justice, who are responsible for what seemed to be any number of crimes.
MENENDEZ: But I want to pick up on something that you said, which is if there is evidence that the former president had his hands on these documents, that then changes the legal contours of this case, correct?
KIRSCHNER: It does. I mean, there are two kinds of possession in the law, Alicia. There`s actual possession and there`s constructive possession. Actual possession is what it sounds like, when you have something in your hands, that`s the most direct evidence that you have possession and control over what turns out to be evidence of crime in this case. Constructive possession is that these documents were found in an area that were accessible to Donald Trump, and over which Donald Trump had control, maybe in his closet, in his office, in his safe, even if he didn`t have his hands on it. But you know, once prosecutors are able to prove actual possession, he had these documents in his hand. Boy, that goes a long way to helping prove any number of crimes.
MENENDEZ: Carol, to understand how these documents ended up at Mar-a-Lago, you have to understand the final days of the Trump administration, who was supposed to be dealing with these sensitive records and what was happening inside this administration such that this is where we have now ended up.
CAROL LEONNIG, THE WASHINGTON POST INVESTIGATIVE REPORTER: It`s a great question. What we know about Donald Trump`s final days in office is they were a lot like the rest of Donald Trump`s days in office chaotic, not exactly following the normal protocol. There was a failure by Donald Trump and his chief of staff Mark Meadows, to really think through the normal transition of from one presidency to another, that kind of nice moment in which you`re carefully thoroughly thinking through what are we packing up, what`s classified, what`s a Presidential Record, what`s our personal stuff, because President Trump was putting off those discussions while he dealt with the issue of all the people he wanted to pardon and the people who are seeking his pardon, his executive order of clemency.
And they really didn`t focus on these issues of how to carefully move from one presidency to the other. People have described how that was something he only gave any thought to in the last maybe 48 hours.
So it was pretty hectic. And our understanding is that the Chief of Staff while he was supposed to be involved wasn`t that directly involved in making sure classified materials didn`t sort of depart with Donald Trump.
What we also know which is really important in this saga, is that 2022 ends up being a much more important period of time in this criminal investigation. That`s when Trump was by all accounts resisting many of his aide`s instructions. You`ve got to give these records back. They`re not yours.
MENENDEZ: Well, Carol, The Times is reporting the DOJ subpoena the Trump Organization for Mar-a-Lago`s security footage and discovered quote, while much of the footage showed hours of club employees walking through the busy corridor, some of it raise concerns for investigators, according to people familiar with the matter.
[23:10:14]
It revealed people moving boxes in and out, and in some cases appearing to change the containers some documents were held in.
Carol, if these were classified items, could the risks to U.S., to this country potentially be even greater than some have suspected?
LEONNIG: Well, absolutely. But it`s a big question of if. What I think is more firmly known is a absolute justification for the Department of Justice in their probable cause that they had to present to a federal judge. Hey, Judge, we`ve asked the White House, forgive me, the former White House team for these records back. We`ve had interviews with individuals who say the classified records remain in this location.
Then they subpoena as is described in the government`s, I`m sorry, in Donald Trump`s lawyers own description of events tonight, then the Department of Justice subpoenas the surveillance footage, and if it`s correct, as I have no reason to doubt that it is that there is concern about the movement of boxes, then that is just kind of the extra last nail in the coffin for probable cause.
Because you have sources saying there`s classified records back in this in this Florida residence of the former president. And now you have suggestion that some of that classified record is not really being carefully protected. If this material includes things like how our government gathers intelligence, secret programs, this has National Defense Information, which is what the government argued in their search warrant, that there was National Defense Information of concern. If that`s the case, then a judge is going to automatically grant you the ability justifiably, to search the home of a former president.
MENENDEZ: I mean, Yamiche, you may choose zoom out, there`s plenty of reporting about how Trump viewed the White House, the office itself as an extension of his own business people there worked for him, they didn`t work for us, they didn`t work for the country. Does this classified documents controversy reflect that exact type of thinking?
YAMICHE ALCINDOR, NBC NEWS CORRESPONDENT: It certainly seems that way, Alicia. When you look at sort of the fact that former President Trump in this chaotic exit from the White House where we have to also remind people where he was still lying about the election. And not only was he consumed is careless, he said about pardons and about clemency. But he was also consumed about the fact that he didn`t really want to leave. There was a lot of questions about whether or not he was going to be dragged out of the White House, frankly, because he was someone who never conceded he didn`t want to go to inauguration, refused to go and then left and then sort of cloud of anger.
So it just in some ways, based on my reporting on the Trump White House, and even now, it really does, in some ways connect to this idea that former President Trump saw the White House as a way for him to continue to act in these ways that were breaking all sorts of protocols. And he really saw the White House and what he wanted to do as sort of whatever he wanted to do in that regard. It was that while other presidents and other protocols might call for the President to leave some of these classified documents or might even destroy them or give them back to the people who are briefing him in real time and said former President Trump found that he felt like he could do whatever he wanted in a lot of cases. And that meant that a lot of these classified documents, it seems now reportedly made it all the way to Mar-a -Lago, so it does absolutely dovetail with who we know, for President Trump to be.
MENENDEZ: Glenn, I want to turn to Trump`s request for a special master. That doesn`t seem particularly unusual. He did though file it two weeks after the search. Does that matter?
KIRSCHNER: It doesn`t matter, the timing doesn`t matter. But I would assert that it is actually pretty unusual. We`ve seen special masters before. And we`ve seen them appointed for not one but two of Donald Trump`s prior lawyers, Michael Cohen and Rudy Giuliani when each of those men had their offices searched, after federal judges concluded there was probable cause that each of Donald Trump`s two lawyers had evidence of crime in their possession.
And in each of those cases, a special master was appointed. It was the same special master in each case, Barbara Jones, a former judge to review some of the materials that were seized by the FBI agents from Michael Cohen, from Rudy Giuliani to see if there was any attorney client privileged information that might not be relevant to the crime that was being investigated such that the FBI and the DOJ didn`t really have a right to it and it might violate attorney client privilege.
This feels different, Alicia. This is Donald Trump and his associates. Let`s call it what it was what it is stealing the government documents, government materials taking them from the federal government down to Mar-a- Lago in violation of any number of statutes.
[23:15:10]
And now to me, it feels a little incongruous to say, I want the documents that I stole and retained after being requested after they were subpoenaed. I continued to unlawfully retain them but hey judge, we`d like a special master and independent person to come in and see if there`s any lingering executive privilege in any of the documents that I wrongfully took and withhold.
As I say that feels incongruous. It may be an issue of first impression. I don`t think there`s going to be any direct case law controlling these set of facts and circumstances. And there`s no telling whether the judge will buy into this or whether she`ll just deny it outright.
MENENDEZ: OK, I want to turn to former Attorney General Bill Barr, now a DC circuit court now telling us that there was more to the story of the Department of Justice memo in which Barr concluded there was not enough evidence to charge Trump with obstruction. Here`s what Barr said back in 2019 after Muller filed his report.
(BEGIN VIDEO CLIP)
BILL BARR, FORMER ATTORNEY GENERAL: The special counsel`s report states that his quote, investigation did not establish that members of the Trump campaign conspired or coordinated with the Russian government, in its election interference activities.
SEN. LINDSEY GRAHAM (R-SC): He couldn`t decide about obstruction. You did, is that correct?
BARR: That`s right.
(END VIDEO CLIP)
MENENDEZ: Carol, speak to the significance of this. And also I mean, you have Barr recently hailed as a truth teller because as seen in the January 6 depositions, he told Trump there was no evidence of election fraud in 2020. Do you think people have forgotten what Barr was willing to do and did do for Trump?
LEONNIG: You know, I think there`s no doubt that the former Attorney General was a political operative and envy and his not apologetic about that. He was a supporter of his President as he was a supporter of George W. Bush when he was the attorney, forgive me, George HW Bush when he was an attorney general for him. You know, he wanted his candidate to win reelection. He was rooting for that, and believe that was part of his job as a member of the cabinet.
Now, on the issue of the Mueller investigation, it was a political operative versus kind of a Boy Scout. And Bill Barr was very firm in his belief that finding Donald Trump guilty of obstruction of justice was A, impossible because it was a sitting president, but accusing him of obstruction of justice, even though Muller found copious evidence of it in four instances, enough that will get you in the indicted.
Bill Barr felt strongly that Muller could not accuse him even of that based on the evidence in the investigation. Because under Barr`s thinking, those crimes were part of a irrelevant, because there was no central crime. In other words, his view Donald Trump can`t obstruct an investigation and commit a crime if there is no underlying crime. If there is no main crime, he did not collude with the Russians. There was no evidence of that. There was no evidence that he had engaged in a bit of original crime and so obstructing that investigation was also then not a serious or significant crime.
MENENDEZ: Yamiche Alcindor, Carol Leonnig, Glenn Kirschner, thank you all so much.
Coming up, a new poll shows 61 percent of Americans are willing to carry a protest sign for an entire day. What has them upset and why it is not all bad news for the president`s party. That is next.
And later, red state governors trying to punish blue states with buses filled with desperate people. The cruelty aside, we`re going to hear from a lawmaker trying to help people being used as political pawns. THE 11TH HOUR just getting underway on a Monday night.
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(BEGIN VIDEO CLIP)
FMR. SEN. CLAIRE MCCASKILL (D-MO): Midterms are always hard about enthusiasm. And that`s why traditionally, the midterm elections have not been favorable of the sitting president because there`s a sense of well, we got our guy in, midterms don`t matter that much. This is an example this year where that has been turned on its head.
(END VIDEO CLIP)
MENENDEZ: Just a few months ago the midterms did not look good for Democrats, but the momentum may now be swinging in their favor. And the latest NBC News poll Republicans have a narrow lead and congressional preference, or threats to democracy has now moved ahead of cost of living as the top issue for voters.
Democrats have also narrowed the enthusiasm gap. 68 percent of Republicans surveyed say they will have a higher level of interest in the upcoming midterms versus 66 percent for Democrats.
With us tonight. Jason Johnson, politics and journalism professor at Morgan State University. He`s also an MSNBC political contributor. And David Jolly, a former Republican and former member of the U.S. House of Representatives. He`s now chairman of the Serve America Movement and he is also an MSNBC political contributor. Gentlemen, it is good to see you both.
I`m going to pose the same question to both of you and Dr. Johnson. I`m going to begin with you. What do you think it is? It`s actually moving those numbers?
[23:25:00]
JASON JOHNSON, THE GRIO CONTRIBUTOR: Well, it`s two things, abortion, abortion and abortion. I guess that`s three. That`s what it is like, objectively, it is the concern about the overturning of Roe versus Wade that has moved what were previously probably going to be unenthusiastic or sometimes despondent, Democratic voters, you can go back to March or April of this year. And the primary concerns were not just the economy. But Joe Biden`s failure to do anything about police brutality, the administration`s failure to do anything about voting rights, they were real concerns that this administration was already stuck in the water a year 18 months into this term.
But now that the Republican Party has achieved their 40-year goal of overturning Roe vs. Wade with an absolutely illegitimate Supreme Court, it has galvanized voters. And the biggest change that I`ve seen is not just all that enthusiasm, but it`s enthusiasm, Alicia, at the local level, because you`ve got senators who had no chance of being in the lead, leading now in important states, while at the same time, Joe Biden is still underwater on his approval ratings.
MENENDEZ: David, I appreciate that, Dr. Johnson gave me a chance to test my mathematical abilities at 11:00 p.m. at night with that little equation up top. Do you think it really is that simple? Is it the government overreach on this question of abortion? Or is there more going on here? Are there atmospheric things like inflation, the way that people feel when they go to the grocery store the way they feel when they fill up the tank and some perception now that they`re watching Democrats actually move legislation through Congress. So since it, hey, maybe government can get something done.
DAVID JOLLY, SERVE AMERICA MOVEMENT CHAIRMAN: I`m going to make friends with both of you. I think it`s all of it. I think like the Dobbs decision is a major contributor to this. And I look at it kind of like this, Alicia. In the midterms, we know historically, the party out of power typically advances. That is typically because the incumbent incoming president, generally make some bold ideological moves, right. They ran on a bold agenda, they pass a bold agenda. And frankly, we`re a nation that doesn`t absorb the shock to the system that well, and so there`s a reflexive response, historically.
In this case, though, I think what you`ve seen from the Biden administration, I know it frustrates many, maybe activists within the Democratic Party, but you`ve seen a slow and steady incremental approach to progress and legislating where he has significant achievements for Democrats to run on.
But the bold swing remains over on the right, on the conservative side, reflected in the January 6 revelations that have come out that continued culture wars, the election benign and yes, a Republican led Supreme Court that repealed Roe v. Wade.
And so the shock to the system right now is a country saying, wait a minute, wait a minute, this stuff that`s happening over on the right, I don`t want any more of, that`s what we saw in `18, in `20. And I think going into `22, you`re seeing this coalition of democratic performing majorities kind of decide are we in this in `22 together like we weren`t `18 and `20. I think that`s the trend we`re studying right now going into November.
MENENDEZ: David. I also want to know Donald Trump may be considering delaying a 2024 announcement until after November, fearing he might get blamed for a bad Republican showing, is he right to worry? Does he walk away without that blame either way?
JOLLY: So look, if we tried to get into Donald Trump`s vanities, I think there`s a couple things competing even within his own head and heart, which is this, he wants to declare now so that he can keep the spotlight off of McConnell and McCarthy and up and comers like Ron DeSantis. But here on good authority, Alicia, is one of the major reasons why he cannot declare.
The RNC is currently paying Donald Trump`s legal expenses. And if you were to declare and become a candidate, the RNC neutrality rules would kick in. And it raises the question if the RNC can continue to pay to underwrite Donald Trump`s legal defense. So it may be Donald Trump now has these handcuffs on he needs to declare politically, but financially he might not be able to.
MENENDEZ: Dr. Johnson, what do you say?
JOHNSON: Yes, I mean, there`s, as David said before, there`s multiple reasons. Donald Trump is going to be held responsible or blamed or given credit, no matter what happens with the Republican organization. Like I said, they`re not a party anymore. It`s a dimestore front for a terrorist organization based on his personality.
So it doesn`t really matter. He can announce today, he can announced tomorrow, he can announce in five weeks, he could announce in 2024 in March, it`s not going to matter because there`s no other Republican, even Ron DeSantis that can actually beat him in a semi functional primary.
So I actually think speculation as to when he announces isn`t necessarily that important. What is going to be key though, is if the Democrats ended up not losing much in the house, right, let`s say they`re only down 10 seats, and if they keep or actually gained seats in the Senate, then when he announces he`s going to run.
[23:30:00]
If he waits until after the midterms, he might be seen as a party savior or something else like that. Or he might be seen to be somebody who`s skiing uphill. But the consequences of announcing that you`re running for President, as the former guy who tried to overthrow the country, after the nation, repudiate you in midterm elections is not a good look. But then again, I don`t think the Republicans really care about functional democracy anymore anyway.
MENENDEZ: Both of these incredible guests are staying with us. Coming up, Ron DeSantis, governor of Florida, wants voters in swing states to know that he is essentially on a mission from God. More on the DeSantis doctrine when THE 11TH HOUR continues.
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[23:35:10]
(BEGIN VIDEO CLIP)
GOV. RON DESANTIS (R) FLORIDA: Put on the full armor of God. Take a stand against the left schemes. Stand firm, stand your ground, don`t back down. I`m on a mission to keep Florida free. Let`s make sure Ohio remains free. And let`s take our country back.
(END VIDEO CLIP)
MENENDEZ: That was Florida Governor Ron DeSantis this weekend telling swing state voters that with God on his side, he is on a mission of freedom, his version of freedom. Back in Florida, 20 People were recently arrested by the election police force that DeSantis himself created. Problem is several formerly incarcerated Floridians so they were never told they could not vote.
Still with us, Jason Johnson and David Jolly. David, the Washington Post editorial board called DeSantis his election police force, quote, a clear effort to deter legitimate voting. How is all of this playing out in your home state?
JOLLY: I would suggest at least yeah that neither the teachings of Ron DeSantis says Bible northern constitutional declarations of freedom support his view of governing that if you are a LGBTQ teacher in the state of Florida, you have to remain in the closet. Or if you`re a student wearing a mask during COVID You get humiliated. If you are a student trying to learn accurate American history, you`re not permitted to, if you`re a voter trying to exercise your franchise, you`re not permitted to.
That is not a view of freedom that I think Ron DeSantis should be bragging about. But he is someone that I served with, that I actually ran against for the U.S. Senate when Marco Rubio was running for president. And he believes deeply that he`s been ordained to be President of the United States. And I think you`re seeing that in the way he`s governing and the way he`s campaigning.
The problem is in the Republican primary, Mike Pence also believes he`s been ordained to be president of United States. So I suppose they have competing ordinations, and God will have to sort it out.
MENENDEZ: Indeed, Jason an op-ed in the Philadelphia Inquirer, it criticized DeSantis`s recent trip to Pennsylvania calling his rhetoric quote, barely hidden fascism. Your thoughts?
JOHNSON: This whole like I`m on a mission from God, the only person who`s on a mission from God are like Jake and Elwood from the Blues Brothers. Right. It`s not DeSantis. That`s very clear.
But the larger issue is this. Everybody knows he`s terrible. I mean, I think what`s interesting sometimes in our discussions of Ron DeSantis, is if you look at his numbers in his own state, his approval is only 50 percent. I mean, Brian Kemp is more popular. Abbott who can`t keep the lights on during a winter storm is more popular in Texas.
Ron DeSantis, for all the attention he gets, whether it`s criticism of ethics, sort of proto autocratic nonsense, his rampant bigotry, his homophobia and everything else like this, his chances he`s raising money running 2024, that guy is polarizing within his own state.
So I think it`s important to remember that not only talk about the fact that he`s up against competition he may face one or two reasonable candidates this fall when he`s running for reelection, we have to recognize that this person cannot be discussed as a viable presidential candidate. He can`t be discussed as a popular governor, because neither of those things appears to be true by the numbers right now.
The only reason Ron DeSantis exists as a topic of discussion is because you have bigots and want to be fascists who think that Donald Trump is no longer the best deliver of that message. That`s the only reason why because there ain`t no groundswell for this diet come and support anybody across the country who have any chance of winning.
MENENDEZ: I mean, David, to that point, do you think DeSantis can hold on to Florida swing voters with the way that he`s out there on the trail talking?
JOLLY: I do if the national trend remains slightly on his side and in Florida. Look, Republicans hold it two to three-point edge. Florida Democrats are likely going to nominate Charlie Crist who has not won a statewide race since 2006. Since then, he has lost a Rubio and Scott. So, the metrics kind of set up nicely for Ron DeSantis. But, look, Jason`s right whether or not he can deliver that on a national stage is another question.
I would say what Ron DeSantis has done very successfully is make himself a mirror of where the party is. If the party was a chamber of commerce, Jeb Bush economic principled party, then that`s who Ron DeSantis would be. But to Jason`s point he is reflecting the culture war ethos of today`s Republican Party.
And, Alicia, it`s hard to watch sometimes, and I say this about people who many I know well, when you watch some of DeSantis`s rallies, the cheers around the culture war issues, the attacks on immigrants on people of color, the attacks on the LGBT community. That is a political currency that Ron DeSantis is using, but it`s a reflection of our culture as well and that is a hard thing to watch. But it is what Ron DeSantis is prevailing in the state of Florida and if you successful nationally he`ll do across the country.
[23:40:04]
MENENDEZ: Jason, I only have about 30 seconds left. But I think it`s worth noting that the lieutenant governor in Florida is mimicking some of the talking points and policies we`ve seen from Governor Greg Abbott in Texas saying that she wants to bus migrants to Delaware. What is it say to you that they are now copycatting each other on their most extreme rhetoric?
JOHNSON: I mean, we`ve seen it`s really hard to be black and take yourself through Georgia, so they`ll probably get arrested five times by the cops before they even get the Delaware. Look, this this rhetoric is crazy. And it`s racist. And it`s the kind of thing that feeds into the sort of media ecosystem of the right, but it doesn`t do any good.
And at the end of the day, you may please some people in your state with this kind of nonsense, but that stuff doesn`t go over as well in flyover country as they think it does in the sort of Fox News, right wing ecosphere, that they`re spitting this stuff out for.
MENENDEZ: Dr. Jason Johnson, as always, thank you, David Jolly, thank you for being with us. Coming up, as red state governors don`t more migrants in blue states cities like Washington and New York, those cities are struggling to care for these desperate people. Congressman Ritchie Torres shows the work to take care of the people being used in this political ploy when THE 11TH HOUR continues.
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[23:45:50]
(BEGIN VIDEO CLIP)
GABE GUTIERREZ, NBC NEWS CORRESPONDENT: The buses keep coming to New York City and Washington DC at first hundreds, now thousands of migrants arriving in the Northeast after being sent by the governors of Texas and Arizona.
UNIDENTIFIED MALE: The need has outstripped our capacity to respond to it.
(END VIDEO CLIP)
MENENDEZ: Some of NBC`s Gabe Gutierrez`s reporting on an issue that at first seemed like a political stunt from Republicans which is now spiraling into what may be a humanitarian crisis. Migrants sent by the thousands on cramped buses from Texas and Arizona to cities like New York and Washington DC, where they`re said to be arriving thirsty, hungry, and in the dark about what happens next.
Joining me now New York Congressman Ritchie Torres, his district in the Bronx is home to one of New York City`s migrant intake centers. Congressman, thanks so much for being with us. Listen, there`s what is being done to these migrants. There`s also the strain on the system, a system that was already struggling, talk to us about what you`re seeing what you`re trying to do about it.
REP. RITCHIE TORRES (D-NY): Look, we`re witnessing a wave of migration, the likes of which we`ve not seen in recent memory. But for me, it`s as much an opportunity as it is a challenge. There`s an opportunity for New York City to demonstrate what it means to be a sanctuary city, not only in moments of comfort, but also in a moment of crisis.
You know, we have a public hospital system that offers health care to everyone, regardless of immigration status. We have a shelter system that offers a place to stay to everyone regardless of immigration status. And so we have to figure out the challenge of how do we remain true to our values as a sanctuary city, while at the same time managing the strain that the migration has put on our social safety net?
I`m hopeful that we can live up to that challenge. But we do need support from the federal government. We need more funding from FEMA and from HUD in particular.
MENENDEZ: Well, to that point earlier today, the Pentagon for the second time denied the DC government`s request for National Guard help with these migrant buses. Should the federal government be doing more in that capacity?
TORRES: There should be an orderly process by which migrants are sent for the right places with services and shelter. You know, I find the behavior of Governor Abbott to be embarrassingly juvenile. You know, he`s treating these migrants not as people, but as political props as pawns in his petty chess game against the Biden administration. And I find it disgraceful but he is filling a vacuum that`s been left by our broken immigration system. And there needs to be an orderly process in place put in place by the federal government.
MENENDEZ: You`ve been public in your criticism toward DHS. You say they are compounding the problem. Talk to us about what it is you`re seeing.
TORRES: We heard reports that DHS officials were sending migrants to the wrong addresses in the middle of nowhere without shelter services. It is not clear to me at all whether the federal government has a clear process in place to ensure that migrants are connected to places that provide actual shelter or services.
So the latest wave of migration demonstrates that we have a broken immigration system that needs to be fixed. But unfortunately, Republicans have a greater interest in demagoguing the issue of immigration and playing political games rather than actually solving the problem.
MENENDEZ: Congressman, I want to be mindful of the fact that tomorrow is primary day here in New York. What races are you watching closely? What are New York voters need to know what are you going to be watching for tomorrow?
TORRES: Well, New York City had the most chaotic redistricting, which has led to a chaotic primary season. So tomorrow, August 23rd is the primary. The voting is open from 6:00 a.m. to 9:00 pm. And I will encourage people to vote because if there were ever a primary season where your vote matters, it`s this one of the turnout could be much lower than usual.
You know, the races that we`re monitoring are New York 10 and New York 12. Those are fiercely contested congressional primaries. Under normal circumstances, you know, the New York Times would be Kingmaker in those districts. But unprecedented nature of an August primary makes everything unpredictable.
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There could be an upset from an underdog campaign so there`s no telling what will happen tomorrow on those two districts.
MENENDEZ: Congressman, we`ve been talking a lot about these new polling numbers showing that there is clearly an uptick in enthusiasm among Democratic voters. Clearly it has been a very busy August for Democrats. I wonder when you are home when you are talking to your constituents? What it is that is top of mind?
TORRES: Look, I represent what`s often said to be the poorest congressional district in America. So the economy weighs heavily on families who are struggling to put food on the table and pay their bills and keep their families afloat.
But I know that voters are highly motivated because of the extremism of the Republican Party, particularly on the issue of abortion of the right wing judicial activism from the Supreme Court and the frontal assault on our democracy. Right. These are issues that are motivating the Democratic base. And I`m hopeful that we`re going to do much better in the midterms than the Pundits predict we will.
MENENDEZ: Congressman Ritchie Torres, thank you so much for being with us. Coming up, Dr. Fauci`s finale, after staring us through pandemics and viral outbreaks is half a century of public service coming to a close when THE 11TH HOUR continues.
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DR. ANTHONY FAUCI, CHIEF MEDICAL ADVISOR TO PRESIDENT BIDEN: It`s never really a good time to leave. But you have to leave some time I have been wanting to pursue another chapter in my career and particularly, to do things be the lecture or write or get involved in situations where I can serve as hope and inspiration to encourage young people to go into public service, particularly in the arena of science, medicine and public health.
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MENENDEZ: The last thing before we go tonight in Fauci we trust. Dr. Anthony Fauci made it official today it revealed that after half a century serving in government, he`s going to be stepping down in December. The 81- year-old has led the National Institute of Allergy and Infectious Diseases since 1984. Washington Post writes, Fauci was an adviser to seven Presidents, putting him on the frontlines of every modern day scourge, including aids, the 2001 anthrax scares, Ebola, Zika, and the coronavirus pandemic.
But many of us really got to know Fauci in March of 2020. Each day and nervous nation would tune into the Coronavirus Task Force briefing, to learn how our lives might be affected by this novel virus. Not everyone liked what they heard. And in what tonight, he said was a distortion of reality, how she became a target for many from the right. But the verbal attacks and the death threats, they did not stop the good doctor. Here`s a look back the man we have gotten to know these past few years.
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FAUCI: My name is Dr. Tony Fauci. I`m the Director of the National Institute of Allergy and Infectious Diseases at NIH. The worst is yes ahead for us. It is how we respond to that challenge that`s going to determine what the ultimate endpoint is going to be today.
DONALD TRUMP, FORMER U.S. PRESIDENT: I walk in I hear I`m going to fire him. I`m not firing. I think he`s a wonderful guy. Not everybody`s happy with Anthony. Not everybody`s happy with everybody.
UNIDENTIFIED MALE: Dr. Joshi was explained yesterday, there has been some promise with hydroxychloroquine.
FAUCI: The answer is no. I`m not totally sure what the President was referring to.
TRUMP: The State Department or as they call it, the Deep State Department, you know, my, I`d like to have him go back and do his job. So does anybody have any questions?
UNIDETIFIED FEMALE: Can a tooth fairy still come (INAUDIBLE) meet you because of the Coronavirus?
FAUCI: I`ll guarantee you that that tooth fairy is not going to get infected and is not going to get sick.
I took a trip up there to the North Pole. I went there and I vaccinated Santa Claus myself. I measured his level of immunity and he is good to go.
UNIDENTIFIED FEMALE: Which actor would you want to play you? Here are some suggestions. I`ve heard Ben Stiller. Brad Pitt. Which one?
FAUCI: Oh, Brad Pitt, of course.
BRAD PITT, AMERICAN ACTOR: Good evening. I`m Dr. Anthony Fauci. First, I`d like to thank all the older women in America who have sent me supportive, inspiring, and sometimes graphic e-mails.
UNIDENTIFIED MALE: When you see the Thank you, Dr. Fauci signs, does that show to you a little?
FAUCI: It does. I mean, the fact that you know that people really care about you and understand what you`re doing really reflects a lot of the crazy attacks that you get.
SEN. RAND PAUL (R-KY): Dr. Fauci, do you still support funding of the NIH funding of the lab in Wuhan?
FAUCI: Senator Paul, with all due respect, you are entirely and completely incorrect. Senator Paul, you do not know what you are talking about.
PITT: And when I hear things like the virus can be cured if everyone takes the tide pod challenge. I`ll be there to say please don`t. And to the real Dr. Fauci, thank you for your calm and your clarity in this unnerving time.
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MENENDEZ: Well said, Mr. Pitt, we wish you well, Dr. Fauci in whatever your next chapter may be. And on that note, I wish you a good night from all of our colleagues across the networks of NBC News. Thank you for staying up late. I`ll see you at the end of tomorrow.