Summary
Activists push voting rights on this Martin Luther King Jr. Day. How high up the chain is the FBI looking into the January 6 insurrection? The Democratic outlook for the midterms elections is examined. Do Democrats need to play more political hardball? A Texas synagogue hostage situation ends in a dramatic escape.
Transcript
NICOLLE WALLACE, MSNBC HOST: THE BEAT WITH ARI MELBER starts right now.
Hi, Ari. Happy Monday.
ARI MELBER, MSNBC HOST: Happy Monday. And happy Martin Luther King Day to you, Nicolle. Nice to see you.
I want to welcome everyone to THE BEAT. I am Ari Melber.
And we do have a special show for you live right now, including Neal Katyal coming up on accountability, and our report on how the Senate could actually learn from some of what`s happening today, while we begin our broadcast here at the Frederick Douglass Memorial Bridge in Washington on this Martin Luther King Day, as his family leads a march for voting rights, invoking this holiday with a rallying cry -- quote -- "No celebration without legislation."
King`s eldest son calling for action.
(BEGIN VIDEO CLIP)
MARTIN LUTHER KING III, PRESIDENT & CEO, REALIZING THE DREAM: Holiday should be a day on, not a day off. Today, we`re not here to celebrate.
We`re here to be on. We`re here to call on President Biden and the Senate to pass the Freedom to Vote John R. Lewis Act and to warn that our democracy stands on the brink of serious trouble. History will be watching what happens tomorrow. Black and brown Americans will be watching what happens tomorrow.
In 50 years, students will read about what happens tomorrow and know whether our leaders had the integrity to do the right thing.
(END VIDEO CLIP)
MELBER: That is the larger call at the higher altitude.
Now, down in the weeds of governing, Democratic leaders are rallying for action against an obstruction that`s green-lit mostly by Republicans and two Democratic holdouts, which has this scene starting the week where Democratic leaders claim they`re continuing to try to apply pressure, but it already feels like they have hit a brick wall.
(BEGIN VIDEO CLIP)
JOE BIDEN, PRESIDENT OF THE UNITED STATES: These things, voter suppression and election subversion.
REP. NANCY PELOSI (D-CA): If you want to honor Dr. King, don`t dishonor him by using a congressional custom as an excuse for protecting our democracy.
BIDEN: Where do we stand? Who side are we on?
SEN. KYRSTEN SINEMA (D-AZ): There`s no need for me to restate my longstanding support for the 60-vote threshold to pass legislation.
PELOSI: So I asked our colleagues in the Senate respectfully for what they think filibuster means, to compare that, to weigh the equities against our democracy, because nothing less is at stake than our democracy.
BIDEN: It`s time for every American to stand up, speak out, be heard.
(END VIDEO CLIP)
MELBER: And that`s why today`s push is a bit surreal.
According to this latest count, Democrats do not have the votes to reform the filibuster obstruction of these voting bills, which means they won`t get an updated voting rights bill to the Senate floor unless something changes.
And that means this holiday steeped in history and progress is serving to mark one way that the history of anti-democracy obstruction of civil rights and voting rights is in a very real way repeating itself right now, right before your eyes, right here on this holiday.
It was Martin Luther King himself who diagnosed the exact same anti- democratic forces over 50 years ago, how made-up rules like the filibuster thwarted civil rights and majority rule itself.
(BEGIN VIDEO CLIP)
MARTIN LUTHER KING JR., CIVIL RIGHTS LEADER: The tragedy is that we have a Congress with a Senate that has a minority of misguided senators who will use the filibuster to keep the majority of people from even voting.
They won`t let the majority of senators vote. And, certainly, they wouldn`t want the majority of people to vote, because they know they do not represent the majority of the American people.
In fact, they represent, in their own states, a very small minority.
(END VIDEO CLIP)
MELBER: Counselor Maya Wiley and Congressman Hakeem Jeffries are both here.
Congressman, we listened to Dr. King`s words today. You heard him there say, because they know they don`t actually reflect the majority or the will of the people. Where does that land with you right now?
REP. HAKEEM JEFFRIES (D-NY): Well, the more things change, the more they remain the same.
Certainly, we`re so appreciative and thankful for the life and legacy of Dr. King for his struggle, and his struggle did lead to tremendous progress. So, though, we confront obstacles right now that are in front of us, Dr. King and our civil rights heroes, they overcame tremendous turbulence.
Bull Connor in Birmingham, that`s turbulence. Sheriff Jim Clark in Selma, that`s turbulence. The racist governor George Wallace in Dixie, that`s turbulence. So we have some obstacles that are in front of us.
[18:05:03]
But I do think, on this King Day, we can draw inspiration for what Dr. King and our civil rights heroes and foot soldiers fought through to make America a better place.
MELBER: Maya?
MAYA WILEY, MSNBC LEGAL ANALYST: Well, Hakeem said it so well. I don`t know if I can top that.
But I think it`s critical, because one of the things that Dr. King wrote from letter from a Birmingham jail was the commitment to demonstration and protest. And even that commitment in the face of those including eight white pastors, who, frankly took pen to paper to say that they would not support the activism that was actually changing unjust laws in the country, Dr. King said something very important.
He said, it is not the opposition of our enemies that we will remember. It is the silence of our friends. And I think that`s the moment we`re in now, where there is a level of commitment in this country to voting rights, to equal rights, to justice for every single person in this country, and to so many of us the majority of this country who support these things, and we are not seeing that voice played out inside the halls of the Senate.
But this is the realities. We the people are still here. We`re still demonstrating. And I think that`s what we saw from the family. We aren`t going away. And Dr. King would have it no other way.
MELBER: Yes. And you both speak to the tension here between what hasn`t changed, and using democracy and people`s rights to try to effect change, which brings us to the next piece I wanted to get into in depth that I know both of you have thought a lot about.
So our panel stays here as we turn to a different part of accountability in our MLK holiday coverage right now, which is America`s long, complex relationship with Dr. King himself.
This is a time for factual history, not sugarcoating. Dr. King was a nonviolent activist. He advocated peace and universal human rights. Yet, we should also bear in mind and recall that he was reviled by much of America and specifically by many white Americans in his time.
Many viewed him as more criminal or agitator than someone meriting the national recognition he gets today. Indeed, there are many examples, but here`s one that is measurable. He had the extremely high disapproval rate of about 75 percent at his death.
And even as views evolved, the calls to create today`s holiday remained controversial into the `70s. It took a campaign, a national effort. It took Stevie Wonder`s activist song, "Happy Birthday," if you remember that, among many other pushes, to get today to become a holiday, which didn`t happen until 1983.
Many Americans now hear about King as a hero or an icon. And he definitely does poll above 25 percent these days. And that has created a world where - - and this is what I want to get into with our experts tonight -- where even the people opposing the very voting laws he passed say things like this:
(BEGIN VIDEO CLIP)
SEN. MITCH MCCONNELL (R-KY): When I witnessed Dr. Martin Luther King`s March on Washington speech as an intern back in 1963, I dreamed about doing big things to help my state and our country.
(END VIDEO CLIP)
MELBER: Voting rights activist noting the lip service here to Dr. King`s legacy by people who are literally undermining not only voting rights in general, but the work of these underlying laws that are literally still the most severe, serious, strong voting rights and civil rights legislation that we have of `64 and `65.
I just showed you the Republican Senate leader. He struck a similar note as a newer senator, Republican Josh Hawley, who touts MLK for paving the way, as Hawley opposes voting rights, along with some of the others you see on your screen. He was the first senator to join the failed January 6 plot to decertify Trump`s loss, infamously raising his fist to the mob, just as Senator Cruz now says he salutes King`s sacrifices.
He`s among that list of election deniers. And this is not just about one party. Democratic Senator Manchin has touted MLK as a -- quote -- "revolutionary leader," which is a striking point to emphasize, given the Manchin is siding with the establishment over even minor tweaks to Senate rules, which is a far ways from any revolution.
Or take the Democrat of the month, Senator Sinema, who has touted King`s ally in marching on those very issues, John Lewis, calling him a hero, "Rest in power, my friend," but she is using her power right now to block King`s call to end the filibuster against voting rights.
That draw -- was something that I should say drew a specific rebuttal from Martin Luther King III himself.
(BEGIN VIDEO CLIP)
KING III: And we believe that as it relates to getting this -- these bills passed, that Senator Sinema has been one of the challenges.
(END VIDEO CLIP)
[18:10:03]
MELBER: And then, finally, before I bring our experts back -- again, I`m trying to be real here on an important day -- there is also the celebration, the almost glorification of the peace part of Dr. King`s message, which, while inspiring and wonderful, cannot always land well in a time of so much violence.
Consider the House Republican leader, who seems to focus quite a bit on the idea that, well, King dealt love out even in the face of hate.
(BEGIN VIDEO CLIP)
REP. KEVIN MCCARTHY (R-CA): In the face of those who beat him and whipped him and set up a system that allowed the continuation of slavery, he knew in his heart the words of Dr. Martin Luther King before they were ever spoken: "Let no man pull you so low as to hate him."
(END VIDEO CLIP)
MELBER: Take it all together here looking at, leaders in both parties, as I mentioned, and I see two implications.
One, the efforts to enlightened American public understanding to honor King as a patriotic leader, not a criminal, that`s been working over time. That`s precisely what`s created this pressure on so many politicians to honor King or to pretend they walk with him. Symbolism, patriotism, history, it all matters.
And the fact that progressives and civil rights leaders have made strides by engaging those cultural clashes should be noted. And then ,number two, substance also matters. And, today, we see many Republicans and some Democrats offering lip service for what they will not deliver in law with their power.
Dr. King was very literally calling for voting rights, for majority votes, for an end to filibuster obstruction. You cannot accurately claim to March with him when you are walking the other way.
Our panelists come back as we continue to try to honor this holiday in a real way, a reality-based way.
Your thoughts, Maya.
WILEY: Get his name out your mouth. And I say that with heartfelt emotion.
It is simply wrong to have watched the insurrection that we saw on January 6, violent insurrection, perpetrated, as we have now been seeing this most recent indictment, from Oath Keepers, who formed after Barack Obama was elected president, that we are seeing nothing short of the direct challenge.
It isn`t even only to democracy and the form of voting. It is to the very nature of a pluralist country that has people of different races, different creeds from all over the world. It is fundamentally a threat to whether it is OK that the demographics of this country are changing.
And so to be willing to use the symbolism of Dr. King as you protect and as you give credence to both the lie and the fears that it is driving in a country that needs to be pulled together is nothing short of offensive.
MELBER: Congressman?
JEFFRIES: Maya is exactly correct.
And my Republican colleagues are talking out of both sides of their mouth. On the one hand, they want to elevate the life and legacy of Dr. King, but, on the other hand, they are denigrating his mission by failing to support the effort to make sure that every single American has the right to vote.
I`m hopeful that Manchin and Sinema will come together and do the right thing in the next few days. I know many of my Senate Democratic colleagues continue to talk to them. We will see what happens.
But it`s important to understand that Republicans have adopted voter suppression as an electoral technique, because they have come to the conclusion that the only way the radical right can consistently win elections is not through the contest of ideas. It`s by stopping certain communities, low-income communities, communities of color, young people from fully being able to participate in our democracy.
That is what we`re up against. But, as Dr. King said, the arc of the moral universe is long, yet it bends toward justice. At the end of the day, we will be able to overcome.
MELBER: And, Congressman, what do you see happening in the Senate and the rest of this week? We heard from the speaker there putting the pressure on?
JEFFRIES: There are a variety of different proposals, as I understand it, in terms of reforming the filibuster, with the end objective in making sure that the John Robert Lewis Voting Rights Act and the Freedom to Vote Act get an up-or-down vote to determine whether a majority in the Senate exists.
There are few different pathways to deal with filibuster reform, which is an instrument, a Senate rule that is dripping in a racist history, trying to uplift Jim Crow and segregation. We do need to reform it, get rid of it. That is something that I believe will eventually happen.
[18:15:03]
But, this week, I think the path has to be a voting rights exception, some opportunity to allow these critical pieces of voting rights legislation to get an up-or-down vote.
MELBER: Yes, Congressman and Maya, I appreciate you both, as we try to both reflect this day, which matters, and also look beyond history to what`s happening right now. I appreciate both of you.
I will tell everyone that, coming up, we have the MAGA riot probe update. Neal Katyal is here.
And, later, why Democrats say they`re going to start the year going on offense.
And by the end of the hour, the rabbi and the Texas synagogue hostage situation, discussing that dramatic rescue.
Stay with us.
(COMMERCIAL BREAK)
MELBER: On a day about democracy ,an update on the probe into preserving American democracy.
January 6 investigators are looking at whether to send a criminal referral to the Justice Department to deal with alleged criminal conduct by Donald Trump himself. Now, he was out over the weekend in Arizona discussing many things, including election lies, floating the idea that someone else may have been responsible for the January 6 attack, which is false.
All this in the wake of the Justice Department`s charges of seditious conspiracy, which are the most serious to date. Now, there`s new questions about how high the charges might go. "The Washington Post" reporting FBI agents have not tried to interview or get materials from some of those Trump figures who were headquartered the Willard Hotel.
[18:20:03]
The Trump campaign has also not yet received any requests for documents or interviews.
As we follow down the trail we are joined by former acting U.S. Solicitor General Neal Katyal.
Thanks for being here, sir.
NEAL KATYAL, MSNBC LEGAL ANALYST: Thank you. Good to see you.
MELBER: Good to see you. You have been heard from by some of our viewers in some forums, but it`s your first time back on THE BEAT since the seditious conspiracy charges were filed.
Your view of how serious those are, just as a first big development.
KATYAL: They`re really serious, Ari. I mean, there`s one of most serious crimes in the entire United States code, I mean, seditious conspiracy, kind of overthrowing the government
It`s great that the Garland Justice Department has brought these charges and brought them against these Oath Keepers, these folks who were stoking the violence on January 6. So, that`s great. And it`s also great that the Justice Department has brought roughly 700 indictments against those who went and attacked the Capitol.
What`s not so great in what you were just excerpting from "The Washington Post" is reporting that the investigation is limited to those folks, and potentially not reaching higher-ups.
Now, the attorney general gave a speech, a very lauded speech on January 5, which was great, which said he`s going to pursue the evidence where it leads and the like, but we`re now the year past January 6, and we see no signs of an investigation into Trump or the coup plotters around him like Steve Bannon, Jeff Clark, John Eastman, the whole sorry cast of characters.
MELBER: So what do you think the attorney general`s reasoning is at this point, if he`s overseeing this type of probe, and that`s where things are at?
KATYAL: Yes, so there`s three possibilities.
One is the attorney general`s actually looking into all this, and he`s got a secret investigation, and we don`t know about it. The second possibility is, he`s hitting the pause button because Congress has an investigation and he`s waiting to see the fruits of that before going. And then the third is he`s decided not to investigate all of this stuff.
We don`t know which one it is. I`m, worried, honestly, Ari, at this point, a year in that it`s the last one, that he has decided not to. And the reasons for that -- and, again, it`s a black box. We don`t know. Investigations typically are secret.
But a year in, you would expect some information from the investigation, either some leaks or the target of an investigation, Bannon or someone or even Trump or the Trump kids, who have gone to court in New York, for example, to stop subpoenas and requests for documents from investigators.
We have seen none of that at the federal level. And so as a result, I think people like me are really worried that you have got a narrative developing that this is just some stray actors on January 6, and not potentially reaching all these other folks.
And if you`re going to leave out the conspiracy and provocation that preceded the January 6 attack that was stoked by Donald Trump and his coup plotters, you might as well call January 6 the day that Melania Trump photographed all the White House rugs, which is literally what she was doing on January 6.
MELBER: Right.
KATYAL: So I`m worried that the story that Justice Department so far has got isn`t the full story. But I want to give them some time.
MELBER: Yes, important points.
Reading from new reporting from the AP, it notes that, when Biden was declared the winner, they have this -- evidentiary documents on the indicted conspiracy person here, Rhodes, telling Oath Keepers: "Don`t accept it. March on the nation`s Capitol."
And that, according to some, is the view that there wasn`t a need for Trump`s words of encouragement, the action was already planned.
How do you legally analyze the idea that there may have been other independent threads, they may have congealed at some point and become coordinated or not? Walk us through the law on that?
KATYAL: Yes, I mean, defense lawyers always do that kind of game where they just take a snapshot and say, OK, on January 6, well, there`s this independent force that`s pushing for agitation and so on. Therefore, ignore everything preceding.
But I think -- and this is what I think Congress is looking at, this committee, is understanding the full narrative, which doesn`t begin, of course, January 6. It begins earlier with Trump saying stop the steal and all sorts of stuff, hiring John Eastman, this "law professor," in quotes, to write a memo, saying seven states can send a rival slate of electors to Washington and have those ones count.
And then, indeed, it`s come out just recently in the last week that there were actually seven fake slates of electors that were sent to Washington, and then the Justice Department, as part of this plot, was supposed to come in and cast doubts on the election.
All of this was just trying to create a house of cards that would last through January 6 and give cover for the vice president to try and invalidate the election results from November.
Now, it failed, of course, and despite all the violence and so on, but to just pretend it`s like something that spontaneously arose on January 6, I think you would have to be a moron to think that all this kind of, like "Spinal Tap," spontaneously combusted with the drummer on that day.
[18:25:18]
MELBER: Yes, straight talk and a "Spinal Tap" reference. We will take it.
Neal Katyal always appreciate your insights.
And I will remind people you can go to MSNBC.com/openingarguments for this and other legal breakdowns from Neal.
We have our shortest break now, just 60 seconds.
And when we come back, a top Obama adviser on the next challenge here in Washington.
We`re back in one minute.
(COMMERCIAL BREAK)
(BEGIN VIDEO CLIP)
UNIDENTIFIED ACTOR: Hello, my fellow Americans.
As I keep saying every chance I get, we`re in the middle of a cold, dark winter.
(LAUGHTER)
UNIDENTIFIED ACTOR: This winter is so dark, Republicans don`t think it should vote.
(LAUGHTER)
(END VIDEO CLIP)
MELBER: "Saturday Night Live" taking shots at Republicans there, implicit weather racism, and also at Joe Biden for a tough opening and a tough winter for this second year of his presidency, Omicron surging, the agenda stalling.
It`s become something of a theme. And that has people giving out what they tend to offer in Washington, which is advice for free. But some of it might make sense, some saying Biden has to just brag about his record more.
"The New York Times" noting that there`s a jobs boom that feels like the best kept secret in Washington and all the talk of supply chain crises reflects something good, which is strong demand.
And then there`s Democratic strategist James Carville with some advice.
(BEGIN VIDEO CLIP)
JAMES CARVILLE, MSNBC ELECTION ANALYST: You gloat and you promote. You run on what you got. You don`t run on what you didn`t get. Don`t talk about what you didn`t get. That`s what these -- Democrats whine too much, Chuck.
Just quit being a whiny party and get out there and fight and tell people what you did.
(END VIDEO CLIP)
MELBER: Enough with the whiny party.
Is he talking about the Democrats or is he just talking about all of us as we have gone through year three of Omicron? Because there`s been some whining.
Carville is making a serious point, though, that there has been within the Democratic Party and thus within its activist community and then the wider community of people who care about politics an obsession with roadblocks, like Senators Manchin and Sinema, instead of some of the wins, as he puts it, from year one.
That includes the job growth numbers, which are undeniable, which relates to a better economy, unemployment down to pre-pandemic levels. Have you heard about that?
Well, we turn now to someone who is about as White House-credentialed as James Carville, but with less of an accent, a senior adviser to President Obama who many Democrats have called on for advice, David Plouffe.
No offense. You just don`t have as memorable an accent David.
DAVID PLOUFFE, MSNBC POLITICAL ANALYST: No one does. He`s one of a kind, in many ways.
(LAUGHTER)
MELBER: No one does.
What do you think of this? Folks who caught "SNL," it had even more zingers at Biden, including the idea that things aren`t going well. And whether one wants to agree with that or think it`s fair or not, I think, as a real politics strategist, you would agree, "SNL" is not writing jokes and punchlines for one-half of the country.
They think it`s a punchline that people understand that it`s not going well. Do you see that as an issue? And what about Carville`s advice?
PLOUFFE: Well, first of all, the big thing is the political environment.
And the things that`s going to improve the political environment, both the White House and Democrats, is COVID being in the rearview mirror. So, if this summer, we`re endemic, and kids are going back to school next year without masks on, people are less worried about getting sick, there`s less influx into hospitals, then some of these economic statistics you just talked about, I think, can breathe a little bit.
The other thing I point out, in midterms, so twice in the last generation, you have had midterms that I think surprised people, in 1998, when Democrats picked up seats because the Republicans became over-obsessed with impeachment of Bill Clinton, and then in 2002, when Republicans weaponized the war on terror post-9/11.
[18:30:07]
So that`s the other piece of this. There needs to be something unusual that kind of breaks the pattern. So, environment improving is one, and that would be a big piece.
The second thing, I do think the Republicans are very flawed. All the attention right now is on Democrats and our flaw. Campaigns need to be about choices, not referendum.
And my sense is, you`re going to have a lot of Republicans coming out of these primaries for Senate races, governor`s races, and House races who are out of the mainstream. And we have historically done a pretty good job, I think, as a party of punishing particularly Senate candidates.
Ten years ago, Ari, they should have won back the Senate easily. But they kept nominating people who defended rape and witches, OK? So, like, that`s the two things, a party that`s out of the mainstream and you can make the pay for it and the environment.
Yes, better messaging, focus on your wins, all that`s important. But the big things I have learned in campaigns, messaging, organizing, they matter a great deal on the margin. You have got to do that well.
But the things that will best improve this for Democrats is the environment improving, and I think Joe Biden needs to lead us out of the pandemic. I wouldn`t let that happen to us. He`s got to lead us out of the pandemic, when it`s time to do so.
MELBER: Right.
And that goes to the trickiness of this, because the efforts to lead us out or to declare victory and move on, to take a twist on a famous Vietnam era phrase, don`t always work when you get your latest variant.
Take a listen to Senator Romney`s take on all this.
(BEGIN VIDEO CLIP)
SEN. MITT ROMNEY (R-UT): He`s got to recognize that, when he was elected, people were not looking for him to transform America. They were looking to get back to normal, to stop the crazy.
And it seems like we`re continuing to see the kinds of policy and promotions that are not accepted by the American people.
(END VIDEO CLIP)
MELBER: That might be a little overheated. And our top story tonight was that we don`t know what`s accepted by the American people because senators like Romney won`t allow up-or-down votes.
If they`re so convinced they have the majority with them, why not just have a majority Senate? Having said that, because my job is to keep everybody fair here, I got to press you, David, and say, is there a possible perception problem that, asked for COVID normalcy, which you just referred to, Biden and the Democrats are out on five other things?
PLOUFFE: Well, the biggest problem is, things aren`t back to normal. There`s no question about that. You`re right about that.
So -- and I think that clouds people`s view of what`s happened and some of these other issues. But, again, I think we will get back to some degree. And we will see. And I think you have got a better opportunity to explain what you have done, roads and bridges, all the support during the pandemic, leading us out of the pandemic.
By the way, the Republicans are genius at describing things like helping with a child care tax cut or helping those taking care of an aging relative as somehow like extreme socialism.
Look, you have got to pound them for that, and say, this is what we have done. This is what we tried to do, you, Republican candidate or incumbent, stayed in the way, and make them pay a price for that, because I do think that, at the end of the day, there`s a huge book of business the Democrats have accomplished. They need to sell that.
But the Republicans really haven`t been swung into the picture yet. And that`s what happens. And, listen, this is less probably about national Democrats than individual Senate and House and gubernatorial candidates doing that in their races.
And the notion that every Republican that comes out of these primaries is going to be like Glenn Youngkin, I just don`t buy it. I think you`re going to see a bunch of MAGA weirdos and extremists. And I think you can make them pay a price. So that`s what you have to do.
And, look, it`s two cohorts, Ari. In every swing state and district, you have got to set a swing voters that I think right now aren`t sure how they`re going to vote. Biden did well with them. I think Democrats are at risk at losing them, unless the environment improves and unless they prosecute the case better.
And then you have got turnout targets. And that`s really where you have to go back and report to the people who volunteered, who voted, particularly young people, that it mattered.
MELBER: Right.
PLOUFFE: And that`s why I still think getting a big climate piece of business done is part of a scaled-down BBB is essential. It`s important for the planet, most importantly, but I also think it`s good politics.
MELBER: Yes, MAGA weirdos.
David Plouffe tracking everything coming down the pike.
Always good to see you, sir.
PLOUFFE: You too, Ari.
MELBER: Appreciate it.
We`re going to fit in a break, but Dave and I were just talking about hardball and how does it work. Our special report coming up is about how the Democrats can learn from applying hardball on a very special day.
It`s a day where Chai Komanduri is with us. He`s coming up.
And, later, we will give you an update on the Texas synagogue standoff. Stay with us.
(COMMERCIAL BREAK)
[18:38:07]
MELBER: The United States Senate was supposed to vote today on reforming filibuster obstruction of voting rights.
But there is no vote today. About two weeks back, Democratic Leader Schumer laid out the case to adapt to what he called historic challenges to secure free and fair elections and about a high-stakes vote to change Senate rules on or before January 17, Martin Luther King Jr. Day.
Now, Schumer and Biden have never made such a big push before, and it was greeted then as big news to pressure those last Democratic holdouts.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: Here we are on the cusp of recognizing the life and legacy of Martin Luther King Jr., and we`re still grappling with the issues of nullification and voter suppression.
I hope Senator Manchin and Senator Sinema understand the seriousness of this.
MELBER: On or before MLK Day, that`s within two weeks, and the connection is deliberate.
CLAIRE MCCASKILL, MSNBC POLITICAL ANALYST: I think Chuck is going to put the bill on the floor and he`s going to put extreme pressure on Joe and Kyrsten.
(END VIDEO CLIP)
MELBER: Schumer, by going public that way, was supposed to invoke today`s holiday to put that -- quote -- "extreme pressure" on Manchin and Sinema.
Either Democrats could win or, in a loss, they could make those holdouts take this hard vote on the ultimate voting rights holiday, a day when more people and their own Democratic constituents might notice. That was the political threat.
And yet here we are. There is no vote today with Schumer backing off and signaling debate starting tomorrow on these voting rights bills, and arguing that a vote today turned out to be too difficult, with one Democrat out under COVID and also the bad weather.
But here`s the thing. Senator Sinema loudly reiterated she`s against reforming the filibuster. So Schumer doesn`t have 50 votes anyway.
[18:40:08]
The whole issue for today was whether this was a real threat to do the vote today for real, or a kind of an empty threat with a moving deadline.
Now, it`s not just about Chuck Schumer. It`s about something that anyone who follows Democratic politics is familiar with, the gap between top Democrats claiming filibuster reform is key to democracy itself and the future of the entire Biden presidency, and then not really acting like it, and not executing on a fairly standard piece of political hardball, which they claimed they would deploy two weeks ago.
Now, people can debate the efficacy of this Schumer MLK plan, but it was his plan. And he did back off.
Now, for Democrats concerned that party leaders don`t fight as hard as the other side time and time again, who feel like they have seen this movie before, well, another president did wants to talk about this kind of dynamic.
(BEGIN VIDEO CLIP)
GEORGE W. BUSH, FORMER PRESIDENT OF THE UNITED STATES: There`s an old saying in Tennessee. I know it`s in Texas, probably Tennessee, that says, fool me once, shame on -- shame on you. Fool me. We can`t get fooled again.
(END VIDEO CLIP)
MELBER: Close. It`s actually, fool me twice, shame on me. And that`s how some are feeling watching this routine.
Now, proportion matters. It is still overwhelmingly Republicans, not Chuck Schumer, that are responsible for the actual filibustering of these civil rights bills. And it`s Republicans who won`t consider even treating the voting rights carve-out like they do nominations are spending policies, which are not magically subject to this filibuster obstruction.
But when it comes to Democrats vowing more hardball than they are willing to actually enact, some activists may start to feel like J. Cole`s famous call for retribution. Fool me one time, shame on you. Fool me twice, can`t put the blame on you. Fool me three times, forget the peace signs. Let it rain on you.
There may be no easy answers, given how the Senate works, but many are demanding a level of change that goes beyond rescheduling the supposed tough votes.
Let`s get into it now with political strategist Chai Komanduri, a veteran of the Obama campaign and other Democratic presidential campaigns.
Welcome back.
CHAI KOMANDURI, DEMOCRATIC STRATEGIST: It`s good to be back, Ari.
MELBER: What do you think about this plan to use today for pressure, which has now been delayed?
KOMANDURI: Well, I would say that the delay is probably the least surprising news of this new year. I mean, everybody knew that there would simply not be a vote.
Manchin and Sinema did not back down. And the Republican opposition did not change. The problem here is that Democrats clearly knew the battlefield here. They knew the Republican opposition. They knew why Mitch McConnell would never allow this.
They knew how even supposedly non-MAGA Republicans, like John Roberts, Mitt Romney really have as a core belief the idea that the states should make it harder for minorities to vote, and it should be harder for all U.S. citizens to vote, and the history of Jim Crow simply isn`t applicable here.
That is a core Republican belief. That is something that Republicans have believed for many years. And Democrats knew this. And the problem is, is that we, quite frankly, as a party, have failed to have an effective message and combat all of the disinformation about this legislation in a way that is remotely effective.
MELBER: When you see Chuck Schumer say, in writing, look, we`re going to do this on MLK Day, and you might be in a more moderate or red state, but you`re still a Democrat, and you`re still going to get caught up in the intensity of today, of the civil rights mood, movement and substance of it, and whether it`s at the level of Democratic donors who align with some of these issues or civil rights-supporting Democratic voters, then that just evaporates.
What message does it send in politics to someone like Senator Sinema that, even in the rare time with Chuck Schumer publicly says, hey, you`re going to have a tough vote, she doesn`t have a tough vote today?
KOMANDURI: Well, it basically says that Senator Sinema and Senator Manchin simply do not fear Chuck Schumer, Joe Biden, or the Democratic grassroots.
Machiavelli famously said, in politics, it is better to be feared than loved. Now, that`s terrible advice for somebody in a personal relationship, somebody who`s worried about their mental health, but, in politics, unfortunately, that is very much true.
The reality is, is that Senators Manchin and Senator Sinema, they just simply do not fear Joe Biden, the Biden White House, the administration, the Democratic grassroots, the way that they should.
Probably, they feared them much more a year ago, when Biden was doing very well in the polls. I think, unfortunately, because of his polling drops, it has made him more susceptible for these sorts of maneuvers.
[18:45:04]
And I think one of the things that has become very clear to me is that this has become extremely personal for these two senators and President Biden. I mean, that speech that Kyrsten Sinema gave about a week ago with Joe Biden coming to the Senate...
MELBER: Yes.
KOMANDURI: ... I mean, there`s a lot of discussion as to why she gave such a speech.
But, to me, it was very clear the one real thing that she was trying to do was stick it to Biden. And that is something that she wouldn`t have done if she felt that he was stronger.
MELBER: Well, let`s -- Chai, let`s -- let`s take a look at that and get your reaction on the other side.
That was -- here`s Sinema on the floor.
(BEGIN VIDEO CLIP)
SINEMA: These bills help treat the symptoms of the disease. But they do not fully address the disease itself.
And while I continue to support these bills, I will not support separate actions that worsen the underlying disease of division infecting our country.
Eliminating the 60-vote threshold will simply guarantee that we lose a critical tool that we need to safeguard our democracy from threats in the years to come.
(END VIDEO CLIP)
MELBER: Of all the days she could have given that speech to reiterate what she is entitled to do, she won her seat, she chose to do it to blow up the incumbent president of her own party`s visit to her caucus.
In a different era or against a different president, that would be seen as a kind of a political suicide.
KOMANDURI: Absolutely.
It`s something that I could not imagine happening to President Obama. It`s something I could not imagine even happening to President Clinton. It is a really shocking thing that she had done.
And it is feels to me like a very personal thing that she had done, which I think is very unfortunate, because this should not be about personal politics.
I also think the substance of the speech was highly questionable. I mean, all the things that she said, I don`t think, really add up. I mean, the reality is, if she wants us to be bipartisan, she can reach out. She can actually go over and talk to Mitt Romney and Susan Collins, she already has Lisa Murkowski, et cetera, and try to do that on her own.
She doesn`t need Democratic leadership`s permission to do that. She certainly didn`t ask the leadership`s permission to go and intern at that winery last year. So I don`t know why she needs the permission of the Democratic leadership to try to forge a bipartisan agreement. She did that on the infrastructure bill.
So I don`t think that any of what -- her arguments, her substantive arguments, actually added up.
MELBER: Yes, the substance was bizarre, because nobody in America actually really thinks that these supermajority rules relate to anything that matters.
People generally want government to try to do good things, and they debate what`s good. But the idea that certain financial policies and certain nominees to random parts of the judiciary are 51 votes, and then a bunch of other important, urgent, emergency stuff have to be held to 60 votes, which means they never get it up-or-down vote, which means they never pass, I just don`t think you`re going to find regular, normal, thoughtful people who think that`s even a good thing.
She made the argument that somehow that that defends comity or bipartisanship. Chai, doesn`t it also just give people like her and Manchin a huge get "out of political jail free" card because they don`t have to take the other tough votes they would have to take on these on these nail- biting 50-vote issues?
KOMANDURI: Exactly.
I mean, I think that`s the real agenda here. The real agenda is to avoid some of these difficult votes. I think that also we talk about MLK Day. The filibuster has a terrible racist history. And it was quite dispiriting to see her sort of celebrate this as bipartisanship.
I mean, the MLK holiday itself was filibustered by Jesse Helms for 16 days.
MELBER: Imagine that.
KOMANDURI: So, it basically has that history. Yes.
MELBER: Yes, I mean, if this were a plot or a movie, you would say, oh, it`s interesting how everything ties together, but it`s real life. So when things tie together that are anti-democracy and anti-civil rights, it`s not such a neat narrative trick. It`s more of something we should monitor to try to fix.
But, as you have drawn the connections, they`re all there.
Chai Komanduri, good to see you, sir.
KOMANDURI: Good to be with you, Ari.
MELBER: Absolutely.
We`re going to fit in a break, but, as promised, before the end of the hour, we have the update on the rabbi held hostage in Texas revealing a story from inside.
Stay with us.
(COMMERCIAL BREAK)
[18:53:32]
MELBER: Turning to an open investigation into a potential anti-Semitic terror attack, authorities still gathering all the evidence, but a lot wrong with this picture.
Now, all four hostages are thankfully safe. This was after the 11-hour standoff inside a synagogue in Texas. The suspect, a British citizen, knocked on the door, was invited in and offered. A rabbi there, who was one of four hostages, describing when he realized something just was not right.
(BEGIN VIDEO CLIP)
RABBI CHARLIE CYTRON-WALKER, CONGREGATION BETH ISRAEL: I heard a click. And it could have been anything. And it turned out that it was his gun.
(END VIDEO CLIP)
MELBER: The rabbi also describing the gripping moment when they decided to escape.
(BEGIN VIDEO CLIP)
CYTRON-WALKER: When I saw an opportunity where he wasn`t in a good position, I asked -- made sure that the two gentlemen who were still with me, that they were -- that they were ready to go. The exit wasn`t too far away.
I told them to go. I threw a chair at the gunman, and I headed for the door. And all three of us were able to get out without even a shot being fired.
(END VIDEO CLIP)
MELBER: A senior law enforcement officials told NBC News the suspect died after being shot by the FBI hostage rescue team on site, and the suspect did not take his own life.
Law enforcement also praised the work that went into the negotiating for 11 hours. Now, as I mentioned, that is the emergency part of dealing with the live situation.The overall investigation into the entire incident continues.
[18:55:07]
And we will be right back with one more thing.
(COMMERCIAL BREAK)
MELBER: If you`re watching right now, you probably know you can catch THE BEAT at 6:00 p.m. Eastern here on MSNBC, but we do sometimes have things that go beyond what fits on TV, with our conversation and our special guests online.
Check it out.
(BEGIN VIDEO CLIP)
MELBER: Oh, my God, what time is it?
SETH MEYERS, HOST, "LATE NIGHT WITH SETH MEYERS": It`s time to do the interview, Ari. Put your phone is a moment. Come on, buddy.
JUANITA TOLLIVER, MSNBC POLITICAL ANALYST: It`s a moment. It`s a mood. It`s a vibe.
KATYAL: It`s part of the Trump M.O.
UNIDENTIFIED FEMALE: He`s a desperate man.
MELBER: Michael and Ari. It`s like "Roger & Me."
JEFF GARLIN, ACTOR: Dig this. You ready?
MELBER: What do you got?
GARLIN: I`m at the Emmys. I`m waiting to hear if "Curb" wins or not.
WILEY: What we need most is not ideology. It`s evidence.
UNIDENTIFIED FEMALE: This is Fish, and that`s Chips.
DR. RUTH WESTHEIMER, SEX THERAPIST: When are you going to call me?
MELBER: This week.
WESTHEIMER: OK.
MELBER: OK.
(LAUGHTER)
(END VIDEO CLIP)
MELBER: You can see it`s kind of looser sometimes than what we do on the news, with all the serious stuff. It`s THE BEAT after-hours. Come visit me @AriMelber on any app you use, including TikTok, where we`re brand-new, @AriMelber.
Thank you for spending time with us. That does it for me.
"THE REIDOUT WITH JOY REID" starts now.