Summary
Donald Trump and his allies target the chairman of the Joint Chiefs, General Mark Milley. FOX News` employer vaccine mandate is examined. Is the failure of Trumpism in the California recall a blueprint for Democrats elsewhere? New action comes from the DOJ to fight back as Texas wages war on reproductive rights. U.S. gymnasts speak out to Congress on abuse and the FBI`s failure to act.
Transcript
NICOLLE WALLACE, MSNBC HOST: THE BEAT with Alicia Menendez, in for Ari, starts right now.
Hi, Alicia.
ALICIA MENENDEZ, MSNBC HOST: Hi, Nicolle. Thank you so much,
And welcome to THE BEAT. I`m Alicia Menendez, in for Ari Melber.
[18:00:01]
We begin with Donald Trump and his allies now attacking the chairman of the Joint Chiefs, General Mark Milley, for alleged treason, this response coming after that bombshell in a new book, revealing Milley talked to China fearing, an unhinged lame-duck Trump would start a war with his hand on the nuclear copes.
(BEGIN VIDEO CLIP)
DONALD TRUMP, FORMER PRESIDENT OF THE UNITED STATES: First of all, if it is actually true, which is hard to believe, that he would have called China and done these things and was willing to advise them of an attack or in advance of an attack, that`s treason.
REP. MATT GAETZ (R-FL): There`s new revelations Chris, that General Milley actually placed himself above the president of the United States. I think these are very dangerous people. I think they need to be removed from their positions of power.
SEN. JOSH HAWLEY (R-MO): General Milley, he needs to resign. If he doesn`t resign, he needs to be fired. This is dangerous territory that we`re in and there`s got to be accountability.
(END VIDEO CLIP)
MENENDEZ: The nation`s top military officer feared Trump`s mental capacity.
The book detailing secret phone calls between Milley and his Chinese counterpart, one of them just two days after the deadly January 6 riot, Milley reassuring him Trump would not initiate an attack on China -- quote -- "We are 100 percent steady. Everything`s fine. But democracy can be sloppy sometimes."
Today, the Pentagon saying they have full confidence and Milley, backed up by the president.
(BEGIN VIDEO CLIP)
QUESTION: Did General Milley do the right thing?
JOE BIDEN, PRESIDENT OF THE UNITED STATES: I have great confidence in General Milley.
(END VIDEO CLIP)
MENENDEZ: Neither the Pentagon nor Milley himself denies this reporting.
A spokesperson for Milley stating: "He regularly communicates with chiefs of defense across the world."
Let`s put this into context. These calls came out of concerns about the president`s mental stability, with an unhinged president publicly and privately raging about an election he falsely believed was stolen.
The Pentagon was worried Trump would execute a coup with his control of nukes. Here was the Pentagon`s response to the allegations of treason.
(BEGIN VIDEO CLIP)
QUESTION: So, for him to say, if the allegations made in the book by Woodward and Costa were true, then the chairman should be put on trial for treason.
JOHN KIRBY, PENTAGON PRESS SECRETARY: Oh, my goodness.
(END VIDEO CLIP)
MENENDEZ: Joining me now, Congressman Ted Lieu of California, former HUD Secretary Julian Castro, and the Center for American Progress` Daniella Gibbs Leger.
Thank you all so much.
Representative Lieu, I`m going to start with you.
Your view of Milley`s actions and what it says about the state of our democracy that General Milley ever found this action necessary.
REP. TED LIEU (D-CA): Thank you, Alicia, for your question.
I previously served on active duty as a JAG. And what General Milley was referring to was a rogue nuclear launch. There will be an legal order. And military members do not carry out illegal orders. General Milley absolutely did the right thing by trying to prevent anybody from carrying out an illegal order.
Now, at the same time, the fate of the entire world shouldn`t depend on one general. That`s why I introduced legislation for years with Senator Markey that would require congressional authorization before the president of the United States can initiate an unprovoked nuclear first strike.
MENENDEZ: Secretary Castro Senator Rubio writes -- quote -- "It is a dangerous precedent that should be asserted at any point in the future by General Milley or others. It threatens to tear apart our nation`s longstanding principle of civilian control of the military."
Your response?
JULIAN CASTRO, FORMER U.S. HOUSING AND URBAN DEVELOPMENT SECRETARY: I think the dangerous precedent was Donald Trump.
It was open secret that there were so many people in office who considered Donald Trump a threat to the security of our country and our world. And it never should have gotten to that point, Alicia.
The fact that it did get to the point was just one more glaring example of how unbalanced Donald Trump was, the fact that he never should have been elected in the first place, and that we not only need to address what happened with Donald Trump, but, as Gavin Newsom reminded us last night after he gave a speech, when he gave a speech after his win, Trump is gone from office, but Trumpism is not dead.
We need to do what we can to stamp that out, this big lie, this fraud that lends itself to this unbalanced approach in our government. So others will debate what the general did. And, of course, we have civilian command in this country. That is the proper way to do things.
But the dangerous precedent was Donald Trump.
MENENDEZ: Daniella, to that point about Trumpism, here`s Representative Gaetz, what he says about the January 6 riot. Take a listen.
(BEGIN VIDEO CLIP)
GAETZ: The Department of Justice has to maintain this theory that the January 6 detainees maintain an ongoing threat to the government of the United States, so that they are able to take the national security apparatus and turn it against our people.
[18:05:03]
If Kevin McCarthy really wanted accountability for the Stalinist tactics of the January 6 committee, he would remove Liz Cheney and Adam Kinzinger from the committees that they serve on.
(END VIDEO CLIP)
MENENDEZ: Daniella, it is easy to talk about all of this as though it is in the rear view. But it is very much in our present reality.
There are ongoing threats to the homeland right now, including domestic terror groups, and elected officials who continue to use bombastic, ridiculous language to describe the response to those threats.
I asked Congressman Lieu about the state of our democracy. How dangerous is this continued disconnect from reality that we`re seeing from some electeds?
DANIELLA GIBBS LEGER, CENTER FOR AMERICAN PROGRESS: Yes, it`s extremely dangerous.
And I give credit to the Biden administration for starting to really look at what is going on when it comes to just white supremacist extremism that is fomenting in the Republican -- in parts of the Republican Party.
And to hear Matt Gaetz talk about threats to democracy, it`s laughable, because you had the president of the United States basically do a siren call to his supporters to come and attack the seat of democracy. So I will not take any lectures from Matt Gaetz, certainly not from Donald Trump, about what is a threat to democracy and what is not.
MENENDEZ: Well, and that siren`s call continues to blare.
Representative Lieu, fencing is going to be installed around the Capitol tonight ahead of Saturday`s Justice for J6 Rally. Capitol Police have asked for National Guard support. Are you worried?
LIEU: I am worried.
And all that Republican Leader Kevin McCarthy has to do to reduce the risk of further political violence is say one simple truthful sentence: The election was not stolen.
The refusal of Republican leadership and of most Republicans in general to not say that one simple truthful sentence is a reason that we are going to spend all these resources on January -- on Johnny 6, plus now on September 18, to protect the Capitol and to protect members of Congress.
But this is outrageous. They simply need to tell the truth to their base subject.
MENENDEZ: Secretary Castro, do you think it is that simple? Do you think that hearing it from representatives, from members inside the GOP is enough to undo, to counteract this false MAGA narrative of what happened on January 6?
I agree it is a part of it. But is it the totality of the undoing that needs to happen?
CASTRO: It`s an important part of it, because whether it`s Kevin McCarthy or any number of other Republican officials, they have pretended as though -- knowing full well that this is a big lie, they have pretended like it`s the truth. And that makes it a lot worse.
That allows that misinformation, the disinformation to spread, and for people to believe it. It`s also, Alicia, frankly, going to take something that I think Republicans and Democrats agree on a lot of the times is, for instance, better civics education in our middle schools and high schools, these longer-term investments that we need to make in our democracy.
It`s going to take voting rights legislation that Democrats need to get passed in the United States Senate, so that Republicans cannot rig these elections in their favor based on the big lie. It`s going to take a lot of things in the years to come.
MENENDEZ: Daniella, I want to read you another excerpt from the new book about Mike Pence seeking advice from Dan Quayle, who says: "Mike, you have no flexibility on this. None. Zero. Forget it. Put it away," Quayle said.
"I know. That`s what I have been trying to tell Trump," Pence said.
Quayle told Pence to: "Let it go. I do know the position you`re in. I also know what the law is. You listen to the parliamentarian. That`s all you do. You have no power. Just forget it."
Daniella, so much to unpack there. What does it tell you that Dan Quayle is his lifeline? And what does it tell you that Quayle`s big argument to Pence is, you have no power?
(LAUGHTER)
GIBBS LEGER: I mean, I read that live and it just -- I shook my head, just like I did just now.
Also, Dan Quayle, elder statesman of the Republican Party, I suppose. I mean, Mike Pence, there`s a part of me that sometimes feels a little bit sorry for him. But, no, I don`t because he knew what he signed up for when he joined Donald Trump.
And the fact that he was still trying to figure out like, well, is there a way for me to get out of this without totally ticking off my boss, maybe not totally subverting democracy? Just throw them all away, all of them.
MENENDEZ: Yes, Representative Lieu, the argument, you have no power, is that where we were?
LIEU: Let me just say having Dan Quayle be the savior of the republic was not on my bingo card.
(LAUGHTER)
LIEU: I am pleased that Dan Quayle did tell that to Mike Pence.
And we`re in a position now where you have radical Republicans continue to feed the big lie that somehow this election was stolen. More than 10 months after the election, they still can`t tell you who stole the election, nor how it was done.
[18:10:07]
And that`s because the election was not stolen. They`re just making this up. And I just urge Republican leaders to stop it, because it`s going to increase the risk of further political violence.
MENENDEZ: You know, Secretary Castro, you put all of this together, and it begs bigger questions about the rail guards that are necessary for our democracy.
You talked a little bit about civics education. You talked about voting rights. When we hear this all retrospectively, when we look forward to what is happening on Saturday, how do we make sure that what happened never happens again, that we never get to that point again?
CASTRO: We need to -- folks need to show up, they need to register to vote, they need to get out and vote. Congress needs to do its job.
I know Representative Lieu and so many others have in terms of voting rights legislation. We need to take this seriously. This is a cancer on our democracy. And so we need to make every effort to combat it. And, ultimately, I believe that a lot of this also is about making sure that our youngest Americans understand how precious our democracy is, know how it works, and are more educated in general and able to sift out truth from lies.
MENENDEZ: Representative Lieu, Secretary Castro, Daniella Gibbs Leger, thank you all so much for getting us started.
Coming up: powerful testimony from American gymnasts about abuse and how the FBI let it happen.
(BEGIN VIDEO CLIP)
SIMONE BILES, U.S. OLYMPIC GYMNAST: This is the largest case of sexual abuse in the history of American sport. It truly feels like the FBI turned a blind eye to us.
MCKAYLA MARONEY, NASSAR ACCUSER: They allowed a child molester to go free for more than a year.
(END VIDEO CLIP)
MENENDEZ: Plus, big news about the employer vaccine mandate over at FOX News.
And the failure of Trumpism in the California recall, is this a blueprint for Democrats elsewhere?
Stay with us.
(COMMERCIAL BREAK)
[18:15:41]
MENENDEZ: Now to the raging COVID crisis.
Brand-new details tonight exposing the hypocrisy of the loudest voices at FOX News, who are blasting President Biden`s plan for employer vaccine mandates.
(BEGIN VIDEO CLIP)
UNIDENTIFIED FEMALE: It is the beginning of the communist-style social credit system.
If you`re a dissident, if you don`t agree with the party in power, you will be punished.
SEAN HANNITY, FOX NEWS: You better get the vaccine, or Dr. Joe Biden is going to unleash the full force of the federal government against you and your loved ones and your employer. And you will be canceled in society altogether. You will be shut out of everything.
TUCKER CARLSON, FOX NEWS: Without mass resistance, that is exactly what is coming and it`s coming soon. And once it does come, the question is, where does it go from there?
(END VIDEO CLIP)
MENENDEZ: Where does it go from here? It goes to Tucker Carlson`s own employer.
Turns out FOX`s vaccine policy actually goes further than Biden`s. Remember, Biden is calling for weekly testing of many private sector workers who don`t get vaccinated.
In a newly revealed internal memo, FOX outlining a vaccine policy that is stricter, involving daily COVID testing. The memo also detailing FOX`s system for staffers to tell the company their vaccination status, and boasting that over 90 percent of employees are fully vaccinated.
Now, that is a good thing. Health experts are clear vaccines work, and, evidently, so do mandates.
The FOX hosts are so in confusion about both, which is critical because the pandemic is still raging. "The New York Times" reporting today on hospitals across the South reaching crisis levels, one in four hospitals in the region reporting over 95 percent of ICU beds are occupied.
I`m going to get into all of this with two experts when we`re back in 60 seconds.
(COMMERCIAL BREAK)
MENENDEZ: Joining me now, Juanita Tolliver, Democratic strategist, and Dr. Ebony Hilton, associate professor at the University of Virginia.
It is great to see you both.
Juanita, you heard me talking about the hypocrisy of some on FOX. Here`s one more for you. Take a listen.
(BEGIN VIDEO CLIP)
WILL CAIN, FOX NEWS: She said you have no right to board a plane if you`re unvaccinated. It`s not an American right guaranteed in the Constitution to board a plane.
I believe, by the way, the 1964 Civil Rights Act was purposely, intentionally brought through the Constitution, through the Interstate Commerce Clause. It was so that we can recognize the right of black Americans to enjoy interstate travel.
(END VIDEO CLIP)
MENENDEZ: Juanita, your reaction to that comparison there?
(LAUGHTER)
JUANITA TOLLIVER, MSNBC POLITICAL ANALYST: It`s laughable, Alicia.
Like, come on. Now, really? This FOX News host is going to invoke the Civil Rights Act? Like, what? I can`t even wrap my head around this, because the irreparable harm that they have done to their audience, the irreparable harm that they have done to this country, with hundreds of thousands of people not only getting infected with COVID, but dying from COVID.
And to find out that 90 percent of full time FOX employees are vaccinated, like, Alicia, my first reaction on hearing that was, I know you`re lying. I know you`re lying. This cannot be the truth, especially when you have their hosts get up there every single day and make arguments like this one, like this one, when their audience is suffering?
And the data backs it up, Alicia, because, earlier this summer, the polling showed that FOX News viewers were 20 points less likely to get vaccinated than MSNBC viewers, CNN viewers, ABC viewers. And we can only imagine how that is translating into what we`re seeing with the overcrowding hospitals and ICUs across the country.
[18:20:05]
So, FOX has really committed to driving this lie forward, all for ratings, and at the cost of human lives. And it`s truly inhumane. It`s truly inhumane.
MENENDEZ: Dr. Hilton, of course, Juanita gets it totally right there, which is that the hypocrisy comes at a cost.
I mentioned the stress on Southern ICUs. How concerned are you about what we are seeing right now in the South, Doctor?
DR. EBONY HILTON, UNIVERSITY OF VIRGINIA: Oh, very concerned.
I would call it hypocrisy, if it wasn`t cannibalistic. What we know is that vaccines make you five times less likely to be infected. It makes you 10 times less likely to be hospitalized, 11 times less likely to die.
And if you`re looking at per capita, the top five states in the nation right now for new infection rates, for new hospitalizations, for death for COVID, literally, every single one of those five states literally was won by Trump, except for one state. When we`re looking at the top five states per capita for hospitalizations, one state stands out that was not won by Trump. And it was actually Georgia.
And we know what had to happen for it -- in order for that to happen. And so what we`re seeing is, if you are in a state that`s led by Republicans, if you`re in Mississippi or Florida, you`re literally 10 times more likely to die from COVID.
And it`s not just adults. When we`re looking at children, if you`re in those Republican states, your child is four times more likely to be infected. If you`re in those schools that have a ban or they say we will not mandate masks or vaccines, your child is 3.4 times more likely to die.
That`s what the Republican Party are doing to their base. But then, when you even look at their family, Governor Kemp`s sister-in-law died from COVID. If you look at a Republican representative out of Maine, Johansen, his wife died from COVID. And the next week, he was at an anti-vax rally.
If they`re willing to sacrifice their own, what do you think they will do to you?
MENENDEZ: Yes, I mean, Juanita, that perhaps answers the next question, which is that you have polling showing 60 percent of voters support Biden`s vaccine mandate. They are following the science.
Does this then become a losing battle for Republicans? And to the point that Dr. Hilton was making, do they care?
TOLLIVER: Absolutely a losing battle for Republicans.
And not only does that poll show it, but we saw it in the referendum yesterday in California with the failing recall effort, where we know Larry Elder made vaccine mandates a central part of his campaign. It failed. They do not care.
As Dr. Hilton just mentioned, they`re willing to sacrifice their own. And we know that also applies to their broader base of voters. So it`s not only friends and family they`re willing to sacrifice. It`s their voting base, which honestly has a cap, a cap that they have recognized under the party leadership of Trump, that they cannot expand because the rhetoric is so harmful and racist, and really drives out the worst in this country.
So, no, they don`t care, Alicia, and they`re going to pay the price as we face more and more elections. I think we have more November elections this year, and then midterms next year, where Republicans running against vaccine mandates, against things that we know families are losing their loved ones over in this pandemic, they will lose.
MENENDEZ: We`re going to be talking a little bit later about the California recall, for those of you who have not gotten enough about that story.
Dr. Hilton, today, "The Washington Post" reported a grim COVID milestone. One in 500 Americans have now died of COVID-19. Those numbers, of course, at some point would have seemed unimaginable.
When we talk about these vaccine mandates, how critical are they to helping turn those numbers around?
HILTON: It`s absolutely critical.
At this point, if we`re looking at literally the number of deaths we have had in 2021 vs. 2020, we`re outseating ourselves. And it`s very interesting, actually, to see who is actually dying, again, bringing up the point of this rhetoric leading to the death of their own base.
There was a six -- or six to eight times more likely chance that you were going to die from COVID-19 if you were black vs. white back in early March, April of 2020. We`re now seeing that number is now cut down to being twice as likely.
And I`m not saying that`s a great thing, right? We should not have racial health disparities. But when we do know, it`s not because black people are dying less, but it`s because white people are dying more. And this unnecessary death, it comes at a cost, because we`re not seeing the older population die at the higher rates that we were seeing.
We`re now seeing, it`s that midrange group. We`re seeing 30-, 40-year-olds dying in an ICU. And they`re leaving behind children. And we knew orphans were a problem earlier in the pandemic, but we`re looking at 120,000 children left to now raise themselves, when you have a vaccine that can keep you alive, keep you out of that ICU, keep you from needing that ventilator and keep you at home to be able to see your children to school the next day.
It`s simply not worth it.
MENENDEZ: Yes, when you read those stories, it`s hard to comprehend.
Juanita Tolliver, Dr. Ebony Hilton, thank you both.
[18:25:00]
Still to come: Trumpism absolutely trounced in California`s recall. I`m going to talk to a Democratic insider.
Also, new action from the DOJ, fighting back as Texas wages war on reproductive rights.
And searing testimony from U.S. gymnasts on abuse and the FBI`s failure to act.
Stay with us.
(COMMERCIAL BREAK)
MENENDEZ: Breaking news.
Right now, for the first time ever, four civilians are preparing to go to space. Moments ago, the soon-to-be astronauts entered the spacecraft, which will launch from Cape Canaveral tonight after a series of final system checks.
The three-day trip will be the very first mission to space without a professional astronaut on board. MSNBC is going to have live coverage of this historic launch. It is expected around 8:00 p.m. Eastern time.
Now, Trumpism rebuked in a Democratic stronghold, and there could be a lesson in it, California voters rejecting the GOP-led push to recall Democratic Governor Gavin Newsom.
And it wasn`t close, with around 70 percent of the ballots counted, Newsom winning with 64 percent of Tuesday`s vote, an almost 2-1 margin, a big victory for Newsom and a devastating rejection of MAGA.
The leading Republican in the race, Larry Elder, parroting Trump on everything from COVID safety measures to immigration to hyped claims of election fraud.
In his victory speech, Newsom saying this:
(BEGIN VIDEO CLIP)
GOV. GAVIN NEWSOM (D-CA): I said this many, many times on the campaign trail.
[18:30:01]
We may have defeated Trump, but Trumpism is not dead in this country.
(END VIDEO CLIP)
MENENDEZ: Now, California runs deep blue, so Newsom`s victory not a shocker.
The real warning sign for Republicans is their failure to slow the MAGA candidate. There were other more moderate Republicans running, but Elder got all the oxygen, a dynamic that could spell trouble for the GOP in purple states, where Republicans need to appeal to moderates, only to find themselves cornered by MAGA`s rabid base.
Joining me now, Xochitl Hinojosa, Democratic strategist and senior adviser and communications director, former communications director at the DNC.
Xochitl, your main takeaway from this race?
XOCHITL HINOJOSA, DEMOCRATIC STRATEGIST: This was an embarrassment for Trumpism.
I saw what Governor Newsom had said, and I have heard other Democrats say this before, that Donald Trump might be gone, but Trumpism isn`t. And this is just an example of how MAGA and Trumpism isn`t as strong as it was before. They lost the 2020 election. They lost this recall that they forced California to spend millions of dollars on.
They believed that this was going to be a sign ahead of the midterm elections, and potentially states like Virginia and New Jersey. And, if anything, this just shows how strong the Democratic Party is, how strong Democratic governors are, and how this is looking pretty bad for Trumpism moving forward.
So, if I were them, I would be a bit worried. And it also is a huge win for Governor Newsom. He ran on COVID. And the race was about COVID. And now you have a contrast in Governor Newsom, where he mandated mask-wearing, has COVID protocols, and then states like Abbott and DeSantis, who aren`t taking those steps.
MENENDEZ: I want to read you this from Josh Marshall, founder of Talking Points Member, who argues: "There was a credible Republican candidate, the former mayor of San Diego, who basically went nowhere. Trumpite radicalism made Larry Elder the de facto challenger."
So, Xochitl, based on your analysis and based on that, I wonder, do you think Republicans look at what happened in California and think, OK, we need to rethink our primary strategy, or do they not have the leverage over the MAGA wing necessary to do that? Is there even a distinction between the Republican Party and the MAGA wing?
HINOJOSA: Well, the moderates don`t have -- they don`t control the MAGA wing. Only Donald Trump does.
And even then, we have seen them try to primary -- the MAGA folks try to primary moderate Republicans in a number of states. And so, no, they don`t have control of that.
I think that, if they did, you wouldn`t see this recall necessarily happening in California. You wouldn`t see Donald Trump going off and holding rallies. You wouldn`t actually see Republican leaders bowing to Donald Trump, going to visit him at Mar-a-Lago, worried about what they say about him.
So this is a pretty big red flag for Republicans going ahead of the midterm elections, whether they`re going to side with Donald Trump and continue to lose, or whether they`re going to try to take ahold of their party and try to message to the American people.
MENENDEZ: I want to pull up some exit polling in California. And you and I have been through enough elections to know that you should always read these exit polls with a grain of salt.
But the pandemic was the top issue for California voters, with three in 10 saying it was the most important in determining their vote. So, as you well know, Newsom`s handling of COVID part of what brought this recall, also part of what helped him win.
Is that dynamic going to show up in 2022? And how do Democrats then plan for that?
HINOJOSA: I think it will show up in 2022.
For the last four years or so, Democrats have been saying that health care is top of mind for voters. And they were right in the last midterm elections. That`s how Democrats won. Health care and the economy, those were the two top issues.
We then entered a pandemic where there was a stark contrast between Democrats, who were wanting to put forth COVID protocols, who were listening to science, listening to experts, and then contrast that with Republicans who were not.
And it still seems like Democrats can make that case with what`s happening in Texas and Florida. And you know Florida well, Alicia. There are COVID cases that are skyrocketing there. And things aren`t getting better anytime soon. This will be a political issue.
And I would say health care will be on the ballot. But, really, the pandemic will be on the ballot in 2022.
MENENDEZ: You know, there was a dynamic that played out in this race that you and I are very familiar with, Xochitl, which is that, with a few weeks left, the numbers at that point not looking particularly promising for Newsom, there was all of a sudden panic about Latino voters, about whether or not Latino voters had been sufficiently engaged in this election, which, if you have ever done Latino voter engaging work, you know this is like part of the cycle that you go through every election, where all of a sudden people tune back into the fact that it`s a huge swathe of the electorate, especially somewhere like California.
Newsom did win the Latino vote by 88 points in Latino-heavy districts. What is the lesson there both about investment and about messaging?
HINOJOSA: I have to give it to Governor Newsom and the state of California.
Their Democratic Party knows how to mobilize voters. They know how to turn them out. They know that you need to invest in Latinos year-round. And you know this very well. In many presidential elections, you end up showing up to Latino -- to the doors of Latino families asking for their vote when you don`t have a relationship with them.
[18:35:12]
I think the Democratic Party has changed. You saw Joe Biden invest in them early on. You see outside groups like Building Back Together and other nonprofits who are actually investing in Latino voters now. They`re talking to them directly about why President Biden`s agenda works for them.
And that is what Governor Newsom has done. And so I do think that this is a lesson that, if you talk to Latino voters year-round, not just in an election year, that you can win them over and they will mobilize and vote.
So, this is a big lesson for Democrats. And my hope is that they continue to invest in them moving forward.
MENENDEZ: All right, Xochitl Hinojosa, as always, thank you.
Ahead: a major move from the DOJ trying to thwart a war on reproductive rights in Texas.
But, first, the emotional and gripping testimony from American gymnasts about abuse and allegations that the FBI turned a blind eye.
That`s next.
(COMMERCIAL BREAK)
[18:40:09]
MENENDEZ: Today, a powerful and incredibly emotional hearing on Capitol Hill, three of America`s greatest Olympic athletes, Simone Biles, Aly Raisman, and McKayla Maroney testifying about the abuse they suffered at the hands of us gymnastics doctor Larry Nassar.
It comes after a government report on damning evidence of the FBI`s mishandling of the case, allowing Nassar to treat gymnast long after agents knew about the accusations against him.
(BEGIN VIDEO CLIP)
BILES: This is the largest case of sexual abuse in the history of American sport. It truly feels like the FBI turned a blind eye to us. I don`t want another young gymnast, Olympic athlete, or any individual to experience the horror that I and hundreds of others have endured before, during and continuing to this day in the wake of the Larry Nassar abuse.
(END VIDEO CLIP)
MENENDEZ: This morning, the FBI fired an agent for failing to properly investigate the allegations of abuse.
But it comes too late for hundreds of women and girls exposed to a sexual predator.
(BEGIN VIDEO CLIP)
ALY RAISMAN, NASSAR ACCUSER: I can`t tell you the -- how horrifying it is to meet young girls who look up to me, who watched me compete in the Olympics and tell me that they went to see Nassar because of me and my teammates, because they wanted to see the Olympic doctor.
And I guess, in his office, Nassar`s office, he had some photos of us. And so they went to see him because they thought it was so cool to have the same doctor as us. And so it`s -- that`s been one of the hardest and most devastating parts for me is, so many survivors suffer with guilt and shame.
(END VIDEO CLIP)
MENENDEZ: These women today testifying after years of public criticism over everything from their performances to what they have said about their own mental health, even their facial expressions.
But now, after years of being silenced, Maroney with a striking indictment of the FBI and everyone who was supposed to protect these young athletes.
(BEGIN VIDEO CLIP)
MARONEY: They chose to lie about what I said and protect a serial child molester, rather than protect not only me, but countless others.
I was naked, completely alone with him on top of me, molesting me for hours. I told them, I thought I was going to die that night. I began crying at the memory over the phone, and there was just dead silence.
After that minute of silence, he asked: "Is that all?"
The truth is, my abuse was enough. And they wanted to cover it up. They chose to falsify my report, and to not only minimize my abuse, but silence me yet again. They allowed a child molester to go free for more than a year.
What is the point of reporting abuse if our own FBI agents are going to take it upon themselves to bury that report in a drawer?
(END VIDEO CLIP)
MENENDEZ: Joining me now, civil rights attorney Nancy Erika Smith.
Nancy, I think we all watch that, and we say, how does that happen, and why does that happen? And what does accountability look like from here on in?
NANCY ERIKA SMITH, CIVIL RIGHTS ATTORNEY: Well, it was certainly heart- wrenching, unfortunately, and, sadly, not surprising.
Law enforcement in the United States, including the FBI, has a horrible record of not protecting women and children, period. And there`s very little accountability in law enforcement in the United States, and especially in the FBI.
Juries have repeatedly found the FBI guilty of sex and race discrimination in their own offices. The FBI failed to interview numerous witnesses in the Kavanaugh attempted rape case, and now he`s a Supreme Court justice for life.
And the law requires everybody who comes in contact with these kinds of allegations on behalf of children to report it, not only to other law enforcement, local law enforcement, but to child protection agencies.
None of these people have been prostituted. And they never are. This happens all the time in America. And it`s just shocking and horrible. And there`s no accountability.
Langeman just got fired. He was the head investigator who Ms. Maroney went to. And he buried it for 18 months and then lied about it. He was just fired. And I, unfortunately, believe that`s because the public was going to hear about this in a hearing.
Abbott, the head of the office, he retired. He is collecting a taxpayer pension today. All of us are paying his pension after he sacrificed these young girls to a pedophile in order to advance his own career. He was seeking a job with the Olympic Committee.
It`s just disgraceful. And there`s no accountability.
MENENDEZ: So, I think what I`m hearing from you is that you don`t anticipate any criminal charges.
[18:45:02]
SMITH: I don`t anticipate them. If they`re coming, they`re really, really late. They should have been -- happened a long time ago.
MENENDEZ: I want to get your thoughts on something else.
Aly Raisman discussed the lasting impact abuse like this has on survivors. Take a listen.
(BEGIN VIDEO CLIP)
RAISMAN: I personally don`t think that people realize how much experiencing a type of abuse is not something that one just suffers in the moment. It carries on with them, sometimes for the rest of their lives.
(END VIDEO CLIP)
MENENDEZ: Your thoughts?
SMITH: That is absolutely how my clients feel.
It is a lasting hurt. And even hearing this today, many, many women who are survivors of abuse and sexual assault are hurting. And we continue to hurt, all of us, until we really change this. And we can`t change this until we change law enforcement. And I mean, a deep, significant change in law enforcement.
MENENDEZ: Right.
I think a lot of people watch these incredible athletes, who in their own way have a tremendous amount of power, and they think, if they were not believed, then what happens to all of the survivors who don`t have the public platform, right, who don`t have the athletes?
What does this tell us more broadly about the way that the system and that we as a society treat survivors?
SMITH: Well, it tells us that we value men phenomenally more than we value women and children. And we have since the beginning of time, and we still do today.
Men, even a pedophile, is more important than women and children. That`s our culture. And we`re trying very hard to change it. And we have a long way to go.
MENENDEZ: Today, FBI director Christopher Wray condemning the FBI for its bungled investigation. Take a listen.
(BEGIN VIDEO CLIP)
CHRISTOPHER WRAY, FBI DIRECTOR: I want to be crystal clear. The actions and inaction of the FBI employees detailed in this report are totally unacceptable.
These individuals betrayed the core duty that they have of protecting people.
(END VIDEO CLIP)
MENENDEZ: Beyond that admission, what is it you want to see next?
SMITH: I want to see massive overhaul of law enforcement. I want to see accountability. I want to see the end to qualified immunity for law enforcement officers who break the law, including not investigating and reporting child abuse and crime against women.
I want to see more women hired into law enforcement. I want all new policies. I want accountability for a change in law enforcement.
MENENDEZ: Yes, Nancy, I guess my question is, what would it take to have that type of action?
I mean, this was an incredibly emotional and incredibly powerful hearing. It seems as though the eyes of the nation are on these women. It would seem that, if not now, when?
SMITH: Right. I agree.
So Congress should immediately stop calling qualified immunity for law enforcement officers, immediately, immediately. Our taxpayer-paid law enforcement officers should be subject to the same laws as the rest of us. And they should be held accountable when they don`t protect us and when they actually participate in harming us, which is what the FBI did to these young women and all the young girls who followed them after Ms. Maroney in 2015 reported it.
How many girls were continued to be raped and abused by this man? All of them are -- it`s the FBI fault. It`s just outrageous. There should be a lot more accountability and prosecutions and a total overhaul of law enforcement and an end to qualified immunity.
No one is above the law. And, certainly, law enforcement shouldn`t be.
MENENDEZ: Nancy Erika Smith, thank you so much.
SMITH: Thank you, Alicia.
MENENDEZ: Ahead: The Department of Justice a major move to block Texas` anti-choice law.
That`s next.
(COMMERCIAL BREAK)
[18:53:03]
MENENDEZ: The DOJ is seeking an emergency halt on Texas` restrictive new abortion law, calling it -- quote -- "an unprecedented scheme to deny women and providers the ability to challenge it in court."
The DOJ arguing the law is structured to evade judicial review and also enables private people to sue anyone who provides a prohibited abortion.
The 19th reporting this has created a -- quote -- "chilling effect," causing some providers to stop working in Texas. The DOJ also asserting the law is unconstitutional, as well as harmful, highlighting women desperately seeking abortions out of state since the law went into effect, including one minor raped by a family member who traveled eight hours from Galveston to Oklahoma for an abortion.
Another patient -- quote -- "facing violence at the hands of her husband who is selling personal items to scrape together the funds she needs to discreetly leave the state."
Joining me now, NYU law professor Melissa Murray.
Melissa, talk me through what the DOJ is trying to do here.
MELISSA MURRAY, MSNBC CONTRIBUTOR: The Department of Justice is seeking either a temporary restraining order or a preliminary injunction that would block the law from being enforced while its constitutionality is being litigated.
And this is a critical step. This is typically what happens in these challenges to abortion laws. It hasn`t happened here because of the scheme, the enforcement scheme, that Texas has put in place, where it has delegated the enforcement of the law to private citizens.
The DOJ noted in its request for a temporary restraining order and preliminary injunction that that was one of the reasons why the United States was uniquely situated to pursue a TRO, or a preliminary injunction, here, because the state has purposely tried to evade other mechanisms of traditional review.
MENENDEZ: Right.
And Attorney General Garland spoke about the long-term effects of a law like this. Take a listen.
(BEGIN VIDEO CLIP)
MERRICK GARLAND, U.S. ATTORNEY GENERAL: This kind of scheme to nullify the Constitution of the United States is one that all Americans, whatever their politics or party, should fear.
[18:55:10]
If it prevails, it may become a model for action in other areas by other states and with respect to other constitutional rights and judicial precedents.
(END VIDEO CLIP)
MENENDEZ: So, Melissa, he used the word scheme, same word you use, which is exactly what this is. And he posited that this scheme could apply to issues other than abortion, to rights other than abortion.
To which other policies could we see this applied?
MURRAY: Well, I think if progressives were trying to play hardball here, I think you would see in a lot of blue states the similar kind of private enforcement delegation for the enforcement of gun control laws or things like that, or to limit the opportunity for individuals to exercise their Second Amendment rights.
So you can imagine this working on a lot of different levels. And it doesn`t solely have to be about abortion. This idea of private enforcement can apply in a lot of different contexts. And I think Attorney General Garland is exactly right. It`s a slippery slope.
And if we go down it here, what`s to say that we won`t decide to pursue it in other areas where it may be more advantageous for others with different political leanings?
MENENDEZ: You know, I was talking to a leader in Texas who works specifically on funding for abortions in the Rio Grande Valley. And she contended that people have known this is coming and that people on the ground have been preparing for what the lived reality of this is going to be as it plays out in the courts, and that they all know that the Mississippi case is happening just sort of right in the shadow of this.
For you, from your legal perch, where does this fight go from here beyond this injunction?
MURRAY: Well, this case is going to go back to the Supreme Court in some fashion. It will likely go back to the court probably roughly contemporaneously with the court`s decision -- the court`s hearing oral arguments in that Mississippi case, which is slated to happen in this upcoming Supreme Court term.
But, right now, there will likely be a series of interlocutory appeals of the various procedural motions in this case from the DOJ. And then we will still have the rest of the enforcement actions if they continue to happen, if the law is allowed to continue to be enforced, happening on the ground in Texas.
So this is not the last that we will hear of this. I think we have a long road ahead. And maybe the court will forestall all of this by deciding the Mississippi case in some fashion. But there`s a lot here to dig into for the next couple of weeks and months.
MENENDEZ: You heard some of the stories that I was sharing that the DOJ chose to share about women traveling across state lines for abortions. There were stories about minors seeking parental consent.
Explain to us from a legal vantage point why those stories are necessary to make a compelling and cogent argument.
MURRAY: Well, actually, very unusual in this DOJ brief.
Typically, in a TRO, or a preliminary injunction, you want to establish, if you are the movant, that you are likely to prevail on the merits, and that there will be irreparable harm if the TRO isn`t granted.
So I think those very personal stories go to the question of the irreparable harm on the ground to women in Texas who will be foreclosed from getting the reproductive care that they need. But to have this being made by the Department of Justice, usually, these kinds of claims are made by providers.
It is unusual to have the force of the United States speaking on behalf of pregnant persons in Texas who are trying to exercise their constitutional rights.
MENENDEZ: Supreme Court Justice Amy Coney Barrett made headlines for saying the Supreme Court justices aren`t -- quote -- "partisan hacks."
Your take?
MURRAY: Well, I certainly hope that that`s the case.
I think her statement is probably undermined somewhat by being on the same podium as Mitch McConnell while she was making it, so the optics of it weren`t fantastic, but I think the sentiment, we hope, is one that we all can subscribe to.
MENENDEZ: All right, Melissa Murray, as always, thank you so much for your time.
That does it for me. Be sure to watch my show this weekend. That`s "AMERICAN VOICES." It is on Saturdays and Sundays from 6:00 p.m. to 8:00 p.m. Eastern right here on MSNBC.
"THE REIDOUT WITH JOY REID" is up next -- Joy.
JOY REID, MSNBC HOST: How you doing? Good evening. Thank you very much, Lisa. Have a wonderful evening.
All right, good evening, everyone.
We begin the THE REIDOUT with a message to Republicans. OK, we get it. COVID is the precious, and you love it. You love COVID so much, you want it to spread into schools, at the office, in the Walmart, on the cruise ships and at the club.
That great spongy ball with the red spikes, you want it pumping through your veins with an ivermectin chaser. Why do you love it so daggone much?
Well, we have absolutely no bloody idea. But here`s the thing, you weirdos. Everyone else, everyone knows hates COVID. It is ravaging classrooms and hospitals across the nation, like in Southern Illinois, where zero ICU beds are available.
Similar shortages are happening all over the South, including in Alabama, where a man`s family said he died after being turned away from 43 hospitals.