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Transcript: The Rachel Maddow Show, 2/23/2021

Guest: Amy Klobuchar, Gary Peters�

Summary:

Senator Amy Klobuchar, chair of the Rules Committee in the U.S.

Senate is interviewed. Senator Gary Peters of Michigan, chairman of the

Homeland Security and Government Affairs Committee is interviewed.

Transcript:

CHRIS HAYES, MSNBC HOST: We can do it. Hang in there. Loyce Pace, thank

you so much for making time. Come on back.

That is ALL IN for this evening.

"THE RACHEL MADDOW SHOW" starts right now.

Good evening, Rachel.

RACHEL MADDOW, MSNBC HOST: Good evening, Chris. Thank you, my friend. Much

appreciated.

Thanks to you at home for joining this hour.

A lot to get to this hour after what has been a really busy day in

Washington. Lots of movement on President Biden`s cabinet nominees today,

on the COVID relief effort. One of those days where it seems like you`re

trying to watch a dozen different story lines at once.

But the event of the day, at the U.S. Capitol, which is still under

lockdown, surrounded by thousands of National Guard troops in the wake of

the January 6th attack on the Capitol, today was the first investigation.

Today was the first congressional hearing into what happened that day. What

went wrong at the Capitol on January 6th that allowed the pro-Trump violent

mob to storm the Capitol building, interrupt the certification of the

election, and come within just steps of the lawmakers who are in the

building that day, whose blood the mob was crowing for.

Today, two Senate committees took testimony from the officials in charge of

the Capitol security that day. I should tell you, we`re going to speak to

the chairs of both of those committees this hour. The witnesses at today`s

hearing were the acting chief of the D.C. Metropolitan Police who took over

that job just four days before the January 6th attack. As well as three

officials who resigned in the immediate aftermath of the attack. The former

head of the Capitol police, the former Senate sergeant at arms, the former

House sergeant at arms.

But it was interesting and it was sort of a surprise the way it unfolded.

Before senators started questioning those announced witnesses, the chair of

the Rules Committee, Senator Amy Klobuchar of Minnesota who is going to

join us in just a moment, she announced what was in fact a surprise guest.

Senator Klobuchar said the committees thought it was important to hear from

someone who was on the front lines, on the violent front lines defending

the Capitol on January 6th. She introduced Captain Carneysha Mendoza, a

member of the U.S. Capitol Police for 19 years. Prior to that, she was an

active duty soldier in the U.S. Army.

Captain Mendoza gave a riveting and terrifying account of her day at work

on January 6th.

(BEGIN VIDEO CLIP)

CAPT. CARNEYSHA MENDOZA, U.S. CAPITOL POLICE: It was approximately 1:30 in

the afternoon. I was home eating with my 10-year-old, spending time with

him before what I knew would be a long day. A fellow captain contacted me

and said things were bad and I needed to respond. I literally dropped

everything to respond to work that day, early.

I arrived within 15 minutes and I contacted dispatch to ask her what active

scenes we had. I was advised things were pretty bad. I asked where

assistance was needed and was advised of six active scenes. There was an

explosive device at the Democratic National Committee building, a second

explosive device at the Republican National Committee building. And large

hostile groups at different locations outside the Capitol building.

I made my way through the crowd by yelling and pushing people out of my way

until I saw Capitol police civil disturbance units in riot gear in the

hallway. They were holding the hallway to keep rioters from penetrating

deeper into the building. I immediately jumped in line with them to assist

withholding the crowd of rioters. At some point my right arm got wedged

between rioters and the railing along the wall. A sergeant pulled my right

arm free. Had he not, I`m certain it would have been broken.

Shortly after that, an officer was pushed and fell to the floor. I assisted

the officer to a safer location and got back in line. At some point, the

crowd breached the line officers worked so hard to maintain. Civil

disturbance units began to redeploy to keep rioters from accessing

different areas of the building. I proceeded to the rotunda where I noticed

a heavy smoke-like residue and smelled what I believed to be military grade

CS gas, a familiar smell. It was mixed with fire extinguisher smell by

rioters.

The rioters continued to deploy CS into the rotunda. Officers received a

lot of gas exposure which is worse inside the building than outside because

there`s no where for it to go. I received chemical burns to my face that

have not healed to this day.

I witnessed officers being knocked to the ground and hit with various

objects thrown by rioters. I was unable to determine exactly what those

objects were. I immediately assumed command in the rotunda and called for

additional assets.

Officers began to push the crowd out the door. After a couple hours,

officers cleared the rotunda but had to physically hold the door closed

because it had been broken by the rioters. Officers begged me for relief as

they were unsure how long they could physically hold the door closed with

the crowd continually banging on the outside of the door attempting to gain

reentry.

Eventually, officers were able to secure the door with furniture and other

objects. The night of January 7th into the very early morning hours of my

birthday, January 8th, I spent at the hospital comforting the family of our

fallen officer and met with the medical examiner`s office prior to working

fellow officers to facilitate a motorcade to transport Officer Sicknick

from the hospital.

Of the multitude of events I`ve worked in my nearly 19 years in the

department, this was by far the worst of the worst.

(END VIDEO CLIP)

MADDOW: This was by far the worst of the worst. U.S. Capitol police

captain, speaking today again, as I mentioned, this was an unannounced

guest. A surprise witness at today`s hearing. Captain Carneysha Mendoza, as

she said there, a 19-year veteran of the U.S. Capitol Police.

But that is how today`s hearing kicked off, searing testimony from that

senior Capitol Police officer on the scene on January 6, talking about

spending time with the family of an officer killed in the attack, talking

about her officers coming to her as a commander on the scene as they tried

to hold broken doors shut to keep the crowd at bay.

That testimony formed the set, the back drop for today`s hearing. Remember

how bad this thing was, worst of the worst. And then with that

understanding fresh in our minds, let us try to get to the bottom of how it

happened.

Here`s one theory of what happened that day. You might think the attack on

the Capitol was carried out by supporters of former President Trump. You

might think that because they carried giant flags that said Trump and

because they chanted things like "fight for Trump" as they stormed the

Capitol after a rally in which they were incited to do so by President

Trump.

You might think that white supremacists and other extremist groups because

members of those groups have been arrested and charged in the ensuing weeks

since the attack, and also because all the witnesses at today`s hearing,

one after another, all, uniformly confirmed that white supremacist and

extremist groups were among those that attacked the Capitol.

But Republican Senator Ron Johnson of Wisconsin had a wildly different take

today. Senator Johnson used his few minutes of question time today to muse

aloud and read a right wing blog post into the Senate record about how the

whole Capitol attack on January 6th was actually carried out by anti-Trump

protesters.

You see, all the people who committed all the violence that day, they were

faking being Trump supporters when they really weren`t. It was secretly

anti-Trump people who dressed up as pro Trump people. Like an elaborate

holiday pageant.

Yes. Everything was all very festive, as Senator Johnson described it,

until these anti-Trump provocateurs in costume started to riot.

This is not like a guy heckling the hearing today. Ron Johnson was actually

the chairman of the Homeland Security Committee, when Republicans run the

Senate. They made him chairman of Homeland Security. Well, gee, gosh, I

don`t know, have you considered that maybe this whole thing was a clever

costumed stunt by President Trump`s opponents? Have you considered that? I

read a blog about it once on the tweeter.

The Democrats now are on the Senate. Amy Klobuchar runs the Rules

Committee. She was one of those running the hearing today. She said this

later after the close of the hearing, pointedly. She said, quote: As our

hearing concludes, I want to make one thing clear: provocateurs did not

storm the Capitol. They were not fake Trump protesters. The mood on January

6th was not festive. That is disinformation.

Disinformation that was spread by Senator Ron Johnson of Wisconsin at this

hearing.

And while Senator Johnson used his time on spread that disinformation, his

successor, his Democratic successor, who is the new chair of Homeland

Security, Michigan Senator Gary Peters, will also join us tonight. He spent

his day today trying to run, you can, an actual hearing with questions and

useful information that advances our understanding of what happened on the

6th.

(BEGIN VIDEO CLIP)

SEN. GARY PETERS (D-MI): What did you see that leads you to believe that

this was a coordinated attack?

STEVEN SUND, FORMER U.S. CAPITOL POLICE CHIEF: One, these people came

specifically with equipment you bring climbing gear to a demonstration, you

bring explosives, you bring chemicals such as what Captain Mendoza talked

about. You`re coming prepared.

The fact the group that attacked our west front 20 minutes, approximately

20 minutes before the event at the ellipse ended which means they were

planning on our agency not being at full strength, you know, watching the

other events say, hey, that event is ending. OK, everybody get on post.

They`re going to be marching our way, knowing we may not be at full

strength at that time.

And then also the fact that we were dealing with two pipe bombs that were

specifically set right off the edge of our perimeter to what I suspect draw

resources away. I think there was a significant coordination with this

attack.

PETERS: Clearly here, we got a coordinated attack. All of you saw this

immediately. I can imagine the conversations with the National Guard.

And, Chief, you were stunned by the tepid response. Can you clarify that

and tell us how the conversations went?

ROBERT CONTEE, METROPOLITAN POLICE DEPOT. ACTING CHIEF: There was a phone

call that was convening between several officials. Chief Sund was on the

call, literally pleading. There were several army officials on the call. I

don`t know them all by name.

Several officials from district government were on the seasonable. Chief

Sund was pleading for the deployment of the National Guard. In response to

that, there was not an immediate yes of the National Guard is responding,

yes, the National Guard is on the way, yes, the National Guard are being

restaged from traffic posts to respond.

The response was more asking about the plan, what was the plan for the

National Guard. The response was more focused on, in addition to the plan,

the optics, about how this looks with boots on the ground on the Capitol.

And my response to that was simply, I was just stunned. I have officers out

there literally fighting for their lives. We`re kind of going through what

seems like an exercise to check the boxes and it was not an immediate

response.

(END VIDEO CLIP)

MADDOW: One of the things still unclear, all these weeks after the Capitol

attack, why there was this apparently lack of urgency at the Pentagon that

day. Why the Pentagon seemed to not get what they were being asked to do

and why. Why didn`t they immediately respond when they got these urgent

calls about the need for the National Guard to come supplant the defense of

the Capitol while the attack was underway, while the violence was in fact

heading toward its apex.

I mean, this is a call taking place at the 2:00 hour as the Capitol is

being overrun. They`re being begged to send in the National Guard. The

response as the chief just said, was not an immediate yes. Yes, the

National Guard is responding. Yes, the National Guard is on the way.

I mean, one thing that did not come up in today`s hearing but has still not

been explained about that desperate phone call the D.C. police described,

that the Pentagon initially lied about one of the military officers who was

on that call. The "Washington Post" reporting last month that after Trump`s

disgraced national security adviser Mike Flynn told President Trump he

should use military force and martial law to seize power despite the

election results, Mike Flynn`s brother was at the Pentagon and on that

call, the call where the Pentagon allegedly slow walked approving deploying

the National Guard.

Mike Flynn`s brother, Lieutenant General Charles Flynn, has denied that his

relationship with his brother was any sort of factor in the response to the

Capitol attack. But the army hand explained why they repeatedly lied when

they insisted multiple times that General Flynn`s brother had nothing to do

with it. That he was not on the call when in fact he was.

So to have one of the central figures in the president`s election

conspiracy, and the QAnon conspiracy, one of the central figures promoting

the disaster that was January 6th, to have his brother involved in the

inexplicable Pentagon decision on January 6th to not send the National

Guard to help the overrun Capitol police, that seems like something we

should learn more about. We need to learn a lot more about the Pentagon`s

lack of a response when they were being begged to respond in real-time.

At the end of today`s hearing, Senator Klobuchar, chair of the rules

committee, summed up a number of things we should be learning. How changes

are approved when they need resources, better intelligence sharing between

agencies, some security changes are needed at the Capitol building, the use

of the National Guard needs to be examined, how approval is made once

troops are requested.

She summed up what happened today at this hearing, it was very helpful

after this dense long hearing, especially because it is the first one that

looks at what happened January 6th. But then as soon as the hearing was

over, Senator Klobuchar announced there will be another hearing next week,

a second one. And that one is going to include Pentagon officials to get to

the bottom of among other things, what happened. When the call came in for

the National Guard and the answer was basically, no, it was de facto no for

hours.

So today`s hearing was finally something and it was something. It was also

just the beginning.

Joining us now is Senator Amy Klobuchar, who is the chair of the Rules

Committee in the United States Senate. One of the two committees that

oversaw today`s hearing.

Senator Klobuchar, I know it`s been a really long day. Thanks for being

here tonight.

SEN. AMY KLOBUCHAR (D-MN): -- thanks for including Captain Mendoza`s

testimony at the beginning. That was so important.

MADDOW: I can`t hear her.

KLOBUCHAR: Okay. Hold on.

MADDOW: Now I`m lost in space and nobody can hear me at all. All right.

This is one of those moments when I`m going to call an audible. We are

going to ask Senator Klobuchar to stand by. These are our technical

difficulties, I believe. Not hers.

We`re going to take a quick break. We`ll be right back with Senator Amy

Klobuchar, also Senator Peters, the two senators who chaired this hearing

today on the attack on January 6th.

We`ll be right back.

(COMMERCIAL BREAK)

MADDOW: I believe that we have tracked down, tackled and tickled to death

our technical gremlins and that will mean I may be able to hear Senator Amy

Klobuchar, the chair of the Senate Rules Committee when we bring her on. If

not, I`m out of here. Forget it.

Senator Klobuchar, thank you so much for your patience. I really appreciate

it.

KLOBUCHAR: No problem at all. Very good.

I was just saying earlier, I was so glad --

MADDOW: Yeah.

KLOBUCHAR: -- Captain Mendoza`s testimony, which is so important to the

story, all the front line officers.

But, you know, your point is what I really wanted to stress was that we

need solutions here. You can just throw popcorn at the screen all you want

at these hearings, but if we don`t get solutions out of it, we really

haven`t accomplished anything.

And despite Ron Johnson`s craziness and despite his literally refusal to

believe what everyone knows, that there was an armed insurrection at the

Capitol, most of the senators treated the witnesses with respect. They

asked their questions.

And Gary Peters, who I know you`re going to hear from today and I both

decided we want this to be a bipartisan constructive hearing and it was.

MADDOW: Senator, one of the things that I found, not baffling but sort of

increasingly frustrating, was the ongoing discussions and in some cases,

contentious discussions, about who had what intelligence in advance of

January 6th, and to what degree there were specific warning that`s this

could potentially be a violent event.

I know there is a lot to sort out but I thought you bottom lined it very

well by saying, listen, whatever exactly happened here between different

agencies, and between different intelligence silos here and things falling

in between groups and people not finding out what they`re supposed to find

out, the bottom line here is that this is not a system set up to anticipate

and handle a crisis. And I do feel like we`re splitting hairs here in terms

of how violent everybody knew things were going to be.

Looking at public source intelligence, I think a lot of people paying any

amount of attention thought there would be any chance of violence. Are not

we getting too bogged down into who got what report when?

KLOBUCHAR: -- questions from senators and I think we want to get the facts

so we can improve the process.

The two main things, January 3rd, they had an internal report with the

Capitol police that they should have listened to that reported thousands of

people were descending on Washington. And then the big one was January 5th,

the night before, FBI emails from the Norfolk office, they e-mailed a

report about that there`s evidence that there are people showing up who

want to go to war, who want to invade the Capitol.

And we just find out today that the chief only found out about it in the

last few days, that the sergeant at arms had not seen it. But you can`t

just press send at night. They also on their end had to have a way to see

these reports so that`s concerning.

Here are the things we talked about. One, better process on the

intelligence, obviously. But two, as you point out, why did the National

Guard take so long, will be our number one question at the Department of

Defense at our hearing next week.

The third thing is that this police chief reports to what is called a

Capitol Police Board which is three people, two of whom are the sergeant at

arms. So I want you to picture, they`re there guarding their member, trying

to get them on secure locations. The police chief calls them because of the

process in place to see if he can call in the National Guard. I think

anyone that heard that, Republican, Democrat, anyone watching knows we have

to change that process.

So there are some concrete things we can do in addition to figuring out how

we use the National Guard going forward. They were at the Capitol for years

after 9/11 in a smart way, how we change the security while still

preserving the public nature of the Capitol.

When we are through this pandemic, Rachel, we want student groups to come

and we want veterans groups and people to visit the Capitol so we cannot

lose the public nature of the Capitol. But it`s not going to be business as

usual when it comes to the security.

MADDOW: I know that decision making process at the Pentagon, the call with

request for help from the National Guard, and the muddled and slow response

to that, as you mentioned, is going to be the subject of the next hearing

that you are going to convene on this right away next week. And I`m really

glad to hear that.

I have to ask, in terms of the investigation that you all have done thus

far, what you`ve learned, including at today`s hearing, is there any

indication, is there any reason to worry that there may have been

essentially influence on the Pentagon side in terms of slowing down the

response? In terms of not allowing National Guard troops to come in and

back stop the police who are getting so overrun?

Was there any effort to try to let this riot run its course in a way that

is going to be not just a tragedy but a scandal?

KLOBUCHAR: I don`t know the answer to that question. I hope that would not

be true. We do know, I think it was Mitch McConnell who called President

Trump`s actions that day disgraceful and a dereliction of duty.

We know that he wasn`t making those calls to bring the National Guard in.

It was Vice President Pence, that it was the leaders of Congress on both

sides of the aisle. And so, we have no idea what actually went into that

delay.

One thing I would add is if you want to get the National Guard deployed,

some of this should have also occurred the night before, the day before

that, and that also was messed up on many sides.

So there are so many things that we can do and we all saw the horror as

pointed out by Jamie Raskin and the House managers. That was a big part of

the historical record, that impeachment hearing. But now, it`s on us to

improve the security at the Capitol, and to figure out exactly what went

wrong.

And I was actually pleased that we got these witnesses, three of whom, as

you pointed out, Rachel, have resigned from their positions in the wake of

what happened to come voluntarily and answer questions in a respectful

manner. I don`t think anyone thought we would pull it off but we believe

that the public needed to know what happened, and the only way this is

helpful for people is if we go forward with solutions. And that`s the next

step.

MADDOW: On that -- on that chain of command question, the decision making

question there, do you anticipate that you`ll ask Vice President Pence or

his staff to come in and testify about their role at any point?

KLOBUCHAR: Right now, we`re focused on the FBI, Homeland Security and the

Defense Department, because they have not come in and testified about this

yet. This was the first hearing in the Senate after the impeachment trial.

So that`s what we`re focused on.

I think part of what, and I spent that evening with Vice President Pence

because as Senator Blunt pointed out at the hearing today, at 4:00 in the

morning, it was just Vice President Pence and Senator Blunt and myself

walking with those two young women with the mahogany box, with the ballots,

over to the House where Speaker Pelosi was waiting so we could finish our

jobs. And I`ve talked to him about this directly but haven`t asked him

that.

I think we have to look at these in a lot of different tracks. Our job

right now is to look at the domestic terrorism and figure out solutions.

The Judiciary Committee will be going at it in a big way and Christopher

Wray will be testifying next week before the Judiciary Committee.

And then finally, major investigations going on in the Justice Department.

Already, people charged and I think you heard Merrick Garland speak

hurtfully about how important this is to him and all of this by the way is

going on while we must do our other work. Get the people confirmed and

also, for Joe Biden`s cabinet, and also, see that light at the end of the

tunnel getting through this pandemic.

And we have a very solemn ceremony today for the 500,000 Americans that

have lost their lives. I`m so proud this new administration, it was just

announced, up 70 percent from when Joe Biden came in with the number of the

vaccines that they`ve sent out to the states.

There is a lot going on here as you point out every night. But we still

have to make sure that this temple of democracy is safe.

MADDOW: Senator Amy Klobuchar, the chair of the Rules Committee in the

Senate that convened this first hearing today on the events of 1/6 at the

Capitol. Thank you for your forbearance with our gremlins there. I really

appreciate it.

KLOBUCHAR: Thank you.

MADDOW: All right. We got much more ahead. As I mentioned, the head of the

Homeland Security Committee, Gary Peters, will be joining us. Peters will

be joining us.ity se Peters will be joining us. Peters will also be joining

us.

Lot`s more still to come. Stay with us.

(COMMERCIAL BREAK)

MADDOW; The reason that Texas Republican Senator Ted Cruz is opposed to

President Biden`s health secretary nominee, he says, is that that nominee

Xavier Becerra is not a doctor. If you`re going to be health secretary, you

must be a doctor, says Ted Cruz. So Senator Cruz is against Xavier Becerra

because Becerra is not a doctor.

Nevertheless, Senator Ted Cruz voted for the last health secretary under

president Trump who was a man named Alex Azar. Senator Cruz voted for Alex

Azar to be health secretary, even though you`ll be shocked to learn, Alex

Azar is also not a doctor.

See, it`s unacceptable to nominate a non-doctor to be health secretary

unless that nominee is from a Republican president in which case I have to

go.

Republican Senator Richard Burr of North Carolina has also expressed

objection to Xavier Becerra being nominated as health secretary. Senator

Burr`s objection is that Xavier Becerra served on coming for a long time on

committee that`s had important oversight roles in health care issues,

involved in a lot of health care policy that way. But Senator Burr said

that`s not appropriate experience for someone joining the cabinet to work

on health issues.

That`s his stance against Xavier Becerra being health secretary. Yes, he

worked on health stuff a ton in Congress but that`s not the kind of

experience you need for being health secretary in the cabinet. Despite

stance now, under President Trump, Senator Richard Burr expressed great

enthusiasm for a Trump cabinet nominee named Dan Coats. Dan Coats was

nominated to be director of intelligence.

Why did Dr. Burr like Dan Coats for that job so much, even though Dan Coats

had never held any national security or intelligence job ever before

getting that nomination?

Well, Senator Burr explained it at the time. He said Dan Coats would be an

excellent choice for director of national intelligence. He said his

experience as a valued member of Senate Intelligence Committee will help to

guide him as the next director of national intelligence. He said I think

his time on the committee has served him to understand what that role

entails.

So to be clear, just serving in Congress, being on committees that work

something, that`s not enough to make you qualified to serve in the cabinet

only issue unless you`re nominated by a Republican president and then it`s

okay. If you`re nominated by a Democratic president on the same basis, then

you are deeply unqualified and you must be withdrawn.

President Biden`s nominee for agriculture secretary, Tom Vilsack, was

approved 92-7 today. The president`s nominee for U.N. ambassador, veteran

diplomat Linda Thomas-Greenfield was confirmed as well, 78-21.

But Republicans are rummaging in their hats for any rabbits they can find

to try to slow down or stop all the other Biden cabinet nominees that they

have targeted.

Xavier Becerra batted down objections from Republican senators at his

confirmation today. Got objections that Republicans are raising against

minimum they have no problem with at all from President Trump`s nominees in

similar circumstances.

Today, President Biden`s nominee for interior secretary, Deb Haaland, had

her confirmation hearing as well, and the knock on her for Republican

senators is that Deb Haaland has expressed concerns about oil and gas

drilling on public lands. Hmm, well, I can see why that would be very

difficult for them to swallow.

Do you know who else expressed concerns about oil and gas drilling on

public lands? Joe Biden, who was elected president after publicly and

repeatedly expressing those concerns, after making campaign promises about

how he would govern as president, saying he would vector those publicly

stated concerns of his into effect when he made policy as president. He was

elected president saying I`m a little worried about oil and gas drilling on

public lands and I`m going to do something about it.

So yes, he has chosen somebody to be interior secretary who agrees with him

only. It would be weird if he didn`t. It would be a scandal if he didn`t.

He wouldn`t campaign on protecting public lands from oil and gas drilling

and then put someone in charge of that part of the government and say gung

ho, let`s drill the bejesus out of some sacred national monuments. I can

get this done. I won`t tell Biden.

Right. Who did you think he was going to nominate?

But these shocking revelations about Deb Haaland that she holds the same

policy positions that literally anyone nominated by President Biden to this

position would have to hold to get the nomination, that means Republican

senators will not only vote no against Deb Haaland. They spent today

telling her how terrible she is and they want Biden to withdraw the

nomination because it is so outrageous that she agrees with him on basic

policy matters that he campaigned on.

Good luck with that. Deb Haaland will be confirmed. She will be the first

native-American ever confirmed to a U.S. cabinet position and it will be

celebrated by native communities coast to coast like nothing you`ve ever

seen. Almost all Republicans will have nevertheless opposed her on the

grounds that she, heaven forbid, agrees with the president on a major

policy issue.

When almost all, if not all Republican senators oppose her, native

communities in their states will never forget that vote ever. Deb Haaland

will be confirmed by the Senate regardless of Republicans` bad faith

objections to her. And Xavier Becerra will be confirmed by the Senate,

again, too, regardless of Republican senators` bad faith objections to him.

If you didn`t care that Alex Azar was not a doctor, you can`t explain

that`s your big explain with this other guy who isn`t a doctor either.

That`s how you teach a first grade better what bad faith means. Deb Haaland

and Xavier Becerra will be confirmed, just like Tom Vilsack and Linda

Thomas-Greenfield were confirmed today. Just like Merrick Garland will be

confirmed as our next attorney general despite all the Republican senators

standing up and intoning solemnly about how much they`re horrified by any

hint of the White House trying to influence the workings of department

prosecutors.

You can actually read these Republican senators` "lock her up, lock her up"

tattoos through their shirt sleeves. While they are making these pious

arguments as if this is something they have strong principled feelings

about after they never once peeped about president Trump burning the

Justice Department down in terms of interference. Lock her up, lock her up.

Anyone who is arguing to you that Democrats need to scooch over to the

Republican senators on confirmations, withdraw any confirmation that`s

Republicans don`t like, anybody who is telling that you Democrats need to

scooch over to the positions of Republican senators on policy and start

doing things that they say they want instead of what President Biden and

the Democrats campaigned on and what they can do and want to do, because

scooching over to the Republican side will build good faith with

Republicans. It will build goodwill.

If only the Democrats unilaterally give stuff to the Republicans they don`t

need to give up, the Republican there`s appreciate about that. It`s a good

faith sign. It will break open a new era of substantive bipartisan

cooperation.

Anyone arguing that to you in this century, in 2021, is not watching what

the Republicans are actually doing in the Senate, or the absolutely bold

bad faith with which they are behaving toward Biden nominees.

But beyond Republicans trying to pull the same bad faith stuff over and

over again, the other person playing that same bad faith game within the

Democratic Party is West Virginia Senator Joe Manchin who is very

concerned, he says about, civility, about temperament, of all nominees and

he won`t vote for any of them if they don`t meet his exacting standards

about civility and temperament and comportment.

(BEGIN VIDEO CLIP)

BRETT KAVANAUGH, SUPREME COURT JUSTICE: I worked my tail off.

SEN. SHELDON WHITEHOUSE (D-RI): And did the word you used --

KAVANAUGH: I already answered the question.

WHITEHOUSE: You like alcohol. You answer that.

KAVANAUGH: I like beer. I like beer.

WHITEHOUSE: OK.

KAVANAUGH: I don`t know if you like beer, Senator or not? What do you like

to drink? Senator, what do you like to drink?

WHITEHOUSE: Next one is -- judge, have you --

(END VIDEO CLIP)

MADDOW: Joe Manchin voted for Brett Kavanaugh`s confirmation to the

Supreme Court. Senator Manchin voted for Trump Ambassador nominee Ric

Grenell who had a rap sheet a mile long of insulting women online for their

looks, women in politics, insulting politicians` family members, ripping

mostly Democrats and some people in the media, mostly women, in nasty

sexist terms over and over again for years. He was like a professional

Twitter troll.

Joe Manchin voted to confirm Ric Rendell. Joe Manchin voted to confirm men

with records like hat. And even behavior in the witness assistant like

that. But he has decided this year with a president of his own party, with

a Democratic president in power, he has a new standard now. Now he says the

Biden nominee, Neera Tanden, her history of having said things like, oh,

calling Mitch McConnell Voldemort or calling Ted Cruz heartless, he has

decided that what is violates this new line he`s just drawn for civility

and comportment, a line that he did not apply or even reference when

considering dudes nominated by Trump over and over and over again.

But here for Neera Tanden, nominated to run the Office of Management and

Budget, well, this young lady got to watch her mouth. A new standard for

her.

We are watching two things in Washington right now where there`s

legitimately totally open question as to the outcome. One is about the

minimum wage. The parliamentarian of the Senate is set to decide if the

rules in the Senate are going to allow the Democrats to cast a rise in the

minimum wage with just 50 votes or will it need to be 60, in which case it

won`t happen because ten Republicans won`t support it.

We are waiting on that legitimate question. We`re also waiting to see what

will happen to the Neera Tanden nomination to run the Office of Management

and Budget. The double standard she`s being judged by one Democratic

senator, by Senator Joe Manchin of West Virginia is something that so far

he`s mounted no defense to at all, which is getting to be astonishing,

given the stark know of the double standard that he`s applying to her

compared to the Trump nominees that he was happy to approve without any

reference to the things he`s saying are a bright line for him with this

nominee.

But it`s interesting. In previous Democratic nominations, we might have

seen them caving over issues like this. In this case, they`re not.

President Biden`s nominee is standing by Neera Tanden, not withdrawing her

nomination, saying she is their nominee and they intend to see her through.

Senator Schumer, the Democratic leader in the Senate, also standing by her

in the Senate, saying that she is the nomine and they intend to see her

through. It`s just Joe Manchin. Just him presumably, hopefully, thinking

hard about his own ethical standards, and why this particular nominee felt

so over the line for him when he`s been very happy to vote for multiple

Trump guys who are so far over the line. It didn`t even register as a line

at that time.

I think that Senator Joe Manchin not only knows his power but I think he is

an introspective guy who thinks about his ethical role in the world and I

find it hard to believe that he is not reconsidering his position on this

given the stark double standard he`s applying without any effort to defend

it. The White House is not withdrawing her name and why should they?

Senator Manchin hasn`t even tried to explain himself yet.

I don`t know where this one ends but Neera Tanden will get voted out of

committee tomorrow. So, questions being called.

Watch this space.

(COMMERCIAL BREAK)

MADDOW: One of the repeated lines today from the Senate hearing on the

Capitol attack was that the deadly events of January 6th were the results

of an intelligence failure. Officials testified that while they were made

aware of threats of violent leading up to January 6th, they didn`t expect

they weren`t prepared for this level of violence.

Former chief of the Capitol police testified based on the intelligence they

received his team, quote, planned for an increased level of violence and

that some participants may be armed, but none of the intelligence we

received actually predicted what actually occurred.

Here`s the thing, though, if officials made aware of potential armed

protesters, why were they not prepared for an armed insurrection? I mean,

they were expecting, what, a little bit of violence, a manageable amount of

armed attack on the Capitol, a containable riot? I mean, now that we`re

getting into the investigation that we saw today with this hearing on

Capitol Hill into what happened on January 6th, it does still feel like

there was this elephant in this room.

Honestly, there was plenty of intelligence. I remember reporting on it

before January 6th. Plenty of open source intelligence that a mob of Trump

supporters primed for and capable of violence was going to be in D.C.

during the electoral vote count. The president called them specifically for

that date for that reason. He told them it was going to be wild. That was

his word "wild."

The under-armed, undermanned, underprepared security response to that is

not because nobody knew they were coming. It is because of the still

unexplained underestimation of the seriousness of the potential for

violence from this kind of crowd specifically. Why is that?

Joining us now is Senator Gary Peters of Michigan, chairman of the Homeland

Security and Government Affairs Committee, one of the two committees that

convened at the Capitol attack.

Chairman Peters, thank you so much for making time tonight, Senator. I

really appreciate you being here.

REP. GARY PETERS (D-MI): Great to be with you, Rachel, as always.

MADDOW: So one of the questions that was raised indeed on January 6th and

especially in the immediate aftermath was the question of whether the

potential for violence here was underestimated because the expected

protesters were largely white and conservative and were seen as allied with

the Republican Party and a Republican cause.

Are we any closer to discerning whether or not that perception of the crowd

was key to the underestimation of their potential for violence that day?

PETERS: Well, I`ll tell you, Rachel, it is hard to understand how they

could possibly underestimate the potential for violence with this rally. It

was clear, as you mentioned, which is absolutely clear, on social media it

was all over the place.

In fact, we had reports of this crowd that was going to descend on the

Capitol to "Stop the Steal", when we know how the "Stop the Steal" was code

word for getting folks incredibly angry and agitated that their democracy

was being taken from them. We have President Trump constantly talking about

it. You mentioned his tweets calling people to come on January 6th.

So it was certainly all over social media. It was pretty clear for anyone.

In fact, I remember friends coming to me and saying, Gary, how do you feel

going to Washington? Are you concerned about what`s happening?

These were not intelligence experts. These were men and women, friends of

mine, folks on the street. It was very clear that something bad could

potentially happen.

But then you also had intelligence reports, as we brought up today. On

January 3rd, a report from Capitol Police that talked about, in fact, what

is public is the fact that it was going to be different from some of the

activities that occurred earlier where there was violence against groups,

between groups, that this one was -- the target was Congress. It was

Congress itself that was going to be the target of violent activity.

And if you remember, the Capitol police, your job is to protect Congress

and it was -- it was out there. So, it is very difficult to understand why

the kinds of -- or the procedures were not put in place to make sure there

was adequate protection, making sure the police had riot gear, to make sure

they were able to protect the Capitol close up, to make sure the National

Guard was able to respond and be ready to respond at a moment`s notice,

which we know didn`t happen.

MADDOW: Well, now that these hearings from started, you and Senator

Klobuchar convening this hearing today. We have heard there is going to be

another hearing soon with Pentagon officials. I am very interested in that

question on what happened at the Pentagon when that call came in asking the

National Guard`s help, and they got hemmed and hawed for hours before any

National Guard troops were on the ground, backstopping those police

officers who so desperately needed the help.

What is your biggest remaining black box? What`s the -- what`s the biggest

open question for you that you feel needs to be answered most urgently that

could be answered by the kind of inquiry that you and your committee are

pursuing?

PETERS: Well, this next hearing is taking a broader look. Certainly what

happened on January 6th and the question that we certainly need to have

answered is why did it take so long for the National Guard to respond?

As you recall today in the hearing, I actually asked the chief of police,

the Metro D.C. Police, he was on that call and he said he was shocked by

the tepid -- it was his word -- tepid response from the Department of the

Army when they were calling -- actually pleading for help to have the

National Guard. He said the response coming back from the army official is,

well, what are your plans? When it should be, we will be there. We`ll get

there. Let`s talk about all of that, but we`re going to send folks to you

right away.

That didn`t happen. It shocked the chief of police of the Metro D.C. police

force that that was the response that they were getting. We`re going to ask

those questions. We`re going to have someone from the Department of Defense

at our hearing next week.

But we`re also going to need to look at the broader issue, something I have

been focused on over the last couple of years and plan to focus intently on

now as the chair of the Homeland Security Committee. This is the rise of

domestic terrorism, of white supremacists, of anti-government groups. We

saw it firsthand in Michigan unfortunately with a group that was plotting

to kidnap our governor and perhaps kill her.

We`ve seen folks descend our Capitol and the state of Michigan heavily

armed. This is a very concerning development. It is getting worse. We have

to treat it with the seriousness that it deserves.

We know that we need to get more intelligence on what these groups are up

to and make sure that we disrupt any type of plots they may have to attack

government buildings and officials, innocent folks, whatever it may be, we

need to be better prepared to deal with domestic terrorism, and that will

be a big part of what we talk about next week. And, certainly, we saw

evidence of that on the Capitol grounds where groups came.

In fact, we heard in testimony today that there were folks that were

engaged in military-type operations on that ground, trying to create even

more chaos and perhaps capturing members of Congress to kidnap them.

This is serious business. We have to treat it seriously. It was not treated

seriously by the previous administration. In fact, you could argue it was

encouraged.

That`s got to stop. We`re going to take those steps to unfold.

MADDOW: Senator Gary Peters of Michigan, chair of the Homeland Security

Committee, with a mission statement there that is frankly good to hear,

sir. Thank you very much. Godspeed to you. Thanks.

PETERS: Thank you.

MADDOW: All right. We`ll be right back. Stay with us.

(COMMERCIAL BREAK)

MADDOW: That`s going to do it for us tonight. We`re expecting another busy

news day tomorrow. We will find out if Democrats are going to be able to

move an advance, a rise in the minimum wage through a process that means

they will only need 50 votes in the Senate, which might mean it would pass

as opposed to needing Republicans to side with them.

We`re also expecting to see the man who Donald Trump put in charge of the

Post Office for the purpose of breaking it. We`re going to see him tomorrow

before a House Oversight Committee. That should be lots of fireworks. That

starts tomorrow morning.

It`s going to be a busy day tomorrow. We`ll see you again tomorrow night.

Now, it`s time for "THE LAST WORD WITH LAWRENCE O`DONNELL."

Good evening, Lawrence.

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY

BE UPDATED.

END

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