under us, so just in january, we issued more than $3 million to deal with that situation. so we are helping people move from the very worst they can be, to the best they can be. >> the last thing before we go, the first black woman to lead in more than four decades, what has been the importance of representation because that is a huge representation. that is a huge instance. >> the important thing is i know the people that i represent, they are my people. >> i will say among your people are me, because they sort of incorporated it. >> you know that i want my red. >> we had it all covered. >> between the two of us we have it covered. secretary marcia fudge. that is tonight's reading. all in his up next. tonight on all in. >> how does ohio feel about donald j trump? >> to the big vote in ohio at

the top of the ticket, runs out of cash. >> i am very humbly asking if you can chip in, five, 10 or even $25. >> the first result from a crucial senate primary, and the danger of a nominee, desperate for money. >> i would like to take the cash away, so they can't use it on the campaign. and then a trump white house aide breaks his own news. >> the little story here is going to prison today. >> as trump lawyers release their supreme court argument for absolute immunity, and the indicted front runner turns his attention to a campaign cornerstone. >> please ride for the horribly and unfairly treated january 6th hostages. "all in" starts right now. >> good evening, from new york,

i am chris hayes. once again election night in america, primary voters are heading to the polls in arizona, florida, illinois, kansas and ohio. and ohio in particular is him to perhaps the most consequential and highly contested of those races, on the ballot tonight. and polls closed does an hour ago, which means we are expecting results to triple throughout this hour, as always, steve kornacki will join me at the big board to break it down. there he is, hard at work, getting ready. the reason why ohio is the state a watch is because republicans are trying to unseat the term democratic senator, brown, he has remained an like for marble in the buckeye state, despite voters, they are drifting dramatically to the right over the past decade, brown, a progressive the prolabor democrat has managed to hold his seat. republicans feel the tide is turning, and in the 2022 election, a devoted trump sycophant. and it is true that senator brown is vulnerable, even as he

holds a narrow lead in the polls right now. and ohio, certainly has not trended anymore left since brown and has trended more to the left, since brown in 2018, and, candidate quality matters. and, that is the question at hand tonight. and right now the republican primary is effectively a decade, between the establishment back senator, state dolan, and a trump endorsed guy, bernie moreno. and also running a secretary of state, frank rose there on the right, you might remember him from his failed attempts to keep abortion rights off the ballot of ohio last year. of the secretary of state. and, a former card dealer, the friend in the trades, and, the death knell for maggie republicans in ohio. just listen to the candidate himself at a rally this past sunday. >> do you want to go back to the line, party? >> no! >> do you want the party of --

>> yeah! >> that is what the selection is ultimately about. because, what i call a swamp right now, it is a swamp right now. which i the way is what has held us back. let's just be clear about that. >> senator vance, who the crowd was cheering for. and, an adventure fun, and live in san francisco, before he realized it was his way forward politically. and, his backers, including vance and election donor kari lake are posturing themselves as the future of the republican party, and the old republican guard is not going down without a fight. it is a neck and neck race which is why they had to bring the indicted man himself over the weekend. >> if i had prisons that were teaming with ms-13 and all sorts of people that are going to take care of for the next 50 years, right, young people that

are in jail for years, if you call them people i don't know if you call them people, in some cases they are not people in my opinion. these are bad animals. we will put a 100% tariff on every single car, that comes across the line. and you're not going to be able to sell those cars. if i get elected, now if i don't get elected, it's going to be a bloodbath -- that is going to be the least of it. it's going to be a bloodbath for the country. that will be the least of it. >> teaming, not human, animals, that is the president's or the ex-president's discussion. it was a full display of everything that makes the ex- president such a dangerous toxic force, politically and morally in american. those bloodbath comments which i'm sure you have seen got a lot of attention, they came of the context to effectively double the price of all cars made overseas, including cars from american companies, like ford, and gm that are produced in mexico. but it doesn't end there, trump went so far as to open the rally with a salute to those currently incarcerated for those

roles in the deadly insurrection, whom they referred to as hostages. a bizarre spectacle was set to song, by these so-called january 6th prison choir, a song trump help produced, which is the reason they are in prison in the first place. a whole affair inside the news cycle about how unhinged the ex- president is, which, yes. but on the downsides of the high-profile drum rally may be what it takes to push his preferred candidate over the top of the line. tonight we will see if the risk had paid off and the latest i want to bring in steve kornacki at the big board. steve, what have you got so far? >> polls close just over a half an hour. we do have a fair amount of the voting, and he is right now on the scoreboard. and a close race between dolan and moreno. and let's look at it this way, and let's look at it from dylan's perspective, and he likes where the scoreboard is

right now, and, what he also likes i think is this, the sorbets,, this is going to be about 6% of all of the votes cast in the primary tonight, more than any votes from there yet. and, you were expected to be one of the strongest areas, back in the 2022 primary, when she lost to jd vance, and again, we just got, butler county, we just got our first report there, and this is a big suburban area, from outside of cincinnati. and, again a statewide from about a point and a half from moreno, waiting here to get anything, that is the biggest empty piece of the puzzle. and, dolan has an outstanding piece of real estate, and it is close right now. and the other thing you likes, is that, they also try to align himself with trump, that is going on after the trumbull voters, and, what he wants if he's going to win this thing, is a strong enough showing, to take just enough votes away, to allow him a path, to win this

thing, with a plurality of the vote. and, they get 25% of the vote, the higher the number goes, the closer it gets to 25, nobody like dolan wants to see that race, with that being said, if you are dolan, here is the biggest source of concern. these numbers may look good, but these numbers are basically, mail-in votes, and the mail ballots are candid, tabulated and released in ohio, so we look in these counties and you can see 18% of the expected vote is in. and take a look at summit county, where, this isn't even 1% of the vote. you are looking your, franklin county, the state capitol. one of the big states, 12%, looking at mail-in ballots and what we have found, everybody watching is probably knows, the explosion of mail-in voting, in the presidential election, overwhelmingly it is democrats more than republicans who use mail-in voting and even in republican primaries, we have seen so far to date, the trump skeptical trump hostile,

winning of the republican party as it exists, is more likely to vote by mail, by the trump supporter, that they tend to vote on the same day, same date is not counted anywhere on this, on this map yet. so with that, back to a statewide total here, if that trend holds true, then what you are looking at unease, is the high water mark for dolan. and the same day vote and even as the early bird gets added, the dolan number would come down. you would figure the bernie moreno number one go up. that is what we need to see, when he started at the same day vote in. does this pattern hold or does it switch. history says it will switch, but we will see. >> all right fascinating, thank you very much, steve kornacki. turning to someone who really knows ohio politics from the inside, david pepper, serving as the co-chair of the state's democratic party. also writing several books including saving democracy, the user's manual for every american., your read on this

race, and the fact that apparently, at jd vance is the hands, he came back into the state because it looked like a very tight race begun the guy he picked being able to run up to victory, given the state of the republican party, what is your read on that? >> it was clear that moreno was begging trump to come and the endorsement didn't really breakthrough, like it did a couple years ago, so late polls had them up and i think that was clearly, moreno needed that visit. and maybe the thing that puts them over the top. to get a lot of attention. but until that point, it didn't seem like the endorsement had really put him into a winning position. but it may have, that may have saved his campaign. and he did the same thing for jd vance, he was a third or fourth when trump came in and save them as well. >> obviously, he relishes the role because he feels that the person owes him. i'm curious about this dynamic that we see time and time again, which is, what place in the crowd, and what plays in the

base may not who plays outside of it. i'm curious after an event in the state of ohio, for this rights, that got a lot of attention nationally. if that attention was reflected locally. in terms of some of the things that he said, in terms of the blowback and et cetera. >> i think basically all three candidates, just to be clear, all three were trying to sound somewhat choppy, and trump coming in, whatever was picked up, you know that he was in ohio, supporting moreno, and so if the whole battle was, who really had trump support, i think it did make a difference but let's go bigger picture. the most important point is, what happens in this battle between the older establishment and, the trump. and the most important number i can share with everyone tonight is the establishment the governor candidate, two years ago, won ohio by 25 points. and jd vance won by six points. and that had a horrific underperformance, and it was a terrible democratic year, so,

the trump, vance in moreno lane, in general is not a very good lane, even in ohio, so, if you have a closer election. then a 25 point blowout at the top, where there is no urban turnout in 22, yes, the single digits or 10 points, like eight points, whereby the lost in 2020 year. and that underperformance changes the outcome. and it has continued. and this trump, and, moreno's speed should be quoted, and are we the party of jd vance, well, they are cheering for the wing of the party. it did almost 20 points worse. then the more moderate wayne, that was all and from matt dolan, so it is sort of like the herschel walker, jd vance, and be dramatically over performing the order establishment. >> of course, brown, the incumbents, the three term senator, very popular. and looking at a statewide public, he really has carved up

the same guy, i profiled him when he was running for senate in 2005, into 2006. and i want to say this, he's the exactly the same. if you go back and read the profile is exactly the same, 20 years ago. and the same focus on the same issues he cares about and he speaks in the same way, he's consistent and in many ways, american politics, both in the democratic party and some ways they have, towards his position >> if you look at how you win ohio, there are a lot of key areas but whether it is matt dolan, or whoever wins, just to be clear, you do not win ohio, if you don't do well along lake erie. that is where they will have a great contrast. let's say dolan wins, the establishment guy, the family owns the cleveland guardians and all of that. they can go back to the counties along lake erie and make a great contest against an establishment candidate, like he did against when he first

won and if moreno, if moreno wins, i think shared is a really good opportunity, in the suburbs, jd and mike dewine in a big way a couple years ago, jd vance did not do very well in the suburbs, so, whether it is dolan or moreno and i don't know what is going to happen tonight, i think as you said, a long-standing brand, allows them to really pivot and contrast against either one of them. maybe in different parts of the state. to give you that victory. >> that's interesting, there are different contours of the race might look differently depending on who comes out tonight, but to your point earlier, about as underperformance i remember sitting in this room and 2022 and watching the wind cruise to victory, and, there have been you know, this sort of, and attempt to boost moreno, because they think that he's a weaker candidate. and, they have been trying, to run $2 million, down the line,

super pacs and advertising. for trying moreno. and what do you think about that strategy. in the context of that raise? >> i think it's a little risky. jd vance for all he does, he's not really our senator. the last thing they want, and at the same time, it is pretty clear, if he heard what is it about these lanes, if moreno is fully in this, this lane, that probably is share brown's best matchup, tim ryan, the first time running statewide, and only lost by six. brown, a much bigger brand, which i think is a wicker candidate. and i think that is a very good matchup, this is the hardest re- election clearly. but a matchup, i think is actually one that he can win. and, if he does win, we don't know what's going to happen, i

think it is a different pivot in contrast, atlas the more like al sherrod brown beat mike dewine back in 2006. >> off that, we never heard from him again. of course. we appreciate it. >> thank you so much. coming up, the ones case of bragging are put to the test. >> part of the beauty of me, is that i'm very rich so, if i need 600 million, i can put up 600 million myself, that is a huge advantage. how the ex-president's financial situation is dragging down the whole republican party, next. about any of those thi ngs thanks to the donations. and our family is forever grateful because it's completely changed our lives.

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donald trump cannot pay his bills. he's currently drowning in debt. including half $1 billion in illegal judgments against him. while the ex-president owns assets, real property that he can sell he doesn't have the actual cash that is on hand. just yesterday, we learned that trump was unable to secure a bond for the $434 million penalty from his new york civil fraud case. that is after approaching 30 companies to provide appeal bonds. in the last year alone, trump spent more than $55 million in donor money or legal fees. no donald trump personal finances have always been shaky.

he received hundreds of millions of dollars from his business empire. but they managed to lose over $1 billion in one decade. he has playing a successful business person on the apprentice, which actually did earn him over $400 million including licensing and endorsement deals. when he came down that gold escalator at trump tower, he began the other most money successful which was raking in donations from small dollar donors. now, just like his personal finances, that part is breaking down. cnbc reports that trump's election campaign has seen warning signs about the small dollar donors field his last run has slowed their support. back in the 2020 cycle, the hundred $70 million he raised was a small dollar contributions, representing almost half the total cash that trump's campaign pulled in. in 2023, thanks re-election campaign raised 62.5% less money from small dollar donors

than it did in 2019. and in the run up to that election. in january, the campaign reported raising around $3 million from small dollar donors. nothing that to president joe biden's campaign, raising $2 million in just one day. donald trump has been hitting up the same people for money over and over again. a lot of it to pay his legal bills. the 55 million he spent last year. what is happening is that they are kind of running out of cash. there is only so much you can hammer a fundraising list until it stops giving you back the money. this is a big deal because trumps appeal to small dollar donors has been crucial to his political success, providing them with a direct line which seemed like endless money and insulated him from other parts of the republican party infrastructure which couldn't hurt him by withholding big donors and fundraisers. it served as a source of power that wielded over others that

were desperate to get their hands on the trump donor list, so they can pump the same people for money as well. even a part of his appeal when he claimed to be self funding his campaign. of course that wasn't true. the small dollar donations that sustained him had dried up, trump and his allies are making increasingly desperate appeals. >> if you could get in if you have done well, and if you have remembered those grade 4 years that we had what you made a lot , we need your help. >> we need to help this man, donald j trump, they are trying to drain him dry. he spent more money on lawyers than most people spend on campaigns, give your presidency money, to fight this bull ship. this is going to destroy america. >> i am sorry i am so upset, but place a president trump, if you can afford five or 10 bucks. >> i am very humbly asking if you can chip in, 510 or even $25. >> if you ever voted for my

father i'm asking you to chip in five or 10 or even $25 to his campaign today. crooked joe biden has an army of liberal billionaires, bankrolling his campaign. but if everyone even watching this video chips into my dad's campaign, they will be able to drown them out once and for all. >> with your donation today, we will win back the white house, we will make america great again, greater than ever before, i promise you that. >> so just a little bit of a sample, a little bit of a sample, we could've done that for hours, and that is the videos, then there is all of the text and emails, you would not believe, the sheer volume. the trump campaign says an average of 10 fundraising emails, per day and they are even more dramatic than anything on camera. this one sent includes a quote, solemn promise that trouble never surrender in his quest for presidential immunity. to make the same pledge the rest to me and the rest of the country, so we can save america. yesterday, this message from donald trump, claiming his enemies are lying about his comments about a bloodbath and

he loses the election, quote, before the day is over and asking every single one of my supporters to chip in and say that i stand with president trump. there is even a special valentine's day fundraising appeal, written as a love letter to trumps wife in malaga, that included a link to send your love in the form of cash for his campaign. and again, you're probably familiar with the genre, it crosses party lines and ideologies like small dollar fundraising is everywhere. but they have been doing is so hard and so aggressively for so long, like they are just, the wells have run dry. okay? that is what they are beginning to realize. and clearly, we have a presumptive nominee for president, who is desperate, absolutely desperate for cash infusions, for two purposes, both, his personal finances and his political finances. and he's in the market, man. he's got his hand out. he could take that money from

anyone and promise them anything if he gets back in the white house. earlier this month, trump met with elon musk, who certainly has policy preferences he would like to see in the u.s. government. elon musk claimed it is not about donating to either president but elon musk says a lot of things that turn out not to be true. trump also met with conservative hedge fund manager, jeff yes, who has a $33 billion take in tiktok and has reportedly threatened to cut off funding to republicans who supported the divestment bill. days later, trump came out and flipped his position on banning the social media platform. of course, there are ford ebony enemies that would end, trump may make that even easier for them, by bringing in his 26 camp paul manafort, remember him, back into the fold. this is a guy, that was convicted of tax and bank fraud

in relation to his lobbying, for pro-russian ukrainian politicians, prosecutors allege that paul manafort was a russian who the u.s. government had ties to russian intelligence. without the small dollar donors, donald trump is financially desperate. he brings danger in every direction. this guy, just bleeding money, cash infusions from wherever he can get it, for whatever they need. it is danger that is political and evil, national security danger. the last thing that you want, as a president who is an owned man, his first day in office. telling everyone! ...hey! mt see your tax refund go further with buy one get one free at visionworks. see the difference. if you have chronic kidney disease you can reduce the risk of kidney failure with farxiga. because there are places you'd like to be. farxiga can cause serious side effects, including ketoacidosis that may be fatal, dehydration, urinary tract, or genital yeast infections,

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if you read accounts of donald trump's rally over the weekend, you read the honored insurrection is, people who were imprisoned for attacking law enforcement on january 6. you may have a called apostate is but you need to see it for yourself. donald trump standing at saluting as a recording plays of january 6th prisoners singing a rendition of the national anthem, interspersed with trump reciting the pledge pledge of allegiance. the recording which former president donald trump produced has become an anthem for the movement which has fused with donald trump's political campaign. >> ladies and gentlemen, please rise for the horribly and unfairly treated january 6th hostages. >> ♪ ♪

>> i pledge allegiance to the flag of the united states of america. -- >> a ♪ ♪ >> there is some excellent reporting, on how donald trump has put the report is charged with january 6th crimes at the heart of his campaign.

shelby, the author of that babies and she joins me now. very good reporting. so tell us about the way in which the trump circle campaign has kind of confused with this pro january 6th prisoner movement. >> this has been a years long effort, on both behalf of the january 6th advocates, and people close to trump, so it sort of started really pretty soon after the riot in 2021, we saw starting in march, he made public comments where he was softening language around the situation and it grew from there. and eventually, in january 6 lawyer, met with people close to trump. and, essentially asked them, listen i want to know if you guys are going to pardon the writers, if he gets re-elected. and, right around that time, donald trump came out and started talking about pardoning the rioters.

there is also a really big organization the patriot freedom project which is involved with trying to help defendants of family members, they have met with trump on several occasions, so it was really this pressure campaign, mixed with the own interest. >> you want to be clear, it's not like he ever got harsh on that. >> it was the days after, and they made those prerecorded statements announcing it. and then pretty soon. >> under considerable pressure, we learn from other people. even on the day of the thing, the blood is coming down. and they were taken to the hospital, saying that i love you. >> it was not a sharp of it. it was more of a gradual you know, slow pivoted into embracing this entire situation. >> what is interesting to me, is the lyrical situation here.

you know, to use the word hostages for instance, that is such a loaded word, obviously, there are american citizens currently being held hostage in gaza, and dozens of israeli hostages under conditions, and god knows what conditions those are, to compare individuals arrested with full constitutional rights for their role in a violent attempted insurrection, a storming of the capitol unlike anything that has seen, that is quite a word to use, what did that word come from? >> that is a word where if you talk to advocates, that is where they also use, so it sort of seeped into donald trump's own messaging on this topic as he continues to meet with these people and speak to them, and, you know, embrace their arguments. when it comes to january 6th. >> we saw them use it, now he's using it, as an event, there's also what you are saying before, it seems like an actual clear policy trajectory. like you, there is an ask, like

we want you to pardon these people. in the beginning, he was a little bit like i think there was musing, but now it's like a pledge, he's committed that one of the first things you can do is pardon everyone that was involved. >> absolutely, i think that is notable as well, because it shows, that this is not just sort of a one-off comment, that trump sometimes makes where it will be like i don't know what is talking about, i haven't heard him discuss this. this is something that behind the scenes, he is actively talking to people about and it does seem to be something that should he be re-elected, he certainly is going to make an effort, to issue pardons. >> there is also i think movement in the republican party as a whole, in the days after, even on the evening of january 6th. to put out a consensus, this was bad. and then, it went to, this is bad, too, let's just forget

about it and move on, where it is overblown. but the contention here, i think that it was good, actually. you know, this movement, like we were patriots, like what we did was good and proper and correct. >> it is interesting because there are certainly people within the movement, that have that mentality, of we were patriots and doing what donald trump asked. we just walked through the capitol, and there are other people that have a little bit more of a nuanced view, who say, yeah, sure, right. the people who have committed violent crimes should be in jail but this whole other swath of people should not be in jail. it is really nuanced which is interesting. but it certainly in the republican party as a whole, when you look at the days after january 6th, versus now. there is a movement, away from being incredibly critical of what happened on that day.

>> one of the things that you note in your reporting, that there is talk about them being involved in some high profile celebration payout to the january 6th. >> this is actually something that i asked one of the main lawyers for the january 6th defendants about, but the rnc this summer, and he said yes, they would love to have some sort of a presence and he complained about the form of leadership in the rnc, they said they didn't really care about january 6th, or the movement, they shied away from all of this, but he is a little bit more hopeful that the new leadership, which of course is a lot closer to donald trump is going to be willing to be listened to, and be more willing to embrace all of this. >> i think i said it before, finishing the job on january 6th is sort of a campaign pledge. donald trump would make perfect rational sense. thank you very much.

still to come, it has been more than three years since donald trump tried to steal the presidency, now as the first member of his administration, it's the prison onto related charges, how it all went wrong or peter navarro, up next. (♪♪) we come from a long line of cowboys. (♪♪) when i see all of us out here on this ranch, i see how far our legacy can go. (♪♪)

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well emerge as the winner in that contested primary, besting matt dolan, and frank larose. and right now, we have about 25% in, but, it looks like moreno is on his way to be the nominee, he will go up against the incumbent three term senator, sherrod brown , this fall. all right, peter navarro is going to prison. don't take my word for it, take his. >> i will be going over there. a little story here, is peter navarro is going to prison today. >> the bigger story, is peter navarro, drums pick for the office of trade and manufacturing policy is now going to be the first trump to go to prison. not only for his role in the plot itself, after the 2020 election, navarro's trade office was putting out reports full of people and conspiracy theories about rapid election fraud.

and then he drew up a white house game plan, to overturn the election in congress, and called it the green bay sweep. >> the remedy was for vice president and the quarterback in the green bay sweep, do bring those votes back to the bound states. >> do you realize you are describing a coup? >> no. >> he must have realized it by the time he housed the january 6th committee got to work, they issued a subpoena for his testimony and documents related to the conspiracy that he spelled out to my colleague. he frequently ignored them, saying, no. me that trumps executive privilege covered all of their communications, the justice department does a great, so did the grand jury, which indicted him, and then after a two day trial, another jury convicted him. prison is an unpleasant thing to contemplate for peter navarro, who is 74 years old. he told the so, during his trial. >> if i were to go to prison for a year, which is what the

contempt charge could do to me, that would be about a fourth of my remaining life, and there would be a fine that would take a significant portion of my retirement savings. so i'm taking this very seriously. >> he only got sentenced to four months in prison, but understandably, peter navarro appealed his conviction even asking the supreme court to keep him out of jail. on monday, and in a one page order, the court said, no, we are good. which is how, navarro posted up in the strip mall next to the prison, with a shell station with miami traffic behind him, and lashed out against all of the lawmakers and the prosecutors and the judges and the juries that they had put there. >> every person, who has taken me on this road to that prison is democrat and a trump hater. >> that was untrue, like a lot of things navarro said, which even fox news had to correct for the record. >> to fact check there, it is

no longer an alleged crime, that he will be serving this sentence for, he has obviously been convicted, and there was no evidence that would have excluded him per executive privilege, from testifying. >> the truth is, navarro broke the law and he knew that he was breaking the law, and yet no legal recourse. , and unlike trump, he didn't have a handpicked judge willing to bend the rules for him, and he didn't have the resources to drag this out delay after delay, he's just a guy that helped to plot a coup, just like trump, and now he's in prison for a little while, and trump walks around free. nd fre. ♪♪ we're building a better postal service. all parts working in sync to move your business forward. for more value. more reliability. and more on-time deliveries. the united states postal service

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. it's a big day at the supreme court on several fronts. first, the court ruled the state of texas can enforce its own state level immigration law even as the very constitutionality of the law is adjudicated and based on current precedent seems to be flatly not allowed. and then this afternoon we finally got donald trump's argument to the court the president is above the law. in a brief to the court, the ex-president and his lawyers implored the super majority to give him absolute immunity from criminal prosecution for trying to pull off a coup. it's not trump they're looking to protect with the argument. no, his lawyers argue quote every future president will face blackmail and extortion in office and be harassed by politically motivated prosecution after leaving office. that would be the end of the

presidency as we know it. harry litman is now a senior legal affairs columnist for the los angeles times. he clerked on the court and joins me now. harry, let's start with the texas situation, which is extremely procedurally complicated just to throw that out there in terms of what the status of the law is. talk us through what the court did today. >> right, look it is and it isn't. what the court did was say we're going to let texas have its way even as we determine if their law is constitutional, and as you say, chris, it's flatly against the supreme court ruling, the arizona case. nevertheless, the procedural nicety you're talking about is two justices said well, this is an administrative stay which means basically a stay to consider whether to grant a stay that the 5th circuit

entered without any kind of reasoning, and we don't normally review those. it's questionable whether they don't normally review, but the bigger answer is so what! this is the supreme court of the united states, they've left the situation on the ground that texas can violate current constitutional law, and that means possible, um, chaos in the field between federal and state agents. it means possible aggregation of immigrants' rights. it means possible interference with our foreign relations with mexico. and it means the suspension of the supremacy of federal law -- >> yes -- >> what are they there for if not that? it doesn't matter if it's for a day or a week. this is what justice kagan was essentially saying. administrative stay, who cares? if they've made it the state of affairs that federal law, binding federal law is set to the side, that's, that's the exact opposite of what a supreme court is supposed to

do. >> yeah, we should say the federal district court judge who evaluated this law, first of all, this law was done in the same way that, you know, mississippi passing its abortion law. they knew they were flatly challenging stated precedent. texas knew that. there's black letter clear precedent here from the 2012 decision on the arizona law. you can't do what texas is doing. sb-4 says state officials can remove, arrest and remove people, right? so the federal district judge says no, you can't do this. not only can you not do this, we have to stay it because there's irreparable harm because there's people being removed from the country, possibly wrongly. >> that's right. >> the removal of non-citizens can't be undone even if the stay on injunction is ultimately lifted. thousands of individuals should not be arrested, incarcerated, or removed prior. so the very right wing 5th

circuit above him basically got extremely cute procedurally to basically block that, right? >> yeah, they entered an administrative stay, but it stays around for a month. and by the way, you could say extremely conservative, the 5th circuit, or you could say completely cuckoo. they're way out of the main stream in many ways. but as justice kagan says, there's a place for administrative stays, but when it stays in place for a month, we're the supreme court here, and we're not, while we decide whether it's right or not, the law should prevail, not just because the law should prevail, but because the practical consequences of letting texas go around and arrest people in the field and remove them are really severe. >> we should say to that end the mexican, i think the

mexican ambassador says our country will not accept repatriations from the state of texas. those, they're now expediting oral arguments tomorrow, the 5th circuit, because i think they got the message a little bit from the supreme court. we have 90 seconds -- >> very quick point, they are doing it tomorrow, but it shows kavanaugh and barrett saying if you don't do it, we're going to maybe revisit. it shows they know the authority is there that they're not exercising, but you're right. the 5th circuit says we'll have the stay argument tomorrow. no more administrative stay, real stay, we'll consider it. >> in the final minute, the the brief from trump's lawyers on immunity, anything surprising or is this basically the maximalist thing we thought? >> well, the argument was demolished by the dc circuit. there's a new argument in there saying when congress

passes a federal law, unless they specify it applies to the president, it doesn't. that's a new one. but the court, remember, said whether and to what extent. and if they hold, for whatever reason there is some extent where there's immunity, that means remand. he's never going to win, trump, but it means another round, and that means another round up and down the courts. that means another month anyway. that's the delay aspect of the question they've framed. >> harry litman, thank you very much. >> thanks, chris. that's all in on this tuesday night. alex wagner starts now. thanks at home for joining us this hour. staff sergeant gonel was one of many capitol police officers brutally beaten by rioters during the insurrection on january the 6th. months afterwards he testified to the january 6th committee quote, my fellow officers and