THAT FIRED OFFICIAL, DR.
MICHELLE FISCUS, JOINS ME LIVE.
WHEN "ALL IN" STARTS RIGHT NOW.
GOOD EVENING FROM NEW YORK.
IM CHRIS HAYES.
TODAY MORE THAN SIX MONTHS AFTER
THE INSURRECTION WITH NO REAL
PRECEDENT IN AMERICAN HISTORY, A
TRANSFER OF POWER MARKED BY
VIOLENCE, NOT BY PEACE, THE
PRESIDENT OF THE UNITED STATES,
THE MAN WHO THE MOB TRIED TO
STOP FROM OCCUPYING THE OFFICE,
CAME FORWARD TO SAY THE COUNTRY
IS FACING A MAJOR CRISIS.
>> SO HEAR ME CLEARLY.
THERES AN UNFOLDING ASSAULT
TAKING PLACE IN AMERICA TODAY,
AN ATTEMPT TO SUPPRESS AND
SUBVERT THE RIGHT TO VOTE IN
FAIR AND FREE ELECTIONS.
AN ASSAULT ON DEMOCRACY.
AN ASSAULT ON LIBERTY.
AN ASSAULT ON WHO WE ARE.
WHO WE ARE AS AMERICANS.
WERE FACING THE MOST
SIGNIFICANT TEST OF OUR
DEMOCRACY SINCE THE CIVIL WAR.
THATS NOT HYPERBOLE.
SINCE THE CIVIL WAR.
>> ITS AN INCREDIBLY POWERFUL
THING TO SAY.
I MEAN, HE SAYS ITS NOT
HYPERBOLE, A KIND OF BIDENISM.
BUT I AGREE WITH HIM ITS NOT
HYPERBOLE.
REPUBLICANS ARE PASSING LAWS
MAKING IT HARDER TO VOTE IN
STATES ACROSS THE COUNTRY.
OF COURSE THEYRE USING THE
PREDICATE OF THE BIG LIE TO DO
SO.
CONSERVATIVES ON THE SUPREME
COURT HAVE GUTTED SECTIONS 2, 4,
AND 5 OF THE VOTING RIGHTS ACT.
I MEAN, THE COUNTRY HAS
BASICALLY ONLY BEEN AN ACTUAL
MULTIRACIAL DEMOCRACY IN A
RECOGNIZABLE SENSE SINCE 1965,
WHEN THE VOTING RIGHTS ACT WAS
PASSED.
ITS A VERY SHORT HISTORY WEVE
BEEN WORKING ON.
AND THE PRESIDENT MADE THE CASE
TODAY THERES AN URGENT PROBLEM.
AND AGAIN, HES RIGHT.
UNFORTUNATELY, THE SOLUTION TO
THAT PROBLEM, THE PATH FORWARD
ALL COMES DOWN TO THIS QUESTION,
ABOUT WHETHER DEMOCRATS WILL
RESTORE MAJORITY RULE IN THE
UNITED STATES SENATE.
DO THEY USE THE POWER ENTRUSTED
TO THE DEMOCRATIC PARTY BY THE
MAJORITY OF AMERICANS IN THE
HOUSE AND IN THE SENATE AND BY 8
MILLION-PLUS MORE VOTERS, 81
MILLION IN TOTAL, TO PROTECT THE
BASIC FUNDAMENTALS OF AMERICAN
DEMOCRACY BY FINDING THE VOTES,
THE UNANIMOUS 50 VOTES, TO
WEAKEN OR ELIMINATE THE
FILIBUSTER AND PASS THE AGENDA
OR DO THEY LET PRINCIPLES ERODE
BECAUSE OF SOME FRANKLY
RIDICULOUS QUASI-ACCIDENTAL
REACTIONARY PROCEDURAL NORM THAT
CREATES A STATUS QUO THATS
COMPLETELY INDEFENSIBLE?
THATS THE QUESTION.
THATS THE CHOICE.
AND DESPITE HIS VERY STRONG
RHETORIC, PRESIDENT BIDEN DID
NOT MENTION THE FILIBUSTER IN
HIS SPEECH TODAY.
HE WAS PRESSED BY REPORTERS
AFTER THE EVENT.
>> MR. PRESIDENT, WHY DIDNT YOU
TALK ABOUT THE FILIBUSTER?
ARE YOU GOING TO MEET WITH THE
TEXAS DEMOCRATS?
>> WHAT? >> ARE YOU GOING TO MEET WITH
>> ARE YOU GOING TO MEET WITH
THE TEXAS DEMOCRATS?
>> ITS A BIG DEAL WHEN HOUSE
MAJORITY WHIP JIM CLYBURN WHO
HELPED PAVE THE WAY FOR THE
BIDEN PRESIDENCY PERHAPS AS MUCH
AS ANY SINGLE INDIVIDUAL CALLED
FOR A VOTING RIGHTS CARVE-OUT ON
THE FILIBUSTER SAYING IF YOU CAN
MAKE EXCEPTIONS FOR NOMINEES AND
RECONCILIATION YOU CAN MAKE
EXCEPTIONS FOR LEGISLATION TO
PROTECT FUNDAMENTAL
CONSTITUTIONAL RIGHTS.
HES ALSO SUGGESTING THE
PRESIDENT IS WORKING SENATORS
BEHIND CLOSED DOORS TELLING THE
"L.A. TIMES" TODAY, "I JUST
DONT THINK YOU NEGOTIATE THESE
KINDS OF ISSUES FROM THE
MICROPHONE.
YOU DO IT MUCH BETTER FROM THE
TELEPHONE."
AND THAT MAY BE TRUE.
I WILL TELL YOU, I HAVE NO DOG
IN THE FIGHT OF HOW BIDEN AND
SENATE DEMOCRATS COME TO
CONSENSUS ON GETTING RID OF THE
FILIBUSTER AND PASSING AN AGENDA
TO PROTECT VOTING RIGHTS.
WHETHER THATS DONE IN PUBLIC OR
IN PRIVATE OR HOW BEST TO MOVE
RELUCTANT DEMOCRATS, DEMOCRATS
ON THE RECORD OPPOSING GETTING
RID OF THE FILIBUSTER INCLUDING
SENATORS MANCHIN AND SINEMA.
EVERYONES SORT OF THROWING
STUFF AGAINST THE WALL TO SEE
WHAT STICKS.
I DONT KNOW THE ANSWER TO THOSE
QUESTIONS.
IM NOT SURE ANYONE DOES.
IF PRESIDENT BIDEN IS RIGHT
ABOUT THE THREATS AMERICA IS
FACING AND IF DEMOCRATS ARE NOT
GOING TO ADDRESS THE FILIBUSTER,
THEN THE THREATS WILL ONLY GET
WORSE.
AT LEAST 51 DEMOCRATIC MEMBERS
OF THE TEXAS STATE LEGISLATURE
HAVE FLED THE STATE.
THEY ARE NOW IN WASHINGTON, D.C.
THEY MET TODAY WITH VICE
PRESIDENT KAMALA HARRIS IN THE
AFTERNOON.
AND THEYRE IN D.C. INSTEAD OF
TEXAS BECAUSE REPUBLICANS WANT
TO PASS A BILL THAT WILL MAKE IT
EVEN HARDER TO VOTE IN D.C.
THERE IS NO FILIBUSTER IN THE
TEXAS LEGISLATURE, WHICH IS THE
CASE IN MOST STATES.
ITS JUST MAJORITY RULE THERE,
RIGHT?
AND THEYRE IN THE MINORITY.
THEY DONT HAVE THE LUXURY OF
THAT SUPERMAJORITY THRESHOLD.
SO THEYRE TAKING DESPERATE,
EXTRAORDINARY MEASURES THAT IN
SOME WAYS THE FILIBUSTER, ONCE
ACTUALLY REPRESENTED IN THE
SENATE, TO FLEE THE STATE AND
BREAK QUORUM.
YOU NEED QUORUM TO CONDUCT
LEGISLATURE BUSINESS BECAUSE
THEY THINK THE THREAT TO THEIR
STATE AND DEMOCRACY IS SO
EXTREME.
THEYVE FLOWN DOWN TO D.C. WHERE
ONE OF THE TWO HOUSES OF
CONGRESS DOES NOT FUNCTION BY
MAJORITY RULE TO GO PLEAD WITH
CONGRESSIONAL DEMOCRATS WHO DO
HAVE CONTROL, MAJORITY CONTROL
OF THE SENATE, TO USE THAT
CONTROL.
THINK OF IT FROM THEIR
PERSPECTIVE AS TEXAS STATE
REPRESENTATIVE JASMINE CROCKETT
SAID LAST NIGHT ON OUR SHOW.
USE THE POWER YOU HAVE TO PASS
VOTING LEGISLATION TO PRESERVE
AND PROTECT THE RIGHT TO VOTE
ACROSS THE COUNTRY, PLEASE.
AND THIS POINTS TO SOMETHING I
THINK IS EASY TO OVERLOOK BUT I
THINK IS REALLY IMPORTANT TO
FOCUS ON, WHICH IS THE
FUNDAMENTAL ASYMMETRY AND
UNSUSTAINABILITY OF THE CURRENT
STATUS QUO.
BECAUSE STATE LEGISLATURES ARE
BY AND LARGE RUN BY MAJORITY
RULE.
AND IN STATES THEY CONTROL
REPUBLICANS CAN PASS LEGISLATION
TO RESTRICT THE VOTE.
EVEN IN STATES LIKE GEORGIA
WHERE JOE BIDEN JUST WON AN
ELECTION, WHERE THEY ELECTED TWO
SENATE DEMOCRATS.
THERES NO FILIBUSTER IN THE
STATE SENATE.
ITS MAJORITY RULE.
BUT THEN IF YOU WANT TO PROTECT
VOTING RIGHTS AT THE NATIONAL
LEVEL, WELL, THEN IT TAKES 50
VOTES -- 60 VOTES AND THOSE
VOTES ARE JUST NOT THERE BECAUSE
REPUBLICANS WONT PLAY BALL.
NOT ONLY THAT, THINK ABOUT THIS
CRAZINESS.
THE FILIBUSTER AS WE SAY OFTEN
ON THE SHOW, ITS NOT SOME
SACROSANCT NON-NEGOTIABLE
PRINCIPLE.
ITS CHANGED OVER TIME.
INDEED, I COVERED IT CHANGING
BACK IN 2013.
DEMOCRATS GOT RID OF IT FOR MOST
PRESIDENTIAL NOMINATIONS BECAUSE
REPUBLICANS WERE USING THE
FILIBUSTER TO MAKE IT IMPOSSIBLE
TO FILL COURTS AND EXECUTIVE
OFFICE APPOINTMENTS.
THAT WAS A BIG DEAL.
REPUBLICANS AT THE TIME SAID
YOULL REGRET IT.
AND IN SOME WAYS PROBABLY TRUE.
DONALD TRUMP GOT TO CONFIRM A
LOT OF JUDGES.
HISTORIC JUDGE CONFIRMATION
RATE.
BUT THATS JUST WHAT DEMOCRACY
LOOKS LIKE.
THATS THE WAY THE COOKIE
CRUMBLES.
ONE THING DEMOCRATS DID LEAVE IN
PLACE BACK IN 2013, RIGHT?
THEY SAID WERE GETTING RID OF
THE FILIBUSTER FOR ALL THESE
NOMINATIONS BUT WE WANT TO
RETAIN THE FILIBUSTER FOR
SUPREME COURT JUSTICES.
IT MADE A CERTAIN AMOUNT OF
SENSE AT AGAIN, WHAT GETS CARVED
OUT, WHAT DOESNT?
SO DEMOCRATS, RIGHTLY FURIOUS AT
REPUBLICANS STONEWALLING MERRICK
GARLANDS SUPREME COURT
NOMINATION
NOMINATION, REMEMBER, AS SOON AS
TRUMP AND McCONNELL TOOK OVER
THE FIRST THING THEY DID WAS
FILIBUSTER TRUMP NOMINEE NEIL
GORSUCH.
AND WHAT DID MITCH McCONNELL DO?
WELL, HE JUST GOT RID OF THE
FILIBUSTER OF SUPREME COURT
NOMINEES.
DONE.
THATS IT.
WE HAVE CONTROL.
WERE NOT NEGOTIATING ON THIS.
WERE GOING TO USE OUR POWER.
AND SO WHAT WERE THEY ABLE TO
DO?
INSTALL THREE SUPREME COURT
NOMINEES FOR LIFETIME TENURE
WITH 54, 50 AND 52 VOTES
RESPECTIVELY.
NONE OF THOSE ARE 60.
SO IF YOURE KEEPING SCORE AT
HOME HERES WHERE THINGS STAND.
REPUBLICAN STATE LEGISLATORS CAN
MAKE LAWS TO RESTRICT THE RIGHT
TO VOTE WITH JUST A MAJORITY
VOTE.
SUPREME COURTS ALREADY GUTTED
THE PART OF THE VOTING RIGHTS
ACT THAT WOULD HAVE STOPPED THEM
FROM DOING THAT THROUGH
PRECLEARANCE.
DEMOCRATS NEED 60 VOTES TO TRY
TO PROTECT THE VOTING RIGHTS
PEOPLE FOUGHT FOR DECADES TO
ACHIEVE.
BUT THEN REPUBLICANS ALSO JUST
NEEDED 50 VOTES TO APPOINT
SUPREME COURT JUSTICES WHO HAVE
BEEN AND LP CONTINUE TO TEAR
DOWN THE VOTING RIGHTS LAWS ONE
AFTER ANOTHER.
THIS DOESNT MAKE ANY SENSE.