COMPLIMENTS AT THE END. >> I JUST LISTENED MOSTLY.
>> WELL, IT WAS GREAT.
WELL DONE.
WELL DONE. THANKS.
THANKS. >>> AND THANKS TO YOU AT HOME
FOR JOINING US THIS HOUR.
HAPPY TO HAVE YOU WITH US THERE.
IS A LOT TO GET TO TONIGHT.
AND BECAUSE IT’S FRIDAY, FOR ALL
THE OTHER THINGS IT, IT’S
FRIDAY.
FRIDAY. AND AS WE HAVE LEARNED IN THIS
ERA, ANYTHING CAN HAPPEN ON A
FRIDAY NIGHT AT ANY MOMENT.
SO IT’S GOOD THAT YOUR HERE.
NO MATTER HOW THE ELECTIONS GO
ON TUESDAY NIGHT, THERE ARE A
FEW THINGS WE KNOW TO EXPECT
PRETTY MUCH AS SOON AS THE
ELECTIONS ARE OVER.
IN ELECTORAL POLITICS, FOR
EXAMPLE, ONE OF THE THINGS THAT
WILL PROBABLY START HAPPENING
REALLY SOON AFTER THE ELECTIONS
NEXT WEEK IS DEMOCRATS WHO ARE
CONSIDERING RUNNING FOR
PRESIDENT IN 2020, DEMOCRATS
WILL START DECLARING THEIR
INTENTIONS TO DO SO.
WE ALREADY HAVE A PRETTY GOOD
IDEA ABOUT A PRETTY LONG LIST OF
DEMOCRATS WHO ARE THINKING ABOUT
RUNNING.
RUNNING. ALL OF THEM HAVE MORE OR LESS
BEEN HOLDING BACK I THINK IN
ORDER TO FOCUS ON THESE VERY,
VERY IMPORTANT ELECTIONS NEXT
WEEK.
WEEK. BUT ONCE THOSE ELECTIONS ARE
OVER NEXT WEEK, I THINK WE
SHOULD PROBABLY EXPECT TO SEE
THAT DAM BREAK.
ALSO AFTER THE ELECTIONS, WE
EXPECT THE REPUBLICAN PARTY IN
CONGRESS, WHETHER THEY’RE ABLE
TO HOLD ON TO THE HOUSE OR NOT,
WE EXPECT THE REPUBLICAN PARTY
TO MOVE FAIRLY QUICKLY TO PICK
THEIR NEW LEADERSHIP.
REMEMBER, THAT PAUL RYAN,
SPEAKER OF THE HOUSE, THE LEADER
OF THE REPUBLICANS IN CONGRESS,
HE’S OUT.
HE’S OUT. HE IS NOT RUNNING FOR REELECTION
THIS YEAR.
THIS YEAR. THERE WILL BE SOMEBODY NEW FROM
HIS DISTRICT IN CONGRESS.
REPUBLICANS WILL NEED TO PICK A
NEW SPEAKER AND ALL NEW
LEADERSHIP ONCE THOSE ELECTIONS
HAPPEN NEXT WEEK.
WE WILL GET THE REPUBLICAN
LEADERSHIP IN CONGRESS AS WELL.
ALSO, TWO DAYS AFTER THE
ELECTION, WE’RE EXPECTING TO SEE
SOME VERY PUBLIC SIGNS OF WHAT
ROBERT MUELLER IS DOING, WHAT
THE SPECIAL COUNSEL’S OFFICE AND
ITS INVESTIGATION HAVE BEEN UP
TO FOR THESE LAST COUPLE OF
MONTHS WHEN THEY HAVE BEEN
PUBLICLY QUIET IN THE LEAD-UP TO
THE ELECTION.
THE ELECTION. LITERALLY TWO DAYS AFTER THE
ELECTION ON TUESDAY NEXT WEEK,
ON THURSDAY NEXT WEEK, WE EXPECT
TO SEE A SENIOR PROSECUTOR WHO
WORKS FOR ROBERT MUELLER, A SORT
OF FEAR AND REVERED JUSTICE
DEPARTMENT APPELLATE EXPERT
NAMED MICHAEL DRIEBEN, NEXT
THURSDAY WE EXPECT TO SEE HIM
ARGUING AN IMPORTANT
CONSTITUTIONAL CASE RELATED TO
THE SPECIAL COUNSEL’S OFFICE IN
FEDERAL COURT IN WASHINGTON,
BASICALLY DEFENDING THE
EXISTENCE OF ROBERT MUELLER’S
APPOINTMENT AND THE SPECIAL
COUNSEL INVESTIGATION AS A WHOLE
AGAINST A PARTICULAR WITNESS WHO
HAS BEEN SUBPOENAED BY THE
SPECIAL COUNSEL BUT WHO HAS BEEN
REFUSING TO SHOW UP AND TESTIFY
IN RESPONSE TO THAT SUBPOENA.
SO WE’RE EXPECTING THAT BIG
COURT FIGHT NEXT WEEK.
IT SHOULD BE FASCINATING.
WE ARE ALSO EXPECTING SHORTLY
AFTER THE ELECTIONS, WE’RE
EXPECTING THIS PRESIDENT TRUMP’S
NATIONAL SECURITY ADVISER, MIKE
FLYNN WILL LEARN HOW MUCH TIME
HE IS GOING TO GET IN PRISON, IF
ANY.
ANY. IT’S SORT OF AMAZING FROM A BIG
PICTURE PERSPECTIVE.
PICTURE PERSPECTIVE. WE ARE HEADING INTO THE FIRST
ELECTION AFTER PRESIDENT TRUMP
WAS ELECTED, AND AT THE TIME OF
THIS FIRST MIDTERM ELECTION, IT
IS LESS THAN TWO YEARS SINCE HE
WAS ELECTED.
WAS ELECTED. ALREADY HIS CAMPAIGN CHAIR IS
CONVICTED ON MULTIPLE FELONY AND
IS AWAITING SENTENCING.
HIS DEPUTY CAMPAIGN CHAIR PLEAD
GUILTY TO MULTIPLE FELONIES AND
IS AWAITING SENTENCING.
HIS PERSONAL LAWYER HAS PLEAD
GUILTY TO MULTIPLE FELONIES AND
IS AWAITING SENTENCING, AND HIS
NATIONAL SECURITY ADVISER HAS
PLEAD GUILTY AND IS AWAITING
SENTENCING.
SENTENCING. OF THAT DELIGHTFUL CAST OF
CHARACTER, MIKE FLYNN AND MAYBE
MICHAEL COHEN WILL LEARN SHORTLY
AFTER THE ELECTIONS WHAT THEIR
SENTENCES ARE GOING TO BE.
SO ALL OF THAT STUFF WE’VE KNOWN
TO -- SORT OF HAD ON THE
CALENDAR.
CALENDAR. WE KNOW ALL THAT STUFF IS ON TAP
FOR ONCE THE ELECTIONS HAPPEN
FOR A WHILE.
NOW BUT THERE IS ANOTHER THING
THAT WE’RE PRETTY SURE IS GOING
TO HAPPEN AS SOON AS THE
ELECTION TAKES PLACE NEXT WEEK.
AND IT IS SOMETHING THAT WE JUST
GOT SOME IMPORTANT NEWS ABOUT
TONIGHT.
TONIGHT. THE PRESIDENT HIMSELF, AND EVEN
SOME SENATE REPUBLICANS USED TO
WARN HIM AGAINST THIS, USED TO
TELL THE PRESIDENT HE DEFINITELY
SHOULDN’T DO THIS.
SOME SENATE REPUBLICANS AND THE
WHITE HOUSE NOW ALL SEEM IN
AGREEMENT AND ON THE SAME PAGE
AND NO LONGER FIGHTING ABOUT THE
FACT THAT ONCE NEXT WEEK’S
ELECTIONS ARE OVER, PRESIDENT
TRUMP IS GOING TO FIRE THE
ATTORNEY GENERAL.
ATTORNEY GENERAL. HE IS GOING TO FIRE JEFF
SESSIONS, OR JEFF SESSIONS WILL
RESIGN.
RESIGN. AND AS YOU KNOW, THERE IS SO
MUCH TO SAY ABOUT JEFF SESSION.
BUT JUST FOCUSING IN ON ONE
PARTICULAR CONSEQUENCE OF THE
PROSPECT OF HIM GETTING FIRED OR
LEAVING OFFICE AS SOON AS THE
ELECTIONS WRAP UP NEXT WEEK,
WHICH SEEMS LIKE A VERY REAL
POSSIBILITY.
POSSIBILITY. YOU MAY RECALL THAT AROUND THE
TIME HE BECAME TRUMP’S NOMINEE
FOR ATTORNEY GENERAL, JEFF
SESSIONS LIED BOTH TO THE SENATE
AND TO THE PUBLIC ABOUT HIS OWN
CONTACTS WITH RUSSIAN GOVERNMENT
OFFICIALS WHEN HE WAS A TOP
OFFICIAL IN THE TRUMP CAMPAIGN.
WHEN THOSE LIE BY JEFF SESSIONS
WERE REVEALED BY "THE WASHINGTON
POST," BY THEN NEWLY MINTED
ATTORNEY GENERAL JEFF SESSIONS,
HE HAD TO ANNOUNCE THAT HE WOULD
HENCEFORTH BE RECUSED FROM ANY
JUSTICE DEPARTMENT MATTER
RELATED TO THE 2016 CAMPAIGN,
INCLUDINGNITION RELATED TO THE
RUSSIA INVESTIGATION.
RUSSIA INVESTIGATION. BECAUSE OF THAT RECUSAL, IT IS
NOT JEFF SESSIONS, IT’S THE
DEPUTY ATTORNEY GENERAL ROD
ROSENSTEIN WHO OVERSEES THE
MUELLER INVESTIGATION AT THE
JUSTICE DEPARTMENT.
JUSTICE DEPARTMENT. THAT MEANS MUELLER AND HIS
PROSECUTORS ALL HAVE TO NOTIFY
ROD ROSENSTEIN OF ANY
SIGNIFICANT ADVANCE OR
SIGNIFICANT DECISIONS IN THEIR
INVESTIGATION.
INVESTIGATION. ROSENSTEIN ALSO SUBSTANTIALLY
CONTROLS THE BUDGET FOR
MUELLER’S INVESTIGATION.
MUELLER’S INVESTIGATION. IF JEFF SESSIONS IS FIRED OR
RESIGNS RIGHT AFTER NEXT WEEK’S
ELECTION, THAT WOULD LEAVE ROD
ROSENSTEIN STILL IN CHARGE OF
THE MUELLER INVESTIGATION
TEMPORARILY UNTIL A NEW ATTORNEY
GENERAL COULD BE CONFIRMED AND
SWORN IN.
SWORN IN. AT THAT POINT THE NEW ATTORNEY
GENERAL, WHICH PRESUMABLY WOULD
HAVE NO REASON TO RECUSE HIM OR
HERSELF FROM THE RUSSIA
INVESTIGATION, SO ONCE THE NEW
ATTORNEY GENERAL WAS SWORN IN,
AT THAT POINT, ROD ROSENSTEIN
PRESUMABLY WOULD HAVE TO HAND
OVER THE REINS OVERSEEING THAT
INVESTIGATION TO WHATEVER THE
NEW ATTORNEY GENERAL WAS.
THAT SAID, THIS ROD ROSENSTEIN
IS FIRED TOO, OR IF HE TOO IS
FORCED TO RESIGN, BOOM, RIGHT?
THAT’S IT RIGHT AWAY.
AS SOON AS THAT HAPPENS, THE
MUELLER INVESTIGATION WOULD
INSTANTLY BECOME SOMEBODY ELSE’S
PROPERTY.
PROPERTY. NOW, WE HAVE KNOWN ABOUT THIS
POSSIBILITY OR THE A LONG TIME.
JUST AS A TECHNICAL MATTER, WE
HAVE KNOWN HOW THIS WOULD WORK.
WHEN A SPECIAL COUNSEL IS
APPOINTED, ROBERT MUELLER, THE
SPECIAL COUNSEL’S OFFICE IS
SUPPOSED TO BE OVERSEEN BY THE
NUMBER ONE OFFICIAL AT THE
JUSTICE DEPARTMENT.
JUSTICE DEPARTMENT. THAT’S ATTORNEY GENERAL.
IN THIS CASE, THE ATTORNEY
GENERAL IS RECUSED.
SO IT GOES DOWN TO THE NUMBER
TWO OFFICIAL IN THE DEPARTMENT,
ROD ROSENSTEIN.
ROD ROSENSTEIN. HE HAS BEEN DOING IT.
IF ROD ROSENSTEIN IS GONE, IF
THEY FIRE HIM OR MAKE HIM RESIGN
AFTER THE ELECTION TOO,
TECHNICALLY CONTROL OF THE
MUELLER INVESTIGATION IS
SUPPOSED TO THEN GO TO THE
NUMBER THREE INITIAL IN THE
JUSTICE DEPARTMENT, BUT FOR
MONTHS NOW THERE HAS BEEN NOBODY
IN THE NUMBER THREE JOB IN THE
JUSTICE DEPARTMENT.
JUSTICE DEPARTMENT. AND SO THEREFORE, IF ROSENSTEIN
GOES AND CONTROL OF THE
INVESTIGATION DOES HALF TO GET
KICKED DOWN THE HIERARCHY, THE
PLACE IT LANDS, THE PERSON WHO
GETS THE GIG WOULD BE THE NUMBER
FOUR POSITION IN THE JUSTICE
DEPARTMENT, WHICH IN THIS
INSTANCE WOULD BE DEFINED AS THE
SOLICITOR GENERAL OF THE UNITED
STATES.
STATES. OKAY.
OKAY. BEFORE TONIGHT, BEFORE THIS NEW
NEWS THAT HAS JUST BROKEN THIS
EVENING, IT HAS PREVIOUSLY BEEN
ASSUMED OR HAS AT LEAST SEEMED
LIKE IF THIS HAPPENED, IF
ROSENSTEIN GOES, THE SOLICITOR
GENERAL WOULD BE IN LINE TO
OVERSEE THE MUELLER
INVESTIGATION, BUT THIS
PARTICULAR SOLICITOR GENERAL,
THE GUY WHO IS IN THE JOB RIGHT
NOW, HE TOO WOULD HAVE TO BE
RECUSED FROM THE MUELLER
INVESTIGATION BECAUSE HE HAS A
VERY SPECIFIC CONFLICT.
SOLICITOR GENERAL OF THE UNITED
STATES IS NOEL FRANCISCO.
BEFORE BECOME INGING SOLICITOR
GENERAL, HE SERVED IN THE GEORGE
BUSH ADMINISTRATION.
BUSH ADMINISTRATION. NEWLY OBTAINED E-MAILS OBTAINED
BY "THE GUARDIAN" NEWSPAPER SHOW
HE WAS PART OF THE SECRET ELITE
ALL MALE DINNER CLUB WITH NEWLY
MINTED SUPREME COURT JUSTICE
BRETT KAVANAUGH.
BRETT KAVANAUGH. BOYS ONLY.
BOYS ONLY. NOBODY WAS ABLE TO ASK KAVANAUGH
ABOUT THAT AT HIS CONFIRMATION
HEARINGS, BUT THEY BOTH WERE
APPARENTLY PART OF A SECRET,
ELITE ALL MALE REPUBLICAN
LAWYERS DINNER CLUB.
BUT NOEL FRANCISCO WAS ALSO A
PARTNER AT THE CREAM OF THE CROP
BIG REPUBLICAN LAW FIRM CALLED
JONES DAY.
JONES DAY. NOTHING SCANDALOUS ABOUT THAT.
JONES DAY IS A BIG PRESTIGIOUS
LAW FIRM.
LAW FIRM. THE PROBLEM HERE IS IF NOEL
FRANCISCO WANTS TO TAKE OVER
SUPERVISION OF THE MUELLER
INVESTIGATION, HE REALLY CAN’T,
BECAUSE JONES DAY, HIS LAW FIRM,
REPRESENTS THE TRUMP CAMPAIGN IN
THE MUELLER INVESTIGATION.
THEY REPRESENT THE MOST
IMPORTANT CLIENT IN THAT
INVESTIGATION.
INVESTIGATION. THEY REPRESENT THE MOST
IMPORTANT CLIENT IN THAT FIGHT.
HOW CAN A GUY WHO IS A PARTNER
AT THIS LAW FIRM, WHO STILL HAS
AN ONGOING FINANCIAL
RELATIONSHIP WITH THAT LAW FIRM,
HOW CAN HE OBJECTIVELY ON BEHALF
OF THE UNITED STATES OVERSEE
THIS BIG CONSEQUENTIAL CRIMINAL
COUNTERINTELLIGENCE
COUNTERINTELLIGENCE INVESTIGATION AND PROSECUTION
WHEN THE CENTRAL SUBJECT OF THAT
INVESTIGATION IS A CLIENT OF HIS
LAW FIRM, RIGHT?
YOU JUST CAN’T DO THAT.
IT’S A CLEAN, PURE CONFLICT OF
INTEREST.
INTEREST. IT MAKES NO SENSE.
THAT BRINGS US TO TONIGHT’S
NEWS.
NEWS. CREW, CITIZENS FOR
RESPONSIBILITY AND ETHICS IN
WASHINGTON, TONIGHT THEY HAVE
OBTAINED THIS.
OBTAINED THIS. IT IS A SHORT DOCUMENT.
IT FITS ON A QUARTER PAGE.
ACTUALLY LOOKS MORE LIKE A
PERMISSION SLIP THAN AN ACTUAL
GOVERNMENT FORM.
GOVERNMENT FORM. BUT THAT’S BASICALLY WHAT IT IS.
WHAT CREW HAS JUST OBTAIN AND
PUBLISHED TONIGHT IS THIS SHORT
DOCUMENT THAT SHOWS IN SPRING OF
THIS YEAR, IN APRIL OF THIS
YEAR, THE TRUMP WHITE HOUSE
ISSUED A SECRET PERMISSION SLIP
TO SOLICITOR GENERAL NOEL
FRANCISCO WHICH EXCUSES HIM FROM
THE ETHICS RULES THAT WOULD
OTHERWISE BLOCK HIM FROM BEING
INVOLVED IN ANY LEGAL MATTER
INVOLVING THE LAW FIRM AT WHICH
HE WAS A PARTNER, JONES DAY.
YOU CAN SEE THE TITLE THERE OF
THE DOCUMENT.
THE DOCUMENT. EXECUTIVE ORDER 13770 WAIVER FOR
NOEL FRANCISCO.
NOEL FRANCISCO. SIGNED BY DON McGAHN.
I KNOW YOU CAN READ THAT, BUT
I’M TOLD, TRUST ME THAT’S HIS
SIGNATURE, SIGNED ON APRIL 24th
THIS YEAR.
THIS YEAR. IT’S BASICALLY VERY SIMPLE
LANGUAGE.
LANGUAGE. I GRANT A WAIVER FOR NOEL
FRANCISCO, SOLICITOR GENERAL TO
PARTICIPATE IN MATTERS IN WHICH
JONES DAY, HIS FORMER LAW FIRM
REPRESENTS A PARTY.
NOW WHY DOES HE GET PERMISSION
TO DO THAT?
WHY IS HE EXCUSED FROM THE
ETHICS RULES THAT OTHERWISE
BLOCK HIM FROM DOING THAT FOR
GOOD REASONS?
GOOD REASONS? DON’T KNOW.
DON’T KNOW. IT DOESN’T SAY.
NO REASONS GIVEN.
THERE IS JUST THIS TERSE
PRONOUNCEMENT THAT HE IS
EXCUSED.
EXCUSED. AND THIS DOCUMENT UNTIL TODAY
HAS BEEN A SECRET, WHICH ITSELF
IS A STORY.
THE WHITE HOUSE IS SUPPOSED TO
MAINTAIN AN ONLINE LIST WHERE
THEY ESSENTIALLY MAKE A PUBLIC
NOTICE OF THINGS LIKE THIS.
FOR SOME REASON, THE ONE THEY
DID FOR NOEL FRANCISCO WASN’T
PUT ON THE LIST.
THESE ARE ALL OF THE THINGS THEY
HAVE POSTED ONLINE.
YOU CAN SEE THEY’RE POSTED
ALPHABETICALLY.
ALPHABETICALLY. NOEL FRANCISCO SHOULD BE THERE
BETWEEN FORSGREN, DENNIS AND
GORDON-HAGERTY, LISA, BUT HE IS
NOT THERE.
NOT THERE. NEVERTHELESS, CREWS OBTAINED
THIS DOCUMENT, SO AS OF TONIGHT
WE CAN NOW TELL WE CAN NOW SEE
FOR THE FIRST TIME THAT THE
TRUMP WHITE HOUSE HAS BEEN
MANEUVERING SO IF ROD ROSENSTEIN
IS FIRED OR QUITS, THE GUY FROM
THE LAW FIRM THAT IS
REPRESENTING THE TRUMP CAMPAIGN
IN THE RUSSIA INVESTIGATION WILL
BE ALLOWED TO OVERSEE, TO TAKE
OVER THE WHOLE RUSSIA
INVESTIGATION.
INVESTIGATION. NOW, WE HAVE POSTED THAT
DOCUMENT ONLINE IF YOU WANT TO
SEE IT AT OUR WEBSITE, BUT IT IS
COOL TO HAVE OBTAINED THIS FOR
THE FIRST TIME.
CREDIT TO THEM FOR GETTING IT.
IT’S WORTH KNOWING ABOUT IN ITS
OWN RIGHT.
OWN RIGHT. I ALSO THINK THIS IS JUST A GOOD
REMINDER AT THIS POINT IN THE
NEWS CYCLE AND IN THIS MOMENT IN
HISTORY, JUST IN GENERAL, KEEP
YOUR HEADLIGHTS ON.
RIGHT NOW.
RIGHT NOW. KEEP YOUR HEADLIGHTS ON FOR THIS
NEXT WEEK, EVEN AFTER THE
ELECTION.
ELECTION. I MEAN EVEN JUST THIS STORY HERE
ABOUT THE SOLICITOR GENERAL,
ABOUT THE GUY WHO WOULD TAKE
OVER THE MUELLER INVESTIGATION,
IF THEY FIRE ROD ROSENSTEIN.
THIS IS ALREADY LOOKING A LITTLE
BIT NUTS, RIGHT?
AND THEY MAY TRY TO DO SOME NUT
STUFF.
STUFF. THEY MAY TRY TO MAKE SOME OF
THESE BIG CONTROVERSIAL MOVES
ALL OF THE SUDDEN BEFORE THE
CONFETTI HAS HIT THE GROUND NEXT
WEEK.
WEEK. AND WITH THIS ONE, HONESTLY, I
DON’T KNOW HOW THIS GETS
RESOLVED.
RESOLVED. I MEAN, I HAVE A FEELING I KNOW
WHY THEY KEPT IT SECRET ALL
THESE MONTHS, BUT I DON’T KNOW
HOW THIS GETS FIXED.
PARTICULARLY IF THEY’RE GOING TO
TRY TO SORT OF SPRING THIS SORT
OF THING ON US SO NOBODY KNOWS
UNTIL IT HAPPENS THAT THE
SOLICITOR GENERAL IS GOING TO BE
ALLOWED TO DO THIS ONCE THEY
FIRE ROSENSTEIN.
FIRE ROSENSTEIN. WHETHER OR NOT YOU HAVE ANY
SENSE OF HOW THE LEGAL ETHICS ON
SOMETHING LIKE THIS WOULD
HONESTLY WORK, THIS IS LIKE "THE
RACHEL MADDOW SHOW" IS IN BIG
TROUBLE.
TROUBLE. "THE RACHEL MADDOW SHOW" IS
INVOLVED IN SOME BIG FINANCIAL
SCANDAL, AND THERE’S GOING TO BE
AN INVESTIGATION, AND THEN I GO
AND GET A WAIVER SO THAT I AM
ALLOWED TO OVERSEE THE
INVESTIGATION INTO THIS BIG
SCANDAL AT "THE RACHEL MADDOW
SHOW."
SHOW." WHY?
WHY? WHAT’S THE PROBLEM?
I GOT A WAIVER.
IT TURNS OUT IT’S FINE.
I CAN BE IMPARTIAL.
WHY WOULDN’T I BE ABLE TO
INVESTIGATE THIS FULLY?
BUT THAT’S WHAT THEY MAY BE
TRYING TO DO TO PUT THE WHOLE
MUELLER INVESTIGATION INTO A
WHOLE DIFFERENT KIND OF CONTROL