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tv   The Reid Out  MSNBC  December 20, 2021 4:00pm-5:00pm PST

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one final program note, tonight rachel maddow will interview bernie sanders and pramila jayapal. that does it for me. "the reidout" with jonathan is up next. hey, jonathan? >> thank you very much. have a good evening. >> thanks. good evening, everyone. i'm jonathan in tonight for joy reid. we begin "the reidout" tonight with american on edge. covid once again threatening to up end the travel holiday plans as the pandemic marchs into the third year. this time it's coming from the highly transmissible omicron variant. due to the covid spike broadway
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shows are cancelling performances, "saturday night live" dropped its live audience and musical guests and the rockets -- rockettes cancelled the rest of their season. the long testing lines are back. we're also seeing a mini outbreak in congress. senators elizabeth warren and cory booker tested positive for covid. new restrictions in place in europe including another lockdown in the netherlands while closer to home here in washington d.c. the city's indoor mask mandate goes back into effect tomorrow morning with a stricter vaccination mandate for government workers. it's the same now familiar feeling of dread harkening back to march of 2020 when fear and confusion left so many of us stunned. the variant is likely to strain u.s. hospitals in a few short weeks but unlike two years ago, a vaccine is now available that
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can largely protect people against the worst outcomes. president biden will address the nation on covid tomorrow and is expected to deliver a stark warning to those who remain unvaccinated. joining me is the mayor of washington d.c. muriel bowser. thank you for being here. >> thank you, jonathan. thanks for having me. >> so the mask mandate goes back into tomorrow. what precipitated, what necessitated that decision by you to reinstate the mask mandate tomorrow at 6:00 a.m.? >> well, jonathan, we're looking at in the last week or so in the district we seen our case numbers go up substantially in the hundreds of cases per day and that's a significant number for us. we are seeing our vaccinations go up at the same time and our
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message to residents is to use layered mitigation strategies. the first one being a safe and effective vaccine, all people 5 years and older should be getting vaccinated if they haven't been and getting a booster and now is the time to do exactly that. >> the other thing you announced today that i mentioned in the intro is that you now have a vaccine mandate for government workers. a vaccine mandate without a testing opt out. why? >> well, we put a vaccine mandate, an absolute mandate in place for health care workers and school personnel a couple of months ago, as well as everybody else in the government except we were allowing a weekly test out. we need to focus our testing resources for people who need a test and we know that vaccine works and we want all of our 37,000 employees to be fully
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vaccinated plus getting a booster. so our new mandate will include a full vaccination and a booster to be in compliance and we know that's how we're going to keep our employees available for work, out of the hospital and that's very important for this winter surge. >> you know, we've seen resistance to vaccine mandates all around the country, particularly among municipal workers around the country. are you finding getting any push back from city workers so far? >> we've had some but i have to tell you we've used progressive discipline to make sure that everybody has an opportunity to get the information and compile. i've said frequently, we went into this pandemic with a great team. all of our employees have performed heroically and want to make sure they continue to be an the team. in the case of our schools, it's
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very important all of our school personnel are fully vaccinated because our value in d.c. is to maintain public education and we're going to do everything possible to see that that happens but that includes keeping our school personnel safe. so we want them to get fully vaccinated. our public safety workers, firefighters, especially have been included with our health care mandate for sometime. >> one of the things they're also instituting is you're distributing free rapid antigen tests at eight public libraries starting on wednesday. >> exactly. we want folks to know that they fill sick at all, it's very important they stay home, isolate and get tested. and there are a variety of ways. we have walkup testing at our fire stations that have been an incredible part of our testing regime throughout this pandemic.
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we also have test yourself kits that are available at over 30 libraries in washington d.c. it's a pcr test. you do it yourself, you drop it off at the library and get your results in 1.five days. similarly, we want to make as many rapid tests available to our residents as possible and we'll start doing that on wednesday. including making sure that 100,000 kits are distributed to our public schools and we'll use the first two days after winter break for families to pick up those tests and test before they come back to school. >> mayor bowser, last question for you. that is this, with the indoor mask mandate, at this point do you foresee any possibility of having to go the extra step of shutting everything down in the way that you and the other
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mayors and governors did at the beginning of this pandemic? >> one thing i learned about this virus, jonathan, is that we have to evolve and we have to change our strategies to deal with the virus. i think the difference between march 2020 and now is that we have a safe and effective vaccine. and we know the differences between unvaccinated people and fully vaccinated people in terms of case rates and hospitalizations is stark. so our way through this pandemic even this winter surge is for everybody to get vaccinated, to test themselves, to isolate if they're feeling sick and that is the way we're going to get through this virus. all of us are focused on being able to maintain our critical government services especially education to take care of our vulnerable and for people to be
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able to go to work and to go to school. so we're monitoring every day. we'll make changes as necessary to keep washington people safe. >> all right. washington d.c. mayor bowser, thank you very much. joining me next, dr. roy, thank you very much for coming to "the reidout." the president is going to speak to the american people about covid. what do you want to hear from him? >> good to be with you, jonathan. this is what i want to hear all of my fellow health care workers especially front line health care worker want to hear. we want to wear about the need for vaccinations and particularly boosters among all people, those that are eligible and medically cleared to get it, which is the majority of people. we need wide spread testing and still accessible testing, not only a testing facility but also
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at home testing. we also need mask mandates to come back. i'm telling everyone to wear these again. especially when you're indoors in public spaces. this is what we need. again, the vaccines need to happen locally and globally. and i got to tell you, jonathan, there is a strain on people like me front line health care workers, my fellow physicians as well as nurses, respiratory therapists, cafeteria workers, administration staff and many, many people needed to keep a hospital open. we're completely burning out emotionally and physically we're exhausted and since the start of the pandemic, one in five health care workers has left the field and right now in the united states, 20 percent of icu beds are occupied by covid infected patients according to the health and human services. remember, as more and more -- while most cases so far may be mild with the omicron variant
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and we don't know that for a fact yet, if they are mild and rising, which this omicron variant is, more and more people will get infected and a good percentage of those people will require hospitalization, which means that more and more health care workers in the hospitals will get exposed and get infected and that means they'll have to go home, which means existing hospital staff will be short staffed. so the vicious cycle continues. this is why we need the president to really come down strongly on vaccines and i would say vaccine mandates otherwise how will we get the other 40% vaccinated? we have to all be in this together, jonathan. >> and yet, dr. roy, there is a significant portion of our population that is just not down with the program. have a listen to ron desantis and sarah palin. >> have you gotten the booster? >> so, i've done whatever i did
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the normal shot and, you know, that at the end of the day is people's individual decisions about what they want to do. >> it will be over my dead body that i'll have to get a shot. i will not do it. i won't do it, and they better not touch my kids, either. >> dr. roy, just explain how unhelpful and dangerous that sentiment is. >> yeah, i'll go a step further, jonathan, unhelpful is not the word. it is flatout dangerous and infuriating for health care workers like me. i mean, doctors and nurses, we go into this field because we truly want to save lives and we want to improve the quality of lives and i don't need to tell you, jonathan, that unfortunately, this covid-19 public health crisis has been criticized from the very beginning and much to the
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detriment of good men and women and children in this country. i did all of my medical training in the south in louisiana and north carolina, not once did i ask or give a damn about somebody's political or religious affiliation because it doesn't impact my clinical judgment, which is always rooted in science. that's what needs to happen. when political figures, influencers in the political realm make it political, make something that's a medical and public health issue political, it literally jeopardizes the lives of the people we're trying to take care of and in turn jeopardizes our lives. it's a vicious cycle and we need to put an end to it because this virus, sars covi 2 doesn't give a damn about religious affiliation. it replicates, mutates and infects. we need to step up and do the right thing. >> dr. roy, thank you very much for coming to "the reidout".
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up next on "the reidout" after we get past the finger pointing and recrimination between joe mansion and the white house, what, if anything, can be salvaged with the biden agenda? also, as the new york attorney general turns up the heat on donald trump, he responds as he always does when he's cornered. he's suing. plus, the jury gets the case of former minnesota police officer kim potter who shot and killed daunte wright claiming she mistook her gun for a taser. democrats can point to several successes in 2021. we'll talk about one very significant accomplishment. judges. "the reidout" continues after this. judges "the reidout" continues after this s... still fresh. in wash-scent booster. ♪ downy unstopables ♪♪
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senator joe mansion is doubling down on his startling admission yesterday he's done with the build back better bill. in a radio interview today he
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accused democrats of baggering him. >> surely to god we can move one person, surely we can badger and beat one person and get enough protesters to make that person uncomfortable enough to quit. you know me. i just got to the whits end and they know the real reason what happened. they won't tell you and i'm not going to. >> wait, wait, wait. wait, wait, you said there is -- they know the real reason, they're not doing to tell us, you're not going to tell us. what do you mean? >> the bottom line is there is basically, it's staff driven. i understand staff. it's not the president this is staff. they drove some things and put some things out that were absolutely inexcusable. they know what it is and that's it. >> yesterday in a statement approved by president biden, white house press secretary jen psaki said his comments represent a sudden reversal of
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his position and breach in the commitments to the president and colleagues in the house and senate, however, she was far more muted in today's press briefing saying she can't speak for senator mansion and the white house remains focused on what is next. senator mansion said he's open to new programs that are fully funded over ten years. and "the washington post" reports that before negotiations broke down, senator mansion told the white house that he would accept a $1.8 trillion package that included universal prek for ten years and an expansion of obamacare and hundreds of billions of dollars to combat climate change but that plan didn't include a child tax credit, an omission difficult for the white house to accept in the high stakes negotiations. get this, nbc news has now confirmed reporting that senator mansion has actually raised concerns to fellow democratic senators that parents would use their child tax credit payments to buy drugs. in a statement to nbc, senator
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mansion spokesperson said he has made clear that he supports the child tax credit and believes the money should be targeted to those who need it most. joining me now nbc news capitol hill reporter julie in charleston west virginia and michelle goldberg, new york time's columnist and msnbc contributor. thank you both very much for coming to "the reidout." you've been on the ground all day. i want to play some of the sound you got during your reporting and i'll talk to you about it on the other side. >> the rest of the country is getting to see us and to know that joe mansion doesn't speak for us and that he doesn't represent us. if he knew anything about what was going on on the ground in his state, if he actually talked to any family in this state, he would understand that they are already hurting and things can't get much worse. >> i know people are angry at
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him right now, but you got to stand up for your principles and for one time in our country that we've got an individual out there lighting it up and telling people i'm not going to put up with all the stuff and joe is doing a great job and i tell ya, he should be commended as opposed to ridiculed. >> so julie, we got promansion and an anti mansion comment there but you've been there all day. which point of view was more prevalent as you talk to people there? >> yeah, jonathan, look, the interesting thing about west virginia is that the state itself is small. there is less than 2 million people living here and the politics have shifted in the last couple of decades. you had a pretty blue state in the '90s for example and suddenly had a shift the last four presidents elected were donald trump 20 points in 2016 and 30 points in 2020. the politics on the ground reflect that. i had people coming up to me
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saying they're with joe. they're not talking about president biden but joe mansion and on the flip side, angie, the moms you heard from that want the child care tax credit extended and need these programs to function. i spoke to women that say they are seniors and rely on prescription drugs and fair pricing of the items but i had people that came up to me and say i have to work a bunch of jobs. you see the price of gas and lumber rising in our state echoing the comments joe mansion made when he said why he's against this bill and they're saying that they need joe mansion to basically press the pause button like joe mansion said himself. wait for inflation to cool. at the same time you have those women like you heard from today quite angry and before i came on with you, there was a vigil held outside his office with a bunch of folks gathered protesting the senator and demanding that he stand up for what is right for them and that's build back
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better. >> and michelle, yesterday, the reaction to senator mansion, what senator mansion had to say was swift and it was harsh and you had progressives out there immediately saying we told y'all this was going to happen. take a look. you had a.o.c. from new york tweeting out a hand full of us warned this would happen. the dem leaders warned us. many ridiculed our position and you can also see congresswoman ilhan omar says let's be clear, mansion's excuses bull puck, that's not what she wrote but that's what i'm saying. it hard to say that they're wrong but where do we go from here? where do you think? >> well, yeah, they're absolutely right to feel betrayed. i still think that the politics being what they were in the
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aftermath of losses in virginia it made sense -- the white house needed a win and i understand why they just wanted to pass a bipartisan infrastructure bill to show they can do something. yes, absolutely. this does confirm progressives were scared what joe mansion would do. i think joe mansion has all of the leverage here. it's not fair. it's not right. it's not really democratic given the small size of the state he represents but it is what it is so there has been recording that he made an offer to the white house for a bill that included fewer programs funded for longer and there is actually i think a substantive argument to do fewer programs funded for longer although i think it should include the child tax credit rather than programs he prefers. but at this point, i think that even though it might be hard to get for some progressives in the house on board because they have every reason to distrust that
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this offer is sincere and joe mansion will keep his word, that seems to be the best path forward, right? trying for something is better than ending up with nothing. >> uh-huh. michelle, you know, i mentioned the fact that, you know, we have confirmed reporting that senator mansion said to colleagues that he's, you know, he's not down with the child tax credit because to some folk, they use it to buy drugs. that's not the only thing he said. he said apparently privately to colleagues he's worried people in his state would use paid leave to go hunting. go ahead. >> you know, look, okay, so on the one hand i think joe mansion is in fact, you know, kind of more in tune with the -- his state, the coastal pundits like me. at same time, there is something profoundly out of touch about a man who drives a mazarti, people
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are spending this money on basics, food, spending it on housing, spending it on utilities, right? the idea that people who are trying to raise children in this economic environment, particularly with this inflation that an extra 300 or $600 a month is a wind fall they will go out and become drug addicts or 14 weeks of paid leave is a luxury people will go on hunting vacations. he really is, i think, out of touch with what it is like to be a person raising children if you're not a millionaire in america right now. >> we've got a minute left but i got to play this clip of my interview with congresswoman cori bush yesterday and her reaction when i asked her the possibility of build back better moving next year. watch and real quickly on the
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other side we'll talk about it. how much hope do you have at least in the first three months of 2022 that build back better can be negotiated and passed and become law? >> when i leave this interview, i'll go to the interweb and look for the phone number to the ghost of christmas past, present and future or the email address to go see about scrooge on christmas eve -- sorry, not scrooge, senator mansion. >> i know what you're talking about. >> julie, real fast, the likelihood build back better getting a vote next year either in whole or in pieces. likely? >> yeah, look, it depends on who you talk to, right? one important thing michelle said is something that speaker pelosi actually floated earlier in the fall, this idea of doing fewer programs for a longer period of time. it wasn't just a joe mansion idea. that idea is still very much alive and well and my sources
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told me earlier in the week before senator mansion came out on this it could happen in march or april but really quick, cori bush also went on to say that she was part of this six or so member progressive faction in the house who said all along, if they decouple bipartisan infrastructure from build back better, they will lose all their leverage and she's saying she was right here. >> nbc julie and michelle goldberg, thank you both for coming to "the reidout." join rachel maddow for the showdown with senator mansion. she will be joined by senator bernie sanders and pramila jayapal and still ahead, a new legal volley from trump's attorneys as he tries to shut down new york's long running investigations into his shady business practices. the latest one targets new york state attorney general leticia james specifically. we'll be right back. eticia james specifically we'll be right back. hey hun
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the disgraced former president did what he always does, he filed a lawsuit against new york attorney general leticia james asking for a court order to halt the civil investigation into the company's business practices. the suit claims the investigation is guided by political animus and calls it a quote frivolous witch hunt. trump's lawsuit also seeks to bar james from participating in a separate criminal investigation conducted by the manhattan district attorney. james responded to the suit noting that the former president has continually sought to delay the investigation adding to be clear, neither mr. trump nor the trump organization get to dictate if and where they will answer for their actions, no one is above the law, not even
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someone with the name trump. joining me now, barbara mcquaid, former u.s. attorney and msnbc legal analyst and tim o'brien, bloomberg opinion senior columnist. thank you for coming to "the reidout." tim, the idea of donald trump suing the attorney general for the state of new york, this is out of trump playbook, long running trump playbook, isn't it? >> it is and it's really, you know, i wouldn't call it a lawsuit. i'd call it a hail mary pass. it is front of mind for donald trump now is he has to sit for a deposition on january 7th and donald trump is every lawyer's nightmare when it comes to being deposed under oath because he's a liar. he exaggerates and doesn't stick to the script. he views depositions as performance and gets him in trouble and the other thing is
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the last time he had a major government investigation at his doorstep was 50 years ago when the department of justice investigated the trump family for racism and discrimination in their housing projects in brooklyn. all of the intervening decade amounted to donald trump weaponizing lawsuits in private disputes for business competitors for the most part and public prosecutors march to a very different drummer. barb knows this better than i do. they don't worry about the same kind of reputational or media issues i think litigants care about and tish james wasted little time saying donald trump can file whatever lawsuit he wants but he's not above the law. his constitutional right doesn't include breaking the law. >> barbara, pick up on what tim
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is talking about. i'm wondering how likely is it this trump lawsuit against the attorney general for the state of new york might get thrown out? >> likelihood, 100%. jonathan, if that's the answer to a question so often we have to give it all kinds of conditions. maybe it likely. >> that's what i was expecting, barbara. >> yeah, tim used the metaphor it's a hail mary, a hail mary has some slim chance of success to win the game at the last minute. this is zero chance. this is a clear violation of the separation of powers between the executive branch on one hand and the attorney general's office and judiciary. they will not interfere in her investigations. if there is some charge filed, complaint file d, then donald trump can defend himself and he can do that in court. he can try to poke holes in her claims. all of those kinds of things
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will be available to him. to seize investigating because of what trump describes as ill motives and political motives is a total non-starter. if he committed crimes or violated the laws of the state of new york, it doesn't matter. he still has to answer to those either crimes or in this case, civil climbs. >> right. let's have a listen to what michael cohen said in congressional testimony in 2019. basically about what the attorney general is looking into. watch. >> it was my experience that mr. trump inflated his total assets when it served his purposes such as trying to be listed as mons -- amongst the wealtiest people in forbes and reduce assets to reduce taxes. >> tim, that is a witch hunt? that's part of the witch hunt? >> no, it's actually completely
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consistent with the fact pattern over decade.has routinely inflated everything he owns with bankers, the media, business competitors. donald trump does this. the issue isn't whether or not he did it. the issue is whether or not it amounts to a crime because he knowingly tried to mislead bankers, investors and other lean doors about the true value of assets to get loans for them and also mislead public authorities in order to lower his tax bill and that's what both tish james and cy vance's office is digging into now. these are parallel investigations. they have been following the same tracks. the idea that trump and this lawsuit is going to forbid the new york state attorney general from cooperating with the manhattan district attorney, which they have been doing for months at this point.
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this is very late in the game to claim that and because the suit doesn't have merit is the fact that the manhattan d.a. is looking at exactly the same thing. >> barbara, i have got to ask you about this news that broke "the washington post." that the january 6th committee is seeking information from republican congresswoman -- congressman scott perry, pennsylvania about communications with trump white house officials. they are seeking this information voluntarily. this is not a subpoena. this is to my mind a rather significant move by the committee to call in one of their fellow members of congress to talk about what happened on january 6th. >> it's an extraordinary request, you pointed out a member of congress but not calling him in his capacity as congress but witness to the january 6th events there has been reporting and testimony
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already that he was the conduit between donald trump and jeffrey clark at the justice department who wrote out that draft letter to georgia explaining the road map to throwing out the electors and substituting the legislators choice. he seems to be someone who has a lot of information. what will be interesting to see is if he does not voluntarily compile with this request, will they take it up a notch and serve him with a subpoena? i think we have reached the point where these niceties really need to be disregarded in the interest of what's in the best interest of our country. >> i also point out that scott perry is also the person who compiled the dossier alleging to show more votes than voters in pennsylvania but i'm with you, barbara. i think subpoenas that are coming for members of congress. barbara mcquaid, tim o'brien, thank you both very much for coming to "the reidout". the jury begins deliberations until the trial of former minnesota police officer kim potter who claims she
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mistook her gun for a taser when she killed daunte wright. we'll bring you that and the latest, next. we'll bring you that and the latest, next
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jury deliberations began in the former police officer kim potter charged with two counts of manslaughter of 20-year-old daunte wright during a traffic stop in april. she claims to have mistakenly used her gun instead of her taser when she shot wright in the chest. the prosecution asserted in its closing arguments that the mistake warrants conviction. >> she carried it on the right side every day for 26 years. and that's the weapon she used. members of the jury, that's culpable negligence and reckless handing of a firearm resulting in death. this case is about the
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defendant's rash and reckless conduct. >> attorneys for potter tried to get the jury to believe that daunte wright was ultimately to blame for his own death. >> that's what caused this whole incident, if he would have gone with the officers, been handcuffed, go to the squad car, go take a ride downtown and it's over. everything after that the officers did they did to try and restrain him, try and stop him from leaving. >> joining me now is paul butler, former federal prosecutor and georgetown law professor. this argument we hear, if he only compiled he wouldn't have been responsible for his own death. that was the same argument that was used in the derek chauvin trial. >> it's the typical blame the victim especially when the
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victim is an african american man. jonathan, to convict ms. potter of manslaughter, prosecutors don't have to prove she intended to kill daunte wright but only she was reckless or negligent. when ms. potter shot daunte wright, she didn't try to help him as he laid dying, instead, he burst into tears and said i'm going to go to prison. well, now both the prosecution and defense agree potter made a mistake but the defense says a mistake is not a crime. >> so having watched the trial, paul, which side gave the better argument? who do you think is going to prevail just by the arguments made in the trial? >> you know, jonathan, this is a really tough case. the prosecutors have video demonstrating that even as ms. potter was in tears after she shot mr. wright, she still had the presence of mind to ask did
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someone from the police union could come to help her. so the jurors may have questions about her credibility about whether any reasonable person could actually mistake a taser for a real gun and if they did, why wouldn't that be negligent? tasers are designed to look extremely different from guns. they're much bigger. they have a different trigger mechanism and officer potter kept the taser in one pocket and the gun in another pocket. and so recklessness means that she knew that there was a big risk that she could hurt someone and she acted anyway. the jurors may have difficulty with that charge but for manslaughter two, which basically means she was negligent, it hard to see there won't be a conviction. there is always a concern when jurors aren't diverse and this juror has one african american person on it.
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again, sometimes jurors evaluate police officers' testimony differently. doesn't mean that white jurors can't be fair but juries are told to use life experiences and often white jurors have different kinds of life experiences from police officers and african american jurors. >> uh-huh. and the makeup of the jury, nine white, two asian, one black. gender makeup is six men, six women. paul, the jury deliberations have ended for the evening but the jury is sequestered and i'm just wondering, given that we are hurdling to the christmas holiday, how likely is it that we could get a verdict before christmas eve? >> jonathan, i have no idea what the verdict will be. i can say with certainty that there will be a verdict before christmas and probably christmas eve because jurors don't like to deliberate over the holidays. they did ask a really interesting question today about a defense witness who actually
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the prosecution scored huge points with. he was a use of force expert and he interviewed ms. potter before the trial and she told him that she could not remember why she had decided to use her taser that day, but she also mr. mill don't make mistakes." and that directly rebutts the defense that the shooting was a mistake. jonathan, at trial miss potter told the jury she can't remember that interview with mr. miller. so the jury questioned, they mean that some jurors have concerns about former officer potter's credibility. >> mr. miller, a psychology expert retained by the defense and the question from the jury was what was the date of the potter interview with dr. miller? paul butler, thank you very much for coming back to the "reid
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. it's been a challenging weekend for president biden to say the least, but it's not all gloom and doom. on saturday the senate confirmed his 40th federal judicial nominee, the most since ronald reagan 40 years ago. it's been a top priority for the biden administration, which has nominated a slate of diverse candidates. according to the american constitution society, about 75% of those picks are women and two-thirds are people of color. in contrast, the former president's judicial nominees were 84% white and 76% men. president biden has nominated the first muslim american federal judge. first out lesbian judge on any
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federal circuit court and first korean-american woman on a federal appeals court. joining me, claire bond potter. professor potter, thank you very much for being here. numbers-wise, this is historic and big in terms of diversity. talk about why president biden in particular getting the slate of judges through is so important. >> thanks for having me, jonathan. it's important in part because joe biden promised that he would govern to an america that was diverse. he's had a lot of trouble getting legislation through but getting 40 judges through that are so diverse, not only really keeps that promise to make the judiciary as diverse as america is but it also ensures that as legislation is challenged, as
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various aspects of our democratic process are challenged, there will be people in place to make sure that the constitution is upheld. >> so this is great news and i read the news and i thought, okay, this is really good. but he still has three more years and he still has a recalcitrant republican opposition. how concerned are you that the pace of the first year is going to slow down significantly for the rest of his term? >> well, i'm very concerned about it because it only takes one senator from a state to actually stop a nomination from going through. so the states that he's had trouble getting his nominations confirmed are exactly those states where there's at least one republican senator. and of course the judiciary has become incredibly partisan. it really began during ronald reagan's presidency when robert bourque was nominated and liberals went after robert
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bourque as a person who would undo all the of liberal legislation of 1960s and 1970s. so i think one of the things that is actually important about biden's achievement is it's a lot harder to get judges through than it ever was. that being said, it should be a real goad to the democratic base to get out there and vote and organize people for 2022 so that biden can continue to remake the judiciary. >> and, you know, democrats -- judges are a thing, you know, filling the judiciary with judges is a thing on the right but for democrats, you know, they can care less really about judges but they need to. we have less than 90 seconds but given that congress is so gridlocked and can't get anything done, isn't there also a concern that we're moving legislating away from the legislative branch and putting it all on judges to figure out
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all the fights? >> of course that's the concern but i have to say, jonathan, that has been happening since world war ii. every piece important civil rights -- any civil right that should have been legislation actually moved through the courts. and if you look at, say, brown v. board of education, grizwald v. connecticut, roe v. wade, those all went through the courts. it's not a recent event that an important democracy do rely on the courts. it's all been through. >> one more case, obergerfel, which made my marriage to my husband nick legal in the united
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states. that's tonight's "reidout" will be back monday. "all in" with chris hayes starts right now. >> tonight on "all in" as the january 67th investigation continues, former generals raise alarms about another insurrection. and promising data on omicron and the importance of getting the word out on boosters did you get the booster? >> yes. i got it, too. >> and what may be the best hope for path forward with build back better on life support. >> i do not believe that the situation is beyond repair, but it's going to take a different kind of thinking to get out of it than it did to get into it. >> "all in" starts right

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