mourn the loss of already birkin, let's do our best to follow in his footsteps. be strong, be brave, and be a hero. and on that note, i wish you a very good and a healthy night. we are sending love to his family. from all around the colleagues across nbc news, thank you for staying up late with me. i'll see you at the end of tomorrow. tomorrow right now the biden administration is dealing with two major military conflicts in two separate parts of the world. and the desire to actually secure funding for the conflicts involving israel and ukraine was supposed to be, it was supposed to be the reason that moderate republicans voted in a far-right speaker of the house. with the interparty war over house leadership resolved, the idea is that those emergencies would finally be dealt with, at least that was the idea. today, it became painfully obvious that the republicans new speaker, congressman mike johnson, it's not really going to deal with any of it. this evening, speaker johnson put every republican on the record, voting for a bill that did not include any aid to ukraine's, and which would provide aid to israel, only on the condition that congress defunded the irs, to allow billionaires to cheat on their taxes. >> we have obligations, and we have come. it's and we want to protect and help and assist our friend israel. what we have to keep our own house in order as well. >> so you are saying you will not pass in israel aid bill, unless it is off, that is that the correct interpretation of your? >> that's voter going to do. i did not attach that for political purposes, okay i attach because again, we're trying to get back to the principle of prince's -- >> okay, before we go any further, here asked me pointed out that a bill that cuts spending to the irs, does not do anything to get back to the principle of fiscal responsibility. in fact, the head of the irs estimates that cutting that funding would actually cost the u.s. 90 billion dollars in tax revenue. which is plainly obvious. if you defund the tax police for rich people, rich people and paying less taxes. it also could be noted that speaker johnson and house republicans are once again very concerned about the debt, with a democrat in the white house. they were far less concerned when donald trump added almost eight trillion dollars to the debt's, in a single term. in part due to massive tax cuts that republicans passed to benefit the wealthy's. i see a pattern here. and tonight, republicans voted overwhelmingly to pass that bill, trying aid for israel to what is effectively aid for billionaires. so, the domestic politics here are transparent's. but the global consequences could be damning. thomas friedman are today in the new york times, thank goodness that johnson was not speaker jerod or. to he and his myopic members might not have pressed to fund the war against the germans in europe, but not against the japanese in the pacific, where they would have agreed to lend lease assistance for the allies, only if franklin roosevelt would eliminate the irs altogether. if it feels as if house gop leaders are small thinkers in a big time, it is because they are. they are shameless, shameful and dangerous. they are also, apparently, wasting a whole lot of everybody's time. senator chuck schumer has already declared speaker johnson's bill dead on revil in the senate. and senate republican leader mitch mcconnell has already embraced the idea of keeping israel aid tied to ukraine aid, which puts him directly at odds with the republican speaker of the house. do not be mistaken to think that senate republicans have it together though. last night, republicans took the senate floor, and took -- fighting with a fellow republican. after senator tommy tuberville refused to give up his months -long blockade on military appointments, as a protest, a one man protest, over the defense department's abortion policy. >> -- >> i really respect men over their word, i do not respect men who do not honor their word. if this is the norm, who the hell wants to serve in the military, when your promotion can be canned, based on that you had nothing to do with? >> and it is simply a, in my opinion, and abuse of the powers we have as senators. >> we are going to look back at this episode, and just be stunned, and what a national security suicide mission this became >> today, the senate was finally able to break through the tuberville blockade for a few hours, and individually confirmed three military leaders. but senator tuberville has bought almost 400 nominations, and he does not seem to be going anywhere. so this whole thing is not over yet, nor is the battle over aid for israel and ukraine. meanwhile, house republicans would rather be working on something else entirely. last night, at least 50 house republicans all appeared together for an interview. i guess you would call it an interview with, sean hannity. if that alone wasn't weird enough, this is what happened. >> is this leading to impeachment? >> we are going to follow the truth where it leads, because we have a constitutional -- we are on and we're going to continue. >> let me scan the room, how many of you think that is where that is, had please raise your hand? >> wow the whole room >> i thank you all >> joining me now is congressman adam schiff, democrat of california. he is also of course a candidate for the california senate seat from california. congressman, thank you for being here. i just would like to first get your reaction to the process, i guess we could call that speaker johnson has lead in the house. thomas friedman asserts that johnson is either too inexperienced, or two ideological, or both, to see the geopolitical reality of what this is. what do you think he is? >> well, i think tom friedman is probably right, on both regards. that a lack of experience and you know frankly, a lack of substance, a lack of seeing the big picture, a willingness to be small, and not consider what's at stake, not consider how the rest of the world is going to interpret this partisan bill, on israel that was saddled with this poison pill of letting off the hook wealthy tax cheats. apparently, wealthy tax cheats are a core constituency for the republicans, and that takes precedence over support for an ally like israel, at a time of war. i too think, more particularly as you mentioned at the outset, these are small petty, partisan thinkers, at a time when the world has huge challenges. and, he is going to have to learn fast, he's going to have to grow fast, because the world demands it. we need to support our ally israel, we need to support our ally ukraine. we need to make sure that we can provide humanitarian relief for palestinians being used as human shields by hamas. we need to be able to do it all. and, this is a terrible start of the speakership. >> do you think that he is just i mean, right now, it looks as if there is a real continuing interparty war between the republicans in the upper chamber, and republicans in the lower chamber. mitch mcconnell does not improve, at least a terms of what he said, of what speaker johnson is doing, decoupling the ukraine aid from israel aid. how do you think this ends? >> i think it ends with our providing aid to israel, aid for ukraine. and i hope it ends up being jointly, done and in a bipartisan fashion. but you know, mcconnell is looking at playing at the same game in the senate, frankly just on the other aid package, with israel aid, the republican house speaker one at a time to, the republican dream of letting off wealthy tax cheats. in the senate, mcconnell is dreaming of combining ukraine aid apparently, with some republican harsh border bill. neither of those poison pills belong in these emergency aid packages. historically, they never have. we have taken up things individually, particularly during a time of war. and, i hope at the end of the day we get to a place we should have started. but the fact that it is going to take time, and it is going to involve the kind of division which are showcased in the house today you know, is just a welcome sign for putin, it's a welcome sign for hamas. and it's a welcome sign for iran and there other terrorist organizations they back. >> meanwhile, the republicans in the house have at least, at least 50 of them have time to sit for an interview with sean hannity, and raise their hand in support of an impeachment proceeding, or an impeachment process for president biden. i want to play a little bit of sound, from speaker johnson, talk about the impeachment process. this is from today. >> i do believe that very, soon we are coming to a point of decision on it. what you are seeing right now is a deliberate constitutional process. not the way the democrats do it, snap and peach mints, shamet petras, and all the rest. >> congressman, you were intimately involved in the impeachment proceedings in the house, what do you make of this current speaker of the house calling the way democrats did it as a snap impeachment, in a shame peach meant? >> well, he has a very short memory, apparently. we investigated, as you know, during a lengthy period of time, -- we didn't bring impeachment proceedings, and although many were urging us to do so at the time. it wasn't until his even more serious ukraine misconduct was discovered, that we initiated impeachment proceedings. and so, he has a very short and, evidently, a very inaccurate memory of things. but what we understood, is once we announce an impeachment investigation, that was gonna gather great momentum. it is why we held off for so long. but by kevin mccarthy announcing impeachment investigation, in the hopes that throwing that red meat to his base would save his speakership, and that is saved his speakership nor was the right move for the country. because it created this momentum, this train moving forward, that now may appear irresistible to these republicans that are so in the thrall of people like sean hannity and donald trump. >> and the speaker's intern, enthrall by the far-right conservative maga base, if you will, and his own conference. speaking of which, there is movement yesterday to expel george santos from congress. the vote failed 179 to 213. i know you missed that vote last night. there were also 31 democrats who voted not to expel congressman santos. one of them was your colleague jamie raskin. i wonder, how would you vote if you could vote tonight? >> i would have voted to expel them. but for -- i would have been there to vote to expel. i'm the evidence i against santos as i think pretty overwhelming. the republicans understand it just as much as we do. but, they want his vote anyway. they will take the vote of a serial liar any day of the week, to prop up their very weak, fragile, divided majority. and while i understand the argument of some of my democratic colleagues who opposed the motion to expel him, i think you have to look at the quantum of evidence, and not simply a -- because we ought to have a higher standard in the, house then a mere conviction of multiple felonies. >> congressman adam schiff, someone who still believes in standards in the house of representatives. >> i think that the other side of the aisle is doing much to disabuse that notion. congressman schiff, thank you for your time tonight, i appreciate it. >> thank you. not want to turn to stands -- for politics at politico. sam, thank you for being here. what do democrats do with mike, johnson leaving the house of representatives. ? >> well, i think we have to wait and see what direction this goes. and i mean, we have two things at once that are a big country. and one is that -- he signal to senate republicans that he does support ukraine. it he has said that he supports aid for israel. but he is also in the other direction, put this provision in for an israel only package that he knew would never get adopted by the senate. but so, the democrats from the hill that we talk, to and including the white house frankly, are just -- they don't know the guy particularly well, they have manageable time during -- i think you met with joe biden, or white house officials twice, and it was fairly ceremonial to this. and so they're kind of measuring him out, seeing what he is like. and ultimately, they are going to have to engage him. it is just a question of when, and what kind of numbers that could bring to. it >> while they are going to have to engage in, and he is going to have to engage them to. or at least he's going to have to engage some of the people who are standing in opposition to him. if the senate is going to throw this back in his face, and i guess i wonder what you think johnson's next move is there? >> i mean he knows, he made the republicans in this conference take the vote, knowing that it was dead on arrival in the senate, right? >> so. yeah and this is, this is the same problem that kevin mccarthy essentially makes. at some point, you probably do half to anger a portion of your caucus. and how much you anger them, could very well determine how long you hold on to the speakership. for mccarthy it was funding the government for a matter of months. and once he did that it was. the impeachment stuff that you were talking with adam schiff, he launched impeachment inquiry precisely to buy himself more time with the hard-liners in this caucus. and, that did not do the trick. so now, mike johnson faces basically the same issue. right how long can he placate those members of his caucus, before he has to bring to the floor, a vote to fund the government, potentially fund ukraine, and fun israel. and what kind of concessions could be maybe extract that would make it more palatable to the conservatives? they still have that small threshold that allows them to oust a speaker, if they choose to do so. >> will not only do they have that sort of legislative reality, or that sort of parliamentary reality in their grip. there is also the example of tommy tuberville, sitting in the senate, getting absolutely destroyed by his colleagues in his party, for this one man campaign that has borne no through to, that is held up 400 military appointments that he has been absent since february of this year. and he is not shutting down. i kind of wonder, to what degree. you know, house republicans look at that and say, that's the kind of guy want? >> right well i emphasize with -- and that's how my colleagues feel about me. they say it to me all the time. and so it makes a lot of sense to me i think mitt romney in a quid said something -- to just sort -- of -- and he used to be that you would kind of be a pariah, right, you get embarrassed by it but ultimately they would work around you but. in the modern day of politics, tommy tuberville frankly is a hero to a lot of people. he has he has shown no willingness to back off of what he is doing. there are very few points of leverage is. out sort of any ambitious rules, change they can pull over him. and if you talk to people in alabama, they respect him for what he is doing. and that really gets to the incentive structure that i think you are talking about, which is for modern politicians, the things to do now is to sort of stick your neck out and do something that would have been in another era, considered crazy an outrageous. four -- from your base -- fund-raise a ton of money. and sort of -- that's the idea that come here to the right. and i think tommy tuberville is a great example. that >> well yeah and the sort of diminishment of american politics. it used to be i mean, the bad development used to be republicans putting party before country. now it is just putting themselves for anything else. at the expense of their own party. these campaigns are being waged. sam stein, thank you my friend for your time tonight. it is great to see you >> so it's a pleasure. alex >> we have a lot more this. evening senate democrats in republicans are squaring off over justice clarence thomas, and his relationships with some very wealthy friends. plus, we have some breaking news about donald trump, his gag order, in this report. that is next. rsv can severely affect the lungs and lower airways. but i'm protected with arexvy. arexvy is a vaccine used to prevent lower respiratory disease from rsv in people 60 years and older. rsv can be serious for those over 60, including those with asthma, diabetes, copd, and certain other conditions. but i'm protected. arexvy is proven to be over 82% effective in preventing lower respiratory disease from rsv and over 94% effective in those with these health conditions. arexvy does not protect everyone and is not for those with severe allergic reactions to its ingredients. those with weakened immune systems may have a lower response to the vaccine. the most common side effects are injection site pain, fatigue, muscle pain, headache, and joint pain. i chose arexvy. rsv? make it arexvy. nice footwork. man, you're lucky, watching live sports never used to be this easy. now you can stream all your games like it's nothing. yes! [ cheers ] yeah! woho! running up and down that field looks tough. it's a pitch. get way more into what you're into we have some breaking news this when you stream on the xfinity 10g network. evening. lawyers for donald trump have filed an emergency motion in the d. c. circuit court, to appeal a gag order placed on him by judge tanya chutkan, in the federal case surrounding -- trump's lawyers right president trump's uniquely powerful voice has been a fixture of american political discourse for eight years, and central 40 american fabric for decades the. prosecution's claim that trump's core political speech suddenly pose a threat to the administration of justice, is baseless. trump's lawyers further make it clear that they want to take this issue all the way to the highest court in the land. if the court denies this motion, president trump requests that the court extend its administrative stay for seven days, to allow him to seek relief from the u.s. supreme court. joining me now is joyce vance, former district attorney for the northern district of alabama. joyce, thank you for being, here as we parse this breaking news here. first of, all on its face it doesn't seem all that surprising that trump is appealing anything, because that seems central to his defense strategy. but what do you make about this idea that he wants take it to the supreme court, and a relatively short order? >> so i think that is not surprising at all. this is a notice of appeal, and with the request first for a quick administrative state of the gag order. so you can go back, presumably to talk about witnesses and others involved in the case. and, then he asks for a full stay pending appeal. so it's a little bit of complicated legal maneuvering, and ultimately it could go up to the supreme court. if, as i think most people expect, this appeal will be not particularly productive for trump in the court of appeals. >> just to sort of bring in some other data points on that. i mean, trump has some interesting bedfellows, here in his fight against this gag order. the aclu is one of. them they believe this is an infringement on his first amendment rights. do you think there is, you sound pretty confident that the supreme court is not going to -- but is there any merit to the appeals on its face? so there is a difference between motions that ultimately may not help a defendant, and motions that are frivolous. and this one isn't frivolous. they will be making an argument about a high level of scrutiny for gag orders, involving political figures. and as trump's lawyers point out in this brief that they have submitted tonight, a court has never imposed a gag order on a leading presidential candidate. of course, that's because they're leading presidential candidate has never been under indictment while they have been running before. but there are some legitimate legal issues that the