i'm sorry, we're out of time. as you had more time. thank you so much. that is tonight's read out. all in with chris hayes that right now. ght now. >> tonight on all in. >> we'll check with kentucky, where the race is not being called for the incumbent democrat. >> what an epic failure by governor youngkin. >> it does seem like the republican party generally as a real problem with winning. >> another big night for democrats, as the republican party struggles for answers. >> you put very sexy things like abortion and marijuana on the ballot, and a lot of young people come out to vote. >> and former attorney general eric holder on the republican front runner campaign to democracy. plus -- >> this has been a devastating series of documents for the trump organization. >> former trump attorney michael cohen on ivanka trump's day on the witness stand, and a day after her censure in the house, my exclusive interview with congresswoman rashida tlaib, when all in starts right now. good evening from new york, i'm chris hayes. we now have a result from election night 2023. last night across the country, voters cast their ballots, declaring what they actually think about matters -- as opposed to what they might tell pollsters. there was another test case from president joe biden and the democratic party, and it was, well, a huge resounding success for democrats, really hard to characterize it any other way. now, last night's results, have become something of a pattern and the biden era. that is not always the case. remember, in 2021, that was the first, weird, off-year election after biden was inaugurated in 20 20 to 1. that night, democrats had a rough night. there were two big marquee races that year, one in virginia, or that man, republican glenn youngkin won the race for governor. and then there was a recent jersey, where the incumbent democrat phil murphy barely along on against a vastly underfunded opponent. in fact, it was such a bad night for democrats that down ballot, the democratic state senate was ousted by an unknown truck driver. at the time, all of the seemed like a flashy, red warning signal that foretold of something like what we saw in the 2020 midterms, when democrats lost more than 60 seats in the house, like in 2018. the incumbent republican party lost control of the house. then came the supreme court decision to strike down roe v. wade, and i think it's fair to say, everything changed. since that ruling last summer, we have seen democratic voters motivated, really motivated, and swing voters, incredibly turned off by the far-right position on abortion, as well as the continued outright authoritarian aspirations of the maga wing of the republican party. it was just six weeks after the court struck down roe, dividers and the bright kansas, erwhelmingly rejected an amendment to the state constitution that made abortion illegal. and then came ushers but terms, which were -- since 1934, when franklin de owner roosevelt's first term. and this year, democrats have n big in a string of special elections across all sorts of districts, intended for ten different states. in 24 out of the 30 races that have seen, the margin in the race is strongly towards the democrats, the presidents party, he can see there in blue. democrats and their priorities have outperformed expectations in election after election after election. so, going until last night, with the pattern cold, particularly coming off a week dominated by polling anxiety? last night was no different. in kentucky, democratic governor andy beshear cruised to a relatively easy victory of five point plus margin. this is a guy who eked out a narrow victory in 2019, and this is a state that donald trump won, let's remember, but more than 25 points. and daniel cameron and disappointed was the start of the republican party, handpicked by mitch mcconnell, not like a ridiculous guy that parachuted in. he was not a mehmet oz, not a kari lake, a good candidate, still got his butt kicked. in ohio, voters approved ballot measures to legalize recognition marana by a double digit margin, and to enshrine a right to abortion in the ohio state constitution by more than 13 points. this was the first time in all of the state ballot initiatives that we have seen, that a state had an abortion ban that they are formidably reversed with the constitutional amendment, shutting the rights into law. in pennsylvania, this was a sort of under the radar race but an important one, there, democrat dan mccaffrey won a seat on the state supreme court. just two years ago, in 2021, on the same election night, his party lost a seat on the same bench, but this was a statewide election, he cruised to victory. in virginia, democrats dashed governor glenn youngkin's hopes of -- in the state legislator. that would have paved the way for a ban on abortion, that was his promise. not only did democrats hold the majority in the state senate, and the one or two houses that they held, they actually foot 8000 delegates and now control both houses of the virginia legislator. the further you go down the ballot, the quicker this pattern becomes. obviously, it's a big country, there is a recent democrat loss. again, the general pattern, at the scoreboard level, considered heavy losses, in iowa, all but one of the candidates endorsed by a right-wing group of bombs for the party lost. this is an iowa. as did lakes supreme court justice antonin scalise, daughter of the supreme court justice. it was about as good as democrats hopedfor, and it came despite a large majority of americans consistently telling pollsters, over and overgain, that they are discontent with the president and his party. in one recentpoll, 76%, that's a big majority, said they think that the country is headed in the wrong direction. usually, that's a big warning sign for the incumbent presidents party. so once again, republicans are left empty-handed, as they try to figure out what went wrong. former republican senator, one time presidential proposed one theory. >> very sexy things like abortion and marijuana on the ball, and a lot of young people come out to vote. it was a secret sauce for disaster in ohio. i don't know what they were thinking, but that is why, thank goodness that most of the states in this country, did not allow you to put everything on the ballot, because pure democracy is not a way to run a country. >> sexy? abortion is sexy. it's an interesting thing to say, when you're forced to plead out and a parking lot, unable to get medical care, teenagers having to cross state lines to get reproductive care. i mean, of course, republicans are the one who spent literally 50 years working day and day out to overturn roe, so as to put abortion up to a vote, to return to the people. now, well, they don't like the outcome. not only that, they generally don't like it when people vote in fair democratic elections and they lose. nobody likes that, but the problem is, more and more, when they lose, the more they do lose, the more they can refuse to accept that their candidates and policies are unpopular. it's a self reinforcing cycle, instead, they angrily fill about for any other excuse, claiming democracy is a problem or the election is rigged, or in donaldson's case in 2020, i did not actually lose. donald trump last night planed the lasting kentucky for attorney general daniel cameron, who endorsed for governor, on senate republican leader mitch mcconnell. when he endorsed him, he said, people see the mcconnell guy, he's a trump guy, and then when he lost, he's mcconnell. can't make that up. conservative radio host mark levin attributed the antiabortion losses to -- a losing republican candidate for city council posted this rant, calling his city, quote, irredeemable, which i think is not great approach, if you're going to try to run. their confusion and disappointment is sort of somewhat understandable. again, like i said, these elections came in the week of a poll showing donald trump beating joe biden in eight of six key voting swing states. -- now, we got the election night done, and a presidential election next year. the big question is whether the incumbent presidential candidate is so uniquely unpopular, that he is sore at the touch from the underlying fundamentals that we keep seeing in election after election, or if the polling, still a year out, is missing something. senator sherrod brown is a representative from ohio, a state where voters protected abortion a d-backs. he will be running for reelection as a senator, and he joins me now. >> look, i can't get over rick centaur saying voters think we should allow voters to decide these things. he was beaten by bob casey 17 years ago, overwhelmingly so, go ahead, sorry to interrupt the beginning of the show. >> it's interesting. i think there is a separate question to have about what are the best conditions for a referendum. what seems clear to me is there is a pro-choice, pro abortion rights majority in ohio, and maybe and 40 to 50 states, were you reaction to seeing the numbers come in last night, and the state that you represent? >> i was surprised at the number, but we thought we were going to win. i don't think that we thought we'd win by 13 points. i worked a lot on this issue. here is what -- rick centaur sort of represented this. you had a secretary of state who actually changed the ballot language after the 700,000 people had submitted the petitions, with the petitioners about language. you had a vote back in august, as you know, chris, that tried to change the rules, to 60% instead of 50. you had, again, santorum demonstrating this new change of rules for young voters. if you go to sinclair's community college or cleveland state, a rights they are central state, and you have a state university issued i.d. card, that does not get you the vote. you've got to go to the driver's license bureau. all of those things that try to suppress the vote, and voters still overwhelmingly sought through it. by 13 points. i think that tells you everything. fundamentally, voters in ohio say, i want women and are doctors making this decision. i don't want a punch as the oust politicians who are now sort of challenging the results, talking about, do we try it again? knowing though that their candidates from top to bottom, especially through the senate candidates that are running in the primary, alter them one nationwide abortion bans. this is not going away. do continue to try to get different ways. the voters have overwhelmingly spoken in my state. it's not going to work, but they are going to keep challenging with their extremism. >> just a backup, this is the ohio state public statement. it complains about the language, especially one of the things says is that we will do everything in our power to prevent our laws from being removed, based upon the perception of the elected to protect the most affordable in the state, and will continue that work. they are not giving up. don't come out ahead again. here's another republican from her state, the junior senator from her s jimmy vance, who served alongside. he says this. we get into thedethat federal congress has no role into the matter. the pro-life movement is basically talking texas, i think, for the next couple of years. what is your position on a push for a federal abortion ban, and do you anticipate that this will be a key issue in the french edition and whoever you face next year? >> i think that is right. all three of my opponents, all three of the republican candidates will be chosen, and one will be chosen in march, all three of them are for federal ban. this issue is not going away, but fundamentally, it's this. i hear the governor of virginia talk about, we've got to compromise, whatever that means, 15 weeks, still restricting women's rights. i hear republicans all over ohio that are angry that this happened, because voters actually chose it by a lot, saying that we gotta change our message. it's not their messaging, it's that they took the rights for women, and women and the state took it back. fundamentally, voters in ohio, particularly women voters, don't trust republicans on this issue. that's why i am not going to run a campaign all about abortion, of course, but we will make the contrast between our values, which happened to reflect the states values, and the extremism and the chaos that is this decades republican party. that is a clear choice. as you know, chris, we talked about this before, voters don't see left to right, they don't see if you're a liberal, you move a little to the right. if you're conservative, you move to the left, the move to the middle, no, they see who is on her side. and voters clearly know that democrats are on their side when it comes to many things, but when it comes especially to women's reproductive rights. >> final question for you, which segues this, the economy. you've got a situation in which, president joe biden unprecedented support for the uaw strike. he went to the picket line, the strike was successful. they did indeed deliver record contracts. you are on the line, as was j.d. vance, among others. can you go to the voters in your state and say, i am proud of the economy for working people to our, that we are delivering for you? >> well, i go to the voters, and again, talk about who is on their side. that means -- i am elected, i think in ohio because i take on the drug companies that bring down prescription drug prices. i took on wall street, who is always outsourcing these jobs and going overseas with bad trade agreements. i take on the oil companies, take on the railroads, we all know happened in east palestine, because norfolk laid off its workforce, it did not detract inspections that they should have, and surprise, the compromise public safety. so we keep holding their feet to the fire. i take the one to the banking committee asked her. we fight for veterans, where groups, we've been hearing this week, about groups, some unseemly characters preying on veterans, and vanish but -- veterans benefits, and blocking them from getting the help that they should get. it's not only who's on your side, it's taken these interest groups on, again, whether it's on women's rights, whether it's on veterans, whether it's concealer tory protections, whether it's bank malfeasance. >> senator sherrod brown of ohio, like i said, will be running for reelection next year, thank you very much. >> thanks, chris, always. >> coming up, democrats had a good day yesterday, but victory in 2024 is hardly a lock for us. former attorney general eric holder joins me right here on the pacific risk, substitute risk for america and american democracy, another trump presidency poses for the country. that is next. is next moderate to severe eczema still disrupts my skin. despite treatment it disrupts my skin with itch. it disrupts my skin with rash. but now, i can disrupt eczema with rinvoq. rinvoq is not a steroid, topical, or injection. it's one pill, once a day. many taking rinvoq saw clear or almost-clear skin while some saw up to 100% clear skin. and, they felt dramatic and fast itch relief some as early as 2 days. that's rinvoq relief. rinvoq can lower your ability to fight infections, including tb. serious infections and blood clots, some fatal, cancers including lymphoma and skin cancer, death, heart attack, stroke, and tears in the stomach or intestines occurred. people 50 and older with at least one heart disease risk factor have higher risks. don't take if allergic to rinvoq, as serious reactions can occur. tell your doctor if you are or may become pregnant. disrupt the itch and rash of eczema. talk to your doctor about rinvoq. learn how abbvie can help you save. it ain't my dad's razor, dad. ay watch it! it's from gillettelabs. this green bar releases trapped hairs from my face... gamechanga! ...while the flexdisc contours to it. so the five blades can get virtually every hair in one stroke. for the ultimate gillette shaving experience. the best a man can get is gillettelabs. i work hard, and i want my money to work hard too. so, i use my freedom unlimited card. earning on my favorite soup. aaaaaah. got it. earning on that éclair. don't touch it, don't touch it yet. let me get the big one. nope. -this one? 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>> absolutely right, the justice department has an enormous amount of power. obviously, they can put people in jail, separate people from their property, but there is a deregulatory function of justice the department has about our democracy. all of these cases that you see being brought against these january six perpetrators are being handled by our justice system, and the preeminent part of our justice system is the united states department of justice. that's why it's so alarming to hear about the things that they are going to try to do. if he is elected, he will do those things. he will pick an attorney general who will do his bidding, and then importantly, these are in spots that are not as widely known, somebody ahead of the criminal division, the head of the civil division, a whole range of other parts of the department, staff them with his loyalists and have him do these bidding. >> this is important here. i want to read you this, because i think this is like, i could take at the doj as the check off gun in american democracy, because it's not in the constitutional structure, yet it could be enormously damaging, if misused. trump and allies facilitate's ability to direct justice departnt actions, associates were drafting plans -- fears and pocies and tended to shield particle inspiration. a world in which there is a vacant, we got a vacancy appo