weapon designed to kill everyone on earth. so, you know, how is that for a tease? episode 2 is out today and wherever you get your podcast, i hope you listen. that will do it for us tonight and now time for the last word. i do have episode two meant to look forward to because, like you, i spent today engrossed in anthony fauci's book and i will do an event with him thursday night, which i am sure, by the time you are halfway through your first comment tonight it was sold out for thursday night. rachel, the book is so rich, as you know and that was a tip of the iceberg discussion. i could do an hour with him just about what he went through at the beginning of the mystery of the hiv-aids investigation and those chapters where they don't know what they are dealing with and it brings us all back to that time and all the work he did long before he ended up, once again, saving so many lives during the covid-19 pandemic. >> even what he tells you about the zika virus, that is some mind blowing stuff in terms of the way it was handled or mishandled in the way the people in government dealt with that and that will absolutely curl your hair. even the details with the start of covid and the phone call he got on new year's day of 2020 from the reporter asking him about something going on in central china. and the image of the hospital that was popping up in places where there weren't even supposedly 800 infections and what that meant and of course the interactions with trump and the cameos from people like stephen minh nguyen who wandered through the covid response understanding what was going on and screwing it up. it is living history because he is going through it and the way they are targeting him but it will be a definitive record of american public health in the 21st century. >> we will do more than an hour and a half i think on this but i will begin where it all began, as you know in bensonhurst in brooklyn. his story growing up and just his elementary school through high school, is a book in itself. >> you health to tell the story about the doctor and i won't step on your intro for that but when he is born, literally, the night he was born, and what the doctor who delivers him is wearing when he brings baby anthony fauci into the world and you can't make this up. >> the book is just a great book and it's incredible and even if it had no controversy and it it is a wonderful wonderful book and just an astonishing life and at any point you could stop that book and say, okay, that is an amazing life. and he is 40 at that point. we could go on and on, rachel. i have to say that was an invaluable our that you just delivered to us. >> i am looking forward to that. joe biden, the president who some seem to think is too old to be president, flew across the atlantic ocean four times in a week and first of france to attend the ceremonies commemorating the day and then back to washington and then back across the atlantic to italy for the all-important g7 meeting. and then the longest leg of his flight schedule was from europe back across the atlantic and this time all the way across the country to los angeles. where on saturday night, when i would have been prohibitively jetlagged to even speak, president biden and an appearance with his most important friend in politics, president barack obama, laid out the stakes in these -- this presidential election. >> this president what he did on january 6, to hear what he is saying now and if he said he doesn't win will be a bloodbath and it's outrageous what he is talking about. >> if donald trump does win the electoral college, he has promised pardons and immediate releases from prison to all the people who violently attacked the u.s. capital who tried to overturn the election and the greatest single crime ever committed against democracy in american history now has the full and open public support of one of our presidential candidates, who just happens to also be a criminal defendant accused of being the lead conspirator in that crime against american democracy leading up to and on january 6. on saturday night, president biden heighten the stakes in the election by pointing out something that we all should have seen as obvious before president biden said it. and he said if donald trump wins the electoral college again, he will be in a position to immediately appoint at least two extreme republican members of the supreme court who will need to extend the life of the trump court for another 40 years. >> these threats to birth control and ivf are not in our liberal imaginations anymore. they are really real and these decisions, these very personal intimate decisions are now being made by nine unelected judges, one of who flies his flag upside down and one of the others drives around in a $267,000 gift on vacations. i do think we are wondering what can we do about this. >> elect me again. i tell you why. and i am not just saying that. the next president is likely to have two new supreme court nominees, two more. he has already appointed two that have been very negative in terms of the rights of the individuals and the idea that is he reelected, he will appoint two more with flying flags upside down is really -- really mean this. >> could this be the scariest part of all of it? >> i think it is one of the scariest parts. the supreme court has never been as out of kilter as it is today. never. i talked constitutional law for nine years and this guy knows more about it than most. the fact of the matter is, this is never been a court that has been this far out of step. by the way, when we said, after the decision that overruled roe v. wade, the dobbs decision, you had clarence thomas talking about the fact that there will be other things we should reconsider including in vitro fertilization and including contraception and including all these things. and by the way,rights. by the way, not on my watch. not on my watch. >> here is the outline of the two judge deal he was talking about. clarence thomas is 75 and he doesn't look especially healthy. he doesn't look like he likes his job. he has already been identified as the most corrupt supreme court justice in history given none has actually been accused of a crime but clarence thomas violates ethical standards and financial disclosure rules that an unprecedented level that makes them the supreme court justice who has financially exploited his position at the supreme court justice more than any other justice in history. nobody else is close. how much money would it take to get the 75-year-old clarence thomas to resign from the supreme court so donald trump could replace him with judge eileen mercedes cannon who could serve 40 years on the supreme court after she dismisses the charges against donald trump in the criminal case that jack smith has brought against donald trump for violations of the espionage act which judge cannon would absolutely do as soon as possible if donald trump won the electoral college and he wouldn't even have to ask her to do that. clarence thomas won't just get a brand-new motorhome for resigning from supreme court. they will give him a private jet and they will give him whatever it takes. clarence thomas will live the life of an ultra rich man for the rest of his life, the life he has always wanted to live, the rich man's life. and then there is 74-year-old samuel alito, who would be similarly convinced with similar financial inducements to leave the supreme court so he too could be replaced by a 40-year-old republican right wing extremist, who would extend the trump courts rule another 40 years. yes, your boat means possibly 40 more years control of the supreme court. samuel alito's wife would then be free after her husband left the court to yell anything she wants that her neighbors, but she might then be rich enough to live in a gated community that would block her off from many exposure to anyone other than extremist trump republicans who share her views of flags including her publicly expressed utter hatred of pride flags and that is a very easy to judge deal for donald trump and rich republicans to execute. at the event on saturday, president obama said this. >> the power of the supreme court is determined by appointments. it is determined by elections. and, so, what we see now is a byproduct of, in 2016, there were a whole bunch of folks who, for whatever reason, sat out. they said, well, we are not enthusiastic enough. we are not feeling inspired enough. why bother? hopefully, we have learned her lesson. because these elections matter in very concrete ways. we are now seeing how much it matters when it comes to the supreme court. >> not inspired enough. one of the conditions that the biden/harris campaign knows they are facing is some degree of what president obama was just talking about and some degree of voter apathy which exists because joe biden has brought sanity back to the presidency. some voters don't appear we remember how bad it was under the trump presidency. and because of the normalcy of the biden presidency, some of the voters have not had much reason to pay much attention to the actual accomplishments of the biden presidency. when president obama gets out on the campaign trail, this is what those voters will be hearing from him. >> i have talked about this before. i have talked about this before. at its best, the presidency is a relay race, right? you take the baton. you run the race and we get the affordable care act started. but we did know at the time that even though 20 million people were getting health insurance from it that didn't have it before, there were some people who are having trouble affording it because we couldn't fund all the subsidies the people needed. joe comes in and boosts the subsidies which means millions more people are able to access healthcare and they could have some security and on climate change we fund clean energy at record levels when we first came into office, joe and i together. we moved forward in terms of making sure that fuel efficiency standards on cars have changed. we got the paris accord done. that isn't enough to deal with the size and scope of the challenges we face. joe comes in and makes historic investments in clean energy. so i do take great pride in what the biden administration has accomplished. and it is a reminder that we don't have to just vote against something in this election. we have somebody to worry about, and there is a whole agenda we should be concerned about. but we can take pride in affirming the extraordinary work joe has done. we want to make sure we build on that and pass it on to the next president rather than have a president who wants to reverse the progress that has been made. >> leading off our discussion tonight is andrew wiseman, the former fbi general counsel and chief of the criminal division of the eastern division of new york in a legal analyst and author of the new york times best-selling book the trump indictments. thank you very much for joining us tonight, andrew. this is a discussion about the stakes in the presidential election and this is what matters. most coverage of elections, unfortunately, focuses on other things, optics and poles and things like that. this is what we actually know and what the two candidates want to do and what their records show they will do. when joe biden on saturday night started talking about the two justices, i had thought already that it was highly likely that you get clarence thomas's resignation in a new trump term for obvious reasons that i just outlined including there is no limit to how many motorhomes he can get if he hands over his supreme court seat to donald trump. but then there is the justice alito seat and somebody else in his mid-70s. it is somebody else we now know once a trump judge to replace them whenever that day comes. john roberts is 69. if judges are looking for the moment where they can get a reliable extremely conservative to write wing judge appointed, the trump years would be that time and those kinds of appointments could extend the trump court and it could control another 40 years. >> yes. that leaves aside anything that happens just because of bad luck. >> let's assume nothing else and let's assume only that and that is a tremendous amount of bad outcomes. >> right. exactly. justice so to mayor i wish her the longest life as possible but she is the same age as justice roberts. there is no question that if you have lived in the last four years, you know the supreme court is on the ballot and you have seen the right that women have a go away and they have 450 years and you have justice thomas talking about as you noted that that is the beginning and not the end and under a new trump administration, it is really no holds barred. the other thing i would point to is not to think about what could happen, but to really focus on what is happening right now. you and i talked about this a few days ago which is that six months ago the court was asked to take up the issue that is the president immune to criminal prosecution and it's a question that nobody even thought you would dare ask and the results of that is to give this former president immunity and that is something this conservative trump supreme court has enacted and basically saying there will be no accountability for his conduct in january 6 and they have completely whitewashed that in terms of having criminal accountability. in new york we have seen what happens when you have criminal accountability. trump loses. there is a reason he doesn't want to have a trial and the supreme court is by it's an action aiding and abetting exactly that. >> andrew, what is it mean in your experience, what are the stakes at the justice department itself in this presidential election? >> i have had my disagreements with merrick garland in terms of things he has done or hasn't done. the one thing that you know about merrick garland is he is the complete antithesis of william barr in terms of understanding the rule of law and the independence of the department of justice from the white house. people need to understand that is the norm. it isn't set in stone and bought and that independent of the department of justice is what separates us from and autocracy. here judge sessions, the reason he was canned is because even though he may disagree with everything he stands for politically, he understood that it was an appropriate to take orders from the white house and you could just not prosecute republicans and prosecute democrats for committing crimes and that isn't what the justice department is about and that is what you are hearing from donald trump, steve bannon, steve miller and a whole series of politicians which is fundamentally antithetical to what it means to be in this country and we would be a completely different country under a trump 2.0 administration because of what would happen to the doj and the courts. >> thank you for joining us on this discussion tonight. >> you are welcome. coming up, another stakes of the election, the united states is no abortions. the texas abortion ban claims to have an exception for the life of the mother, but our next guests life was in danger. texas refused to save her life or the life of the healthy twin she was carrying at the time. you will hear what lauren miller told a senate hearing about that when she joins us. that is next. next. and the preventive treatment of episodic migraine in adults. it's the only migraine medication that helps treat & prevent, all in one. don't take if allergic to nurtec odt. allergic reactions can occur, even days after using. most common side effects were nausea, indigestion, and stomach pain. people depend on me. without a migraine, i can be there for them. talk to your doctor about nurtec odt today. sometimes your work shirt needs to be for more than just work. like when it needs to be a big, soft 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(inner monologue) my kids don't know what they want. you know who knows what she wants? me! i want a massage, in amalfi, from someone named giancarlo. and i didn't live in that shoebox for years. not just— with empower, we get all of our financial questions answered. so you don't have to worry. i guess i'll get the caviar... just kidding. join 18 million americans and take control of your financial future with a real time dashboard and real live conversations. empower. what's next. san francisco's been through tough times. london breed led us through the pandemic, declaring an emergency before anyone else, saving thousands of lives. from growing up in the western addition housing projects to becoming mayor, london has never given up on the city that raised her. london is getting people off the streets and into care. london never gave up on me. i found a home, and my life is on the right track. london made it super easy for me to open my small business, by cutting city fees. and she's reinventing downtown to make our city vibrant again. she's building 82,000 new homes and helping first time homebuyers, just like us. and london's hiring hundreds of police officers, and arresting drug dealers. san francisco has been through difficult times, but our hard work is paying off. working together, we're building a better future for the city we all love. ad paid for by re-elect mayor london breed 2024. financial disclosures are available at sfethics.org. texas state law prohibits all abortions. the law claims to have an exception for a pregnancy that places a female at risk of death. >> exceptions to abortion bans are a fiction and don't exist in texas. i am living proof of that. >> that is our next guest, lauren miller testifying to the senate judiciary committee. one of the amiable traditions of senate hearings that has disappeared apparently in the trump republican party was the treatment that hearing witnesses get from their home state senators. it didn't matter whether the senator agreed with the testimony of the person from their state. it was very common for a senator from texas to graciously introduce witnesses from their state and be extra attentive to their testimony and take pictures with the witness from their state and the witnesses family. but when lauren miller testified to the senate judiciary committee, that didn't happen. senator cruz didn't even show up for the hearing. the texas congressman now running for senate against senator cruz met with her before the hearing and you will now get to hear what senator cruz refused to even get close to and that hearing. you will