0 >> tonight on all in, a disgraced ex president makes his move to stop the january six committee. what we know about donald trump's last ditch appeal of the supreme court. then, colin powell said comes to coronavirus complications at age 84. and the vaccine misinformation machine kicks into gear. >> here we have a very high example. that is going to require more truth, more truth from our government. >> plus, how groups catalyze obama era teen pretty protests. or doing the same with scoreboard protests. and why so called natural immunity still is an excuse to not get vaccinated. >> why would i get vaccinated? >> when you know i have better immunity than someone who has been vaccinated. >> when all in starts right now. good evening from new york, i'm chris hayes, for months now the january 6th select committee has been trying to get all sorts of information and documents from the national archivist that keeps the documents in the trump white house, about the trump white house communications leading up to the insurrection. now, surprisingly donald trump has been claiming executive privilege all along. even though he is no longer the executive. and even though the current president, joe biden, has formally declined to invoke executive privilege to protect trump's from congressional investigators. it is a problem for donald trump because he apparently really does not want anybody to get those records. so just a few hours ago, the ex president sued to block the national archives from handing over any documents that the january six committee is seeking. the lawsuit was filed by a virginia lawyer named, jesse, who is representing trump in force of a lawsuit, filed from the january 6th riot. he joined texas or sydney powell in representing michael flynn, the former national security advisor, and conspiracy theories. and he represented trump in an unsuccessful lawsuit seeking to overturn biden's victory in nevada. now this new lawsuit, now he's filed on behalf of donald trump, cleaned up, and i quote, the committee subpoenaed is invalid because the committee has no power investigation. and it's as the material should be protected by executive privilege. both of which seem, very hard arguments to make. but it's never been a problem for donald trump. failing lawsuits to drag out the dispute, so that you can win by decision has been his bread and butter for more than four decades. and the lawsuits could come to a halt of course, he was actually in new york giving us went up a decision on video, ppe can see is being sued over 2015 incident during a protest outside of trump tower. when trump was running for president. has been director of security, heat, it was accused of punching a protester in the head. when the protesters try to get his sign back. this video is being used as evidence in the lawsuit, the video is fairly clear. here's another look at that incident. that have been, the thing that you see there happening on video, which looks like certainly a fist connecting with someone's face in broad daylight. in front of everyone, that happened more than six years ago. and kind of a perfect example of the idea that just as the latest, justice tonight, because here we are six years later and trumpet a single your deposition, now? now he might finally face some consequences for what is party crowded that day. the question is, will be facing before the insurrection that he also whipped up live on television. congresswoman the law for prisons california's 19th congressional district, she is a former impeachment manager, now sits on the selected committee to investigate the january 6th insurrection, which tonight is being sued by the former president of the united states. congresswoman, welcome. congresswoman let me first start and ask, was this anticipated by the committee that this kind of intervention would happen? >> well it's not a complete surprise, although, it's really outside of with the statue anticipate. it had been mentioned that the president of the united states is not donald trump. it is joe biden, and joe biden has already made a determination that this material should be turned over. that if there is a claim of executive privilege, it falls before the need of the congress to get the information. that is definitive, there is a whole case on, above mcdermott and tried to make it at your own piece that former president trump is now on and loss. i think this case is weak, one but as you mentioned, the former president and more is to file a lawsuit and to try to drag things out, and to keep things hidden into escape accountability. >> >> the obvious attempt to try and sort of delay here, because i think there's kind of a statutory deadline in the minor deadlines contacted the ex president, said we are going to turn these, over giving him notice. he then sued, he's going to try to imagine just pull this down. whatever the, we're gonna talk about bannon in the second, but what is the strategy to make sure that we are not dealing with these turnovers 6:04 years from. now his deposition about a 2015 incident. >> well we will pursue this vigorously. but i think that the cases a week. one and we will make our case that really this lawsuit is towards the end of frivolous. and should not be allowed to counter what the president of the united states is already decided. which is that this material should be turned over. and that is what the law provides. you know, i remember when there was richard nixon who had tried to keep the tapes from the public. that case rocketed up to the supreme court and was decided very promptly, there was no need to allow this to go on forever. especially since the legal basis for this is all very weak. >> yes there's a little question for the judges that they feel some sense of piecing imperative here. or as a later language, that's probably gonna be on later, and up to the supreme court the members who were appointed by donald. trump their argument here is that your point about frivolous is that the legislative committee fails to meet the basic requirements, that to request documents in campaign polling data, what does congress hope to learn from all of this? this all the seem more political argumentation than legal. >> that is right. i just had a chance to read the complaint and i was not overwhelmed by it crafting. let's put it that way. we'll see what a court would say, but as i say, the law does not appear to be on the former president side, the judgment is already been made by the real president. and the committee needs to be this information a lot more to reach conclusion about what happened. and then what we need to do to reckon men legislatively, so that this can never happen again. >> so steve bannon is another individual who essentially is throwing his nose at the committee jurisdiction. we also have the ap, who obtained a letter to ben's, lawyer similarly i think is going with them -- there's no insertion here, it was said that at this point we are not aware of any thesis for your client's refusal who appeared for deposition. president biden's determination that in a certain's privileges not justify with the respect of the subject supplies your claims deposition testimony to any documents your clients may possess concerning either subject. that is deputy counsel ready to defend his lawyer. my understanding is that your committee has issued a report recommending contempt to vote on contempt for steve bannon, is that correct? >> that is correct. we'll be having a vote tomorrow evening in washington to consider a two big department justice of criminal content for mr. bennett. his actions here particularly outrageous, if he had some claims, i can imagine what it is, he's obligated to come in to the committee and make that claim. instead, he just blew us off. that is really not the procedure. there is a lot of things that have been reported that he did plotting with people, to really overthrow the constitution. we need to find out about that. obviously not covered with executive privilege. >> yes indeed it did work for the white house, and congresswoman zoe lofgren, thank you so much for your time tonight. >> thank you so much. >> canadian covers the -- where she is looking about the -- katie benner, it is a former u.s. attorney and comment for los angeles time where he has called the committee the last hope against gop lies. katie benner, not entirely unanticipated but what is it matej kindly anticipated in terms of what happens down this term of this document production? >> sure, we'll wait to see what the court says as congressman pointed out. there is some potential weakness in this object. including the fact that it relies on the maze arts case. which was really all about trump being president at the time. he is now no longer president and we have the same president taught the rest of release of these records. so it's not only to be there for. it was quickly to make a determination so that we can move forward. the national archives is not only producing this set of record for the january 6th select committee, it was also proving us descent to the judiciary committee, which donald trump does talk to. so you could imagine the production and putting them together, and packaging, and making a basin. >> that is a really important point. the people that i trust on this, including my wife, and the house counsel's office and disordered peach from the atlantic privilege do not seem bowled over by the legal argumentation presented in the complaint. but it does seem like the point here is to lay. , and i guess to katie's point how do we expect this to be, treated and which court will be doing the treating? >> that is right, the only play here is a delay, professor shaw was quite right for the executive privilege, here he is extraordinarily wreak. but it's not about executive privilege. it's about trying to drag it out. and you can say of course, there's unfortunately not a really strong core between the weakness of acclaim, and how long it takes to go through the course. there is a problem that needs to be corrected by the legislation. but here you're talking district court, court of appeal for d.c., the entire court for a re-hearing. and then after the supreme court on the question, will there be a stay? that is really his player. and that's the main thing he request after fanciful claims that could never happen. so this first argument and requests first being obie pivotal. if it doesn't happen the committees suggest, i will go ahead with this, work the archivist will turn things over in november 12, unless there is a freeze theme music claimed by the ruling. you heard the district court order or the court of appeal once that happens everything changes. and things go into a sort of time warp that just doesn't accord with the speed that the committee needs in order to do its work, not just expeditiously but politically in time to have an impact by the 2022 election. >> right, and katie benner, as i'm understanding there's a falling no complaint. there is no nothing that has been ordered. there are not controlling law from the national archives standpoint, katie, is that they're gonna turn it over, right? until a judge tells them to hold their horses. >> yes. and another thing i say is that is correct, and another thing to keep in mind, is that what the committee is seeking to find out is what was happening around the election. because remember, january 6th wasn't attack on the capitol to stop and ride the election, so this is all about conversation, related to the election. the presidential power, one of the is privileged, and one of the things about executive privilege, is that it goes to the actual work of governing. these activities cannot be considered part of what you are doing in your role as the executive branch. so there is a question of whether or not the conversation for the committee is taking to understand actually have to do with donald trump's work is president, or if it's just anyone. so >> yes, and i just learned just recently just from diving in, but it's kind of funny to me how there is not a tunnel on this. a lot of this gets sorted out through a mechanism of a than traditional ruling. there is this obvious the big nixon, case the big news and stuff like that. but it's actually sort of new territory, legally. even if the claim is a bit weak. >> that is exactly right, executive privilege did not even exist until about 30 years ago. it really came, push really came to shove because it was always in negotiating compromise. it's trump's new contribution to the political, go away on skates to basically being completely enchanted. and forced the congress to try and mitigate in time to actually have it for completely that's the novelty that has been balling over the last few years. yeah that's an important point katie, just in terms of where we're at. this sort of inter brand struggle, is not completely new or novel at all. we have seen developments in the trump administration with a breath of their claims of executive printed village. the lack of any inter branch of negotiation or settlement, that's quite novel. and now you're in the same position except with a man in question, no longer holding the office of the presidency. >> absolutely. and you are also looking at a unique situation, where former president is saying that the election results were invalid. which is something that we have not seen before. and he's leaning into an architecture that harry just has alluded to, that over a series of decades to protect executive power. to protect the power president -- neither one other person in office to be torn up out by congress, so this architecture protection has been going down this road. and trump's been able to take advantage of that. i think people are frustrated by what's happening -- when they're frustrated with the pace of investigation, have to go back to the constitution and understand that ultimately though, the power to take someone out of office, to take them out, to put them in office, actually lies with voters. so as people become more and more frustrated with the pace of investigation, or they're frustrated that the investigations are happening, keep in mind, it really is all about elections, at the end of the day. >> all right katie benner -- harry -- thank you both, appreciate it. >> this morning colin powell, the first black secretary -- at the age of 84 after suffering complications from covid-19. and almost immediately the, news inspired a wave of nonsense. we'll talk about all of this next. we'll talk about all of this next