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Through the election season. what i noticed, in fact, many of our elected officials are running for re-election. they, too, were dragged down by the distraction of having to constantly defend the nominee at the top of the ticket. i didn't want to be that distraction on what we need to do, especially given the fact that i was sitting here in georgia. >> let's go back though to -- let's go back in history, to the federalist papers. let's go back to alexander hamilton writing about the electoral college. he wrote about the goal of the electoral college. to ensure that, quote, the office of the pr...

But nevertheless empowered with this sacred trust. joining me now a man who feels differently, the lawyer who launched something called the electors trust and has been working with suprun and other electors deciding if they can and should vote against the popular vote. lawrence lessig. professor, tell me how i'm wrong? why should we be entrusting these 538 who we really know nothing about to change the will of the electorate? >> well, michael, i didn't hear you argue whether we should or shouldn't, i heard you describe article -- the 12th amendment to the constitution. i thought you did a very...

Should be waterboarded on the way to the rest of that stuff. by law, you are protected by the first amendment to do these things. there is stuffhey look at with the first amendment that gives me pause sometimes. the first amendment protects rosie o'donnell's right to send out a shameful and awful tweet that included the president-elect's 10-year-old son the other day. unfortunately you can do that. that's what the world of social media has become all the way to the white house now. >> i want to put it up for context. this issue comes up with flag burning and the last time was about ten years a...

They fly that flag again. >> for more now, i want to bring in msnbc contributor and it's a small liberal arts college. it uh puts the liberal in liberal arts. flag burning is one of the issues every tens or so. donald trump decided to bring it up. >> it is a free speech issue. my dad say world war ii hero and 92 years old. if he saw someone burping a flag, he would hit them on the head with his cane. in a way it is a hideous and disrespectful action, but the problem with the first amendment, where there is crap on it and unfortunately, it is protected. this tweet was unusual from the president...

Democratic leader for 14 years. we will see if they extend or go in a new direction. thanks for joining us. >> thank you. >> coming up, our most important number of the day. here's a hint. the 12th amendment. stay tuned. we will tell you about it. ♪ ♪ ♪