Bad Bunny breaks through: Evasive Mike Johson finds relevance in Super Bowl show

Summary

Podcast Summary: The Briefing with Jen Psaki
MSNBC | Episode: “Bad Bunny breaks through: Evasive Mike Johnson finds relevance in Super Bowl show”
Aired: October 9, 2025
Host: Jen Psaki

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Overview:

This episode dives into a tumultuous week in U.S. politics, with a government shutdown, former President Trump’s escalating rhetoric against opponents, the complexities of the James Comey legal saga, and Speaker Mike Johnson’s repeated avoidance of tough questions. There’s also some pop culture flavor with discussion of Bad Bunny’s controversial Super Bowl halftime show selection, and in-depth conversations with House Democratic Leader Hakeem Jeffries and legal expert Preet Bharara. The show focuses on themes of political accountability, Republican disarray, legal jeopardy, and Democratic strategies for defending health care.

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Key Segments, Insights & Highlights:

1. Trump’s Escalating Threats and the Comey Prosecution [00:59–03:51]

• Jen Psaki highlights Trump’s post on Truth Social demanding the prosecution of perceived enemies—Chicago’s mayor and Illinois’s governor—against the backdrop of a chaotic, shouting-match-filled Capitol amid a shutdown.
• Former FBI Director James Comey appears in court on thinly-evidenced, politically-motivated charges. Psaki links this prosecution directly to Trump’s public and private pressure.
• A Wall Street Journal report reveals Trump intended his message to indict Comey as a private order, strengthening Comey’s lawyers’ arguments of vindictive prosecution.

Quote:
“New reporting suggests the Post was less of a public demand and more of a, I guess you could call it a private order… this development… will almost certainly help James Comey's defense team argue that Trump's DOJ brought a vindictive and selective prosecution against him.”
—Jen Psaki [02:05]

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2. Leaders Respond to Trump’s Rhetoric [03:30–03:51]

• Illinois Governor J.B. Pritzker (voice by Hakeem Jeffries for dramatic effect) responds defiantly to Trump’s threats.

Quote:
“This is a convicted felon… Who is threatening to jail me? I gotta say, this guy's unhinged, he's insecure… If you come for my people, you come through me. So come and get me.”
—Gov. J.B. Pritzker (paraphrased by Hakeem Jeffries) [03:30]

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3. Speaker Mike Johnson’s Signature Evasion [04:13–08:24]

• Johnson dodges direct questions about Trump’s legal threats and other issues by declaring, “That's not my lane.”
• Psaki compiles a pattern of Johnson’s evasive responses; from criminal threats against Democratic governors to Air Force One gifts and redistricting, Johnson uses the “not my lane” refrain regardless of the relevance to his role.
• Johnson is quick to offer an opinion on the Super Bowl halftime show, despite claiming ignorance of Bad Bunny, revealing inconsistencies in his willingness to engage on topics.

Quotes:
“I'm not the Attorney General, I'm the Speaker of the House. And I'm trying to manage the chaos here…”
—Mike Johnson [04:18]

“That's not my lane. I'm not gonna give you legal analysis…”
—Mike Johnson [05:17]

“It sounds like [Bad Bunny’s] not someone who appeals to a broader audience... I think in my view, you would have Lee Greenwood or role models doing that. Not somebody like this.”
—Mike Johnson [08:36]

Psaki’s Tone:
Wry, incredulous, sarcastic in response to Johnson’s avoidance.

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4. Shutdown Standoff, Epstein Files Controversy & Congressional Chaos [10:48–14:20]

• Democrats accuse Johnson of refusing to seat Arizona Rep. Adelita Grijalva to block the release of Epstein files, tying it to Trump’s interests.
• A heated exchange between Johnson, Arizona senators, and Jeffries reveals the tensions and strategic maneuverings.
• Jeffries critiques the GOP’s dysfunction, pinning the shutdown and health care crisis on Republican deference to Trump.

Quote:
“Well, the streets are hot right now on Capitol Hill because the Republicans are just falling apart… they're unraveling right in front of the eyes of the American people in an unhinged fashion.”
—Hakeem Jeffries [13:35]

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5. Interview: Hakeem Jeffries One-on-One [13:19–25:53]

• Shutdown Leadership: Jeffries contends Johnson won’t negotiate independently without Trump’s approval.
• Health Care Crisis: Stresses that Republican refusal to extend Affordable Care Act tax credits hurts working Americans, especially in Trump-voting states, and will increase premiums nationwide.
• Bipartisanship & Accountability: Jeffries insists Democrats are open to negotiation, but not capitulation.
• On the Epstein files: Flatly rejects Johnson’s denials, tying Republican tactics to Trump’s desire to hide damaging info.
• On Trump’s threat to jail opponents: Jeffries states plainly that such rhetoric is unacceptable and assures decisive Democratic opposition if in power.
• On Middle East developments: Expresses cautious hope regarding a reported Israel-Hamas deal but points out a lack of detail and the need for sustained peace and humanitarian efforts.

Notable Quotes:
“All they do is, is they take orders from Donald Trump and rubber stamp his extreme agenda…”
—Hakeem Jeffries [14:46]

“They continue to hurt everyday Americans as part of their effort to simply reward their billionaire donors.”
—Hakeem Jeffries [21:16]

“This is not normal… The House Republican Conference is functioning like a wholly owned subsidiary of the Trump administration.”
—Hakeem Jeffries [23:02]

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6. The Comey Case: Legal Deep Dive with Preet Bharara [27:47–37:58]

• Psaki explains the legal spectacle of the Comey indictment—labeling it a “total clown show”—focusing on the Administration’s shaky legal standing and ill-equipped prosecutors.
• Bharara illuminates why motions to dismiss for “vindictive prosecution” rarely work, but may well succeed here given Trump’s record of personal, direct orders and public statements.
• The “private order” defense (Trump’s intended DM to Bondi) could be damning evidence of personal vendetta.
• Concerns raised about potentially destroyed evidence and the precedent for discovery motions in similar cases.
• Prediction: With mounting evidence and prosecution missteps, the case may not even reach trial.

Quotes:
“These [vindictive prosecution] motions… almost never succeed… But they're available in extreme circumstances… a lot of people would say that if there were ever a circumstance in which they might work, it might be this one.”
—Preet Bharara [32:38]

“If [Trump’s DM] was meant to be a direct message… I will bet you everything that I have that that wasn’t the only one… If they have been destroyed, that is a terrible look… also gives rise to an adverse inference about what's in those communications.”
—Preet Bharara [34:39]

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7. “Arctic Frost” & GOP Performance Politics [37:58–44:32]

• Psaki dissects the Republican uproar over the so-called “Arctic Frost” scandal, a supposed Biden-DOJ plot that, in reality, was a routine investigation into call logs around Jan. 6, authorized by a grand jury.
• Republicans falsely conflate call logs with phone taps and invent elaborate conspiracy theories for political messaging.
• Psaki debunks the scandal, showing public documentation and pointing out GOP attempts to victimize themselves for political gain, while ignoring real accountability for Jan. 6 planning.

Quotes:
“If Jack Smith and the FBI were trying to hide the existence of these call logs, why would he reference them in his final report?... That's pretty relevant information about Trump and his allies’ attempts to overturn an election.”
—Jen Psaki [41:58]

“Republicans are once again floating a narrative to paint themselves as victims. And already they are using that narrative to continue to purge those they deem disloyal at the Justice Department.”
—Jen Psaki [44:15]

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Notable Quotes with Timestamps:

• “If you come for my people, you come through me. So come and get me.”
  —Gov. J.B. Pritzker (via Hakeem Jeffries) [03:43]

• “I'm not the Attorney General. I'm the Speaker of the House. And I'm trying to manage the chaos here... I'm not following the day to day on that.”
  —Speaker Mike Johnson [04:18]

• “Not my lane... I'm only second in line to the presidency and the most powerful person in one branch of government, but, nope, not in my lane.”
  —Jen Psaki [05:25]

• “She knows you know, that she is.”
  —Hakeem Jeffries to Mike Johnson, on Grijalva and the Epstein files [12:09]

• “They're unraveling right in front of the eyes of the American people in an unhinged fashion. Donald Trump's unraveling… and then Mike Lawler is just embarrassing himself, behaving like a malignant clown.”
  —Hakeem Jeffries [13:35]

• “All they do is, is they take orders from Donald Trump and rubber stamp his extreme agenda.”
  —Hakeem Jeffries [14:46]

• “So, yes, the days surrounding the attack on the Capitol… So yeah, Republicans are once again floating a narrative to paint themselves as victims.”
  —Jen Psaki [40:07–44:15]

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Structure and Flow

• Opening: Psaki sets the chaotic scene—government shutdown, political threats, legal showdowns.
• First half: Focus on Republican disarray, Trump’s aggression, and Johnson’s relevance/evasion in political and pop culture moments.
• Middle: Deep dive into the implications of Johnson’s evasiveness and the showdown over Congressional process (Epstein files, seating Members).
• Interview with Jeffries: Offers insight into Democratic strategy, GOP chaos, healthcare battles, and the mechanics of government shutdown politics.
• Second half: Explores the James Comey prosecution, with expert legal commentary from Preet Bharara highlighting prosecutorial overreach and likely collapse.
• Final segment: Exposes Republican media theatrics and misinformation surrounding the FBI’s “Arctic Frost” operation, reinforcing the episode’s themes of distortion, distraction, and the battle for narrative control.

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Listener Takeaway

This episode offers a fast-paced, comprehensive tour through the week’s political dramas—with sharp wit, inside analysis, and direct quotes from Congressional leaders. It exposes evasions, highlights legal jeopardy, and unpacks misinformation, giving listeners the context and arguments that define the battle for control in Washington, all in Psaki’s signature incisive, often irreverent, style.

Transcript

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[Host/Jen Psaki]

Speak with House Democratic Leader Hakeem Jeffries. He's going to be with me at the table in just a minute and I have approximately, as I'm sure you do too, a million questions for him about the shutdown, of course, but also about Donald Trump's post on Truth Social that Israel and Hamas have agreed to the first phase of a deal. But it was, as I was just talking about with Chris, an incredibly spicy day on Capitol Hill today where literal shouting matches between lawmakers broke out in the halls of Congress while the government remains shut down and the President and the speaker of the House, while that is all going on, don't appear to be any more engaged in bringing it all to an end. That's a lot of what I'm gonna talk with Leader Jeffries about in just a second. But before we get there, I just wanna start with Donald Trump's increasingly frantic efforts to have his political enemies locked up. Because there was a lot of evidence on that today as well. I mean, today former FBI Director James Comey appeared in court for the first time since he was charged in a two page indictment to that was notably scant on evidence and vague on the details. Now, of course, you may remember that indictment came down just five days after Trump publicly demanded that Pam Bondi bring charges against Comey and his other political targets. Well, tonight, new reporting suggests the Post was less of a public demand and more of a, I guess you could call it a private order. Officials familiar with the matter tell the Wall Street Journal this story just came out that Trump believed he had sent Bondi the message directly and was surprised to learn it was public. Now, I don't know that this is that stunning. I mean, we kind of all knew this was meant to be a dm, but it's one. This development, this revelation, is one that will almost certainly help James Comey's defense team argue that Trump's DOJ brought a vindictive and selective prosecution against him. That's one of the things that his defense lawyers are talking about, and I'm going to talk with Preet Bharar about that a little bit later in the show. But just as that hearing was getting underway this morning, Trump was already announcing a new list of enemies he wants to throw in jail. This morning he posted on his social media site, chicago mayor should be in jail for failing to protect ICE officers. Governor Pritzker also. Now, those threats against the mayor of Chicago and the Governor of Illinois come as Trump is flooding the city of Chicago with National Guard troops and ICE agents. But if Trump thought his threats would intimidate or silence those Democratic officials, obviously his goal, he was sorely mistaken.

[Hakeem Jeffries]

This is a convicted felon. I mean, think about that. Who is threatening to jail me? I gotta say, this guy's unhinged, he's insecure.

[Host/Jen Psaki]

He's a wannabe dictator.

[Hakeem Jeffries]

And there's one thing I really wanna say to Donald Trump. If you come for my people, you come through me. So come and get me.

[Host/Jen Psaki]

Love the direct to camera there. Now, that was the governor of Illinois who does not appear, I think it's safe to say, to be the least bit cowed by Trump' threats to put him in jail. So Trump's threats are not working the way he wants them to. They are, however, putting Trump's buddies in a very uncomfortable position. Speaker Johnson, thank you.

[Commercial Voice]

Do you agree that the Mayor of.

[Preet Bharara]

Chicago and the Governor of Illinois should be imprisoned?

[Mike Johnson]

Should they be imprisoned? Should the mayor of Chicago and the governor of Illinois be in prison? I'm not the Attorney General, I'm the Speaker of the House. And I'm trying to manage the chaos here. I'm not following the day to day on that.

[Host/Jen Psaki]

I mean, first of all, the repeating of the questions, there is a real tell that he is trying to figure out what the heck to say. And then what he came up with after those seconds of sort of stalling by repeating the questions is I'm not following the day to day on that, really. I mean, you're the speaker of the House and you aren't tracking that the President of the United States threatened to throw another governor in jail? Not tracking. But that has come to be sort of something of a familiar refrain from Mike Johnson. I mean, here he was this summer, trying to avoid the same question about Governor Gavin Newsom.

[Preet Bharara]

The president said, possibly in jest, that if he were Tom Homan, he would arrest Gavin Newsom.

[Host/Jen Psaki]

Do you believe that Newsom should face.

[Preet Bharara]

Consequences in a legal way?

[Mike Johnson]

Um, look, that's not my lane. I'm not gonna give you legal analysis on whether Gavin Newsom should be arrested.

[Host/Jen Psaki]

President wants to arrest some sitting governors. I'm only second in line to the presidency and the most powerful person in one branch of government, but, nope, not in my lane. Next question. What else you got? The thing is, Mike Johnson has used this excuse on all sorts of issues. I mean, here's what he said last May when he was asked about Trump's plans to accept a new Air Force One for from the nation of Qatar and then keep it after leaving office.

[Mike Johnson]

I'm not following all the twists and turns of the Qatar jet. I've certainly heard about it. I'm going to leave it to the administration. They know much more about the details of that. Okay. I'm just. It's not my lane.

[Host/Jen Psaki]

I mean, again, he's just the speaker of the House. Sure, the Constitution gives Congress the sole authority to approve foreign gifts from the President, but what do you want from that guy? Not in his lane. I'm the speaker of the House's lane. Maybe try asking about something more directly related to Congress, like, say, the battle over redistricting. That's definitely related.

[Mike Johnson]

I'll tell you that. The redistricting is the responsibility. It's the prerogative of the states. And so not really my lane.

[Host/Jen Psaki]

Again, he is the speaker of the House. I'm just going to keep saying it over and over again. There are few things that are more in his lane than the battle over how House districts are are drawn literally in his lane. But still, he took a pass. What about a simple question like, say, should a convicted child sex predator be set free? Would you support a pardon or a commutation for Ghislaine Maxwell, a convicted sex trafficker?

[Mike Johnson]

Well, I mean, obviously, that's a decision of the President. He said he had not adequately considered that. I won't get in front of him. That's not my lane.

[Host/Jen Psaki]

Really? I mean, not even a view on releasing a sexual predator? I kind of thought you might at least have a thought on that one. That's a pretty easy One. I mean, it's hard to imagine that none of those pressing issues are, quote, in his lane. But that excuse has become his go to response every time he doesn't want to take a position or offer his real opinion or, God forbid, offend his dear leader Donald Trump.

[Mike Johnson]

As Cash said in the vignette earlier, he's FBI. That's not my lane. I don't know. I don't know if I used the right word. I said FBI informant. I'm not sure. I wasn't there. This is in my lane. I've never seen all of the Epstein files. That's outside my lane. We're gonna let the cabinet do their job and I'm gonna stay in my lane and do mine.

[Host/Jen Psaki]

It's literally all in your lane. Every one of these issues is under Mike Johnson's purview as speaker of the House, second in line to the presidency. And just in case you needed even more proof that this is a flimsy excuse to avoid answering questions or dealing with issues, just watch what happens when a reporter asks Mike Johnson about an issue that actually is outside his lane. Here was Mike Johnson just yesterday being asked whether Puerto Rican recording artist Bad Bunny should get to perform at the super bowl halftime show.

[Hakeem Jeffries]

Any reaction to Bad Bunny being chosen as the super bowl halftime performance?

[Mike Johnson]

I didn't even know who Bad Bunny was, but it sounds like a terrible decision in my view, from what I'm hearing.

[Narrator/Announcer]

How come?

[Preet Bharara]

How come?

[Mike Johnson]

Well, it sounds like he's not someone who appeals to a broader audience. And I think, you know, there's so many eyes on the Super Bowl, a lot of young, impressionable children, and I think in my view, you would have Lee Greenwood or role models doing that.

[Hakeem Jeffries]

Not.

[Mike Johnson]

Not somebody like this.

[Host/Jen Psaki]

Thanks.

[Hakeem Jeffries]

Thank you, Mr. Speaker.

[Host/Jen Psaki]

Okay, a couple of things to say about that one. First off, Bad Bunny is one of the most popular recording artists in the country right now. I don't know if the speaker thought he was actually a Bad Bunny and why he refere who knows? He has nearly 80 million monthly listeners on Spotify. Safe to say he appeals to a much, much, much broader audience than Lee Greenwood, the 82 year old country singer who performs his one hit over and over and over again at Trump rallies. But there's really no reason actually on this one for Mike Johnson to weigh in because that question was actually not in his lane and yet he had no trouble giving his opinion. The truth is, Mike Johnson is torn, or it seems to be. He seems to be torn between two jobs. I mean, on the one hand, he's the speaker of the House, tasked with responding to the many issues that come before Congress. And on the other hand, he is also the President's lapdog, protecting Trump at all costs, no matter how much humiliation he has to suffer to do it. Because without him, he probably wouldn't keep his job. And even if everything is out of his lane, on some level, Mike Johnson must like something about being the speaker of the House. Otherwise, why would he suffer through all of this? Look, Trump is often credited with throwing off his opponents by flooding the zone with an endless stream of nonsense like it's some sort of genius strategy. But the people who actually get thrown by that nonsense are his allies, the ones cleaning up his mess wherever they go. I mean, just consider the battle to release the Epstein files. Mike Johnson has claimed over and over again that he supports full transparency on this issue. But at the same time, he's refusing to seat a duly elected Democratic member of Congress from Arizona in order to stop Congress from actually voting to release. Release the files. All to protect the President, who doesn't want his long relationship with Epstein in the spotlight. And nobody is buying Mike Johnson's excuses on this.

[Preet Bharara]

There have been Republicans sworn in during pro forma sessions, so why should it be different for a Democrat?

[Mike Johnson]

Great question. There was a unique exception made when the two Florida representatives were sworn in earlier this year after winning a special election. And the only reason we did that is because it was previously noticed for that date and they flew all their families and freedom ceremony. So because they were here and the session got canceled, we just went ahead and did it because their families were here. That's the main purpose of it.

[Preet Bharara]

So if she flies in her family, would you guys do it?

[Mike Johnson]

All of us? She'll get the full bells and whistles. You understand how we don't schedule things for Proforma. No, I'm. But they're trying to make an issue out of nothing.

[Host/Jen Psaki]

I mean, okay, so today, Mike Johnson was also confronted by the two Democratic senators from Arizona over his refusal to swear in their colleague. And things got heated pretty quickly.

[Mike Johnson]

I am anxious to administer the oath as soon as you guys vote to open the government.

[Host/Jen Psaki]

You don't want to be on Epstein discharge. How much?

[Mike Johnson]

Because you're totally absurd. You guys are experts in red herrings. There's nothing to do with Epstein. Personal committee come up with excuses. This is an excuse so she doesn't.

[Hakeem Jeffries]

Sign on to that.

[Mike Johnson]

This is absurd.

[Host/Jen Psaki]

Stop calling up for the pedophile.

[Mike Johnson]

There's nothing nobody's covering up for Pedophiles.

[Host/Jen Psaki]

She knows you know, that she is.

[Mike Johnson]

The Sir, I'm gonna get back to.

[Host/Jen Psaki]

That is what it looks like when the leader of your party is flailing to protect the guy at the top. But that is who Republicans are stuck with to lead them out of this shutdown fight. You may have noticed at a certain point, New York Republican Congressman Mike Lawler jumped into that scrum to defend little Mike Johnson. Now, just moments later, Lawlor decided that he would confront the Democratic leader in the House, Hakeem Jeffries. Maybe he was hoping it would put the focus back on Democrats in the shutdown, I guess. But here's the thing. Leader Jeffries isn't in the same position as Mike Johnson. He does not have to try and defend an erratic president while navigating this shutdown. And so I don't think things went how Mike Lawler expected them to go.

[Hakeem Jeffries]

You get permission from your boss.

[Mike Johnson]

Why don't we sign off right now?

[Hakeem Jeffries]

Did your boss, Donald Trump easily extend.

[Host/Jen Psaki]

Did your boss, Donald Trump give you permission?

[Hakeem Jeffries]

Yes, he is.

[Preet Bharara]

No, he's not. And by the way, so let me ask you a question.

[Host/Jen Psaki]

Why did you vote to shut the government down?

[Mike Johnson]

Why did you vote to shut the government down?

[Hakeem Jeffries]

Let me ask you a question.

[Preet Bharara]

For years, you always pleasure about how we need to keep the government open.

[Hakeem Jeffries]

You're making a show of this to me.

[Host/Jen Psaki]

You could easily sign on to the ceiling.

[Hakeem Jeffries]

You're embarrassing yourself right now.

[Mike Johnson]

You could sign on to the ceiling.

[Hakeem Jeffries]

You're an embarrassing.

[Host/Jen Psaki]

Joining me now is House Democratic Leader Hakeem Jeffries. It's great to see you. You've had quite a day on the Hill today. I just played some of that scrum you could hear. I think people watching could hear some of it. But what exactly happened there when Mike Lawler came up to you and sort of accosted you outside of a room on the Hill today?

[Hakeem Jeffries]

Well, the streets are hot right now on Capitol Hill because the Republicans are just falling apart. They cannot justify their position having shut the government down. They cannot justify their position in terms of hiding the Epstein files from the American people. And they certainly cannot justify their position as it relates to the Republican health care crisis that is devastating people all across the country. So they're unraveling right in front of the eyes of the American people in an unhinged fashion. Donald Trump's unraveling. He's posting deep fake videos, then he's escaping to the golf course. Of course, the speaker of the House is canceling votes. Last week. This week, Republicans are On vacation. And then Mike Lawler is just embarrassing himself, behaving like a malignant clown.

[Host/Jen Psaki]

I mean, what he seemed to be talking about there was the health care subsidies. You have the overwhelming majority of the public on your side, according to a range of polls, the majority of MAGA supporters, the majority of Republicans and independents. It seems like though, Mike Johnson is unwilling or incapable of setting up a negotiation or coming to the table. Do you think he will do that unless Donald Trump calls him and says, go have a negotiation? Is that what we're waiting for?

[Hakeem Jeffries]

Yeah, that's absolutely what we're waiting for. And in fact, I made that clear in the Oval Office meeting. And Thune was there and Johnson was there and I said in front of them, listen, we know that there's only one person at the end of the day who's gonna make the decisions here, and it's you, Donald Trump. Because the House and the Senate Republicans, they've long since given up on pretending to be a separate and co equal branch of government. All they do is, is they take orders from Donald Trump and rubber stamp his extreme agenda. And so the challenge that we face right now, as Democrats, Leader Schumer, myself, House, Senate Democrats, we've consistently made clear we'll sit down with anyone, anytime, any place on the Hill, back in the Oval Office, to find a bipartisan path toward reopening the government. But we have to enact a spending agreement that actually meets the needs of the American people and addresses the Republican healthcare crisis that is devastating people everywhere. Working class America, small town America, suburban America, urban America, the heartland of America, and of course, black and brown communities throughout America, along with rural America. Devastating people. They're hurting their own constituents. And one of the reasons why they're continuing to do it is because they just rather reward their billionaire donors as opposed to extending tax credits connected to the Affordable Care act that are actually for working class, middle class Americans and everyday Americans.

[Host/Jen Psaki]

There have been a range of studies that the majority of the people impacted, to your point, are people who live in states that voted for Trump and 20 million people who'd have their premiums go up to your point. I mean, and I just want to keep restating, there have been many negotiations to reopen the government and negotiations to get bills done. You've been a part of a lot of them. The President has to play a pivotal role no matter who's in the White House. So does the speaker of the House, no matter who the speaker of the House is. So the speaker of the House is waiting for A call from Trump. You've met with Trump, but you've also seen since then, he said that there were negotiations happening that weren't happening. He seemed to suggest that furloughed workers weren't going to be paid. Do you think he even has the capacity, understanding of the issues, ability to lead these negotiations to a conclusion?

[Hakeem Jeffries]

Yeah, that remains to be seen. It's all very unclear cuz the White House went radio silent after the meeting. Normally what would occur, as you've indicated, as you've seen, is that the President would designate high level members of his administration, his cabinet, to come down to Capitol Hill, negotiate with the opposition leaders to try to find a path forward. That's how it's always been done. But for some reason this group of extremists, they think that Democrats were just going to cave. We're not caving. We are standing up for the health care of the American people in the face of this relentless Republican attack on health care. Largest cut to Medicaid in American history. Hospitals, nursing homes, community based health clinics closing because of what Republicans did in their one big ugly bill. And now they're refusing to extend the Affordable Care act tax credits which is going to result in more than 20 million Americans experiencing dramatically increased premium co pays and deductibles. This is unacceptable. America's already too expensive. Donald Trump hasn't lowered costs like he promised on day one. Costs are going up and Democrats are fighting to address the cost of living crisis and we're fighting to protect the health care of the American people.

[Host/Jen Psaki]

There also seems to be a little confusion as to where the momentum is. I mean, I know where the momentum is. You know where it is. Marjorie Taylor Greene, even, I mean, you don't agree with her on probably most things, but she seems to be concerned about the health care subsidies. Anyone who can read a poll, it's obviously the moral thing, but anyone who can read a poll should know that. Have you been in touch with Marjorie Taylor Greene, talk about it?

[Hakeem Jeffries]

I have not. But you know, I agree with Marjorie Taylor Greene. I mean, I never thought I'd make this statement as it relates to the fact that we have an affordability crisis in America and it's getting worse. And as she's pointed out, Republican leadership seems clueless about the fact that something needs to be done to extend the Affordable Care act tax rates. By the way, addressing this issue doesn't just impact people who are on the Affordable Care act, it impacts everyone because premiums, copays and deductibles are about to skyrocket for everyone, particularly if these Affordable Care act tax credits aren't extended, which.

[Host/Jen Psaki]

Is so important for people to know. We have many more questions for you. We got to sneak in a very quick 90 second break. We'll be right back.

[Hakeem Jeffries]

Sounds good.

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[Host/Jen Psaki]

We are back with House Democratic Leader Hakeem Jeffries. There's so much going on in the Hill right now, as you know better than anyone. I also played this exchange or this interview that Speaker Johnson did and also an exchange, I should say, where he basically denies that not swearing in at Elisa Grijalva, who won her election more than two weeks ago, has anything to do with the Epstein files. We all know she's the 218th vote for the discharge petition. I assume you do not buy that at all.

[Hakeem Jeffries]

We don't buy it at all. And we all know this is about the Epstein files and the fact that Republicans on the Hill for months have been doing Donald Trump's bidding and trying to hide these Epstein files from the American people, notwithstanding the fact that the victims have called for full transparency so there can be accountability. And we fully support these brave victims and Mike Johnson and this group continue to Cover up for the pedophiles. That's crazy. And as you pointed out, Representative elect Adelita Grijalova was going to be a great member, succeeding, you know, her legendary dad in the Congress, a progressive champion. She's made clear. I'm going to be the 218th vote on the discharge petition to force an up or down vote which will pass the House, forcing the Trump administration to release the Epstein files. That explains in part why Republicans have been on vacation for the last several weeks. Literally, we have not been in session since September 19th. The Republicans got out of town before sundown and they've not come back ever since because they cannot justify their position across the board. They continue to hurt everyday Americans as part of their effort to simply reward their billionaire donors.

[Host/Jen Psaki]

Again, there was so much news happened today. I mean, one of the things that happened this morning was Trump said the mayors of Chicago, Brandon Johnson, and the governor of Illinois, J.B. pritzker, should essentially be put in jail and jailed. When Mike Johnson was asked about it, he said, I'm not the Attorney General. I'm not following the day to day on that. You may be the speaker of the House in a year and a half. I assume if any president says they're gonna put a governor in jail, you'd be following that closely and you would have a view on it.

[Hakeem Jeffries]

That would be correct. And the answer would be that is wrong and it's not happening. This is not normal. And we continue to see this kind of extremism and extreme rhetoric coming from Donald Trump. All of this is unfolding, by the way, in the middle of a shutdown that they've caused, inflicting pain on the American people and them continuing to refuse to address the assault on the health care of the American people that has been ongoing from the beginning of this presidency. But you know, unfortunately, and listen, Mike and I, we have a communicative relationship. We talk in a very forward looking way. But at this particular point in time, the House Republican Conference is functioning like a wholly owned subsidiary of the Trump administration. And that's deeply inconsistent with the way that the People's House should function. And it will definitely not function that way when Democrats take back control of the gavels. And it didn't function that way under the legendary leadership of Nancy Dalessandro.

[Host/Jen Psaki]

Pelosi certainly did not. She wouldn't have tolerated that for one moment. Before I let you go, I mean, earlier tonight, Trump posted on Truth Social that Israel and Hamas have both signed off on the first phase of a peace plan which includes the release of hostages, which is of course a very piece of good news. And there was withdrawal of Israel's troops to an agreed upon line. There's a lot we don't know. We don't know what that agreed upon line is. We don't know more about how many troops will withdraw. Have you been briefed on it and what do you think about what you know so far?

[Hakeem Jeffries]

Yeah, we have not been briefed on it yet. But listen, all of the hostages need to be released. We need to end the devastation in Gaza. Enough. We need to surge humanitarian assistance to those Palestinian civilians who have been in harm's way through no fault of their own for the last two years because they've been in a theater of war. And we need to create a pathway toward a just and lasting peace. And so I'm hopeful that all the parties have gotten together, signed off on phase one and that we can actually see some meaningful progress in the Middle east moving forward. Remember, Donald Trump inherited a ceasefire from President Joe Biden and it was promptly broken in a matter of weeks. And so I'm hopeful that we can actually see a renewal of that agreement, a permanent ceasefire, an end to Hamas, the Gulf states and the moderate Arab states working with the Palestinian people to identify Palestinian leadership so we can have self determination and of course, Israel living side by side, peace and security and prosperity.

[Host/Jen Psaki]

A lot of details we don't know yet. I'm sure we'll learn more in the couple next couple of days. Leader Jeffries, thank you so much for being here. We covered a range of things but I really appreciate you being here.

[Hakeem Jeffries]

Thank you, Jen.

[Host/Jen Psaki]

Thank you, Jenn. Okay, we're going to take a quick break. After that we're going to talk about how Trump finally got to drag one of his enemies to court today. But it's pretty clear his hand picked prosecutors aren't exactly ready for primetime. Former U.S. attorney for the Southern District of New York, Pre Bharara is standing by. And we'll be right back.

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[Host/Jen Psaki]

Former FBI Director James Comey pleaded not guilty today in his first court appearance after Trump pushed DOJ to indict him on charges of lying to Congress. No surprise there, given what Comey said shortly after his indictment just a few weeks ago. I'm not afraid, and I hope you're not either. I hope instead you are engaged, you are paying attention and you will vote.

[Preet Bharara]

Like your beloved country depends upon it, which it does.

[Mike Johnson]

My heart is broken for the Department of Justice, but I have great confidence in the federal judicial system and I'm innocent.

[Host/Jen Psaki]

Now protesters outside the courthouse today could clearly see the Comey case for what it is holding up signs saying things including show trial and trumped up charges. And this is the weaponization of government. You can see some of them on the screen right there. The judge set a date to start trial on January 5, but it's very possible this case doesn't even make it that far. Comey's main defense attorney, former U.S. attorney Patrick Fitzgerald, said today they will file at least two motions to get the case thrown out. Fitzgerald said the first tranche of defense motions would principally consist of a vindictive prosecution motion. Our view is that this prosecution was brought at the direction of President Trump to silence a constant critic of him. Well, he has plenty to work with there. I mean, from the decision to prosecute in the first place. Even as attorneys at the Eastern District of Virginia repeatedly advised against moving forward because of the lack of evidence to President Trump's social media posts last month urging Attorney General Pam Bondi to bring charges against his political enemies, including Comey And I mentioned this a little bit earlier, but it bears repeating that we had some breaking news tonight on that very post from the Wall Street Journal. They reported just before the show started that as it turns out, that post to millions upon millions of people was meant to be sent privately as a DM to one person, Pam Bondi. Not really a surprise there, but still, I mean, the Journal adding that Trump was surprised to learn it was public. Oops. And then there's the other motion Comey's attorney Patrick Fitzgerald says he plans to file. He said, quote, we would like to bring a motion to change challenge the lawfulness of the appointment of Ms. Halligan as the United States Attorney because we think that's an unlawful appointment. That is a whole other can of worms, just to put it mildly. But it's not just that the new interim U.S. attorney is a former beauty pageant contestant and insurance lawyer and personal attorney for Trump in his Mar A Lago documents case. All of that is true, too. Lindsey Halligan's appointment is also just the latest in a series of unprecedented and potentially illegal maneuvers by the Trump judge Justice Department to get Trump allies into US Attorneys offices around the country. So there is a non zero chance she could be disqualified from trying the case. And considering she's the only prosecutor who signed the indictment documents and she has had to hire people outside of her office willing to prosecute the case, that doesn't seem great for them. But let's not mince words. This prosecution is a total clown show. Hard working career attorneys are seemingly being forced to spend time on a case that's on a track, fast track to it seems like nowhere, but I'm going to talk to somebody who actually knows all about this. Preet Bharara is the former U.S. attorney for the Southern District of New York. And he joins me next. Prosecutors in the Eastern District of Virginia may have an uphill battle ahead of them after former FBI Director James Comey pleaded not guilty to their charges, as we expected him to, alleging he lied to Congress. And so far, the wheels seem to have already started coming off. I mean, at one point today, Comey's attorney Patrick Fitzgerald says he didn't receive a draft of a key discovery order from prosecutors until 11pm last night, with Fitzgerald adding, I confess I was asleep. And then there's the star of the prosecution show, interim U.S. attorney Lindsey Halligan. Let me read to you everything she said in today's hearing. I'll redo the whole thing. Lindsey Halligan, that's it. She said her own name at the start of the hearing and then nothing else. Nailed it. Crushed it. Joining us now to talk about all of this is Preet Bharara, former U.S. attorney for the Southern District of New York. Preet, so much is happening at the same time, and I want to ask you about the big picture here, but I just want to start with a couple of things about today and the specifics of what's happen with Comey in the path forward. I mean, his defense attorney said he plans to file. Oh, great. Great to see you, too. His defense attorney said he plans to file motions both for vindictive prosecution and to disqualify Lindsey Halligan's appointment as U.S. attorney. Help us understand what the path is for those, how likely they are to succeed. What does it look like? What should we understand about it?

[Preet Bharara]

Yeah, so. So these are motions that almost never succeed. The history of these, excuse me, the history of these motions success historically is very, very low. But they're available in extreme circumstances. And I think a lot of people would say that if there were ever a circumstance in which they might work, it might be this one. And we have a precedent for it already in a completely different context, in a completely different case, the case of Mr. Abrego Garcia that people may be familiar with, there was a motion made by defense counsel not for outright dismissal on these grounds, but to get discovery and to get more information to learn whether or not the prosecution was brought, not in good faith because a crime was committed, but to punish or to be punitive towards a defendant who was exercising his rights. And that motion was granted for discovery. So here you have a long record of the president of the United States, who claims to be a part of the unitary executive, who says that he has every right to direct prosecutors under him, including the attorney general of the United States, to investigate and prosecute and imprison people who he doesn't like if he wants to. There's a long record of him saying that he doesn't like Jim Comey, saying that Jim Comey is a traitor, saying that Jim Comey should be in prison. And if, if the answer to those questions is that the defense lawyers will ask, is that the reason why the case was brought vindictively and maliciously? Well, that's a basis to dismiss the indictment altogether. And that motion, I think, is going to be quite strong based on the evidence we have so far.

[Host/Jen Psaki]

Do you think? Well, let me ask you about one specific thing that kind of broke just right before the show because, and this isn't really a surprise, I mean, the Truth Social Post where, where Donald Trump is sort of directing Pam Bondi to go after Comey saying nothing is being done. What about Comey, it turns out, was meant to be a direct message. Does that matter in terms of. From the legal. So how does it matter? Help us understand that.

[Preet Bharara]

So I think that's a big problem legally and substantively for the Department of Justice and for the president. As we said, not just Jim Comey, not just Mr. Brego Garcia, but other people who are in the crosshairs of the president. Various elected members that have been talked about on this show will have viable motions to dismiss indictments if they come in the future on the basis of vindictiveness. And to the extent that there are public statements that we have heard about, that's powerful evidence. But if it's the case that this message that you're describing was meant to be a direct message, a private message, I will bet you everything that I have that that wasn't the only one, that there's a course of dealing. There's a course of correspondence between the president of the United States, the attorney General, maybe other people in the Department of Justice, maybe individual US Attorneys and other cabinet officials that will bear light on the question of the vindictiveness of the prosecution. And so if you get those things in discovery, which I think at a minimum will be granted in the Comey case, as it was granted in the Abrego Garcia case, that's very, very bad for the prosecution. On the other hand, even worse, perhaps, if those communications took place but were not preserved. And hypothetically, I think good lawyers will have already asked for those communications to have been preserved in anticipation of this litigation. If they have not been, if they have been destroyed, that is a, a terrible look for the president and the people who work for him. And it also gives rise to an adverse inference about what's in those communications. And there is an argument that those communications and the destruction thereof by themselves are a basis to dismiss an indictment.

[Host/Jen Psaki]

That's such an interesting point, and I hadn't thought of that. I mean, the DMs, there's no way this was the only DM, just like it wasn't the only signal among national security officials. And so if you're the lawyers or anything, any good reporter, you're looking for that information for different reasons. Do you think? I mean, this is supposed to go to trial in January. Do you think it gets there?

[Preet Bharara]

You know, I don't. I don't think it gets there. And there's a part of Jim Comey, you know, based on what he said in his Instagram post, that wants to have a trial. He said, let's have a trial. But there have been so many errors. There's so much evidence of indictiveness and selective prosecution and other problems. I don't think it gets to trial. By the way, we were talking earlier about how some of these new prosecutors may not be well versed in the case. It's hard to blame, it's hard to blame them for that because they're new to the case. On the other hand. So that's on one hand. On the other hand, you kind of wonder how it can be that new prosecutors, knowing that very, very seasoned, experienced prosecutors who were on the ground level of the investigation, who looked at the facts, who interviewed witnesses, who looked at documents and were well versed in the case, thought it should not go forward. So to decide to go forward and insert yourself from another district in this case, not knowing all the facts is odd to me. And we'll see how that plays out.

[Host/Jen Psaki]

Preparer, thank you as always for giving us a lot to think about. Better understanding of the law without a law degree. As always, thank you again. Okay, coming up, if the codename Arctic Frost isn't ringing a bell, you aren't watching enough right wing news. And good for you. Republicans and their media allies are calling it a scandal that is bigger than Watergate. It is quite a performance. Now here's a little spoiler. It's definitely not. And then explain after the break. Trump TV hosts and Republican lawmakers are calling it a scandal worse than Watergate. Bravo. It's been quite a performance by all of them over the last few days. I mean, it all started on Monday when the Republican chair of the Judiciary Committee, the youthful Chuck Grassley, put out this headline, biden FBI spied on eight Republican senators as part of Arctic Frost investigations. Now, if you're not familiar with the term Arctic Frost, it's the code name for an FBI probe that was the precursor to Special Counsel Jack Smith's investigation, the one that resulted in true criminal cases against Trump, including multiple criminal charges for his effort to overturn the 2020 election. Now, the basis of Grassley's headline about the Biden FBI spying on senators is this one page unclassified document he put out. You can see it right there on the screen. Screen that references a preliminary toll analysis conducted by the FBI in 2023 of nine Republican lawmakers, eight of them senators, including close Trump allies like Lindsey Graham, Josh Hawley, Tommy Tuberville, And Ron Johnson. Now, according to Grassley, the phone data the FBI looked at was from January 4th through January 7th of 2021. Not exactly a random time in history in this state, in this city. I mean, so, yes, the days surrounding the attack on the Capitol on January 6th. Right. Right before and after. And the data showed when the calls were made and to whom, as well as the duration and the general location data of the call. That's it. And yet, during Pam Bondi's hearing yesterday in the Senate, Republicans railed against what they shorthanded as spying.

[Preet Bharara]

This is an outrage, an unconstitutional breach.

[Hakeem Jeffries]

And ought to be immediately addressed by you and Director Patel.

[Host/Jen Psaki]

Can you tell me why my phone records, when I'm the chairman of the Judiciary Committee, were sought by the Jack Smith agents?

[Narrator/Announcer]

We've got a list. Tap my phone. Tap Lindsey Graham's phone. Tap Marsha Blackburn's phone. We've got nothing but concerns today, but no concern at all for a Justice Department that is tapping the phones of sitting United States Senators. Because who knows why.

[Host/Jen Psaki]

Now they seem mad. Maybe you're wondering, is this as big of a deal as they say it is? And the simple answer is no, for a lot of reasons. I mean, for one, there doesn't seem to be any evidence whatsoever that there was some kind of gross overreach at all. I mean, as Politico reports, the request for this information was approved by a grand jury. There's also no evidence that any of these individuals had their phones tapped, as they keep saying, despite what senators like Josh Hawley have. Have repeatedly and falsely claimed, as political reporter Kyle Cheney had to point out to the senator, tapping would actually involve listening to your conversations. You've just described a call log. I mean, you'd think that a Yale Law School graduate and former state attorney general might know the difference. Who knows? But Republican lawmakers in the Trump Justice Department are also acting like the existence of these call logs was being hidden. Take a listen to FBI Director Kash Patel. Last night.

[Hakeem Jeffries]

They took this information where they subpoenaed eight sitting United States Senators, put it in a lockbox, put that lockbox in a vault, and then put that vault.

[Host/Jen Psaki]

In a cyber place where no one.

[Preet Bharara]

Can see or search these files.

[Host/Jen Psaki]

It's quite a conspiracy theory. And then that cyber place was put on a hard drive and then put in a second vault and dropped to the bottom of the Potomac. Or something like that. Look, if Jack Smith and the FBI were trying to hide the existence of these call logs, why would he reference them in his final report? That was released publicly in January. Yeah, you heard me right. On page 31 of the first volume of Smith's report released publicly, which again he released earlier this year before Trump was sworn in, it says, quote, Mr. Trump tried to reach two United States senators and he also directed co conspirator one to call members of Congress and attempt to enlist them to further delay the certification. And just as a side note, that's pretty relevant information about Trump and his allies attempts to overturn an election. Right now there's also a footnote in Smith's report that cites the phone records for all to see. And if that is news to Kash Patel and these Republicans, they should probably have read the report that came out publicly in January and they should probably talk to the Trump defense attorneys, defense attorneys who are now running the Department of Justice because they also would have received that evidence in discovery while the prosecution was still happening. But maybe the most dishonest part of Republicans performative and wow, quite a performance anger here is that they are acting like this investigation all happened out of the blue. I mean, Senator Ron Johnson this week said that there was no reason for phone records to be requested and that this was a, quote, phishing expedition. But if you're investigating the former President of the United States effort to undermine the 2020 election, kind of makes sense for an investigator to look at who the president and his alleged co conspirators were talking to, right? I mean, we know that Senator Ron Johnson helped coordinate an effort to get fake elector documents to former Vice President Mike Pence. We know that Trump called Senator Tommy Tuberville while the Capitol was being attacked. We know that Senator Lindsey Graham asked Georgia's top election official about tossing ballots. And we know that Senator Josh Hawley was very proudly helping lead the push to object to the Electoral College results. So yeah, Republicans are once again floating a narrative to paint themselves as victims. And already they are using that narrative to continue to purge those they deem disloyal at the Justice Department. But boy, all those facts and public reports can be pesky hindrances to a good old fashioned conspiracy theory, can't they be? That does it for me today you can catch the show Tuesday through Friday at 9pm Eastern on MSNBC. And don't forget to follow the show on Bluesky, Instagram and TikTok Mazda.

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