
Donald Trump's prosecutors tried and failed a third time to indict New York Attorney General Letitia James, who has repeatedly humiliated Donald Trump by exposing fraud in his organizations. Abbe Lowell, attorney for James, talks with Jen Psaki about the egregiousness of the politically motivated case, and the possibility of a counter suit over the DOJ's abuse of power.
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This has been a huge news day live. Lots of things have happened. We all also know that Donald Trump has always prided himself on breaking the mold of sorts. I mean, shattering precedents I guess. And tonight he gets to add another one to his resume. Because tonight it's pretty clear to me that Donald Trump has become a lame duck faster than any other president in modern history. And we have a jam packed show to break down what has been by any metric one of the worst days of his presidency. I just mentioned this already, but House to Democratic leader Hakeem Jeffries is here sitting with me at the table. We're going to talk about his reaction to Indiana Republicans rejecting a gerrymandered map that Trump relentlessly demanded. Also about health care and what's happening on the Hill. I'm also going to have an exclusive interview with Abby Lowell, the attorney for New York Attorney General Letitia James. After Trump's revenge tour hit another embarrassing roadblock today. Senator Adam Schiff is here to talk about the Trump team's many ongoing cover up attempts surrounding its many ongoing scandals and what Congress is doing to pry information out of them. And Senator Raphael Warnock is going to join me to put it all in perspective after quite a speech this morning as only he can. As I said, a packed show tonight. And that's because a lot has happened today. And if you are sitting in the White House right now, you have to realize unless you have your head in the sand, that all of this that's happening is exposing to the world that, that Donald Trump and his entire administration are far less powerful and far less capable than they keep telling the world they are. In fact, right now, tonight, they look as weak and incompetent as they've ever looked. I mean, let's start just. We're going to go through these issues. Let's start with Trump's ego driven vendetta campaign against his political opponents, shall we? Because that's one of his favorite things. Today, Trump's Justice Department once again failed to convince a grand jury to indict New York Attorney General Letitia James on dubious claims of mortgage fraud. Now, for those keeping score at home. I know you are. They have now failed not once, not twice, but three times to secure an indictment against her. What's the old saying again? You know the one a grand jury would indict? A ham sandwich. Well, a grand jury sure won't indict Tish James. They've tried three times. Now, coincidentally, on the same day, the case against James slew up in their faces. The Trump administration's high profile case against another target suffered a major loss because today a federal judge ordered the release of Kilmar Obrego Garcia from ICE custody, saying that the Trump administration had detained him for nearly four months without lawful authority. Now, the Trump administration has been dead set on deporting Abrego Garcia since he was wrongly sent to a prison in El Salvador due to an administrative error and then returned. And yes, we have long known, we've talked about it a lot on this show, how cruel the Trump administration's immigration and deportation policy is. We know that. But today we were reminded again just how incompetent it is, too, because the judge today revealed that the government has never actually been able to produce evidence of a removal order for Abrego Garcia. In fact, she declared that no such order even exists. Bang up job out there, everyone. And that incompetence, particularly from Trump's Department of Homeland Security, was really on full display today because DHS Secretary Kristi Noem was later humiliated by a simple question during a hearing on Capitol Hill.
E
Madam Secretary, how many United States military veterans have you deported?
A
Sir, we have not deported U.S. citizens or military veterans. Nope, that's not factual. No surprise. No one was wrong there. I mean, whether she was lying or just ignorant is really, I guess, up for debate. But with the help of an iPad, Congressman Seth Magaziner proceeded to confront her with the facts, putting her face to face with a veteran who had indeed been kicked out of the country after nearly 50 years in the United States. So you could say Christine really crushed it today, too. And while she was struggling to grasp basic facts about what her own department has been doing on her watch, the White House was struggling to answer very basic questions about its operations in Latin America following the seizure of an oil tanker off the coast of Venezuela.
B
Based on the way that things stand right now, is Operation Southern Sphere about drugs, or is it about.
A
The Trump administration is focused on doing many things in the Western Hemisphere. I mean, many things. It's a good question by my old buddy Peter Doocy. Many things, they say. So one day it's about the drugs, the next day can be about the oil. I mean, who knows? But not to worry, because often when these questions are asked and they're not satisfied with the answer, they ask them again. And Trump himself was given an opportunity to clear this all up when he was asked the exact same question in the Oval Office.
B
Is the campaign against Venezuela still just about drugs, or is it now also about oil?
C
Well, it's about a lot of things, but one of the things it's about is the fact that they've allowed millions of people to come into our country from their prisons.
A
It's about a lot of things. So just to recap, they told us, first it's about drugs and it might be about oil, and now, according to Trump, it's apparently about millions of people from Venezuelan prisons, which is completely baseless, by the way. So we can't get any coherent reasoning behind a possible war in our own hemisphere. Trump's revenge tour has really also not gone as he planned. As I've outlined, his Department of Homeland Security has been repeatedly humiliated as it tries to deport any anyone it can grab without justification. And none of that is to mention Trump's very obvious inability to control his own party. I mean, after the Republican health care plan failed today in the Senate and Republicans voted down an extension for Obamacare subsidies, Trump and his party are set to drag millions of Americans to the brink of skyrocketing health care costs. And they seem to know they will be blamed because brand new reporting suggests. And we'll see. And I'm going to talk to my first guest about this, that Speaker Mike Johnson is actually considering giving moderate Republicans a floor vote to extend the subsidies. You only do that if you're feeling huge political pressure out there. Now, if those subsidies aren't extended, it will not only be devastating for the millions of people who depend on them to afford their health insurance, it will also be devastating for Trump politically. I Mean, the overwhelming majority of Americans support extending these subsidies because without them, the cost of health care could double for millions of. And guess what? According to a new AP poll out today, only 3 in 10 U.S. adults approve of how Trump is handling health care. No surprise. But you would think he would put in some legwork to actually get this done right. Politically, it's morally the right thing. But even politically. And his numbers on his overall handling of the economy are equally dismal. Only 31% approved. 31%. I mean, those numbers are so bad that even Trump seems to be acknowledging how much the public has turned against him. And that takes a lot, because often he's in denial. In a post today, he whined about how little credit he gets, asking, when will people understand what is happening? I mean, if you feel the need to blame the public for not understanding how great you are, maybe you're the problem. But the plummeting poll numbers and all the scandals and all the incompetence may explain why he's been pressuring state Republicans across the country to do whatever they can do to rig congressional districts in his favor ahead of next year's midterms. Because, guess, guess what, his policies are not winning. The public doesn't like him. He's losing the game. So he's trying to rig the game, and he can't even do that. Today, Indiana Republicans in the state Senate defied Trump and rejected his relentless demands to draw a new map. And it wasn't even by a slim margin. I mean, they voted 31 to 19 to block it. That is a huge blow for this president, especially considering just how hard he tried to get it done. He summoned Indiana officials at the White House. He threatened them with primaries. He sent J.D. vance to Indiana twice. Even little Mike Johnson was working the phones, trying to sway Republicans there. So I think it's fair to take Trump's reaction to his failure in Indiana with a big old grain of salt. A number of Republicans voted against that redistricting effort. You have spent a lot of time talking about this. The vice President traveled to Indiana. What's your reaction?
C
Well, we won every other state. That's the only state.
F
It's funny, because I won the.
C
I won Indiana all three times by a landslide, and I wasn't working on it very hard.
A
Who knows what he's talking about there? But he was certainly working very hard on trying to get Indiana Republicans to rig the districts there. I guess that's the best he's got. I mean, really, unfortunately for Trump, that might be the best answer he's got, and we might be hearing more of that line as this already lame duck president gets, well, even lamer. Turning us off tonight on an insane night of news is House Democratic Leader Hakeem Jeffries. So I just, there's so many things to ask you about. I just want to start with Indiana, because today, Indiana Republicans, I should just note, stood in the face of threats. They were being threatened. They were being pressured by the White House and threatened by others, I shouldn't say, not by the White House per se in that way, but they voted overwhelmingly to reject this new map. What does that tell you about Donald Trump's hold on his party right now?
B
Well, across the board, it was a good night for the American people and a bad day for Donald Trump. And in Indiana, his effort to try to rig the midterm elections because he knows that his policies has been a disaster. The Republican Party has been a disaster. The House Republican Conference has been a disaster. They've got nothing positive to present to the American people. And so they're trying to gerrymander congressional maps all across the country, and that's not working for them. And they didn't expect the forceful Democratic response, which we've seen, of course, in California, we've seen movement in Virginia and other states because we've made clear from the very beginning we will not let these Republicans mathematically gerrymander their way into artificially keeping their majority. And, you know, Indiana, I think, was a shock to them because they're used to basically Donald Trump saying jump and Republicans responding how high? This was a significant rebuke. But, you know, Jen, it's interesting that Republicans in New Hampshire turned him down, Republicans in Kansas turned him down. This was the more dramatic instance of it because it actually required a vote to explicitly turn them down. And now we've seen that happen because I think Republicans understand they are in a bad spot right now. They're losing elections all across the country, most recently in Miami, first time a Democrat has been elected in 30 years, and it wasn't even close. She won by 20 points in a county that Donald Trump just won last year.
A
It's really, I mean, that was only two days ago, but this has been quite a week. If you're Trump, you've dealt with him for a long time. Have you seen him weaker than he is now?
B
Well, certainly. I mean, I think what we've seen now are Republicans increasingly being willing to cross him.
A
Yeah.
B
And that's a very new phenomenon. One of the things that hasn't Broken through because there's been so many developments today is that on the floor, we passed legislation in the House that would wipe out Trump's executive order, ripping away collective bargaining rights from more than a million federal employees. And guess what, Jen, 20 Republicans voted with us and against Donald Trump to repeal his executive order. No one's ever seen anything like this.
A
What do you attribute that? I mean, I have my own theories here, but you are the leader of the Democratic caucus and the House. What do you attribute it to? Why do they feel now finally empowered after all this time to cross him?
B
Well, I think a large part of it are the election results. I mean, we've been winning special elections all year, beginning in January, state Senate seat in Iowa that we flipped, that Donald Trump had just won by 21 points. And of course, in April, where we decisively won the Wisconsin state Supreme Court race, swing state, we won it by 11 points. We've seen that over and over and over again. And then, of course, in November, wins all across the country, up and down the ballot. New Jersey, New York, Virginia, Pennsylvania, you know, Mississippi, Georgia, just across the board. And of course, Prop 50 in California. And things continue to get worse for them. You know, the overperformance in Tennessee and then most recently, the results in Miami and flipping a seat in Georgia. So I think they are seeing what we're seeing. The American people are rejecting their extremism and embracing a relentless Democratic focus on the issues that matter. Affordability, driving down the high cost of living and fixing our broken health care system. And now they find themselves in a situation where they know they're about to get blamed if they fail to extend the Affordable Care act tax credit.
A
I want to get there. I just want to ask you one more question about redistricting stuff, because there have been some calls out that which I disagree with, but I want to see what you say that states like Virginia and Illinois should say, we're not going to do it either anymore. I mean, my view is like, they're not going to behave above board. Trump and the Republican Party. So you've got to keep all these things on the table. But how do you see it?
B
Yeah, we definitely have to keep everything on the table, including, of course, we know in Maryland, Illinois. I think, you know, Governor Pritzker has been very strong and has said, if Indiana moves forward, we're moving forward. And that may have been part of the reason why the Indiana Republicans continued to have the courage to say, we don't want to go down this road because ultimately it's not even going to result in a net gain. Now they still want to gerrymander. And so we have multiple options that we have to keep on the table because we know they're going to keep their foot on the gas pedal because they can't win a free and fair election. And as Democrats, we're only three seats short. That's the narrowest majority that any party has had Republicans, since the Great Depression. And they've been a complete and total failure. And we're right on the issues. We're defending the health care of the American people. We're pushing to extend the Affordable Care act tax credits. Donald Trump promised to lower costs on day one. Costs aren't going down, they're going up. And so they're on the run, but they're running out of states to try to cheat in. In fact, I think they really only have Florida left and they got major obstacles in Florida, particularly when you see the results that just happened a few days ago.
A
But would you like it sounds like. But you tell me you'd like Governor Pritzker, Governor Moore, incoming Governor Spanberger to still keep this process going, given Florida could be something they try to push on the other side.
B
All options definitively have to remain on the table. Right. Because we can't unilaterally disarm. And that's been our position from the very beginning and that will continue to be our position until this thing ends.
A
Let me ask you about health care. There are a lot of proposals out there. There's three discharge petitions. You tell me if I'm getting the math here. One of them is yours, which has about 214. So I have more than 214 votes.
B
That's right, 214.
A
214 votes. There's two other ones. There's also a bipartisan bill. Speaker Mike Johnson says reportedly that he will put something potentially forward. Have you heard that directly from that's going to happen?
B
Yeah, I have not heard that directly from him, but they clearly are under pressure. I think their original Republican plan was to try to fly below the radar and allow the Affordable Care act tax credits to expire because they don't give a damn about helping the American people. And tens of millions of folks are about to experience, as you indicated, dramatically increased premiums, copays and deductibles if these tax credits expire. But Democrats in the House, together with our partners in the Senate, led by Chuck Schumer, you know, have spent months now dramatically raising this issue and the stakes so that the public knows that Congress needs to act. And if Congress doesn't act, it's the Republicans fault who have, you know, failed to protect the health care of the American people. So we've got multiple discharge petitions. Now the one that we've introduced as House Democrats has 214 signatures. All we need are four House Republicans to join us. Just four. There are 220 of them. And we can make sure that we protect the health care of everyday Americans by not allowing the Affordable Care act tax credits to expire. But you have some traditional Republicans, traditional conservatives, I should say, who have introduced their own versions of extending the Affordable Care act tax credits because they're frustrated with Mike Johnson and House Republican leaders who've done nothing and who apparently don't care that these Republicans in swing seats are about to go down in flames.
A
Are there the bipartisan bill? There's a couple Democrats who are co sponsoring this with Congressman Fitzpatrick. It extended for two years. It has some other components in there you may have concerns about. If that were to go to the floor, would you encourage the caucus to vote for that?
B
Well, we've got to take a look at those bills. I mean, the Fitzpatrick bill, that would be a two year extension, but it does modify the Affordable Care act tax credit program in ways that there are significant concerns.
A
You have some concerns about that.
B
Then there's a one year extension that's been introduced by Jen Kiggins, a Republican from Virginia who knows she's in trouble, particularly based on what Abigail Spamberger just did. And you know, she's desperate to try to get an extension. And she's introduced a bill which we'll evaluate in good faith to see whether it's something that we can ultimately get behind. But our commitment overall is to make sure we extend these Affordable Care act tax credits. The Republicans rushed back to Washington, D.C. in July so they could cut Medicaid, largest cut to Medicaid in American history. Rip food out of the mouths of seniors, hungry children, hungry veterans. And they did all of that so they could provide permanent tax breaks, massive tax breaks to their billionaire donors. And yet they can't figure out how to extend tax credits for working class Americans. We're going to keep the pressure on them.
A
As my mother would say, it doesn't all sound on the level. Leader Hakeem Jeffries, thank you so much for being here.
B
Thank you.
A
Okay, we have so much to get to tonight. Senator Adam Schiff is going to be here. Senator Raphael Warnock will be here. But first, a grand jury just rejected the Trump Justice Department's third attempt to go after New York Attorney General Letitia James. It's an epic embarrassment of epic proportion. And Letitia James, attorney Abby Lola standing by for an exclusive interview. We'll be right back.
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A
If you're feeling a little bit of deja vu today, I really don't blame you. I felt that too. I mean, it was only about two weeks ago that a federal judge threw out the criminal cases against two of Trump's perceived enemies, James Comey and Letitia James, ruling that Trump's hand picked U.S. attorney was unlawfully appointed. Now. Then days later, Trump's Justice Department tried again to indict James, importing a career prosecutor from another jurisdiction to do it. But again, they failed, and they failed on the merits. A federal grand jury effectively said the Trump administration's mortgage fraud case did not pass muster. So, you know, given that back to back embarrassment, you'd kind of think the Trump administration might give up finally, right? But no, they gave it a version of a third swing, which no surprise was amiss. Today, msnow reported that a federal grand jury rejected the DOJ's third attempt to go after Letitia James in court. Joining me now is Abby Lowell, who has been representing New York Attorney General Letitia James in court. You have been living this. This all feels quite unprecedented to all of us. But break it down for us. How unprecedented does this all feel?
C
It's incredibly unprecedented. Let me say what I think people should take from what happened today. First of all, if they think about it, this is the fifth time that either experienced or independent people or entities have rejected President Trump's totally abuse of power to go after Attorney General Letitia James for doing what the people of New York elected her to do, which was to expose, in this case, the business fraud of his. Of his companies. First, the guy that he put in to be the U.S. attorney in Virginia said he wouldn't do it and he was forced out. Then a career prosecutor who's been in the grand jury and in courts forever said there was no case and she was fired.
A
Mm.
C
Then they installed the personal attorney of the president with no criminal law experience whatsoever for the sole purpose of carrying out this revenge. And a judge threw out the indictment because she was illegally appointed to do the hatchet job. Then last week, a grand jury of people that are not beholden to anybody rejected the attempt to bring the charges. And if that wasn't enough, in what has to be the most unprecedented action, seven days later, in a different city with a different set of grand jurors, they tried again and they failed. That is totally unprecedented in this abuse. Should say this. I started my legal career at the Justice Department, and what President Trump has done and carrying out with his Attorney General, Pam Bondi, has been an awful stain on that institution. It may not be indelible, but it's going to take a while to wipe it out. And if that doesn't make sense, one more thing. People may not get offended because they don't necessarily understand why what happens in a grand jury in Virginia affects their lives. I get that they should, but I get it. And if they're not offended by the things that President Trump is doing by aggrandizing himself and his family in office. Maybe they'll start getting that when their grocery prices are going up and not theirs. But here's something to consider. Think how much money President Trump is causing the Justice Department to spend to go after his enemies as opposed to doing something that will improve the lives of Americans. Maybe that will resonate as to why the rule of law matters.
A
It really should. And that's such a good point. Let me ask you, I'm sure nothing surprises you anymore. I feel like you represent half of the people or more that we talk about on the show that Trump is going back after vindictively, as you mentioned. I mean, they've tried grand juries in two of the three subdivisions of the Eastern District. There's also one in Richmond, if I'm correct, and Newport. And Newport. Do you expect. I mean, it's also crazy. But are you preparing for the possibility they can try this again?
C
Of course, you have to prepare for the possibility that nothing that anybody else in the history of the United States would do, this administration, this president and this attorney general would do. Of course, we're not just sitting on our hands and saying, okay, what's next? I suspect he might. This would be just, so far, it has been a terrible stain. As I said, it calls into absolute question the integrity. If they try this again, it will actually be a mockery of justice. That's how severe it would be. But of course, and I suspect, given that his intent is to do everything possible to go after his political enemies, I suspect he's probably had a conversation with the attorney general tonight and say, hey, look, after Virginia, there are 49 states. Maybe we could try it there.
A
It seems like, and this is a really legal question, it seems like this politically and publicly, that it becomes more and more vindictive. But every time they go and try to go after her, does that, that becomes part of your argument?
C
It does. We already, before the case was thrown out for the illegal appointment of Lindsay Halligan, had filed a motion to dismiss on what is called prosecutorial vindictiveness. People don't need to understand the details, but it sounds like what it is. And the more that they do things like this, ignore a grand jury, ignore a judge's order, I understand that Lindsey Halligan is continuing to sign pleadings as the United States attorney in absolute disobeyance of a court order. And so the more that they will bend the law, break the law, that adds to this vindictive prosecution idea. And I hope we don't have to get there, because if we get there, it means that they have found some group of people somewhere notwithstanding all I just said, that we'll carry out his revenge. I'm pretty optimistic now that that won't happen.
A
That they won't try to do it again.
C
No, no. That they might try it again. But if we're going for an unbreakable, unprecedented record, three grand juries rejecting them would just be okay.
A
It's quite unbelie. At what point, I mean, attorney general, the legislature. James has kept her head high around this. She's kind of spoken back. She has not hidden. It feels like a very different approach to justice and is necessary is the consideration of countersuing here or suing them for all of this on the table?
C
Well, I mean, let's be clear about the fact that the bar that exists to protect people that are doing their job correctly as federal officials or state officials is rather high.
A
Yeah.
C
Having said that, let's be clear that when federal officials or state officials abuse their power, there are protections and there are ways to seek redress. And I can't really tip off what we're going to do or when. But the people on the other side should be fairly warned that they've already crossed the line. And an additional cross in the line won't go well when those kinds of issues are considered by a court.
A
I think they've been fairly warned now, if they didn't already know. Abby Lowell, thank you for being here. I really appreciate it.
C
Thank you, Jen.
A
All right, coming up, so many scandals, so many attempted coverups. There's just a whole lot of them. But Democrats are applying more and more pressure on all of them. Some are incredibly relentless, including my next guest, Senator Adam Schiff, who is behind an important new push for oversight around the Epstein files. He wants to make sure they aren't tampered with or concealed in any way, shape or form. And he joins me next. Thanks to TikTok ads, I was able to open up a business with my childhood friend and even hire employees. My name is Julian and I am one of the founders of the Snacks Lab. We are an exotic snack company. We import snacks from all over the world. We had over $100,000 in sales from our TikTok ads in the first month. So our orders went from five a day to over 250 orders a day. You definitely have to use TikTok ads.
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It has been eight days since Donald Trump committed to releasing the full unedited video of that deadly September 2 airstrike on Venezuelan Vote. And remember, Trump said out loud, whatever they have, we'd certainly release, no problem. He has, of course, since walked back that claim, denied he ever said it, and punted things to Pete Hegseth, who has been very, very cagey about it. Now this is the president who calls himself the most transparent in history, but misleads reporters every day and then yells at them when they call him out on it. That is not transparency, by the way. Another well worn tactic of this transparent administration is their hope that if you ignore, if, if they ignore you for long enough, you'll go away. Case in point is, of course, the Epstein files. It has been more than four months since the House Oversight Committee subpoenaed the Justice Department for all the Epstein files, and it's been about a month since Congress passed over Trump's objection, the Epstein Files Transparency Act. Now, to date, the DOJ has released just a small fraction of those files. And in that time, Trump's prosecutors have also started investigations into some Democrats with ties to Epstein, raising fears that any open investigation could become an excuse not to release the files or that they'll make that excuse. But the Trump administration is required by law to release all of the documents they have by a week from tomorrow. And in anticipation of any more potential shenanigans, which I'm sure there will be many, a pair of Senate Democrats are pushing the administration for complete transparency. Senators Adam Schiff and Dick Durbin wrote a letter to the Justice Department's inspector general today asking for a formal review to Reassure the American public that any files released have not been tampered with or concealed. That's what we have to talk about these days, guys. Joining us now is Democratic Senator Adam Schiff of California. Senator Schiff, thank you so much for being here. I mean, we know the Justice Department has just a. Some politically compromised leadership at the top is one way of putting it. But the inspector general is more independent. I assume that's why you, of course, wrote to them. How confident are you that they will actually tell you if there have been any efforts to scrub or remove documents from the files? And how are you expecting you'll receive that information?
F
Well, I'm not sure that you could be fully confident of anything in this administration, including the inspector generals, most of which were fired in the early days of the Trump administration. And whether they've been replaced by anyone of any independents is very much an open question. But I have more confidence generally in the offices of Inspector General than I do in the top leadership of the Justice Department. There have been reports that they, the FBI, devoted a thousand agents to going through, combing through these files, flagging wherever Trump's name appeared. And there's good reason to be suspicious of whether any documents that might be incriminating the President will see the public light. So one way of trying to make sure that the disclosures are fulsome, as required by the law that was passed on a bipartisan basis, is to get the inspector general to review the custody of these documents to determine whether any are missing. And the administration is supposed to give us a log of anything they're withholding to determine whether that log is complete or whether the thing's missing from there, too?
C
Yes.
A
It feels like if you are able to look at the log, which they should be able to, if there's more than names, if there's long swaths of things, it raises a lot of, of questions. Now, the deadline, as I, as I just noted, for the White House to release all the files under the bill Congress passes a week from tomorrow, what expectation? You know, I think a lot of people out there are thinking we're going to see everything that day. It seems hard to believe that's going to be the case. I wish it was. But what expectation do you have on what we may, what we may see that day?
F
Well, I guess my expectation is that they will produce something, and now that something that they produce may be heavily redacted. And they may claim that those redactions are merely to protect the privacy of the victims. And if they are redactions for that purpose. They would be completely legitimate. We want their privacy respected. But do we trust the administration to make those redactions only for that purpose or to over redact in a way to protect or avoid anything incriminating or embarrassing of the president or any of his allies? I don't think we can have that confidence. I would feel much better if I had a neutral party like an inspector general making those determinations. And in the log that they provide, it could say just very generically, this category of documents has been withheld. Those documents going to an ongoing investigation. Again, that is not going to, I think, satisfy anyone. So we'll see how fulsome the production is and how much we're going to have to fight to really see what they're holding.
A
We just talked, I just talked with Abby Lowell about the Justice Department's latest failure in their attempt to indict New York Attorney General Letitia James. Third time is not a charm for them. You've seen, of course, the DOJ try to chase you with the threat of similar charges. What's your reaction to the news today?
F
It is really shocking because, of course, the bar in the grand jury is so low you don't have to prove anything beyond a reasonable doubt. It's merely showing probable cause. And the prosecutor who goes into that grand jury decides what that grand jury sees. And if they're not ethical, they don't show them anything that would be exculpatory. They only show them what they want to help convince that grand jury to indict. So for now, repeated grand juries in different venues to say you don't even have probable cause, that is really shocking at one level because it just doesn't happen very often. At another level, it is frankly all too understandable given that the administration and the leadership of the Justice Department is just determined to go after the president's enemies. They're following his orders. It is vindictive. It is selective. And they seem quite determined to keep trying and keep failing.
A
And they keep pushing. Lindsey Halligan, There we go. Senator Adam Schiff, thank you as always for joining me tonight.
F
Thank you.
A
Okay, coming up, Senator Raphael Warnock is standing by. He delivered an incredibly powerful, powerful speech this morning about the moment of crisis we are facing. And he talked about the moment in a way that only he can. We'll be right back. Today the Senate failed to pass two health care proposals. First a Republican plan, then a Democratic plan, both dead on arrival. Now, if Congress can't agree on a plan, monthly health care premiums will more than double on average for some 22 million Americans. As Obamacare subsidies expire at the end of the month, many of those Americans will simply no longer be able to afford health care. While this is on its face, a fight between Democrats and Republicans and the specifics of a plan in Congress right now, Democratic Senator Raphael Warnock is also framing it as a fight over who Congress actually works for, corporate interests or the people.
E
We cannot be successful unless we reckon with a deeply uncomfortable truth that corporate interests have too much influence over both parties and the voices of ordinary people are being squeezed out of the house of their own democracy. I knew this as an activist pastor. Now as a member of the Senate, I know it more than ever. I've seen it up close. When I first got to the Senate, one of our biggest accomplishments was allowing Medicare to negotiate prescription drug prices for the first time. I want you to think about that. The fact that we had to fight, that we had to pass a law in a capitalist society to get the power to negotiate with the seller, something they're trying to sell us, tells you everything you need to know about the outsized impact of corporate interest in our politics.
A
Now, beyond just health care, Senator Warnock also made the case that the affordability crisis in this country is a spiritual and a moral crisis and that Democrats need to present a forward looking vision on what a more affordable world could look like or voters are going to continue to fall for the lofty promises of strongmen like Trump. It's a great speech. We'll share it in case you haven't had a chance to watch it yet. But joining me now is Senator Raphael Warnock. Senator, thank you so much for being with us tonight. It was a really great and powerful speech you gave today. You talked a lot about health care and I know this is an issue that you're incredibly passionate about. I just want to ask you about, in light of that, about today's vote in the Senate and the immediate crisis of of 22 million Americans who could see their health care costs skyrocket next month, there were 51 votes in favor and supported the Democratic plan and Senate. That means four Republicans joined, joined Democrats, but needs to be 60 votes. What's the path forward here for people out there who are watching and they're really worried.
E
Good evening. I have been focused on this issue of health care for years, long before I came to the Senate. I'm pastor of Ebenezer Church where I return every Sunday to preach at. And you know, I preach, Jen, every Sunday morning in honor of one who spent much of his ministry healing the sick, even those with pre existing conditions, never billed them for his services. And so my faith is the framework through which I engage all of these issues. It is quite unfortunate that my Republican colleagues have allowed these tax premiums to double on average, for some 22 million Americans. We gave them 13 times, 13 chances this year to get this right. And each time they turn their backs largely on their own constituents, because this is going to hit Americans all across the board, but especially those who are living in red districts. I visit these districts because I represent all of Georgia. And look, look, public policy is a matter of life and death. And in no place is that clearer than on the issue of health care. People are going to see their premium skyrocket. Some will not be able to afford it, and so they will lose insurance. Some will have to make tough decisions about how much coverage they can afford. They may not be uninsured, but underinsured. And it is no exaggeration to say that people will die as a result of this decision. Meanwhile, my Republican friends are focused on giving billionaires a tax cut.
A
You spoke today in your speech broadly. You spoke about health care, of course, you spoke broadly about our nation's affordability crisis. And you called for Democrats to be bolder in what they're pushing for. Help us understand, help people watch and understand some of the kind of tangible, specific things you think Democrats should be pushing for on that front, because I think that's a welcome argument for a lot of people out there.
E
Well, there are a number of issues and we are focused, to be sure, on this question of affordability. It's not a hoax, as the president, who's clearly out of touch, said earlier this week. But one of the things that I'm focused on is housing. You know, housing is more than a roof over your head. It's dignity, it's stability. And housing costs in this country are way out of control. And much of that is driven by the fact that we don't have enough products available. We don't have enough housing. And so the federal government ought to be using its enormous power to get cities, municipalities to build more housing. I mean, we incentivize corporations, we incentivize cities and local areas all the time. And what we ought to be saying is if you want money, federal money for roads, those roads ought to be leading to housing. And if that doesn't work, perhaps the federal government ought to consider getting into some of this itself. We've built homes before, and this has implications not only for home ownership, but also for renters. The median age for people buying their first house right now is age 40. That's unacceptable. And for me, not only is that a public policy issue, it's a spiritual issue. It's about creating the conditions for human thriving. And as people see a growing chasm between what they need and what their government is able to deliver, they give in to despair. They give in to a kind of soul weariness that I described in that speech earlier today, which then makes them vulnerable to the claims of somebody like Donald Trump. Strong men who promise to fix it. Meanwhile, he has presided over the largest transfer of wealth from the bottom to the top in human history, in American history. And we ought to ask ourselves, well, who is he working for, sir?
A
No question about it. Quickly, before I let you go, I could talk to you for hours, but we get into the show. In your speech today, you also spoke about how Trump has expanded the powers of the presidency. We all see that to enrich himself and his friends. We talk about this a lot. But you also said the Democrats should use those expanded powers to help working people without needing to deal with Congress. What does that look like for you? How does that appear?
E
Well, look, the federal government has used its enormous powers before to do things to deliver and to create the context for the change we want to see. We've seen the government, for example, subsidize the research, finance the research that's necessary to create miracle drugs that right now are keeping people alive. But then we've had Big Pharma use those drugs created by taxpayer dollars in ways that render those same drugs unaffordable to ordinary people. And so in the housing space, we ought to lay out a path for building some 5 million homes across our country. It will greatly lower costs. We ought to put our people to work with, perhaps manufacturing drugs. We're seeing some states do this. People need everything from EpiPens to medicine that will lower cholesterol. Meanwhile, we can put our young people to work and give them the kind of education and training that they need. We've got a number of sectors of our society that need to be bolstered by skilled people who can provide child care, who can provide elder care, things that AI jobs, AI technology will not be able to replace in the same way. And so this is about creating hope, which I think is the vaccine for our humanity. It helps us to hold at bay strong men who come with trying to sell us snake oil. And it is part of the medicine that will cause us to turn toward each other other rather than on each other. We all had to participate in healing the soul of our country.
A
Senator Raphael Warnock, thank you for that end. Really appreciate it. We'll be right back. That does it for me tonight. You can catch the show Tuesday through Friday at 9pm Eastern on Ms. Now. And don't forget to follow the show on Blue sky, Instagram and TikTok.
G
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Episode: Tish James, who nailed Trump for fraud, humiliates Trump's prosecutors with third indictment failure
Host: Jen Psaki
Date: December 12, 2025
This episode of "The Briefing with Jen Psaki" unpacks what Jen calls one of "the worst days" of Donald Trump's presidency, emphasizing his weakening grip on power, repeated legal setbacks, failures in legislative priorities, and mishandled political vendettas. The show features in-depth interviews with House Democratic Leader Hakeem Jeffries, attorney Abby Lowell (for NY AG Letitia James), Senator Adam Schiff, and Senator Raphael Warnock—all providing perspective on a cascade of news: failed indictments against Trump's adversaries, immigration fiascos, a devastating Senate health care defeat, and more.
Jen Psaki’s tone is sharp, analytic, and at times acerbically humorous, focusing on Trump’s failures and the Democratic response. The guests echo urgency, outrage at abuses of power, and a call for proactive Democratic solutions. The episode is striking for its sense of history-in-the-making as Trump’s hold on power visibly slips under legal, institutional, and political pressure.
Best for: Anyone looking to understand the current fracturing of Trump’s political influence, the details behind his DOJ’s failed persecution attempts, and the state of major policy fights in Washington.