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All In with Chris Hayes was recorded on August 4th

All In with Chris Hayes was recorded on August 4th

Jeffrey Clark drafted a document that stated that the Justice Department had identified significant concerns that may have impacted the outcome of the election in multiple States, including the State of Georgia. A man accused of Proud Boy secures $980,000 in cash bail. The surge of the Delta variant has consequences for down-players.

Julia Letlow urges vaccine after her husband's death. Arkansas Governor Asa Hutchinson said he regrets banning mask mandates. Shes back.

You are done with your wait. There will be joy tomorrow night. Don't forget to tune in.

Donald Trump's niece, Mary Trump, was among her guests. I will see you at 10:00 a.m. this Sunday. Chris Haynes is the host of MSNBC's "All In" tonight.

Donald Trump's coup was very close to succeeding. The document that could have upended democracy was presented tonight. The DOJ official who tried to help Trump steal the election is no longer with the DOJ.

It is a terrible way to leave this world. I don't wish that on anyone else. We have a solution.

As a governor faces a rise in cases, he admits his anti-masking law is hurting his state. Everything is different. In retrospect, I wish that had not become law.

I'm a man named Chris Hayes. The coup was closer to succeeding than we knew. We know that Donald Trump had a plan to overturn American democracy.

He was trying to keep himself in power over the will of the people. We did not learn the full details of the most damning piece of evidence until yesterday. It is so damning and unnerving that I have spent the last 24 hours wondering if it is not a bigger story.

If the acting Attorney General had signed that document, it would have thrown the United States into the worst constitutional crisis since the Civil War, and it should live in infamy in American history. It is possible that it caused civil unrest and violence. You should know that the document was written by this man.

His name is Jeffrey Clark. He's in a million different ways. The kind of lawyer that exists in Washington D.C. is a functionary lawyer who went to a good law school and worked in a big corporate firm.

He returned to the Justice Department after working in the George W. Bush administration. In September of 2020, he was put in charge of the DOJ's Civil Division. That is not hyperbole at all.

Clark was with Trump. He drafted a document that I talked about. The letter was sent to the Georgia governor, the Speaker of the House, and the President Pro-Tem of the Senate.

Significant concerns that may have impacted the outcome of the election in multiple states, including the state of Georgia have been identified. The Georgia General Assembly has the power to call itself into a special session if the governor doesn't call one immediately, according to the Department of Justice. They want the Georgia General Assembly to use the power given to it by the U.S. Constitution to send their own electors to Washington, and they want the acting Attorney General and his deputy to publicly state the election in Georgia was too fraudulent to be trusted.

The Department of Justice has the authority to do it, according to the letter. It would be a violation of the will of the Georgia voters. The Department of Justice signed on to the coup attempt in its official capacity.

The deputy attorney general's notes released last week show that Trump told the acting attorney general to just say the election was corrupt and leave the rest to him and the Republicans. But his key ally in this is Jeffrey Clark, a previously anonymous functionary, a guy that no one really knows, but who is effectively planning a coup with the President. This is what you get.

The New York Times reported that Clark met with Trump on his own and that the president intended to replace him with Clark, who would try to stop Congress from certifying the Electoral College results. The letter being issued by the Department of Justice in an act that very likely would have precipitated a crisis from which the country might not have recovered. It would have put enormous pressure on the Republicans of the Georgia General Assembly, again dominated by Republicans, a green light from the DOJ and they may very well have gone ahead, appointed their own electors pledged Trump, sent them to Washington.

It would have thrown us into a frenzy if the other states followed suit. One man won and one man lost in the election. The departments remaining senior leaders were briefed on Mr. Clark's efforts to replace Mr. Rosen.

They all agreed to resign if Mr. Rosen were fired, and Trump seems to be swayed by the idea that it would cause chaos at the Justice Department. We were close to a world in which the Attorney General of the United States would publicly release that letter. Jeffrey Clark, the man who was close to committing that grievous act, is just out in the world chilling and making a good living.

He had a new job. He was hired as the director of strategy at the New Civil Liberties Alliance. His colleagues are right there.

They should be very happy. They try to go to court to try to get the moratorium on evictions removed. Good people You wonder what the hiring practices are at the New Civil Liberties Alliance.

Maybe they're not in the office about this guy who wants to kill American democracy, but he can get a job after a lot of this has already been reported. This man plotted with the president to steal the presidency and overturn the election in order to install Donald Trump as a dictator against the will of the people. The reason a mob of Trump supporters attacked the Capitol was because the official mechanisms of power failed Trump thanks to JeffreyRosen.

It's up to you to give it to him. And Richard, they did the right thing. If the Georgia General Assembly calls a special session and sends a slate of electors for Donald Trump, they wouldn't need the mob.

No one should ever hire him again. Jeffrey Clark said he should face eternal public shame. Jeffrey Clark is allowed to get near any institution in this country that matters to him.

He wanted to use a nuclear weapon on the United States of America. There have been no consequences for anyone involved in this mess. They're going to try again if there aren't any.

They came very close last time. Charlie Savage is a Pulitzer Prize-winning Washington correspondent for the New York Times. He plotted with Trump after he caught their piece about Jeffrey Clark.

If you could just tell us a little bit about Mr. Clark's background, it would be clear that he isn't a loyalist like Trump. This person comes up through the mainstream channels of the Republican Party lawyers. Jeffrey Clark seemed to be a standard Republican corporate lawyer.

He went to Harvard Law School, joined the federal society, clerked for a conservative appeals court judge, and then worked for the George W. Bush administration Justice Department on environmental issues. Economic growth is impeded by them. It is only in the second half of 2020 that he starts to rise suddenly and become this pivotal role that you have been describing.

In an acting capacity, he takes over the Civil Division of the Justice Department, and immediately starts signing briefs to go after some of Trump's enemies in court. There is a kind of fringe constitutional theory, but who knows, perhaps a defensible one, which is that state legislators are endowed by the Constitution with "plenary power" to contribute their electors. The Department of Justice gave a legal rationale for the road map.

It is not just saying, hey, go find the votes. Thats right, its saying that you can do this under the authority of the U.S. Constitution. We knew this letter was there.

The initial story about the imbroglio that you showed earlier in the broadcast was reported by my colleague, Katie Benner. As you say, it is a road map. The Trump efforts to overturn the election had a certain comic overtone because the conspiracy theories were so out of place.

The judges were laughing at them. Giuliani had a press conference at the Four Seasons landscaping instead of the Four Seasons Hotel. It was ludicrous until January 6 when we saw people being sucked into it in such a way that it became deadly serious.

There was a conclusion. The end goal was to create an alternative reality in which the Justice Department said the election was corrupted. Trump said that in the notes that you talked about.

Just say it's corrupt and I'll do the rest. It reminds me of the first impeachment where they wanted an announcement of a corruption investigation into Biden, perhaps more than the actual investigation. They were looking for a statement that could run with it.

The statement this election was corrupt to push republicans in the Georgia legislature to send different electors to Washington made a lot more sense. For more than this overt attempt to corrupt the Justice Department and overturn the election, I am joined by a former Democratic senator from Missouri and the author of the book It Was All. When the letter came out, I took my breath away.

I think it would have been a scandal if it came out, because it was such a scandalous document that it would cause a backlash. As I read the letter, I got sick to my stomach because this was a lawyer at the highest level. He laid out what he thought was offensive as a lawyer.

The law is a slave to evidence, for lawyers. There is not one drop of evidence in this letter. There is no solid allegation of anything.

The attorney general, who was in the hall of fame of Trump lackeys, said there was no fraud that would have affected the results of the election. I mean, really weird and crazy things. This guy writes a letter after he says there is no evidence.

The lawyers of America, I have a question for you. Is this guy going to keep practicing law? I wonder if he will be allowed to appear in front of the courts if he has any respect for the rule of law or for evidence?

They came up with a pact to resign. They went to Cipollone This was handed over to the Oversight Committee. The deputy attorney general said this is the kind of dead man's switch, after the acting attorney general repeatedly refused the president's instructions to use the Department of Justice.

To their credit, that was what stood between. The Lincoln Projects senior advisor, Stuart Stevens, said he was not the guy to come to you looking for an optimistic view of this. I think they want to overthrow the electoral process because it's simple.

So, what will happen to this guy? He tries this and it doesn't work. He has a great job.

They're going to sit there, they're going to try to refine their arguments, and they're going to come back. You don't see any remorse. No one is making an apology.

You never think about the people who are up for doing the unthinkable. This guy is what he is. A complete structure that supports him is what he has.

Stuart said that there are two kinds of people in the Republican Party, those who are embarrassed by it and those who are very patient and think they're going to win. You know, theMitch McConnells of the world were the ones who stopped the January 6 Commission. There is a small group of people who say this is wrong, like Liz Cheney and Adam Kinzinger.

We shouldn't have done that. We have a couple of things working in our favor, but by and large, its just denial or cooperation. We have a couple of things working in our favor, but I don't want to make a big deal out of it.

The Republican Party is not growing. Some members of the Republican Party agree with Cheney and Kinzinger. We have to remember that Trump-appointed judges laughed at his lawyers when they tried to go through the courts to get their money back, so I think electorally we are not in a horrible position.

We have a balance of power between the executive branch, legislative branch, and judicial branch. I don't like what the judicial branch has done, but in terms of this election, they did the right thing and said that if you don't have evidence, you don't get anything. That letter is an end-run around the courts and it is fascinating to me.

The reason it's an end-run around the court is because there's a recognition that the state legislators of the Republican Party are the most radicalized and the most sort of, for lack of better phrase, clowns. Chris, you cant look at this letter in isolation, Stuart, because there is a cascade of effects that could have happened. One step in a process is what you have to look at.

What else is going on in that process? So, what are they doing? They are trying to make it harder to vote.

They're doing this in a methodical way across the country. He is supported by the majority of the Republican Party establishment. You can see it reflected in these legislators.

Stuart Stevens, great to get your perspective on this, and you are one signature away from a successful coup. If youve been watching our show at all over the last few months, you know that if we have NBC4 Reporter Scott MacFarlane, it means there is a huge or bizarre update on the cases against the January 6 rioters. Scott is here tonight to explain how a member of the proud boys got a windfall of nearly $1 million into his bank account.

More than 500 people have been charged with crimes since the January 6 insurrection. At least 30 of them are members or associates of white supremacist groups, including this guy, a 30-year-old who is described as a Sergeant at Arms for the proud boys who go by the name of Rufio Panman. He is charged with conspiracy.

Federal prosecutors want to keep him in jail because he has pleaded not guilty. Your dean, who used to work at his father's restaurant, has come up with almost $1 million to bail him out. The Justice Department warned about the apparent influx of $980,000 to offer as a secure bond, as well as the fact that the defendants have not offered the court any information about the source of the funds.

The NBC News4 investigative reporter Scott MacFarlane is with me now and he is the reason we know about the million-dollar offers. "Hey, Chris, there have been thousands of pages of court filings in Scott's case." "Scott, just layout his case here and then what the DOJ says about the fact that he has access to these funds to bond out."

We attempt to read each one. "Sudden windfall of $1 million" was the final paragraph of the Justice Department's latest filing, where they raised this concern. That offer is called a gilded cage offer by the prosecutors.

It raises questions about his continued power. They want to know where the money came from, so we checked and talked to the defense attorney who said the money was raised by family. The court will soon know that, they say.

They didn't go into much more detail. The Justice Department declined comment a few moments ago, but we are now nearly seven months since the insurrection and the man is still in jail. Chris, that is an indication of where these far-right group cases are at.

The Oath Keepers, Proud Boys, and Three Percenters all have plea agreements. There is a long, winding legal road ahead and we have talked about the categories here and some of the dispositions of some of the cases, pleas and very little jail time for folks that were in the more spur of the moment. People who went into the Capitol and then the category of people that the government is accusing of planning and executing it.

The government's case states that he is in that court category again. There is a conspiracy charge against him. The same charge was faced by both Proud Boys and Oath Keepers.

There have been a few plea agreements from the Oath Keepers to conspiracy counts and they have agreed to help the investigators. The proud boys cases might be moving closer to plea agreements according to prosecutors. According to a report on Monday, there were some early talks, but it doesn't seem like we have anything as far along as possible.

The Louisiana Congresswoman who lost her husband to COVID-19 complications is begging her constituents to get the vaccine as the state battles a devastating coronaviruses outbreak. I would have given everything for that to happen. I mean, looking back now, and for someone to turn it away, is heartbreaking to me.

It's easy to lose sight of what critical race theory is, what it's about, and what it really is. Throughout our history and into today, how important it is to American life. The debate we are having is fundamental to our society.

When you ask yourself if race has a side story in America or an essential one in this country, I think it's a good idea to show you some data. We know that COVID disproportionately affected people of color. The data compiled by the COVID Tracking Project shows that black people have died at a higher rate than whites.

The new data shows that Indigenous and Hispanic people have died at higher rates than white people. The increase in deaths, all causes, is shown in the graph. That is about three months into the outbreak.

On the left side of the screen, there are bars that show the increase in deaths among uninsured people. Those are people without health insurance. You would have a high rate because you have uninsured Hispanic people.

Asians, Pacific Islanders are non- Hispanic others. That is Indigenous people in red. There are non-Hispanic white people in blue.

There are Hispanic, Asian, and Indigenous people in this picture. Black Americans are represented by the teal bar after we added in the last group. The deaths of uninsured black people went up three times more than the deaths of uninsured white people.

Let's take a look at insured people. Do you see that? Are you going to see the teal bar again?

It's similar. Deaths among Black Americans increased five times more than they did among white Americans. It is better to be an uninsured white person than it is to be a black person with health insurance.

Maybe it's an income proxy effect. Is it possible to break it down by income. The families with this data are below the poverty level.

A family of four paid $26,200 for these people last year. Again, you can see the teal bar way above the others. Poor black families are six times more likely to die than poor white families.

Basically the same story. Black folks had more deaths than white folks. Even with people in the middle class, families make over $100,000 more than the federal poverty level.

The increase in deaths among Black people was five times greater than the increase in deaths among white people. If you're a poor white person, you're better off than a middle class black person, because you're more likely to die from the Pandemic. That was an important factor during the Pandemic.

There was a bigger increase in deaths among people who had to go to work in person compared to people who could work from home. Blackfoot people who could work from home had an eight times greater increase than white people. You were better off being a white person who had to go to work every day than being a black person who had to go to work every day.

Across all of these different subcategories, one thing remains constant, all of those teal bars towering over a bunch of small bars, those are Black Americans dying at higher rates, no matter how you slice the data. There is a population in this country that is more vulnerable to a respiratory virus because it has no idea what race people are. This is what it looks like when people argue that race is the most important thing in this country, and that anti-Black racism is the most important thing.

They can be found anywhere in the state. He was on the council in Dickinson. Thats his state.

Apley, an official in the Galveston Republican Party, was active in local conservative politics and on the internet, where he frequently posted Bible verses and engaged in right-wing causes. Scott Apley was admitted to the hospital on Sunday and he was diagnosed with chronic bronchitis. He died of the disease early this morning.

He was older than 45 years old. The Texas Republican Party mourned Apley's death and offered prayers for his family. The circumstances of his death aren't mentioned in the statement.

Its because in this bizarre alternate reality thats been constructed in some corners of the American right in the pandemic age, you cant admit the COVID is out there and that its dangerous and it leads to terrible tragedy. The former Republican presidential candidate died from a heart problem after attending a Trump rally. Trump did not mention the cause of Herman Cain's death on his Facebook page.

Two other national Republican politicians also died. The air over their desk was strange, because Republicans have created a view that the virus is not that bad or dangerous, so you can't say anything about it. His death was not mentioned in the Texas GOP statement.

The Louisiana GOP did not mention COVID in their statement after congressman-elect Letlow passed away at the age of 41, weeks before he was eligible for the vaccine, just days before he should have been sworn into Congress. After her husbands death, she told her story and urged others to get the vaccine. I told them that I told them about him.

I would tell him my story. I would have given everything to get that shot for us. For someone to turn it away is heartbreaking to me.

It is a terrible way to leave the world. I don't wish it on anyone else. We know the answer.

Its important for people like Congresswoman Letlow to endorse the vaccines. More of that is happening. Arkansas Governor Asa Hutchinson is regretting a ban on mask mandates because he didnt say anything for a long time.

Arkansas just recorded its largest daily increase in COVID hospitalizations since the start of the pandemic, a result of a 70 percent increase in cases in the last two weeks. The Governor of Arkansas is regretting his decision to sign a ban on mask mandates in April due to the low cases of the Pandemic. If I didn't sign it, it would be passed by the legislature.

Our cases were at a low point and I signed it because of that. Everything is different. I wish that had not become law.

The only way we can change the law is if the courts say it's unconstitutional. Almost 20 percent of the state of Arkansas has COVID cases among children under the age of 18. With less than 40 percent of the state fully vaccineed, you would think Governor Hutchinson could convince the legislature to overturn the ban.

It is difficult said than done. The kind of response the governor is getting as he tries to hold a vaccine town hall across the state. Will someone speak from the corner?

UNIDENTIFIED MALE: Whats in the vaccine? I need the answer. If you inform consent, you tell me what you put in my body.

If Mr. Doctor gives me a vial, I will give you one, you will trust me. It's not a vaccine. We don't know much about them.

A public health challenge brought about by a number of people in the right who peddle disinformation, who have been pushing freedom over Fauci-ism in the terms of Florida Republican Governor Ron DeSantis. "When people on the right talk about freedom, what they actually mean is closer to defensive privilege, specifically the right of certain people, generally white male Christians, to do whatever they want," writes Paul Krugman. Paul, you wrote about Florida.

It hit on something that I have been thinking about a lot. Phil Scott, the Republican Governor of Vermont, has been the best response in the state. Some Republican governors did well.

I wonder if there is an inherent part of conservatism and its skepticism of regulation of negative externalities that has made it so wedded to this kind of bizarre freedom of the grave on things like masks. The New York Times' opinion columnist, Pail Kruger, thinks it's not. It is not even about a reflexive opposition to regulating negative externalities according to the lesson I have taken.

It has been true of something like climate change. The right has told us for a long time that business people should have the right to make their own decisions, which is why the Republican response here in Florida is so striking. If they want to deny service to someone based on their sexual preference, race or freedom, free markets business has the right to do that.

It turns out that it isn't okay. It's against the law for a business to deny service to someone who refuses to wear a mask or provide evidence of vaccine status. This word to them is what we think it means.

I think they're talking about privilege. If all this free-market rhetoric and then suddenly when businesses choose to do something responsible about a pandemic, we are going to crack down on business and force them to go the way we want them. President Obama used to refer to it as a teachable moment.

It has been a fraud all along and I think it is a good point. There's been worse. To me, the single most deranged piece of COVID policy during the entire Pandemic was the signing of an order banning cruise ships from requiring vaccinations.

There are people on your cruise ship. This is a twofer, so I want to use state power to interrupt that. It's difficult to think of anything stupider than not taking precautions on a cruise ship.

It's a petri dish. You can't think of a worse environment for not taking proper precautions. Whatever happened to the sacrosanct rate of businesses to the private sector to make their own choices?

You have this heavy-handed public regulation on the surface of death, which is quite an amazing thing. But that may be the single most spectacularly regulatory, horrible but regulatory action that we've seen. Hes at 44 percent.

Biden has an approval rating that is higher in Florida. Vaccination is kind of like a 60-40, 65-35 issue, you know, for all the things that we've seen around these mask mandates and immunizations. There's a lot of Americans who support it.

It's not even political pandering in the sense of what you're saying about what's ideological regulatory, at least not to the broad public. Sometimes the broad public can be wrong about something. There was a time when the death penalty was popular.

I don't think it's a good idea. You cant explain it that way. I think we should put this in context.

It's all linked together. It makes no sense to me in terms of science. In terms of short-term politics, it makes no sense at all.

Basically white male Christians, but certain kinds of people are not supposed to be hassled. They aren't supposed to be asked to make sacrifice. One of the things I have observed is the extraordinary rage over tiny things.

There was a crazy thing about detergent. It became a symbol because nobody really notices. I think that vaccination, mask-wearing have become symbols of the horrible idea that maybe we are all in this together.

Trent Garner is a state senator in Arkansas. Hutchinson now regrets sponsoring the ban on masks. The mask mandate ban was one of the most important laws we passed.

The left wants more control over you and your children. Public safety is not the priority when it comes to masking. Ive said this a million times in the show, but the left is attacking because they know we are winning.

I prefer not to wear masks. They're important in large indoor public gatherings because of Delta. The most important law you pass, yes.

Its right, Chris. Is it anti-masking thats about power? The statement is about who is in control.

Yes, this is an amazing thing. Yes, of all the hills to die on, to say that you have the right to endanger other people's health, but that is where they've gone. I hope that we can get the school up and running in the south.

I would like to see Delta disappear as quickly as it came. There are a lot of fronts we have our fingers crossed for. Thanks for having me on, Paul Krugman, that is all in on Wednesday night.

Ali Velshi is back on the Rachel Madison show. Ali, good night.

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