Transcript: The 11th Hour with Stephanie Ruhle, 8/31/22

NBC News Clone summarizes the latest on: Ncna1298780 - Breaking News | NBC News Clone. This article is rewritten and presented in a simplified tone for a better reader experience.

Guests: Melissa Murray, Yamiche Alcindor, Jeremy Peters, John Fetterman Gisele Fetterman, Stuart Stevens, Jonathan Allen

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Summary

DOJ opposes Trump request for special master. Judge schedules

hearing tomorrow to consider trump`s special master request. John Fetterman

sits down for first national interview since stroke. Crime becomes focus in

Pennsylvania senate race. NBC News: Democrat Mary Peltola defeats Sarah

Palin in Alaska special election.

Transcript

LAWRENCE O`DONNELL, MSNBC HOST: By four points. Tonight, on the 11th Hour

Stephanie Ruhle will have an exclusive interview with Pennsylvania Senate

candidate John Fetterman. That is tonight`s Last Word. The 11th Hour with

Stephanie Ruhle starts now.

STEPHANIE RUHLE, MSNBC HOST: Tonight, my exclusive interview with

Democratic Senate candidate John Fetterman. His first since having a

stroke, he talks his health, his state, and why he`s game to troll Dr. Oz

on the internet, but not on the debate stage.

Then breaking news as the Trump team responds to a blistering Justice

Department defense in case of top-secret documents at Mar-a-Lago. Plus,

Sarah Palin loses a special election and Democrats pick up a House seat in

deep red Alaska, at least for the next 68 days. As the 11th Hour gets

underway on this Wednesday night.

Good evening once again, I`m Stephanie Ruhle. Tonight, I spoke with

Pennsylvania Democratic candidate for Senate John Fetterman. His first TV

interview since having a stroke and update on his health and how his

campaign against Trump back Dr. Oz is going.

But we start this evening`s broadcast with breaking news in the

investigation at Mar-a-Lago. The next phase of the battle between the

Justice Department and Donald Trump will take place in a Florida courtroom

tomorrow. Both sides will appear before a Trump appointee judge, Aileen

Cannon. She`ll be the one to decide whether to grant the former president`s

plea for a special master to go through those documents that were seized in

his Florida home.

Just a few hours ago, his legal team filed its response to the Department

of Justice`s objections to having a third party review those documents,

citing the need for, "independent attorney client privilege assessments and

executive privilege determinations."

In a court filing revealed at this very hour last night, the Justice

Department said a special master was not needed and revealed a whole lot of

damning new evidence against the former president, including this image of

top secret and sensitive documents which the government says it seized from

inside Trump`s office. We`ll get more from our own Kelly O`Donnell.

(BEGIN VIDEOTAPE)

KELLY O`DONNELL, NBC NEWS SENIOR WHITE HOUSE CORRESPONDENT: The Department

of Justice in a court filing lays out serious allegations in stark new

terms that government records were likely concealed and removed and that

efforts were likely taken to obstruct the government`s investigation. The

DOJ alleges Team Trump provided inaccurate information when they turned

over 38 classified materials at a June 3 meeting, citing this declaration,

where an unnamed Trump associate swore that a diligent search was completed

to locate any and all documents subpoenaed. However, the FBI developed

evidence that dozens of additional boxes remain. Then August 8, the day of

the search, the FBI found over 100 unique documents with classification

markings, including three classified documents that were not located in

boxes, but discovered loose in desk drawers in the 45 office. Pointing to

the gravity of secrets, the DOJ said some FBI counterintelligence personnel

and DOJ attorneys required additional clearances to even review the

documents.

(END VIDEO CLIP)

RUHLE: While Trump appears to be facing serious legal Jeopardy, two of his

lawyers Evan Corcoran and Christina Bobb could come under scrutiny from the

Department of Justice on their own. The New York Times reporting they`re

likely to become witnesses or targets the federal investigation.

With that we`ve got a lot to get to, so let`s get smarter with the help of

our leadoff panel. Yamiche Alcindor joins us, NBC News Correspondent and

Moderator of Washington Week on PBS. Professor Melissa Murray of NYU Law

School, she was a law clerk for Sonia Sotomayor on the federal bench before

her nomination to the Supreme Court, and our dear friend Jeremy Peters,

Reporter for the New York Times and author of the new book, "Insurgency:

How Republicans Lost Their Party and Got Everything They Ever Wanted."

Melissa, walk us through this, Trump`s legal team has now made their move,

break it down for us.

MELISSA MURRAY, NYU LAW PROFESSOR: So this is again, a little bit better

than the initial filing that they made before Judge Cannon but not much

better. It starts off by arguing that there is appropriate jurisdiction

here because the President does have standing and the argument seems to be

that because the Presidential Records Act has no enforcement mechanism.

There was no reason and no enforcement mechanism for the government to

remove those documents from Mar-a-Lago.

Of course, this leaves aside the fact that when the government recovered

those documents from Mar-a-Lago in the search and seizure effort, they were

actually acting under a search warrant that identified several other

statutes beyond the Presidential Records Act. Those are not mentioned in

this filing at all.

[23:05:06]

The filing also notes that it`s not going to get into any of the DOJ`s

notes about the timeline, the back and forth between the Trump

administration about the recovery of these documents, and indeed about the

DOJ`s bombed. So they dropped last night that many of the documents might

have been part of a mission to be moved or to obstruct the investigation

going forward. All of that the Trump attorneys say they`re going to leave

to the side. That`s quite a lot to leave to the side, even as you`re asking

for the court to appoint a special master. And so, judge cannon will take

this up tomorrow in that courtroom in Florida. And the question will

remain, if there`s already been a review of privilege thus far by the FBI,

what is the need for the special master going forward? I`m not sure the

Trump team has adequately made the case in this filing.

RUHLE: Melissa, in the last hour, Neal Katyal said this move by Trump`s

lawyers, it`s not a real legal filing. It`s a PR filing. Do you agree with

that?

MURRAY: I think a lot of the filings have been more like rants than typical

legal filings. I will say that this one is marginally better than the

initial filing for the special master that was made before Judge Cannon.

But again, as I said, when we talked about that earlier filing, it was

pretty shoddy. So the bar is really on the floor. And this is slightly

better. But that`s faint, praise.

RUHLE: Yamiche, Trump has been all over social media for the last few days,

is this a window into what`s going on in his world right now? Just bang,

bang, bang, bang, bang, bang, bang, as he`s watching cable news and

avoiding lawyers` calls?

YAMICHE ALCINDOR, PBS WASHINGTON WEEK MODERATOR: Stephanie, I think that

that`s a good summary of what`s going on right now. And talking to people

who are close to President Trump, and just watching the way that he is sort

of dealing with this, he is continuing to deal with this legal issue as a

public relations issue. I mean, you`ve seen this sort of evolution, where

at first, he was calling it a hoax and saying that this was all made up.

And then when you have the actual pictures coming out showing the

documents, he`s then trying to mislead everyone by saying, well, really,

this is the FBI trying to make it look even worse, as if laying them --

laying up a document is somehow proving some malice on their part, when in

fact, this is just really sort of what law enforcement agencies do. We`ve

seen this, if anybody who`s covered policing or covered drug busts, this is

what police do. And we`ve now seen the president, the former president,

Donald Trump, now start to say, well, they took this out of cartons and

these documents were there.

Again, admitting them that these documents were there, that these

classified materials were there, I think that it`s going to be very

interesting to continue to see how the Republican Party and allies of

President Trump deal with this. Because as the evidence comes out, and as

it becomes even more clear of the sort of accusations that former President

Trump is facing, it seems as though that this is really going to be

morphing into even more of a legal problem here, even though when I talk to

people who are close to President Trump, and I talk to Republicans, they

don`t feel like this is going to be some sort of really serious in it`s

going to somehow politically hurt him to the point where he`s not going to

be the leader of the Republican Party. But of course, everything is still

unfolding as we speak.

RUHLE: Some Republicans might think that but others not so much. Former

Bush Adviser Karl Rove was on Fox News earlier tonight, and I want to share

what he said.

(BEGIN VIDEO CLIP)

KARL ROVE, FORMER BUSH ADVISER: Well, let`s just be clear on this, none of

these government documents are his to have taken. I agree with the deputy

director, who said that a lot of the former president`s problems are of his

own creation. You can`t -- under the Presidential Records Act of 1978 you

cannot take original documents with you when you leave the White House.

When there is the president of the United States or any of his aides, you

know -- that`s forbidden under the law.

(END VIDEO CLIP)

RUHLE: That appeared to be Karl Rove on Fox News, making the Department of

Justice`s argument, is this support starting to crumble over there, Jeremy?

JEREMY PETERS, THE NEW YORK TIMES REPORTER: Well, I think it within the

Republican Party, no. I mean, let`s not forget who Karl Rove is, right?

Like he`s a bush, Republican. And I think that under the Bush rules, which

were normal presidential rules, where you abide by the standards and the

norms of the office, and you have a respect for the office and a respect

for the rule of law, which President Trump does not. That`s exactly what

you would expect to happen. Of course, President Bush -- both Bushes gave

back the documents that were supposed to give, they never took them out of

the Oval Office, or the White House in the first place.

But President Trump has so obliterated the norms and the expectations that

his supporters and that most Republicans now have of a president that I

really don`t think Karl Rove`s words matter much here, like yeah, he can

sit there in Aspen and talk about this egregious wrong that President Trump

has committed, but it really doesn`t matter to his voters, to Trump`s

Voters and to most voters in the Republican Party at this point.

[23:10:03]

And if he were to be indicted for these document removals, which I don`t

think we see as a real possibility at this point. I mean, it`s a

theoretical thing, but the Georgia case is probably much more serious for

him, even if he were to be indicted on either one of those things. What

does that do, that just supercharges his momentum going into the Republican

nomination in 2024? The -- his voters don`t care about what laws he`s

broken. They see him as a victim because he tells them, that`s what he is.

And I just think that this is the reality we`re dealing with. We`re not

dealing with laws and norms and ethics. We`re dealing with his -- interpret

his -- the way he has presented himself as a constant victim, and somebody

who is perpetually agreed.

RUHLE: Yes, but of course, there are not enough of those Trump voters to

have kept him in office. If there were, he wouldn`t have needed to steal

any documents and bring them to his house in Florida. He`d be living in

Washington and no surprise, Trump`s biggest allies are doing what right

now, bringing up Hillary Clinton.

I want to share our own Hallie Jackson has more on that part of the story.

(BEGIN VIDEO CLIP)

HALLIE JACKSON, NBC NEWS CORRESPONDENT: Some conservatives have suggested

Mr. Trump should be held to the so-called Clinton standard, arguing if

Hillary Clinton was not prosecuted for her handling of classified

information. Mr. Trump should not be either.

UNIDENTIFIED MALE: I`ll take it in terms of the result.

JACKSON: But experts say this is not that for several reasons. For example,

the FBI at the time cited a lack of an effort to obstruct justice.

UNIDENTIFIED MALE: We do not see those things here.

JACKSON: But in Mr. Trump`s situation, it`s complicated.

CHUCK ROSENBERG, FORMER U.S. ATTORNEY: That investigation of Ms. Clinton is

over. And so, we know the facts. This investigation of Mr. Trump is

ongoing. And so, there`s plenty of stuff we don`t know.

(END VIDEO CLIP)

RUHLE: Yamiche, just from what we do know, the DOJ evidence seems a lot

more damning that what we saw in the Hillary Clinton situation, are his

supporters really going to roll out about her emails again?

ALCINDOR: They`re certainly going to do that, and certainly are doing that,

Stephanie. And I think that crystal line, the crystallization of what`s

going on here was that line from Hallie Jackson`s reporting where it said,

this is not that and I think that that`s underscores to where we are, this

is not Hillary Clinton`s email. This is, according to these files much more

serious.

That being said, what we do know is that as Jeremy just said, Trump

supporters are going to do what Trump supporters do, which is rally around

him, they`re going to want to make sure that people think that he`s

continuing to be a victim. I was -- I`m just fresh off a trip to California

where I was interviewing some Republicans, and actually the ones that I

talked to, they were against former President Trump, they were saying that

he is problematic that he`s -- apart from sort of the document issues.

There`s big lying about the 2020 election. But they also acknowledged to

me, Stephanie, that they are an anomaly in this party. This party is a

party that is absolutely still taking and led by Donald Trump.

And what you see there on social media, what you see there in conversations

with Republicans who are close to the president is then continuing to make

the case that Hillary Clinton is a villain, that former President Trump is

in fact, someone who Democrats are just targeting and that the DOJ and FBI

are targeting because he -- they don`t want him to run for president again,

when in reality, we saw this week that there was real evidence there and

real probable cause, at least according to the DOJ to go into Mar-a-Lago.

And they did recover, at least by their accounting, these classified

documents. So, I think we have to go back to what Hallie Jackson said, this

is not that, but Republicans will continue to make that case.

RUHLE: And Republicans have yet to make any argument as to why he had any

of these documents to begin with.

Melissa, let`s talk about Trump`s lawyers, because it sounds like some of

them could be in trouble. Politico is reporting that one of his attorneys

signed a sworn statement for the New York AG that she had searched his

private residence for any of these records before the FBI search took

place. And obviously, there was a lot there. What kind of trouble could she

be in?

MURRAY: Well, a lot will turn on her state of mind. Stephanie. If she did

this and made that statement with knowledge that this was not the case,

obviously, that`s a really big problem for her. If she made the statement

based on information that was provided to her and she misrepresented

inadvertently, that`s a different story entirely. But right now, we don`t

know what her state of mind is. And that means she`s likely a target, if

not a possible prosecution and certainly as a witness to what went on

there.

And if in fact, she is a target of the DOJ and they`re thinking about

prosecuting her for false statements or making false statements to the

government, then I think it`s very unlikely that she`s going to want to be

in a position to go to jail over all of this. And that may mean she`s an

especially right target to be flipped as a cooperating witness for the

government.

[23:15:09]

So, her legal Jeopardy not only presents jeopardy for her, it ostensibly

presents some legal jeopardy for the former president. And I`m just going

to underscore I`ve been saying this all day, MAGA is not Make America Great

Again. It might actually be making attorneys get attorneys and that`s what

we`ve seen here.

RUHLE: Making attorneys get attorneys, as always every election every year,

every controversy, lawyers win, every damn time.

Yamiche Alcindor, Jeremy Peters, and our favorite lawyer Melissa Murray,

thank you so much.

When we come back, John Fetterman, he turned down Dr. Oz for a debate. But

he said yes to a sit down with us. His first national interview since his

stroke three months ago.

And later, another Trump endorsed candidate Sarah Palin goes down in

Alaska. A big upset as Democrats pick-up a seat they haven`t had in

decades. We`ll ask our political experts to tell us what this means, as the

11th Hour just getting underway on a busy Wednesday night.

(COMMERCIAL BREAK)

[23:20:47]

RUHLE: He`s a lieutenant governor, a former mayor and right now the poll

leading Democratic nominee for the Senate from Pennsylvania. But there`s a

lot more to John Fetterman than that, the six-foot Fetterman is still on

the recovery track, after he suffered a stroke just days before winning his

primary back in May. And now his opponent TV, Dr. Mehmet Oz is trying to

use that to his advantage.

(BEGIN VIDEO CLIP)

DR. MEHMET OZ (R) PENNSYLVANIA SENATE CANDIDATE: I`ve said all along as a

physician, I have tremendous empathy and compassion for how challenging it

is to bounce back from a stroke. I offer John Fetterman numerous

opportunities to explain to me how I can make it easier for him to debate.

But at this point, since he`s given numerous reasons for not showing up,

including the fact that didn`t have time in his schedule, I`m of the

opinion that he`s hiding his radical views.

(END VIDEO CLIP)

RUHLE: Well, I asked Dr. Mehmet Oz if he`d like to sit down for an

interview and he didn`t say yes. But John Fetterman did and I spoke with

the Lieutenant Governor and his wife, Gisele, just a few hours ago. Take a

look.

(BEGIN VIDEOTAPE)

RUHLE: John and Gisele, it is good to see you both. John, you and I know

one another relatively well. But we haven`t seen each other. We haven`t

spoken since your stroke back in May. How are you feeling?

JOHN FETTERMAN (D) PENNSYLVANIA SENATE CANDIDATE: Yeah. I`m feeling

amazing, actually, the truth is that I actually feel much better than I

have felt in quite a while, honestly, that`s the truth. Walking for five

miles every day, and making sure that we`re taking all the medication that

the doctors have all described, and just actually feel fantastic.

RUHLE: Gisele, John has credited you with saving his life. Was there ever a

point over the last few months, maybe even today, where you`re saying, why

are you running for office, focus on your health and our family?

GISELE FETTERMAN, SECOND LADY OF PENNSYLVANIA: No, I mean, I waited to see

what the doctors thought, you know, I`m not a doctor, the doctors all said

that he will make a full recovery and that he`s more than in fit and shape

to do this to take the sun. And I`ve always thought if you have the ability

to make lives better, it`s your duty to do so. And I`ve seen John make

lives better, so many times. And I think that`s what he`s supposed to do.

So, I support them. And yes, I did save his life, and I will never let him

forget that.

J. FETTERMAN: Yeah, she did save my life. And then I, you know, it`s that`s

the truth, she recognized that I was in the middle of a stroke. And even at

the time, I was still committing to wanting to go to a campaign event. But

I`m just so grateful that I not only that I survived because I was close to

this top stroke facility. And I was able to get there quickly. And that has

allowed me to survive and to be now running a very successful campaign

right now as a result. And the only lingering issue is every now and then I

will have auditory processing. And I might miss a word every now and then.

Or I might mush two words together anything but that`s really the effect

now.

RUHLE: Does that mean you`re having any neurological problems, I mean, to

not be able to hear a word here and there, one might think there`s other

problems besides just that, or it`s connected to something more serious?

J. FETTERMAN: It`s just that, it`s just basic auditory processing. And

there`s expecting to have a full recovery over the next several months too.

Remember that just a little over three months ago, I was in a stroke that

really would have ended my life. But unfortunately, I was particularly to

the hospital. So, I just remind everybody that my health now is robust, and

I`m able to live a normal life, driving, going to the grocery store. Not

looking for accreditation, but you know, nobody can really, you know, see a

difference between the life the way I`m, you know, leading. It`s just the

fact that every now and then I`m going to miss a word or mush together and

that continues to get better and better.

G. FETTERMAN: And I think --

RUHLE: Your opponent -- yes?

G. FETTERMAN: Sorry. I was going to save, you know, like any other American

family that has a health crisis, dealings differences that we`ve had to

heal through it very publicly.

[23:25:06]

RUHLE: Republicans, opponents are -- they`re making the argument that

you`re too sick to govern. You said, they think it`s funny to mock your

recovery. How do you convince voters you can do this job?

J. FETTERMAN: First, their approach, I always just would say, desperation

is the worst cologne. And they understand that Dr. Oz this campaign is in

shambles. Whether you look at the polls, you look at the fundraising, you

know, they`ve just figured out that, you know, let`s appeal to folks that

get their jollies, you know, making fun of the stroke dude.

And again, if that`s your story, tell it the way you got to. But he really

should own those words. And he should just acknowledge that as a doctor,

you are going around making fun of somebody that had a stroke. And when you

look around and realize that there`s Pennsylvanians all across the state

that have serious health crises in their own life, and I don`t think

anybody would want a doctor in their lives, making fun of them or laughing

at their circumstances, but I just happen to have a doctor in my life to do

just that.

RUHLE: You turned down Dr. Oz`s invitation to debate. What made you come to

that decision? And do you think you`ll debate him before the election?

J. FETTERMAN: Oh, again, as I just said, this is just a sad approach at

this point, because they are trying to not focus on the condition of their

campaign right now. And when they want to get into a serious conversation,

and really talk about having a debate, I`d be happy to engage in that. But

right now, the fact that they have chose me to have a deeply unserious

campaign to just ridicule somebody that is just recovering from a stroke.

RUHLE: Take me to the campaign trail, what are voters telling you is their

top issue. Because just a couple of months ago, it was all about gas prices

and inflation and issues some people said was the problem for from hell for

the President. Today, what are you hearing?

J. FETTERMAN: What I`m hearing is that when they are so glad to see that

I`m healthy and that it`s going great. And it`s astonishing that just a few

days ago, we were in Mercer County, a very deeply read County, and we had

450 people there, which is remarkable. And I think everyone`s excited

because they want a genuine, actual Pennsylvania resident, and somebody

that actually understands what are the important issues are. And I think

people also understand really what`s at stake in this -- at this election

right now.

And now with Dr. Oz, now just being caught saying that, you know, every

Abortion is murder. And right now, there`s a stark choice between us right

now, too. And people I think understand that.

RUHLE: Do people in Pennsylvania understand that? Because to your point,

Dr. Oz has flip flopped on abortion, but now he`s saying it is murder for

those who believe life starts at conception Doug Mastriano is running for

governor. He is against all abortions under any circumstances. Do

Pennsylvania voters know that abortion access could become an issue?

J. FETTERMAN: Nobody really knows what Dr. Oz believes. I don`t even think

Dr. Oz knows what he believes. Here`s that an individual that was fined

over a million dollars for selling magic diet pills now, so if you`re

willing to sell those kinds of products, and swindling people out of their

money, who knows what they really believe? And because right now is very

clear that this is a very one important election. But we stand on the right

side that I believe a majority of Pennsylvania voters understands.

RUHLE: Besides what Dr. Oz stands for, and what he`s offering, how do you

serve all Pennsylvania voters? It`s a very big state, right? Think about

Western PA, in Pittsburgh where the economy was thriving before COVID,

filled with tech companies and universities. There`s probably all sorts of

people, they`re thrilled about student debt forgiveness, but go 30 minutes

outside to Beaver County, where there`s likely voters who are saying, I

just wanted to kindergarten, I want to go to fifth grade. How do you serve

both voters? We`ve got a complicated economy, people want very different

things?

J. FETTERMAN: I just think people need to understand what that and be able

to recognize, you know, what their lives are really like. And we believe

and we know that we actually do that, very important too. And, you know,

living in western Pennsylvania, living across the street head actually the

way we`re having this interview right now, right across from a steel mill.

We have to understand that we all can`t work at Google or we can`t all be

working at a hospital. We have to make sure that we are making more stuff

here in Pennsylvania and in America and we also have to make sure that we

have to make sure that we address to an obscene minimum wage, and how can

we now running for the Senate, and you own 10 homes, and you are not

unwilling to raise a minimum wage above $7.25 an hour?

[23:30:22]

I mean, we all know that Dr. Oz does live in New Jersey. But the simple is

important to recognize how can you understand the life of a Pennsylvania

resident if you have nothing to be able to serve one that has no clue on

what life is like living here in Pennsylvania.

G. FETTERMAN: But also, being on the road -- read parts of the state and

blue parts of the state, we`re not really all that different, right? You

know, parents want their kids to go to a safe school. They want to be able

to retire comfortably. They want to be able to raise their families well,

so we do vary on issues. But at the end of the day, we`re a lot more

similar than not.

J. FETTERMAN: Yeah. You know, we`ve always run a very 67 County campaign.

You know, we`ve been to every one of Pennsylvania`s counties red or blue

four or five different times. And I`m pretty confident that Dr. Oz has even

been to every one of the counties, you know, because he is just parachuted

in, you know, less than a year ago.

RUHLE: Are you trying to win that deep red Maga voter? If you`ve got

someone who is still supporting Donald Trump, who just this week, said he

should be reinstated as president? Or Doug Mastriano, who was outside the

capitol on January 6, are you trying to win that voter?

J. FETTERMAN: No, we`re not trying to win a red county, I mean, this idea

that you`re going to turn an 80/20 Trump kind of county to blue, that`s not

the goal. The goal is to make sure that we are having the conversation with

every person here in Pennsylvania. And we are going to because we have been

able to jam up the margins in those as well, too. That`s the secret,

honestly.

And if you look at the results in the primary as well, out of 54 of the red

counties in Pennsylvania, our campaign, we got more than votes in the 25 of

these counties, more votes than Dr. Oz and his primary too. And that`s

remarkable. And that really demonstrates that one or plenty people there

that appeal to the kind of campaign that we`re running, and also

demonstrates how very little Dr. Oz has to offer a lot of these places as

well.

RUHLE: One thing that you are winning in before we go is trolling, hardcore

trolling, social media trolling, using New Jersey, using Snooki to go after

Oz. It`s obviously entertaining, it`s getting a lot of attention. But does

any of that matter to voters who care about their day to day lives?

J. FETTERMAN: Oh, absolutely. People do understand how it is very

important. How can you -- if you -- can`t if you can`t recognize a life

here in Pennsylvania, how unpossible can you go to D.C. to fight, to make a

life in Pennsylvania better. And it also the kind of campaign we run as

always is very -- it`s never nasty, you know, that`s a, you know, Gisele,

was always very inspiring in that way, too. It`s always kind. And it`s we

you know, we only traffic and truths too, whether you`re looking for

crudities or talking that Dr. Oz lives in New Jersey.

G. FETTERMAN: But if there was no fun in politics, right politics would

just be completely unbearable. So, we really are trying to normalize

kindness and politics. But fun, right, we have to have fun doing this. And

I think we`re doing it in the way that`s kind and it`s really drilling on

messaging. And it`s also reaching a demographic of folks who may not have

been engaged to vote and to participate. And we`re bringing them into the

loop and to our team as well.

J. FETTERMAN: And on nasty Dr. Oz continues to behave, you know, we`re not

going to respond with the same. And we`re just going to continue to running

the kind of campaign that we`ve always been running in all of 67 counties

here in Pennsylvania.

RUHLE: Well, it is good to see you both and good to see you in such good

health and on the road to recovery.

G. FETTERMAN: Thank you so much. Thanks for having us.

J. FETTERMAN: It`s so grateful to be here. Thank you so very much for

having us.

(END VIDEOTAPE)

RUHLE: And while Dr. Oz did not agree to sit down for an interview with me,

he will be joining the former president in just a couple of days on the big

stage in Pennsylvania. How is that going to play out with voters? When the

11th Hour continues.

(COMMERCIAL BREAK)

[23:38:14]

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Far left John Fetterman is too far left. He`s

dangerously liberal on crime.

J. FETTERMAN: Dr. Oz and his Gucci loafers is attacking me on crime. Dr. Oz

win last two hours here in Braddock.

(END VIDEO CLIP)

RUHLE: As you just saw crime is one of the big issues on the Pennsylvania

Senate race. And both candidates are hoping that it will help move the

needle. The latest Emerson College Poll gives Fetterman a narrower four

percentage point lead.

For more, let`s bring in Jon Allen, Senior National Politics Reporter for

NBC News and Stuart Stevens, Veteran of the Mitt Romney and George W. Bush

Presidential Campaigns. Now, with the Lincoln Project. Stuart, you have

worked with all sorts of campaigns over the years. Now, you got a close

look at John Fetterman, what do you think?

[23:40:00]

STUART STEVENS, THE LINCOLN PROJECT SENIOR ADVISER: I think it would be a

great campaign to work for. They are having fun and people -- it`s not a

bad sign of who`s going to win the campaign as to which candidate is

enjoying the campaign the most, people like what they`re doing well, and

when things are going well, and clearly, they are in the Fetterman

campaign.

Look, I think he got to hand it to these, that campaign. And to him,

they`re running us who the guy is. He`s not trying to change himself. And

it particularly matches well against a guy like Oz, who is just the sort of

cartoon character of somebody who has no idea why he`s running other than

just sort of naked ambition and can`t articulate any policy, which is a

general problem Republicans have and they`re beginning to realize it, they

don`t have any policy in this campaign.

RUHLE: Yeah, John Fetterman is not changing who he is. That guy wears a

hooded sweatshirt 365 days a year with shorts. Jon, I want you to take me

to the state of Pennsylvania because when I think of PA, I think of Western

Pennsylvania Rust Belt, I think of mainline Philly suburbs. So, explain the

Republican calculation to go so hardcore anti-abortion, whether it`s Dr.

Oz, or Doug Mastriano? Is that what Pennsylvania voters want?

JONATHAN ALLEN, NBC NEWS SENIOR NATIONAL POLITICS REPORTER: That`s a great

question, Stephanie. And let me just compliment you on that interview was a

fantastic interview from the perspective of news. And also, it was

interesting to watch Fetterman. I`ve covered the Senate for about 20 years.

And I would say he would be the upper echelon in terms of ability to

respond to questions among the senators. I`ve watched over that period of

time.

As far as Pennsylvania goes, look, most voters in Pennsylvania don`t think

that there should be a total ban on abortion, which is a position that Dr.

Oz has taken and took it may and now he`s trying to change that position.

That is seen as extreme by most Pennsylvania, the vast majority of

Pennsylvania voters as it is by the vast majority of American voters. And

that`s the question that`s on the table right now, before Roe was

overturned, before the Dobbs decision, there was a question of whether

abortion should be legal in most cases, based on the Supreme Court ruling

now that`s been reversed.

RUHLE: Stuart, Donald Trump has already endorsed Dr. Oz. Trump supporters

are going to be Trump supporters until the end. Oz joining Trump on a stage

in the next few days. Is that a good thing? Because this is a time when

there are independent voters that are up for grabs. And Trump`s only gone

one direction farther to the right?

STEVENS: Yeah, look, this is the Faustian bargain that Oz made, while the

whole Republican Party made her Trump. And what people forget about fastest

and that`s the stuff leads not only takes your soul, he doesn`t deliver on

what he promised. So, you`re damned if you do, if you`re inside the Oz

campaign and damned if you don`t, if you avoid Trump, it looks terrible.

And, you know, he`ll attack you. So, you`ve got to show up and you got to

be with the guy.

And look, this is an ideal setup for what Democrats wanted. They wanted as

a -- in 2020, they want to put Trump on the ballot. They want this to be a

referendum again on Donald Trump. You know, Donald Trump says we should

have another election. Well, if this was England, we had a snap election,

Trump would get killed. I mean, it wouldn`t even be close. So, it`s a

terrible position that Republicans are in withdrawal. They know it, they`re

trying to deal with it tactically here and there in states, but Trump isn`t

going to go away. He wants his campaign to be about him. And he wants it to

be a referendum on self. And that`s what he`s trying to make it and it`s

hurting all these candidates.

RUHLE: He`s not going away, but maybe some of these candidates will

remember, he didn`t have enough supporters to win an election. Both of you

gentlemen are going to stay with us. We`re going to take a quick break. But

when we come back, it`s another loss connected to Trump. This one Sarah

Palin, it means a major democratic win in a very, very red state. More on

that and the very bad week for the guy who endorsed her. When they 11th

Hour continues.

(COMMERCIAL BREAK)

[23:48:38]

RUHLE: We are following some very big breaking political news out of

Alaska. Sarah Palin has lost a special election to the U.S. House. It is a

pickup for Democrats, the winner, Mary Peltola. She will be the first

Democrat in that seat in decades in the first Native American -- the first

Alaskan Native ever.

Jonathan Allen and Stuart Stevens is still with us. Jon, huge upset in the

very red state of Alaska. What`s your take here?

ALLEN: Well, number one, huge news for the Democrats. This is their second

straight, special election in a competitive environment, which they were

supposed to be feeling headwinds, where they`ve won. So, you had New York`s

19th District, just last week, and now you`ve got Alaska. Of course, you`ve

got a different voting system now, right choice. And I think another big

takeaway from this is that rank choice voting system really gives voters

the ability to reject the candidate that they liked the least. And in this

case, it was Sarah Palin.

And so, it`ll be interesting to see whether that system is adopted

elsewhere. And again, we`re going to see these candidates on the ballot in

November for a full term. So, we will get another look at the new Democrat

Peltola and Palin and Nick Begich again, but for the short term, big win

for the Democrats tonight.

RUHLE: Stuart, before the Dobbs ruling, man, we`re out registering women in

Alaska three to one after the ruling that flipped women were up seven and

we saw a surge in New Democrats registering to vote. What is this trend

tell you?

[23:50:12]

STEVENS: Yeah, you know, I don`t really think we`ve seen anything like this

that I can remember, in politics for a Supreme Court decision is having a

big impact politically across the board. There was a significant shift in

the generic vote Democrat versus Republican that occurred after the ruling.

I think it`s one of these cases where in previous elections, and this

makes, I think, since a lot of the energy in the abortion movement was

those who are against abortion. So now we have Roe v. Wade, has been

repealed. So, the energy has now shifted, you can`t just look at the

percentage and so more people are pro-choice than not. It`s is this

something that you are making your vote dependent upon? It`s the sort of

thing again, and regression analysis and polling. And when you`re beginning

to see I think that more and more voters are being driven by this issue.

And I think that`s overwhelmingly going to favor of Democrats in this

election.

RUHLE: Jon, earlier in the show, Jeremy Peters was talking about how

powerful Trump is, how the party has blinders on, and they are afraid of

them, and they continue to follow him. Do you think that is still the case?

Because look at this race, another Trump-endorsed candidate gone down, his

legal problems are only getting worse. And we`re watching Republican

candidates in a number of states start scrubbing these abortion policies

off of their platforms as though it never happened. What does that tell you

about where the party is?

ALLEN: There`s a real catch 22, Stephanie, for Republican candidates, if

they go against Trump, there`s a reasonable likelihood that they will be

defeated in primaries, and they can benefit from being with them. But then

they get to the general election as Trump candidates and they`re being

rejected by general electorate. So basically, what they can do is get

themselves into the general and then mess up -- mess it up in the general.

This is terrible news for Republicans in terms of how their party moves

forward with a leader that is toxic to majority of Americans.

RUHLE: Stuart as long as I have to here, I do want to go back to Trump for

a moment and the Mar-a-Lago search and really Merrick Garland. Given

everything that we`ve seen, and we don`t know all of it already, at this

point, if Merrick Garland doesn`t charge Trump, then what? How will we look

at the DOJ?

STEVENS: Oh, Lord, I have no idea. I think what`s happening here, though,

is a slow process of restoring confidence in these basic institutions of a

civil society. And that`s what Trump and the Republicans have attacked.

They`ve attacked the judiciary, they`ve attacked the FBI, they`ve attacked

law enforcement, they`ve attacked the election system, where the essence of

an election system is somebody has to be willing to lose and they`re not

willing to lose.

So, you know, ultimately something like the actions of the Justice

Department should be boring. It should be slow. It shouldn`t be big and

dramatic. And I think that Garland is restoring that faith slowly. I have

no idea. I think anybody would be kidding themselves. They have any idea

how this is going to end up. But I think that it is clear that this is a

thoughtful, careful process that the Justice Department is going through.

RUHLE: Dare to be boring, we shouldn`t be so lucky, boring would be good.

We could all use that right about now. Jon Allen, Stuart Stevens, thank you

both for joining, always good to see you.

STEVENS: Thank you.

RUHLE: When we come back, just when you start to think it is time for the

big finale, Serena update when the 11 Hour continues.

(COMMERCIAL BREAK)

[23:58:25]

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Serena Williams just supreme in the final set when she

had to be.

(END VIDEO CLIP)

RUHLE: The last thing before we go tonight, the comeback Queen, the

everything queen. You know, we could not end this program this evening

without an update on Serena Williams and her historic US Open ran. The 40-

year-old tennis legend continued her winning streak and her career tonight,

beating the second ranked tennis player in the world in a hard fought three

set battle. Celebrities packed the stands yet again this evening for the

Serena show, including another queen in her own right, you just saw her on

the screen, the great Dionne Warwick and if she was saying a little prayer

for Serena, it definitely worked. Here`s what Serena had to say about her

career extended.

(BEGIN VIDEO CLIP)

DIONNE WARWICK: You are taking your time evolving away from tennis. What do

you say about that?

SERENA WILLIAMS: You know, it`s no rush here. I`m just -- I`m loving this

crowd -- oh my goodness, it`s really fantastic. So, there`s still a little

left in me, we`ll see the neck. We`ll see.

(END VIDEO CLIP)

RUHLE: I don`t think I`ve ever seen Tiger Woods smile that big. And I would

say there`s more than a little left in Serena. And while we anxiously await

round three, we can all catch Serena playing doubles tomorrow night. with

her sister Venus and after that we will see you right here at 11.

[00:00:04]

And on that note, we wish you all a very good night. From all of our

colleagues across the networks and NBC News, thanks for staying up late

with us. I`ll see you at the end of tomorrow.

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