mr. chairman there are 24 eyes and 16 nose the ice habit and the committee report as amended is ordered reported favorably to the house I now recognize the ranking member the gentleman from Georgia Thank You mr. chair pursuant to Clause 2 of rule 11 I hereby to give notice of intent to file dissenting views for the inclusion into the report the notice is duly noted members will have two days to submit views the committee report will be reported there's a single amendment in the nature of a substitute incorporating all adopted amendments and without objection staff is authorized to make technical and conforming changes this concludes our business for today thanks to all of our members for attending without objection the markup is adjourned there you have it the House Judiciary Committee voting just now to hold the Attorney General in contempt of Congress Carolee more history made on Donald Trump's watch yeah and I think the question now is how far does all of this go you know what do they do now what else to to what we were talking about earlier how much does do the Democrats decide that the way to fight this is to just go try to go toe to toe with the president and you know they haven't really they seem to have been caught a little off guard by the way that this the White House has decided to play this and so it's not clear that they would have that strategy that's going to be effective when we were saying like we talked we were trying to go up against somebody who's not playing by the rules because Congress as an institution is its rules and procedures and those are their weapons and you know the first is a president that's shown that he's can be effective in tearing those down it lets us remind our viewers what what this was about this was about congressman Nadler and you talked about the court fight I think it's important to remind our viewers before viewers remind me congressman Nadler has taken some steps I mean one of the legal standards if this ends up in court this is all about concrete chairman Adler's request for an unredacted copy of the Mulla report this is all about trends Aaron see this is all about that cover story that was told which made the Justice Department's Hill hire the one they had to climb in terms of now trying to recapture some of their credibility by hiding that by distorting that in Robert Miller's view from the public I think the imperative for Democrats grew today House Judiciary Committee voting to hold the Attorney General in contempt of Congress for refusing to turn over an unredacted copy of the Malheur report refusing to turn over the document also for not showing up actually he was asked to come testify he said he would come testify he testified before Republican Lindsey Graham's committee and then when it came time for the Democrats to question him on the house side he said I'm not showing up so I think it's both about the documents it's also about testimony where is this going this is most certainly going to a full vote on the House floor where I think probably you'll see a party-line vote where the full house will hold bill Barr in contempt but this is kind of a warm-up for the larger issue which is if there is a broader constitutional inquiry into the president's conduct whether or not there were high crimes and misdemeanors whether or not he abused his oath of office whether or not he is abusing power which is essentially the prelude to impeachment if they are if there are investigations if there are hearings will the executive branch play ball right now the Trump administration's position is we're a Banana Republic unless you can physically drag somebody and sit them down in a chair handcuff them behind their back they're not going to answer your questions that there's no respect for the rule of law under that doctrine so we the president has basically said we're a Banana Republic we're not participating in any constitutional order and I think the Democrats are gonna have to think about long and hard you know is this a moment where that in itself is an obstruction that in itself is an abuse of power that requires a constitutional reaction so I understand and I agree with the analysis that's coming from the president but who are the architects of the legal strategy and we've talked a little bit about Emmett flood this week because he's a member of the White House counsel's office who wrote a letter really trashing Robert Muller's sort of conclusion of his investigation where he refused to exonerate and refused to recommend charges I mean is it possible that the White House had manded Morpha muller that they wanted him to go so far as to offer that declination letter that ultimately came from rod Rosenstein and William bar I'm not sure if the White House wanted that but there are two key architects in this executive privilege argument that you see the administration making one is Emmett flood who's been working in the White House now for many months very quietly preparing a legal framework for this very moment to prepare for these executive privilege fights he brought him there well he was brought in to help sort of take control of the Russia investigation and get things a little more orderly after the president's previous legal team and by orderly you mean cover things up but none the hatches I'm his little petticoat is the aggressive exertion exactly exactly and that's why he was so appealing to president Trump and appealing to Don McGann the White House Counsel previous White House Counsel at the time because the president's other attorneys were wanting to cooperate fully with Muller and in fact waived executive privilege to allow all of these officials including Don McGann to testify with Muller but Emmett flood is one key component the other is a more public facing person Pat's Apollonia the White House Counsel who's been signing a lot of these letters who's been doing a lot of the interactions with Congress and they're really very aggressive and as they're exerting executive privilege they've been preparing for this for many months and right now they're just sort of executing their strategy and who would have thought that those two men will have as their legacy looking more hardcore than John you I mean that's where we are today and and and just you know to sort of again explain that the point of John use analysis he was so extreme he was sort of one of the most indefensible actors of the Bush years not just for the substance of what he argued was legal but for the aggressiveness with which he saw executive power you've now got two gentlemen who way out on the other side of the ledge from John you Wow and I think I think by the end of this fight you will see two more the Attorney General William bar and Steven angle the head of the office of legal counsel in the in the job or in the office that Jon you worked in he wasn't you wasn't the head but he worked in that office who I suspect will be authoring very aggressive OLC opinions and very aggressive memos to the president about privileges that he can assert that's the the kind of formal mechanism that has to have before the president can assert executive really before them by the end of this are going to either succeed greatly in changing the balance of power forever or they're gonna fail and it's ultimately going to become up up to the courts decide because the aggressive stances that they're taking if they are blessed by the courts will forever change correctional oversight could end congressional oversight if it stands that you can just blow off a congressional subpoena that you can assert executive privilege over anything remember what they did today they didn't just assert executive privilege over a narrow scope of documents they said it potentially applies to all the underlying documents in the MOL Airport yeah and witnesses over with you have witnesses that can come up and testify if that you know if that stance those four individuals ank will be the architect of a change in the constitutional order in this country because I just ask you guys a question this one thing I don't understand which is so the courts rule on this and they order the executive branch to comply with the subpoena or to produce documents or testimony what if the White House says no exactly I mean is this not a banana republic that's where you have your constitutional crisis to find order what's the the Andrew Jackson quote now let him let him enforce it let me just press you I mean isn't that why taking impeachment off the table is like asking Democrats to go to battle in a banana republic with their you know hands tied behind their back I mean it isn't that where the the only thing Donald Trump is afraid of I think is the television production of impeachment I don't actually think he's even afraid of impeachment I was told by a former Republican Justice Department official 18 months ago that he was aware of Bill Clinton's poll numbers during impeachment and it's basically his attitude was was bring it on he was at 67% never mind Donald Trump has never and will never see 67 percent but I I think the idea of sort of the roadblock coverage at impeachment would would bring terrifies Donald Trump he watched Christine Blasi Florida was so moved by her performance never mind it was her telling of the most horrific moment of her life that he was almost suede on Cavanaugh so so I don't know that this is ever about what it should be about for Donald Trump it's always about the show yeah and I think we have to understand that unless Congress is able to conduct oversight perform its constitutional responsibilities unless court orders are respected unless injunctions temporary restraining orders judgments by course of law are respected by the executive branch we don't live in a democracy we don't live in a constitutional republic we just don't now maybe that's Donald Trump's America and it's an extreme way of putting it but that is what is that stake here Nicola so then why those are the stakes why is impeachment such a hard question for Democrats well I don't think it I don't think it's off the table forever for all Democrats I think the question is how far will the executive branch push Congress but I think Nicole if there are contempt vote after contempt votes if the executive branch does not comply with any judicial or congressional process and I think Congress is gonna have no choice but to investigate abuse of power abuse of oath of office and that's gonna lead to impeachment hearings Phil you have any faith that they're gonna wake up tomorrow and say oh oh here's here's one system oh this one's for child children in jail so yeah we'll do this I mean what what makes them turn the boat around I don't know that they're going to but we should keep in mind that the Democrats are doing this because of the midterm elections in November the American people had a popular mandate to have a check on this administration's power there's an executive branch there's a legislative branch in the American people wanted a different party in charge of the legislative branch that's the reason Jerry Nadler has the gavel and that's why he's empowered to issue these subpoenas so there's a sort of popular support and actual people in the country behind all of this hey there I'm Chris Hayes from MSNBC thanks for watching MSNBC on YouTube if you want to keep up to date with the videos we're putting out you can click subscribe just below me or click over on this list to see lots of other great videos