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updated 1/25/2013 11:15:28 AM ET 2013-01-25T16:15:28

THE ED SHOW with ED SCHULTZ
January 24, 2013

Guests: Charniele Herring, Larry Cohen, Goldie Taylor>

ED SCHULTZ, HOST: Good evening, Americans. And welcome to THE ED
SHOW from New York.

Now is the time for America to get laser focused on how the
Republicans are trying to steal the next election.

This is THE ED SHOW -- let`s get to work.

(BEGIN VIDEOTAPE)

REP. PAUL RYAN (R), WISCONSIN: I think the surprise was some of the
turnout -- some of the turnout, especially in urban areas.

SCHULTZ (voice-over): Forget policy. If you can`t win it, just go
ahead and rig it. The GOP moves to steal elections. First stop: Virginia.

David Corn and Charniele Herring tell us if the dirty move could work.

The right still can`t handle Hillary.

SEN. JOHN MCCAIN (R), ARIZONA: She obviously has an enduring media.

SCHULTZ: So the king of the Sunday shows bites the hand that feeds
him.

REP. JOHN BOEHNER (R-OH), SPEAKER OF THE HOUSE: The president`s
vision for his second term is to annihilate the Republican Party.

SCHULTZ: Richard Wolffe on the Republican Party`s new nerve.

Democrats just missed a huge opportunity to change the country. Larry
Cohen of the CWA on Harry Reid`s filibuster cave.

Women get overdue recognition to serve in combat. The right wing is
freaking out. Former Marine Goldie Taylor is here to put them in their
place.

(END VIDEOTAPE)

SCHULTZ: Good to have you with us tonight, folks. Thanks for
watching.

It`s time to wake up, America. Got to pay attention to this one. The
Republican attempt to steal the next presidential election, it has hit full
throttle.

This is the latest poster boy for Republican vote rigging: Virginia
State Senator Bill Carrico. Now, today Carrico advanced his bill in the
Republican-led Senate to change the way electoral votes are counted in the
state.

Virginia Democratic State Senator John S. Edwards told me on my radio
show that Democrats were completely blindsided by this move.

(BEGIN AUDIO CLIP)

JOHN S. EDWARDS (D), VIRGINIA STATE SENATOR: It was a complete
underhanded sneak attack on not only Democrats but also the people of
Virginia because if people had had no prior warning this would happen
there, have been no committee discussions on this, no hearings on this, and
it runs contrary to the courtesies and traditions of the Senate of
Virginia.

(END AUDIO CLIP)

SCHULTZ: Well, Senator Edwards should not expect any courtesy from
the current Republican Party. They are willing to admit these changes are
being made in order to make certain votes count for less.

Carrico told a Virginia NBC affiliate, "The change is necessary
because Virginia`s populace, urbanized areas can outvote rural regions such
as his, rendering their will irrelevant"? Urbanized areas?

This sounds like something we`ve heard before.

(BEGIN VIDEO CLIP)

RYAN: I think the surprise was some of the turnout -- some of the
turnout, especially in urban areas, which definitely gave President Obama
the big margin to win this race.

(END VIDEO CLIP)

SCHULTZ: Both Paul Ryan and Mitt Romney were outspoken about blaming
their loss in November on a Democratic coalition of women, minorities, and
young people in this country. Days after the election, Paul Ryan saw a
problem with the system.

(BEGIN VIDEO CLIP)

RYAN: There`s always an Electoral College strategy in winning these
things. And you know what states you need to win to get to 270 electoral
votes. And when we watch the -- look at the map here, Virginia and Ohio
coming in, and those ones coming in as tight as they were and then looking
like we were going to lose them, that was when it game pretty clear to us
we weren`t going to win.

(END VIDEO CLIP)

SCHULTZ: Paying attention now? Now Republicans have a new electoral
strategy. Win as many electoral votes as you can, even if you lose by a
very large margin. RNC chair Reince Priebus announced his intention to
pursue the Virginia model nationally. And it would have quite an effect.

This is the result of the 2012 presidential election. Barack Obama
won 332 electoral votes, beating Mitt Romney`s 206 votes. In the popular
vote, President Obama won 51 percent to 47 percent. If every electoral
vote is tied to congressional delegations, Romney would have defeated
President Obama by 14 electoral votes, even though President Obama still
wins the popular vote by 4 percentage points.

President Obama won these six swing states in the past two elections.
He would have lost all of them under the Republican scheme to reapportion
the votes. Republicans are doing this because messing with the Democratic
process has worked for them in the past.

For instance, Florida Secretary of State Katherine Harris was
successful in purging eligible voters from the polls in the 2000 election.
We all know what happened there.

Then let`s go to Ohio, where former Secretary of State Ken Blackwell
created a shortage of voting machines in Democratic areas to help deliver
Ohio for Bush in 2004.

Then, something interesting really happened. These dirty tricks
stopped working.

(BEGIN VIDEO CLIP)

STATE REP. MIKE TURZAI (R), PENNSYLVANIA: Voter ID, which is going to
allow Governor Romney to win the state of Pennsylvania, done.

(APPLAUSE)

(END VIDEO CLIP)

SCHULTZ: Well, voter ID did not deliver Pennsylvania or any other
state for Mitt Romney. But the intention was to make it harder for
Democratic voters to cast a ballot. It fell short. But there was some
real voter fraud going on last year.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: Did you vote for Romney or Obama?

UNIDENTIFIED FEMALE: Wait, I thought you were registering voters a
minute ago.

UNIDENTIFIED FEMALE: I am. But --

UNIDENTIFIED FEMALE: And who are you registering? All voters?

UNIDENTIFIED FEMALE: Well, I`m actually trying to register people for
a particular party.

UNIDENTIFIED FEMALE: Uh-huh.

UNIDENTIFIED FEMALE: Because we`re out here in support of Romney,
actually.

UNIDENTIFIED FEMALE: And who`s paying you for this?

UNIDENTIFIED FEMALE: Oh, the -- let me see. We`re working for the
county clerk`s office.

(END VIDEO CLIP)

SCHULTZ: Republicans were forced to break ties with a voter
registration firm because the group was breaking the law.

Then, there was the current Ohio Secretary of State Jon Husted, who
tried to change the rules for early voting in his state. That didn`t work.

In other states, the changes to early voting rules caused massive
voting problems.

(BEGIN VIDEO CLIP)

REPORTER: The lines for early voting are long, and for many time-
consuming.

You were in line how long?

UNIDENTIFIED FEMALE: For an hour and 55 minutes, to be exact.

REPORTER: At the Alafaya Library on East Colonial, the line was out
the door and down the street. The neighborhood looked like a sea of cars.

UNIDENTIFIED FEMALE: If I had waited until Tuesday, I think that
probably would have been more stress and the lines are definitely going to
be longer.

(END VIDEO CLIP)

SCHULTZ: Today, the "Orlando Sentinel" newspaper reported more than
200,000 people in Florida did not vote because of the long lines. Those
lines were engineered by Republican Governor Rick Scott, who made last-
minute changes to early voting schedules. Republicans in Florida jammed
the ballot with initiative after initiative, creating a very long voting
experience.

These efforts all fell flat because the American people were wise to
the Republican tricks. It got a lot of media coverage -- which is why the
GOP now wants to change the laws to reverse the will of the people.

Republicans realize this is now a center-left nation that is very
progressive and on the move. The Virginia bill is just the latest
admission by the Republican Party. They need to rig elections because they
can`t win on the issues.

And we must realize tonight, we cannot get politically exhausted. I
know the election just ended. But here we go again. And the Republicans
are not asleep at the wheel. They are driving this ship big-time.

The bottom line is this is our democracy. It`s not illegal. But it
is dirty pool. And it`s a rotten way to run the country. And I believe it
is connected to race.

Get your cell phones out. I want to know what you think.

Tonight`s question: can Republicans win fair elections? Text A for
yes, text B for no, to 622639. You can always go to our blog at
Ed.MSNBC.com. We`ll bring you the results later on in the show.

Let`s talk more about Virginia. Joining me now is Charniele Herring.
She is the minority whip of the Virginia House of Delegates and the chair
of the Democratic Party of Virginia.

And David Corn with us tonight, MSNBC analyst and D.C. bureau chief
for "Mother Jones" magazine.

Great to have both of you with us here tonight.

Charniele, is this bill going to become a reality in Virginia? Is
this a slam dunk for the Republicans?

DEL. CHARNIELE HERRING, VA DEMOCRATIC PARTY CHAIR: Thank you, first
of all, Ed, for having me.

And it can become a reality. But Virginians are wise to the
Republican tricks. Not only did we have the bill changing the Electoral
College, but we also had something sprung on the Senate that changes the
lines for the Senate districts, displacing 3 million Virginia voters from
their representatives.

So voters are watching and they`re aware of what the Republicans are
doing, but it is possible that these measures can pass.

SCHULTZ: Well, the Republicans have the votes to get it done. So
what`s going to stop it in Virginia?

HERRING: I think it`s just got to be the will of the voters for
people contacting their legislators and telling them that trickery is not
the way that democracy is supposed to work. I find it interesting that
Senator Carrico suggested that his constituents` votes are irrelevant.

See, that`s the difference between the other side of the aisle.
Democrats believe that every vote is relevant, every vote should be
delivered. And to change Electoral College, to change Senate district
lines under cover of night, although it`s during the day, using tricks to
do so without even a public discourse is unacceptable and Virginians are
going to fight back.

And I can tell you my side of the aisle`s going to fight for every
senatorial district and we`re going to fight against this effort to change
the Electoral College.

SCHULTZ: All right. David Corn, what do you make of this? Reince
Priebus says he wants to make this a national model.

DAVID CORN, MOTHER JONES: Well, Ed, it`s obviously this is a naked
and raw power grab on the part of Republicans, who see that they`ve lost
five out of the last six presidential contests according to the popular
vote. George Bush made it in though losing the popular vote. And they`re
looking ahead demographically and say they play by the set of rules that
we`ve all become accustomed to because of demographics and other factors
they`re likely not to win these national contests.

Now, the good news, there`s a little good news in Virginia, is that if
I understand this right the Senate is more or less divided 20-20 there,
although the tie would be broken by the lieutenant governor in favor of the
Republicans --

SCHULTZ: If all the Republicans vote for it, then they`ve got it.

CORN: But there`s one Republican state senator who`s already said she
won`t vote for this. Now, she can be pressured by Reince Priebus and
others in the Republican Party to change her mind.

SCHULTZ: Sure.

CORN: So I think having a lot of pressure on her and a few other of
the maybe -- if there are any moderate or any suburban Republicans in the
state Senate to really be firm in this and make them pay a high price,
because as you`ve said, this is not illegal. They tried to do this in
Pennsylvania. They`re thinking about doing it in Wisconsin, Michigan,
Ohio, and Florida.

And people just have to really keep an eye on this and put as much
pressure as they can to say this ain`t fair.

SCHULTZ: Well, we`re not talking about a lot of Republicans. I mean,
they can go in and cash-whip one or two Republicans and can turn heads
pretty fast. This is going to be a hard lift for the Democrats to protect
the Electoral College -- no, doubt.

Charniele, this is a quote from State Senator Carrico. "It comes down
for me, as a rural legislator, to a fairness issue. I`m making sure the
people of my district are represented." That`s his quote.

How is his district not being represented?

HERRING: You know, that puzzles me. I don`t know if he`s talking
about himself or maybe he just doesn`t like that we elected President Obama
twice now here in Virginia.

His problem is he cannot accept that the demographics has changed.
The Republican message of not bringing everybody forward is not resounding
with Virginians.

What they`re having a problem with is that they can`t realize that
their policies are outdated. Virginians are moving forward. We`re more
progressive, as you mentioned earlier.

And you know what? People don`t like their message of hatred and
exclusion. So I`m not sure what he`s talking about, but that`s not the
Virginia way. What`s happened in the Senate is not the Virginia way.

CORN: You know, the way it works now in almost every state is the old
law, rule of one person, one vote. Everybody in Virginia --

SCHULTZ: That`s right.

CORN: -- everybody in Hawaii, everybody in California, their vote
counts equally when it comes to selecting a president. If you go to this
new system that they`re proposing, people in certain districts will have a
greater advantage. Their vote will count more. And so --

SCHULTZ: But they`re going to be able to do this -- I don`t mean to
be doom and gloom here, David. But, you know, this is like going after
unions, you cash-whip legislators to put up right to work legislation. You
go after legislators to make sure that they`re going to vote properly the
right way.

And all politics is now national as much as it is local because it`s
all about the money and Citizens United. I mean, it all comes together.
They`ve tried voter suppression. They`ve tried all kinds of stuff. And
now, they`re into the Electoral College. You do the math we would have
been swearing in the other guy.

CORN: You`re right, Ed. I still think that in Virginia it`s not a
slam dunk, it can pass. Although it will be very, very close and you`ll
see close contests in these other races. So people have to get on their
horses and ride into these battles.

SCHULTZ: All right. Charniele herring and David Corn --

HERRING: That`s right.

SCHULTZ: -- great to have you with us tonight. Thanks so much.

Remember to answer tonight`s question there at the bottom of the
screen. Share your thoughts with us on Twitter @EdShow and on Facebook.
We want to know what you think.

Coming up the three amigos -- well, they are back. These senators
spent their day trying to advance their right-wing agendas but they failed
in embarrassing ways. We`ll walk you through it all when we come back in
the filibuster.

Stay with us.

(COMMERCIAL BREAK)

SCHULTZ: John Boehner, speaker of the House, tells a Republican group
President Obama is trying to annihilate the party? OK. But the GOP is --
well, they say that they`re going to do it by themselves. Richard Wolffe
joins me to talk about the Republicans` self-destruction.

And later, the Pentagon lifts a ban on women in combat and the
righties are all up in arms about that. MSNBC contributor and former
Marine, Goldie Taylor, will join me and we`ll get her take.

Don`t forget you can listen to my radio show on SiriusXM Radio channel
127, Monday through Friday, noon to 3:00 p.m. Share your thoughts with us
on Facebook and Twitter using the #EdShow.

And we are coming right back.

(COMMERCIAL BREAK)

SCHULTZ: Welcome back.

Republicans who failed to bully Secretary of State Hillary Clinton
yesterday -- well, they were back at it again today. Senators McCain,
Johnson, and Paul are ignoring the truth about the attack on Benghazi so
they can advance their right-wing agenda.

Secretary of State Hillary Clinton smacked down Tea Party Senator Ron
Johnson yesterday. Johnson blundered again at Senator John Kerry`s
confirmation hearing today.

(BEGIN VIDEO CLIP)

SEN. RON JOHNSON (R), WISCONSIN: Would you work with me then on an
ongoing basis so we can get that behind us, so we can find out what
actually happened?

SEN. JOHN KERRY (D), MASSACHUSETTS: Senator, in all fairness, I think
we do know what happened. I think that it is very clear. Were you at the
briefing with the tapes?

JOHNSON: No.

KERRY: Well, there was a briefing with tapes which we all saw, those
of us who went to it, which made it crystal clear.

(END VIDEO CLIP)

SCHULTZ: Johnson wasn`t at the briefing? Come on! Yet he`s taking
it to Hillary Clinton yesterday? Give me a break.

Johnson is so upset about Benghazi he decided to skip an important
briefing on Benghazi but all of a sudden, he acts like an expert at a panel
hearing?

Meanwhile, Senator Rand Paul is still trying to explain his conspiracy
theory about gun running in Turkey.

Sean Hannity, he`s now a true believer.

(BEGIN VIDEO CLIP)

SEN. RAND PAUL (R), KENTUCKY: I don`t have proof of this. No one`s
given me any information. I have no briefing to this. But there have been
articles in the newsprint and in the press saying that there was some gun
running going on.

(END VIDEO CLIP)

SCHULTZ: Time out. Hold it right there. Did we hear Rand Paul
yesterday at the hearing tell Secretary of State Hillary Clinton -- I don`t
know, I don`t have evidence of this?

But no, he didn`t paraphrase it that way.

Here`s the so-called newsprint Rand Paul is citing -- FOX News --
while he`s on FOX News.

Hannity keeps repeating another lie as well.

(BEGIN VIDEO CLIP)

SEAN HANNITY, FOX NEWS: Charlene Lamb said they were watching it at
the State Department in real-time.

(END VIDEO CLIP)

SCHULTZ: Really? Well, there was no live video feed.

Since the truth doesn`t work, Senator John McCain chose a new
scapegoat.

(BEGIN VIDEO CLIP)

MCCAIN: She was, quote, "feisty" according to the mainstream media.
She obviously has some adoring media. Look, this thing has been -- it`s
been a cover-up.

It -- I`m sorry to tell you that probably the adoring media will now
say, well, that chapter is over.

(END VIDEO CLIP)

SCHULTZ: Senator, don`t hold it against us just because we like
Secretary of State Hillary Clinton a lot more than we like you. That`s
just the way it is. That was John McCain`s, by the way, second appearance
on FOX within 12 hours.

The Republicans are right on track for 2016, folks.

Let`s turn to Howard Fineman, NBC News political analyst and editorial
director of the "Huffington Post" Media Group.

Howard, I was struck by your comment yesterday on "HARDBALL" where you
said that the hearing was the last failed shot of the 2012 election and the
first failed shot of the 2016 campaign. How are the Republicans doing
today?

HOWARD FINEMAN, HUFFINGTON POST: Well, I think I said it was a
desperate act, but failed shot will also do. Ed, I really think the
emotional energy among the Republicans is about their frustration at the
way they lost the presidential election and their sort of lashing out at
major figures in the Democratic Party such as Hillary Clinton as they begin
the 2016 cycle.

Rand Paul, Senator Rand Paul imagined himself as president and dreamed
of how he would have fired Hillary Clinton. But as implausible as it may
seem to our viewers tonight, Rand Paul wants to run for president and
thinks he can get elected. And he`s going to run on the rejectionist line.
He`s going to run on the antagonism to all powerful, famous people on the
inside line now that he`s -- even though he`s a senator himself.

So, in terms of 2016 Republican politics, that was Rand Paul making
his debut for 2016.

SCHULTZ: Well, are there others that were a part of that panel that
are grandstanding politically right now?

FINEMAN: Well, sure. Of course, although not necessarily for
president. I think John McCain has been on ever since he -- ever since he
lost the election in 2008, I think he`s been on a permanent personal
campaign to recapture the glory days.

And, by the way, when he talks about the adoring media, I have to
confess that there was a time when I was part of the adoring media adoring
John McCain. When he ran in 2000 as a truth-telling maverick, he was quite
the character. So he knows all about adoring media.

And I don`t think in the case of Hillary Clinton it was about adoring
media yesterday. I think it was about the fact that the Republicans
overplayed their hand big-time.

(CROSSTALK)

SCHULTZ: So this hearing in no way has politically damaged Hillary
Clinton whatsoever. I mean, she went into that hearing --

FINEMAN: Oh, no.

SCHULTZ: -- with just a terrific rating with the American people
versus the 12 percent society, the Congress.

FINEMAN: I would think, Ed -- I would think if anything her standing
with the American people is probably higher.

Look, there were legitimate questions to ask about what happened when
to protect diplomats in Libya and elsewhere. There are questions you can
ask about who said what in the early accounts of who was responsible for
the attack in Benghazi.

But if the Republicans were serious about really looking at any of
that, they would have done it in a calm, rational way. Instead, what they
did was just hurl charges and call people names and then after the fact
accuse Hillary of crying on cue, which then Senator Johnson had to
apologize for, lobbing attacks which there was no basis for, making
accusations based on information that they would have known otherwise about
had they gone to the briefings.

I thought John Kerry today just took whatever air was left in Senator
Johnson`s balloon and just distributed it all over the hearing room.

SCHULTZ: It had to be hard for him to say no when he was asked that
question.

FINEMAN: That was pretty funny.

SCHULTZ: I mean, what an absolute credibility killer right there. I
wonder if Kerry knew what the answer was --

FINEMAN: I think the answer`s probably yes. Absolutely. He`s
nothing if not well briefed. I can tell you.

SCHULTZ: No doubt. Howard Fineman, great to have you with us
tonight. Thank you.

FINEMAN: Thanks, Ed.

SCHULTZ: House Speaker John Boehner says President Obama wants to
shove the GOP into the dustbin of history. Richard Wolffe joins me for
that.

You are looking live at the Senate floor where they just voted for a
watered down filibuster reform deal, which means bad news for President
Obama`s second term agenda. Harry Reid caved to Republicans and liberals
are not happy this night. Larry Cohen of the Communication Workers of
America is outraged and he is here with reaction and my commentary.

Stay with us.

(COMMERCIAL BREAK)

SCHULTZ: Welcome back to THE ED SHOW.

House Speaker John Boehner is whining about President Obama getting
the upper hand.

(BEGIN VIDEO CLIP)

BOEHNER: And given what we heard yesterday about the president`s
vision for his second term, it`s pretty clear to me that -- it should be
clear to all of you -- that he knows he can`t do any of that as long as the
House is controlled by Republicans. And so, we`re expecting here over the
next 22 months to be the focus of this administration as they attempt to
annihilate the Republican Party. And let me just tell you, I do believe
that is their goal, to just shove us into the dustbin of history.

(END VIDEO CLIP)

SCHULTZ: Boehner was speaking before a Republican think tank and may
have been reacting to CBS News political director John Dickerson, who said
President Obama should, quote, "go for the throat."

Republicans are now more paranoid than ever. Speaker Boehner is
basically what he`s doing, folks, is he`s whining like a coach who`s had
the score run up on him. I mean, Boehner has a little less swagger than he
did two years ago when he took over the House with this wave of Tea Party
Republicans, but what a difference a couple of years makes.

President Obama is not the only one who benefits from contrasting
himself with the Republican Party. Governors like Chris Christie and Bobby
Jindal take occasional shots at their own party and look almost mainstream
by comparison.

For the record, White House Press Secretary Jay Carney said today that
the president believes a strong two-party system is the foundation of our
democracy.

Let`s bring in MSNBC political analyst Richard Wolffe and vice
president and executive editor of MSNBC.com.

Richard, great to have you on always.

RICHARD WOLFFE, MSNBC POLITICAL ANALYST: Thanks, Ed.

SCHULTZ: No one, including President Obama, has the power to shove
the GOP into the dustbin of history unless they, of course, do it
themselves. Your thoughts?

WOLFFE: Yeah, look, for a start, John Boehner may think that he needs
to gin up some enthusiasm among depressed donors or foot soldiers because
they`re doing so badly when it comes to national elections. Or he`s
genuinely this paranoid. He actually believes in some kind of inferiority
complex, that he really has got nowhere to go.

I don`t know how he squares that with the fact that he is speaker of
the House, or the fact that they are actually doing all the damage to
themselves, because when you look at how the demographics of this country
is going and how Republicans perform with them, they`re doing a fine job of
annihilating themselves.

SCHULTZ: They really are. Republicans were the ones out to destroy
President Obama, of course, when he took office. And now the Republicans
need gerrymandering taking place to get through and run through to get to
their seats. Here`s more from Speaker Boehner.

(BEGIN VIDEO CLIP)

BOEHNER: We`re going to have to make some big decisions about how we
as a party take on this challenge. You know, where`s the ground that we
fight on? Where`s the ground that we retreat on? Where are the smart
fights? Where are the dumb fights that we have to stay away from?

(END VIDEO CLIP)

SCHULTZ: You know, it`s interesting he`s saying that, because four
years ago, Inauguration Day, what was happening? They were having a
meeting to say no to everything. Do they know where they`re going this
time around?

WOLFFE: Well, no, they don`t. And remember that they`re lamenting
the fact that the president`s coming after them. But they don`t seem to
mind if it`s them going after the president. I mean, never mind the double
standard here. If you just take his prognosis as being a fact, they have
to figure something out, why at this moment when they need to figure out
what they stand for is he talking about these kind of tactical things?
Where do we fight, where do we not fight?

How about you fight everywhere? How about you try and come up with a
national plan and some national appeal, instead of trying to go House
district by House district? Because that way you end up with this rump of
a national argument, which confines you to the deep south.

SCHULTZ: Can Governors Christie and Jindal rescue the GOP from
itself?

WOLFFE: I think there are some serious minds going here. And they
are trying to figure out, especially those who have to run a national
election in 2016, of where the party should be going. I just think that
they have not really come to terms with defeat, because they believe that
2010 is a salvation, was a salvation for them, that maybe there`s a chance
in going more extreme and just slicing it a little bit finer, that they can
find some kind of national path to victory.

Most cases parties need to do some more soul searching to find out
what that middle ground is. Look at what Bill Clinton did with the whole
centrist plan. You may not agree with it, but it did take Democrats out of
the wilderness.

SCHULTZ: Richard Wolffe, great to have you with us. Thanks so much.

WOLFFE: You bet.

SCHULTZ: There`s a lot more coming up in the next half hour of THE ED
SHOW. Stay with us.

(BEGIN VIDEO CLIP)

SEN. TOM HARKIN (D), IOWA: If we get re-elected and we don`t change
the filibuster rules in the Senate, you might as well take a four-year
vacation. Because you won`t get anything done.

(END VIDEO CLIP)

SCHULTZ: Harry Reid and Mitch McConnell reach a worthless filibuster
deal. Larry Cohen of the Communication Workers of America has the
mechanics of more gridlock.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: What I do believe is that when we speak to the
whistleblowers, we have to make a determination whether what they say is
really a criminal case.

(END VIDEO CLIP)

SCHULTZ: Lanny Breuer steps down from the Justice Department. I`ll
tell you what it says about Wall Street.

And Goldie Taylor gives us a Marine`s view on the right-wing`s
disgraceful reaction to women in combat.

(COMMERCIAL BREAK)

SCHULTZ: Welcome back to THE ED SHOW. Liberals in this country
should be outraged tonight. You are looking live at the Senate floor,
where they just adopted the new rules by a vote of 78 to 16. Senate
Majority Leader Harry Reid caved to Republicans on meaningful filibuster
reform. Reid reached a watered-down deal with Minority Leader Mitch
McConnell keeping the filibuster alive and ready to be abused by
Republicans again.

Now, I was going to tell you what`s in the deal, but it really doesn`t
matter. Because Democrats still need 60 votes to break a filibuster and
Republicans can still filibuster without speaking on the Senate floor. So
what are we here for? Republican Senator Johnny Isakson of Georgia told
TPM this afternoon, quote, "the rules change doesn`t really do a lot."

Well, how about that? Harry Reid knows that. And he tried to explain
away his failure earlier today by telling the "Washington Post" Wonkblog,
quote, "I`m not personally at this stage ready to get rid of the 60-vote
threshold. With the history of the Senate, we have to understand that the
Senate isn`t and shouldn`t be like the House."

Well, it`s obvious that Reid is more interested in protecting the
Senate tradition than moving the country forward. That`s my read on it.
He went on to say this: "the only way we`ll get rid of the filibuster is if
it continues to be abused."

Hello. With over 380 filibusters in recent years, it`s shocking that
Reid would come back and trust Republicans not to abuse the filibuster. He
knows better. What`s going on here?

Back in May, Harry Reid apologized to Senators Jeff Merkley and Tom
Udall for blocking their original filibuster reform bill back in 2010.

(BEGIN VIDEO CLIP)

SEN. HARRY REID (D), MAJORITY LEADER: If there were ever a time where
Tom Udall and Jeff Merkley were prophetic, it`s tonight. These two fine
young fine senators said it was time to change the rules in the Senate and
we didn`t. They were right. The rest of us were wrong.

If there were anything that ever needed changing in this body, it`s
the filibuster rule, because it`s been abused, abused, and abused.

(END VIDEO CLIP)

SCHULTZ: What happened to that Harry Reid? You know, the boxer, the
fighter? Harry Reid is caving to Republicans when he could have hit them
with the Constitutional option and passed real reform so we can get
something done in this country.

This is a massive failure for the leader of the Democrats. And the
Democrats who are walking in lock-step with him, what`s wrong with you
guys? What`s going on here? What about all those people who fought voter
suppression and waited in lines for hours to make sure that President Obama
would get elected and would go down the road of a progressive agenda? What
about all the ground troops who went door to door? The get out the vote
effort that worked really hard to re-elect this president?

This was a Romney vote. That`s what this was tonight. They didn`t do
it to face the same obstruction from Republicans. All those workers out
there, that`s not why they did it. Harry Reid is letting the minority
party run the country. He`s giving Republicans all the ammunition they
need to block President Obama`s second-term agenda.

And you know what? He`s going to regret it. So what does this mean?
This means that activist groups are the only ones that can save the country
when it comes to legislation, because the activist groups are going to have
to go out and get in these districts and in these states where senators are
who are not doing the right thing and primary them, and let them know that
they`re not going to win the next election.

Do the unions of this country deserve what just happened tonight,
after as hard as they worked to get President Obama and the Democrats in
the Senate? Give me a break.

For more, let`s turn to Larry Cohen, president of the Communication
Workers of America. Larry, I`m stunned. Your thoughts? Your initial
reaction to this vote tonight on the filibuster?

LARRY COHEN, COMMUNICATION WORKERS OF AMERICA: Initial reaction is
one of incredible disappointment and anger, as you expressed it. But also
as you just said, that two million of us, way beyond labor -- the two
million of us who have worked on this have to keep working. We have to
connect it to every issue of the day.

What`s going to happen now to Social Security and other budget issues?
What`s going to happen to immigration reform? They get away with this
because they don`t connect the dots. They make this a separate issue that
puts people to sleep, although you`ve been waking them up. And we have to
continue that fight.

We also have to hold up Merkley, Udall, Harkin and the others who
signed on to Senate resolution four, and 25 more who were ready for change.
So we don`t give up. We have to keep standing up and fighting back.
Apparently, Senator Reid said if the Senate is not functioning, we will go
back to this. Well, let`s see. It won`t be more than a few days till we
see how the Senate functions for the majority on these critical issues of
the day or, as you said, led by Senator McConnell as we were on fiscal
cliff.

SCHULTZ: Mitch McConnell`s going to go into caucus next Tuesday, and
they`re basically going to say, how the heck did you pull that off? I
mean, we filibustered these guys 380 times, and they gave us the same damn
rules? I mean, folks, climate change? Forget it. Immigration reform?
You probably won`t get that. Taxation and more revenue to the Treasury?
You`re not going to be able to tax Wall Street now.

Minimum wage? That`s out the door, raising that. Workers` rights?
And you know what this is all about, in my opinion? This is about guns.
Harry Reid knows that 51 votes would be available for the assault weapons
ban, but he knows damn well there won`t be 60. And he doesn`t want to hang
this on the Democratic party at all to all these rural senators.

That`s who he`s protecting in this. But he is not standing up for the
people at all. I just -- I don`t know what kind of message can we send at
this point?

COHEN: I think we send a message of total determination that, as
every issue is discussed, and if Mitch McConnell has to sign off to put it
on the floor, which is where we believe this lies, then on every issue we
have to link this up and say, you said if it wasn`t functioning, you would
change it? Fifty one can change it. We`re fighting to change it. And not
let up for a minute.

And the broader democracy initiative that we`re a part of has got to
go on all the issues.

SCHULTZ: This is another comment that struck me today. TPM asked
Senator Dick Durbin today if the deal would make it easier to pass bills.
Durbin said "it requires goodwill and good faith."

Are you kidding me? You mean to tell me that we`re going to get a new
Mitch McConnell and a whole new group of Republicans that just can`t wait
to help Barack Obama move this country forward, especially on jobs? They
have said no to everything.

Larry Cohen, we`ll have you back. This is a story that`s going to go
on. And the Democrats are going to pay for this. I don`t -- you know, I
don`t want to fight with the Democrats. But my lord, what was this
election all about?

Coming up, days after a PBS "Frontline" special, someone in the
Justice Department is stepping down.

We will get to more on the filibuster in just a moment. We`re right
back on THE ED SHOW. Stay with us.

(COMMERCIAL BREAK)

SCHULTZ: And we want to make sure that you know what the vote count
was on the filibuster reform. The Senate broke the vote up into two
resolutions tonight. The first was 78 to 16, as we reported just a few
moments ago. The second was 86 to nine. That was the vote on the
filibuster bills.

We love hearing from our viewers and on our Facebook and our Twitter
page. Many of you share my disappointment in Harry Reid, who caved to the
Republicans on filibuster reform.

On Facebook, Emily Reid says she is "very disappointed in Harry Reid
and the Democrats, who sold the majority of the American people out."

Steven Lindbergh writes, "with Democrats like Harry, who needs
Republicans?"

and Hope Ruble asks, "is Reid a secret Republican? Who got to him?
Did the Kochs back up a Brinks truck in front of his house?"

Good question. You can go to our Facebook page right now and join the
conversation. And of course don`t forget to like us on THE ED SHOW when
you`re there. Appreciate that.

Still to come, female military personnel get the recognition they
deserve from the government. But they`re getting trashed by right-wing
talkers. Former marine Goldie Taylor will stay and weigh in with us on
that.

(COMMERCIAL BREAK)

SCHULTZ: And we are back. Earlier this week I spoke with Martin
Smith, producer and correspondent for "Frontline`s" "The Untouchables," a
documentary that explores why no high-level Wall Street executives have
gone to jail in connection with the 2008 financial crisis. I have to say,
watching the program, I was totally stunned. There seems to be no shortage
of whistleblowers offering evidence that lenders knowingly perpetrated and
ignored fraud.

But no one is being held accountable. Well, just two days after the
documentary "The Untouchables" aired, Lanny Breuer is stepping down.
Though the Justice Department and Breuer declined to comment, it looks like
"Frontline" struck a nerve. The Justice Department should embrace this
documentary and use the information found in it.

Breuer was soft on Wall Street and failed to enforce the law, as I see
it. But just because he failed doesn`t mean it`s too late. Holder, you`ve
got to get on this.

Tonight in our survey, I asked you can Republicans win a fair
election? Three percent of you say yes; 97 percent of you say no.

Coming up, policy catches up with reality. The Pentagon will lift the
ban on women in combat, but some right-wingers, woo, they`re not happy
about that at all. Former Marine Goldie Taylor joins us next.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

LEON PANETTA, DEFENSE SECRETARY: Female service members have faced
the reality of combat, proven their willingness to fight, and yes, to die
to defend their fellow Americans.

(END VIDEO CLIP)

SCHULTZ: Today policy caught up with reality. The Pentagon announced
that it will officially lift the ban on women in combat, even though women
are already serving on the battlefield. Just ask former combat helicopter
pilot and double amputee Congresswoman Tammy Duckworth.

(BEGIN VIDEO CLIP)

REP. TAMMY DUCKWORTH (D), ILLINOIS: The reality on the ground in a
360 battlefield is that women have been serving in combat in Afghanistan
and in Iraq. Well, I didn`t lose my legs in a bar fight.

(END VIDEO CLIP)

SCHULTZ: This move will allow women to move up in the ranks and hold
jobs that often bring more pay. Yet predictably, many right-wingers can`t
handle reality. Retired Lieutenant General Jeffrey Boykin of the Family
Research Council calls it a "social experiment." Heather McDonald of the
"National Review" worries men and women serving together will result in "a
proliferation of sex."

Eric Bolling of Fox News used the story to test drive a new conspiracy
theory.

(BEGIN VIDEO CLIP)

ERIC BOLLING, FOX NEWS ANCHOR: Why did they float this today? Is it
because yesterday Hillary Rodham Clinton was on the Hill getting grilled
about something about dead Americans, and now they needed to get that shiny
object over here, women on the front lines, to turn the attention and the
obliging media goes yep, there it is; there`s our new story for all day
tomorrow.

(END VIDEO CLIP)

SCHULTZ: Meanwhile, right-wing troll Tucker Carlson shared his
thoughts on Twitter. "Feminists` latest victory, the right to get your
limbs blown off in war. Congratulations."

Carlson, who has never served in the military, also had a difficult
time distinguishing combat from domestic assault. "The administration
boasts about sending women to the front lines on the same day Democrats
push the Violence Against Women Act."

It must be tough for a guy who Tweets for a living to understand the
toll of war. So here are a few statistics. Women make up 15 percent of
the force and have paid the ultimate price again and again. Over 150 have
died and more than 800 have been wounded serving their country in Iraq and
Afghanistan.

Despite those sacrifices, Iraq war veteran Ryan Smith says he`s still
not comfortable with the idea. He writes in the "Wall Street Journal" that
women shouldn`t fight because men might have to "poop in front of them."

(BEGIN VIDEO CLIP)

RYAN SMITH, IRAQ WAR VETERAN: So if you had to go in the restroom,
you had to pee in a bottle inches from the comrade next to you, if you had
to go -- if you develop dysentery, you had to poo in a bag, in an MRE bag
inches from your comrade`s face. Now, introducing women into that
environment can be really traumatic and humiliating.

And combat`s already difficult enough. You don`t need to add this
other layer.

(END VIDEO CLIP)

SCHULTZ: Congresswoman Tulsi Gabbard of Hawaii, also an Iraqi war
vet, had news for Mr. Smith.

(BEGIN VIDEO CLIP)

REP. TULSI GABBARD (D), HAWAII: Well, Ryan, I respect you and thank
you for your service. I`ve been honored to serve with many women who`ve
already operated under these circumstances. This is not something new.
Some of the things that you`ve described are things that I and friends of
mine and people that I`ve served with have already experienced.

(END VIDEO CLIP)

SCHULTZ: Joining us tonight, Goldie Taylor, MSNBC contributor,
managing editor of "The Goldie Taylor Project" and former Marine. Goldie,
thank you for your time tonight.

Your response to some of the rhetoric you just heard.

GOLDIE TAYLOR, "THE GOLDIE TAYLOR PROJECT": I frankly just find it
astounding. You know, women have been serving in our armed forces and in
military operations around the world for decades. The fact is we`re doing
the job. We`re helicopter pilots. We`re Marine Corps, you know, military
police officers. We`re military intelligence officers.

We just don`t get formally recognized for it. And we certainly don`t
get paid for it. There`s a differential pay for someone who is formally
recognized as being a part of infantry. That is a boost in pay and
benefits that women don`t have access to. Certainly, if you serve on the
front line, you have greater access to leadership positions. That
opportunity is cut off for women who, again, not formally recognized.

I don`t know how much recognition you need than to look at someone
like Tammy Duckworth who comes home missing her legs, or someone like a
Shoshana Johnson, who was a POW, or someone like a Jessica Lynch, who was
shot in the heels of her feet. So I don`t know how much more formal
recognition you need that women are doing the job today.

SCHULTZ: Women have to volunteer for combat duty and face the same
physical standards that men do. Is that an issue or not an issue at all?

TAYLOR: You know, I went through boot camp back in 1987. My former
husband attempted to go through boot camp that very same year. He did not
graduate from boot camp and was returned home not a Marine. I, on the
other hand, did complete boot camp and did rise to the challenge. I do
believe that the standards for infantry should be high. They should not be
relaxed.

But if a woman can meet the physical and mental challenges of serving
on the front line, then she darn well ought to be able to serve on the
front line, be recognized, be promoted, and be paid for it.

SCHULTZ: Some conservatives are saying that they`re concerned because
if women were to become captives that they would be possibly exploited
sexually, what`s your response to that?

TAYLOR: My response is that women who served in our United States
armed forces are more likely -- more likely to be sexually battered and
abused by their brethren in their own service. You know, the fact of the
matter is we have been brushing under the rug, you know, the incidences of
rape between soldiers and Marines and sailors for any number of years.
They don`t get investigated.

And at the end of the day, those women are sent home, their careers
are often ended, and the men are simply moved from duty station to duty
station and continue to serve. So this is a reality that we already face
today. It`s not something brand new. At the end of the day, being in the
armed forces really is a man`s world. But we`ve been operating in it and
we`ve been doing it well.

SCHULTZ: All right. Goldie Taylor, thank you for joining us tonight.
Appreciate it so much.

That`s THE ED SHOW. I`m Ed Schultz. "THE RACHEL MADDOW SHOW" starts
right now. Good evening, Rachel.

RACHEL MADDOW, MSNBC ANCHOR: Good evening, Ed. Thank you, my friend.

SCHULTZ: Thank you.

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY
BE UPDATED.
END

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