PBS NewsHour; Wednesday, December 7, 2022, 3:00pm-4:00pm PST

WARNOCK WINS. A LARGER MAJORITY IN THE U.S. SENATE. THE FUTURE OF ELECTIONS, THE SUPREME COURT HEARS A CASE THAT COULD GIVE STATE LEGISLATURES NEARLY UNCHECKED POWER TO CHANGE VOTING RULES. RUSSIAN INVASION. WE SPEAK WITH THE LITHUANIAN PRIME MINISTER ABOUT E WAR IN UKRAINE AND THE WEST'S RESPONSE >> COUNTRIES THAT ARE IN POSSESSION OF ALL SORTS OF WEAPONS THAT WOULD BE USEFUL FOR UKRAINE TO DEFEND ITS LAND AND RESTORE ITS TERRITORIAL INTEGRITY SHOULD BE SENT TO UKRAINE. JUDY: ALL THAT AND MORE ON TONIGHT'S PBS NEWSHOUR.

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A FULL, SIX-YEAR TERM. HE DEFEATED THE REPUBLICAN CHALLENGER HERSCHEL WALKER. WE BEGIN COVERAGE OF THE RUNOFF RESULT AND WHAT IT MEANS. REPORTER: A TRIUMPHANT RETURN TO WASHINGTON. SENATOR RAPHAEL WARNOCK GREETING CHUCK SCHUMER. HE WINS AFTER THE STATES ARE RECORD TURNOUT IN THE RUNOFF, MORE THAN 3.5 MILLION VOTES CAST. IN HIS VICTORY SPEECH, DEMOCRACY AND THE FIGHT TO PROTECT AND EXPAND THE RIGHT TO VOTE WAS FEATURED. >> JUST BECAUSE THEY ENDURED THE RA AND COLD AND ALL KINDS OF TRICKS IN ORDER TO VOTE DOES NOT MEAN VOTER SUPPRESSION DOES NOT EXIST. IT MEANS YOU THE PEOPLE HAVE DECIDED YOUR VOICES WILL NOT BE SILENCE. REPORTER: LAST YEAR, WARNOCK BECAME THE FIRST BLACK SENATOR TO REPRESENT GEORGIA, A STATE

THAT HAS GROWN CURRENT -- MORE DIVERSE FOR DEMOCRATS. HE IS ON TRACK FOR A ROUGHLY TWO POINT MARGIN OF VICTORY AGAINST HERSCHELALKER, A RETIRED FOOTBALL STAR. >> THE BEST THING I HAVE EVER DONE IN MY WHOLE AND BUYER LIFE -- ENTIRE LIFE IS RUN FOR THE SENATE RACE. REPORTER: WALKER ADMITTED DEFEAT AND ENCOURAGED SUPPORTERS TO BELIEVE IN ELECTION OFFICIALS. >> BELIEVE IN AMERICA, THE CONSTITUTION, OUR ELECTED OFFICIALS. >> WE HAVE TO FIGURE OUT WHAT WE HAVE TO DO DIFFERENTLY. REPORTER: RICK SCOTT, WHO LED THE SENATE GOP CAMPAIGN ARM DECLINED TO SAY IF THE PARTY NEEDS TO DISTANCE ITSELF FROM TRUMP. >> WE HAVE TO HAVE A MESSAGE THAT WHEN REPUBLICANS RUN, YOU SAY THIS IS WHAT REPUBLICANS WILL GET DONE. REPORTER: AT THE WHITE HOUSE, JOE BIDEN CALLED WARNOCK AREA. >> I AM GEORGIA.

I AM AN EXAMPLE IN ITERATION OF ITS HISTORY. IT'S PAIN AND PROMISE, THE BRUTALITY. REPORTER: TO CAPS OFF THE FINAL RACE O THE 2022 MIDTERM ELECTIONS AND FIRST TIME SINCE 1924 THAT THE PRESIDENT'S PARTY DID NOT LOSE ANY SENATE SEATS. JUDY: SENATOR WARNOCK'S WIN HAS HELP GEORGIA SIDIFY ITSELF AS A BATTLEGROUND STATE AND GIVE DEMOCRATS A CRITICAL ADVANTAGE IN THE SENATE. STEPHEN FOWLER HAS BEEN KEEPING A CLOSE WATCH ON THE RUNOFF. WELCOME BACK. TELL US, WHAT MADE THE DIFFERENCE FROM NOT BEING ABLE TO REACH 50% TO A TWO POINT 8% MARGIN OVER HERSCHEL WALKER.

HOW DID HE DO IT? >> LOOKING AT THE TOP LEVEL RESULTS, RAQUEL WARNOCK IMPROVED HIS MARGINS IN 100 48 OUT OF 159 COUNTIES IN GEORGIA. HE IMPROVED AND DEMOCRATIC STRONGHOLDS WHERE HE RUN UP THE SCORE. HE CUT INTO MARGINS IN CONSERVATIVE BASTIONS. HE DID SO BY REACHING MULTIPLE DIFFERENT GROUPS OF PEOPLE FROM BLACK VOTERS THAT ARE THE DEMOCRATIC BACKBONE, TO YOUNGER VOTERS HOME FOR THE HOLIDAYS, REACHING INTO THOSE RED AREAS AND TRYING TO TARGET CONSERVATIVES AND MODERATES THAT COULD NOT SUPPORT HERSCHEL WALKER BECAUSE OF HIS PAST. JUDY: SPEAKING OF THAT, THERE WERE QUESTIONS BOTH IN THE GENERAL AND RUNOFF ABOUT HERSCHEL WALKER'S

QUALIFICATIONS, HIS PERSONAL LIFE. YET, HE WAS STILL ABLE TO COME CLOSE. AS WE SAID, ALMOST THREE POINTS. WHAT ARE RUBLICANS IN THE STATE SAYING TODAY? >> THERE IS A LOT OF SOUL-SEARCHING AND FINGER-POINTING. REPUBLICANS MADE THE ARGUMENT THAT ANYONE ELSE BUT HERSCHEL WALKER WOULD BE A REPUBLICAN U.S. SENATOR BECAUSE OF HIS UNIQUE FLAWS AS A CANDIDATE. HIS PAST. HE MADE COMMENTS ABOUT EVERYTHING FROM GRADUATING FROM THE UNIVERSITY OF GEORGIA, CLAIMING HE WAS IN LAW ENFORCEMENT, HIS BIOGRAPHY WAS RIDDLED WITH FALSEHOODS. THEN, THERE WERE ALLEGATIONS OF THINGS LIKE ALLEGEDLY PRESSURING EX-GIRLFRIEND TO HAVE ABORTIONS DESPITE PUBLICLY OPPOSING ALL ABORTION RIGHTS. AS THE TYPE OF THINGS THAT MADE REPUBLICANS UNCOMFORTABLE

SENDING INTO THE SENATE EVEN THOUGH HE WOULD HAVE VOTED FOR POLICIES REPUBLICANS WANTED. IT CAME DOWN TO WHAT RAPHAEL WARNOCK SAID DURING THE RUNOFF, THAT THE RACE WAS ABOUT CHARACTER AND COMPETENCE AND ULTIMATELY AT THE END OF THE DAY, MORE GEORGIANS FELT HE HAD THAT. JUDY: I NOW YOU HAVE BEEN LOOKING AT WHAT THIS MEANS IN THE SENATE, NOW THAT THE DEMOCRATS HAVE A TIE, THEY HAVE A WHOPPING 51-49 MAJORITY. WHAT ESSENTIALLY IS THAT EXPECTED TO MEAN IN TERMS OF WHAT GETS DONE? >> IT'S A DEEP SIGH OF RELIEF FOR DEMOCRATS. NOW THEY HAVE GOT BY CONTROL OF THE SENATE, IT MEANS LIKE THINGS LIKE CONFIRMATIONS GO SMOOTHER. IT WEAKENS THINGS LIKE SENATOR JOE MANCHIN AND KYRSTEN SINEMA WHO SOMETIMES OBSTRUCT POLICY GOALS.

IT GIVES THEM AN EXTRA SEAT HEADING INTO THE 2024 ELECTION CYCLE, IT'S A LITTLE BIT TOUGHER FOR THEM WHO FACE AN UPHILL BATTLE. IT DOES NOT NECESSARILY GIVE THEM FREE REIGN SINCE REPUBLICANS DID TAKE THE HOUSE BACK, GET SOME EXTRA BREATHING ROOM TO GET MORE DONE. JUDY: WE SHOWED WITHOUT REPORT, BIG SMILE ON CHUCK SCHUMER'S FACE. LOOKING AHEAD TO 2024, WHAT ARE YOU HEARING ALREADY ABOUT WHAT THIS COULD MEAN IN TERMS OF GEORGIA'S PLACE? >> IN ADDITION TO THAT, ATLANTA IS A FINALIST CITY TO HOST THE DEMOCRATIC CONVENTION. GEORGIA IS A POWER PLAYER HEADING INTO 2024. WITH REPUBLICAN VICTORIES AT THE

STATE LEVEL, FINDING A PATH FORWARD WITHOUT DONALD TRUMP LOOMING OVER THE REPUBLICAN PARTY, BOTH SIDES HAVE TIME AND ENERGY. JUDY: IT'S GOING TO BE AN EXCITING TIME. STEPHEN FOWLER, THANK YOU. IN OTHER NEWS, THE U.S. SUPREME COURT WILL DECIDE WHETHER STATE LAWMAKERS HAVE ABSOLUTE AUTHORITY TO STATE THAT SHAPE ELECTION DISTRICTS. REPUBLICANS ARGUE THAT STATE COURTS SHOULD HAVE NO ROLE IN THE PROCESS, THOSE COURTS HAVE REJECTED REPUBLICAN DRAWN DISTRICTS AS ILLEGALLY GERRYMANDERED. IN THE BIDEN ADMINISTRATION, THEY RERSE THEMSELVES AND SAYS IT WILL APPEAL A FEDERAL COURT

RULING AGAINST PANDEMIC ERA LEGAL ASYLUM RESTRICTIONS ON MIGRANTS. THE DRUG POLICY KNOWN AS TITLE 42 ALLOWED BORDER OFFICIALS TO RAPIDLY EXPEL MIGRANTS. A JUDGE HAD ORDERED IT TO END BY DECEMBER 21, BUT BORDER CROSSINGS ARE SURGING IN THE ADMINISTRATION SAID IT ONCE A HIGHER COURT TO KEEP TITLE 42 IN PLACE. IN RUSSIA, VLADIMIR PUTIN PLAYED DOWN THE RISK OF NUCLEAR WAR OVER UKRAINE HE SPOKE TO HIS HUMAN RIGHTS COUNCIL AND STOP SHORT OF SAYING MOSCOW WOULD BE THE FIRST TO GO NUCLEAR, BUT INSISTED THE NUCLEAR ARSENAL IS MEANT TO BE A DETERRENT. >> WE HAVE NOT GONE MAD. WE ARE NOT GOING TO SWING THEM LIKE A RAZOR. WE PERCEIVE THAT WE HAVE THEM. JUDY: HATE KNOWLEDGE THE WAR IS TAKING LONGER THAN EXPECTED, HE

SAID IT COULD BE A LENGTHY PROCESS. PERU IS IN POLITICAL TERMINAL AFTER THE PRESIDENT TRIED TO DISSOLVE CONGRESS TODAY. PROTESTER UPTON WHEN HE ANNOUNCED HE WOULD RULE BY DECREE AND INSTALL AN EMERGENCY GOVERNMENT. SENIOR MINISTERS CALLED AND ATTEMPTED COUP. CONGRESS VOTED HIM OUT OF OFFICE. HE SWORE IN THE VICE PRESIDENT. CHINA ROLLED BACK COVID RESTRICTIONS TODAY, EFFECTIVELY ENDORSING MOVES UNDERWAY. BEIJING AND OTHER CITIES HAVE STOPPED REQUIRING A NEGATIVE TEST TO ENTER MOST PUBLIC PLACES. PEOPLE WITH MILD SYMPTOMS MAY ISOLATE AT HOME INSTEAD OF GOVERNMENT CENTERS. THE ANNOUNCEMENT BROUGHT CAUTIOUS REACTIONS. >> OUR LIFE AND WORK HAS BECOME MORE CONVENIENT BECAUSE WE DON'T NEED NEGATIVE COVID TESTS TO

ENTER OFFICE BUILDINGS ANYMORE. ON THE OTHER HAND, BECAUSE PEOPLE ARE NOT TESTING ANYMORE, WE WILL NOT KNOW IN A TIMELY MANNER. JUDY: DESPITE THE ANNOUNCEMENT, THE NATIONAL HEALTH RESTRICTION SAYS RESTRICTIONS MAY NOT BE COMPLETELY LIFTED UNTIL 2023. AUTHORITIES IN INDONESIA PAROLED AN ISLAMIC MILITANT WHO HELPED BUILD BOMBS THAT KILLED 202 PEOPLE 20 YEARS AGO. HE HAD SERVED ROUGHLY HALF OF HIS 20-YEAR PRISON SENTENCE. BUT, OFFICIALS SAID HE'S BEEN REFORMED, AND WILL HELP DE-RADICALIZE OTHER MILITANTS. BACK IN THIS COUNTRY, MORE CLASSIFIED DOCUMENTS FROM THE TRUMP WHITE HOUSE HAVE TURNED UP, THIS TIME AT A STORAGE FACILITY IN FLORIDA. LAWYERS FOR FORMER PRESIDENT TRUMP FOUND AT LEAST 2 ITEMS MARKED CLASSIFIED AT THE UNIT IN WEST PALM BEACH, NEAR HIS MARALAGO ESTATE. THE MATERIAL HAS BEEN TURNED OVER TO THE FBI.

UTILITY OFFICIALS IN CENTRAL NORTINARHY A OLTHSAEY POWER TO BE FULLY RESTORED FOR THOUSANDS OF CUSTOMERS BY LATE TONIGHT. REPAIRS BEGAN SATURDAY AT 2 POWER SUBSTATIONS DAMAGED BY GUNMEN. THE ATTACKS INITIALLY KNOCKED OUT POWER TO 45,000 HOMES AND BUSINESSES. OFFICIALS TODAY ANNOUNCED AWARDS TOTALING $75,000 WITH INFORMATION LEADING TO AN ARREST. ON WALL STREET, STOCKS HAD A RELATIVELY QUIET DAY. THE DOW JONES INDUSTRIAL AVERAGE GAINED JUST ONE POINT TO CLOSE NEAR 33,598. THE NASDAQ FELL 56 PNTS. THE S&P 500 SLIPPED 7. STILL TO COME ON THE NEWSHOUR, GERMAN POLICE ARREST EXTREMISTS ATTEMPTING A POOL. A MUSEUM WORKS TO GREET ARTIFACTS LOOTED FROM WEST AFRICA. PLUS, MUCH MORE. >> THIS IS THE PBS NEWSHOUR FROM WASHINGTON AND WALTER CRONKITE

SCHOOL OF JOURNALISM AT ARIZONA STATE UNIVERSITY. JUDY: THE U.S. SUPREME COURT HEARD ARGUMENTS IN A CASE THEY COULD HAVE FAR-REACHING EFFECTS AND DRAMATICALLY RESHAPE THE COUNTRY'S ELECTIONS. JOHN YANG EXPLAINS. REPORTER: JUDY, THIS CASE HINGES ON THE INTERPRETATION OF THESE 22 WORDS IN THE CONSTITUTION. THE TIMES, PLACES AND MANNER OF HOLDING ELECTIONS FOR SENATORS AND REPRESENTATIVES SHALL BE PRESCRIBED IN EACH STATE BY THE LEGISLATURE THEREOF. NOW, DOES THAT MEAN ONLY STATE LAWMAKERS CAN REGULATE ELECTIONS, INCLUDING DRAWING CONGRESSIONAL DISTRICTS, HOWEVER THEY WANT TO WITHOUT STATE COURTS REVIEWING THEIR DECISIONS, OR SHOULD THE TERM LEGISLATURE BE READ BROADLY? TO MEAN THE ENTIRE APPARATUS OF STATE GOVERNMENT, INCLUDING STATE COURTS INTERPRETING STATE CONSTITUTIONS? JUSTICES WRESTLED WITH THIS CASE FOR NEARLY THREE HOURS TODAY, TWICE THE ALLOTTED TIME.

MAIA COYLE IS CHIEF WASHINGTON CORRESPONDENT FOR THE NATIONAL LAW JOURNAL. AND NATE PERSONALLY IS AN ELECTION LAW SCHOLAR AT STANFORD UNIVERSITY. THE IMMEDIATE CASE HERE IS AUT REDISTRICTING IN NORTH CAROLINA. THE STATE COURT SET THE LAWMAKERS BACK TO THE DRAWING BOARD TWICE. AND EVEN THE SECOND STEP THEY SAID WAS A PRO REPUBLICAN GERRYMANDER. AND SO THEY HAD A PANEL OF EXPERTS DRAW UP THE COURT'S OWN MAP FOR USE IN LAST MONTH'S ELECTIONS. WHAT ABOUT THE FUTURE? WHAT ARE THE CONSEQUENCES IF THE COURT ADOPTS THIS THEORY WHICH IS CALLED THE INDEPENDENT STATE LEGISLATURE THEORY? >> WELL, THEY COULD ISSUE A NARROW RULING OR THEY ULD ISSUE A RO REALLY. AT ITS NROWEST, THE COURT WOULD SAY THAT, TH STATE CONSTITUTIONS REALLY CANNOT CONSTRAIN STATE LEGISLATURESO THAT A STATE JUDGE WHETHER IT'S AT THE STATE SUPREME COURT OR A TRIAL COURT JUDGE WOULD NOT BE ABLE TO USE THE STATE' CONSTITUTION TO PREVENT PARTISAN GERRYMANDERING.

BUT THERE COULD BE BROADER INTERPRETATIONS AS WELL. AND BECAUSE AS YOU MENTIONED, THIS WAS IS NOT A GERRYMANDERING CLAUSE. IT'S A CLAUSE ABOUT ELECTIONS, CONGRESSIONAL ELECTIONS. AND SO THIS COULD POTENTIALLY PREVENT STATE COURTS FROM APPLYING STATE CONSTITUTIONAL PROVISIONS THAT APPLY TO ALL OF THE ELECTORAL SYSTEM. ABSENTEE VOTING, PRIMARY ELECTIONS. ANYTHING THAT COULD BE INTERPRETED AS THE TIME, PLACE AND MANNER OF CONGRESSIONAL ELECTIONS. REPORTER: ISN'T THIS THEORY WHAT PRESIDENT TRUMP'S LAWYERS USED TO ARGUE ABOUT KEEPING DONALD TRUMP IN THE WHITE HOUSE AFTER THE 2020 ELECTIONS? >> WELL, THAT'S RIGHT. THAT'S NOT THIS PARTICULAR CLAUSE. THE'S A SEPARATE CLAUSE IN ARTICLE TWO THAT RELATES TO PRESIDENTIAL ELECTORS AND THE POWER OF A STATE LEGISLATURE TO APPOINT THEM. SO IF YOU REALLY BELIEVE THAT THE STATE LEGISLATURE IS INDEPENDENT, AND IS NOT SUBJECT TO STATE JUDICIAL REVIEW UNDER A STATE'S CONSTITUTION, THAT WOULD APPLY TO THE STATE'S CHOICE OF ELECTORS AS WELL, WHICH WOULD BE GIVEN SOLELY TO THE STATE LEGISLATURE. REPORTER: MARCIA, YOU'RE IN THE COURTROOM TODAY FOR THESE THREE

HOURS OF ARGUMENTS. THERE WAS A LOT OF SKEPTICISM FROM THE LIBERAL JUSTICES ABOUT THIS. HERE'S JUSTICE ELENA KAGAN. >> WHEN WE THINK ABOUT THIS WORD, LEGISLATURE, WE'RE THINKING ABOUT IT AS EMBEDDED IN A SYSTEM OF CONSTRAINTS. AND ONE OF THOSE CONSTRAINTS IS THE GOVERNOR AND ANOTHER OF THOSE CONSTRAINTS AS THE COURTS. AND THAT'S THE NORMAL WAY THAT LEGISLATURES OPERATE AND ACT, IS AS SUBJECT NOT AS ABSOLUTE BUT AS SUBJECT TO CONSTRAINTS. REPORTER: WHAT'S THE SIGNIFICANCE OF THAT? >> THIS IS VERY IMPORTANT, JUSTICE KAGAN, AND ALSO THE THIS CONCERN WAS ECHOED BY JUSTICE SOTOMAYOR AND JUSTICE JACKSON THERE. AS JUSTICE KAGAN FURTHER EXPLAINED, UNDER THIS THEORY THAT THE REPUBLICAN LEADERS OF THE NORTH CAROLINA LEGISLATURE ARE PUSHING, JUSTICE KAGAN SAID THE THEORY WOULD GET RID OF CHECKS AND BALANCES, THE NORMAL CHECKS AND BALANCES THAT WSEE OPERATING IN GOVERNMENT TODAY AND SHE SAID THAT ARE CRITICALLY NEEDED RIGHT NOW MORE THAN EVER.

SO THAT CONCERN CONTINUED TO PLAY IN HER QUTIONING, AS WELL AS THE OTHER JUSTICES. IN FACT, JUSTICE JACKSON MADE A POINT THAT SHE HAD A HARD TIME SHE SAID, WRAPPING HER MIND AROUND THE FACT. WELL, STATE CONSTITUTIONS ARE THE SOURCE OF AUTHORITY FOR STATE LEGISLATURES. AND HERE STATE LEGISLATURES AND UNDER THIS THEORY, ARE SAYING WE CAN VIOLATE THE STATE CONSTITUTION. RERTER: NOW FOR THE CONSERVATIVE MAJORITY, ORIGINALISM IS VERY IMPORTANT TO THEM THE HISTORY AND TRADITION OF THE LAWS. TODAY, THERE WAS EVEN A QUESTION ABOUT FROM JUSTICE ALITO ABOUT THE MEANING OF FAIR ELECTIONS IN THE NORTH CAROLINA CONSTITUTION IN THIS EXCHANGE WITH DONALD PERRELLI WHO WAS ARGUING FOR THE NORTH CAROLINA ELECTION OFFICIALS. >> WHAT IS THIS FREE ELECTIONS CLAUSE TRYING TO GET AT IN THE NORTH CAROLINA CONSTITUTION AND THE OTHER CONSTITUTIONS THAT ADOPTED IT AT THE TIME OF THE FRAMING? >> 1776. 200 PLUS YEARS AGO. WAS ANYBODY AT THAT TIME SAYING

ELECTION ISN'T FREE, IF THERE'S POLITICAL GERRYMANDERING? REPORTER: WHERE ELSE DID THIS ARGUMENT COME UP TODAY? >> WELL, THIS THIS CASE, VERY MUCH INVOLVES WHAT AT LEAST FOUR JUSTICES ARE COMMITTED TO, ORIGINALISM. THEY LOOK AT CONSTITUTIONAL QUESTIONS THROUGH THE LENS OF TEXTS, HISTORY AND TRADITION. AND SO THE SUPPORTERS OF THIS THEORY BELIEVE THAT HISTORY IS ON THEIR SIDE, WHEREAS THE ABUNDANCE OF THE THEORY, I BELIEVE THAT HISTORY IS ON THEIR SIDE, AND I WOULD HAVE TO SAY THAT THE WEIGHT OF HISTORY IF YOU DO RESPECT AMERICAN HISTORIANS, AND THEY FILED NUMEROUS BRIEFS AND IN THIS CASE, THE WEIGHT OF HISTORY IS REALLY ON THE OPPOSITE SIDE OF THE NORTH CAROLINA REPUBLICAN LAWMAKERS. MR. VERRILLI WAS TALKING ABOUT THE FREE ELECTION CLAUSE IN THE NORTH CAROLINA CONSTITUTION. 30 STATES I BELIEVE.

THE PROFESSOR CAN CORRECT ME IF I'M WRON HAVE THOSE FREE ELECTION CLAUSES. MANY OF THEM WERE ADOPTED IN THE LATE 18TH CENTURY, EARLY 19TH CENTURY, AND TODAY THEY'RE VIEWED AS REQUIRING FAIR ELECTIONS AND THE FAIR ADMINISTRATION OF ELECTIONS. JUSTICE ALITO'S COMMENTS SEEM TO SUGGEST WELLHE WAS SKEPTICAL , THAT WHEN THEY WERE ADOPTED AND EVEN EARLIER THAN ANYBODY HAD IN MIND PARTISAN GERRYMANDERING. REPORTER: WOULD THOSE PARTS OF THOSE STATE CONSTITUTIONS GO AWAY IF THE, IF THE SUPREME COURT ADOPTED THIS REASONING, THIS THEORY? >> WELL, THEY WOULDN'T APPLY TO FEDERAL ELECTIONS. THEY MIGHT STILL APPLY TO STATE ELECTIONS. BUT THE IDEA OF THE INDEPENDENT STATE LEGISLATURE DOCTRINE IS THAT THE LEGISLATURES ARE INDEPENDENT AND THAT THE STATE CONSTITUTIONAL PROVISIONS RELATED TO ELECTIONS COULDN'T BE APPLIED TO THEM BY THE STATE SUPREME COURT. I REALLY WANT TO EMPHASIZE HOW SORT OF RADICAL THIS IDEA IS. I MEAN, WHEN SORT OF IN HIGH SCHOOL CIVICS, WE LEARNED ABOUT FEDERALISM, WE LEARN ABOUT SEPARATION OF POWERS AND CHECKS AND BALANCES, THIS RIPS ALL OF THAT AWAY. YOU'RE GOINGO HAVE POTENTIALLY THE U.S. SUPREME COURT TELLING A

STATE SUPREME COURT WHAT IT'S ABLE TO DO, AND IT'S GOING TO BASICALLY ON MORE THE STATE LEGISLATURES FROM THEIR CONSTITUTIONS. REPORTER: WHO SEEMED TO BE THE STRONGEST PROPONENTS OF THIS IDEA OF THE INDEPENDENT STATE LEGISLATURE THEORY? >> ON THE COURT. IT'S HARD TO SAY WHO WAS STRONGEST, I WOULD SAY THAT MOST SYMPATHETIC APPEARED TO BE JUSTICES ALITO, THOMAS AND GORSUCH. AND THEN AS I MENTIONED EARLIER, THE ONES WITH THE GREATEST SKEPTICISM AND CONCERN ARE KAGAN SOTOMAYOR AND JACKSON. NOW THAT SORT OF LEAVES THE CHIEF JUSTICE, AND JUSTICES CAVANAUGH AND AMY CONEY BARRETT, WHO REALLY DIDN'T TIP THEIR HANDS EITHER WAY. ALL 3 OF THEM MADE COMMENTS THAT MIGHT LEAD YOU TO BELIEVE THAT THEY COULD GO EITHER WAY. SO WE'RE JUST GOING TO HAVE TO WAIT AND SEE BUT I THINK THOSE THREE JUSTICES MAY WELL HOLD THE KEY TO THE FATE OF THIS THEORY, WHICH, AS THE PROFESSOR SAID, IS REALLY CONSIDERED REVOLUTIONARY. REPORTER: THANK YOU VERY MUCH. JUDY: A MASSIVE U.S. BILL ROLLED

OUT LATE LAST NIGHT, IS MAKING ITS WAY THROUGH CONGRESS. THE NDAA IS A 4000 PAGE BILL PUT TOGETHER BY FIVE -- BIPARTISAN NEGOTIATORS. IT SETS PARAMETERS FOR THE MILITARY. AND THIS YEAR IT INCLUDES MAJOR POLICY CHANGES. OUR LISA DESJARDINS IS ON CAPITOL HILL WITH MORE. FIRST OF ALL, WHAT IS IN THIS BILL. REPORTER: THIS IS A SWEEPING PIECE OF LEGISLATION. I HAVE NOT READ ALL 4000 PAGES. OVERALL, A 4.6% PAY RAISE WITH MORE SUPPORT FOR UKRAINE. THIS INCLUDES A GREAT DEAL OF

IMPORTANT POLICY. JUDY: STARTING WITH HOW WE CHANGE THE MILITARY JUSTICE SYSTEM. REPORTER: THIS IS HISTORIC AND SOMETHING WE HAVE DISCUSSED ON THE SHOW FOR YEARS. RIGHT NOW IN GENERAL, COMMANDERS ARE THE ONES WHO OVERSEE WHETH THOSE WHO SERVE UNDER THEM WOULD BE PROSECUTED. THIS BILL WOULD CHANGE THAT. THOSE CRIMES INCLUDE THINGS LIKE MURDER, SEXUAL ASSAULT, WHICH SHOULD BE INCLUDED OVER THE COURSE OF TWO YEARS. THIS INCLUDES THINGS SENATORS HAVE BEEN WORKING ON. KIRSTEN GILLIBRAND SPOKE ABOUT WHY THIS WAS IMPORTANT TO HER. >> TAKING THESE CASES AND OTHER TYPES OF VIOLENT FELONIES WILL

ALLOW FOR A SERIOUS LOOK SO THAT THERE CAN BE A CHANCE OF CONVICTI. THE CONVICTN RATE IS EXTREMELY LOW. SO FEW CASES GO TO TRIAL AND COURT-MARTIAL. REPORTER: WE KW THERE IS A LOW RATE OF REPORTING THINGS LIKE SEXUAL ASSAULT. THIS IS SOMETHING SHE WORKED BEHIND THE SCENES TO GET IN THIS BILL. JUDY: ANOTHER PART OF THE BILL THAT IS GETTING A LOT OF ATTENTION IS COVID VACCINATIONS. REPORTER: THAT'S RIGHT, LET'S LOOK AT THE POLICY. CURRENTLY, MEMBERS ARE MANDATED TO BE FULLY VACCINATED. THIS BILL REACHED SOMETHING

REPUBLICANS -- THERE ARE SOME 8000 PEOPLE WHO HAVE BEEN DISCHARGED FROM THE MILITARY FOR REFUSING, THIS BILL WOULD CHANGE THAT AND THE MANDATE WITHIN THEIR AND IT WOULD NOT REINSTATE THOSE WHO HAVE BEEN DISCHARGED. THIS IS A SUBJECT THAT CROSSES CULTURAL AND PUBLIC-HEALTH DEBATES, BUT IT IS SOMETHING SOME REPUBLICANS PUSHED FOR HARD , RAISING CASES OF 8000 SERVICE MEMBERS WHO HAVE BEEN DISCHARGED. IT IS SOMETHING DEMOCRATS DID NOT WANT TO GIVE UP, THEY THINK THIS IS A MISTAKE AND COULD AFFECT THE READINESS OF SOME TROOP AND SOMETHING DEMOCRATS WERE WILLING TO PUT ON THE TABLE BECAUSE THEY WANTED THE POLICIES INSIDE OF IT.

99% OF THE MILITARY RIGHT NOW HAS HAD ONE COVERT SHOT. JUDY: WE KNOW A FAIR AMOUNT OF COMPROMISE HAD TO GO IN BEFORE IT HIT THE FLOOR. TONIGHT, THERE SEEMS TO BE A SNAG. THERE ARE SO MANY CROSS PLOT LINES. AS WE SPEAK, CONGRESSIONAL DEMOCRATS ARE NOT JUST THINKING ABOUT THE FACT THEY WILL NO LONGER CONTROL THE HOUSE, AS THAT THIS IS YEARS -- THEY ARE LOOKING FOR ANY LEGISLATION. THIS DEFENSE AUTHORIZATION BILL COULD BE THE LAST MAJOR BILL TO PASS IN CONGRESS. THE CONGRESSIONAL BLACK CAUCUS IS MEETING, THEIR VOTES ARE NEEDED, THEY ARE THINKING OF

THHOLDING THOSE VOTES. THIS COULD BE ONE OF THE LAST TRAINS OUT OF CONGRESS. WE WILL KEEP YOU UP-TO-DATE ON THAT. WAITING ON THE CONGRESSIONAL BLACK CAUCUS TO SEE IF THEY WILL GET ON BOARD MORNING SOME OTHER -- OR OTHER DEMANDS MET. JUDY: THAT'S A BIG PRIORITY FOR DEMOCRATS. IT IS SO INTERESTING TO WATCH ALL OF THIS NOT GOING TO GET MUCH SLEEP TONIGHT. MORE THAN TWO DOZEN PEOPLE SUSPECTED OF PLOTTING AN ARMED

COUP HAS BEEN ARRESTED IN GERMANY HA -- IT'S EXECUTING TOP GOVERNMENT OFFICIALS. REPORTER: UNDER THE COVER OF NIGHT, A PLOT FOILED. >> SEVERAL MEMBERS OF THE PARLIAMENT -- REPORTER: 25 PEOPLE WERE ARRESTED, SUSPECTED OF PLANNING A COUP TO OVERTHROW THE GOVERNMENT. ALL CONNECTED TO A FAR RIGHT EXTREMIST MOVEMENT THAT DENIES THE LEGITIMACY OF THE POSTWAR GOVERNMENT. >> THE SUSPECTED TERRORIST GROUP WAS FOUNDED ON FANTASIES AND CONSPIRACY IDEOLOGIES. REPOER: 22 OF THOSERRESTED ARE ALLEGED MEMBERS OF THE

GROUP. TWO MORE WERE DETAINED IN ITALY. DEIE TWO SUSPECTED RINGLEADERS. POLICE RAIDS WERE NOT UNUSUAL IN A COUNTRY HAUNTED BY ITS NAZI PAST, BUT THE SCALE OF THE OPERATION WAS RARE. OFFICERS CONDUCTED SEARCHES AT 130 SITES. THE PLOT WAS EXPENSIVE, WITH A PLAN TO SET UP A NEW STATE COMPLETE WITH THE MILITARY. >> THEY PROVIDE A GLIMPSE INTO THE TERRORIST THREAT. REPORTER: THE PAST SHOWS THE DANGER IT PRESENTS. IN 2020, SUPPORTERS ATTEMED TO STORM THE GERMAN PARLIAMENT. GERMAN INTELLIGENCE BELIEVES 21,000 PEOPLE ARE INVOLVED IN

THE MOVEMENT, 5% ARE SEEN AS EXTREMISTS. OFFICIS ARE CALLING THE RATE A SUCCESS FOR NATIONAL SECURITY AND THEY HAVE MADE IT CLEAR TOUGH ACTIONS AGAINST HIM IS HIM MUST AND WILL CONTINUE. LET'S TAKE A LOOK AT THE FORCES BEHIND THE PLOT. SHE HAS TRACKED EXTREMIST MOVEMENTS FOR MORE THAN TWO DECADES. WELCOME BACK TO NEWSHOUR. 25 ARRESTED IN THIS CASE OVER 130 SITES, WHAT IS THE SIZE AND SCALE OF THE OPERATION? >> THIS IS PROBABLY ONE OF THE LARGEST DOMESTIC TERRORIST OPERATIONS EVER UNDERTAKEN BY THE GERMAN INTELLIGENCE AGENCY. THE MOVEMENT THAT THESE FOLKS WERE ARRESTED COMES FROM HAS MORE THAN 20,000 FOLLOWERS, IT IS A PRETTY LARGE MOVEMENT.

THIS IS SOMETHING VERY SERIOUS. IT WAS A FULL-FLEDGED COUP ATTEMPT. >> DO YOU KNOW HOW CLOSE THEY WERE TO IMPLEMENTING THE PLAN? >> IT DOES NOT SEEM CLEAR. THINGS WE NOW -- KNOW IS THEY HAD THEIR OWN MINISTER OF CULTURE. WE KNOW THEY HAD WEAPONS AND HAD WEAPONS TRAINING. HOW FAR THEY COULD HAVE GONE IS UNKNOWN. >> TO SEE PARALLELS -- DO YOU

SEE PARALLELS? >> IS NO QUESTION THE MOVEMENT IN GERMANY IS SIMILAR TO SOME ANTIGOVERNMENT MOVEMENTS. THEY WOULD ISSUE THEIR OWN DRIVERS LICENSES, PASSPORTS, REJECT THE FEDERAL STATE. THAT SOUNDS LIKE OUR GOVERNMENTS -- ANTIGOVERNMENT ACTIVISTS IN THE U.S.. THEY WERE MOTIVATED BY QANON. IT HAS MIGRATED ACROSS THE WORLD , INCLUDING INTO GERMANY. THOSE LINKS EXIST, BOTH ON THE IDEOLOGICAL FRONT AND AIMS OF WITH THESE ORGANIZATIONS ARE TRYING TO ACHIEVE. THESE PEOPLE INTERACT WITH EACH OTHER, THEY SHARE IDEAS. ANTI-LOCKDOWN MOVEMENTS ANIMATE

THE MOVEMENT AS WELL. THEY SHARE TACTICS. WEIRD FILINGS AGAINST JUDGES AND THREATS AGAINST JUDGES AND POLICE OFFICERS. GHOST TACTICS ARE USED BY ANTIGOVERNMENT GROUPS UNDER THE BANNER OF SOVEREIGN CITIZENS. THESE THINGS ARE SHARED. THE IDEA A DEEP STATE EXISTS, THAT WAS ONE OF THE MOTIVATING THINGS IN GERMANY. THAT'S AN AMERICAN IDEA. >> GERMAN OFFICIALS WERE TRACKING THESE WORDS. -- GROUPS. DO YOU SEE THE SAME LEVEL OF RESPONSE IN THE UNITED STATES? >> NO. THE UNITED STATES HAS BEEN BEHIND THE EIGHT BALL FOR SOME TIME DEALING WITH DOMESTIC WHITE SUPREMACIST. DURING THE TRUMP YEARS AND BEFORE, THESE THRTS WERE NOT TAKEN SERIOUSLY.

IT'S CHANGED WITH BIDEN. WE HAVE NOT, UNTIL JUNE OF 2021 CLEARLY SAID WE NEED A NATIONAL STRATEGY, AND THAT'S BEEN A PROBLEM. GERMANY HAS BEEN FAR AHEAD OF US. >> SOMEONE WHO KNOWS HOW THESE GROUPS OPERATE,, WHAT LESSON SHOULD WE TAKE AWAY. >> WE NEED TO STRENGTHEN THE FEDERAL RESPONSE TO THIS EXTREMISM. GERMANS HAVE BEEN MORE AGGRESSIVE IN RIDDING EXTREMISM OUT OF THE MILITARY, FOCUSED ON THESE KINDS OF THREATS. THEY HAVE A MORE ELABORATE INTELLIGENCE OPERATION TO KEEP TRACK OF THESE INDIVIDUALS. ALL OF THOSE ARE THINGS THE AMERICAN GOVERNMENT CAN LEARN FROM, BECAUSE THESE THREATS ARE NOT DISAPPEARING.

>> THAT IS THE COFOUNDER OF THE GLOBAL PROJECT AGAINST HATE AND EXTREMISM. JUDY: ONE NATO LEADER HELPING DRIVE THE FIGHT AGAINST RUSSIA AND UKRAINE IS IN WASHINGTON THIS WEEK TO SHOW HER STRONG SUPPORT FOR THE ALLIED EFFORT. THE PRIME MINISTER OF WITH THE WAYITOLEAILL.S R HAAND SHE SAT DOWN WITH NICK SCHIFRIN A SHORT TIME AGO. REPORTER: LITHUANIA IS ON THE FRONT LINE, NESTLED BETWEEN THE RUSSIAN ENCLAVE AND HAS TAKEN ON CHINA, LAST YEAR LITHUANIA OPENED AN OFFICE IN TAIWAN, CHINA RESPONDED FURIOUSLY AND TRY TO PUNISH THE COUNTRY

ECONOMICALLY. THE PRIME MINISTER IS HERE WITH US IN STUDIO. THANK YOU VERY MUCH. LET ME SHOW YOU SOMETHING VLADIMIR PUTIN SAID TODAY, >> OUR STRATEGIES TO CONSIDER NUCLEAR WEAPONS. >>'S THE SAME MESSAGE SHE HAS BEEN'S SETTING FOR SOME TIME. IF YOU ASKED ME WHETHER THERE IS SOMETHING NEW, I'VE HEARD THAT SEVERAL TIMES. WE SHOULD TAKE THAT SERIOUSLY. THE QUESTION IS WHAT WE DO. IF WE TAKE THAT SIOUSLY AND DO

NOTHING, THIS IS NOT THE RIGHT THREAT. WHAT IS THE RIGHT STRATEGY? IT'S THE CLEAR MESSAGE, THE RESPONSE WILL BE IMMEDIATE AND A SERIOUS RESPONSE. IF HE SEES THERE IS A RETREAT OR APPEASEMENT, THEY ARE JUST PUSHING BECAUSE THEY THINK IT AS A SIGN OF WEAKNESS. >> THE RUSSIAN NUCLEAR DOCTRINE IS ONE BASIS ARE ATTACKED, RUSSIA COULD CONSIDER A NUCLEAR RESPONSE AND UKRAINE HAS NOT -- UKRAINE DID ATTACK A RUSSIAN BASE EARLIER THIS WEEK WITH DRONES, AND THAT BASE HAS NUCLEAR CAPABLE LONG-RANGE BOMBERS.

HIS ATTACKING A RUSSIAN BASE WITH LONG-RANGE BOMBERS RECKLESS? >> NOBODY CAN JUDGE ACCORDING TO THESE LINES. WELL KNOW MANY THINGS ARE HAPPENING BECAUSE PUTIN DECIDED -- UKRAINE IS DEFENDING ITSELF. >> U.S. OFFICIALS HAVE BEEN CONCERNED ABOUT THE THREAT OF NUCLEAR ESCALATION. YOU HAVE ARGUED THE U.S. SHOULD SEND WEAPONS. DO YOU THINK THERE IS A RISK OF ESCALATION?

>> FOR RUSSIA, YOU CANNOT CALCULATE THE RISK OF ESCALATION. IF THEY WANT TO ESCALATE, THEY WILL ESCALATE. IN PROPAGANDA NOW, THEY ARE NOT FIGHTING YOU RAIN, THEY ARE FIGHTING NATO. THEY NEED TO EXPLAIN WHY THEY ARE LOSING. >> YOU THINK THE U.S. SHOULD SEND WEAPONS. >> I THINK COUNTRIES IN THE POSSESSIONF USEFUL TO DEFEND LO UKRAINE. >> I WANT TO SHOW YOU A COUPLE OF STATEMENTS. HE SAID NEITHER SIDE COULD W MILITARILY AND THEREFORE WHEN

THERE IS AN OPPORTUNITY, SEIZE THE MOMENT. THERE ARE TWO WAYS TO ACHIEVE THAT. BELIEVE IT OR ESTIMATE. >> IT DEPENDS ON HOW SERIOUS YOU THINK THERE IS ROOM FOR NEGOTIATIONS. THEY WANT A CEASE FIRE, THEY WANT TO BREAK FOR PRACTICAL REASONS, NOT FOR PEACE. FOR RESHUFFLING, REARRANGING, SO THEY CAN COME BACK. >> THEY ARE SAYING WE WILL KEEP GOING UNTIL WE WIN.

>> I THINK IT'S THE RIGHT SOLUTION. THE END OF THE WAR IN EUROPE. >> EMMANUEL MACRON GAVE AN INTERVIEW ABOUT THE FUTURE, NATO EXPANSION, HAD TO GIVE GUARANTEES TO RUSSIA. IS HE TOO FOCUSED ON PEACE? >> I THINK HE IS FOCUSED ON THE WRONG ASSUMPTIONS THAT THERE WAS ANY THREAT WHATSOEVER FOR RUSSIA, WE SHOULD THINK ABOUT SECURITY GUARANTEES FOR RUSSIA. THIS IS RIDICULOUS. THE PRESENCE OF NATO ON THE USE TURN FLANK WAS A RESPONSE TO

WHAT RUSSIA DID. NOW WE HAVE NATO PARTNERS ON THE GROUND, FINLAND AND SWEDEN JOINING NATO. LET FRIENDS ARE THERE FOR RUSSIA? THIS IS NONSENSE. WE SHOULD NOT CARE ABOUT SECURITY GUARANTEES, THE WAR CRIMES. >> U.S. OFFICIALS VISITED TAIPEI , THE IMPORTANCE OF LEADERSHIP IN TAIWAN'S ABILITY TO TURN THE LEADERSHIP. WHAT LESSONS YOU THINK TAIWAN

SHOULD TAKE? >> THE MAIN LESSON IS BASICALLY PEOPLE WHO BELIEVE IN FREEDOM AND THEIR COUNTRY ARE INVINCIBLE, VERY TIMES A BIGGER COUNTRY CANNOT DO MUCH ABOUT IT AND IS FAILING ON THE BATTLEFIELD. CONSEQUENCES FOR INFRASTRUCTURE, MANY ATROCITIES GOING ON AS WE SPEAK. THE SPIRIT OF PEOPLE CANNOT BEAT THAT. >> TAIWAN SHOULD THINK OF IT SPIRIT. >> THE FIRST THING IS THAT -- >> THANK YOU VERY MUCH. JUDY: THERE IS A DEBATE OVER HOW

AND WHEN TO REPATRIATE ART. ONE CLEAR CASE OF LOOTING HAS LEADERS STAKING STRONG STAND. JEFFREY BROWN WENT TO LOOK, AS PART OF OUR ARTS AND CULTURE SERIES, CAMPUS. REPORTER: THE BRASS HAND FROM NIGERIA. A TREASURE EXHIBITED IN A FAMED MUSEUM, BUT NOTE THE PLAQUE ARE TELLING US HOW THIS CAME TO BE. AFTER LOOTING, IT WAS SOLD TO THE MUSEUM. >> WE NEED TO COME TO TERMS WITH THE HISTORY AND POTENTIAL OF THE MUSEUM. REPORTER: WHAT STORIES DO MUSEUMS TELL US, WHAT SHOULD THEY TELL US?

ONE ANSWER COMES AT THE REDESIGNED AFRICA GALLERIES AT THE UNIVERSITY OF PENNSYLVANIA MUSEUM OF ARCHEOLOGY AND ANTHROPOLOGY, KNOWN AS THE PENN MUSEUM. >> HOW DO WE TAKE THAT ACTIVATED CONVERSATION AND TRANSFORM THE NARRATIVE IN HERE? SEIZE THIS MOMENT TO TRANSFORM THE MUSEUM, THE NARRATIVES IN THE MUSEUM AND THE SERVICE WE CAN PROVIDE TO THE COMMUNITY ABOUT THE NATIONAL NARRATIVE, ABOUT THE INTERNATIONAL NARRATIVE, ABOUT THE NARRATIVE OF HUMANITY. REPORTER: ZUBERI IS A PROFESSOR OF SOCIOLOGY AND AFRICANA STUDIES AT THE UNIVERSITY. ALSO THE HOST OF HTORY DETECTIVES. >> IT'S ONE OF THE KEY ITEMS IN OUR NEW GALLERIES. BEAUTIFUL. REPORTER: AND A FILMMAKER. >> IF WE'RE GOING TO TELL THE STORY OF HUMAN CIVILIZATION, WE MUST RECONFIGURE THE SPACES TO

SPEAK TO VARIOUS AUDIENCES IN WAYS THAT REMOVE THE RACE BI , AND PREJUDICE, WHICH ARE THE FOUNDATION OF MUSEUMS EVERYWHERE. THESE MUSEUMS WERE TO JUSTIFY EMPIRE, THEY WERE TO JUSTIFY THE COLONIZATION, THE MARGINALIZATION OF CERTAIN GROUPS OF PEOPLE. WE HAVE TO CHALLENGE THAT. REPORTER: THAT'S DONE IN DIFFERENT WAYS TO MAKE CLEAR THE HISTORY OF COLONIALISM AND ENSLAVEMENT THAT LED TO THESE OBJECTS BEG HERE, AND REFRAME THE OBJECTS THEMSELVES, FOR EXAMPLE, THROUGH PHOTOGRAPHS SHOWING HOW THEY WOULD HAVE APPEARED IN THEIR ORIGINAL RELIGIOUS FUNCTIONS. THERE IS ALSO AN EFFORT TO CONNECT PAST AND PRESENT THROUGH THE COMMISSIONING OF WORKS BY CONTEMPORARY ARTISTS FROM THE AFRICAN DIASPORA. >> WE WANTED A STORY THAT SAID, THIS PAST IS IN CONVERSATION WITH OUR NOW. THAT WE HERE ARE STANDING HERE LOOKING AT THESE OBJECTS AND

THEY HAVE A MEANING NOW. >> IDEA IS AN INTRODUCTION, AN INVITATION. COME ON IN, CHECK US OUT. REPORTER: MAJOR QUESTIONS SURROUND THE NAME USED FOR A WIDE VARIETY OF ARTIFACTS THAT DATE TO AT LEAST THE 16TH CENTURY. THEIR STORY IS WELL-DOCUMENTED, AN 1897 BRITISH INVASION, THE LOOTING OF AS MANY AS 10,000 OBJECTS. PHOTOGRAPHS FROM THE ERA EVEN USE THE WORD BLUE -- AND ULTIMATE DISPERSAL TO MANY OF THE WORLD'S LEADING MUSEUMS. IN RECENT YEARS, SOME INSTITUTIONS HAVE BEGUN TO RETURN THE TREASURES, INCLUDING THE SMITHSONIAN WHICH HELD A CEREMONY IN OCTOBER TO HAND OVER 29 OBJECTS TO NIGERIAN OFFICIALS AND A MEMBER OF THE ROYAL FAMILY OF BENIN. SMITHSONIAN SECRETARY LONNIE BUNCHE. >> THIS IS A RECKONING FOR MUSEUMS, FOR MUSEUMS TO NO LONGER COLLECT THINGS BECAUSE WE

THINK IT'S RIGHT. IT'S ABOUT NOT SO MUCH WHAT WE CORRECT. REPORTER: THE PENN MUSEUM, FOUNDED IN 1887, HOLDS SOME ONE MILLION OBJECTS SPANNING 10,000 YEARS OF HISTORY, AND IS ALSO A LEADING RESEARCH CENTER. IT HAS BEEN UNDERGOING A MAJOR RENOVATION IN RECENT YEARS, UPDATING ITS EXHIBITION SPACES, REEVALUATING ITS COLLECTION AND THE INFORMATION IT OFFERS THE PUBLIC WHILE ALSO ADDRESSING SEVERAL CONTROVERSIES SURROUNDING ITS HOLDINGS. ONE INVOLVE, THE MORTON COLLECTION, MORE THAN 1300 HUMAN SKULLS GATHERED IN THE 19TH CENTURY AND USED TO ADVANCE RACIST EUGENICS THEORIES. IT CAME TO THE PENN MUSEUM IN THE 1960S. MORE RECENT RESEARCH SUGGESTED IT INCLUDES THE REMAINS OF 13 BLACK PHILADELPHIANS. PLANS FOR A REBURIAL ARE ONGOING.

ANOTHER RECENT REVELATION, THAT THE MUSEUM HELD THE PARTIAL REMAINS OF A VICTIM KILLED IN THE 1985 BOMBING BY THE PHILADELPHIA POLICE OF A RESIDENTIAL ROWHOUSE, HOME OF MEMBERS OF THE BLACK LIBERATION MOVE ORGANIZATION. THE REMAINS WERE RETURNED LAST YEAR, BUT THE UNIVERSITY AND MUSEUM FACE COINUING LAWSUITS. MUSEUM DIRECTOR CHRISTOPHER WOODS, WHO ARRIVED A YEAR AGO, HAS A SIMPLE POLICY MANTRA FOR ALL REPUDIATION QUESTIONS. LET'S DO THE RIGHT THING. >> I THINK REPATRIATION WORK IS INCREASINGLY GOING TO BE A BIG PART OF WHAT THIS MUSEUM DOES AND WHAT MUSEUMS LIKE OURS DO. REPORTER: HIS MUSEUM HAS AGREED TO RETURN L OF ITS BENIN BRONZES. THE BEST SCENARIOS, HE THINKS, CAN BE A WIN-WIN. >> WHEN WE TALK ABOUT REPATRIATION, IT CAN BE A KIND OF ALL OR NOTHING, SEND IT ALL BACK, IT'S GONE, ISSUE ENDED. >> I THINK THAT'S THE WRONG WAY TO THINK ABOUT IT. IT IS NOT SIMPLY A MATTER OF

FEDEX-ING THE MATERIAL BACK. IT IS ABOUT BUILDING THESE TYPES OF PARTNERSHIPS AND COLLABORATIONS. IN AN IDEAL SITUATION, WE WOULD BE ALLOWED TO KEEP SOME PORTION OF THE MATERIAL ON LONG-TERM LOAN, ACKNOWLEDGING THE OWNERSHIP OF THAT MATERIAL. AND THE ABILITY TO HAVE, SAY, A CONSERVATION TRAINING PROGRAM OR TO CONDUCT ARCHEOLOGICAL FIELDWORK IN NIGERIA, TO HAVE AN EXCHANGE OF PERSONNEL AND IDEAS WITH OUR COUNTERPARTS IN NIGERIA. THIS IS EXCITING, AND IT REALLY ENHANCES THE PORTFOLIO OF PROJECTS THAT A RESEARCH MUSEUM ENGAGES IN. REPORTER: BUT, IT'S COMPLICATED. THE BENIN BRONZES ARE A CLEAR-CUT CASE OF LOOTING. SO MUCH ELSE HERE AND ELSEWHERE WAS COLLECTED IN WAYS THAT WERE THEN LEGAL BUT NOW AT THE VERY LEAST RAISE QUESTIONS OF POWER IMBALANCES AND COLLECTION PRACTICES THAT ARE NO LONGER CONSIDERED ETHICAL. AND TUKUFU ZUBERI SEEKS TO COMPLICATE IT FURTHER. YES, THE BENIN OBJECTS MUST BE RETURNED, HE SAYS, BUT THAT CAN'T BE THE END OF THE CONVERSATION FOR MUSEUMS. THEY MUST ENGAGE MORE WITH AFRICAN-AMERICAN COMMUNITIES AND

RETHINK THE ENTIRE MISSION. >> RESTUTION CAN BECOME WHITEWASHING THE ISSUE IF WE FORGET THAT THESE OBJECTS CAME WITH PEOPLE, THAT THE ENSLAVEMENT OF AFRICANS, THE ENSLAVEMENT OF AFRICA AND THE COLONIZATION IN AFRICA ARE PART AND PARCEL OF WHAT WE ARE LOOKING AT WHEN WE SEE THESE OBJECTS. SO, YOU CAN'T JUST SEVER THAT RELATIONSHIP. SEND THEM BACK AND FORGET ABOUT IT. THAT WOULD BE BAD. IT IS BAD WHERE PEOPLE ARE DOING IT, BECAUSE THEY ARE NOT CREATING A CONVERSATION. IT ITOO LATE TO SAY YOU WILL PUT THINGS BACK THE WAY THEY WERE, BECAUSE THEY ARE NOT LIKE THEY WERE. REPORTER: IN THE MEANTIME, NEGOTIATIONS CONTINUE FOR THE RETURN OF THE BENIN BRONZES. FOR THE PBS NEWSHOUR, I AM JEFFREY BROWN AT THE PENN MUSEUM IN PHILADELPHIA. JUDY: ASTONISHING HOW MANY OF THESE ARTIFACTS THERE ARE. THANK YOU.

THAT IS THE NEWSHOUR FOR TONIGHT. JOIN US ONLINE, WE WILL SEE YOU SOON. >> MAJOR FUNDING HAS BEEN PROVIDED BY. >> CONSUMER CELLULAR'S GOAL HAS BEEN TO PROVIDE WIRELESS SERVICE , TO LEARN MORE, VISIT CONSUMER CELLULAR.TV. >> WITH THE ONGOING SUPPORT OF THESE INDIVIDUALS AND INSTITUTIONS. FRIENDS OF THE NEWSHOUR. >> THESE ARE PEOPLE TRYING TO CHANGE THE WORLD. STARTUPS HAVE AN ENERGY. PEOPLE WHO KNOW NOW. >> THE FORD FOUNDATION, WORKING WITH VISIONARIES ON THE

FRONTLINES LINES OF SOCIAL CHANGE WORLDWIDE. AND, THE ONGOING SUPPORT OF THESE INDIVIDUALS AND INSTITUTIONS. THIS PROGRAM WAS MADE POSSIBLE BY THE CORPORATION FOR PUBLIC BROADCASTING, AND BY CONTRIBUTIONS TO THE PBS STATION BY VIEWERS LIKE YOU. THANK YOU. ♪ . >> HELLO EVERYONE AND WELCOME TO

"AMANPOUR AND COMPANY." HERE IS WHAT IS COMING UP. >> NOBODY HAS CLAIMED RESPONSIBILITY BUT THE TARGETS WERE THE VERY PRECISE BOMBERS THAT THE RUSSIANS HAVE BEEN USING TO ATTACK CRITICAL INFRASTRUCTURE. >> STRIKES ON RUSSIAN AIR BASES. I ASK U.S. SECRETARY OF STATE VIC VICTORIA WHETHER THIS MARKS A NEW PHASE OF THE WAR. SHE'S BACK FROM KYIV. >>> BENJAMIN NETTANYAHU IS CLOS TO FORMING ANOTHER GOVERNMENT. I ASK WHAT HIS DEAL WITH EXTREME FAR RIGHT PARTIES MEANS FOR ISRAEL AND HIS RELATIONSHIP WITH THE UNITED STATES. >>> AND WITH BEIJING REELING FROM RARE PROTESTS, HUMAN RIGHTS LAWYER JOINS M