a binder full of classified information on russia reportedly vanishes in donald trump's final days as president. in moments, what we know, what we don't know, and why it's causing so much alarm in u.s. intelligence circles. >> a very good day to all of you from msnbc world headquarters here in new york. welcome, everyone, to alex witt reports. we begin with breaking news on capitol hill. as right now, a high stakes meeting is underway between the dhs secretary and a group of senators. they are racing to reach a bipartisan deal that would fund border security and the wars and both ukraine and israel. let's go to nbc's julie tsirkin, who's reporting on this from capitol hill for us. julie, welcome. tell us who is there and what's the latest on these talks? >> yeah, just across the capital, i just came from taking out that meeting, which involves the three senate negotiators, chris murphy on

the democratic side, james lane on the republican side, and kyrsten sinema, of course, an independent from arizona, who is trying to bridge both sides while staying in communication with house members. remember, that's where she came from, she has those relationships and those bonds, including what speaker mike johnson, who she told me she has spoken to, and she has kept -- at least somewhat of the contours are looking like right here. what's on the table here is certainly overhaul of the current status quo, immigration system, as we continue to see these record numbers on the border. it's things that progresses -- progressives antisemitic lawmakers are certainly called about. they're calling it unimaginably cool, and in response to that, sinema told me just yesterday they are saying that because they are not the ones at the table, in the room, trying to get what would be a historic deal in immigration, something we haven't done in four decades in congress. passed through the senate next week. that is an ambitious timeline and ambitious go put forward by

leader schumer, one republicans are putting their eyes on, because again, you don't really know what speaker johnson is going to put on the table. he said hr to, the partisan republican only bill that includes things like border wall money, funding, in provisions that will never stand the light of day in the senate. it's just not clear if he's willing to go any points under that. so, with all those reasons, democrats in the house, of course, who are not part of these negotiations don't really know what to expect. here's rebecca balance said this morning on our air. >> i have no faith in that speaker of the house. to be able to work with the extremists in his party to keep them aligned. i have no faith in that. so, i don't see how we're going to get a package on the floor, because they constantly add much more dangerous writers to anything we are trying to do. >> so, here's the thing. we are going on the second hour of this meeting between the senate negotiators and secretary mayorkas, who, is of,

course the presidents border chief on this issue. they've been hammering out details behind closed doors. i asked chris murphy as he was heading into that meeting, or they had plenty of bagels to keep themselves occupied all morning, and what they are expecting to get out of today's session. he chuckled at the daunting task ahead, and said, continuing to make progress, as they have yesterday. this is so important, not only because it does make those crucial reforms to our immigration system, but remember, this is tied to funding for foreign countries like ukraine and israel. that are both facing their own wars overseas. so, this is critically important for the senate and the house to be able to pass. the question is whether they can do it before the end of the year? >> i could tell you, hope springs eternal, certainly, did they plan to come back tomorrow as well? to try to get the stunt, your, point before the end of the year, before the senate wants to recess for the holidays, they're going to have to do a lot of ot. >> exactly. they are planning to meet again tomorrow. the goal here is, as it stands at the moment, those in the room, the senators and the cushiest, get all the work they

can get done now in this meeting, to leave staff to be the ones to put the text on paper, to start to craft some of these proposals in a measure that other members can read. so, that is little. if things go well in this meeting, i'm told, do that not be together till tomorrow. >> all right, we'll not get ahead of ourselves. we'll see what happens today with your help. thank you so much, julie. in just a moment, i'll be talking with congress and sarah jacobs of the foreign affairs committee abt is, the abortion pill, and what else is happening in the middle east. in the meanti, w today, shocking details are emerging surrounding the killing of three hostages by israeli defense forces, rather, which idf officials now say violated the military's rules of engagement. joining me now from tel aviv, hello gorani. welcome. so, what is the idf saying about how these three young men were killed? >> well, you can only imagine the anguish of their families when they hear the details about hothe three left or killed. they made it all is time in captivity alive, and according

to an f ficial, who was speaking to forces under tee esre in the gaza strip, meters from an idf position, w three hostages come out, all without shirts, holding a stick with a white cloth attached to it, a surrender flag, essentially. and a soldier, feeling threatened, opened re two of the three, we don't know the names of the two here, putting their pictures up on th screen, re killed immediately. another was injured, ran back into the building, but they had emerge from, a cry for help was hurt in brew, which is also adding to e consternation of the families here, because clearly, one of these hostages at least was speaking in hebrew and that in arabic, and the battalion commander at that point issued a cease-fire order. but there was another, quote, burst of fire towards the third figure, and that is when that third person was killed. again, we don't know which one was killed after having run

back into the building. we don't know which two were immediately shot down. but you have some tremendous anger and frustration being expressed by the families of the hostages still in detention. we understand 128 still inside the gaza strip, and they are gathering at what has now been called hostage square. they are vowing to set up camp in front of government offices, until there is a plan that is laid out over the government of benjamin netanyahu to get their loved ones out. i should note the three who were killed tragically weren't the only people who were killed whose death got a lot of attention and reaction. there was also the camera man for al jazeera, samira booed -- he was killed and for several hours, waited for emergency services to get to him, and they were not able to save his life. in the meantime, briefly, and that's the funeral, by the, way that's being held for the

journalists inside of gaza. the national security adviser is saying that he met with the -- chief. there are reports, perhaps, these talks to come up with some sort of cease-fire arrangements are gaining new momentum. that is the hope, at least. this is what jake sullivan said about meeting with the head of mossad in tel aviv. listen. >> my meeting with the director of the assad last night, you know, we were supposed to meet for about 45 minutes. we ended the meeting for more than twice that, because we had very detailed intense conversation about how to move forward to try to secure the police and told the hostages. ultimately, that will be something we have to work in a very sensitive way, working with qatar and egypt and other actors, and so, we will leave that conversation where it belongs in the sensitive channels. >> so, obviously, for the

hostages families and many others in gaza that really won't be fighting to stop, these will be some crucial things will be looking at for any signs a new cease-fire deal might be in the works, alex. >> thank you for that report. heartbreaking as it is, thank you. well, joining me right now, democratic congressman sara jacobs of california. she sits on the house foreign affairs and armed services committee. welcome you, my friend. i'm curious what goes through your mind here in the tv tales that the hostages were holding a makeshift white flag and they were killed by the idf. >> it's heartbreaking. it's truly tragic, and i can only imagine the anguish that their families are feeling right now. and i have family who live in israel, so, i feel all these things very deeply and personally. and i'll be honest with you. i've heard from a lot of hostage families that they are very concerned about the way the netanyahu government is conducting this war, this

military operation. they don't feel that their families well-being and safety is the top priority. so, i'm sure we will get more details, and there will be a full on investigation to how this happened. but i think it leads to a broader conversation that we really need to be having around the fact that the netanyahu government's indiscriminate bombing and ground invasion of gaza is not actually keeping the hostages safe. >> well, the fact is, it won't bring the lives back of these three many loved and revered men. let me ask you, to that point, because the biden administration is urging the israeli government to scale back its ground operation, beginning a more targeted face in gaza. politico is reporting kamala harris in the background is pushing the white house to be more sympathetic to palestinians, and the white house has been more direct in their demands. take a listen. >> i want them to be focused on how to save civilian lives, not stop going after hamas, but be more careful. >> israel has the intent to

make sure that it is drawing those distinctions clearly and in a sustainable way. and we want to see the results match up to that. >> want to see them be more precise, more surgical, more cautious going forward. >> so, look. you hear the tougher talk, but are you seeing any policy measures that will drive israel to change its course? or is this more a nod to political fallout here? >> look, i could tell you because i'm part of many of these conversations with the administration, that we are having those difficult conversations with our israeli counterparts about the need to transition to a more targeted approach. and to make sure that you know they, are taking into account the civilian casualties and the fact, not only of the tactics on the ground, but how this is impacting international support for israel and how even, you know, they could be tactically successful but have this be a strategic failure if they don't take these things into account. so, i do think there is a big push to get to this next phase, or they are taking a more targeted approach.

because, frankly, there is no military way to defeat tomas. that's what we've learned in 20 years of the war on terror. so, the only way you're really going to be able to eliminate hamas and the threat it poses to the israeli people is to address the underlying grievances they're able to mobilize around, and create a palestinian state and have palestinians with autonomy and dignity and self determination. we need to start getting to the point where we are working towards that, because this military operation that the netanyahu government is doing right now is, frankly, not being effective. >> and to further that, as you know, earlier this week, we heard from the president, who calls israel's bombing in gaza indiscriminate. now, you have two sources tell nbc news that nearly half the munitions dropped in gaza are less accurate, unguided dumble bombs. npr reports israel is using artificial intelligence to find the targets in the first place. but the co-chair of the protections of civilian cox at

-- congress, what action could congress take? because u.s. action to israel is complicit in the overwhelming death of civilians, that pole in gaza. >> yeah, look. i think israel has a right to defend itself and has a right to go after the people who conducted the horrific attacks on october 7th that i know are still traumatizing to the entire israeli population. at the same time, how they do that is incredibly important. i have actually pushed the israelis directly on this question of how they're doing targeting, on which weapons they're using, and i do agree that this indiscriminate bonding needs to and. this is not the way they should be approaching this military campaign, and we need to get to this next phase of having a more targeted approach. >> okay. let's move on. you heard the house is certainly, you know, on holiday break. the senators today are huddling on capitol hill. they're debating stricter immigration policies, all of the hopes of getting a foreign

aid bill passed. it's the senate expected to get this done? so, the house can then vote on the bill in january, and what do you think is at risk if they don't make a deal this next week? >> look, we know that's getting support to our partners and allies around the world is incredibly important. making sure we are getting aid to ukraine, that we are helping israel's defenses, that we are getting humanitarian assistance to gaza and elsewhere in the world. at the same time, i'm a representative of a border community. unlike many of my republican colleagues, who like to talk about this issue all the time, i actually live in a border community and understand the real toll that a lack of having a comprehensive approach to immigration reform has taken on my community over the last four years. so, i am concerned about some of the things i am hearing being proposed in part because what the republicans are proposing, these really harsh measures, we know actually doesn't deter people from coming to the border. so, what i'm hoping for is we

will be able to get something that will actually help solve the problems that we're facing and address the root causes in a comprehensive approach. >> let me throw out some numbers here from our viewers to comprehend here, because the u.s. has seen record high border apprehensions. customs and border patrol says it apprehended 11,000 documented immigrants on wednesday. that was after a record breaking 12,000 migrants were apprehended on monday last week. before 2023, apprehensions never got above 10,000 a day. both sides want to fix immigration, but democrats are at odds over how much ground to should give to republicans. do you have a sense of what a reasonable solution looks like? >> look, i think the problem is that immigration reform is incredibly tricky. it's an incredibly tricky issue, and tying into funding that needs to happen that makes it even more difficult. but, look. i think asylum is legal under domestic international law, and it should stay that way. and we need to understand that

a part of why we're getting so many more people coming to seek asylum is because of the situations in the countries they're coming from, and we need to address those root causes. we also need to understand that because we haven't reforms our immigration system in over 40 years, the, a lot of this is getting funneled into the asylum process that makes it harder to deal with. whereas if we could have a comprehensive approach and increase the amount of legal pathways, actually address the kinds of legal pathways we need for a country, our economy, and our communities now, that would alleviate a lot of the pressure on the asylum process and the asylum system as well. one more topic to get to with you as need supreme court announces it will hear a case on restricting the abortion pill and access to it, it is called mifepristone. early abortions account for over half of all abortions in this country. what can congress do as reproductive health care is, once again, on the line? >> i am incredibly concerned

about this. i represent california where, right now thankfully, abortion is still legal and accessible. depending on how the supreme court decides this case, it could impact places like california and new york. we know how important it is for these medications to be able to get people. i think congress needs to pass a codification of the right to abortion into law. in the meantime, many of us have signed on to an advocates brief addressing this to the supreme court. also, as we are thinking about what the supreme court might do, to me, it highlights how important data privacy is. if, all of a sudden, you are unable to access mifepristone. if you are already in a state where you can't because abortion is not legal, the way they are going to enforce these bans is through looking through your data, your search history, online ordering history, if you buy from an online pharmacy,

your pharmacy information. making sure congress passes real data privacy for our sexual reproductive health data, i think, is an incredibly important piece of. this >> california democratic congresswoman, sarah jacobs, good to see you, my friend. we look forward to seeing you again. thank you so much. into thin air, new reporting about a binder full of raw intelligence about russia that went missing at the end of donald trump's presidency. what we know and the questions that remain when we return in 60 seconds. 60 seconds for one and done heartburn relief, prilosec otc. one pill a day, 24 hours, zero heartburn. (carolers) ♪ iphone 15 pro, your husband deserves it! ♪ for one and done heartburn relief, prilosec otc. (mom) carolers? to tell me you want a new iphone? a better plan is verizon. (vo) it's your last chance to turn any iphone in any condition into a new iphone 15 pro with titanium and ipad and apple watch se - all on us. only on verizon. dear wayfair. this year i want... to say thanks. over the centuries i've become passionate about home decor. and my favorite homes are wayfair homes.

i even stop by on my day off! i know what people want, and you've got just what they need. also, i love your ottomans. your number one fan, santa. ♪ wayfair you've got just what i need ♪ new concerns over the possible exposure of some of the country's most closely guarded national security secrets following reports that a binder containing highly classified russian election interference went missing during the final days of the trump white house. reports that trump ordered the binder to the white house so he could be classified documents following the investigation.

after which an unredacted version of that binder disappeared. joining me now former fbi special agent nbc special analyst, clint watts. clint, welcome. this binder reportedly contains raw intelligence that the u.s. collected on russia including russian agents, sources, methods leading to the assessment that vladimir putin sought to help trump win the 2016 election. nbc news confirming its disappearance was so concerning intelligence officials briefed the senate intelligence committee last year. i'm curious what your reaction is and what your concerns are about how much damage this could cause? >> sadly i am not surprised, alex. you might remember a year ago when we saw the spatter-ing of documents or different classification types thrown all about the floor down in mar-a-lago. that was some indication of the seriousness of what have been lost control of over the last few years. separately, we had always seen, whether it was the mueller

special counsel investigation, some of the insights and if that were redacted. a lot of that, we assumed, we're human intelligence sources of some form. if you go back to the famous meeting right after integration, 2017 timeframe, when they briefed president trump, at the time it was seen as a situation that they were giving situation that seemed to come from human sources. i'm sure that is the big concern about this binder. raw information, royal intelligence, coming from a source deep inside of russia. if it were to fall into the public or open hands, it would aid lateral putin, it would put the sources in magnificent danger, and it would hurt us significantly in intelligence overtime. who would want to provide intelligence to united states if they knew will be dropped out into the open for political purposes at any given time. >> in terms of the intelligence found in mar-a-lago, this was t und there. however, one theory has emerged about the whereabouts of dismissing, unredacted, binder cassidy hutchinson, one of the

white house chief of staff mark meadows top aides, who teified to the january six committee, said that she saw meadows remove it from the white house. she believes that meadows placed in a safe in his home. meadows lawyer strongly deny that he mishandled any classified information. clint, is this plausible? shouldn't investigation be opened into meadows? what should the penalty be for anyone who is found to be involved in this? >> sadly it is plausible based on what we saw from the mar-a-lago search warrant and also the way that conduct with documents has been. particularly in the trump administration, but we have seen in other administrations, as well. if you look at people's homes, documents have turned up. based on the competency of different staff, or they're in tensions, they have been more or less aggressive in policing documents into the white house. i am not surprised, sadly, that this happened. it also seems to have come up repeatedly in political discussions over the last 2 to

3 years. president trump wanted to declassify rapidly the crossfire hurricane investigation. it seemed that he may have been stymied in the final days. some of those documents are still out there. when you go into a political year, an election year, you have to wonder if some of those documents might just surfaced out of thi this would, maybe, bth source where they are coming from. >> wow. but, perspective though, this intel waso sensitive that havepublicans had a cut a deal with the cia in which a committee brought in safeor the documents that wasn't placed inside of a cia vault. it is astonishing how cavalier the trump administration wasn't handling this material. as well as the unknown copies they made. what does the u.s. government now have to do to find this binder? what does this suggest to you about whether these documents will ever be found? >> i imagine that special counsel investigation was prompted largely by this. they thought those documents, which are that sensitive,

highly compartmentalized, likely a few people in the united states government were even aware of that intelligence. bringing it to capitol hill in such condition and still have the belief that, maybe, that stuff is out there. i imagine that search will go on indefinitely. and you also wonder if some of the brokering behind the scenes will -- in the trials leading up to 2024, if some of that brokering is about recovering that information in trying to get a handle on how much of it is out and how much of it is known. that will likely be an impetus smith and his investigations. trying to use it as part of the trial. >> clint watts, very sobering conversation. i think you nonetheless, my friend. former 16 committee spokesperson hannibal david is gonna join me in the half hour. she will talk about when that missing binder came up during the january six testimony. it is the rest of the story as this new wrinkle unfold. meantime, we are officially

less than one month away from the iowa caucuses with 30 days to go. president trump certainly maintains a strong lead in the state today. he is in new hampshire as of now rallying voters before their primary next month. florida governor ron desantis was in new hampshire yesterday with a warning about the iowa caucuses. he says that if trump loses he is going to say it's stolen. let's go to st. nbc's vaughn hillyard where that rally will be happening in just a few hours. vaughn, you were there when desantis made these remarks about a potential stolen caucus claim from donald trump. how real is the concern? >> right. i think it is the sharpest critique from the florida governor of the front-runner and former president, donald trump. the one reason to be concerned is, as ron desantis said, donald trump has already done this before. not just the 2020 election but in 2016, in ron desantis's own words, he claimed that ted cruz stole the iowa caucus from him,

donald trump. if you recall, take cruise did in fact beat donald trump here. here is the reality, donald trump is dominating in iowa. in new hampshire, as well as in south carolina. we are less than a month from the iowa caucus. one month from there is the new hampshire primary. ron desantis highlight into the crowd, just down the road from where we are now where trump is soon to take the stage, highlighting to the crowd the dumb trump has yet to take the debate stage and debate the likes of him or nikki haley, take a listen. >> he should get on the debate stage so we can hash this out. i think it would be good. if you look at the difference, donald trump, i know that there is a movement to say that he would somehow do very well in the general election. that would be different than every other election that is taken place since 2016. i think a lot of our voters know there is a huge risk there. if he could win he would be a lame duck on day one, could only served one term. >> alex, the hardest part for

here, ron desantis who has been campaigning for more than seven months, his opportunities dwindling. frankly, when you talk to the thousands of folks who come out to an event like this, we are waiting here in the press line. i should be clear on the other side there are at least a few thousand folks waiting to get into this arena here in durham, new hampshire, there is high enthusiasm for donald trump. folks who say they are caucusing for him are voting for him in the primary. you talk to folks at other candidate events you're dealing with the reality that folks are still trying to make up their mind. in large part deciding between donald trump and the other options here. right now this is gonna be a big month ahead of iowa and new hampshire. good luck here in january, alex. >> absolutely. they are all fighting for second place, it would appear. there is no prize for coming in second in this contest. thank you so much. coming up next, rudy giuliani and he has 140 million reasons to think before he speaks. he speaks. can get virtually every hair in one stroke. for the ultimate gillette shaving experience. the best a man can get is gillettelabs.

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to appeal a huge judgment against him. the former mayor ordered to pay millions of dollars to a pair of georgia election workers he defamed. and he sees kim's lanny has more. >> a jury in washington d.c. imposing a massive penalty for election lies. ordering rudy giuliani to pay more than 100 $40 million in damages to two former georgia election workers he falsely accused of election fraud. >> today is a good day. a. jerry stood witness to what rudy giuliani did to me and my daughter. held him accountable. for that, i am thankful. >> the judge had already found giuliani liable. the jury awarding more than $33 million for shaye moss and ruby freeman for defamation. $40 million for emotional distress. ordering jr. need to pay $35 million in punitive damages. >> the absurdity of the number

merely underscores the absurdity of the entire proceeding. >> giuliani pointed to this video the two poll workers of evidence as criminal activity. >> quite obviously, sarah tissues the, passing around u.s. reports as if they are vials of heroin or cocaine. >> what was your mom actually handing you on that video? >> a ginger mint. >> in emotional testimony, moss and freeman explained how giuliani's frost charges led to racist threats that prompted them to leave their homes and their jobs. >> money will not resolve all my problems. i can never move back into the house that i called home. i will always have to be careful about where i go and who i choose to share my name with. >> reporter: giuliani vowing to appeal and refusing to back down on his claims about the women. >> i have no doubt that my comments were made and support -able and our support-able

today. >> can dilanian, nbc news, washington. >> this breaking news, heavy rain falling over parts of florida flooding is likely, even tornadoes are possible. giving you a live look now at both coasts of florida where it has been raining for days. surf is getting rough. the storm will eventually impact millions along the east coast just as the holiday travel rush kicks into high gear. joining us from hollywood, florida, marissa par. welcome. looks pretty wet and miserable where you are. i guess you can attest to that. >> hey, alex. yes, i have covered hurricanes before. i'm pretty sure i cover them with you on this program. i can tell you that it feels like a tropical storm but it is not millions of americans in florida right now under severe thunderstorm risk. the biggest risks are going to be later on through the night. flash flooding, tornadoes, i'm going to get to those in just a moment. i want to describe to you what you are seeing behind me. you can probably catch a

glimpse of that notion right now. we are seeing high waves, intense surf, red sags behind me warning beachgoers not to go in the water because of the rough conditions. on a state level they are asking for people to take those precautions. right now we are not seeing the worst of it. again, that is not expected until later. our crews have spoken to people over the past 24 hours. people who live here, people who are visiting, how they are feeling. so far everyone seems to be taking in stride. take a listen for yourself. >> it is kind of hit or miss every year. we have to plan it ahead of time, it's just luck of the draw. there have been years it's so cold the lizards are falling out of the trees. at least it's warm, we've got rain but at least it's warm. >> it's windy out here. camille from new jersey, it's about 30 to 35 degrees right now. and so this is awesome. >> you have to imagine what this is doing to the local businesses around here that are

used to beachgoers coming here, business ramping up right before the holidays, people come down here expecting beautiful sunny florida beach weather. that is a far cry from what we have right now. this is still not as bad as it is expected to get. because of how bad it is expected to get the florida state governor has activated the state guard, we know that there have been barriers put in place, here in hollywood bear things come like tire dams, water barriers to prevent the flooding we expect, a risk increasing throughout the night. another big risk here, alex? tornadoes. again, not expected until later, when nightfall happens. those protections are in place just in case the worst happens. alex? >> night tornadoes, that is not good! thank you for the heads up on all of it, marissa. appreciate it. if you blinked, you might have missed one of them. a week of several fast-moving development in donald trump's legal woes. that is next. that is next for an irresistible clean and shine. cascade platinum plus.

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head spinning legal filings, maneuvers, and moves in the trials of donald trump. in the d.c. january six gave, jack smith fired a shot across trump's bow essentially leapfrogging the appeal process, asking the supreme court to quickly decide, once and for all, whether trump is entitled to immunity from prosecution. at the same time, smith and the d.c. appeals court agreed to expedite trump's appeal of judge tanya chutkan's ruling

that he is not entitled to immunity. the supreme court also agreed to hear a case that could undo at least one january six trump charge, conspiracy to obstruct an official proceeding. jack smith says he will call an expert witness to testify about one particular phone that trump used in the white house on january 6th. joining me now, tristan snell, former -- his new book, out next month, it is called taking down trump, 12 rules for prosecuting donald trump for someone who did it successfully. tristan, welcome. the fact that you had to write a book with that particular title speaks volumes. i'm curious what you take away from these developments. which side is winning? do you get the sense that trump is being taken down? >> i do get that sense, alex. i think it is not going to happen all at once. that point where i think the

collapse is coming, i think it is coming very soon. i think a lot of these legal maneuvers are the opening grounds for what we are going to see, particularly in the january 6th case in d.c. with judge chutkan. that supreme court weighing in on immunity is going to be a big one. we are in the calm before the storm, so to speak. i think we are going to see a lot of really crazy action in these cases as we head into next year. >> the storm that you are referring to is what i want to get to now. trump's legal teams are up against several deadlines over the holidays. supreme court on wednesday. three d.c. appeals court deadlines between december 23rd and january 2nd. are you expecting trump's lawyers to tell the supreme court, hey, don't expedite his immunity claims. jack smith is trying to jump over appeals courts. >> it is possible that that is what they are going to say here. effectively jack smith managed

to, in a way, called trump's bluff here. or at least just match him. what trump is trying to do is float this frivolous immunity claim which will almost certainly get defeated as a way to delay their case. jack smith is basically saying, well, try this. trump could very well say that they actually need more time in order to properly brief this issue around the immunity. >> you are saying you think the supreme court is going to rule, essentially, in jack smith's favor against donald trump? >> this is really pivotal. if the supreme court were to actually hold that an ex president has immunity from criminal prosecution, it is pretty much the opening bell in the end of the american republic. it is that big of a deal. it would effectively say that we have a super class of citizens who are above the law. that would just be the end.

>> stunning. >> i do believe they will not do that. i do not think they are going to do that. >> let's move to georgia where d.a. fani willis has 18 codendts facing election conspiracy and racketeering charges could take plea days and potentially turning against him. adding the silly notion that trump's case should be applause because he is running for office. does flipping codefendant give the d.a. the best shot of success? >> that is the path that they have taken in this case. as opposed to jack smith, where they just charge donald trump, making the case as lean and quick as possible, the fulton county case they decided to go big. they went with repo. they brought in all of these other defendants. now they are trying to flip them. they are doing something that i advise in my book. to go after trump's erstwhile vendors, especially and

including his lawyers. a lot of times he doesn't pay these people, he does not treat them very well. this has been what fulton county has done very successfully, what fani willis of hundreds except for the. getting folks like jan ellis, kenneth chesebro, sydney powell. these folks were probably underpaid, maltreated. now we are finding out that they are going to flip against trump. the strategy does appear to be working. it is still a very big case. that could lead to things getting delayed. so far so good though. >> you mentioned those three codefendants in particular. the atlanta journal-constitution got copies of chesebro's and sidney powell's apologies to the people of georgia. the letters are literally one liners. does this convey sincere remorse? does it raise questions about the level of cooperation prosecutors may be getting for their plea deals? >> you see better apology letters out of kindergartners.

it is crazy. at least a kindergartner were would be coached to fill up the whole page with their scribbled saris and promising to never do it again. at least fill up the page! who the heck advised them to do this? it's just crazy. it does not look sincere at all. it's like checking off a box on a form. it is just a pro forma thing for them. this does not convey any kind of contrition, none. >> to that point it looks like it is even on elementary school wide ruled paper. to your point, christian snell very good to talk to you. looking forward to talking to you again. next up, why jack smith is so interested in don trump cell phone record. i will talk to the lead adventuring for the january six committee. up next, the highly classified intelligence binder on russia that, reportedly, went missing on donald trump's watch.

handle david, for january six committee spokesperson. we will talk to him about that. who brought that up during the 16 in best again?

we are following two big developments in the investigations into donald trump. new concerns today over highly classified intelligence binder relating to russian interference in the 2016 election, with reports that it may have gone missing in the last days of the trump administration. special counsel jack smith is outlining new plans to use data from cell phones trump used on january six in trump's upcoming d.c. trial. joining me now, hammill david from her spokesperson for the january six committee. welcome back to the show, hannah. let's get right into. cassidy hutchinson told e 16 committee about this particular binder. she said in a closed-door section, she was almost positive and went home with mark meadows. although mark meadows attorney is now denying that. what do you know about what is

in the binder and why was it in the white house in the first place? >> alex, this piece that came out this week when a detailed a little bit about where the binder went and how is what you just read the january six committee heard from cassidy hutchinson. she was positive it went home with mark meadows. mark meadows, an interesting figure in all of this, everyone trying to figure out how much he is cooperating with jack smith, what he knew during the january 6th coup, attempted coup, of the u.s. capitol. what we know about this binder is what we found during the january six investigation which was a big concern our national security. one of our last hearings we had matt pottinger, the former deputy national security adviser under donald trump. he detailed how concerned he was during this time between january 6th and january 20th. we didn't really know what was gonna happen with our national

security. donald trump was trying to call back documents like this, this information about the 2016 russian plot to help donald trump win the election. donald trump was trying to declassify it on january 19th this blunder was going in and out of the white house. donald trump wanted to get that information out and into the hands of the right-wing media. why this is relevant and why it is still concerning why we don't know where this binder is it because donald trump is the front runner in the republican presidential primary. if he gets into power again, information like this that is really critical to our intelligence operations and understanding how we get information, who is trying to hurt our democracy, will be out there even more! >> i read that this binder is ten inches the? i mean, you have to be doing this very rreptitiously i mean, ten inches? what? that is huge! it is larger than a huge

encyclopedia. let's talk about the new york times which reports that trump mentne the contents of this binder during a 2021 interview for a book, suesting that meadows had it, offering to allow someone to look at it. trump did not address question about whether he himself had so of the material. when an aide asked him does meadows have them. he replied, meadows has them. he told the times, mark meadows 's lawyer, he never had that binder. he never brought it home. why is this still important now? >> we knew and heard information about the last days of his presidency. donald trump trying to get documents, trying to declassify them. that was a big concern especially for our vice chair, liz cheney. really concerned about some of our national secrets. we now found out that he took a lot of documents to mar-a-lago that were not declassified. there was a reason to be concerned about that.

i think when we say things like intelligence or understanding information it sounds pretty vague, we don't know what we are talking about. intelligence could be people. people who are working for the united states government, trying to help us protect our democracy abroad. that could be outing them, right? these are really important national security secrets that were a part of our january six investigation. it was a broad investigation. this is something that we were concerned about. what happened to this binder? cassidy hutchinson, of america knows now, was there for a lot of important events. she saw mark meadows take this binder, this ten inch thick binder, to your poin iis pretty noticeable! it is still out there. we don't know where. it is highly concerning for our national secuty >> something else we are closely watching is one of jack smith's latest court filings whh shows he has access to white house cell phone data from january six, 2021. he plans to call expert witnesses to talk about, among other things, specific times

that day when trump's phone was unlocked and the twitter app was open. hannah, former u.s. attorney harry litman says this must be freaking out the trump camp. does it surprise you? t surprise you >> when i heard this information i was surprised, i was shot. one of the biggest gaps we don't know about on january 6th is what donald trump is doing. the presidential daily diary is blank from 1:21 pm to a little bit after four when he made that rose garden speech telling the protesters, the rioters, to go home. we did not have call records at all during that time for over seven hours. the white house photographer was told not to take photos. the biggest, one of the biggest parts of the january six investigation was figuring out what donald trump was doing during that time. we talked to witnesses like molly michael, his assistant, who said he was watching tv. we believe he was watching fox news. one thing the january six

committee was find the fox news coverage for that day play in trying to understand what donald trump was seeing. the fact that jack smith has access to these phones, i believe they know when the twitter amp was open, they know what web pages he was on. that goes to show what donald trump actually knew during this time. did he know the extent of what was happening at the riot? this dereliction of duty that he had it even more stark when we you know what he is doing. the last thing i will say, alex, on this is, we looked at a lot of data, we had access to a lot of phone records on the january 6th committee. when you look at the phone records, in addition to interviews you have with witnesses, you can start to put together a picture of what happened. one piece of data might not be everything on its own. in the puzzle that you are trying to put together, it is huge. the fact that jack smith has access to this, to a couple of phones, it is huge! we could be getting a lot of new information about donald trump's actions from this testimony. >> it is a heck of a piece to the jigsaw puzzle.

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