past and present, what it takes to keep our democracy and our republic. scan the qr code on your screen to get a link to the podcast,r find it wherever you get your podcasts. while you are there, check out some of the other truly fascinating conversations i had this year on everything from the supreme court to the rise in right wing extremism to the future of a.i. to the origins of the universe. that's a good one if you have your phone up right now. i learned a lot. i hope you will, too. that is it for this special edition of "all in." if you have been watching, who is this dude, i'm usually on at 8:00 p.m. if you like today, come and join us at 8:00. alex wagner picks up the coverage. >> it's a good point. i'm chris hayes if you don't know.

>> that's right. >> it's an important public service announcement. i encourage everybody to watch at 8:00 and 9:00. this is usually ari's hour. who can do it like ari? i wish you a happy holiday. you made it through two hours of a holiday rock block. >> did it. >> i'm sorry we're not in the same studio. have a great, restful, well-deserved holiday. >> enjoy your rock block. i will. thank you all at home for joining me this hour. i'm not ari. i'm alex wagner. this is the beginning of a two-hour rock block thick with news. we begin here. it's a moment that you are forgiven if you don't remember it or if you missed it at the time. a lot happened on this day.

at his speech before the insurrection on january 6, president trump had a lot to say about bias on the supreme court. >> you know, look, i'm not happy with the supreme court. they love to rule against me. the supreme court, they rule against me so much. you know why? because the story is, i haven't spoken to any of them, any of them, since virtually they got in. but the story is that they are my puppet. they are puppets. the only way they can get out of that, because they hate that, it's not good on the social circuit, the only way they get out is to rule against trump. so let's rule against trump. they do that. >> in reality, the current supreme court is one of the most conservative courts in modern history. they are the court that overturned roe and ended affirmative action, practically speaking, gave us citizens united. conservatives dominate this bench 6-3.

donald trump is not completely wrong in his complaint that the court has ruled against him. this court does have a history of ruling against trump in his personal capacity. the court let prosecutors in new york gain access to his financial records. it declined to hear trump's bogus 2020 election challenges. it rejected trump's attempt to withhold documents from the house january 6 committee. it allowed the house ways and meas committee to obtain trump's tax returns. it declined trump's attempt to have the court intervene in the mar-a-lago documents case. tonight, when faced with an issue that could very well determine trump's accountability for his actions on january 6, tonight the high court appears to have done at least for now exactly what trump wanted. in a single line order this afternoon, the court declined jack smith's request to quickly take up the question of presidential immunity. instead, the court punted that

issue back to an appeals court for now. the supreme court did not explain its reasoning here, and there were no noted dissents. just what you see on your screen is all we got. trump's lawyers have been arguing that the entirety of the special counsel's election interference case should be thrown out on the premise trump cannot be prosecuted because of presidential immunity. with that undecided, the case has been put on hold jeopardizing the scheduled march 4th trial date and potentially pushing this trial into campaign season in the summer or past the 2024 election entirely. today's supreme court decision makes that delay all the more likely. it is worth noting that the court's own recent history here is quite interesting when it comes to the subject -- expedited hearings.

they have taken up courses before they were heard by an appeals court 19 times, like whether governors were allowed to restrict church attendance during a pandemic, and whether president biden was allowed to forgive student debt. not to diminish the importance of any of those issues, but this one, whether or not the former president and maybe future president can stand trial for the events of january 6, that seems certainly as big if not bigger than the issues the court has expedited recently. special counsel smith said the charges are of the utmost gravity. it involves criminal charges against a former president based on his actions while in office. not just any actions, alleged acts to perpetuate himself in power by frustrating the

constitutionally prescribed process for certifying the lawful winner of an election. with the supreme court declining to fast-track this case, the question of presidential immunity now heads back to the u.s. court of appeals for the district of columbia. they are set to begin hearing oral arguments on january 9th. joining me now is former fbi general counsel andrew weissmann and anthony michael krise. thank you for being with me. andrew, what is your reaction to the court's very short denial here? >> there's no question that as you said the supreme court did give donald trump a victory in a sense that he wanted the court to not take this sort of out of turn review. he wanted the normal procedures to apply. some irony there since it's

under his administration that there have been an enormous number of requests to leapfrog the circuit courts. i wasn't surprised. people should take a deep breath. the issue here is that the d.c. circuit moved so quickly because jack smith had asked that court to expedite its review, and it has granted that. both sides are briefing that over the holidays and the new year. full briefing on january 2nd and oral argument is going to be heard on january 9th. the import of which is that if you are on the supreme court, you are really talking about a matter of what's likely to be a couple weeks of delay, not months and months, because of the d.c. circuit acting so quickly. i think the real issue everyone should keep their eye on is once the d.c. circuit rules, how quickly will that -- the circuit

either get rid of the automatic stay, so that judge chutkan can go forward, or the supreme court will take review and expedite its review, so i think that's the real issue is to focus on what happens once the d.c. circuit rules. >> yeah. i want to come back to those scenarios. because this issue may ultimately once again end up at the supreme court, i just wonder if you take away anything from the decision today and the fact that there are no noted dissents? i'm not a court watcher. i wonder if there's anything to be inferred from that. >> well, i don't think that we can infer too much. simply put, i don't think the supreme court wants to be seen as running interference for prosecutors against donald trump more than they have to. there's a very good chance, for example, that with this expedited review in the d.c. circuit that you will see a

decision that's basically in donald trump's -- i guess donald trump will lose in the d.c. circuit, and it could be the case that the supreme court won't even hear the case at all. i think we have to understand that there's a lot of litigation related to donald trump that is pending before the supreme court. not only do we have a question of presidential immunity but there's a possibility on the colorado decision to kick trump off the ballot. there's the january 6 prosecution case about what constitutes a disruption of a government operation. there's a lot of election-related january 6-related actions before the court. they are afraid of being seen overly eager to hand donald trump losses. >> i understand that this is now being framed, andrew, as an expedited process here is to

donald trump's detriment. the case the special prosecutor was making is this is about the american public having all the information at hand as they nominate someone and potentially vote for him in the general election. i guess i kind of resist the idea that somehow expediting that process by which donald trump goes on trial and could very well be proven innocent is somehow a partisan act. am i wrong to not see how expediting is not partisan? >> you are not wrong at all. i would add to that that the issue of the timing of the trial is technically not something the d.c. circuit or the supreme court should be weighing in on, because that issue was fully litigated and briefed to judge chutkan, and she made a ruling that consistent with due

process, the trial could go forward on march 4th. these are all sort of operating as sort of pocket vetoes of that considered decision. i really do want to commend the department of justice's brief here. i'm trying to be dispassionate. but the way they wrote the interest here was they were saying that the issue about how immunity works or work here is one that the entire nation has an interest in knowing, whether their president can commit crimes while in office and under what circumstances, if any. regardless of whether donald trump is convicted or acquitted, the country has an interest in knowing the answer to that before the election. they are trying to frame this in a very dispassionate way, which is -- now as a citizen, no longer being part of the department of justice, i think that that is exactly what you

want from the department of justice, is that this is something that whether you are a republican or a democrat, to your point, alex, this is something that people have a right to, and it's consistent with the rights of the defendant here, donald trump. >> yeah. professor, in terms of recent history -- do we haveull screen? the court hasaken up a lot of ted cases since 2019, or even i believe 2018. i think we have graphic. for a long time -- that doesn't have years on it. at's, i believe, since 2019. i think it's 20 cases that they have expedited on a variety of matters. prior to that, i think they took up eight cases or ten cases after the nixon case. this is something this court does with relative frequency. i wonder why this didn't rise to the level of, for example, president biden's attempt to

cancel student loan debt. >> yeah. i think we all have to recognize that the united states supreme court is a political institution. though it is a court, it has some -- it has partisan interests and it also is considering the broader political dynamics of what is beneficial to the majority of the court. i don't think that there's a really eager -- i don't think they want to weigh in too quickly or to be pushing the thumb on the scales against donald trump in a way that will further jeopardize the court's legitimacy from the majority's perspective. of course, it's true that there have been major cases that have had national significance. there's a great case from the 1950s where harry truman was trying to take over steel mills that had a labor dispute.

the supreme court heard that on an expedited basis. same with the nixon case. i think that this would certainly rise to that level. at the same time, we have to acknowledge that while this is an important case in terms of speaking to the heart of our democracy and the meaning of american democracy, it's also a criminal trial. there may be other factors weighing in there where the court doesn't want to be -- doesn't want to appear to short-circuit things where they might be more willing to do so in a civil proceeding without any kind of prosecutorial consequences. >> that brings us to what you -- the road map you were laying out, andrew, as far as what happens now. it sounds like we are going back to the d.c. circuit court of appeals. oral arguments begin january 9. if you are gaming this out, just by virtue of their recent behavior on this topic, it seems

like trump could not win at the d.c. circuit court of appeals, which means he appeals at the supreme court and they take it up or they don't and allow the circuit court decision to stand. is that right? the big question is -- go ahead. >> there's one extra piece before you get to the supreme court, which is that he could seek what's called review. the panel is three judges in the d.c. circuit. if he loses -- i think he will lose there. if he does, he can then seek review of the whole court. i don't think the whole court will hear it. but that's also a potential delay. once that's decided, he can then seek supreme court review. all of that could be truncated. the key issue, the main issue that's causing the problem for jack smith is that there's an

automatic stay in effect. the d.c. circuit can get rid of that when we issue their decision and say that at least the litigation can go forward. remember, that automatic stay is stopping the pre-trial work, deciding of motions, the jury questionnaires that are going out. all of the work that needs to be done to have a case be ready for trial is stayed right now. that's something that i'm really keeping my eye on, which is, is the d.c. circuit going to say, you know what, that part of the case is going to now go forward? that will cause donald trump to have to move for a stay in the supreme court, and that's where you want to watch and see what the supreme court is going to do on that. >> then there's just the timing of the stay has been in place for a couple of weeks. the d.c. circuit court would take a few weeks in january. that's effectively a four, five, six-week loss of time in terms

of jury selection and we will see if she can stick to the march 4 trial date. a lot of unknowns. andrew and anthony, thank you so much for spending part of what should be a holiday break with me in this early hour. i appreciate it. we have lots to get to this evening, including an inside look at one of the most effective propagandists in so-called war on woke. ron desantis has figured out what to blame for his flailing campaign, and it's not ron desantis. that's next. (son) dad? (husband) ♪ hey there family! while you're shopping, ♪ ♪ get me a 5g phone, it's on my list. ♪ (wife) seriously? a better plan is verizon. (husband) they'd take this mess? (caroler) ♪ very much so. just trade in that old phone. ♪ ♪ for a free 5g phone, plus netflix and max ♪ (wife) you really just should have done that. (caroler) ♪ this didn't land, she didn't like that. ♪ (husband) honey! i immediately get it! (avo) this holiday turn any samsung phone, in any condition,

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we are 25 days away from the first 2024 nominating contest. the iowa caucuses 25 days away. i had to check the calendar. ron desantis is 56 points behind donald trump and he is tied for second place with former governor nikki haley, according to recent national polling. never back down named its third ceo in two weeks because the other ones backed down. to hear ron desantis tell it, the problem here is not him. >> if i could have one thing

change, i wish trump hadn't been indicted on any of this stuff. i think that from bragg on, i have criticized the cases. someone like a bragg would not have brought that case if it was anyone other than donald trump. someone like that is distorting justice, which is bad. i think it distorted the primary. i think it's been -- those have been the main issues that have happened. >> it's helped him, is that what you are saying? >> both that. but then it is just crowded out so much other stuff. it sucked out a lot of oxygen. >> joining me now is the staff writer for "the atlantic." thank you for being here on what should be your holiday break. it boggles the mind, even now it feels like his campaign is circling the drain, he can't assess the problems in this race and the oxygen sucking of the

indictment. >> it's ron desantis' inability to take trump on under any circumstances. in a different world, you could see a president who has been indicted multiple times or a former president who has been indicted multiple times in what was a chief challenger to him less than a year ago saying, this is a kind of drama that we didn't want this campaign to be about. this is the fault of donald trump. i want presidential candidates not to be indicted. it would be nice if we didn't have to run a primary campaign about this and it was instead about issues. instead, it's this passive, i'm a victim of this tone in there. it's emblematic of his inability to articulate anything and to run in any pointed way against donald trump. >> i guess on some level i'm not surprised that ron desantis refuses to bow out. all things being equal, he is not the least popular person in

the republican primary. there's a weirdly high bar to clear that. there's so many unpopular people. chris christie, who did not qualify to get on the main primary ballot because he did not get the number of needed signatures required, i understand that he is in there for ideological purposes. but what really is the point in staying on any longer? >> that's a question i'm sure he is asking himself. chris christie -- it's not so much ideological. it's more of a self-respect campaign on his part. he lost quite a bit due to his initial alliance with donald trump. it was unholy from 2016 to 2202. he got in the race and prosecuted a case against donald trump which he did effectively. he did reputationally gain back

credibility he lost. the question is, as you said, he does have a ceiling here. he is cutting into nikki haley's slice of the pie here and probably at some point has to ask himself whether he wants to be a spoiler. if you look at where they started, chris christie versus desantis, desantis had so many expectations. people were investing a lot of hope into him as an i'll nae -- alternative to trump. he has done nothing but flounder. chris christie has come somewhere and desantis has been a disaster. it's relative and they are both way behind donald trump. i think they both sort of have gone in different directions. >> if the point of chris christie is remaining for reputational rehabilitation, at a point he will endanger that by staying in the -- if nikki hale

anti-trump alternative. she has -- is it nimble? she's done a job trying to avoid criticizing trump while sort of suggesting she's not a huge supporter. should we pay greater attention to the primary process? you see the rise of nikki haley. she's only four points behind trump in new hampshire. is this more of a race than we imagine it to be? >> i think it is. it's not just because i want to see a race. it would be good for the republican party and good for the country to see a real republican debate. i think her momentum is real. i think it will become more so if chris christie gets out. who knows? he can do math as well as anyone else.

he would sort of -- he seems to be hurting her or would if he stayed in longer. i think that if she gets a clean shot at trump, that would require chris christie getting out, maybe desantis if he doesn't perform well in iowa or new hampshire possibly getting out, it could be really interesting. she hasn't really attacked him that frontally. but there's not a lot of evidence that attacking donald trump and litigating like all of the things he is in trouble for will help a republican opponent. it could be a really interesting race going forward. i think there are a lot of anti-trump people coalescing around haley in a way that could be real. >> do you think it -- is it a coverage issue that haley needs to have a more bona fide shot of taking down trump? is it really winning over the maga echo chamber? that seems to be instrumental in trump's fortunes.

>> that's a really good point. i don't think she's going to win over the maga echo chamber. they are attacking her. clearly, there is a sign that the trump campaign is threatened by her more than they were a couple of months ago. nikki haley has yet to prove that she really is going to go full bore into the campaign against trump. i wonder what it would look like if she loses primaries. will she go to the mat against him or will she fold early and say, look, i'm a team player, and she's young enough to know she might have another shot. i think that her campaign and her momentum is real. i think trump is probably more afraid of her than they have said publically so far. i think we will see that. >> he is out there saying, immigrants poison the blood of our country and nikki haley is the daughter of immigrants. >> indeed.

>> thank you for your holiday hours. i appreciate them. have a great new year. >> you too. see you in the new year. we have a lot more to get to, including an eye-opening look at the people behind a series of right wing videos being shown to schoolchildren across the country. that exclusive report is next. yt heartburn acid prevention with just one pill a day. choose acid prevention. choose nexium. he hits his mark —center stage—and is crushed by a baby grand piano. you're replacing me? customize and save with liberty bibberty. he doesn't even have a mustache. only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪ my most important kitchen tool? my brain. so i choose new neuriva ultra. unlike some others, it supports 7 brain health indicators, including mental alertness from one serving. to help keep me sharp. try new neuriva ultra.

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for years, conservatives in positions of power in america have been on the offensive against public education under the banner of parental rights. in florida, governor desantis signed bills limiting what teachers can say about race and gender in the classroom. in his first executive order as virginia's governor youngkin banned the teaching of critical race theory. in texas, governor abbott has been pushing to give school vouchers to students so they can flee woke public schools for private institutions using taxpayer dollars. long before desantis and youngen and abbott, there was dennis prager. he made it his mission to save children from what he calls liberal indoctrination. >> if you are spending a good

part of the day teaching kids about preferred pronouns and other what we call woke issues, then you are really not teaching them. >> in 2009, he founded prageru a non-profit conservative media organization that produces what it calls educational videos that offer a conservative perspective on a wide range of topics from slavery to economics. since then, it has become a power propaganda machine for the right that's reaching millions of students every year, one five-minute video at a time. nbc's antonia hylton got a look at prageru. er special report. >> action. >> let's meet a police officer. >> reporter: in a studio tucked

away in an unassuming corner of los angeles, a group of creators and illustrators are churning out content for kids. under the direction of a former educator turned ceo. >> these are our editors, illustrators. >> reporter: this isn't nickelodeon or disney. some of the artists left those studios, drawn by the self-described pro-american patriotic values of non-profit media company prageru. how did they find out about prageru? >> they have young kids. they are upset what they are seeing. you have caleb here who has young kids. instead of working for a place where he feels like he is part of a problem, he is now part of the solution. >> reporter: the problem they see is a public education system too focused on diversity, equity and lgbtq issues. one that emphasizes the tough chapters in our history instead of american exceptionalism.

>> we do teach about the horrors of slavery. i don't think that young black americans should be taught that there's no hope and that the system is set up against them. why is it a good thing to teach your child you live in a [ bleep ]? there's so much -- look at you. look at you. you are so successful. >> i never said i thought i lived in a [ bleep ]. >> reporter: many conservatives feel they are fighting a battle between good and evil, right and left. their concerns have fuelled book bans and bills in dozens of states seeking to restrict how teachers can talk about history. the founder shared his views on race and history as a national radio show host for years. >> the left has made it impossible to say the n word any longer. that's disgusting. it's a farce. it's the only word you can't say. you should never call anybody

the n word. >> reporter: he says he created this to promote american values through creative educational videos. they have warned it's distorted and propaganda. since the pandemic, they have more than doubled revenue and reached over 9 billion lifetime views. are you just in a race for who can indoctrinate the kids first, who can win their hearts and minds? >> to a certain extent i guess you might have to put it that way. i want their doctrines taught. they don't want ours taught. >> reporter: what i hear from teachers is that they are slammed from block to block. they are underpaid. they are underappreciated. they don't even have time to talk about pronouns, gender -- >> i don't believe they are telling the truth. i think they are lying. >> reporter: you think all of the teachers are lying? >> not at all. look at the teacher unions.

they are among the most radical groups in the united states of america. >> reporter: the goal is to release 20 hours of new video per week and to add texas to a list of official educational partners that includes florida, new hampshire, and oklahoma. >> the superintendent of public instruction has come out all the way from oklahoma. >> reporter: oklahoma, a state with a painful history of racism, is a proud partner. their schools have not been ordered to use it in classrooms, but some teachers are using it on their own. >> i don't want my students to think that slavery only happened in america and it only happened with these two groups of people. that does not explain what slavery is. >> now for a brief history of slavery. >> reporter: it's delivered by a conservative commentator who

said white supremacy is not hurting black americans. >> slavery was not invented by white people. >> reporter: she's on the defensive. we are almost halfway through the video and there's no acknowledgement. she's giving credit to white people right now for ending it. before the acknowledgement of the pain that some of your students might actually know about and feel in their families. >> right. there's a lot of content we cover that does cover that aspect. >> reporter: on social media i come across extraordinary depictions about how africans lived like pharaohs before europeans came and laid waste to their paradise. i wish any of this were true, but it's not. i have to pause the video. i also know that that wasn't completely accurate. there were massive libraries and inventions and unbelievable cultures. but she made it look as though there wasn't a culture, there wasn't a society. if you were a black student

watching that you might leave feeling like your culture was disrespected. >> i want to make sure what i'm showing is filling in gaps of things we don't hear through history. >> reporter: he sees it as a supplement, not substitute. he teaches at a local charter school and believes it is parents, not teachers, who should take to kids about l g b btq and black lives matter. >> reporter: what if school is the only place they can talk about this? >> i think there's an appropriate age and time for everything. >> reporter: families like these who are a mix say teachers were never trying to turn their kids woke. they agreed to watch some prageru videos and give us their honest take. >> white people were the first to formally put an end to slavery.

>> something i noticed was no other culture did anything. no other culture tried to stop slavery. i know that isn't true. >> reporter: we watched characters who go back in time to visit historical figures like christopher columbus. >> i'm sorry. i heard at school you spoiled paradise and you brought slavery and murder to peaceful people. that's what i heard and heard at school. >> those are some accusations. >> i definitely think this is pointing towards how christopher columbus is a good guy. that's kind of stuck in my brain, because i liked it more than reading from a book with scratched up pictures. >> clearly, it's just really trying to make him out to be this great person who didn't do

anything. >> reporter: back at the headquarters, i asked dennis if he takes those concerns into account. take the christopher columbus video, the perspective of indigenous people isn't really evident in that video. the video, a short history of slavery, at no point do they talk about what american slavery was like. why leave all that out? if this is about the truth and additional context, why leave that out? >> if you feel that way, i promise you on camera, we will make a video on how terrible slavery was. >> reporter: the ceo expects to fill the space with hundreds of new writers and illustrators, people who are so dedicated to the cause, they are willing to move to liberal los angeles. >> i don't believe that america is going to be taken down by bullets and tanks. if america would be taken down, it's through the erosion of the values and ideas that have made our country what it is today.

>> reporter: if we keep seeing this as a war on either side, is this going to end well? >> nobody chooses to be in a war. i think it's incumbent upon us as parents and defenders of children to take this war, this aggression against our society and our children seriously. if i have to use a terminology that makes some people uncomfortable, so be it. >> antonia hylton joins me to talk about that coming up next. ♪ a force to be reckon with. no, not you saquon. hm? you! your business bank account with quickbooks money, now earns 5% apy. 5% apy? that's new! yup, that's how you business differently. detect this: living with hiv, i learned that i can stay undetectable with fewer medicines.

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in 2021, glenn youngkin became governor the virginia after running a campaign focused on parental rights and against alleged leftist indoctrination. republicans all over the country followed that year and they unleashed legislation that attacks public schools, assaulted teachers' educational freedom, whitewashed thefreedom banned books and a tracked transgender rights. the next front in the right wing culture war in the classroom is the battle over who gets to write the curriculum itself. conservative groups are pushing content with a conservative focus, a conservative focus, a corrective to what they're claiming is the woke agenda. some of that content is courtesy of a company called prager u

kids. here's a sample. >> america is more than a place on a map. it's an ideal and a set of values stemming from judeo christian principles. >> despite what some confused people think masculine knit at this is not toxic. >> most gender stereotypes exist because they reflect the way people are different. >> joining me is antonia who is coming back from prager u. you got access to the heads, creators and spokespeople. it's very, very enlightening. thank you. kudos. props on the piece. >> thank you, alex. >> let me first start with -- we played a little sound from the prager u pieces.

it sounds like the major fault line is r way in which american children are taught about race whether that's slavery, civil rights, black lives matter movement. can you talk about that a little bit and what issues in particular animated the prager uconn ser va tifs who are part of this organization? >> yeah. i think you've got it exactly right. it was encapsulated with the ceo marissa strait at the beginning where she's describing to me that one of her concerns with our education system around the country is that it's teaching young people, both people of color and white students, is that our country is she used an expletive but garbage or not great and that it gives children, particularly black children, a sort of victim mindset. i pushed back on that in a number of different ways, you see some of it there, telling

her that i myself as a student who went through public school in america was never made to feel that way as a descendent of slaves about the realities and horrors here but there is this sort of stark divide over this idea about what learning about these issues might do to or mean for children. for many teachers, they are excited about history. it's empowering. they see student asking interesting questions and try to foster debate. they rarely see students feeling guilty or like victims. what we see from some of the folks who are aligned with or work with prager spgs u and the conversations you saw there, they see it differently. that's part of what has animated the legislation, right? this idea if you talk about inequality, you spend too much time on the way racial difference has impacted our country's founding and maybe the

reality people live with today, that that has a negative psychological impact and that it's anti-american frankly. that's their view. >> yeah. i thought it was interesting. she was talking about the black experience and sort of pointing to you. it doesn't really feel like their concern is with black children but really white children who are made to feel, as you say, guilty when the lessons of slavery and the legacy of systemic racism is explored in the classroom. and i noticed -- i don't know, maybe you can give me an assessment. it seemed like mostly white faces that were populating the prager u confines. can you talk about the reach of prager u and the degree to which classrooms are adopting this which is not university affiliated but they're using it as teaching supplements. >> that's right. the first thing to know is they are not a university. they are not accredited. this is something dennis prager is proud of.

when i asked them whether or not they were going to seek accreditation, he said absolutely not. he sort of leaned forward as he told me that with a lot of enthusiasm and wanted to make it very clear they do not care about that kind of systemic process and approval. so i think, you know, when you look at that interaction there between me and the ceo and this idea, i think we're starting to see this pick up steam around the country. and, i mean, it's reflected in the fact that prager u has 10 billion lifetime views. they have partnerships in three states. they have growing meetings and relationships with leaders in texas, a massive state, leader in education and textbook development in our country. there's a real question about how far the partnerships go,

right? as i mentioned in p the piece, they can't force teachers to use the material. it's an option, it's approved, but they can't go in and directly change be someone's day-to-day lesson plan. what that may look like in the future. what the leader of superintendent of schools in oklahoma may do is an open question. i've spoken to teachers who are fearful. >> antonia, it's a great piece. i found my jaw dropping. we've reported a lot on this. this is really -- it's essential watching if you want to understand where the culture war is being waged and who's wagging it. thank you for joining me tonight. >> thanks for having me. we will be right back hour -- we will be right back with another hour, a very special holiday coverage of this show, "alex wagner tonight."

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welcome back to our second hour of special live coverage. we are continuing to follow the breaking news that the supreme court will not take up the key question in the federal criminal case against donald trump. trump and his lawyers have been arguing the former president is immune from prosecution for any of the actions he took while president to try to overturn the 2020 election. the judge has already ruled against trump on this issue but trump's lawyers have appealed. in order to prevent the case from being further delayed, special counsel jack smith asked the supreme court to weigh in on the matter right away, effectively leap frogging the appellate court in order to expedite that final ruling. today in a one sentence order the supreme court denied his request. it is clearly a rejection of

special counsel smith's call for a swift decision on the merits. it is also a notable break with historical precedent. in 1974 at the height of the watergate scandal then president nixon was resisting attempts by the special prosecutor to get his hands on what would become to be known as the nixon tapes. the special prosecutor had asked the supreme court for an expedited review. nixon, like trump today, opposed swift action by the highest court. in the nixon case the supreme court agreed that the matter did deserve swift resolution and it heard that case on an expedited basis. >> the u.s. supreme court acting as swiftly as it ever has today announced it will review the special watergate prosecutor's complaint against president nixon. it was just one week ago today when leon jaworski asked the court to rule on the president's

deiance on the tapes. it was yesterday when they asked the court not to rush to judgment and allow the case to be heard in the court of appeals. >> that was how we got nixon's watergate tapes. the nixon lawyers did not want to turn them over. it asked them not to rush to judgment. that's an exact quote. and it is also the exact same argument that donald trump's lawyers made to this supreme court this time around. they called on the court not to, quote, rush to judgment. now 1974 the supreme court didn't buy that argument. the matter was resolved in two months with the court's historic 8-0 decision determining richard nixon had to surrender the tapes. they believed the gravity of that matter involving a sitting u.s. president required an immediate response. but today in the year 2023 this supreme court has decided the no

rush to judgment argument is good enough to them when it comes to a past and potentially future president, and that decision has significant implications for the question of accountability here because the supreme court is not choosing to weigh in quickly, trump's team will now argue its case before a three-judge panel on the federal appeals court. oral arguments in that appeal begin january 9th. if those judges rule against trump, he can still appeal to the full court hearing. if he loses again, he can take up the issue with the supreme court. again, what that all means for the trial's scheduled march 4th start dart is anyone's guess. joining me now is josh gerstein from politico and joyce vance, an msnbc legal analyst. josh and joyce, thank you for joining me. joyce, i'm eager to hear your sort of thoughts and analysis

about the supreme court decision and just how problematic it is for that march 4th start date. >> yeah, that's the question, alex. it's very hard to give a meaningful answer because there are so many moving parts and so many variables. this could just be a blip on the radar screen. it's possible and jack smith asked the supreme court to be prepared to take this case immediately after the court of appeals decides it. so in an optimistic view the court of appeals could move quickly. the supreme court could jump right in and there could be a fast decision, but that's far from assured. for people who would like to see this case tried before the election, there's a much darker path where the court of appeals takes a little bit more time. trump expends the 45 days that he gets to reask for the hearing on bond that he just asked for.

then he gets 30 days and there is no guarantee they would move fast. they could move slowly. we could theoretically be looking at a case where they don't decide until late june, early july or if there's some in between path. the sort of ray of hope i see in today's decision, we don't know what the court's thinking is. it's just one sentence. but there are no reported discents. if there was some feeling of doom on the court that donald trump was going to escape responsibility at the hands of the supreme court, i think we would have seen dissent from some of the liberal justices. the fact that we didn't see those gives me a wee bit of hope. >> josh, there are questions about what will be ruled on.

the question of obstruction of justice and the jury effects the same charge donald trump is facing. i know i'm asking you to read tea leaves here, but do you think there's any sort of effect that decision will have on the other decisions the court could take up? >> well, i think it's very rare, alex, for the court or the justices to acknowledge any interplay like that, but we do know that sometimes that does happen in cases. i think back to the obama care case where it looked like some votes might have been traded there on two different aspects of that case. so i could see a situation here, i think a lot of legal analysts have said the supreme court does allow some trial of former president trump go forward, a criminal trial, but it puts the 14th amendment issue it's more

explosive in knocking trump off the ballot in a lot of states. maybe doesn't allow that to happen but does allow the trials to occur. it's hard to know what's going on, except as joyce says. there may be other reasons if there was consensus on this on the court. we don't know if it was 5-4 or 9-0. they have been discussing, alex those decisions to accelerate cases. there's been a lot of dissension in that sending another signal to another in that camp. >> it's just about factionalism on the court. reassuring. all eyes, fairly expeditiously.

other arguments started 21 months to decide the presidential immuity against donald trump. do you have any reason to believe that, a, it's going to take this long or they'll permit things and keep the trains on the tracks. >> right. we have to understand what this motion is to take a look at those questions because the motion to dismiss that trump filed on the basis of presidential immunity is a dispositive one. if he wins, the indictment is dismissed and this case is over. that's what sets this motion aside. it's why the stay was issued in the first place. there's a feeling when you have a dispositive motion like this, where you've got a right to take an appeal in advance of the

trial, that you shouldn't have to have any additional litigation burden while that appeal is away. could the court of appeals remove it and they might decide that trump's argument is so very weak and they could theoretical asking the supreme court to reinstate it. the timing issue is i think a very interesting one here because you'll recall, alex, we had this conversation about how fluid it appeared, that the court of appeals intended to move. originally they didn't require him to do the docketing. then jack smith asked them to expedite and they did hop to. they will hear oral argument on january 9. they permitted each side one hour for argument. that hearing should be over that morning and then it should be

ready for a decision from the panel. i think we have every reason to believe that they will act quickly. does that mean 11th circuit quickly? in the mark meadows appeal, they issued the appeal on the monday following the standard. maybe they'll set a standard the d.c. circuit feels like it has to follow. >> no matter what has happened, judge chudkin is losing weeks. even if it's lifted, if the dc court fines it. how does that factor into anybody's ability to get the jury selected, pre-trial motions in order for a march 4th date. >> i think realistically the march 4th date were supposed to come out, the potential jurors on february 9th.

there's obviously back and forth that has to take place before that occurs. it's hard to see if everything was back in gear by the 15th, 20th of january, i think there are a lot of problems getting that ready for march 4th. the bigger problem is if the case slips for more than a few weeks, it starts to run into the other criminal trial that we haven't mentioned yet, that president trump is facing on declassified issue and that's set for one trial. i think what the supreme court did pull the another nail in the coffin. could things happen? i think so.

>> can we talk about mar-a-lago? because there has been some development on that point, joyce. >> judge alien cannon has suggested that questionnaire not go out until the end of february. these are incremental movements. am i wrong to read intent into this as far as pushing the trial date further and further down the line? >> yes. i think jack smith was, this is a technical legal term, poking the tiger a little bit here if he tried to get a judge to take steps towards commencing trial. i think he's frankly testing the waters to see if she's serious to take the case to trial. there's reason to believe she isn't with handling some of the classified rulings and not

stacking things up in time. and if, for instance, she's not serious about her may trial date, that may leave time for a trial in fulton county georgia in that period of time. you asked earlier about whether judges -- i think you were referencing the supreme court look at other cases. here i think there are other judges looking to other jurisdictions to figure out who will be in a position to go first. it may well be the criminal case set for late march. >> wow. wouldn't that be ironic in terms of the criminal cases and be it may be the first one to go to trial. a lot of unknowns. thanks both for your time tonight. we have a lot more ahead this hour including a grim milestone reached between the grim ending and first inning can i haley is within stricking

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one month out from the state's first in the nalgts primary. >> unlike other can gates, former governor halley is towing a careful line. >> i don't know what to do to me our former president is a grave danger. while i want to support you, i want to hear from you you also think we're in danger here and this is a way to be stopping it from happening. >> i wouldn't be running if i didn't think he was the right. i've made that very clear. >> joining me now is my colleague, simone sanders. welcome to simone and the weekend. simone, thanks for being here.

first, what did you make of nikki haley's answer. does that count as a playbook for other republican kay playbook and i think that was as close as anyone is willing to go to talk about it. she is willing to say that donald trump messed up the deficit and added trillions of dollars to it while he was president. she is willing to tell you where she stands when it comes to war in ukraine and aid to israel. she's very mercy when it comes to our stance on abortion and even a little more abortion, are you able to criticize our truck right now.

unwilling to point out specifics beyond that deficit and the general lang waerge you saw. i don't think that's enough for her. that vote was at the and you tell her -- >> i know who i am, right? i have to win this primary. it begs the question, are we sart of toying with the possible and that a republican is going to see it and yet this new polling from the new york sometimes suggests there ace a seize ablg number of trump reporters in terms of whether or not he should go to jail if found guilty.

24% of them say he should note be the tomorrow knee? how do you believe there is more trump criticism. >> this republican party primarily, this crop of candidates. they all, begin, with the calculous that you could enafford to tuanin. presidential especially this one. it is at this tigs and these individuals have not competed. especially if you have worked for another buying for the same you want. i think the voters are looking for it. these numbers, if you told someone seven months ago, they

would tell you i think froifr going to make that up. what this poll says to me, if you listen to antidoes on the ground, not for super mag report, route 127. the more they hear the specifics of the cases. the more they see. the voters don't like it. at the end of the day they want to vote for somebody who they think, one, will win. donald trump is behind bars. >> if that were to pass and nikki haley could get the support ahead of the nomination ing henry by 17 boints. >> >> what is your thought on that, simone. i don't want to give people

false hope. i want to be honest. i did not see the numbers for nicki hayley in this primary as right now. tai couple of those. know vitt da there as hey and then it snow balances from there. there's a little over 2300 dell will he kwats to have. you need at least half of them to be able to be there. the republican presidential nomination. am if they did consolidation. this hoenl helps donald trump. there's no matter that suggests if a chris maine ron besan tis. they're vote zbroers okay and it is in fact donald trump.

so sob to show me the map there. if for some raisy way nikki haley could back outs on top. against, zwroibd, pa a f. nikki haley is on record in more than one space and place saying she would sign a notion nal abortion. >>. she's been charged with a felony and had to fish her miscarriage out of the toilet. i'm thinking about kate cots and all of those women in texas who see the kate coxs and the bradys of the world. >> you are right that issue is going to be more determinant than you can even imagine. thank you for bringing some joy. >> i know, i tried.

>> thank you my friend. >> thank you. you, too, alex. still to come tonight, a look at ground zero of the migrant crisis. international is next. international is next. how's your heart?art? how's your heart? - it's good. - is it? - i don't know. - it's okay. - it's okay. - yeah. - good. - you sure? - i think so. - how do you know? it doesn't come with a manual and you're like oh, i got the 20,000 day check up, right? let me show you something. put two fingers right on those pads. look at that. that's your heart. that is pretty awesome. with kardiamobile, you can take a medical grade ekg in just 30 seconds from anywhere. kardiamobile is proven to detect atrial fibrillation, one of the leading causes of stroke. and it's the only personal ekg that's fda cleared to detect normal heart rhythm, bradycardia and tachycardia. how much do you think this costs? probably in the hundreds.

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the war between israel and hamas in gaza is now among the deadliest and most destructive conflicts in recent memory. according to the ap, in just over two months israel's offensive has caused more destruction than the raising of is syria's aleppo and ukraine's mariupol or the allied world wa. the palestinian military says more than 20,000 people have been killed. hundreds of thousands of people are starving with little to no access of clean water and at risk for dying for affected meets. the u.s. vetoed previous versions with strong language calling for an immediate

cease-fire. they voted on the watered down version and the u.s. abstained because it did not include certain language. israel's foreign minister said israel will continue the war until the release of all of the abductees and the elimination of hamas in the gaza strip. this comes as they moved residents in several areas of central evacuation, he might be there. le host of ayman. let's just talk about the u.n. security council resolution, which is more than almost anything else. a statement of principles. i wonder how you read the united states behavior in all of this. >> i read it in the previous voefts and seeing how much the

united states has become an outlier and not calling for a cease-fire. keep in mind that previous u.n. security system and the u.s. vetoed it. they went to the general assembly and got marvelous. the united states was facing international pressure. quite honestly in the fairs of the reality that was ee emergencying on the ground, would they say we will allow them to continue? and that is the humanitarian office. the resolution was watered down and not what the country wanted to see. the abstention into the united states, some people putting it, as an opening the way they may

be able to continue these hostilities without any kind of conditions being set on what happens on the ground. >> yeah. let's talk more about that. abstention is not a know. right. it's like chapped. somewhere in the middle. do you -- i mean, given the gravity of the disaster that has unfolded in gaza. 20,000 dead, massive starvation. as ben rhodes was saying to this area mp that was being called off. do you think that is finally with the possession. they are still sending over 2,000 bombs. at what point do you think the military aid is negotiating with

israel in every stance. >> there's two components they are and certainly whether or not the united states and certainly the arab world and certainly the palestinians is co-signing every signingle bont, every sing the mow the that is going into it what's the matter with anything. it is providing them diplomatic culture and material support in the way it con dikts these sport. if the united states had bet on israel being successful in this campaign. officials in israel and here, hud you will mer and began to question whether the military

regime. these are israel's objective. it's changed. the second stated goal is israel destroying hamas. here we are 12 weeks into this war. they have not been killed. israel is still facing casualties on the battlefield 12 weeks in this war. they had the deadliest day when they lost nine soldiers in gaza. clearly those two stated objectives are becoming more scrutinized 12 weeks into the war juxtaposed with the fact that 20,000 people have been killed. i think the americans see that

and realize this is a serious problem for them, both on the international stage and diplomatically for president joe biden. >> i'll just before we go read the quote writing i believe -- in the op ed, israel faces a cease choice and a buyer to bring it up. it is a total loss of the remnants. >> it is a horror that is unfolding. eamon, thank you for your time, tonight. i appreciate it, my friend. >> thank you, my pleasure. still ahead, our exclusive report from inside new york city's historic ground zero for the nation's migrant crisis. that is next.

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this week texas republican governor greg abbott for the first time chartered a plane to fly a hundred migrants from his state to the nation's third biggest city, chicago. the governor has already sent thousands of migrants to new york city, some of whom arrived without knowing where they were. right now new york is the only major city that is required to provide shelter, food and care to anyone who needs it. this fall they checked in with officials how a city like new

york is providing aid and shelter. >> reporter: when it opened in 1924 the roosevelt hotel was a luxury designation. as they flocked to the art deco building, and artist guy lombardo made the hotel famous, the roosevelt soon earned the name the grand dam. >> today a top new york city health official is calling it the new ellis island. >> welcome to new york city asylum seeker. >> dr. ted long led the covid-19

pandemic. >> now manny castro is dealing with a crisis of a different kind, finding shelter for more than 140,000 migrants who have arrived in new york city in the past year and a half. >> so what exactly is happening here? what is this area? >> when people come in the arrival center we want to give you a place to sit, give you a meal and make sure your kids are attended to. registration is what's your name, how big is the family? so then as rooms become available in new york city, we know who can get placed there immediately. >> under be the chandeliers why the main lobby, immigrants now wait to be registered. they are exhausted. they are worried. many have made dangerous treks to get here and now they need a place to stay. .

>> the number of rooms we have available across new york city at this given moment is zero. that's why we have so many people. >> none of them have a place to sleep tonight. >> correct, none of them do. >> we have zero rooms across the country for families with children. >> outside o more wait to be processed. there are no beds available but a consent decree requires new york city to offer anyone and everyone shelter. >> think about this small moment, new yorkers. we have a policy in place right now that states, you can come

from anywhere on the globe, come to new york city and we have to pay for your food, shelter, clothing for as long as you want. when does it reach a point when it says it's unsustainable? >> reporter: how many a day are you getting? is. >> last week there was a day where we got over a thousand people. >> wow. >> we're seeing a surge. to us, it's unsustainable. we were not set up to handle a humanitarian crisis for this long. >> more than 2.4 million people have crossed the southern border. a recent spike brought on in part by the end of a covid era policy that turned back migrants at the border. thousands of them are in the city. joel hernandez is one of them. like millions of others hernandez left venezuela to

escape food scarcity and poverty. it took him almost four years to make it to the u.s. but when he arrived at the southern border, he had no idea he would end up in new york. a free bus ticket made the decision for him. >> hernandez works as a delivery driver in a city he barely knows. >> since the spring of 2022,

republican governors have been sending often unsuspecting migrants to liberal cities using human beings as pawns to exact political revenge and hoping to provoke an anti-immigrant backlash. >> they put out policies, self-proclaiming, that they're sanctuary cities, and they love to promote these liberal ideologies until they have to actually live up and apply zblem this past weekend there was a night where between 11 p.m. and 7 a.m. we had seven unannounced buses arrive from texas overnight. >> were those buses that were sent by the governor? >> those were buses that were sent by the governor and the cities of texas. >> clearly texas wants to make a point, but what are we to do? let people sleep in the street? >> we always get the fake news media. >> this has been a live issue where donald trump has been stoking anti-immigrant fear for political profit.

>> we know they are terrorists. it is a very sad thing for our country. it's poisoning the blood of our country. >> that sort of language has been echoed across the country. this year even mayor eric adams, a democrat, has come under fire for rhetoric critics call dangerous for immigrants. >> this issue will destroy new york city. >> adams has further described migrants as financial burdens for new yorktaxes because anyone on our clothes that wants to come to new york city can stay here forever, and the federal government says it's on our tab, listen, idealism collides with real-ism all the time. the real-ism is, we are out of room, we are out of room. >> on the daughter of immigrants, vincent immigrant city, new york city wants to in theory welcome immigrants. the mayor's rhetoric around

immigrants and specifically this group of migrants has been very -- in recent months. i understand the frustrations, the desire for the government to intervene in a formal capacity. do you worry that the messaging from city hall has not been actually that welcoming to the immigrants who find themselves here? >> we've been saying this for years. that we need help. we need to say it in a way that people are paying attention. >> to guarantee bad's for every asylum seeker who comes to new york city, more than 200 new city-funded emergency shelters have popped up all over the city. >> most people are saying that this is done by the federal government, we're doing it in new york city, we're hoping that this could be used as a model to be replicated everywhere else in the country. but in the meantime, you know, we can't be the only ones. >> the biden administration is helping. >> we've already delivered over one billion dollars in congress

appropriated to states and cities receiving immigrants. >> new york city officials say it's not nearly enough. the city has already spent more than two billion dollars to house and care for newcomers since the spring of 2022. it is expected to spend 12 billion dollars over three fiscal years. >> they only gave us a little over 100 million dollars to pay for this. >> in september, the biden administration ease pressure on would be migrants by offering temporary protected status to more than 470,000 venezuelans already in the u.s.. that status allows them to obtain work permits, but some dhs officials worry that this might prompt more migration from elsewhere. in the meantime, everyone else's left in limbo. [speaking in a global language] >> every asylum speaker we

communicate with says we don't want anyone -- we just want to be able to contribute to the city. >> people who call new york city home represent more than 200 nationalities. many came through the southern border, or process that the roosevelt hotel, and are now the newest new yorkers. >> this is turkish, right? >> yeah, it looks like turkish or ukrainian, we serve a lot of ukrainians. >> for now the roosevelt hotel is the only arrival center in new york city. the work is hard, but welcoming migrants as a reminder of what has always made america america. we'll be right back. > we'll be right back.

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the era, for most of us that signifies the holiday season, for sitting u.s. presidents it is pardoning season. the end of the calendar year presidents typically use their pardon power as an expression of forgiveness, a lesson in empathy. for donald trump, his pardon listening looted steve bannon, paul manafort, and charles kushner, and roger stone, donald trump's version and not lesson in empathy. president biden announced his pardon last, 11 people he is granting clemency. if you don't recognize their names that is because they're

not political allies of the president. they also don't engage in efforts to overturn a presidential election. they have that in common. these are people who deserve a second chance, who are granted that second chance as part of an effort that the president first announced a little over a year ago. >> as i said when i ran for president, no one should be in jail for using or possessing marijuana, it's already legal in many states. and criminal records for marijuana possession have led to needless barriers to employment, housing, and educational opportunities. too many lives have been up and that because our failed approach to marijuana. it's time that we right these wrongs. >> that was president biden just before the 2022 midterm announcing a sweeping pardon for thousands of people convicted of marijuana possession under federal law. today, president biden took it a step further, building upon last year's action by pardoning thousands more who were convicted of use in possession of marijuana on federal land.

the white house says, this move is meant to help thousands overcome -- hurdleso finding employment and housing. it's also evidence of a profound shift in this country when it comes to recreational use of marijuana which is now legal in 24 states. more than half the population of the united states. even republicans who normally wastes no opportunity to criticize president biden have mostly stayed mom on this issue. the people granted clemency here and american politics, you might call it a christmas miracle. that's our show for this evening. thank you for staying with us for these two hours. it's time for a special two hour rock block of the the 11th hour, with my friend and colleague stephanie ruhle. maybe we'll call it the eighth hour tonight. good evening my friend. good evening my friend, merry christmas, and -- i'm stephanie ruhle, here on msnbc headquarters and new york city. today the supreme court officially sidesteps what could