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moment that you will be forgiven if you don't remember are missed at the time, a lot happened on this day, but at his speech before the insurrection on january six, president trump had a lot to say about bias on the supreme court. >> you know, look, i am 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 have not spoken to any of them since virtually they got in, but the story is, that they're puppets. the only way they can go out to, because they hate that, not good on the social circuit, and they only way to get out is to rule against trump. let's rule against trump, and they do that. >> now, 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, all practically speaking, gave it

to citizens united. conservatives dominate the bench, 6 to 3. but 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. the court let prosecutors in new york gain access to his financial records, declined to hear trump's bogus 2020 election challenges, projected trump's attempt to both hold documents on the january six house committee. it allowed the house and means committee to change trump's tax returns, and it declined trump's attempt to have the court intervened in the mar-a-lago documents case. but tonight, when faced with the issue that could very well determine trump's accountability for his actions on january six, 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 pressing question of presidential amid the. instead, the board pointed that issue back to an appeals court for now. the supreme court did not explain its reasoning here, and there were no noted the sense, just that. what you see on your screen is all we got. now, trump's lawyers have been arguing that the entirety of the special counsel's election interference case needs to be turned out, on the promise that trump cannot be prosecuted because of presidential immunity. with that question on the side it, the entire case has been put on hold. jeopardizing the scheduled march 4th trial date and potentially pushing the trial into campaign season in the summer or pass the 2024 election entirely. today's supreme court decision makes that delay all the more likely. and, it is worth noting that the courts on recent history here is quite interesting, when it comes to the subject of

expedited hearings. since 2019, the court has taken up cases before they were heard by an appeals court, 19 times. cases like whether governors were allowed to restrict church attendance during the pandemic, and whether affirmative action could be used in college acceptance decisions. and whether president biden is allowed to forgive student debt. not to diminish the importance of any of the issues, but this one, whether or not the former president or a future president can stand trial for the events of january six, that seems certainly as big if not bigger than the issues that the courts have expedited quite recently. and a special counsel smith put in his filing for a court sunday, the charges here are of the utmost gravity. this case involves, for the first time in our nation's history, crimo charges against former president based on his actions while in office, and not just any actions, alleged

acts to perpetuate himself to power by frustrating the constitutional prescribed process for certifying the lawful winner of an election. with the supreme court declining to fast-track the case, the question of presidential immediately now heads back to the u.s. court of appeals for the district of columbia. and they are set to begin hearing oral arguments on january 8th. joining me now is former fbi counsel andrew weissmann and assistant professor of constitutional law at georgia state university, anthony michael crisis. thank you both for being with me this evening. andrew, what is your reaction to the courts very short denial here? >> well, this new question that, as you said, the supreme court date give donald trump a victory, in the sense that, he wanted the court to not take this out of turn review.

he wanted the normal procedures to apply, some irony there, since it's under his administration, that there has been an enormous number of requests to leapfrog the circuit courts. i was not all that surprise, and i think people should take a deep breath, because the issue here is that the d.c. circuit has moved so quickly, because jack smith has asked that court to expedite its review, and it's granted that. both sides are briefing that over the holidays and new year's. what will be done on january 2nd and oral argument will be heard on january 9th. it's important to which because if you're on the supreme court, you're really talking about a matter that is likely to be a couple of weeks of delay, not months and months, because of the d.c. circuit acting so quickly. i think the real issue that everyone should keep their eye

on, is, once the d.c. circuit rules how quickly will the circuit either get rid of the automatic's day, so that judge chutkan can move forward, or the supreme court will take review and expedite its review. i think that is the real issue, to focus on what happens once the d.c. circuit rules. >> absolutely, i want to come back to those scenarios. but because, professor christ, this issue may ultimately, once again, and up at the supreme court, i wonder if you take away anything from the decision today and the fact that there are no noted the sense. i am not a court watcher, but i wonder if there is anything to be inferred from that? >> well, i don't think that we can infer too much, because 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. so, there is a good chance, for

example, that with the expedited review in the d.c. circuit, that you'll see, a decision that's basically in donald trump's -- donald trump will lose and the d.c. circuit. it could be the case that the supreme court will not hear the case at all. but i think we have also seen that there is a lot of litigation related to donald trump and the election headed before a supreme court. not only do we have this question of presidential immunity, but there is the possibility of appeal from the colorado decision to kick trump off the ballot. there's also the january six prosecution, that case about what constitutes a corrupt description of a government operation. so, there is a lot of january six related, 2020 election related medication added to court, and i think that they are probably afraid on taking too much on too quickly, or being seen as over eager to hand donald trump losses. >> i understand that this is

not being framed, andrew, as an expedited process here, and it will be to donald trump's detriment. but the case of the special cross prosecutor is making is that this is about the american public having all of the information at hand, as they nominate someone in one of the two political parties in the country and potentially vote for him and the general election. i guess i kind of versus the idea that, somehow, expediting that, process by which donald trump goes on trial, and this 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, and i would add to that, the issue of the timing of the trial, is technically not really something that the dc kirk 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 consisted would due process that the trial could go forward on march 4th. these are all sort of operating as pocket vetoes of the considered decision, and i really do want to commend the department of justice is brief here, trying to be dispassionate with the way that they wrote the interest here, was that they were saying that the issue about how immunity works or does not work here, is one that the entire nation has an interest in knowing, whether their president can make crimes while in office and under what circumstances, if any. and that regardless of whether donald trump is convicted or acquitted, the country has an interest in knowing they're interested to knowing the election. they are trying to bring this in a very dispassionate way, which as a citizen no longer

being a part of the department of justice, i think that is exactly what you want from the department of justice, is that this is something that whether you are republican or 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. >> professor christ, in terms of recent is three, the court has taken up a lot of expedited cases since 2019 or even, i believe, 2018. i think we have a graphic of, i am not sure. for a long time, that does not have the years on it, but that is, i believe, since 2019, it's like 20 cases that they have expedited. on a variety of matters. prior to the, i think they took up like eight cases or ten cases after the nixon case. this is something that this court does would relative

frequency, and i wonder why this did not rise to the level of, for example, president biden's attempt to cancel student loans? >> yeah, i think that we all have to recognize that the united states supreme court is a constitution. though it is a court, it has some partisan interests, and is also considering the dynamics of what is beneficial and the majority of court. i don't think that there is an eager or earnestness by the majority of the court to hand donald trump multiple losses and to be seen weighing in too quickly or to be pushing the thumb on the skills against donald trump in a way that would further jeopardize the courts legitimacy from the majorities perspective. of course, it's true that there have been major cases that have had actual significance, a great case for the 19 50s, still sees her case for harry

truman trying to take over steel mills, that had labor disputes. the supreme court heard that on an expedited basis, because it had such a nationally important case. i think that this would certainly rise to that level, at the scene time, we also have to acknowledge, while this is important for the case, in terms of speaking to the heart of the democracy, it is also a criminal trial. there may be kind of other factors weighing in here, where the court does not want to be, does not want to appear to be short circuited and process for a criminal proceeding, where you might be more willing to do so in a civil proceeding, that only deals with constitutional interpretation without prosecutorial consequences. >> that brings us to the roadmap that you were laying out here, as far as what happens now. it sounds like we're going back to the d.c. court of appeals that oral arguments begin january 9th. if you are gaming this out,

just by virtue of their recent sort of behavior on this topic, it seems like trump could not win at the d.c. circuit court of appeals, which means either he goes to appeal at the supreme court, and they take it up, or they don't take it up at all, and allow the circuit court decision to stand, is that right? and that the big question -- sorry, go ahead. >> sorry, there appears one picture piece, one before you get to the supreme court, which is that he could seek, what is called unbanked review, because the d.c. circuit panel that is hearing this is three judges of the d.c. circuit. if he loses their, and i agree with you, i think he is going to lose their, if he does, he can then seek what is called review the whole court. i don't think that the whole court will hear it, but that is also potential delay. and then once that is decided, he condense eke supreme court review. all of that could be truncated, because the key issue, the main

issue that is causing the problem for jack smith is that there is an automatic stay, in fact. and the d.c. circuit can get rid of the, when they issued their decision and say that at least the better goshen can go forward, because, remember, that the automatic state is stopping not just the trial but all of the pretrial work, the deciding of motions, the jury questioning's that are going out. all of the work that needs to be done to have a case be ready for trial, is state right now. that's something that i am keeping my eye on, which is the d.c. circuit going to say, you know what, half 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 is where you really want to watch and see what the supreme court will do on the. >> and then there is the pure timing that this has been in play for a couple of weeks. the circuit court would like to

take a few weeks in january. that is effectively a four, five, six-week locks of time for judge chutkan in terms of jury selection, et cetera. we'll see whether she can make that up, to stick to that march 4th trial date. a lot of unknown, unknowns, since donald trump used to say. not a phrase you frequently hear from my mom. anthony weisman and anthony michael chris, thank you for spending what should be a holiday break with me this earlier, i appreciate it. >> happy to do so. >> we have lots to get through this evening, including an inside look at one of the most effective propagandists and the so-called war on woke. but first, right desantis has finally figured out what to blame for his flailing campaign, and it's not rhonda scent is. that is next. since 2009. this playstation 5 sold for only 50 cents. this ipad pro sold for less than $34. and this nintendo switch, sold for less than $20. i got this kitchenaid stand mixer

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the first 2024 nominating contests, the iowa caucuses. 25 days away. i, myself, had to check the calendar. governor 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. his main super pac never backed down, recently named its third ceo in two weeks because the other ones, apparently, back down. but they hear on desantis tell

it, the problem here is not it. >> if i could have one thing change, i wish trump had not been indicted on any of this stuff. honestly, i think the from alvin bragg on, i've criticize the cases. someone like a bragg would not have brought their case if it was anyone other than donald trump. someone like that is the sorting justice is bad, but also think it distorted the primary, and i think it's been, those have kind of been demon issues that have happened. >> is that what you're saying -- >> it's both that, but then it also is crowded out, i think, so much other stuff that has sucked out a lot of oxygen. >> joining me now is mark leibovich, staff writer for the atlantic. mark, thank you for being here, on what should be your holiday break, i appreciate it. it boggles the mind that even now, it feels like his campaign is certainly the dream. ron desantis can still not articulate the reality of donald trump in this race, and

his inability to take on trump. what do you make of his assessment of the problems of this race and the oxygen sucking of his efforts? >> it's a perfect distillation of ron desantis is kind of feckless, inability to take trump on under any circumstances. in a different world, you can say a president who has been indicted multiple times, or a former president that has been indicted multiple times, was a chief challenger to him less than a year ago saying, hey, look, this is a kind of drama that we did not want the campaign to be about. this was clearly the fault of donald trump. i want a president cannot be indicted ideally, and it would be nice if you did not have a primary campaign about this and was a standby issue, things like that. instead, we have this passive victim of this tone in there. again, it's emblematic of his complete, inability to articulate anything and also run any kind of pointed way against donald trump. >> i guess on some level, i am

not that surprised that ron desantis refuses to bow out. all things being equal, he is not the least popular person and a republican primary. there is a weirdly high mark to clear that, because there are so many unpopular people. but chris christie, i must ask you about, who do not qualify to get on the main primary ballot, because he did not get the number of needed signatures required. i understand that kristie is in there for ideological purposes, but what really is the point in staying on any longer? >> that is a question that i am sure that he is asking himself. chris christie, it's not so much ideological, it's so much more of a self respect campaign. he lost quite a bit, i think, during is initial alliance with donald trump, holy aligns from 2016 to 2021, and he basically decided to get in the race and prosecute a case against donald trump, which i think he did very effectively and a number of debates. it's not moving the needle that

much for him, but he did reputationally gain back a lot of the credibility he lost a few years ago, first that's governor. so, the question is, as he said, he does have a ceiling here. i think he is clearly cutting into nikki haley's slice of the pie here, and probably at some point, he must ask himself whether he wants to be a spoiler. here i think if you sort of look at where they started, christy v's dissent this year, the santa had so many expectations. people were really investing a lot, hoping to have him as an alternative to trump. he's been nothing but a flowering campaign since he's gotten in. chris christie, i don't think he can win, but he's actually come somewhere, and desantis on the other hand, has been a disaster. it's all relative, and ultimately, the party is behind donald trump. i think they have gone different elections. >> if the point of course the remaining in the races reputational rehabilitation, at

a point, he is going to endanger all of that by staying in the race, if nikki haley really is the viable, anti trump alternative. i am hesitant to even call her an anti trump alternative, because she's in a very, is it nimble, she's done a job trying to avoid criticizing trump while also suggesting that she is not a huge supporter of his. in that way, i wonder whether you think we should, as a bent smith was writing, be paying greater attention to the primary process, precisely because you are seeing the rise of nikki haley, only four points behind trump in new hampshire? is this more of a race then we imagine it to be? >> i think it is, not just because, i want to see a race. i think it would be good for the republican party and the country to see a real republican debate. but i think haley's recent momentum is real and will become more so, if christie gets out between here and new hampshire, which i think, he might.

who knows? he could do math as well as anybody else. and then, he is sort of, again, he seemed to be hurting if he stayed in much longer. but i do think that, look, if haley gets a clean shot at trump, and that would require christy probably getting out, maybe desantis, if he does not perform well in iowa or new hampshire, possibly getting out, it could be really interesting because, yeah, she has not really been attacking the frontally, but there is not a lot of evidence that attacking donald trump and sort of litigating like all of the things that he is in trouble for, would actually have a republican opponent. it could be a really interesting race going forward, because i do think that there are a lot of anti trump people call asking around hailie in a way that could be pretty real going forward. >> do you think that it matters, is it a comfort issue that halle needs to have more bona fide shot taken down trump, or is it really winning over the sort of maga echo chamber?

that seems to be truly instrumental in trump's fortunes. >> that's a really good point, i don't think that a win over the maga echo chamber. they are already attacking her, clearly, there is a sign that the trump campaign is there and by her more than a couple of months ago. nikki haley has yet to prove that she really is going to go full board into this campaign and beating trump. i do wonder what it would look like if she had a few primaries, will she go to the bat against him or kind of, you know, fall early, say i am a team player. she's not enough to know that she might have a better shot. but i do think, except for -- i do think that her campaign israel, and i think trump is probably more afraid of her that they have said publicly so far. i think we'll see that. >> well, he is out there saying that immigrants poisoned the

blood of our country, and nikki haley is of course the daughter of emigrants. mark leibovich, my friend, thank you for your holiday hours, i appreciate them, have a great year. >> you too, alex, have been or. >> 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. the exclusive report is next. is next liberty mutual customized my car insurance and i saved hundreds. with the money i saved, i started a dog walking business. oh. [dog barks]

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positions of power in america have been on the offensive against public education, under the banner of parental rights. in florida, governor ron desantis has bills limiting what teachers can say about race and gender in the classroom. in his first executive order as virginia governor. glenn youngkin banned the teaching of critical race theory. over in texas, governor greg abbott has been pushing to give school vouchers to students so that they can flee public schools from private institutions using taxpayer dollars. but long before governor desantis and youngkin and abbott, there was dennis breaker, a conservative radio host has 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 really are not teaching them. >> in 2009, denys prager founded prageru, a nonprofit 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, prageru has become a powerful propaganda machine for the right, one reaching millions of students every year, 15 minute video at a time. nbc's antonia hylton got an inside look at prageru. this is her special report. >> action. >> reporter: time to read auto

tales, let's be a police officer. >> reporter: in a studio tucked away, and an unassuming studio in los angeles, a group of creators and illustrators are turning a contest for kids, under the direction of a former educator turned ceo, -- >> these are our editors and illustrators. >> reporter: this is not nickelodeon or disney, but some of these artists left those videos, drawn by the self described, pro-american, patriotic values of nonprofit media company prageru. >> how did you recruit? them how did they find out about prageru? >> they have young kids. they, themselves, are upset with what they are seeing that is produced in our culture. you have somebody like caleb here, has young kids, and instead of working for a place where, he feels like he is part of a problem, he is not part of a 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, but i don't think that young black americans should be taught that there is no hope, that the system's up against them. why is a good thing to teach or child that you live in a [bleep] whole? that is not a good thing. look at you, look at you, you are so successful. >> i never said i thought i lived in a [bleep] hole. [crowd chanting] >> reporter: many conservatives feel like they are fighting an existential battle between good and evil, right and left. their concerns have fueled recent book bans and bills and dozens of states, seeking to restrict how teachers can talk about history. >> sorry to billy. >> founder prager shared his controversial views on recent history, as a national radio show host for years. >> the left has made it impossible to say the and word any longer. that is disgusting, it's a farce, it's the only word that

you can't say in the english language. of course, you should never call anybody the n-word. >> reporter: he says he created prageru in 2009 to promote american values through creative education videos. historians and educators have warned that the content is distorted and propaganda. but since the pandemic, they have more than doubled revenue and reached over nine billion lifetime beuse. >> so 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 so. you might have to put it that way, but i want their doctrine thought. they don't want ours thoughts. >> what i hear from teachers of every background is that they are slammed from block to block. they are underpaid, they are underappreciated, and that they don't even have time to talk about pronouns, gender theory, critical race theory -- >> i don't believe that they are telling you the truth. i actually think that they are lying to you. >> you think all of the

teachers are lying? >> not all, if you look at the teachers unions positions, the teacher unions are among the most radical groups in the that states of america. >> we'll be fine. i promise. >> reporter: the goal is to release at least 20 hours of new videos per week and to add states like texas to a list of official education partners, that already includes florida, new hampshire and oklahoma. >> superintendent of public instruction, ryan walters, has come out all the way from oklahoma -- >> reporter: oklahoma, a state with a painful history of racism is a proud prageru partner. their schools have not been ordered to use prageru in classrooms, but some teachers, like gabe willie, are choosing to use it on their own. >> i don't want my students to believe that slavery only happened in america, and it only happened with these two groups of people, because that is not explain a tip of what slavery is. >> and now for a brief history of slavery. >> reporter: this lesson is

delivered by conservative commentator candace owens, who once told lawmakers that white supremacy was not hurting putt americans. >> here's the person that you need to know, slavery was not invented by white people. >> she is immediately on the defensive, and we are almost halfway through the video, and there is no acknowledgment, she is giving credit mostly to what people right now for ending it, before the acknowledgment of the pain that some of your students might actually know about and feel and their families, right? >> right, and there is a lot of content or that is the main aspect. >> on social media, i come across extraordinary depictions of 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. >> okay, i have to pause the video there, because i also know that was not completely accurate. there were massive libraries and inventions and unbelievable cultures, but she made it look as though there was not a

culture or society, that if you're a black student watching, you might be feeling like, your culture was disrespected. >> i want to make sure that, what i am showing is maybe filling in some gaps from things that we don't hear publicly in history. >> he says he sees prageru as a supplement, not a substitute. he teaches at a local charter school, and he believed it's parents, not teachers, who should talk to kids about lgbtq identities or movements like black lives matter. >> what a public school is the only place they can find and just an adult to talk about these issues? what if they need to learn about them from someone like you? >> i think that there is an appropriate age to be thought for everything. >> reporter: but families like the rams, who are a mix of white and mexican american, so that teachers are never trying to turn their kids woke. they agreed to watch some prageru with us, and give us their honest. take >> why people were the first to formally put an end to slavery.

no one is saying that this makes white people better than anyone else. >> something that i noticed was, no other culture did anything, no other culture tried to stop slavery, which, i know that is not true. >> >> reporter: we also watched prager characters leo and leah to go back in time to visit historical characters like christopher columbus. >> i am sorry, mr. columbus, but i heard in school that you spoiled paradise and brought slavery and murdaugh murder to these peaceful people. >> those are some accusations. >> so, i definitely think this is pointing towards how, christopher columbus is a good guy, but, that kind of stuck in my brain, because i liked it more than reading from a book with pictures. >> clearly, it's just really

trying to make him out to be this great person who did not do anything. >> reporter: back at their los angeles headquarters, i asked dennis prager if he takes those concerns into account. >> take the christopher columbus video, the perspective of indigenous people is not really evident in that video. the video, a short history of slavery, at no point do they actually talk about what american slavery was really like. why leave that out? this is about the truth and additional contacts -- >> if you feel that way, i promise you on camera, we will make a video on how terrible slavery was. >> reporter: ceo melissa strafe expects to fill the space with hundreds of new writers and illustrators, people so dedicated to the cause, they are willing to move to liberal los angeles. >> i don't actually believe that america is going to be taken down by bullets and thanks. i think if america would be

taken down, it's through the erosion of the values and ideas that meet our country what it is today. >> if we keep seeing this as a war on either side, is this going to end all? >> nobody chooses to be in a war. i think it's incumbent upon us as parents and as defenders of children, to take this war, this aggression against our society and children seriously, so if i have to use a terminology that makes some people uncomfortable, so be. >> antonia hylton joins me to talk about that investigation into the heart of the culture wars coming up next. t.

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in 2021, republican glenn youngkin became to garner a virginia after running a campaign focused on parental rights and against alleged left this indoctrination. the next year, republicans all over the country followed the lead, and they unleashed a barrage of legislation that attacked public schools, assaulted teachers educational freedom, whitewashed the free teaching of black history, banned books and attacked transgender rights. the next front in the right wing culture war in the costume is the battle over who gets to write the curriculum itself. conservative groups are now pushing content with a conservative focus, a conservative focus. it corrective to weather turning the woke agenda that they claim is indoctrinating american children.

some of that content is courtesy of a company called prageru kids. here is a simple. >> america is more than just by sunday map. >> what? >> it's an ideal and a set of values stemming from judeo-christian principles. >> despite what confused people think, masculinity is not toxic. >> most gender stereotypes exist because they reflect the way that men and women are naturally different. >> eventually, all socialist countries face serious scarcity of basic needs. >> joining me now is nbc correspondent antonia hylton, who is back from a reporting trip to prageru headquarters. antonia, it is a masterful piece. it is very thorough, and you've got access to the prageru sort of had creator, and spokespeople. it's enlightening, kudos and props on the pace. >> thank you, alex. >> let me first start with playing a little sound from the prageru lessons, but in your

piece, it really feels like it sounds like one of the major fault lines here is race, and the way in which american children of the race and the legacy of racism, whether that is slavery or the civil war, or the civil rights movement, or even the black lives matter movement. can you talk about that a bit and what sort of issues in particular and admitted the prageru you reported on from within the organization? >> i think you got exactly right. i think it's kind of encapsulated efforts in the competition with the ceo at the beginning, where she is describing to me that one of her concerns with our education system from around the country is that it is teaching young people, of color and hoisted, in that our country is garbage or not great, and that it gives children a sort of victim onset. i push back on that in a number

of different ways. you see some of it here, telling her as as myself who went to school here in america, was never made to feel that, way despite knowing, as we said, about slaves and the reality of pores here, but there is this stark divide over the idea of what learning about these issues might do two or mean for children. for many teachers, identify all along the political spectrum, they believe and are excited about history. they tell me it's empowering. they say students ask interesting questions, try to force the debate, and they say they rarely see students in the classroom feeling like victims or victors. but what we see from some of the folks who are aligned with and work with prageru, and in the conversations that we saw there, they see it differently. that has animated the legislation, this idea and talk about inequality, spend too much time on how differences

has impacted our country's founding, and maybe the reality that people live with today, that that has a negative, psychological impact, and that is anti-american. >> i thought it was interesting that she was talking about the black experience, pointing to, it does not really feel like they are concerned with black children but really white children, who are made to feel, as you say, guilty of the lessons of slavery and legacy of systemic racism export and the classroom. i noticed, i don't know, maybe you can give an assessment, it seemed like mostly white faces populating the prageru confines. i wonder, if you can talk a little bit more about the reach of prageru and the degree to which classrooms around the country are adopting this material, which is not university affiliated, correct me if i am wrong, but they are using it as teaching supplements. >> that's right, the first thing to know, they are not a university. they are not accredited.

this is something that dennis prager is part of. when i asked him about whether or not they would seek accreditation at some point, he said, absolutely not. and he sort of leaned forward as he told me that, with a lot of enthusiasm. he wanted to make it very clear that did not care about that kind of, you know, systemic process and approval work. 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 learn this pick up steam around the country. it's reflected and the fact that prageru has about ten billion almost lifetime donors now. they have partnerships in three states. they have growing meetings and relationships with leadership's and the states all over the country, in conversations where there is in texas, a massive state with textbook development in our country.

there is no questions about how far these partnerships really go, right? as i mentioned in 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 someone's day today some plan. what that might look like in the future, what leaders like the superintendent of schools in oklahoma may do in terms of deepening those partnerships, leaves an open question. i spoke to teachers who are careful that at some point, that may be a requirement, or there may be more direct interference of the work they do on a day-to-day basis. >> antonia, it's a great piece. it's like, i actually found my jaw dropping, and, we have 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 waged in. thank you for your excellent reporting, antonia, thank you for joining us tonight. >> thanks for having me. >> we will be right back -- we will be right back with another hour of very special holiday coverage of the show,

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hour of a special live coverage. we are continuing to follow the breaking news that the supreme court will not take up a key question in the federal criminal case against donald trump. trump and his lawyers have been arguing that the former president is immune from prosecution for any of the actions he took while president to try and overturn the 2020

election. the district judge overseeing the case, judge tanya chutkan, 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 math right away, effectively leapfrogging the appellate court in order to expedite that final ruling. but today, and a one sentence order, the supreme court denied his request. it is clearly a rejection of special counsel's smiths all for a swift decision on the merits. it's 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 consular prosecutor to get his hands on what will come to be known as the nixon tapes. that special prosecutor had asked the supreme court for an expedited review. nixon, like trump today, opposed swift action by the highest court. but that nixon case, in the

nixon case, the supreme court agreed that the matter they deserve swift was loosen and it hurt that case on an expedited basis. >> the u.s. supreme court acting as swiftly as it ever has today announced it will review a special watergate prosecutor's complaint against president nixon. it was one week ago today when leon jaworski asked the court to rule on the presidents defiance of a subpoena. it was yesterday when the president's lawyer 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 white house did not want to turn them over, as you heard john chancellor say. the nixon administration wanted the court to take its time. it asked them not to rush to judgment, that is 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, rushed to judgment. now, 1974, the supreme court did not buy that argument. the matter was resolved in two months, with the court's historic 8 to 0 decision, determining that richard nixon had to surrender of the tapes. they believe that 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 that the no rush to judgment argument is good enough for 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 d.c. appeals court, what is known as an opaque

ruling. and if he loses again with the full court, he can take up the issue with the supreme court. again, what that all means for the trials scheduled march 4th start date is anyone's guess. joining me now is josh gerstein, senior legal officials affairs reporter at politico. and joyce vance, former u.s. attorney in the local district of alabama now 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 potentially for that march 4th start date. >> yeah, i mean, i think that's the question, alex, and it's very hard to give a meaningful answer because there is so many moving parts and so many variables. this could just be a blip on the radar screen. it's possible that 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. a supreme court could jump right in, and there could be a fast decision. but that is far from a sure, and there is much, i think, for people who would like to see this case tried before the election, there is a much darker path where the court of appeals takes a little more time, trump expense the 45 days that he gets to ask for the re-hearing on bunk that he just asked for. he then gets 90 days to apply for the supreme court. and there is no guarantee that they would move fast. they could move slowly. we could be theoretically looking at a situation where they don't decide the case until late june, or early july. and we just don't know how this will go, or if there is some in between path. but the ray of hope that i see in today's decision, we don't know what the courts thinking is, it's just one sentence. but there are no recorded the sense. and 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. and the fact that we did not see those today gives me just a little bit of help. >> josh, there's been a lot of speculation about how the court is going to roll on a number of items, issues that appear on its horizon, whether it's the 14th amendment appeal that is coming as a result of the colorado state supreme court. or the question of obstruction of justice, that is coming from one of the january 6th defendants that intern may affect the same charges that donald trump is facing. i know i'm asking you to read to leaves here, but do you think there is any sort of effect that this decision would have on those other decisions that the court could take up. >> i think it's very rare, alex, for the court order 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 of votes might have been traded there on two different aspects of that case. and so, i could see a situation here. and i think a lot of legal analysts have said that this is possible, where the supreme court ultimately does allow some trial of former president trump to go forward, a criminal trial. but, you know, it puts other issues like this 14th amendment issue which, too many people, i think, it's potentially more explosive than the notion of knocking trump off the ballot and a lot of different states. maybe it doesn't allow that to happen, but it does allow the trials to occur. it's hard to know what's going on behind the scenes, except as joyce says, you know, there may be other reasons, if there was consensus on this from the court, we don't know if it was 5 to 4, or 9 to 0. but, you know, they have been discussing, alex. you showed that graphic a couple of times, all those decisions in the last few years where they agreed to accelerate cases. there's been a lot of

dissension on that issue and so, perhaps, this is one camp in that debate sending a signal to another camp in that debate. and partisans may believe it's not totally about trump in this particular instance. >> it's just about factual-ism on the court. reassuring? not really. joyce, all eyes are turned to the d.c. circuit court of appeals. that court has been handling this case, this iteration of this case fairly expeditiously oral arguments start january 9th. but i think it took them 20 months to decide the presidential immunity defense and in the civil case against trump. do you have any reason to believe, a, that it's going to take that long, or, b, that they'll permit at state to remain in place, which has effectively frozen all the pretrial movement necessary to keep that trains on the track. >> right. we have to understand what this motion is to take a look at

those questions because of the motion to dismiss that trump filed on the basis of presidential immunity is dispositive motion. in other words, if he wins the indictment, and it's dismissed, this case is over. that's what sets this motion aside than other motions that judge chutkan has before her. and it's why that stay was issued in the first place because there's a feeling that when you have the dispositive motion like this, or you have got a right to take appeal in advance of the trial, that you should not have any additional litigation burden while that appeal is underway. you know, could the court of appeals remove the state? they might decide that trump's argument is very weak here that no further staley is warranted and they could theoretically do that, forcing him to ask the supreme court to reinstate it. that's one aspect of the problem. the timing issue is, i think, a very interesting one here because you will recall, alex, we have had this conversation about how slow it appears that

the court of appeals intended to move. originally, they did not ask trump to even complete docket-ing, just the formal paperwork filing he needed to set this appeal in motion until the end of december. and then, jack smith asked them to expedite and they really did help to that. this was a fast briefing schedule. they were hearing oral arguments. they'll here on january 9th. they permitted each side one hour of argument. that hearing should be over that morning. and then, it should be ready for a decision from the panel. and i think we have every reason to believe that they will act quickly. you know, does that mean the 11th circuit quickly, and the mark meadows appeal, the 11th circuit issue, their opinion on the first business day, the monday following the friday argument, maybe it makes it a standard that the d.c. circuit who feel like it has to follow. >> what is that -- i mean, no matter what has happened, judge shucking is losing weeks here for as long as the state remains in place, even if it's lifted, if the

d.c. circuit court of fines for jack smith, let's say in the for -- third week of january, that is still a lot of several weeks, josh. i wonder how you think that factors to everybody's ability to get a jury selected, get all the pretrial motions in time for march 4th date. >> realistically, the march 4th date is already in a lot of trouble. i mean, the jurors, as i understand, we're supposed to come in and fill out the questionnaires, the potential jurors on february 9th. there is obviously back and forth that has to take place even before that occurs. and so, it's hard to see even if some others popped out of the court of appeals immediately. there was no other stays decided and, you know, everything was back in here by the 15th or the 20th of january. i still think there's a lot of problems getting that case ready for march 4th. the bigger problem right now is that if the case slips by 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 down in florida on the classified information issue in fort pierce, florida. you don't, that is set for may 20th, and one charge can't overlap with another one. so, there is an issue already with that march 4th trial date. i think what the supreme court did today probably, you know, put another nail on the coffin on that date. but can things happen a couple of weeks after that? i think it is still a possibility if things move along quickly. >> can we talk about mar-a-lago because there's been some development on that front, joyce. jack smith was requesting a jury questioning hearing on february 1st. judge aileen cannon, who has thus far made decisions that i think trump would not necessarily be upset about, has suggested that question it not go out until the end of february. these are incremental movements. but they feel meaningful, joyce. am i wrong to read intent into all of this as far as pushing this trial date further and further down the line?

>> yes, so, i think jack smith, this is a technical legal term, poking the tiger a little bit here, to see what would happen if he tried to get that judge to take steps towards commencing trial. i think he's friendly testing the waters to see if she is serious about taking the case to trial or not. there is reason to believe she isn't from the way she's been handling some of the classified information rulings, and not stacking things up in time. and if for instance she is not serious about her may trial date, that might leave room for a trial in fulton county, georgia in that period of time. so, you asked earlier about whether judges, i think you were referencing the supreme court looking at other cases. here, i think there's a lot of judges looking to other jurisdictions and trying to figure out who will be in a position to go first. it may well end up being the criminal case in manhattan that is set up for late march. >> wow! wouldn't that be ironic!

it was the first one in terms of a criminal case. and it may be the first one to go to trial. we will see. a lot of unknowns. josh gerstein, joyce vance, thank you both very much for your time tonight. >> thank you. we have a lot more ahead this hour, including a grim milestone reached today in an ongoing war between israel and hamas. my colleague ayman joins me on that later this hour. but first, nikki haley is within striking distance of donald trump in the state of new hampshire. is she actually going to strike. more on that, right after the break. stay with us. ♪ ♪ ♪ dealdash.com, online auctions since 2009. this playstation 5 sold for only 50 cents. this ipad pro sold for less than $34. and this nintendo switch, sold for less than $20. i got this kitchenaid stand mixer for only $56. i got this bbq smoker for 26 bucks. and shipping is always free. go to dealdash.com right now and see

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new polling in the state of new hampshire shows gop presidential candidate nikki haley trading front-runner donald trump by just four points, one month out from the states first elimination primary. but unlike most candidates who find themselves within striking distance of their opponent, former governor haley is towing a very careful line as far as what she will actually say about her most direct competitor. >> i don't know what to do with the fact that to me, our former president is just a grave danger to the country and to the christian church. so while i want to support you, i also want to hear from you

that you also think there's a danger here, and that this is the way to stop this from happening. >> i would not be running if i didn't think that he is not the right person at that right time. i have said multiple times, i don't think it's good for the country, for donald trump to become president again. i have made that very clear. >> joining me now is my colleague simone sanders townsend, who's an msnbc host on the weekends. thank you for being here to bring some holiday joy into my life even if we are talking about republican candidates. first, what did you make of nikki haley's answer there? the stat count as a playbook for other republican candidates who were asked about donald trump, or what was that? >> you know, alex, i listen to that clip a couple of times and i think that was as close as anyone has knocked chris christie or a set of johnson, willing to go to criticize donald trump in front of that voters. nikki haley has been, what's interesting about her campaign, she's been very willing to tell

you where she stands on key things, right? 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 the war in ukraine, and aid to israel. but she is very murky when it comes to the stance on abortion, and even a little more murky when it comes to, well, are you willing to criticize donald trump or not? she's been clear that she doesn't think donald trump as a candidate for this moment, but unwilling to point out specifics beyond that deficit and that general language you saw. i don't think that's enough for the voters. that woman who asked that question to her, that voter, that voter was asking because they want to make a decision. the voter is saying, look, i want to vote for you. what can you just tell me that you really think about donald trump -- and she could not get there. >> yes, you sensed that she wants to, right? she's like, you know who i am, right? but i have to win this primary which begs the question, i mean, is it even possible -- are we sort of dealing with the

impossible here. like, can you actually, it seems hard to fathom a republican who's gonna make it out of the primary and then somehow do well in the general election. because the audiences are so radically different. and yet, this new polling from the times suggests there is a sizeable portion of trump supporters who are willing to hear out the feds in terms of whether or not donald trump committed crimes, and suggest they think trump should go to jail if he's found guilty. they furthermore say 25%, 24% of them say, he should not be the nominee if convicted. how do you read those numbers? is there more room for trump criticism then we have been led to believe by other than donald trump? >> yes, there is more room for trump criticism. i think there's as a little bit of a herd mentality here. this republican party, primary, this crop of candidates, they all, again, with the exception of chris christie and asa hutchison, make the calculus that they cannot afford to criticize donald trump because the voters, the base party

voters, still like him and they are with him. i think that was a gamble and it was a wrong gamble. presidential campaigns, every campaign, but especially presidential, it's about contrasts. it is a competition. and these individuals have not completed, especially if you have worked for another individual that is also vying for the same spot that you want, you have to be able to draw contrasts, and this hasn't happened. i think the voters are looking to it. these numbers, if you told someone seven months ago, this would be some of the numbers. people will tell you, oh, i think you are making things up. you are a little crazy. base voters are with donald trump. but what this poll says to me, and if you listen to antidote on the ground, not from super maga voters, i'm talking about regular republicans, conservatives, there is a window. there is space, and it says to me they are more people here about what donald trump has done, and the more they hear the specifics of the cases, the more they see that the voters don't like it. at the end of the day, they want to vote for somebody that

they think will, number one, when. but number two, we'll do something for them. i don't know if trump can do for anyone if he's behind bars? >> if that should come to pass, and for example, nikki haley were able to consolidate support ahead of the nominating process ending, a recent wall street journal poll shows haley leading meeting president biden by 17 points. what is your thought on that, simona? >> a couple of things. i want to be honest. and if i'm being honest, i don't see the numbers for nikki haley to beat donald trump in this primary as it is right now. the iowa caucuses are only a couple of weeks away, at this point, alex. and you have new hampshire where she's surging. there's nevada, there is south carolina, her home state. and then, you've got super tuesday. and then it snowballs from there. there's a little over 300 delegates to be had in the republican presidential primary. and you need at least half of them to be able to be the

republican presidential nominee. there's all this talk out there about all of those candidates dropping out, consolidate. they can consolidate behind nikki haley. i think consolidation, and i know my friend tim o'brien has said this, it only helps donald trump. there is no data that i've seen that supports that if chris christie, if ron desantis, if they drop out, the deck ramaswamy, that their voters automatically go to makayla. nikki haley. most of the second choice for the voters is still in fact donald trump. someone needs to show me the math there. if for some crazy way nikki haley can come out of on top in this presidential primary, i think that she would be competitive candidate against joe biden. but the reality is, abortion is going to be a key driver in this general election. abortion is not just a health issue, it's an economic issue. and nikki haley's on record in more than one space and place saying that she will side, sign on a national abortion abortion ban. i'm thinking about a young black woman in ohio, just

charged with a felony because she had a miscarriage, and she had to fish her miscarriage out of the toilet. i am thinking about kate cox, all these women in texas, across the country, who see kate cox and the other woman in the world, and understand that it could in fact be them. >> wow! you are right, that issue is going to be, i think, more determinative than we can even imagine. simone sanders townsend, thank you for bringing joy to this friday news coverage. god bless you. thank you, my friend. [laughter] >> good to see you. happy holidays, alex. >> you too. still to come tonight, an exclusive look at the ground zero of the migrant crisis in the u.s.. but first, international calls grow for a cease-fire while conditions in gaza reach catastrophic new lows. that is next. ♪ ♪ ♪ lows. that is next ♪ ♪ ♪ ♪ ♪ ♪ ke some others, it supports 7 brain health indicators, including mental alertness from one serving. to help keep me sharp. try new neuriva ultra. think bigger. my active psoriatic arthritis

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the war between israel and hamas and 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 serious aleppo and ukraine's mariupol or the allied bombing of germany in world war ii. the palestinian health ministry in gaza now says over 20,000

people have been killed. hundreds of thousands of people are starving, with little to no access to clean water. and that risk of dying from infectious diseases. today, there you and security council passed a resolution calling for urgent and extended humanitarian pauses to allow for more humanitarian aid. the u.s. vetoed previous versions of this resolution, the ones that included stronger language, calling for an immediate cease fire. when the security council voted on the watered down resolution, the u.s. abstained because it did not contain language condemning hamas's october 7th attack. following the passage of the resolution, israel foreign minister said, israel will continue the war until the release of all the abductees and the elimination of hamas in the gaza strip. this comes as the israeli military ordered residents in several areas of central gaza to evacuate, indicating that their offensive is expanding

with no end insight. joining me now is ayman mohyeldin, host of ayman, which airs weeknights on msnbc. of course, ayman, what's this talk about the u.n. security council resolution, which is more than almost anything else, it's a statement of principles. and i wonder how you read the behavior of the u.s. delegation in all of this? >> i think i read it by looking at previous votes and seeing how much the united states has become an outlier in the international community as a result of taking this position of not calling for a cease-fire. keep in mind that previous u.n. security council resolutions have called for cease-fires. the u.s. vetoed them. they also then went to the general assembly and once again got the votes overwhelmingly from all member states with a handful of exceptions for a cease-fire. so, the united states was facing international pressure, and quite honestly, in the face of the reality that is emerging on the ground was a situation that they could no longer

simply justify and say that we are going to allow for to continue, and that is the humanitarian aspect of this. i know that the resolution today was watered down on where it was a couple of days ago. it is certainly what the united arab emirates and other countries that were voting for this wanted to see. but nonetheless, the extension of the united states, some people are interpreting it as an opening, opening, not necessarily as a final position, but an opening and that the united states may be beginning to soften its position on allowing as well to continue these hostilities without any kind of conditions being set on what happens on the ground. >> let's talk more about that because abstention is not a no, right? it's kind of what happens in congress. you just don't vote, therefore, you are somewhere in the middle. do you, i mean, given the gravity of the disaster that is unfolding in gaza, 20,000 dead, mass starvation. as ben rhodes was saying on the program last night, you know, death and destruction on this scale has not happened in this

century. this feels like a holdover, a call back to what happened in the worst days of world war ii. do you think that that is finally shifting the u.s. position vis-à-vis the netanyahu government? and at what point, the u.s., the times makes the point that the u.s. is still sending over bonds to israel, that they are using to bomb civilian areas on gaza. at what point do you think that military aid becomes part of the calculation in terms of the u.s. negotiating with israel on its stance? >> there's two components to that. the first component is the fact that whether or not the united states believes it, and certainly whether or not the united states accepts it, the international community, and certainly the arab world, and certainly the palestinians see that the united states is cosigning every single mom, every single missile, every single bullet that is going into gaza. they see that because the truth is that the american government is providing israel with unconditional amounts of weapons for this operation.

so, it is providing them diplomatic cover at the united nations. it's providing that material support in the way that they conduct this war. here is the point, the united states had bet on israel being successful in this campaign. and what is clearly emerging now, and a lot of former military officials, both in israel, and certainly here in the united states, including the former israeli prime minister beginning to question whether or not the effectiveness of this military campaign is going to be successful, the two state objectives. keep in mind, that israel objective. to release hostages, destroy hamas. the only hostages that have been released so far have been a product of negotiations, not as a result of the actual fighting. in fact, three hostages were killed by israel, and that really changed a lot of the public mood. the second component to that objective is israel's stated goal of destroying hamas. well, here we are, almost 12 weeks into this war, the senior leaders of hamas are still very much operational, very much in command of the organization.

that is according to the israeli military's own assessment. they have not been killed. israel is still facing casualties on the battlefield, 12 weeks into this war. they just had the deadliest day for their soldiers just a couple of days ago when they lost nine soldiers and gaza. so clearly, those two stated objective now are becoming more scrutinized as this war is juxtaposed against the fact that 20,000 people have been killed. i think the americans see that and they realize that this is a serious problem right now for them, both on the international stage and diplomatically as well as politically for the president, joe biden. >> yes, i would just, before we go, i'll read that quote from -- i believe, israel now faces a choice between cease-fire as part of a deal that may bring home hostages alive, and a cease-fire with no deal, no hostages, no apparent achievement, but a total loss of the remnants of international public support. it is a horror what is

unfolding. ayman mohyeldin, think you again 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 was abel patel, ground zero for the nation's ongoing migrant crisis. that is next. ♪ ♪ ♪ isis that is next ♪ ♪ ♪ ♪ ♪ ♪ sore throat medicated drops. uniquely formulated for rapid relief that lasts and lasts. that's my babyyy! -ow! get mucinex instasoothe. it's comeback season. when moderate to severe ulcerative colitis takes you off course. put it in check with rinvoq, a once-daily pill. when i wanted to see results fast, rinvoq delivered rapid symptom relief and helped leave bathroom urgency behind. check. when uc tried to slow me down... i got lasting, steroid-free remission with rinvoq.

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to flight 100 migrants from his state to the nation's third biggest city, chicago. the government 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 in the country that is required by the courts to provide shelter, food, and care to anyone who needs it. this fall, we checked in with officials to see how the city of new york is handling the impossible, providing aid and shelter without enough of either. ♪ ♪ ♪ >> reporter: when it opened in 1924, the roosevelt hotel was a luxury destination. as new york city socialites flocked to the art deco building -- ♪ ♪ ♪ >> reporter: and artist mauro made the hotel famous for the annual rendition of all land zion. >> happy new year, everyone. >> reporter: the roosevelt soon

earned the nickname, the grand dam of madison avenue. ♪ ♪ ♪ today, a top new york city health official is calling it the new ellis island. >> welcome to the new york city asylum seeker arrival center. >> reporter: this doctor let new york city's response to the covid-19 pandemic. now, alongside new york city commissioner castro, long is dealing with a crisis of a different kind, finding shelter for more than 141,000 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 to the arrival center, we immediately want them to offer them a new meal, make sure their kids are intended to. come up here and this is where you register. registration is what's your name and how big is your family. we know how big the families are, and as room becomes

available in new york city, they are transferred there immediately. >> reporter: under the chandelier's and the main lobby where new yorkers once -- immigrants now way to be registered. they are exhausted. they are worried. many have made dangerous threats to get here. and now, they need a place to stay. >> [speaking in a global language] [speaking in a global language] >> the number of rooms we have and available across the city at this moment is zero. that's why we have so many people lobbying -- >> none of these people have a place to sleep tonight? >> correct, none of them do.

currently, not an exaggeration, we have zero rooms across new york city for families and children. >> reporter: outside of the hotel, hundreds more weight to be processed. there are no beds available but a law requires new york city to offer anyone and everyone shelter. >> think about this for a moment, new yorkers. we have a policy in place right now that states that 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 where we can say it's not sustainable? ♪ ♪ ♪ >> reporter: how many per day are you getting? >> we got over 1000 people the last day. we are seeing a surge and that is just to us, it's not sustainable because our city was not set up to manage a

humanitarian crisis of this magnitude for this long. >> reporter: more than 2.4 million people have crossed the southern border in the past year. a recent spike brought on in part by the end of the covid era policy that turned back migrants at the border. thousands of them are now in new york 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 hernandez finally arrived at the southern border last year, he had no idea he would end up in new york. a free bus ticket made the decision for him. >> [speaking in a global language] [speaking in a global language]

>> reporter: hernandez now works as a delivery driver in a city that he barely knows. >> [speaking in a global language] >> reporter: since the spring of 2022, republican governors have been sending 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 are century city's. and they love to promote these liberal ideologies until they have to actually live up to them and apply them. >> this past weekend, there was a night where between 11 pm and seven a.m., we had seven unannounced buses from texas arrive overnight.

>> reporter: were those buses that were sent by the governor? . >> sent by the governor and the city of texas -- >> reporter: texas wants to make a point but what should we do, let people sleep in the streets. >> reporter: this has been a live issue on the presidential campaign trail 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. >> reporter: that sort of language has been echoed across the country. [speaking in a global language] >> reporter: this year, mayor eric adams, a democrat, has come under fire for rhetoric critics called dangerous for immigrants. >> this issue will destroy new city. >> reporter: adams has further described migrants as financial burdens for new york taxpayers.

>> if i raised your taxes because anyone in the globe that wants to come to new york city can stay here forever, and the federal government is sending this to 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 -- >> reporter: i am the daughter of immigrants. this is an immigrant city. and new york city wants to end theory welcome immigrants. but the mayors rhetoric around immigrants and specifically this group of migrants has been very evasive in recent months. and i understand the frustration and that desire for the federal government to intervene in a more full capacity, but do at all 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 over a year that we need help. we have to say it in a way that people, you know, pay attention to. >> reporter: to guarantee beds 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 assume that this is being done by the federal government. but it's really funded by the city, we are doing it. we are hoping that this can 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. >> reporter: the biden administration is helping. >> we have already delivered over one billion dollars that congress had appropriated to states and cities receiving immigrants. >> reporter: but your 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 million over three fiscal years. >> they only gave us a little over $100 million to pay for this. >> in september, a biden administration eased 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 this might prompt more migration from elsewhere. in the meantime, everyone else is left in limbo. >> [speaking in a global language] >> every asylum seeker we communicated with say we don't want anything for free from new york. we just want to be able to contribute to this city. >> reporter: people who call new york city home represent more than 200 nationalities. many came through the southern border and were processed at the roosevelt hotel and are now the newest new yorkers. >> this is turkish, right? >> yes, it looks like turkish or ukrainian because we serve a lot of ukrainian immigrants. >> reporter: for now, the

roosevelt hotel is the only arrival center in new york city. the work is hard but welcoming migrants is a reminder of what has always made america america. ♪ ♪ ♪ we will be right back. and the giggles. the family that takes delsym together, feels better together. ♪ limu emu & doug ♪ [bell ringing] and doug says, “you can customize and save hundreds on car insurance with liberty mutual.” he hits his mark —center stage— and is crushed by a baby grand piano. are you replacing me? with this guy? customize and save with liberty bibberty. he doesn't even have a mustache! oh, look! a bibu. [limu emu squawks.] only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪ sometimes your work shirt needs to be for more than just work. like when it needs to be a big soft shoulder to cry on. which is why downy does more

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the year. which for most of us signifies the holiday season. but for sitting u.s. presidents it is pardoning season. at the end of the calendar year, presidents typically use their pardon power as an expression of forgiveness. as a lesson in empathy. for donald trump, his pardon list included steve bannon and paul manafort, and charles

kushner, and roger stone. which is donald trump's version of a -- today, president biden announced his pardon list. 11 people he is granting clemency. and if you do recognize their names, that is because they are not political allies of the president. they also did not engage in efforts to overturn a presidential election. keep that in common. these people deserve a second chance, and who are granted a second chance as part of an effort the president announced a little more than a year ago. >> as i said when i ran for president, nobody should be in jail just for using their position of marijuana. it is already legal in many states. and criminal records for marijuana possession have led to needless barriers to employment, to housing, to educational opportunities. too many lives have been upended because of the approach to marijuana. it is time that we right these wrongs. >> that was president biden, just before the 2022 midterm.

announcing a sweden 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 actions by pardoning thousands more who were convicted of use and possession of marijuana on federal land. the white house said that this is meant to help thousands overcome partners to find employment and housing. but it's also evidence of a profound shift in this country when it comes to recreational use of marijuana. now legal in 24 states, more than half the population of the united states. even republicans who normally miss no opportunity to criticize president biden, stay at home on this issue. for the people granted clemency here, and american politics on the hole, you might call it a christmas miracle! that is our show for this evening. thank you for staying with us for this two hours. now it's time for a special, to our rock lock of the amend our

with our friend and colleague, stephanie room. maybe we'll call it the eight hour tonight. 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 be a major political minefield for now. it deny special counsel, jack smith, requests to fast-track a decision on whether donald trump has broad immunity for actions he took as president while challenging his 2020 election loss. this means justices will allow the case to move forward through the regular appeals process. it is likely that the court will also be soon confronted with another trump case. today trump confirmed that his legal team is working on an appeal of a colorado high court ruling that would kick him off the primary ballot. there are challenges to trump's ballot eligibility underway and more than a dozen other states including michigan. now that state is also in the spotlight after the detroit news reported that