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from msnbc world headquarters here in new york. welcome, everyone, to alex witt reports. we begin with two major developments both of which could impact the election interference cases against donald trump. first up, we have the supreme court rejecting the special counsel's request for an early review of clumps claims that he should be immune from facing prosecution. a newly discovered recording of trump pressuring michigan election officials not to certify the 2020 election. we are going to go right now to nbc's erin gilchrist here that the white house fourth. aaron, welcome. what does this mean for trump in the cases against him? >> alex, to potential impacts. hear this phone call could turn into damning evidence in one of the four cases against trump. now at the same time the supreme court could be just the kind of speed bumps the trump legal team could be looking for. >> reporter: the setback for government lawyers trying to fast-track the prosecution of former president donald trump

for interfering in the 2020 election. the supreme court denying the request of special counsel jack smith to skip the appeals process and decide whether trump is immune from federal prosecution for crimes committed while in office. trump's lawyers had argued this myth failed to offer a compelling reason for the high court to step in. >> in this case, delay is a win. >> reporter: the decision coming just hours after the detroit news reported then president trump pressured to election campuses not to certify the election result in wayne county. the detroit citing it the recording of a phone call involving trump, rhonda mcdaniel, and county canvassers monica campbell are in paul hartman who has since. dies nbc news has not heard or verified the recording. the newspapers quoting trump is saying, we cannot let these people take the country away from us. maintain yellow saying, if you can go home tonight. do not sign a. we will get you attorneys. back in november of 2020, this is how palmer described a call. >> he's saying to me for my

third of this. he asked me how i was doing. >> the trump campaign not disputing the recording. telling nbc news that trump's action report of his duty, quote, to take care of the laws and ensure election integrity. medina telling the detroit news, quote, there was ample evidence that warranted an audit. michigan secretary of state saying the recording does not really surprise her. >> he was trying to push her, a local appointed official, to subvert their own duty. their legal duty under the law. >> reporter: trump is facing four criminal prosecutions heading into the 2024 election. the michigan recording could haunt him. >> it is incredibly damning evidence. this evidence could find its way to the georgia case or one of these federal cases. >> the question of presidential immunity will end up before the supreme court. it will make the traditional route going through the d.c. appeals court first. even that has been fast-tracked. the judge of the arguments early next month. alex? >> aaron gilchrist at the white house, thank you so much. joining me michigan

secretary of state jocelyn benson. welcome, you have been all over the story. you have a lot to ask about. before we get into the developments in your state of michigan i do want you to weigh in on the supreme court decision declining to fast-track trump's immunity claim. is this a win for trump? or might the appellate court move swiftly if it is possible? >> i think, thank you for having me, i think that is really going to unfold in the weeks ahead. in all cases, and i say this as a former -- law school constitutional law scholar, we want the court to be by the book but also move judiciously. we see that happening with the upcoming -- in the circuit. i hope the supreme court will recognize the urgency of clarity on all of these fronts. and as the proper procedures all follows, will issue decisions providing that clarity. >> let's get back to the news out of your state. you said in november 2020 that you were aware of multiple

attempts byrump and his allies to undermine the will of the ters. he was, in fact, trying to pressure local officials to subvert their duties. were you aware of this phone call involving trump? rhonda mcdaniel, and those two canvassers? how could election board members choose not to certify votes? how did that happen? >> we were aware of the pressure. in fact, monica palmer, as you show, talked about it publicly. that was no surprise. the content of this reporting was of no surprise. what was challenging in that moment was there was both a legal duty for the canvassers to certify. there was no evidence of any kind of wrongdoing presented to them. they had a ministerial responsibility. they certification on the local and state level. everyone knew they didn't certified to four person board if they voted not to certify it would've gone to the michigan supreme court which would compel them to certify.

. they would've seen a state certification go forward. it was all a issue delay. we see that playing out here even now in this current issue with the supreme court in the current campaign. the issue of trying to delay in creating that delay gives a sense of uncertainty and allows this misinformation campaign to take. old used to input certification and other states. trump tweeted the night of the wayne county, looks like michigan is not gonna certify. there must be something wrong. we knew the longer that it core for the -- they would have more time to spread misinformation and that could open the entire certification process in all of the battleground states. >> understandably so. i'm wondering if you are surprised that a recording exists of this conversation. why might it be surfacing now? >> my first reaction when this story broke was, who had this recording for three years and sat on it, and why?

i think that is an open question. there is a lot of speculation from that. the fact that he comes out right after the colorado supreme court ruling, it is questionable and notable. i don't know the source of the recording. i don't know why they might have waited until now those are questions that they need to ask as the component of this story unfolds. >> i'm curious your thoughts on trump. personally reaching out to the wayne county board members putting the full pressure of the president the on them. do you expect a criminal investigation to be opened into trump? on the face of it, is that a criminal act? can you, as secretary of state, push to pursue a such? how would that look? are you already considering some kind of action? >> i had that conversation about that. the reality is you have several criminal inquiries. the state and federal level

into the election of times to both pressure and state lawmakers and others to interfere with the process. all the way out to the tragedy on the u.s. capitol on january 6th. one is a question of, is there actual evidence? it is notable that this article talks about the recording. no one's heard it yet. s no one knows where it exists r who have. that is an open question. the existing criminal investigation capture any additional illegality that are revealed through this reporting? that is possible. i don't know if it is separate. given the ongoing criminal investigations, all of that is in the purview of prosecutors at the state and federal level to decide. we will continue cooperating with all of them as we work to tell our story and service witnesses of what we experienced in november 2020. >> there is rnc chair, rhonda mcdaniel. i'm curious of your thoughts of her. a fellow michigander. essentially playing the role of

-- was a surprise to you? do you think that she may be investigated for potential crimes? >> i think it is possible. we know under michigan law if you offer someone something of value in order to compel them to not fulfill their legal duty, that constitutes bribery. that will be captured in criminal proceedings? we will have to wait and see. miss mcdaniels with no stranger to these conspiracy claims. she held a press conference a few weeks earlier with a number of lies about our elections in michigan. it was no surprise to me to hear of her involvement. what it does underscore is how high, these are national figures, the president of the united states, just how high this went. this effort to pressure local election officials to not do their duty of certifying the election results in wayne county, which included detroit. that is a lot.

when a president calls someone who is trying to do their local duty, it is notable that at the and of the day that the state border canvassers did certify the election. we prevailed, democracy prevailed. the attempts of the trump campaign were unsuccessful. >> extraordinary pressure in fact. let me ask you, finally, this last question. you know there is that lawsuit in michigan to remove trump from the ballot, similar to the one that has prevailed in colorado. michigan one now being appeal due to the michigan supreme court. does your office have a position on the lawsuit? >> our position is it is up to the court. it is not a kandura issue. it is a serious one. the allegations are serious. it has serious implications both in this case and in creating a legal precedent that could be applied in other cases, as well. the justice in the supreme court and ultimately the u.s. supreme court need to take this seriously. they need to provide of clarity. which is frankly our only

position at this point. we just want to know who to put on the ballot in michigan. as in colorado, frankly. the former president is on the primary ballot until the court rules otherwise. in our case, the u.s. supreme court. we will wait and see how plays. out the clarity for voters with the republican party for election officials is really needed sooner rather than later. we can have some finality in this question before the 2020 election. >> michigan secretary of state, jocelyn benson. thank you for your vigilance and for listing on top of it. i hope you get a bit of a break for the holidays but not too long. buckle up for 2024. >> indeed. >> two questions that could invoke havoc on the multitude of legal questions involving donald trump. we are back in 60 seconds. see the difference with olay. whenever you're hungry, there's a deal on the subway app. buy one footlong, get one 50% off in the subway app today. now that's a deal worth celebrating. man, what are you doing?! get it before it's gone on the subway app.

♪♪ (carolers) ♪ iphone 15 pro, your husband deserves it! ♪ get it before it's gone on the subway app. (mom) carolers? to tell me you want a new iphone? a better plan is verizon. (dad) no way they'd take this wreck. (carolers) ♪ yes, they will, in any condition. ♪ ♪ get iphone 15 pro and ipad and apple watch - all on them! ♪ (mom) please forgive him. (carolers) ♪ it's all good - just a little awkward. ♪ (soloist) think we'll wrap this up. (vo) it's your last chance to turn any iphone in any condition into a new iphone 15 pro with titanium and ipad and apple watch se - all on us. that's up to $1700 in value. only on verizon. more now on the supreme court rejecting special counsel jack smith's request for an early review of trump's claims that he is immune from prosecution. a newly discovered recording of trump pressuring michigan election officials not to

certify the 2020 election. joining me now former deputy lead in the trump administration investigation as well as edward foley, he directs election law program at ohio state university. thank you for being here. we are having a little bit of a connection problem with tristan. as soon as we get up we will continue but i will let you answer your questions without a break. did the supreme court's rejection of jackson's proposal to fast-track the presidential immunity decision surprise you? can you see reason for the rejection, even though the court offered none, nor gave a breakdown of how those justices ruled on whether or not to take the case? >> it did surprise me but i also do see reasons for it. the colorado case, which the court knows it's going to a very soon, only the u.s. supreme court can review from the colorado supreme court. it can't go to any other federal court. on the other hand, the immunity

case that the u.s. supreme court did not fast-track is going to the d.c. circuit, some people talk about it as the junior varsity supreme court, because it handles so many important issues out of the nation's capital. if the supreme court would know it was going to get a quick and fair hearing in the d.c. circuit, it gives them the justices of the supreme court type deal with this important colorado case. >> many are suggesting what happened yesterday as a win for donald trump. many are saying this appellate court could make a quick decision. talk us through how that could impact the timeline of jack smith's election interference case. >> i agree with that. i think the d.c. circuit, the appellate court, will make a very quick decision. it will go quickly back to the u.s. supreme court. in fact, the u.s. supreme court doesn't have to agree to take the case. if they are happy with the way the d.c. circuit decide to, it

could deny a review. something they really can't do in the colorful case, for reasons we could discuss, for -- the u.s. supreme court knowing it has a lot coming this way knowing it can reflect on the d.c. case, let the d.c. circuit handler, if we lack what they say that might be enough. >> let me get to colorado in one second. one more question on this. i'm curious if you could explain what trump is asking the appeals court to decide. what will the ultimate ruling on presidential unity mean for the multitude of cases against donald trump? >> trump is making a sweeping claim, one that is really unprecedented, as a sitting president he could not be criminally prosecuted for anything he does while serving those four years. it was not successful in the district court. i do not predict it would be successful in any core. as you were indicating, he was using it to try to get a delay. he may now be able to have a little bit of extra delay because of what the u.s.

supreme court. ultimately, i think you've going to fail in his efforts for immunity. >> looking at the big picture here, the supreme court could be facing a large donald trump caseload. then there is the presidential immunity case, the colorado supreme court ruling, which found that donald trump was ineligible to be on the states primary ballot because he engaged in an insurrection. is the supreme court going to ultimately play and all-sized role in the 2024 election? maybe even bigger than in 2000 when the court decided bush versus gore? >> the supreme court is forced to decide legal questions i'm sure they would prefer not to have all these legal questions related to how the election and prefer to have the election to be a little bit more of a normal one. but in the so far as there are big legal questions to be answered we need the supreme court to answer them. i agree with secretary benson on that point. we need clarity as soon as

possible and as far as the availability issue. we want elections to be decided according to legal principles. after all, it is our constitution that structure is our electoral college system and all of the rules for running election. law is unavoidable in the context of voting. when there is questions of law, they go to the court. ing. when t a source with knowledf the trump team's plan they are telling nbc news they tend to appeal the call out about the question, it will come after christmas, very likely early next week. if the supreme court takes up that case, is there a way to rule narrowly on it? are they going to have to take this constitutional question head on? which could then potentially impact on 50 states. by the way, could you see a question to take up that one while having punted on jack smith's case? >> yes. this question is the most important one for what will unfold over the next weeks and months. the colorado case is about

trump's eligibility to be a candidate and potentially serve again if he wins. i think it is really important whether the core who tries to rule narrow as you suggest or take the hit you head on. there has been some commentary about the possibility of the core using an off ramp, so to speak, to say they don't have to decide whether trump engaged in insurrection one way the other. they could just say procedurally that no core could consider this to river the colorado course which could put it back on the ballot in the this question of eligibility in limbo potentially to come back after the election of trump were to win if congress were to consider in january of 2025. that is a very precarious situation. it is really important how the supreme court handles this case and what it says annette. >> i'm very glad to say they tristan snell has joined us. the volley, this barrage of

questions coming to you, nada, can relax for a second. let me take a look at this map here. we are seeing a patchwork of similar legal questions to trump's eligibility. more than 30 states -- most of the cases have moved through the courts california tenant governor is calling on its secretary of state to consider kicking trump off that primary ballot. you have main secretary of state saying she is going to decide next week whether to independently remove trump from the ballot. how, tristan, is this playing out across the united states overall? is there an argument that this election should be decided by the states, the voters themselves, or the supreme court? >> the thing that really beat sow those things is the constitution of the united states of america. the 14th amendment is crystal clear about the eligibility of insurrectionists. in other words, they are not eligible to run for anything.

once they violated that oath, the only way they can become re-qualified to serve in any office, state or federal, is to be reinstated by two thirds vote of both houses of congress. it's all right there in the 14th amendment, section three. this is a situation where, just like if somebody who were 14 years old decided they wanted to run for president, the constitution says no, you can't. in the same way an insurrectionist, someone who has broken their oath in support of an insurrection, that person can no longer hold office, state or l, cil or military. >> logistics wind i was ten to look at this in terms of logistics. the timing and logistics on this,because primary bounce in colora a set to be printed on january 5th. does that mean that if we don't have a supreme court decision by then that trump's name would or would not be on the primary ballot anyway? what kind of impact what they have on the case in the

elections overall. would it go to colorado decided? or with the fact that there was an appeal, would it have to not act on that which was ruled upon? >> if we don't have a definitive decision on this before january 5th, it would appear the trump's name would be on the colorado republican primary ballot. that does not speak to what would happen with the general election. i think we are going to see something from the supreme court before then. they are not going to want to sow chaos here. although i feel like they are probably going to kick the decision back down to colorado. >> okay. now and, let me ask you the insurrection question. tristan makes the point that if you 14 years old we know the constitution says sorry, you're too young, he can't run. with the insurrection question, is it as clear cut? donald trump has not been charged, nor convicted, of aiding and insurrection.

>> two points on that. the criminal process, that doesn't matter. the author of this part of the constitution knew that andrew johnson was president after lincoln. he might pardon former confederates of the role in the confederacy. they still wanted to make sure those former confederates were disqualified and not able to return from office. the fact that there is no criminal conviction of insurrection or any criminal conviction connected to january six is not relevant to the meaning of insurrection. it is a more complicated issue to say, did trump engaged in insurrection than to say how old he is? is he a u.s. citizen? or the barack obama had two terms, no president could have three terms. it is a judgment call about whether trump's conduct was sufficiently connected to the attack at the capitol to put him in that category. and the attack at the capitol,

was it an insurrection under the media of the constitution? >> last word to you, christian. your final thoughts? >> it's not clear as to whether not someone is 14 but i'm simply saying we cannot say oh, the states should decide. the constitution beats out what the states would decide on this. then there is the question of how to interpret the constitution. and ned was saying, and i agree with him 100%, the language of the constitution, of the 14th amendment, says nothing about a conviction. that is not something that should be read into that constitutional provision when it wasn't there. the founders of that position, the framers of that provision put it there. they should not be putting words into their mouths or into their pens. at the same time yes, that is what the courts are going to be there for. to determine, okay, was it an insurrection? what january six insurrection? did trump engage in? it i think the supreme court may end up deciding it does not

have enough evidence at this time to make a judgment on that. my thought is they would probably send it back down to colorado for further fact-finding so they do not have to wade into this thick it right away. >> tristan snell, edward foley, gentlemen, thank you so much. happy holidays to you both. everyone be glad if you are watching this from home. the situation out there involving planes, trains, and automobiles is a doozy. get a light scent that lasts with no heavy perfumes or dyes. ( ♪ ♪ )

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i hope you enjoy these amazing gifts. oh my goodness. oh, you guys. i know you like wrestling, so we got you some vip tickets. you have made an impact. so have you. for you guys to be out here doing something like this, two days until christmas! it restores a lot of faith in humanity. today is the final push for millions of people to get to where they are going in time for the holidays. giving you a live look at l.a.x. there on the left, look at that busy horseshoe, after busy today! then there is hartsfield, jackson in atlanta. a steady stream of planes coming and going. look, one is taking off right now. we are covering the rush for you from the roadways to the skies. nbc's jesse kirsch is that

chicago's o'hare international airport. marissa power as along the florida turnpike for us. welcome to you both. let's start with you, marissa, on this. how busy other roads on this day before christmas eve? >> good morning, good afternoon. we have been watching the roads, not just here on the grounds at the florida turnpike what we have also been watching the roads on google maps, keeping a bird's-eye view across the country. i have seen significantly more red and yellow over the last couple of hours, that is in keeping with what aaa says it's a busy time. on the west coast it is looking good. we did compile a list of the worst times to travel, that includes today. according to aaa, the worst time 11 am to seven pm today. next thursday, from two pm to eight pm. travel outside of that, especially sunday, monday will be better for obvious reasons. let's talk about gas. the good news is, the national average on gas prices is about the same as last year. finally we will see record-breaking travel in some states, like florida. we are expecting a record number of holiday travelers

taking to the roads. they are expecting about 6 million, that is an all-time high here. remember, if you are taking to the roads you will not be the only ones. pack your patience, pack extra podcast or to, especially in the cities of denver, minneapolis, and washington d.c.. i hate to break it to you, but that is where aaa says the worst traffic is going to be. remember, it could be worse. you could be waiting through lines that tsa security. at least you're doing it from the comfort of your own car. right, alex? >> i guess so. [laughs] wow, what a lead into jessie garage. thank you very much. as we know, he is right there covering the airwaves for us in chicago this time. jesse, welcome. what is looking like there? >> colin, alex. which is good news. earlier we have the morning rush. you can see the lines are pretty quiet now. you can seen, people are taking more time going through the check-in process then going through security. looking up at the board, five minutes for pre-check, ten minutes if you're going through

the regular security screening. that is good news. if you are traveling more later in the week, we are not out of the woods fully yet. the tsa is projecting 2.5 million-plus passengers will go through screening checkpoints on both friday and again on new year's day. brace for that possibility if you are traveling at the end of the holiday break. a couple of tips to keep in mind if you are heading to the airport. fit off, give yourself plenty time. get the early. especially, of course, if you are checking. make sure you have the right kind of a deal with you. if you are traveling with gifts, make sure they're unwrapped in case they need to be inspected. one more pro tip, alex, if you are getting a snow globe and you are traveling with it put that in your checked bags. the food rules still apply, even if it is a winter wonderland. alex, back to you. >> a snow globe, really? that is interesting. >> oh because of the liquid! >> it's over the limit, it doesn't matter if it's in a snow globe.

you gotta have it in your check bank. >> news you can use. and i know that one. thank you very much, jesse. rocky mountain high. opponents of the former president got some news this week they have been hoping to hear. defending the indefensible. donald trump's rationale for repeating hateful rhetoric.

drizly. we are backa look at several of donald trump's legal developments. special counsel, jack smith, facing a setback out of the supreme court on friday

declined his request to fast-track a decision on whether trump is immune from federal prosecution of crimes while committed in office. that decision coming just hours after a report that trump pressured to michigan election canvassers not to certify the results of the 2020 election. this all coming after this week's block buster decision following the colorado supreme court barring trump from the states republican primary ballot. joining me now is writer at large and a bulwark of msnbc political analyst. a good friend of ours, tim miller. tim, welcome. you are a staunch opponent to a second trump term. but, what about the merits of this colorado ruling? does your understanding of the or insurrection clause of the 14th amendment disqualify him from office without having been charged or convicted of that specific crime? and what are the chances that the conservative leaning supreme court would surprise us and uphold the ruling?

>> hello, alex. and merry christmas. a big questions there. look, my understanding of the 14th amendment is it does not need him to be convicted for insurrection. i think an analyst i was listening to you gave a good analogy for this. with jefferson davis, who led the confederate army. haven't gotten popular in the in suing years. and in have reality shows, i guess he got popular some of the way. he decided to run for president in 1870. six he would've been pretty clear he would not even eligible to run, despite the fact that he had not been convicted. they decided not, lincoln decided not to charge a lot of the confederate leaders in the name of -- it could still apply to trump. that is a democratic supreme court in colorado. all seven appointees were from democrats. it was split 4 to 3. it was a close call. that does not give me a lot of hope that a 63 republican supreme court would come to the same conclusion.

i'm hoping for any pleasant surprise to my stock in this year. hope dies last. but my analysis is it is not particularly likely that the supreme court is going to agree with colorado decision. >> some say that this decision could backfire and could actually help reelect trump. you know colorado, you grew up there. it is not a critical swing state that trump need to flip. some observers predict independent voters are going to interpret this whole decision as proof of a biased system. and the far-right claims of a conspiracy to keep trump out of office, especially the supreme court ultimately strike down the ruling, which is something you fear could happen. how might this influence voters who are still on the fence? >>, there are two different types of voters on the fence, right? the primary electorate. i think it is pretty unambiguous at this point the these new cycles help trump with the primary electorate. does that have to be the case? i don't know.

i am skeptical of that. i think if they had rhonda santas or nikki haley and if they had run stronger campaigns about all the risks that trump poses to the former party's nominee than maybe they could've won over some of these voters. it seems like every time there's bad news cycle for trump, they're speaking from his hand bork. if you look at some of the voters, made me on the fence between voting for trump in the primary or voting for someone else, it probably helps him in the primary. in the general election i'm not so sure about that. i think that there is a vast, maybe not vast, let me restate that. i think there is a very important swing vote of college educated, former republican voters. people who voted for mitt romney. the same people in georgia, i would like to think of the people in georgia who voted for brian kemp for governor, who voted against herschel walker, who voted for raphaël warnock for senate. i think those people look at things like this and it does alarm them, it does worry them.

having the nominee of their former party, having four indictments. maybe being disqualified in the constitution. having him say, the constitution doesn't matter. i think it could hurt him with some voters. i think the pundits are saying, i rejectthat in the context of the general election. >> speaking of the trump tt he referred to, on another angle, he continues to spout his reprehensible rhetoric. immigrants are poisoning the blood of the country. now there is a produced video on truth social. he intends to keep doing it, saying it is a great line. what is your sense of how swing voters are gonna interpret this hateful messaging? what endorses him to repeat it? because of all the attention? >> he likes making people on this network mad. he likes making liberals mad. i think he gets a rise out of that. i think that is part of what it is. i will tell you this, i was at a far-right maga conference

last weekend covering it -- a usa conference, i asked people there about this rhetoric. a lot of them hadn't heard it. a lot of them hadn't -- sometimes they will watch his speeches, but there is no outrage coverage on fox, there is no outrage coverage on newsmax or the conservative media that they watch. i think trump feels like he can get the best of both worlds. among his base they are riled up, if they happen to be in the audience, if they happen to see it. they don't feel the backlash among his own voters. i think that is why he keeps doing it. is there one specific crazy trump quote that is going to be the silver bullet that brings all swing voters abide inside? no. i think the preponderance of things, if you add on top all the indictments, the bigoted, hateful, not see adjacent rhetoric, all of this is just one more reason to push some of those former republican voters, hopefully, into the other column when push comes to

shove. >> what is crazy about all of this hateful rhetoric, they talk about it couched in the liberal versus conservative, i put it in the category of decent versus not decent. let's move on. you mentioned what you were doing last weekend in phoenix. you are there for the pro trump student you, turning point usa. while you broadcasted outside you were heckled by trump allies, steve bannon. posting a video on your retort on social media. it didn't go over so well with the crowd. let's take a listen to it. >> give it up for tim heller. >> give it up for a legitimate president, joe biden. usa! usa! usa! >> that is bold. look, that group used to be focused on conservative outreach and colleges. and has gained considerable influence in the party while

promoting the maga style white grievance. what kind of conversations that you have with white conservatives? what did you learn? >> i didn't know you were gonna play that, that's funny. my usa chant i tried to start their. i thought the great patriots would go along with the usa chant, i guess not. here is what i found that i thought was most interesting among the younger voter said. the issues that they care about are very different than the issues when i was going to college republican type things 20 years ago. i think that is important to understand. they're using a conservative what is it mean to the people who are employing that ideology? those who use that word. when i talk to people there what they care about is strong immigration, basically no immigration. they oppose immigration on all counts. obviously illegal immigration. they want to bring back from foreign entanglement. they are against helping ukraine, even israel s'more

against helping israel. that was about 50 50. all of the gender, race, what they were called woke stuff on campus. those are the issues that tax them. it's not the tax cut, not the strong military, small government, bush era republican party. these young conservatives, young populists what everyone called and have really embraced the donald trump ideological platform. i think that is here to stay within the party. >> pretty extraordinary. the fact is history to tell us we are a country of immigrants. anyway. good to see you, tim. happy holidays to you, my friend. first came colorado, what about california? my next guest says some ideas about the donald trump ballot ban next. ballo ban next what is — wow! sinex. breathe. ahhhhhh! 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!

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woman: [non-english speech] spokesman: let's cure childhood cancer together. u.s. officials head to mexico next week hoping the president will help solve the crisis at our southern border. president biden sending secretary of state, antony blinken, secretary of homeland

security, alejandro mayorkas, and liz shubert randall for a meeting with mexican president manuel open a door. cnn's bct tsirkin is joining us from washington. what is the biden administration hoping to get from this meeting? >> this all stemmed from a phone call the president had with mexico's president thursday evening. he's deploying his top diplomat, antony blinken, and his border chief, alejandro mayorkas, with me with mexico's president next they can form a partnership a better partnership between the u.s. and mexico to try to try to stem this border crisis that the record high numbers that have b exasperated over the few weeks you can see it on your screen. every single day this week it has reached new record numbers averaging 10,000 illegal border crossings per day. that includes areas texas and arizona. this all c after speaker mike johnson in the house sent that letter to president biden demanding that he put in place executive actions at the

border. some of those actions completely untenable to democrats. that includes the remain in mexico policy, resuming for construction of the border wall, provisions that were under former president trump the democrats in the senate refused to take up. they call them in unimaginably cruel, as well. this comes as sources tell me the senate negotiators, ones that were in the room with alejandro mayorkas lacks week before they left break, are continuing to me and continuing to negotiate behind closed doors, virtually, over the holidays to see if they can come to some kind of deal to both stem the flow of migrants along the southern border, but also to deal with the crisis on hand in the u.s. to try to reform the immigration system. something congress has not been able to find consensus in for nearly four decades, alex. >> it has been such a huge long time issue. let's see what they can come up with on wednesday. >> joining me now california congresswoman robert garcia as well as homeland security oversight and accountability

committee. welcome sir. when it comes to the border, what are the biggest hurdles in solving the seemingly endless issue? >> i think, first, what is really important is we are not linking border policy or ways to support and ensure we have an asylum process that works with foreign aid or humanitarian aid. the process right now i think republicans are trying to force and link ukraine aid with border reform. i think that is really shameful and unfortunate. as an immigrant myself, i know the immigration process works. as you said earlier, this is a country of immigrants. the way to get this done is for us to come together with bipartisan support. democrats and republicans want border security. we have also proposed numerous ways of getting that done. it is about work programs. it is venturing there is enough legal attorneys on the ground to get people through the asylum system. it is about bringing technology and ensuring that the board is secure. it is about supporting the deputies and the nonprofits that are on the ground. there are a lot of solutions.

unfortunately, republicans today in the house, especially, and donald trump, all they want to do is demonize immigrants. demonize asylum seekers. essentially moving us backwards in our process and forget that immigrants are a large part of why the country is so incredible. they have welcomed people like myself and our families. we are encouraging negotiators to separate and de-linkthese. to let's get forney done and let's focus on immigration as a house in the subcommittee. >> a border deal is still up in the air after the senate left for the holidays without an agreement. what do progressive someone when negotiations resume? how long before a finalized deal? is it presumptive to assume the there will be one? >> as a member of the progressive caucus and also an immigrant i speak very forcefully to say that we should not be linking any sort of border policy with flooding. we have been very clear that there is going to be discussions about immigration reform in border policy.

those of us who are working, particularly in the hispanic caucus in the progressive caucus, should be at the table and be a part of those conversations. we have had conversations with the white house. the white house is very clear and what our position is. what we don't want to see is, essentially, extreme border policy that, essentially, donald trump would like to see inserted in any way into this deal. we think the white house and the biden administration understand that. we are pushing really hard. what we would like to see is a broad immigration reform package coming together in the house. it has been 30 years since there has been almmigration policy passe through the doors. let's switch gears here the tenant governor of ate, california, calling on local issue to explore every possible option that would remove donald trump from the upcoming presidential primary ballot. that reqst just a day ter the colorado supreme court ruled the trump would not be on their primary about based on the 14th amendment, which

disqualifies anyone who has engaged in an insurrection. do you think california should move forward on this? >> i think the most important thing is we can all recognize that donald trump himself, essentially, tried to overthrow our election. he led an insurrection on our capitol. he is a con man. he's going to be convicted of serious crimes. let's be clear about who donald trump. is he is and has supported insurrection against our government. as it relates to the court cases, i think we should wait and see what the process is going to look like. i would rather rest just focus and ensure that we defeat donald trump at the ballot box. i think we will hear from the supreme court. i think we will wait and see what the process looks. like the focus needs to be on the fact that donald trump is republican nominee.t we need to do everything we can to defeat him at the ballot >> the mascot quake western on the israel-hamas war. on friday, the united nations security council approved a relation demanding the humanitarian pause in the

israel-hamas war. 13 nations voted in favor with the u.s. abstaining instead of using its veto to shut down the resolution. russia also abstained. what effect will this have? >> i think it's important that the u.n. stand for human rights, it's stand for ensuring that people around the world are safe. as it relates to united states, i'm glad that the resolution went through. i think the united states had some issues with the resolution not condemning hamas in particular. that has been the position of the administration. the more we can do to get humanitarian aid into gaza, to ensure that the bombing stops, we finally get to a place where we can actually help the people of palestine, i think that that is really, really, critical. i think this is a shift. israel itself is changing its methods. i along with many others have called for a lasting cease-fire many weeks ago. ensuring that they have all of these hostages released. all of these efforts are really

important. i hope the united states can work with our international partners and begin the real work of rebuilding gaza. it is going to take enormous effort to support the palestinian people. they should be free of hamas. that work starts today. >> rebuilding, that is pressure. congressman robert garcia, good to see. thank you so much. happy holidays. a new -- for the biden campaign this is a lot. that is next.

now to decision 2024, reaction today to a new biden campaign memo, the campaign of letting it strategy to focus on warning voters about the threat donald trump poses to democracy. nbc reporter nominee a kwan do has more from us from atlanta. welcome. i know that we heard from congressman jim clyburn about all of this earlier today. tell us what he said. >> well, the message you're hearing from congress by clyburn is when you can expect the biden campaign and it surrogates to employ on the

trail next year it's when that frames the upcoming race as larger than a battle between two candidates with put different platforms and one that is really more representative of a larger existential battle over the state of our democracy. with the biden campaign, in that memo, using trump's remark that he beat a dictator on day one. as proof of the threat they say he poses to our democracy take a listen to what congressman clyburn had to say on that point earlier today. >> i had to move leave very starkly, that this democracy is at risk. just as it was in the civil war. we were in peril then, will overcome it now. this is a contest of ideology moving forward. this country remains a democracy or will be allied allowed into an autocracy as some people seem to be heading. i do feel that this contest