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tv   The Katie Phang Show  MSNBC  February 3, 2024 9:00am-10:00am PST

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place where everyone has contributed to the birth of this country and the building of this country, it's our responsibility, really, to ensure that the tourism efforts that we do attract people of all cultures and all ethnicities here. >> as i often say on the, show i'm thankful for both owners. they've made us much more creative and understand the importance of holding on to our books and making sure others get them as well. angela, thank you so much. angela val is the president and ceo of his availability a. that does it for me. thank you for watching, i will be back here at four pm today, as we continue to cover the u.s. strikes against iranian-backed forces in the middle east, and of course, you can catch me back here tomorrow morning from 10 am to noon eastern, and don't
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i'm katie phang, live from telemundo studios in miami florida. here is the week that was. >> it's nothing. we don't need to be afraid of him. he can be knocked down. >> we don't have the tele-strip on our side. you know we have? we have kid rock, we have ten new. jim >> i'm always gonna try to talk to a lot of people and see how they are doing. >> and we really gonna have, in this country, to eight year olds running for president? it is a fact that when you are there age, you have mental decline. i don't care who you are. >> i have not used any federal tax dollars for personal security services. >> impeachment of secretary mayorkas is a baseless political stunt by extreme maga republicans. >> have you ever been a member of the chinese communist party? >> senator, i am singaporean, no. >> have you ever been associated with the chinese
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communist party? >> no, senator. i'm singaporean, again. >> would you like now to apologize to the members who have been harmed -- >> i thank you so much for your words of comfort. especially as a parent who has experienced it. knowing that you made it through, i know we can make it through, as well. i appreciate your words. >> you just hang on to each other. if you harm an american, we will respond. president joe biden issuing a stark warning following the united states air strikes on more than 85 targets in syria and iraq. we are bringing you up to speed on the latest news out of the middle east. a good saturday to you all. i'm katie phang. it is 12 pm eastern here on the east coast and eight pm in the middle east. as night falls the world is
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bracing for a potential counterattack following the 85 u.s. air strikes that hit seven locations along the syria iraq border, targeting command and control operations, intelligence centers, weapons facilities, and supply lines. it strikes for an example of american military precision and by. long-range p1 bombers that took off from texas of the more than 6000 miles, refuelling in midair. over 125 precision guided munitions dropped on specified targets. minimal civilian casualties. the stakes are in direct retaliation for the three u.s. troops killed in a drone attack in jordan near the syria border. a 46-year-old sergeant william rivers. 24-year-old sergeant kennedy sanders. and 23 year old sergeant breonna moffatt. president biden making clear that while the united states does not seek conflict with iran, this is just the
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beginning. we begin today's show in iraq with nbc news chief international correspondent, keir simmons. i know you've been reporting all day from the region. we are entering into the night. what have you've been hearing there? is there any sign of potential retaliation from iran or their proxies? >> there are threats of that, katie. there are reports of that. of u.s. bases being targeted. not confirmed by nbc news. we won't get into the detail of those reports but what i can tell you is we have been piecing together the impact of these strikes here in iraq and also in eastern syria. in eastern syria the syrian observatory for human rights, which is a group that has monitored syria for a long time, says 26 sites were targeted. 23 pro iranian-backed militia were killed.
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and here in iraq at anbar province, they report, the iraqi's report, 16 killed and 36 injured. substantial casualties but perhaps not as many as you like had there not had been had this not been signaled so thoroughly over many, many, days. what there is now are multiple controversies, arguments, rows if you like. blowing up around exactly what happens. the iraqi government furiously saying that it was not warned about these strikes, of course, taking place on its territory. our elijah mitchell reporting from senior administration officials that a warning was given. but it was late notice. of course, it just highlights one of the town to the law of this. the iraqi government is both a partner of the u.s. and also a
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partner of iran. any message sent to baghdad would've been funneled through to iran. that is one of the difficult calculations the biden administration would've had to have made. in terms of the question you asked. the reaction and the potential implications. in number of groups within the islamic resistance, the umbrella group as it is called, making angry rhetorical statements. hezbollah saying america will see days the likes of which they haven't seen throughout history. another group, we have surprises that will anger the enemy and please the friend. jordan saying, through the jordanian news agency, despite reports that it was not involved in the strikes, a small group within the islamic resistance of iraq saying that any country these jets come from will be a target. a small group but a highlights
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one of the concerns, one of the risks here. which is the spread of the conflict that has already been emanating, the catalyst if you like, from gaza. >> nbc news chief international correspondent, keir simmons, thank you so much rain started. i appreciate you. turning now back to the united states. back to nbc white house correspondent, allie raffa. ali, what are you hearing from the biden administration about this attack? >> katie, the white house notably quiet throughout the morning when asked about responses to, not just the strike, but as you heard here mentioned, the initial reaction from major players in this region to the strengths. notably we did see the president, for the first time since these cracks were conducted, just a few minutes ago. he made a stop at his campaign headquarters. he did deliver some remarks. but he notably did not mention
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the strikes. perhaps unsurprisingly as we know officials are still working on gathering more information about these targets. gathering damage assessments. we know that is something white house officials had said to reporters on a call last night after the strikes were conducted. saying they feel very confident about the precision of these targets having waited days to be able to conduct this strike. because of the weather conditions in the area. they say today would give them a better sense, a better picture of what damage was done. that could help dictate what steps could be next. they made very clear last night that what they saw was just the first phase of this campaign of a response. the president, in a statement himself, saying the u.s. response would continue, quote, at times and places of our choosing. notably times and places using the plural form of that. the big question now is really
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what those times and places could be. how these regional actors are going to respond, if they do, to these attacks. u.s. officials have been very careful not to signal what specifically we could expect to see next. they have set some expectations as far as the methods we could see. potentially cyberattacks targeting communication and coordination of these groups. we could potentially see these targeted areas where these iranian-backed militias are based. all of this factoring into the white house and biden administrations next steps here as we await what the steps could be, katie. >> nbc white house correspondent, allie raffa, thank you so much. joining me now, former deputy commander of united states european command an nbc military analyst, retired general, steph treaty. general tweety, it is always an honor to have you on the show. let's speak about the strategic military response that we saw from the united states.
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i know that this may be a tiered response, general. we may be seeing more action done by the u.s.. what is your response to the fact that we had minimal casualties to civilians, and they were able to target as many as 85 targets? >> a couple of things there, katie. first of all, good to be on the show again. as you can see by the targets, this is in direct response to our u.s. army soldiers that were killed. the target package focused on those particular targets. they went after hezbollah. those intelligence driven fell that they were the culprits of this. they went after islamic resistance in iraq, as well. responsible, as well. and also went after iran quds forces. just so you know the iran quds
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forces are those special operating forces out of iran that are responsible for training, aiding, and assisting these proxy forces. with the precision guided munitions able to stay focused on the proper targets. the command and control centers. the support centers. the intelligence centers. the launch capability. focus more on the capacity and capabilities of these proxies van on harming innocent civilians. therefore, using these precision guided munitions, the casualty rates were extremely low. >> general twitty one of the biggest concerns on everyone's mind is the idea of this actually expanding into a much larger conflict region. let's speak frankly, it is not as if this hasn't been something that have been on the u.s.'s radar in terms of the fact that there has been
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problems with the houthis from yemen in the red sea. we've seen what has happened with israel, in fact, when it comes to hezbollah on the border with lebanon. is there a valid concern that this might be a much bigger issue? >> absolutely. and this is the world that we, the u.s., are walking right now. as we conduct these strikes, we know that more strikes are coming. as we, the u.s., look at our target list here we are trying to ensure that we can still accomplish the mission of deterrence and keep these proxy groups from attacking our soldiers, and our interests. also trying to ensure that we do not tip this over into a conflict with iran, or create further instability within the region. a huge tiro. i'm sure when we take an
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assessment of the damage that was done, from the recent attacks, there will be strikes. but there are going to be other targets on our target list that we are going to go after. those proxy groups that we know that were retaliating. we probably have intelligence at this point. they are going to move up on the target list. i'm sure that there will be other things that will move up, as well. we will attack them from a command standpoint, and we bring a multi dimensional approach using cyber electronic warfare and other means to ensure that our interests and our soldiers are protected in the region. >> retired lieutenant general, steph twitty. thank you so much for being here. still to come on the katie phang show. delay, delay, delay. the d.c. judge presiding over donald trump's election interference trial puts the trial on hold for now.
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i will cut through the conspiracy theories and we will explain why. plus, heading to the polls. carolina voters casting their ballots today in the first democratic presidential primary in 2024. we are live on the ground with the latest. much more to come on the katie phang show. stay with us. with us. ltaren s a clinically proven arthritis pain relief gel, which penetrates deep to target the source of pain with nonsteroidal anti-inflammatory medicine directly at the source. voltaren, the joy of movement. my frequent heartburn had me taking antacid after antacid all day long but with prilosec otc just one pill a day blocks heartburn for a full 24 hours. for one and done heartburn relief, prilosec otc. one pill a day, 24 hours, zero heartburn. ♪ for one and ♪one heartburn relief, prilosec otc.
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we are continuing to follow the latest out of the middle east as iran's foreign ministry, in a statement, called the u.s. strikes on syria and iraq a, quote, strategic mistake that would only increased tension and instability in the reason. joining me now is joshua ali, former spokesperson for the next mission in former director for syria and lebanon at the nsc during the obama administration. good to see you. let's talk about what's going on. i think our viewers need to have a really good understanding of why this is all coming to a head.
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most importantly, why iran itself is using proxies to be able to wage the type of attacks and terrorist attacks that it is doing. >> you are right. very few people look at it from the 60,000 foot level but it is important to do so. this is reflective of iran's general foreign policy objectives in the region the goal is to destabilize the remains of than they can increase their influence across the middle east. at the heart of this is not a conflict between israelis and palestinians. this is a conflict about iran trying to export its influence. the shia crescent, as i'm sure you've also heard. at the heart you have a fight between sunni and shiite. i know that that simplify the law but that is what is that the heart of this. the result is they do not like the u.s. presence in the region. specifically they are to counterterrorist girds. if we are not there, they will proliferate even further and export their nefarious anti
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stabilizing behavior. that is what is at the crux of this. >> let's talk practical matters then. how does the united states keep this from escalating into something bigger? considering the fact that we have already had a united states britain response in the red sea, the southern red sea, to the attacks by the houthi rebels from yemen. a terrorist organization, iran- backed. we have, like i mentioned to general steph twitty, this issue in israel with the lebanon border when it comes to hezbollah. these are all backed terrorist organizations courtesy of iran. isn't it a whole lot of fouls leaders that there and say that iran cannot be involved in this? especially with the united states now having three service members killed? >> you are right to say that iran is 100 and involved. even if they are not ordering or executing every single attack that is taken by these iran-backed groups against military bases and outposts that are american in the region. at the end of the day, these
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iran-backed groups would not exist and would not have the capabilities if it were not for iran. iran is the one that funds them, arms them, train them. they give them intelligence capability to know where to target. at the end of the day these are juvenile, toddler, kinds of terrorist groups, or militias. they would have this capability for war for iran. you can't say that iran is not involved. that is why you saw the u.s. go after these logistical targets and locations where, yes, they are iran-backed groups. some of them are straight up from the irgc. similar from orange but from outside of iran's borders. i want to be clear here. this is an activity that was taking place before the israel gaza conflict. it worsened when that happened because for them it was an opportunity to seek legitimacy by goading the united states into a war. >> i've got about 30 seconds but i wanted to ask about this. before the airstrikes happened on friday, a lot of people
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don't know, but they were charges lodged against people who are facilitating the sale of oil to be up to help iran, as well, and other terrorist organizations. how effective are those measures? the sanctions and the criminal charges sought by the united states government? >> sanctions can be very effective. unfortunately one of the things that can tell you, having worked for sanctions for a long time in treasury, when you close one loophole these new various actors easily able to find others. it's usually like a game of whack-a-mole. they do work, they isolate them from the u.s. financial system. but by exposing who it is, what organizations a, usually vessels the, use what business people the use, it unleashes these market forces around the world. everyone says, thanks. we won't do business with them either. but it is a constant effort. he can't just sanction them and rest on your laurels. it is a constant effort to enforce them. >> hagar chemali, grateful to have you here. thank you for being here. >> after the break, legal
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limbo. why donald trump shouldn't be celebrating any delays. owen kirschner joins me next to break it all down. all down. migraine attacks, all in one. don't take if allergic to nurtec. allergic reactions can occur, even days after using. most common side effects were nausea, indigestion, and stomach pain. ask about nurtec odt. 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 to make clothes softer, fresher, and better. downy. breathe life into your laundry. i'm jonathan lawson, here to tell you about life insurance and better. through the colonial penn program. if you're age 50 to 85 and looking to buy life insurance on a fixed budget, remember the three p's. what are the three p's? the three p's of life insurance on a fixed budget are price, price, and price. a price you can afford, a price that can't increase, and a price that fits your budget.
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sinex. breathe. ahhhhhh! donald trump, the twice impeached quadruple indicted decreased ex president has made it clear that his goal isn't to prove his innocence in the court of law. his soul goal is to delay. yesterday he got his wish, for. now judge tanya chutkan postponed indefinitely the march 4th election interference case writing, quote, the court will set a new schedule if and when the mandate is returned. never fear, the manhattan d.a. is here. a march 25th trial day right around the corner. joining me now former federal prosecutor host of the justice medic podcast an msnbc legal analyst, glenn kirschner. glenn, my friend, let's put the conspiracy theories to rest, shall we? let's talk about why the fact that the d.c. election
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interference case is not on the docket anymore is not all doom and gloom. >> it is not. donald trump's criminal trial dance card remains packed. he has at least two trials in the coming months. either which could go, in theory that could both go. we will see donald trump criminally prosecuted in the coming months in one jurisdiction, or another. i think the next court date to pay attention to, katie, is march 1st. just as you indicated the march 4th trial day in d.c. for him trying to overturn the 2020 presidential election has dropped off the calendar. that trial will now have to await resolution of the appellate issue regarding this nonsensical claim of presidential, absolute immunity. recall judge cannon in florida, that is donald trump's prosecution for unlawfully retaining classified documents,
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obstructing justice, and for violating our nation's espionage laws. she set a status hearing date, a scheduling conference day for march 1st. why? because by march 1st i think we all knew whether the march 4th trial date would go or not. technically donald trump is now freed up. not only for his manhattan district attorney prosecution, that is also an election interference case. falsifying documents to try to gain unfair advantage in the 2016 presidential election. that is scheduled for march 25th. he is freed up to go to trial on march 25th. technically he may also be freed up to go to trial down in florida on may 20th. which is when that trial is presently set for. though i think we feel like judge cannon may try to, sort of, push them down the road a little bit. >> i have mark zaid later in the show to talk about the mar- a-lago case.
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how the cipa deadlines may or may not impact that day. glenn, i'm so glad you brought up the manhattan d.a. case. i'm glad that you brought it up in the context that it is and election interference case, as well. a lot of people refer to it as a hush money case. of course, there were hush money payments made to stormy daniels. the crux of the case deals with donald trump trying to hide the fact that he made those payments in the first pace to influence the outcome of that 16 election. talk about what you think of allen weisselberg being in negotiations right now to plead guilty to perjury and whether not you think that incentivizes him to perhaps complain about his former boss. >> i think the allen weisselberg cooperation train left the station long ago. we know allen weisselberg is a crook. now we know he is a liar, as well. i say crook because he is a convicted felon for having been involved in a 15-year-long criminal scheme to defraud in
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the first degree while he was part of the trump organization. he pleaded guilty to that. he went to rikers. he went and served time for that. he came out and, katie, what did he do? it looks like he went right up on the witness stand in donald trump's new york civil fraud trial and lied. that lie would've had the effect of helping donald trump in that case. yes, we hear about allen weisselberg negotiating a guilty plea to that perjury charge. i don't see him being a viable cooperator. i would call him a ten foot pole cooperating witness, if he is a cooperating witness at all. no one wants to touch him as a witness, except for the end of a ten foot pole. >> quickly, before i have to let you go, i want to stay on that man and the a criminal case. it is a case that is grounded in documents, in the payments that were made, et cetera. it also has a star witness in michael cohen who has had his
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credibility tested. he's anxious seeing now that stuff like allen weisselberg being prosecuted for perjury actually bolsters his credibility, and his arguments. how quickly do you think that trial could take place? >> i think the march 25th trial date should stick. i see no reason why donald trump will not have his first criminal prosecution commenced on march 25th. witnesses can always line, certainly. do you know what doesn't lie? that audio recording where donald trump was caught on tape discussing the hush money payments. do you know what else doesn't lie? the reimbursement checks donald trump was writing to michael cohen to cover up the corrupt scheme. he was even writing those reimbursement checks out of the white house after he had been elected. as you say, katie, this may be a falsifying business records case. it may be a hush money case. but you have to ask yourself, why was he paying the hush money? it was to bury from the american voters deeply damaging
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information about him, his suitability to be president. he robbed us of the full value of our vote with those criminal hush money payments. i expect alvin bragg's prosecutors to characterize this as an election interference case. that is what it is. >> glenn kirschner, my friend, always good to have you here because justice matters. thank you so much. special programming note, starting next saturday you can listen to every episode of the katie phang show as a podcast for free. scan the q r code on your screen to follow now. check back next saturday afternoon to listen to the full show as a podcast. again, the katie phang show will be a podcast available next saturday, february 10th. we will be right back. will be.
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incumbent president joe biden is expected to sail to a victory in the palmetto state, especially considering his trajectory redefining rebound there in 2020. with the returns we see tonight, may provide some insight into how strong biden's coalition will be after his four years in office. joining me now live from south carolina is msnbc correspondent, tremaine lee. tremaine, it is good to see. what are you hearing from those south carolinians as biden is making his pitch for his second term? >> katie, here in south carolina you really have dueling narratives. i've been speaking with voters today, and in recent weeks, about who they are voting for, and why. many black voters say they are sticking with biden. not in the sense of the better two evils kind of things. but, practically speaking, we understand the progress that it remained. tough earned progress. we look at the other side of the aisle. donald trump does not seem liable, outwardly hostile towards their communities. they are sticking with joe biden. there is a brother narrative
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based on some realities among a smaller subset of voters. black male voters in particular. a small portion may say, you know what? i'm exploring my options. the democrats and biden are making promises. i do not believe they've kept them. i believe donald trump, even though they think what he says can be outlandish at times they believe that when he said something, he means. it we are having these two colliding forces. ultimately the vast majority of black voters who will be voting are very likely to be voting for the democrat, joe biden. what's interesting here as folks are looking to south carolina, given the diversity of the electorate. how black the electorate is, somewhat of a barometer, a bellwether, of how other black voters, especially in places home to the majority of black voters in this country, a handful of states like georgia, wisconsin, and pennsylvania. today is important because it is the first democratic primary, moved up from the last cycle. dueling narratives. black voters here are ready to
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go. >> trymaine lee, thank you for being here. we are going to tell everybody, don't forget to set your dvr to join tremaine and civil rights attorney charles coleman junior on an nbc special a look at the overlooked area of the voting bloc, black man. black men in america the road to 2024 with tremaine lee and charles coleman junior sunday night at nine pm on msnbc. joining me now for more on the 2024 race, tara setmayer. senior adviser to the lincoln project, former comms director for the gop, and resident scholar at the va center for politics. rick wilson cofounder of the lincoln project, republican media strategist, and the author of running against the double. a plot to save america from trump in democrats from themselves. i was thinking about just saying it's the tehran rick show. i'm gonna sit back and let y'all talk. but it is my show! >> it is your show! >> beauty before age, rick. tara, i'm gonna start with you.
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south carolina is the next big contest for nikki haley to try to stop trump. she is downed double digits, no big surprise, in most polls even in our own hail stated. her hail mary is a combined anti trump republicans, independents, and maybe democrats are not gonna vote in the primary today. should we expect a campaign suspension speech in the next few days from her? >> the hail mary is accurate here. she is down by a considerable amount. i do not know anyone in recent political history who has come back from a deficit like that to win their own home state. you notice she have been tamping down expectations. saying she does not need to win an order move on. i think that is probably more realistic. she comes within, let's say, ten percentage points or so, she still has a case, i think, with her donors to continue to troll trump because of the way the delegates are dispersed. when super tuesday comes, there is going to be a significant
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amount of delegates going to donald trump. the only hope that she has is if something happens with donald trump getting convicted in the case later on. she may have some delegates. there is some kind of shenanigans at the convention. but this is wish casting. let's all be honest about this. ted cruz tried it back in 2016, it didn't work out so well. the magas, the trump acolytes in the republican party that are dispersed throughout the state. they have rigged the system for him. changed a lot of the states from proportionate winners to winner-take-all for delegates so they could load of upfront for trump and make it a difficult gap to make up. she can try whatever she wants to do about what they are trying to do in south carolina, with the open primary system there -- which i am all for, by the way. i think that bleeds out the crazies. i know that democrats do not want democrats going in voting for nikki haley to try to upset
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things, operation chaos like rush limbaugh used to push back in the day. didn't really want that, it doesn't work. they really need to have a strong showing for joe biden to keep those concerns that they have that they need to alleviate can a make sure he has a strong showing. we will see what happens. she's gonna lose by a lot. [laughs] >> rick, i wanted our viewers to get a quick look at the latest lincoln project ad on trump's rhetoric. take a listen. >> we will launch a major crackdown on government leaders who collude with the fake news to deliberately weave false narratives. >> look, you cannot escape what we are watching their. it is truly what trump promises. i have to ask, is lincoln project having to take a different tact with trump in 2024 because some people just aren't getting it? >> we have an expanded range of voters who are responsive to an anti trump message, more than we did in 2020.
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in 2020, depending on the state, we mola between three and a percent of republicans and independent leaning voters could be reached and moved by our message. in the environment where we are now where trump is obviously insane, and adjudicated rapist, a guy who planned a coup over the u.s. election, he helped kill half 1 million people by fumbling covid. people get it. they understand now in a broader way. he is the guy walk around bragging that he killed roe v. wade. when a meaningful percentage of republican women are actually pro-choice. either fully pro-choice like roe v. wade pro-choice or libertarian pro-choice like, stay the heck out of my bedroom, donald. the number now we believe is between seven and 11%, depending on the state. we believe there is a larger percentage now. it is important at a key audience in america not normalize trump anymore. most of those folks in the media that treat this like a normal republican an over democrat fighting over normal
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things, it's not. one guy who is insane, in dangerous, and one guy who is old but doing a good job. >> tara, let's talk about the latest jobs report. let's talk about what joe biden is doing and doing well. blowing away market expectations with even former director of the national economic council under trump, larry could, low saying many of my conservative friends are trying to draw holes in the. you know what, folks? it is what it is. a very strong report. tara, the economy is always something that is number one when you pull voters as to what their concerns are. the most whether they are democrat or republican. that is the reality. a spectacular job support versus what republicans are peddling to their followers. >> i am so happy we are talking about the jobs report. every day that this new economic news has come out i've been tweeting at the biden campaign saying, this should be front page news. you guys should be leading everything all day with this. screaming it from the rooftops. we know how things are covered
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impacts voter behavior and the impression and attitudes of the american people. most people, they are not going to dig into the cross tabs of economic reports. they only read headlines. this kind of information, this news, needs to be blasted across all the front pages. we should be leading the networks. we are doing pretty darn good economically. not only was this a great jobs report. so much so, larry kudlow and conservative economists acknowledging it. we are also leading the world in oil production. we broke records in oil production. we have since last. year more so than with trump. their domestic oil issue that they are trying to pin on biden, that message is undercut. inflation is down to three point something percent from 9% a year ago. unproven unemployment lows, again. gas prices under $3. the biden economy is strong. they need to lead with this.
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we know that people vote on kitchen table issues. a lot of time that is what impact people every day. rick and i talk about the importance of democracy and how we need to protect that because it is so important. none of this matters if we lose it too and authoritarian fascist like donald trump. most people don't think about oh, how is my democracy today? they think about the economy. how it impacts them. i am thrilled to see the economy is moving this. way the economic indicators are usually the consumer indicators are lagged. as people start paying attention more to this, the media starts covering it with the van and verve that they should, thank you for doing it, katie, i think people will start to see that actually joe biden has been a great president. the economy is pretty good. >> rick, less than 60 seconds. people are telling me i got around. i will let you have the last word. breaking news coming out this morning. house republicans are voting on an impeachment measure for homeland security secretary, and 100 mayorkas on monday at 4:00. let it rip, rick. >> it is going to go over as
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most of their other impeachment shenanigans have gone over, like a wet far in a hot car. no one is going to care. it is going to mean nothing, do nothing, and be nothing in the end except a grotesque embarrassment for a group of people who keep digging down further to try to reach the lowest level of grotesque embarrassments. >> there is a reason why i let rick wilson have the last word. tara, rick, thank you. >> we actually do have a rick and terry show. the breakdown every thursday on our youtube channel. you guys can get more of us every week. >> there you go. there is the plug. thank you for being here, my friends. after the break, behind closed doors. what we know about that closed- door meeting this week between special counsel jack smith and judge aileen canning in the trump's classified documents case down in florida and how it may delay yet another case. that is next. is next. ♪♪
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at bombas, we're obsessed with socks. tees. and underwear. because your basic things should be your best things. one purchased equals one donated. visit bombas.com and get 20% off your first order. turning now to the latest in trump's criminal case on his mishandling of classified documents at his mar-a-lago home. earlier this week special counsel, jack smith, met with judge aileen cannon behind closed door and in an expert to hearing about the case. what we don't know the details of that meeting, key to that hearing in this case is a classified information procedures act, otherwise known as cepa. particularly section four. which allows the government to delete classified information from the discovery process. jack smith might not have the
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last word as what will be used as evidence, because donald trump wants more. joining me now is marc sayeed, national security attorney and the guy that i needed to bring on for cipa. mark, everybody lost their mind when they thought there was some ex parte going on. it seemed so bad because it was ex parte, secret, instead of. i said, look, mark you gotta calm and explain as quickly as you can. cipa, particular the section four, and why was supposed to be ex parte and behind closed doors this week. >> you are right, katie. this is a routine procedure under cipa. like you said, under section four, they put that in. this act was created in 1980 to combat what is called, gray male. a lesser form of blackmail. in essence, the example i always use, someone hijacked a plane to cuba. they are being prosecuted. they claim, look, i did it in order to embarrass the regime down there. and i did it on behest of the
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cia. there are classified documents that will reveal that they did it that way. that forces the government to either have to disclose that classified information, or reject the prosecution. i.e., grain mail the government into making a choice between release of information and the prosecution. that is exactly what the trump team is trying to do, as does everyone who is prosecuted in cases involving classified information. >> there is an upcoming hearing on the 12th and 13th. that is when the trump team gets to deal with section four of cipa. what can we expect to see in that particular hearing? >> we are waiting to see what judge cannon will do in response to this ex parte meeting with jack smith and his colleagues that if the initial determination of what information can be withheld. the trump team right now is trying to get additional information for attorneys eyes only. not for the defendants
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themselves. if the government doesn't like what judge cannon does, they can immediately appeal it up to the 11th circuit. the next round of hearings starts to go into what exactly, with specificity, the trump team believes they need for the prosecution. the reality is, there really shouldn't be any substantive classified information needed for the prosecution. this is a case about mishandling. did donald trump, as the former president of the united states, have authority to store classified, or national defense information, as the stat she actually calls it, mar-a-lago? in, obviously, unsecured bathrooms, and storage rooms. they will decide whether or not there could be substitutions, unclassified summaries. if the information, frankly, is relevant. it is a very fact specific -- i do not know, obviously, all of
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the documents that issue. what relevance do the contents have to whether or not trump was authorized to possess the records. that will be an essential question. >> mark, judge cannon is the person who was the gatekeeper of this. jack smith says, i don't want to use this particular classified information. trump says, not only should we use, it must be used. cannon kaye keeping this information. by statute and appeal can be done. talk about the ultimate impacts on the speed by which this goes to trial in may. >> of all the prosecutions that exist against the former president right now, frankly, this is the strongest substantively, evidentiary wised. this is where he is that his weakest. the defense is very, very, limited. the problem is, while i cannot impeach motive to judge cannon, the process is going slow. that is not necessarily unusual
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when you are dealing with thoughts of classified information. the government could've prosecuted many more charges. they chose a limited number of documents, presumably ones they feel that they could sacrifice if absolutely necessary. this means she decides the pace. even the process the -- almost two months to get to a hearing. if it continues at this pace it means we go beyond the election. everyone who is watching your show, if trump wins, this case is done. >> he is not going to win. they will have to wait. see if he is convicted. mark, thank you for being here. >> thanks to all of you for joining us today. you can catch me back here next saturday at noon eastern. remember to follow us at social media using the handle, at katie phang show. you can also catch us on youtube. don't go anywhere, msnbc reports with alex witt coming up now. up now.
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