>> reporter: jose, the teachers union is working on a ballot measure to bring the question of funding for the baseball stadium to the general public. >> david noriega, thank you very much. great seeing you. i appreciate it. that wraps up the hour for me. i'm jose diaz-balart. thank you for the privilege of your time. andrea mitchell picks up with more news right now. right now on "andrea mitchell reports," no criminal charges against president biden for mishandling classified documents. the special counsel delivers a political gut punch by spotlighting the president's ge and alleging memory losses, prompting the white house to schedule a rebuttal in primetime. >> i'm an elderly man. i know what i'm doing. my memory is fine.

my memory -- look at what i have done since i've been president. >> facing criminal charges in his classified documents case, donald trump with no major challengers celebrates a victory in the nevada caucuses last night and enjoys the supreme court's skepticism about the ballot challenge to him in colorado. >> i think they had a very, very interesting day and a very beautiful day. beautiful sight to watch. >> former cia director and defense secretary leon panetta will join me for his take on the classified documents. the struggle over aid to ukraine, as well as the rift between the white house and prime minister netanyahu. good day, everyone. i'm andrea mitchell in washington. president biden will not face charges for mishandling classified documents. the special counsel's report delivered a major political blow, intention aleally or not,

focusing on his hazy memory. in a press conference last night, a furious mr. biden lashed out at the special counsel for his assessment. the report explains in part, he did not think he could win a guilty verdict from a jury that would see mr. biden as, quote, his words now, a well-meaning elderly man with a poor memory and diminished faculties in advancing age, closed quote. the president was outraged by the special counsel, claiming that he could not even remember when his son died. >> there was reference that i don't remember when my son died. how in the hell dare he raise that? it wasn't any of their damn business. i don't need anyone to remind me of when he passed away. >> the president blames aides

for mistakes when it shows how the documents were improperly stored. he kept the papers about afghanistan, marked classified, according to the special counsel, and notebooks implicating intelligence sources and methods. the report did note major differences in how joe biden and donald trump mishandled classified materials. mr. biden alerting authorities immediately and turning the documents over, while mr. trump was, quote, given multiple chances but was charged with allegedly obstructing justice for refusing to turn the documents in, hiding them during an fbi search his home after a subpoena, and allegedly enlisting others to destroy evidence and lie about it. joining us now, nbc news justice and intelligence correspondent ken dilanian and mike memoli and paul charlton. the report ordered by merrick

garland and presumably because documents were found there, documents in mike pence's home as well after he left office. keeping an even playing field, in response to charges from donald trump. >> right. mike pence did not merit a special counsel. joe biden did. i think we know from this report why. it wasn't just that these documents were mislaid by accident. what this report found is that then vice president biden took classified documents related to the debate he was having over the afghan surge back in 2009. he wanted to document for history that he was right in his view about that. he took these documents to his home. he knew this report says back six years in 2017 that they were there. this was a home in virginia at the time. he was captured on tape speaking to a ghost writer saying, i found these classified documents. the report says he transmitted classified information to the

ghost writer. it says that was evidence of willful retention, which is a crime. then it goes on to say that he didn't think he could win a conviction because mr. biden said he didn't remember that he had found those classified documents in 2017 and didn't report that to the fbi. he found that was credible because there's a history of mr. biden suffering memory lapses. he cited some examples from his five-hour interview. that's where he is getting into controversy, because in painting this picture of a president with a faulty memory, he is being accused of being gratuitous. >> that is exactly why he is getting into controversy here. let me bring in paul charlton, an attorney and former prosecutor. the argument here is that in two days of five hours voluntary testimony, any defense lawyer would tell their client, if you don't know and can't remember specifically, say i don't recall. that is standard practice.

a lot of this went back years. it was not the business of this special counsel to say why he -- it was his business to say why he was not indicting, but not go into the detail which does sound gratuitous to a lot of people, including the white house. we will get to mike memoli in a moment about that. about faulty memory and elderly man and how a jury would view him. it sounded too subjective, frankly. >> it may be important to take a step back and do some prosecution in white collar cases and white collar defense 101. it's extraordinarily rare that a defense attorney would allow any client to sit in front of fbi agents and a prosecutor and talk to those individuals for two days. the fact that it occurred here is extraordinary. in fact, it's one of the

material distinctions that the special counsel pointed out between former president trump and president biden. it reflects a true confidence in mr. biden's attorneys that president biden was an innocent person. you begin with that. you begin with the idea that even talking to prosecutors is rare. it's extraordinary. it reflects a great deal of confidence that both president biden and his lawyers didn't believe that he had done anything wrong. the second piece is this. u.s. attorneys offices, the department of justice, make decisions, decide not to go forward with a prosecution every day in the country. the difference is, you don't see those. you don't see them for the very reason that we have here. that is that every single report is going to have uncomfortable facts about a case but will reflect a case that shouldn't go forward.

it is in some way appropriate that a prosecutor would describe the reasons he is not going to go forward. it reflects a prosecutor who has had experience in front of a jury to say, i don't think we could win this case. but this is a case in which those decisions, those factors, are made very public. >> let me ask you one more thing about that. could he have just said, i don't think we can win this case, and the justice department has a rule if you don't think you can win, you don't indict, that's for everyone, not just a sitting or former president. but did he have to go into his analysis of the faulty memory, which might have been based on the president just saying, i don't recall. >> in every single case involving an ordinary american citizen, that is exactly the process. in fact, you would never know any of the reasons. you would simply know the case is not going forward. to share the details of that

decision making process is quite unusual and may only have to do with the fact that this was a special counsel and a sitting president of the united states. >> mike memoli, that brings me to you and the furious response. is it warranted in the way they responded? just describe the calculation for putting him out there. he has not been answering questions very often. >> that's right. we have covered president biden, vice president biden, senator biden quite a bit over the years. we have seen that unscripted, that familiar style that he brings to public life. we have seen when his aides want to harness that, showcase that for political reasons, and when they want to guard against it. last night was an example of when the white house felt they needed to harness that. they needed to get back on the offense with the president himself flashing that anger, especially about his answer about his son and when he died.

i just was in delaware a few months ago on the anniversary. we saw over the weekend president biden visiting his son's grave on what would have been his birthday. president biden was fuming about this. they had days to digest the report. we know the white house was extremely frustrated with the special counsel, because when they had the opportunity to respond before this report went public, the first points that were made by the special counsel -- excuse me the white house counsel was about what they felt were extraneous and unnecessary comments. as far as how the white house now proceeds, will we see the president taking questions today when he is with the german chancellor? his comments about other world leaders have been part of what fed into this idea about his memory classes. it was interesting to see who the biden campaign put out on a call of gun violence. john fetterman of pennsylvania who won a close election with his own physical issues and

frost, one of the youngest members, both of them pushed back saying this report was -- went beyond what it should have. >> this feeds into a problem in the polling, where 76% of those polled are concerned about his age. fewer concerned about donald trump's age, who when he is not on teleprompter, we are not addressing that. the white house would point that out. the extent to which things that don't make sense and confusing nancy pelosi and nikki haley. >> another flash of anger that's coming more public today is from the biden campaign and the white house. they feel we in the media do not do enough job of holding up what the former president does and says on a regular basis in the same way we are with president biden. they are trying to do it through the campaign. they want to see us do it more

in our coverage of the race. >> i can understand the basic point of fairness, especially after what happened in 2016 when there was a real argument that that's what happened to hillary clinton. mike memoli, ken dilanian, of course, our colleague, our friend, contributor paul charlton, thank you very much. it's classified. the special counsel clearing the president of criminal charges as we have been reporting. setting off that political firestorm with what he said. leon panetta joins us next on that and a lot more when "andrea mitchell reports." we will be back in 60 seconds. stay with us. and getting back on the apps. ha ha ha. variants are out there... and i have mouths to feed. big show coming up, so we got ours and that blue bandage? never goes out of style. i prioritize my health... also, the line was short. didn't get a covid-19 shot in the fall? there's still time. book online or go to

your local pharmacy. (vo) if you have graves' disease, your eye symptoms could mean something more. book online or go to that gritty feeling can't be brushed away. even a little blurry vision can distort things. and something serious may be behind those itchy eyes. up to 50% of people with graves' could develop a different condition called thyroid eye disease, which should be treated by a different doctor. see an expert. find a t-e-d eye specialist at isitted.com president biden's mishandling the classified documents was not criminal. he will not be indicted, according to the special counsel investigating the documents found in his home and office. but it does raise serious questions, because he took documents home on afghanistan. that's one of the many reasons i wanted to talk to leon panetta,

former secretary of defense and cia director in the obama administration. former white house chief of staff for president clinton. had to deal with special prosecutors, different law, same result, a white house under siege when you were chief of staff. good to see you. >> good to be with you. >> this report finds that president biden, quote, willfully retain and disclosed classified materials after his vice presidency, something the president denied last night, including to his ghost writer who never had security clearance. you have dealt with classified documents. these were on afghanistan. we know and i think you might have some insight into this that he says very clearly that he was almost alone in the administration where he was pushing back against president obama's policy on afghanistan

and that led to a book from bob gates criticizing biden on this policy. can you help us with this? >> there's no question that joe biden obviously opposed providing additional forces in afghanistan and was always concerned about the direction of that war. obviously, some of these notes played into his ability to kind of be able to document his position at that time. you know, in the end, i think the most important thing here is that he was not charged by the justice department. even though some of the comments that were used are not helpful, i think the most important thing right now for the president and the white house is to move on. you are dealing with too much in the country right now, dealing with the congress, dealing with foreign affairs issues.

you gotta continue to focus on what's important to this country. that, i think, is what the white house and the president ought to be focusing on. >> were you aware at the time -- as he apparently was thinking about even quitting over this issue, quitting as vice president of the united states. >> i was not aware of that, because the president was very loyal to president obama. we sat in a lot of national security meetings. the vice president at that time was always pretty clear about his views. but i also felt that he was very loyal to the president and to whatever decisions the president made. >> i want to talk about the middle east. president biden used tough words to criticize israel's response, particularly aimed at benjamin netanyahu.

can you talk to me about that? the rift you are seeing, we are seeing. it was apparent with secretary blinken on his last trip where he emphasized very different priorities, the hostages, limiting the war, limiting civilian casualties, not destroying hamas. there are credible reports that a number of the generals are very concerned that that goal is not even achievable and that it's in direct conflict with getting the hostages out safely. >> well, for those of us who dealt with netanyahu, he is pretty much following the script that he always follows, which is to be tough, to be obstinate, to make clear that he is in charge. at the same time, very frankly, he knows that politically in israel, he cannot just stand back and not deal with the hostage issue.

there's tremendous pressure on him to focus on the hostage issue. the only way he is going to get there is by ultimately cutting a deal here that provides for some kind of cease-fire, that provides for the return of the hostages, probably exchange of prisoners, and that provides for humanitarian aid going in. i know he is posturing right now. i know he is saying the things that want to make him look tough to his people and to the world. but the bottom line is that he has nowhere to go but ultimately agreeing to some kind of deal that relates to the hostages. >> in terms of the relationship with israel though, he is doing something that's very -- that's not posturing, because he is pushing forward into rafah where people have been displaced -- displaced people have been jammed together in that southern

part near the crossing to egypt. pushing forward with air strikes overnight. now with plans, we are told, to actually go in and have a ground offensive there. something the u.s. is against. >> yeah. it's again, i think, the kind of decisions that he makes that often times really undermine, frankly, his case to the world for what he is trying to do. the focus here is on destroying the leadership of hamas, period. he is not going to destroy all of hamas. he is not going to achieve some kind of huge victory in which all of hamas will suddenly go away. that's just not going to happen. this is about going after the leadership of hamas. that's going to take a long time. it's going to take, frankly,

some targeted operations. it isn't going to take the operations where you just continue to blow up towns in gaza. ultimately, he has to get to that point. the reality is the leadership of hamas may not just be in the tunnels in gaza. they will be all over the middle east. he is going to have to take years to go after that kind of leadership. at some point the reality of what we are dealing with is going to come home to roost for netanyahu. >> what are the implications for the united states and for this administration? >> i think the united states -- i think what secretary blinken did is the right thing. continue to push diplomatically, working with our allies in the region, working with our arab allies, trying to be able to put additional pressure on

netanyahu, because, look, right now there's a lot of moving parts. the united states is conducting attacks against houthis and others because of their attacks on our people. that's continuing. it's likely to continue. we're now trying to reach some kind of deal that will provide a cease-fire and ultimately that's got to happen. we have to deal with the palestinian issue and try to develop future leadership that can be able to provide some kind of future for the palestinian people. then, lastly, we have got to be able to make sure that the people who are there and are dealing with these challenges ultimately understand that we have to develop a long-term peaceful solution working with our arab allies and trying to

get saudi arabia as part of the abraham accords so that ultimately there is hope for some kind of future peace in the middle east. >> let me briefly ask you about ukraine. it's now possibly coming back through the senate. the house has said it's against the ukraine aid. what are the implications for the people of ukraine? they are running out of ammunition. they don't have enough air defenses. they don't have weapons that only the united states can provide. >> andrea, i really have been concerned about the message that the united states is sending to the world by the failure to provide aid to ukraine, aid to israel, aid to taiwan. the fact that even though there was an effort to achieve a

border deal relating to our border, that the republicans suddenly backed away from that because of donald trump. the failure to enact this package and get it done is undermining united states leadership in the world. our most important effort has to be not just to provide that leadership but to work with our allies to make sure that we are protecting democracies in the world. this is a long-term battle. if we continue to just delay and kick the can down the road and not make the decisions that have to be made, we are sending a message of weakness to the world. both republicans and democrats need to know that. >> leon panetta, thank you very much. >> thank you. court questions.

what we gleaned from the supreme court justice questions as they consider whether or not former president trump should remain on the colorado ballot. that's next. you are watching "andrea mitchell reports" only on msnbc. . , one of the millions suffering from pain caused by migraine, nurtec odt may help. it's the only medication that can treat a migraine when it strikes and prevent migraine attacks. treat and prevent, 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. relief is possible. talk to a doctor about nurtec odt.

[crowd noises] [dramaticlly beat] introducing, ned's plaque psoriasis. he thinks his flaky red patches are all people see. otezla is the #1 prescribed pill to treat plaque psoriasis. ned? otezla can help you get clearer skin, and reduce itching and flaking.

with no routine blood tests required. doctors have been prescribing otezla for nearly a decade. otezla is also approved to treat psoriatic arthritis. don't use otezla if you're allergic to it. serious allergic reactions can happen. otezla may cause severe diarrhea, nausea, or vomiting. some people taking otezla had depression, suicidal thoughts, or weight loss. upper respiratory tract infection and headache may occur. with clearer skin, movie night, is a groovy night. ♪♪ live in the moment. ask your doctor about otezla. (bobby) my store and my design business? we're exploding. live in the moment. but my old internet, was not letting me run the show. so, we switched to verizon business internet. they have business grade internet, nationwide. (vo) make the switch. it's your business. it's your verizon.

♪♪ with fastsigns, create factory grade visual solutions to perfect your process. ♪♪ fastsigns. make your statement™. xfinity rewards presents: '1st and 10gs.' xfinity is giving away ten grand to a new lucky winner ♪♪ for every first and ten during the big game. enter daily through february 9th for a chance to win 10gs. with the ultimate speed, power, and reliability the xfinity 10g network is made for streaming live sports. because it's only live once. join xfinity rewards on the xfinity app or go to

xfinity1stand10gs.com for your chance to win. sharp questioning from the supreme court justices yesterday revealing broad skepticism on the court over the colorado ballot issue that could have upended the presidential race in other states as well. joining us now, harry litman, he

was in the court yesterday, and linda greenhouse, lecturer in law and senior research scholar at yale. harry, your prediction was it could be 7-2. you saw it coming. that is the way it felt. could even be 9-0. certainly, it seemed lopsided in terms of the skepticism they expressed about a lot of ambiguity in section 3 of the 14th amendment. >> yeah. it did feel that way to me from the start, mainly because notwithstanding whatever the merits with under section 3 -- they didn't talk about that all that much, much less donald trump, it just seemed like a result the court couldn't countenance. that's the feel you got. it's not clear to most people, including me, what their bottom line will be, how they will get there. i think seven, eight, maybe mine justices will coalesce around

something here. >> there were supreme court scholars, jurists, linda, who think it's clear the 14th amendment is crystal clear that obviously they would say the president of the united states is an officer of the court. i don't know what you thought of the argument and whether or not it would have been different if jack smith had indicted donald trump for incitement or some sort of insurrection charge. >> it was a clarifying argument. i may be the only person in the country who went into this agnostic. i thought there were strong arguments on both sides. what happened, i think, is that jonathan mitchell, trump's lawyer, was very successful from the get go in emphasizing every

possible ambiguity about section 3, which, of course, most people in the country never heard of section 3 of the 14th amendment until a few months ago. the court has never construed it. so it is ambiguous whether it applies to the president. it's ambiguous whether states have the ability to enforce it on their own. many ambiguities. trump's lawyer was talking in that all you have to do is persuade a majority of justices, let alone all of them, that there's enough ambiguity to hold back. whereas, the two lawyers for colorado had to bat away every possible ambiguity and assure the court that there was every reason to go forward and do something that many people would view as rather radical. the burden of proof was really on the colorado side.

i think i agree with the general consensus that by the end of the very intense two hours, colorado just hadn't met that burden. >> they didn't talk that much, harry, about insurrection at all, in fact. there was a lot of focus on history. interestingly, judge jackson saying that what the authors of the 14th amendment wanted do was stop states from being aggressive in allowing rebels, insurrectionists to get into their midst, rather than empowering states to have the rights to put people on the ballot. >> that's right. the chief justice also said, wait a minute, the 14th amendment is about constraining state power. why would we use this in such an expansive way? justice jackson was probing the question whether, in fact, the president should be excluded

from the text and giving a reason that it might be that really the 14th amendment drafters were worried about former union people kind of burrowing in. i thought it was very interesting, because all in all, trump was the missing man. even the text of the 14th amendment, especially engaged in insurrection, wasn't a dominant player. the real concern i think, roberts, kagan, others, was the consequences. that's the word they used of affirming and their assumption that it would cascade and create an overall sort of, at best, crazy quilt pattern in the country. >> the chaos theory they were concerned about. >> exactly. >> it must have been fascinating to be in the court. harry and linda, you have been there many times. we all are fascinated by the supreme court. now we wait to see what they do on immunity. thank you for being with us, both. the slow roll. aid for ukraine and israel advancing in the senate.

what are its chances in the house? the latest on that coming up next. you are watching "andrea mitchell reports" on msnbc. tchec ♪♪ is she? playing with the confidence of a pro and getting all up in that grass as if she doesn't have allergies? yeah. nice. rsv can seriously impact breathing, even for the best performer. protect yourself with pfizer's abrysvo... ...a vaccine to prevent lower respiratory disease from rsv in people 60 years and older. it's not for everyone and may not protect all who receive it. don't get abrysvo if you've had an allergic reaction to its ingredients. a weakened immune system may decrease your response. most common side effects are tiredness, headache, injection-site pain and muscle pain.

ask your pharmacist or doctor about abrysvo today. not flossing well? then add the whoa! of listerine to your routine. new science shows listerine is 5x more effective than floss at reducing plaque above the gumline. for a cleaner, healthier mouth. ahhhhh. listerine. feel the whoa!

she found it. the feeling of finding the psoriasis treatment she's been looking for. she found sotyktu, a once—daily pill for moderate—to—severe plaque psoriasis... for the chance at clear or almost clear skin. it's like the feeling of finding your back... is back. or finding psoriasis can't deny the splendor of these thighs. ♪♪ once—daily sotyktu was proven better, getting more people clearer skin than the leading pill. don't take if you're allergic to sotyktu; serious reactions can occur. sotyktu can lower your ability to fight infections including tb. serious infections, cancers including lymphoma, muscle problems, and changes in certain labs have occurred. tell your doctor if you have an infection, liver or kidney problems, high triglycerides, or had a vaccine or plan to. sotyktu is a tyk2 inhibitor. tyk2 is part of the jak family. it's not known if sotyktu has the same risks as jak inhibitors. find what plaque psoriasis has been hiding. there's only one sotyktu, so ask for it by name.

so clearly you. sotyktu. pain hits fast. so get relief fast. only tylenol rapid release gels have laser drilled holes. they release medicine fast for fast pain relief. and now, get max strength topical pain relief precisely where you need it. with new tylenol precise. awkward question... is there going to be anything... -left over? -yeah. oh, absolutely. (inner monologue) my kids don't know what they want. you know who knows what she wants? me! with empower, we get all of our financial questions answered. so you don't have to worry. empower. what's next. you want to see who we are as americans? i'm peter dixon and in kenya... we built a hospital that provides maternal care. as a marine... we fought against the taliban and their crimes against women. and in hillary clinton's state department... we took on gender-based violence in the congo. now extremists are banning abortion and contraception right here at home. so, i'm running for congress to help stop them. for your family... and mine. i approved this message

because this is who we are. welcome back. the senate has voted to proceed with a $95 billion national security bill that would provide military and humanitarian aid to ukraine, israel and taiwan. this comes a day after senate republicans rejected a bipartisan border security and foreign aid bill. joining us now is nbc news

capitol hill correspondent ryan nobles. i don't know how you keep it straight up there. the senate will begin considering this aid package for ukraine, israel, taiwan, no border. does that mean a procedural step saturday, no voting, no debate, and then it comes to a head next week? >> reporter: what we will see over the weekend is the senate working out its process. under normal circumstances, senators could get together in a room and decide that they want to suspend some of the time allotted rules to move the process along quicker. this bill is relatively controversial. even one senator can hold that up. rand paul was the one that stepped forward and said he wasn't going to allow this process to speed up. over the weekend, it's just going to be procedural. the real vote, the action on this will probably begin at the beginning of next notable. senators were supposed to go on a two-week break after business today. the fact that they are sticking

through the weekend and into next week demonstrates the seriousness that they are taking to this issue and the likelihood that it has a real possibility of passing the senate. there does seem to be momentum in that direction. there is also the possibility that through the amendment process, there could potentially be some level of border policy provisions that are added to this package before it is ultimately passed. of course, the big question is, even if it makes it out of the senate, what happens when it makes its way to the house? that for sure is an open question at this point. >> ryan, just briefly, they have sort of a deadline here. thursday, friday, saturday, they are supposed to be in munich, focusing on ukraine and the desperation ukraine is feeling. to go empty-handed when europe has voted their $50 billion plus or whatever, and the u.s. is doing nothing, that would not be very good for the united states,

leadership with nato and european countries. >> reporter: showing progress would help. that's for sure. >> thanks, ryan. appreciate it. on the line with the failure in washington to secure funding for the border meaning for cities. i will talk to two mayors from different parties about what's next for their communities. that's next. you are watching "andrea mitchell reports." this is msnbc. mitchell reports." this is msnbc. paxlovid is an oral treatment for adults with mild-to-moderate covid-19 and a high-risk factor for it becoming severe. it does not prevent covid-19. my symptoms are mild now, but i'm not risking it. if it's covid, paxlovid. paxlovid must be taken within the first five days of symptoms, and helps stop the virus from multiplying in your body. taking paxlovid with certain medicines can lead to serious or life-threatening side effects or affect how it or other medicines work, including hormonal birth control. it's critical to tell your doctor about all the medicines you take because certain tests or changes in their dosage may be needed. tell your doctor if you have kidney or liver problems, hiv-1, are or plan to become pregnant, or breastfeed. don't take paxlovid if you're allergic to nirmatrelvir,

ritonavir, or any of its ingredients. serious side effects can include allergic reactions, some severe like anaphylaxis, and liver problems. these are not all the possible side effects so talk to your doctor. if it's covid, paxlovid. ask your doctor today. pain hits fast. so get relief fast. only tylenol rapid release gels have laser drilled holes. they release medicine fast for fast pain relief. and now, get max strength topical pain relief precisely where you need it. with new tylenol precise. known for following your dreams. known for keeping with tradition. known for discovering new places. no one wants to be known for cancer, but a treatment can be. keytruda is known to treat cancer. fda-approved for 16 types of cancer, including certain early-stage and advanced cancers. one of those cancers is early-stage non—small cell lung cancer. keytruda may be used with certain chemotherapies before surgery when you have

early-stage lung cancer, which can be removed by surgery, and then continued alone after surgery to help prevent your lung cancer from coming back. keytruda can cause your immune system to attack healthy parts of your body during or after treatment. this may be severe and lead to death. see your doctor right away if you have cough, shortness of breath, chest pain, diarrhea, severe stomach pain, severe nausea or vomiting, headache, light sensitivity, eye problems, irregular heartbeat, extreme tiredness, constipation, dizziness or fainting, changes in appetite, thirst, or urine, confusion, memory problems, muscle pain or weakness, fever, rash, itching, or flushing. there may be other side effects. tell your doctor about all your medical conditions, including immune system problems, if you've had or plan to have an organ or stem cell transplant, received chest radiation or have a nervous system problem. keytruda is an immunotherapy and is also being studied in hundreds of clinical trials exploring ways to treat even more types of cancer. it's tru. keytruda from merck. see all the types of cancer keytruda is known for at keytruda.com

and ask your doctor if keytruda could be right for you.

were you worried the wedding would be too much? nahhhh... (inner monologue) another destination wedding?? why can't they use my backyard!! with empower, we get all of our financial questions answered. so we don't have to worry. empower. what's next. your shipping manager left to “find themself.” leaving you lost. you need to hire. i need indeed. indeed you do. indeed instant match instantly delivers quality candidates matching your job description. visit indeed.com/hire ( ♪ ♪ ) start your day with nature made. the #1 pharmacist recommended vitamin and supplement brand. cities along the southern border and nearby states are

struggling to deal with the record number of migrants and won't get help from congress as the failure of the bipartisan border bill seems definite. joining us now are tom guiles of mesa, arizona, the chair of the u.s. conference of mayors, and mayor ron neurenburg. how are you going to move forward without the support from congress? what do you say to the senators who blocked the bill before it even got to the house? >> obviously, we are very disappointed. this was a once in a generation opportunity for us to actually to see something positive come out of washington on immigration. those of us in border states have been begging for something like this for decades. it's hard to express the level of disappointment we are seeing.

where we go forward is it's back to the usual, which is border states and now you are seeing large northeastern cities are going to continue to be inundated with migrants. these folks are being very carefully coached by drug cartels. they will continue to take advantage of loopholes in our immigration laws and the lack of resources at our borders. this problem is going to go from bad to worse. >> you are a republican. it seems that there's a disconnect between the republican senate leadership in washington who as soon as donald trump said that he was against this bill, they and, of course, speaker mike johnson came out against it. you are a democrat, you were calling this a step in the right direction. it was opposed by a lot of progressive democrats, bernie sanders and others in the senate and in the house, others. do you have any hope that congress is going to be able to

reach a deal in the future? what do you want to see in it? >> no bill on its first draft is perfect. this is certainly a step in the right direction. what i would tell senators and representatives in both houses is stop insulting the intelligence of the american people. we have had 600,000 migrants come through the city of san antonio because of the laws that the mayor was describing. they had an opportunity to adjust that. things that they asked for. not only did he had not do that, they didn't fund cities dealing with the impact of that influx. they are doing worse than doing nothing. they are contributing to the impacts that are being felt. this is not so much a migration crisis as a political crisis within the trump disciples of both houses. we need to fix that. have an honest debate about the migration issues. take some steps in the right direction that all of us have been asking for.

speed up processing, provide for work authorizations, do the things that are necessary that people have been calling for. in fact, they have been calling for. get that done as quickly as possible for the american people. >> i should point out, you identify yourself as an independent. it seems you and mayor gilles -- how do you deal with the influence of the former president on both the house and the senate? despite their claims and the fact the senators worked for four months on this. senator langford from oklahoma was leading this. he is hardly a liberal. he is a very conservative republican senator. he was trying to do this on behalf of everyone. >> the hypocrisy here is hard to swallow. i'm from arizona. i love quoting john mccain. he is famous for pointing out that when there's a conflict between what's best for your

party and what's best for your country, you have to err on what's best for your country. to those members of my party in washington that aren't doing that, i would hope they come to realize that they have -- rather than being part of the solution, they are the problem. it's time for them to wake up to that and start doing what's best for our country. >> you can never go wrong quoting john mccain. a great hero. thank you both so very much. coming up next, from mix. from the supreme court to the special counsel, how it's all playing out on the 2024 campaign trail as mr. trump racks up more delegates in nevada. that's next on msnbc. next on mc (jen) so we partner with verizon. their solution for us? a private 5g network. (ella) we now get more control of production,

efficiencies, and greater agility. (marquis) with a custom private 5g network. our customers get what they want, when they want it. (jen) now we're even smarter and ready for what's next. (vo) achieve enterprise intelligence. it's your vision, it's your verizon. i know what it's like to perform through pain. if you're like me, one of the millions suffering from pain caused by migraine, nurtec odt may help. it's the only medication that can treat a migraine when it strikes and prevent migraine attacks. treat and prevent, 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. relief is possible. talk to a doctor about nurtec odt.

you know, when i take the bike out like this, all my stresses just melt away. i hear that. this bad boy can fix anything. yep, tough day at work, nice cruise will sort you right out. when i'm riding, i'm not even thinking about my painful cavity. well, you shouldn't ignore that. and every time i get stressed about having to pay my bills, i just hop on the bike, man. oh, come on, man, you got to pay your bills. you don't have to worry about anything when you're protected by america's number-one motorcycle insurer. well, you definitely do. those things aren't related, so... ah, yee! oh, that is a vibrating pain. (vo) if you have graves' disease, your eye symptoms could mean something more. that gritty feeling can't be brushed away. even a little blurry vision can distort things. and something serious may be behind those itchy eyes. up to 50% of people with graves' could develop a different condition called thyroid eye disease, which should be treated by a different doctor. see an expert. find a t-e-d eye specialist at isitted.com

feeling claritin clear is like... ♪♪ is she? playing with the confidence of a pro and getting all up in that grass as if she doesn't have allergies? yeah. nice. when you shop wayfair, you get big deals for your home - every day. so big, we'll have you saying... am i a big deal? yeah you are, because it's a big deal, when you get a big deal. wayfair deals so big that you might get a big head. because with savings so real - you can get your dream sofa for half the price. wayfair. it's always a big deal. ♪ wayfair you've got just what i need ♪

donald trump is now another step closer to clinching the republican nomination. nbc news projects that mr. trump won the nevada republican

caucus, securing all 26 of the state's gop delegates. nikki haley was not on the ballot, opting out after refusing the republican party of backing trump and sort of rigging the system. trump won four more delegates in the virgin islands. joining us now, ashley parker, former ohio governor, john kasich. nikki haley lost the nevada primary tuesday to none of the candidates, opted not to run in the caucus where there were delegates, and she's raking in a lot of money, so the donors are not abandoning her yet. >> well, i think these guys have lots and lots of money. they sort of enjoy getting her out there and letting her bang away at trump and probably make some of them who have money to burn, makes them feel good. but i just want to make sure that nikki haley does what's best for nikki haley.

sometimes you get those donors out here. they're not taking the heat or worried about how effective they can be in the future. but they're keeping her alive by giving her all this money. again, it is a handful of very wealthy people, and that's what i think is going on. we'll see what happens after south carolina. >> and, ashley, how big a hit was this, was that -- her report for the white house and team biden, given the fact that they are openly comparing what he did to james comey and the take-down of hillary clinton with gratuitous actions and reporting that went well beyond the decision not to indict? >> they're furious with the report. they think it was partisan overreach in the way he described president biden. so the reason the report, to be clear, is to devastating is not the findings on biden's careless handling of classified documents, but it's a particular

phrase where her rights that biden to a jury would appear as a sympathetic, well-meaning elderly man with a poor memory. and that is one of the reasons they are so upset because that fits into an existing narrative that we hear from democratic voters that are genuinely worried about if 81-year-old biden is too old to serve and a line of attack we hear fairly consistently from republicans. that's why we brought him out, in part to try to defend against that last night. >> and governor kasich, such this morning, a former colleague of yours as a governor, larry hogan, announced he's running for the state's open senate seat. given the dysfunction of the senate these days, what do you think of him running for the senate? >> well, he'll be the only moderate, i think, that will be running this -- this fall. and, you know, i think it's a -- you know, being in the senate, andrea, you covered it for many years, you know, it takes years

to work your way up. maybe he'll go in and try to break some china when he's in there. but, you know, it's all changed over the years as we watched it. it's become, unfortunately, increasingly dysfunctional. we take a look at what's happening in the house. you put the two houses together, it's a mess. what i think is going to happen in the fall is i think republicans are likely to win the senate because there is too many vulnerable democrats to avoid losing the senate, and it is likely the house will go to the democrats. that's what i kind of think is going to happen. and hogan is going to get in the middle of that. look, he's a good guy. he's a good thinker. he's his own man, his own boss, and i think he will be a great contribution to the senate if he wins, and i think he's likely to win. >> and, ashley parker, let's talk -- and vice president harris, excuse me.

i was just going to ask you about the situation with the bob her report. here is what the vice president had to say. >> listen, i have been privileged and proud to serve as vice president of the united states with joe biden as president of the united states. and what i saw in that report last night i believe is, as a former prosecutor, the comments that were made by that prosecutor gratuitous, inaccurate and inappropriate. october 7th israel experienced a horrific attack. and i will tell you, we got the calls. the president and myself, in the hours after that occurred.

it was an intense moment for the commander in chief of the united states of america, and i was in almost every meeting with the president in the hours and days that followed. countless hours with the secretary of defense, is secretary of state, the heads of our intelligence community and the president was in front of and on top of it all. asking questions and requiring that america's military and intelligence community and diplomatic community would figure out how many people were dead, how many are americans, how many hostages. is the situation stable? he was in front of it all, coordinating and directing leaders who are in charge of america's national secu