a very good day to all of you. welcome everyone to alex witt reports. we begin with breaking news on the mar-a-lago classified documents case. judge aileen cannon has ordered a special counsel jack smith to hand over evidence to the trump team by today. evidence that smith warrants could identify more than two other witnesses

and the case and expose them to threats. in a legal filing split on thursday, smith said cannon applied the wrong legal standard when she ordered the unsealing of documents and she needed to reconsider to prevent manifest injustice, endangering witnesses by revealing their identities. well, late last night, after reading that motion, canyon road smith needs to hand over documents anyway, and again, but today. we have several correspondents and analysts in place covering today's new developments for you. joining me now we have katie phang, an attorney and host of the proceeding show, the katie phang show here on msnbc. and -- investigator for the january 6th. katie, bring us up to speed on what this dispute between cannon and smith is all about. >> there are certain parts of the discovery process to happen in a criminal case -- and during the discovery process, there is and change of information.

in fact mar-a-lago, because it's a classified documents case, it's governed by something called safiya,. they classified information procedures act. state that very specific. it has very specific processes and procedures by which the government turns over information to the defense. the defense can say, i disagree, i do need some of that information that perhaps the government is not going to turn over and the government has ethical balls and strikes. what's happening here is the defense has, and the judge has a great, they're entitled to see an exhibit to a motion to compel. and the exhibit contains sensitive information. names of potential government witnesses. and also it contains fbi reports that have information about internal email communications, saying that people don't want to have out in public especially because of a risk of harm to those witnesses. but at this point, cannon has ordered special counsel jack smith to turn over this information by pretends, which is the day. >> absolutely. tim, if this is largely about

rejecting admit is a potential witnesses for their safety, what then is judge cannon's justification for denying this request? why would she feel the need to have them identified? >> alex, she's probably balancing the understandable national security and trust the special counsel has identified, the desire not to reveal the identities of some national security officials who may have been involved in the movement of these documents, with the defendants right to a fair trial. with any criminal defendant, v former president has the right to confront the evidence against him and that might be the judge is determined the identity of as witnesses is essential to his -- as katie said, this as a balancing test. when there is national security information, you are balancing that need to protect information and from cities that could compromise those individuals -- judge cannon is trying to balance that.

clearly the special counsel doesn't agree. but it looks like he's going to have to abide by the judges ruling and disclose this exhibit bill in motion to compel. >> i love the way casey cold it colin balls and strikes. perfect analogy. tim, evan smith is so concerned hermhs rating of the law is putting potential witnesses at whisk of threat and intimidation, could you then see him asking for judge cannon's recusal? that would be for the third time from this case? >> recusal is based on an allegation there's a personal bias. it is not generally because prosecutors think the judge is wrong. that's different. that remedy for a ruling the judge believes must rage the law is an appeal. not sure if a discovery dispute is appealable. that main subject to the immediate appeal to the appellate court, or something. you have to wait until after a potential conviction. i don't say this actually moves towards a recusal because it doesn't demonstrate,

necessarily, any personal animus or favoritism of the judge. he just disagrees with her reading of that law and he can vigorously make that point to her. of know this is something the court of appeals will take up. it is probably something that will have to wait. >> but, katie, this is not the only issue that jack smith has with this trial. and that legal filing on thursday, smith lashed out at trump's legal team after they asked judge cannon to delay the deadline for some pro trump motions on this case. smith wrote, their objective as plain. to delay trial as long as possible. the tactics they deploy our relentless and misleading. they will stop at nothing to stole the adjudication of the charges against them by fear and impartial jury of citizens. this trial, it is set to begin may 20. can judge cannon credibly preside over this trial if she allows significant delays in the case? >> that's a pandora's box you just asked, alex. but such a smart question.

there is an appellate remedy that could be reached right now -- a fancy way of saying that jack smith could appeal this ruling that judge cannon did. but here and lies the problem. it's not just trump's defense team that delaying. cannon is helping trump delay. and i want to speak very bluntly about this because people need to understand can and should have had a lot of the stuff happened months ago. she has punted deadlines farther away. and the other problem we have about going to trial and may is that cipa the statute we just told about that governors what going on, throws a bag and it's that short right to an appeal if something happens and this disclosure of classified information. so because of that, because you have a baked in delay mechanism that's in fear, the realistic go into trial and may in this case doesn't seem likely. i think the other problem we have is this. this is the calculus, i think, for jack smith right now.

is it worth it for it to be delayed? meaning, if i were to take a right -- tell judge cannon she is wrong, once again, for the third time, it's going to delay. once you take that you are going to insert your own measure of delay, if you are jack smith. i think that's part of the calculus. can we get it across the finish line in a timely way before november? >> pandora's box for sure. todd live for you both, katie and tim, to stand by. we hit to the white house was some parent new reaction from the biden camp on special counsel robert hur's classified documents report. joining me now is nbc's allie raffa. at what is at the white house saying today? >> alex, we are starting to see this all hands on deck response from not just the white house but also democratic lawmakers and allies of the president. it really started just hours after special counsel robert hur 's report was released on

thursday, when we saw the president come out in those very rare primetime address at the white house. and he fired back against those claims about his memory by robert hur in that report. and now we're starting to see more officials come out and defend the president. white house press officials, as you mentioned, are hard at work today firing back against those claims. they put out a memo a short time ago quotient republicans have complemented biden's mental fitness in the past. and that memo says, in part, quote, even though republican officials have smear president biden for his age since 2019, on multiple occasions, former house speaker kevin mccarthy has emphasized how smart, sharp, and tough he finds the president. the vice president yesterday, alex, also coming to the presidents defense. saying as a former prosecutor herself, she found those mentions by hur about this memory lapses, included in that report, she says she found the

irrelevant and not appropriate. listen to more. >> the way that the presidents demeanor in that report was characterized could not be more wrong on the fact. and clearly politically motivated. gratuitous. and so i will say that when it comes to the role and responsibility of prosecutor in a situation like that, we should expect that there would be a higher level of integrity than what we saw. >> and alex, the white house special counsel's office is also slamming this report. saying it included a number of inconsistencies and an accurate information. we spokesperson sam's, the white house press briefing yesterday, not ruling out the possibility of releasing some of the transcripts from the president interviews with the special counsel to clear some of those, what they call,

inconsistencies. and the challenge that still exists for this white house, for the presidents reelection campaign, alex, is the best person they believe to restore voters confidence in his mental acuity and ability to serve a second term is the president himself. but of course, the cafi yet with that is more casual appearances by the president could potentially opened the door for more of these gaffes and missteps. that's something that every election campaign is considering, with less than nine months to go until election day. >> in terms of the gifts, no disrespect, but joe biden has done that for the last half century. that is part of his nature and some of found it charming. thank you for that. let's go back to katie and tim. this report found president biden should not be charged with a crime, but willfully retain and disclose sensitive information as vice president. katie, did this clear baton of

wrongdoing? >> he's not getting indicted. who got indicted? donald trump. i think what people need to do, it's a really long report, but there is an executive summary at the beginning and i urge everybody to rate it because it's only about 15 pages. the problem i have with hur -- and i think the word gratuitous is generous. there it was so much unnecessary, inflammatory, and partisan language -- that missed the entire point. there is no evidence of wrongdoing. there is no evidence of criminal intent. those are the factors that prosecutors have to look at. and what special counsel hur was looking at. that's the reason why you don't see charges in this case. all of the other language, what used the word extraneous, gratuitous, i think those are generous words. i think those or to not cite. they were not supposed to be there. i don't understand what this report was a partisan. i don't understand why it was so politically motivated. stick to this facts and evidence, special counsel. if there is no evidence of wrongdoing, that's what you

have to lodge. and in fact if you rate the executive summary, alex, it was nothing there, nothing theory, no evidence, no evidence. that's what it says over and over again. and i think that's what needs to be harped on by the biden white house and by the biden surrogates. >> here is as simple observation in this report. special counsel robert hur, a former trump administration official described president biden as an elderly man with a par member and said he had diminished faculties in advancing age and struggled to remember events and strained at times to relay and read his own notebook entries. the president is strongly frequent this betrayal of. when vice president kamala harris, a former prosecutor herself, by the, way said the report was clearly politically motivated. a couple of things to analyze here, tim, does it appear hur wrote this with a political agenda or is this how a report of consequence should be written? >> look, i don't know if there is political motivation here. and i won't go that far,

candidly, alex i don't know if robert hur's motivated by politics. i know what he wrote is careless, gratuitous, and irresponsible. prosecutors speak in court. they speak and official documents. because they have also discretion. because their words carry such weight, they have to be scrupulous and meticulous. department of justice policy says, if you are going to declined to charge someone, you declined to charge them, notified them of the declination, but the explanation of the characterization of the contract beyond that declination , hugely prejudicial because there is no trial, there is no forum in which that non charged person can respond. so i think robert hur's words worker to us and careless. i won't go far to describe -- them all leads them to others. but it is against the rules of the department of justice. i think special counsel sometimes say their roles more broadly, educating the public about the

facts. but -- prosecutors have the also responsibility to speak very carefully and not make allegations that there are not prepared to allege in court, and give the person described an opportunity to respond. >> you've answered but the questions i had keyed up, so thanks for that. but you can't go anywhere, we have some more ground to cover with you and that includes the trump arguments that could be a pretty tough sell at the supreme court. it potentially suspect the court may not even want to listen. we'll explain that in 60 seconds. we'll explain that in 60 seconds. you ready? surprise! i don't think you can clear this. i got this. it's yours now.

with nurtec odt, i can treat a migraine when it strikes and prevent 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. >> now to the consequential solutions success with the supreme court. the justices expected to decide in the next few weeks if donald trump should remain on the colorado ballot. on thursday, the general consensus as sources are skeptical of the argument. we are back now with our legal panel, katie phang and tim heaphy. katie, give me a quick run down off that likelihood of the

justices go against this convention wisdom that's out there, and decided in favor of colorado. >> it doesn't look like it's going to happen. i think by any construction, by any interpretation, when you listen on thursday, all the justices, all night on the highest court and the land expressing skepticism, i think that's the right word to use, alex, is to whether or not one state, that be in colorado, should decide whether or not the president should be on the ballots across the united states. that was the argument raised even but justice illini kagan. why should colorado, once that is not for all the states in the union. i think the biggest takeaway that came out of the shortcomings on forest day is the following. this idea of a states rights, this idea of allowing the states to have individual autonomy, as given to them by the united states constitution to decide how to run its presidential elections. i think that went out the window and that is an opinion that was shared by several legal analysts as well. because that is given to them.

the opportunity and the way to do it and the right to do it is given to them under the constitution, under article two, section one. the lawyer for the colorado voters made the argument. i think what you saw is what happens a lot when it comes to appellate arguments. featured just already have an idea of growth going, and they're looking for arguments and soundbites to be made that are going to help bolster or maybe even defeat arguments that may come from justices the stoneshire their opinions. and i think that's what was run thursday. we saw the conservative part of the bench,, alex make it very clear at what they thought about it and they basically wanted to say but article three, excuse me, section three of the 14th amendment is not going to borrow donald trump from being on a ballot. >> but even though engaging in an insurrection is a disqualifying factor from section three, the 14th amendment, there was for it little focus on it at the hearing. his trumps attorney yesterday, take a listen. >> for an insurrection, threatened to be and corcoran iced, concerted effort to

overthrow the government of the united states through violence. >> the point is a chaotic effort to overthrow the government is not an insurrection? >> we didn't concede it's an effort to overthrow the governor either, justice jackson. neither of these criteria were met. -- it did not qualify as an insurrection as the term is used and section three. >> tim was that late investigator for the january 6th committee. you are deeply knowledgeable about donald trump's role in the capitol attack. are you satisfied with how the insurrection angle factored into color writers arguments and the justices questions yesterday, rather, thursday? >> alex, i wasn't too surprised they supreme court didn't really focus much on that factual determination of insurrection. and of expectorate opinion will result of that issue, or will make such a finding. they were focused, really, on whether or not section three of the 14th amendment is self executing, whether a state

unilaterally can invoke it and kick a precedent off the ballot. there were issues surrounding its implementation, not the factual basis that would trigger its implementation. so i don't expect the court is going to wade into a factual determination. either affirm or deny the colorado courts finding, the president engaged in insurrection. they're going to answer this question on legal grounds. and to meet, the most significant moment was when chief justice roberts said isn't the 14th amendment writ large? to essentially iranian state authority? it was passed after the civil war -- to federalize rolls so states could not deprive them. in fact what colorado is doing is given wednesday to the power to kick that president off the ballot. in his view that it's inconsistent -- i think that is a tone is pretty fundamental and likely beyond the ultimate opinion. which is cases it is likely to go in favor of the former

president. >> jonathan mitchell, trump's lawyer, did lay out one caveat in the thursday hearing. manchin and to the court, even if donald trump or charged with insurrection, he should be immune from prosecution. a federal appeals court disagreed with that this week. he doesn't have presidential immunity. now the trump team plans to appeal the decision to the supreme court by monday, katie. what happens after that? because what they do could have huge implications for this criminal trials against trump. >> i thought it was telling jonathan mitchell took the opportunity and the front of the supreme court to manchin the presidential immunity arguments. but to your question, by monday, the daylight and posed, that is fraud trump to a plot to do an epic election for a state of the mandate. the mandate is this judgment that basically tells the district court, judge chutkan, here is your case. back duke what you need to do -- go back to trial and to move forward with the case. trump asked to apply for a stay. he has to apply for a pausing

all of that mandate being returned to judge chutkan by monday. within that application for a stay, he has to say, because i'm going to petition the supreme court to take up this appeal. trump morals always waits to the last minute, delay is the refrained. i would not expect to see it until the very last minute on monday. but i do expect to save him apply for that state, to prevent that mandate being returned to judge chutkan -- >> tim, what do you expect the supreme court to do when the presidential immunity question likely comes up on monday? >> as katie said, the monday deadline is to apply for a stay. i think the former presidents team will do all it can to delay. put moderates until supreme court take this case, alex. eighth on a close case. the supreme court only waits into issues if there's a dispute between the courts or a close question of constitutional law. i don't think either is here.

i think the d.c. circuit opinion was very thorough, three tearful, three frantic, and unanimous on that court. and i think there is a very good chance the supreme court agrees with that reasoning in the opinion and decides not to take it. which would get this back on the trial calendar in front of judge chutkan. a couple of months delay, perhaps, from the march 4th date. but perhaps not substantially. i feel this case is hated for trial late spring, early summer. >> i was going to ask you when. you are reading my mind. thank you so much to both of you. katie and tim, good to see you. and for all of you, you can see more of katie phang, the katie phang show on noon, so today, msnbc. what if you had a colic that guaranteed euro can super bowl weekend. that's happening on capitol hill . who's doing the most grumbling about? it later. grumbling about? litater.

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just weeks until that republican presidential primary in south carolina. it's now the focus of both candidates, one of whom calls at home today nikki haley is kicking off a faster across the state and don trump was just about to hold a rally at coastal carolina university. nbc correspondent dr. burns is there. welcome, dasha. how are things looking for the former president in south carolina? >> south carolina maybe nikki had his home state but it certainly feels a lot like trump country. in fact, the former president does have south carolina as trump country bears all around this stadium. and when i've spent time traveling across the state,, alex there is a lot of love for three from a president. not as much for haley, which is reflected in the poll numbers i've seen. she is trailing him by at least 26 points. the latest washington post poll. that's because this is a very different state than it was when it nikki haley held office here. it is right there, are much more

maga. and i've seen that as i've been traveling all across the state. one thing that has happened that his crew a bit of an opening for nikki haley is this special counsel report on president biden. the way her painted his memory issues is something she is trying to latch onto. not just to criticize biden but also to criticize the former president. she's been calling the two of them to old. she's been colin out the memory issues for both of them, alex. and today she's got a billboard truck driving around this south carolina campus area here, that stays grumpy old man. it has a picture of both of them on it. she's using that tactic. former president trump it's also using this report to really has base. colin this an unfair justice system. it's something we've heard from him before. it's a way he raises money and galvanized supporters. take a listen to what he said last night.

>> he was mentally a little better than he is right now. if he's not going to be charged, that's up to them. but then i should not be charged. [applause] this is nothing more than selective prosecution of biden's political opponent, may. >> to be clear, even in the special counsel's report, he detailed and explains these two classified documents case, is trump's and buttons, are very different. especially given the level of cooperation that the justice department, the fbi got from president biden versus former president trump. but this is a message that works with his base. the question is what will it work for the general election, alex? >> that is the question. okay, dasha burns, thank you. the big game. imagine spending it here. there is one person to blame for

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right now on capitol hill, senators are working through super bowl weakened and picking up the pace after a rocky week. as it is a mess of foreign aid bill with funds for ukraine and israel, but without border security money. the next procedural vote is set

for sunday afternoon. let's go to our reporter. welcome, what's behind the slowdown cape and the senator was there this weekend? what is still in question in this bill? >> alex, correct me if you've heard this before, but senator ron hall of kentucky is making this process as difficult as he possibly can. he told nbc news he's not going to block an amendment process eventually which is good news for people that want to say this bill on the floor eventually. but he's blocking unanimous consent that could allow this to move more quickly. you have senators on both sides of the aisle criticizing him for that with senator john fetterman called a picker head. but rand paul is not relenting. here is what he said this week. >> the problem is with global warming and things, hail phrasing over is going to be awhile. why would i give and to a bunch of people who want to fund another nation border and

ignore our own? we're going to beat the crap out of them for being at someone else's border and not our own. we'll see where the cards lie. >> this is going to be a long process. while the senate can vote on anything until one pm tomorrow, today they're actively working on amendments. we just saw senator durbin on the floor, moments ago announcing that on the democratic side, he's planning to announce that dream act, introducing that as an amendment. that's not like going to pass -- but we're starting to get a sense of what these amendments might look like. senator josh hawley, an ardent against ukraine senator said if his amendment, which provides funding for victims of nuclear contamination passes, he would support the entire bill. so this could be a process that actually helps things. and what democrats are looking for in amendments are two things. one, amendment that would

completely attend the built of the expletive pass once that might cole's in the first to drop off. but they're looking for amendments that could bring some senators on board. like the one from holly i just mentioned. but it's going to be a long couple of days here on the hill . >> cannot be long enough to have those senators in the chamber of voting after kickoff tomorrow night? >> it is unlikely that votes will be happening on sunday evening. but never say never. sunday evening will be a portion for debate. but if the senators can all get on board with an amendment agreement, and they might want to strike while the iron is hot and get votes going, could be a possibility, alex. >> they might massager. okay. thank you very much -- joining me now is pennsylvania congresswoman madeleine dean.

as we were just talking about -- trying to move forth on this ukraine and israel bill, it's expected to pass ultimately. but this after republicans this week to predict the combined border and foreign aid deal. that they demanded. this legislation is certainly going to face a steep challenge in the house, even with the border provisions senate republicans are trying to. it argued confidently megalith of the house? >> it's great to be with you, alex, on this super bowl. weekend and the senate has only the republican senators to blame that they're there over super bowl weekend. they have to write your. feed the restaurants have been polled by the former president to withdraw support over this incredibly important set of supplemental bills. it is the same chill that we continue our support for ukraine. because support for ukraine's support for the united states all of america, for our own

national security. a huge portion of these resources will be to replenish our own military stalks with jobs right here in america. supporting our troops. we all wanted to say the border, our border, as part of the bill. but donald trump told them to pull that portion because he'd rather have it as a campaign issue. aid to israel. humanitarian aid to gaza. these are extraordinarily important things that america must lead on. so i believe, i hope, with a shove of a super bowl, and i hope bush off of every senators conscience, it will come over to the house. and i believe democrats will be able to get this passed. we know it is absolutely essential. >> okay. let's talk about this week. special counsel robert hur found criminal charges against president biden are not warranted for his retaining of classified documents. that has been overshadowed by

the comments about biden's mental fitness. former a.g. eric holder blasting those portrayals. saying, had this report been subject to a normal doj review, these remarks would have undoubtedly been excised. but the remarks most infuriating the president was he did not remember when his son died. why which special counsel hur while investigating classified documents even asked the president such a question? and how much does this episode affect the presidents ability to counter concerns about his age, his ability to run the country for another term? >> i'm not worried about the gratuitous responses and forward in this report. i want to tell you, from the first 15 pages of the executive summary, i can't tell you the number of times this expression is used. we conclude no criminal charges are warranted in this matter. later, we conclude the evidence does not establish mr. biden's

guilt beyond -- doubts. -- maybe mr. hur thought it would be and more interest rate in this politically fraught environment to talk about the presidents page. this was a five-hour interview -- it happened hope or october 8th and ninth, as the president was dealing with the aftermath of the current situation in israel and the aftermath. i found it really gratuitous that those kinds of words are in their. but let's be honest. we are talking about a president who's old. forgive me, mister president, you are. but we're talking about his likely opponent who was old. take a look at their body of work. take a look at their records. would you rather have the most days, an accomplished president who did great things, does great things for the american people, has shown leadership around the world? or would you rather have a corrupt, crook of a former

president come back, and who's really cozy with putin and any kind of a strongman? who did not do a good thing for this country. the choices clear. there are both older. and and our culture, we don't actually admire the wisdom of a president biden. the wisdom and the experience. i find the shots on his memory, particularly a shot about when did beau biden die beneath any special counsel. >> i'm glad you pointed at special counsel hur conduct that interview over october eight and nine. we all know what happened on top of her safe. and to that end, on thursday, the president gave his sharpest rebuke yet about israel's military campaign and gaza. colin it over the top and saying he's pushing hard for a cease-fire. last month, you and 60 other members of congress sent out little to the state department voicing opposition to the forest displacement of

palestinians from gaza, of supporting an increase and humanitarian aid. do you expect the administration to increase pressure now from israel for a cease-fire? >> i expected, but i think it's already going on. i've been talking with the administration since the beginning of this war and i traveled to israel five weeks into the war and spoke directly with the minister of defense and the prime minister. the pressure must stay of mr. netanyahu to prosecute this war and accordance with international law. in accordance with moral law. the pompoms he has dropped, and the gratuitous dropping of 1000, 2000 pound bombs, at a time when he said to us directly and tel aviv he has the ability to mark our target, to be precise. but now what you see -- he's began military operations in rafah, as 1.4 million palestinians are they, are struggling to survive.

28,000 people have died. i believe the pressure on mr. netanyahu to come to the table in terms of who doesn't that need for peace, the return of every single hostage yesterday and for a two-state solution and getting adequate humanitarian aid in is desperately needed. and i have confidence and the state department and antony blinken. of spoken with him directly about this. the administration is on the right side of this. the pressure must continue on israel to prosecute this for much more humanely. and in the meantime, get the hostages home, get the humanitarian aid in. >> i have more questions for you, my friend, but we have to table them. you'll be back. soon madeleine dean, thanks so much. it is the second biggest game and town tomorrow. super bowl sports betting. what you can't wager on maybe more fascinating than what you can get on. that's next. what you can get on. that's next. ♪ ♪ is this yours?

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you? >> what's not happening here, alex? welcome to the party. join me. 300,000 people, as you mentioned, descending on las vegas for us bubble and sin city. i've met a lot of people. 0% of them have tickets to the big game, including all these people. they are here at this nfl experience, one of many events set up so fans can enjoy the game will not go into the game. by the way, tickets one anywhere from 5000 to $11,000. so that set something up like this, which is very fun. this is not that main event. we are in las vegas. sports betting is going to be so big this year. 70% of americans said they'll bit on the big game. the a bit on traditional things. like the score. but what's more interesting is the hot bates. what color is the gatorade going to be. what is the context going to be? and of course, the ever popular

this year, taylor swift bet. but not all those penalties with beds or above board. here is why. we asked an expert. listen to this. >> a lot of people want to talk about the taylor swift -- that national anthem, the halftime show. you cannot bet hear legally and the united states. there is a little thing called and said information. there is people watching those rehearsals. the halftime shows, the national anthem. and the camera guy gates that shows have many times he paints to taylor swift. >> if you were a betting man, would you bet that travis kelce proposals to taylor swift after the game, during the game? >> if i wore a betting man, i would have to factor in a couple things. to the chiefs win? if they win, i'd say it's about a 60% chance. if they lose, not at all. >> and if you're a swiftie, worried if she'll make it to the

big game, don't be. early rumors are she's already on board the plane and should be there before the coin toss. don't bet on it, it's not okay with the roads. >> on that engagement thing. there is another thing to consider. how long have they been dating? maybe that's a little more important to factor in on whether or not they get engaged? >> nobody's thinking about. that >> all right, steve patterson, thank, you my friend. big story in florida this week that will have ripple effects when voters head to the polls in november. that's next. ad to the polls in november. that's next. ard, but for me a stressful day can trigger migraine attacks too. that's why my go to is nurtec odt. it's the only migraine medication that can treat and prevent my 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. now i'm in control. with nurtec odt i can treat a migraine attack and prevent one. talk to your doctor about nurtec today.

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the florida supreme court is weighing a ballot measure putting access to abortion and the hands of voters. with the amendment as floridians to limit government interference with abortions before a fake's is considered viable, which is typically considered around 24 weeks of pregnancy. if the amendment upper is on the ballot and passes, it would unto florida's current 15-week

ban and that more draconian six- week ban that passed last year at both remain blocked by the court. joining me now is nikki frayed, florida democratic party chair and former candidate for a florida governor. but this is. i know you were at a florida supreme court on wednesday. what happened during oral arguments and when do you think we can expect a final decision on? this >> stands for having me. a lot of excitement on wednesday with people coming from all over our state to hear the oral arguments. ultimately, this is going to be the ultimate decision. whether or not or florida supreme court is going to listen to the will of the people or play politics. the supreme court has to issues to look at winter evaluation these bella and i should've. one is it a single subject and is it clear to the voters? and both of those instances -- it is very clear it's single subject, even one of our justices said the people of florida are not stupid. the ultimate decision will be decided by april 1st and we are confident it will get onto the

ballot and let people vote on this issue. >> the reason it is getting attention is because you are part of the effort to get 1 million signatures to put the measure on the ballot. does this proposed initiative than line the hands of the florida supreme court in your mind? and over the next few weeks -- warned voters ultimately have the final say? >> that's exactly what was presented to supreme court the. over 1.4 million floridians, from democrats, republicans, independents, came together to get the requisite signatures to be in front of supreme court the. now the supreme court has the ultimate decision to make. is it going to play politics or are they going to ultimately decide this issue has to go back to the voters? that is what we saw in the dobbs decision. jobs this ocean set at the papal dullness issue. and that's ultimately what the supreme court is being met to decide. or whether or not the people of our state will have the ultimate decision. the reality is, regardless,

whether it gets on to the pilot or not, it will continue to really energize the people here in our state. they want democracy, they want these freedoms, and they showed up with 1.4 million signatures to prove that. >> florida conservatives, they challenge the amendment as misleading. but some democrats are arguing what georgia as a last-ditch effort to keep it off the ballot in november. which begs this question. if florida republicans are cicerone a strict abortion ban is what constituents want, what not to put it to a vote and prove it? >> that's exactly right, alex. 77% of floridians did not want the six-week abortion ban. but ron desantis and republicans still pushed through. let's not forget how we got here. but a stacked court by donald trump who ultimately referenced roe v. wade, and now it's back to the people. if in fact this supreme court wants to find iverson to kick it off the ballot and play politics with the peoples voice, they're going to find those reasons. but purview or comments, pasta

conversations happening at the supreme court this week, it is very clear that six weeks was -- it is a bridge too far. 15 weeks was approached his are. but unfortunately, this supreme court is going to nameless 15 and 16 weeks, based on the current challenges at the supreme court is not going to be a fourth of this right. which means we're going to need this constitution ballot and i should've. as of what is people of the state of florida will have a six-week abortion ban that 76% of floridians doesn't want. democracy is not working here. >> how difficult is it to get abortion on the ballot, that will help voters come to the polls for joe biden, presumably? >> we have seen across the country, when this fundamental right as on a ballot, whether it's and kansas, ohio, and here in florida, it really makes the point very clear. people have the ultimate power. this is a decision that people want to have in their own hands. and they're going out in droves. not just democrats, but