first of all, nixon versus fitzgerald emphasizes the most compelling of what is policy considerations that are rooted in the separations of powers is the rendering of the executive branch official undual cautious, unduly cautious in the highly contentious decisions that come up all of the time. if the president has to look over their shoulder every time he or she has to make a controversial decision every time they have to make a decision, that is going to hind ter power of the president. >> and i understand that, that is one interest, but there are other article 2 interests at play here, too, and they seem to be counter vvailing, the interes of the article 2 interests -- >> the balancing of marbury and to the extent that the court is reaching policy considerations of the court those are decisively outweighed by the sort of the republic shattering consequences of subjecting chief executives in an endless cycle to prosecution once they leave office. the founders were very much against that and deeply concerned with that, and you can see it in hamilton's writings in federalists 67, 68,

we think -- that would be inconsistent with fitzgerald's reasoning. criminal law works. to say we are not going to take into account the intent, there are plenty of acts every day. for example, if i were to encourage someone not to testify at trial because i wanted go on a hike with that person. not a crime. if i encourage someone not to go on a hike because their testimony -- encourage them to skip their trial testimony because their testimony was going to incriminate me. the same underlying. when you map that on to the -- presidential context you come up with some of the frightening hypotheticals where as long as something is plausibly official, even if it involves assassinating a prominent critic or business rival, that would seem to then be exempt, potentially, from criminal prosecution. we wouldn't concedee need to lie in. i think we would advance plenty of arguments below. but for those arguments themselves would create satellite litigation, an additional reason not to go down the route. judge childs: thinking about your answer about potentially

that is more rhetoric than reality is wha the supreme court stayed in nixon against fitzgerald. when it comes to the request question, t iictment has official acts. it does notllege president trump did anything wrong after he left office. it focuses solely on on what he took in office. we are dealing witofcial acts here. then finally, i would address judge henderson your question about the flogas. i tie that to what my opposing counsel said about a so-called frightening future. the frightening future he allegations whereresidents are seldom if preced because they have toe impeached and convicted first. that's 235 years. that's n frightening, that's our republic. whate' forecasting is the ooates will open. we have the prosecution of the chief political opponent who i winning in every poll. upcoming next year. and being propertied by the administration that 's seeking to replace. that is the frightening future. that is taylor -- tailor-made to shake our republic. skwrulg khao*euldz: do you have the impeachment judgment clause indicate, impeachment, then conviction. but th psident

be just be as the distr-bgtld court held, findingere is a balancing under fitzgerald.hat's our view. you start with this question. what are the burdens against presidency and what are the intere to the further -- the answer to that question under fitz we think the burdens my friend talks about on the other side are overstated. i'm happy to descry. we think the interests -- blic's interest in an ongoing criminal prosecution means the should be an congressional -- ad rule that a former president subject to a criminal prion. what i'm describing in response ge child's questions, in a particase might there be some extraordinary circumstance whpresident, a former president could invoke an nity? maybe. i don't think the court has to reach that there. opinion that says based on thean nay taoufrt allegations we take as true, there is no reason to ize thatere. i don't think it needs to be a case by case analysis. k the court can reserve that question to the extent it gives one pause about a president in future situat >> can you answer the question i posed earlier to your og coun

the question is, based on a fitzgerald analysis, his precedents, etc.s th any quantum of immunity for a for president? question is no.swer to that there isason as the district court als found to turn to the indictment and consider this outer perimeter, civil outer perimeter. henderson: how about -- mr. pearce: if you don't -- e are a lot of different it that way.urt could not decide i think to pick up on my response to judge childs, we cey stand behind our view inhe brief that some subsl number of allegations would fall outside outer perimeter. that i think is enough to affirm. the court at that point to send the case back to the district court. i think that would create a series of chalg questions what are the evidentiary theories under which that evidence could potentially come in? it would be our strong view, if the courowed that route, which we urge the courto, to make it clear immunity is an off, off switch. this is the immunity appeal. if the cous we affirm, we send it back, there is no immunity, then other things becomer questions of jury instruc

the question is, based on a fitzgerald analysis, history, precedents, etc. is there any president? immunity for a former we think the answer to that on is no. there is no reasthe district court also found to turn to the ient and consider this outer perimeter, civil outer perimeter. judge henderson: how about -- mr. pearce: if you don't -- there lot of different ways this court could not decide t way. i think to pick up on my response to judge childs, we certainly behind our view in the that some substantial number of allegations fall outside of an outerimeter. that i think is enough to affirm. ihink either party are urging court at that point to send the case back to the district urt. i think that would create a series of challenging questions that i mentioned earlier. re the evidentiary theories under which that evidence potentially come in? it wouldr strong view, if the court followt route, which we urge the court not to, to make it clear immunity is an of off switch. this is the immunity appeal. if the court says affirm, we send it back, there is no munity, then other things bec

we think under fitzgerald, it could be inconsistent with fitzgerald's reasoning and also just irreconcilable with the nature of how criminal law works. to say we're not going to take account of motive or intent, there are plenty of acts that every day -- for example, if i were to encourage someone not to testify at trial because i wanted to go on a hike with that person, it is not a crime. if i were to encourage someone not to go on a hike because their testimony -- encourage them to skip their trial testimony because their testimony was going to incriminate me, the same underlying act. and now when you map that on to the criminal -- to the presidential context, you come up with some of the frightening hypotheticals where as long as something is plausibly official, even if it involves assassinating a prominent critic or a business rival, that would seem to then be exempt, potentially, from criminal prosecution. we certainly wouldn't concede that if that's the world we need to live in, i think we would advance plenty of arguments below, but we really -- but those arguments themselves would cr

and nixon against fitzgerald it's reaffirmed. the unique nature of that particular office. >> even under clinton withers a deal cut under president nixon where there is a part in given? there is an assumption that you could be prosecuted because why enter into those particular ac? >> those examples are of purely private conduct. clinton against jones makes clear the stuff the president clinton cut and indictment deal about by admitting to certain wrongdoing in exchange for not being in that it was private coucnobody has contended the president -- private conduct pick the best is n be indicted for official acts. he referred to the pardon of president nixon. we have two thgs to say. president nixon was accused of a wide range of private conduct and facing potential indictment. >> -- back to purely private conduct. go to the indictment they are not alleging--they are alleging this is private condt subject to fraud, not official acts. wh you speak to that since you said we have to look at the broader quesonnd the indictment. >> yes,

>> meagan fitzgerald leading us off tonight. meagan, thank you. >>> back here in the u.s. now to the rush to return home this new year's day after a record-breaking holiday travel season. emilie ikeda's at newark airport just as millions are on the move across the country. emilie, how's it looking out there tonight? >> reporter: well, tom, you think about it, more than 115 million americans traveled for the holiday according to aaa and now many are returning home including today, one of the busiest days expected for airports. there have been only a handful of cancellations but more than 2,100 flights have been delayed. in the new york city area authorities warned pro-palestinian protests would lead to more delays. this as an estimated 100 million americans hit the road this holiday season but not without tragedy. in new york this morning police say a car hit a curb and flipped before another vehicle struck it, killing five people. meantime, back at the airports we're learning more about a 16-year-old who was flying by himself for the first time who accidentally boarded the

the crown was passed to her son, who is now king frederick x, our megan fitzgerald has a look at thet time, a procession fit for a queen. thousands of people lining the streets of copenhagen to witness a historic transfer of power, a grateful nation braving the cold on sunday to say thank you to denmark's queen, europe's longest reigning monarch after queen elizabeth. it comes two weeks after she shocked the nation with her new year's address, announcing she's stepping down from the throne due to health reeasons. but after more than half a century of service, she, with the stroke of a pen, is leaving behind a lasting legacy of modernizing the throne to her son. in keeping with danish tradition, her son frederick x joining the danish prime minister on the royal balcony declaring frederick as king. at 55, king frederick now tasked with pushing his mother's legacy forward. ste telling a cheering crowd he hopes to be a unifying king. he's already known for relatability among his people. but it's his wife, mary donaldson proudly standing next to the king making history as the world's firs

reporting here in london, megan f fitzgerald, nbc news >>> knew to t no >>> now to the golden state warriors grappling with the death of their assistant coach he died wednesday after being rushed to the hospital and the game has been postponed. steve kerr released a statement, calling the death as a blow. >>> the winter weather continues to wreak havoc across the united states there have been at least 31 weather-related deaths out west, an ice storm froze portland, oregon over, creating slippery conditions for pedestrians and drivers alike. in illinois, residents near multiple rivers are under a flood watches after ice jams spent the water levels rising. the levels can rise several feet in minutes. >> usually the ice jams in february, when it gradually thaws, but this was such a cold, a freeze, it happened all at once >> more snow is marching east this morning, heading across the midwest to the northeast meteorologist angie lassman is tracking the next set of storms for us okay, we just got over this one, we're ready for another one. >> here we go again. we do have some of that lake-effect s

and that's based on the case nixon versus fitzgerald. and essentially the president's lawyers are trying to reason by analogy saying that if the president's immune from damage actions arising out of his official acts he should also be immune from criminal prosecutions. and you know, the analogy only works if you think those two things are analogous. of course other people will say that criminal actions are more serious, the interests at stake that society has are greater and that there should be no immunity. and that's the struggle that played out today in court. >> but it was also not even just -- obviously we talked about the civil when it came to president nixon, the idea of the criminal prosecution here and what the extent of that is. but the question that was raise bid john sauer, this idea of george w. bush and the i intelligence that was provided to congress before the iraq war, is that something he could be prosecuted for, obama and drone strikes, raising that question? does what trump's attorney warned about here, is that a real

>> meagan fitzgerald leading us off tonight. meagan, thank you. >>> back here in the u.s. now to the rush to return home this new year's day after a record-breaking holiday travel season. emilie ikeda's at newark airport just as millions are on the move across the country. emilie, how's it looking out there tonight? >> reporter: well, tom, you think about it, more than 115 million americans traveled for the holiday according to aaa and now many are returning home. including today, one of the busiest days expected for airports. there have been only a handful of cancellations but more than 2,100 flights have been delayed. in the new york city area authorities warned pro-palestinian protests would lead to more delays. this as an estimated 100 million americans hit the road this holiday season. but not without tragedy. in new york this morning police say a car hit a curb and flipped before another vehicle struck it, killing five people. meantime, back at the airports we're learning more about a 16-year-old who was flying by himself for the first time who accidentally boarded t

let's talk to kate fitzgerald, fitzgerald group -- it's good to see you, welcome. >> thank you so muchaving me back, it's a pleasure. >> unbridled enthusiasm for apple here. >> i think this is a golden opportunity. both of your former guests are obviously extremely intelligent guys. they know their stuff. i respect their opinions. i don't think we are living on the same planet here. we are looking at apple and we are seeing a golden opportunity. you've got 200 -- a sensor platform, you've got a billion paid subscribers. you've got a business that is going 30, 40, 50%. and the services are censoring network, worldwide at this point. they are getting into finance, this is the year they will hear a.i. and apple in the same sentence. i frankly don't get it. i'm perfectly happy to buy more shares here. >> and when we talk about buying more shares, give us the case, keith, that this isn't the moment that we look back on and say, no, that was the year apple mature and its market cap never got back to where it was once. i keep the can buyback stop and it would do just fine. >> look at it this

i would just direct the court's attention to what the supreme court said in nixon against fitzgerald.ty sets the official above the law as, quote, rhetorically chilling but wholly unjustified. >> in today's hearing, donald trump's legal team made several references to another former president, richard nixon. specifically a 1982 supreme court case, where nixon was personally sued by a defense department whistleblower who claimed he was wrongfully terminated. the court ruled in nixon's favor, stating a former president is immune from lawsuits in civil cases, and that such immunity extends to all acts within the outer perimeter of his duties of office. the ruling did not, however, mention criminal charges. nor how overturning a democratic election so they can stay in office forever counts as any part of the perimeters of a president's official duty. meanwhile, the special counsel also cited nixon, although a completely different case, to bolster their argument. referencing u.s. v. nixon, the 1974 supreme court decision that forced the president to comply with a criminal subpoena for his

so fitzgerald sued nixon, accusing him of retaliation. in 1982, the supreme court ruled that the former president was entitled to absolute immunity from damages predicated on his official acts setting a legal precedent. a president cannot be charged with crimes for taking actions while performing their official duties. today a poll shows donald trump beating joe biden in michigan by 12 points. now polls like the polls we're looking at one of the greatest land slides in american political history. which is why democrats are desperate and are throwing a legal hail mary. biden's prosecutor is asking the courts if he's allowed to charge trump with a crime for challenging the election. the former president thought he'd show up to the hearing today. his defense team argued the president commands the executive branch and his chief executive officer, the constitution empowers the president to execute and enforce the laws of the land. now after an unprecedented mail in ballot election where rules were loosened on the fly and where the cia, fbi and

we have the case of nixon versus fitzgerald. now being relied on by trump, saying that he was doing nothing more than nixon was. it was a very different situation. that was a pure civil situation. this is a pure criminal situation. and then your earlier point about the impeachment thing, i think is wonderful. because the follow-up question that the judge asked after referring to that, earlier impeachment concession -- it was today's lawyer. and today's lawyer says, oh, it wasn't right due to cut. to maine, it is not an applicable tonight in terms of that latin law. and he said so because of the different proceeding. well, they are relying on this proceeding as being something that barr's future prosecution because he's already been tried. that are trying to claim this is double jeopardy. so they're all over the law, kaitlyn, all over the law. >> i take it you weren't impressed with the way that trump's attorney argued today? >> underwhelmed, i felt sorry for him actually. >> do you think it means that they are going to rule agai

completed basic training in the national guard and started working at the furniture store located in fitzgerald9, which his dad and singletons owned along with a second location in brunswick. in father bought out the singletons and ward and his brother came to work there. the family business will continue to live on with dwight's son, jonathan, taking over management there which marks the third generation of sweats in the store. congratulations, mr. sweat, on your upcoming retirement. thank you for your service to the community. mr. speaker, i rise today in remembrance of bob griffith who passed away at the age of 79. bob griffith senior was a known as a family man with dedication to his sport, his fellow coaches, and players. griffith was a former virginia tech team captain, having also coached at f and m county high school and others. he is also a member of the georgia athletic coaches association hall of fame and he was awarded both state and region coach of the year back in 1987. griffith worked for honored with a scholarship established in his name endowed by many of his former players. ho

fitzgerald, for example -- >> but that's a civil case. >> that's right. but i think we're going to try to draw from the principles because it's not settled yet in the criminal and it makes sense. a president has to have immunity for some of the reasons president trump said he can't have to be looking over his shoulder on decisions. let's take for example let's say president biden made a decision about the border to let certain people in. that person then committed a crime. some people might say cynically he was acting as candidate biden because he wants to get more votes in the latinx community and therefore he should be prosecuted. he would say i made a decision as president of the united states what the border policy should be. we can't have all these decisions second guessing. >> border policy is one thing, but what's that the heart of this are the efforts he took to stay in power. i mean do you really think they're going to find those were his officialdulaties as president? >> i think they should. one way of characterizing is to stay in power. the oth

. >> meagan fitzgerald joins us now. talk us about both of these issues. king charles and what the palace is calling a planned procedure of what kate had. >> reporter: the princess of wales is recovering in the hospital behind me, a planned abdominal surgery, according to the palace, was both successful and noncancerous, she's expected to stay in the hospital at least for the next two weeks before she'll be discharged. she'll be able to continue that recovery at home, but the medical advice according to palace, they want her to postpone all of her public appearances to stop working until after the easter holiday, that's significant. we're talking several months. we haven't seen kate middleton since christmas, she's not done any of her public engagements since the beginning of the year. but again, it's a positive outcome in terms that we learned that it was successful. >> in terms of king charles he'll undergo treatment for an enlarged prostate neck week. a recovery period that's said to be short. similar situation, he won't be doing any public appearances

nbc's meagan fitzgerald is following this for us. what's the latest there?: what we know is this is one of the most significant earthquakes that the western part of japan has seen in years. major tv network in japan have reported that three people have died. one of them dying after being trapped in the rubble. that continues to be a focus as officials say there are multiple reports of people being trapped under collapsed buildings and homes. roads have buckled and cracked making them impassable. the prime minister who will personally head the nation's disaster relief says supplies will come in by boat. at this point, that's the only way to make it in. the military has been deployed to help as tens of thousands of people are without power. shelters have been put in place because temperatures in the region are near freezing. it is also important to note that officials have confirmed that the nuclear plants in the region have not seen any irregularities. you can bet they are keeping a close eye on that as well. back to you. >> meagan fitzgerald reporting, thank

here's meagan fitzgerald. >> reporter: a procession for a queen who dedicated 52 years of her life tonhagen to witness a transfer of power, to say thank you after the death of her good friend the late queen elizabeth. it comes two weeks after queen margrethe shocked the nation with her new year's address. announcing she's stepping down from the throne due to a health reasons. first time that a danish royal has retired in centuries. but after more than half a century of service, margrethe with a stroke of a pen, is leaving behind a lasting legacy of modernizing throne to her son. in keeping with danish tradition, her son fredrik x is joining the prime minister on the balcony declaring fredrik as king. at 55, king frederik now tasked with pushing his mother's legacy forward, telling a cheering crowd he hopes to be a unifying king, though he is already known for his relatability amongst his people and his popularity just as high as his mother's. >> i think that he'll do well. he'll just, you know, be his own king. i think it is important that he is his own king. >> reporter: but it is hi

michelle grossman, meagan fitzgerald, thank you for the update. appreciate it >>> from japan to israel where air raid sirens are going off to mark the new year. a barrage of rockets launched towards tel aviv. inside gaza israel says it's withdrawing troops temporarily but warning the world they have no plans on slowing down their defensive. with netanyahu saying the war will go on for, quote, many more months. more and more facing catastrophic hunger and starvation according to the world food program. in the wider region tensions are rising quickly after a u.s. navy helicopter returned fire and sank three small boats carrying iran-backed houthi rebels. >> joining us is nbc's jay gray. jay, we want to ask you, what can many more months of fighting look like? >> reporter: look, prime minister benjamin netanyahu echoing what military leaders have been saying over the last couple days, that this is going to stretch several months into the new year. what we know is that the fighting continues to be very intense around the khan yunis area. that's where

joining me is nbc's meagan fitzgerald for more on this. i know it's around 3:00 a.m. in japan right now. where do things stand? >> reporter: what we know is this is one of the most significant earthquakes the western part of japan has seen in years. a major tv network in japan is saying three people have died. officials say there are multiple reports of people trapped under collapsed buildings, under collapsed homes. we know roads have buckled and cracked, making them impassable. the prime minister, which you mentioned, will personally head the nation's disaster relief, says supplies will come in by boat because at this point that's the only way. the military has also been deployed to help as tens of thousands of people are now without power. shelters have been put in place because temperatures in the region are freezing. also, it's important to note here that officials have confirmed that that nuclear plant in the region has not seen irregularities. you can bet that is absolutely something that they will also be keeping a close eye on. stephen. >> all right. certainl

we want to bring in nbc's foreign correspondent meagan fitzgerald who has been tracking this all this morning, and bill karins to help make sense of the science. do we have a better sense of the damage this quake has caused across that region of japan? >> absolutely. the latest here is that japanese officials have kept in place that downgrade of the tsunami warning for the noto peninsula which is right near the epicenter. they're telling people in the coastal areas not to return home. this continues to be a very serious situation. there have been multiple reports of injuries throughout the region, homes and buildings collapsed, video coming in showing waves crashing onto land. large signs inside a train station shaking. people running for safety. store shelves rattling. keep in mind, we're talking about some 33,000 people that are now without power and temperatures are near freezing. cities in the region are reporting that they no longer have running water and cell phones aren't working. meanwhile, local officials have also said that people are trapped beneath the rubble, so you got t

meagan fitzgerald joins me now from outside buckingham palace, meagan, what's the latest on the royals>> reporter: well, princess kate and king charles are said to be doing well, this morning kensington palace releasing a statement that princess kate was discharged from the hospital after that planned abdominal surgery that was noncancerous, she's back home in windsor recovering her. not long after we heard that kate had been discharged we found out from buckingham palace king charles himself was also discharged from the same hospital where he underwent under this planned corrective procedure for enlarged prostate on friday. his condition is said to be benign. he's also recovering. the palace does say he'll have a shorten recovery period, he has postponed all of his events until after that recovery is done. >> all right, we're glad they're both on the mend. meagan fitzgerald, thanks so much. >>> coming up, a colorado mother accused of murdering two of her children, why she appeared in a british court today. you're watching "nbc news daily." keep watching us streaming free 24/7 right he

military in those waters since the israel-hamas war began here is meagan fitzgerald. >> reporter: the most aggressive action yet against the u.s. navy in the red sea since the israel-hamas war broke out the u.s. defense department saying four boats with houthi rebels from yemen firing on u.s. navy helicopters those choppers firing back, sinking three of the four ships and killing all crew members on board. the fourth boat got away the incident started when the small boats started smiering on the "maersk hangzhou" vessel they started firing back until the navy arrived the u.s. central command saying the rebels were feet away from getting on board the merchant ship the thinks are an iranian-backed rebel group which controls large parts of yemen how big of a threat are the houthi rebels? >> they've been a surprisingly large threat they say they're targeting israeli shipping or israel-associated shipping, but in fact they're going after what really is 12% of all global commercial traffic >> reporter: subpoenaed's incident, the first time the u.s. has used deadly force while responding to

as nbc's megan fitzgerald reports, the quake triggered tsunami warnings. >> reporter: good to be with you. japanese officials have downgraded from a major tsunami to a minor tsunami warning near the peninsula. a 7.2 earthquake hit off the coast of japan here the ishikawa prefecture, about 140 miles east of tokyo. this earthquake was felt on land across the region, even as far as tokyo. we are seeing video coming in capturing the moments this quake hit. you can see waves coming on land, large signs inside a train station shaking, people running for safety and store shelves rattling. homes have collapsed and others have been damaged. local officials confirm that people have been injured by fallen debris and taken to the hospital. at least six people so far reportedly trapped beneath fallen rubble inside homes. while we have seen this downgrade in the severity of the tsunami warning, meteorologists have measured the highest wave around 4 feet high but say they could see waves exceeding 16 feet. at this point, some 33,000 people are without power. we know that shelters are going up in the

nbc's meagan fitzgerald joins us from london. what do we know? look, just within the last couple of hours we're learning some significant information about the health of both the princess of wales, along with king charles. i'll start with the princess of wales who is recovering from abdominal surgery behind me here. according to kensington palace, this was a planned abdominal surgery that took place yesterday. it was successful. it was not cancerous. she will continue the rest of her recovery at home and according to the statement that we just heard from, basically they're saying that doctors are ordering her to try and stay out of any of the public duties that she has until after easter. so we're talking between two to three months that we will likely not see her and just for context here, we have not seen the princess of wales since christmas. so, the circumstances around this surgery are still unknown. but then, of course, just from the last hour, we're learning that king charles will be going to the hospital for a procedure next week for an e

nbc's meagan fitzgerald is following this for us. this went on for hours. now and what did we hear? >> reporter: i'll start with south africa because they presented their case first and argued that israel is committing genocide through various aspects of their military campaign and they've imposed conditions on the territory that can't sustain life. the attorney talked about the mass displacement and indiscriminate bombing of innocent civilians, how there isn't adequate health care and aid is being restricted into the enclave. attorneys also highlighting how the territory is on the brink of famine and disease is quickly spreading. then we saw south africa's legal team really hitting on inciteful comments made by high ranking israeli officials, which they said have genocidal intent citing comments made by israel's defense minister at the beginning of the war calling for a complete siege on gaza and calling the palestinians animals. today israel fired back telling the panel of judges that south africa presented a distorted case and manipulated the reality of

nbc's meagan fitzgerald is live outside the clinic in london. what more do we know about kate's condition? >> reporter: chris, good to be with you. what we know is according to kensington palace, the princess of wales underwent this planned abdominal surgery yesterday. it was successful, noncancerous. she's going to remain in the hospital behind me for two weeks. after that, she'll continue her recovery period at home. it is by medical advice. they are saying she not have public appearances, essentially not work until after easter, so we are talking about a significant amount of time here since the fact that we have not seen kate middleton publicly since christmas. >> we learned today that king charles is going to get treatment soon. what can you tell us about him going to the hospital? >> reporter: you're absolutely right. we heard from buckingham palace, that king charles will be undergoing treatment for an enlarged prostate. his condition is benign, and his recovery will be a short recovery. they didn't elaborate on that, but he will not have

joining me now with more is nbc news foreign correspondent meagan fitzgerald.ements, are there any concerns as to what could be involved? >> reporter: is you know, andrea, there's certainly concern around this. we've been speaking with royal experts who say, you know, the length of time that the princess of wales is meant to recover certainly shows just the seriousness of the operation that she had yesterday. but the information that we're getting certainly positive. according to kensington palace, they say that the procedure yesterday was successful, and this is non-cancerous. she will stay in the hospital behind me here for up to two weeks recovering. after that, she will then be released to go home where she will recuperate for even longer. not expected to do any duties until after easter. that's due to the medical advice that she's been given. as far as the king is concerned, we know that he will be doing this procedure for an enlarged prostate that's scheduled for next week. we understand that his condition is benign, and we know that he will have a short

nbc's meagan fitzgerald joins us from london with more now.se and the conditions of his parole? >> reporter: ana, good to be with you. what we know is that oscar pistorius was released from a pretoria prison early this morning. he's believed to be staying with his uncle in a suburb just outside of pretoria. this is possible because of the south african law that allows convicted felons to be eligible for parole once they have served half of their sentence. but look, he's got a lot of conditions around his parole. we know that hcan't drink alcohol. he can't leave the community that he's living in without getting permission from the department of corrections. we know that he has to notify them of their -- of his movements and also that he will be receiving these spontaneous visits from department of corrections officials. he will have to serve community service and undergo anger management courses until december of 2029 when his sentence is officially over. and should he violate any of these orders and these conditions around his parole, he will

and they got rid of him. >> so fitzgerald sued nixon, accusing him of retaliation. but in 1982, the supreme court ruled that the former president was entitled to absolute immunity from damages predicated on his official acts, setting a legal precedent that presidents cannot be charged with crimes for taking actions while performing their official duties. >> today, a poll shows donald trump beating joe biden in michigan by 12 points. >> now, if polls like this hold, we're looking at one of the greatest landslides in american political history, which is why democrats are desperate and are throwing a legal hail mary. biden's prosecutor is asking the courts if he's allowed to charge trump with the crime for challenging the election. the former president thought he'd show up to the hearing today. his defense team argued that the president commands the executive branch and is chief executive officer. the constitu empowers the president to execute and enforce the laws of the land. now, after an unprecedented mail in ballot election where rules were loosened on the fly and

us outside the hospital where the princess is receiving treatment is foreign correspondent, meagan fitzgeraldu for being with us. what does the palace say? >> reporter: i'll start with the princess of wales. she's recovering from planned abdominal surgery. according to the palace, it was successful and it was noncancerous. she's going to remain in the hospital for at least the next two weeks. then she will be able to be discharged and will continue her recovery at home. this is a long recovery. medical advice, according to the palace is that she doesn't do any public events. she doesn't work until after easter. we are talking several months. we have not seen the princess of wales since christmas. she has not done public events since the beginning of this year. it certainly speaks to the severity of the surgery that she had. >> what about king charles, also some medical news for him? >> reporter: yeah, that's right, earlier today, we heard from buckingham palace, king charles will be undergoing treatment for a large pancreas next week. this is a benign case, we know that his recovery is suppos

one of the remedies that deals with absolute immunity according to nixon versus fitzgerald is the ideaerrent effects on a presidents bad conduct through constant scrutiny by the press in vigilant oversight by congress. i mean, nick, we are not getting that from the press courtesy of the fox news's of the world, et cetera, and you are not getting that vigilant oversight by congress. how is a possible that a president could ever achieve absolute immunity? >> there is no way a president can achieve absolute immunity in the criminal sphere. the case that you just mentioned, that israel case, is a civil case and that makes sense. a president should not be tied up with civil litigation for basically turning out what are, in effect, normal acts of a president that contemplated in the executive branch. this is completely different. this crazy theory could have only been created in the trump university law school. i, mean there is no way this could have ever come up under any circumstances. the same issue i dealt with 50 years ago in the watergate case with richard nixon. we never bought for a

this is a race against time to get people who are trapped beneath the rubble in london, megan fitzgerald, nbc news >>> the biden administration asking the supreme court to let border patrol agents cut or remove razor wire that texas has installed in its border with mexico texas had sued the federal government for cutting so. ra razor wire, meanwhile, the administration had wiwill rai o freopen four points of entry. >>> the 2024 election year has begun. the first contest, the iowa caucuses are less than two weeks away and polls suggest donald trump has a more than 30-point advantage. ron sdanlts desantis and nikki h battling it out for second place. >> waterloo, thank you very much >> reporter: with the iowa caucuses less than two weeks away, donald trump towering over the gop field, inflicting the power of his die hard base >> the poll numbers are scary, because we're leading by so much the key you have to get out and vote >> reporter: the former president boasting a 30-point lead over his closest rivals in the hawkeye state, gaining strength despite growing legal challenges, 91 criminal

want to bring in meagan fitzgerald who is following this story for us from our london news room and nbc news aviation analyst captain john cox. what more have we learned about the collision and how everyone on the jet was able to get out? >> reporter: well, yasmin, like you mentioned, this all happened on the runway of tokyo's haneda airport, one of the busiest in the country. it appears as though this collision happened as the passenger jet was starting to taxi. that still is unclear. we're not getting a ton of information from japanese officials. but according to local video, from local tv stations, you can see this large eruption of fire and smoke from the side of that passenger aircraft. not long after the plane is just engulfed in flames. the ap is quoting a passenger who escaped the plane, he says that quickly this cabin fills up with smoke, the emergency doors open, passengers shoot out as fast as they can, they're on the tarmac running, he says, running to this nearby field. he describes this chaotic scene. and also, you know, it is worth noting that japan's transport minister,

foreign correspondent meagan fitzgerald joins us now with more. what do we know about how the king's procedure went today? >> reporter: well, ellison, according to buckingham palace the king had his procedure this afternoon and said to be doing well. the palace has previously said the king's condition is benign and that he'll is have a short recovery period, but they're not releasing a whole lot of details here, so at this point it's still unclear as to how long he'll remain in the hospital, but the palace is saying that he will have a short recovery period and will then resume his public duties, ellison. >> this is the first time we've seen two senior working royals being treated at the same hospital at the same time. how rare is this? i mean, like i said, this is the first time, right, correct me if i'm wrong on that, and do we have any updates on the princess's condition? >> no, you're absolutely right, this is certainly not anything that we have seen in most recent history, and also we've not seen this level of transparency from bucking ham or

and child in mirror fitzgerald square pool to give the media figures reports as i'm concerned, citizens to condemn the indiscriminate file in some, fix it by journalists and constance. those and demand justice for the phone and the visual organized by fonts f content. and this themselves is happening concurrently in full major cities across the country. it's aimed to shed light on the pipes of journalists working in dangerous areas and the increasing traits the face. my was to remind the jealous that when the fellow gender said dying, they shouldn't wait for this to come out solid data t. he's that live giving principle is called locks it, you know? and dennis is being the word for the other. so in children died in 2022, right? uh, the june is sure to get it. but he can see the precious, the on the, on the commercial media for the free to come. we appreciate what they're doing. but we also want to tell the international community every won't be silent when joining this being killed. it's an international time. it's killed genuine. so we want them to know that we're here also generous in

megan fitzgerald for us.egan, thank you >>> we're also following breaking developments from the middle east as well. israel's military launching new strikes in gaza, also announces it will soon start withdrawing thousands of troops in the coming days. nbc's matt bradley is in tel aviv with the very latest. matt, good morning to you. >> reporter: good morning, guys. there was no break in the fighting over the holidays now it looks like this conflic may be expanding, potentially driving the u.s. into a direct confrontation with iran. this morning the war in the middle east spilling beyond israel's borders. tensions between the u.s. and iran escalating on the high seas. iran had supported rebels in the red sea attacking ships, but is now deploying a warship there for the first time since the conflict began. raerp's warship entering the red sea according to the news agency. it comes as the u.s. navy is confronting those iran-backed militants, the houthis. american helicopters repelling an attack, killing 10 houth

. >> i played for the legendary coach lloyd in football, legendary coach fitzgerald, basketball, wholly are responsible for everything i know about athletics, about people, about life, about faith. those two people. >> he started coaching in 1980 at his alma mater, racking up titles and accolades over 13 seasons, six followed at justin-siena high school in napa for 12 seasons. he had another stint at newman in that signature zip sweater before joining saint vincent four years ago. countless tournaments, titles and accolades, some displayed in his classroom. >> we beat archbishop mitty wire to wire 6257. one of the very best games that my team's ever played in and it was on that floor. this was a phenomenal team. >> let's just take a look at the numbers. he is the winningest coach in sonoma county, second all time in the north coast section, sixth all time in the state of california. and oh, by the way, one of the top 30 coaches in the country currently sitting at 860 wins and counting . >> i've been teaching for 47 years. i've been a head coach, 42 years, but i've taught 8500 kids. >

. >> while i played for the legendary coach lloyd and football legendary coach fitzgerald.tball who really are responsible for everything i know about athletics, about people, about life, about faith. those two people. >> he started coaching in 1980 at his alma mater, racking up titles and accolades over 13 seasons. success followed at justin-siena high school in napa for 12 seasons. he had another stint at newman in that signature zip sweater before joining saint vincent four years ago. countless tournaments, titles and accolades, some displayed in his classroom. >> we beat archbishop mitty wire to wire, 6257. one of the very best games my team's ever played, and it was on that floor. this was a phenomenal team. >> let's just take a look at the numbers. he is the winningest coach in sonoma county, second all time in the north coast section, six all time in the state of california. and oh, by the way, one of the top 30 coaches in the country currently sitting at 860 wins and counting . >> i've been teaching for 47 years. i've been a head coach 42 years, but i've taught 8500

oh, i scott fitzgerald said that little lies are hard to keep under wraps. but big lies are easy because of our any credibility. yeah. you mentioned the rape, one of one thing i found out, which is very interesting. and if there's gotta be a name for this, like the men della effect or something, i don't know. but if i come up with a story that is show her riffing involving please forgive me decapitation rape, different bomb and vis or ration burning children babies, infants, incubators, name it. if i come up with something, and let's assume, argue window, just for the sake of argument that it's all false. and you want to refute that. the 1st thing i'm going to say is how dear you sort to, because of the level, the degree of, let's say, the lie, i don't know about you, but i have the certain people in my lives who have been perennially clueless. and i have heard more friends and people that i know could people say i had no idea. yeah . and what you are seeing is this, this blood brain barrier between the new york times and conventional legacy media and the re

the van called in mary fitzgerald square to give the media figures reports as i'm concerned, citizens to condemn the indiscriminate silence inflicted by gentleness and concerns, and demand justice for the phone and the visual organized by saw that f content and as themselves is happening concurrently in 4 major cities across the country. it's aimed to shed light on the pipes of journalists, what can be dangerous areas, and the increasing street c 6 minus to remind a june list. that when the fellow joined us dying, they shouldn't wait for this to come out solid data t. he's that live giving principle. it's called box it, you know? and then i say, is it being the word for the other? so in children died in 2022, right? uh the jewish or to get it. but you can see the precious, the on the, on the commercial media for the free to come. we appreciate the work that they're doing. but we also want to tell the international community every want to be silent when joining this up, being killed. it's an international time to kill genuine a. so we want them to know that we're here also generous in

and what's also is, is that we cannot handle, i hate to keep doing this, but the scott fitzgerald said that the great mind could handle 2 seemingly inconsistent thoughts. you know, did this claudia and gay of harvard? yes, she was wrong by basically booting students out because they didn't, you know, use the right pro. now it's okay, that's one issue. but if i stand, we have supreme court cases, brandy bird against ohio, that says, i can say that alsatian, we should be, we know the eliminated from the are as well as i don't inside people. it's so i thought i thought it respect, if i can a terrorist, i could have been lied and you can say, whatever you want about russia, nobody's going to kick you off a bad. the cap is about that. and the selective pro tilly is stupid observation of selective speech. in the meantime, when all of this is, is all hopefully we're adopt, we will have lost yet more of our free speech fabric. yeah. but lying a little bit, why no would, would, would, would, is what's even more painful. let me go to daniel on this here is that, you know, a prior to all this, yo

oh, i scott fitzgerald said that little lies are hard to keep under wraps. but big lies are easy because of are in crude jewelry. yeah, you mentioned the right 11 thing i found out which is very interesting. and if there's gotta be a name for this, like the mandela effect or something, i don't know. but if i come up with a story that is show her riffing involving please forgive me decapitation rape. different bomb and vis or ration burning. children babies, infants, incubators, name it. if i come up with something and let's assume, argue, endo, just for the sake of argument, that is all false. and you want to refute that. the 1st thing i'm going to say is how dear you, your, to, because of the level the degree of, let's say, the lie. i don't know about you, but i have the certain people in my lives who have been perennially clueless. and i have heard more friends and people that i know could people say i had no idea. yeah . and what you're seeing is this, this blood brain barrier between the new york times and conventional legacy media and the rest of the wo

how in mirror fitzgerald square pool to give the media figures for portez and concerned citizens to condemn the indiscriminate filing some fix it by journalists and constance, those and demand justice for the phone and the visual organized by thoughts as content and as themselves is happening concurrently in full major cities across the country, it's aimed to shed light on the pipes of journalists working in dangerous areas. and the increasing traits, the 6 miles to remind the jealous that when the fellow genders died, they shouldn't wait for this to come out solid data t. he's that leg giving principle. it's called box it, you know, and dennis is being the word for the other. so in children died in 2022. right? but the jewish you don't get it. but you can see the precious, the on the, on the commercial media for the free to come. we appreciate the work that they're doing. but we also want to tell the international community every want to be silent when joining this being killed. it's an international time, it's killed genuine. so we want them to know that we're here also generous and gaza