agency placed a spy in the trump campaign. off again, on again after cancelling a historic summit. the president suggesting he might be able to salvage that sit down with the leader of north korea. >> we'll see what happens. it could even be the 12th. we're talking to them now. day in court. facing multiple charges of rain. disgraced movie mogul harvey weinstein is booked before the world and walked out in handcuffs. one of his accusers spoke last hour. >> today we rejoy. tomorrow will be hard again. today we can have a moment for all of us. this is for all of us who have been told we're nothing. democrats are protesting

against the white house decision to have the president's chief of staff and his lawyer show up at the onset of two classify tds intelligence briefings on the russia probe in which the president is a subject. trump attorney emmett flood and john kelly both coming to both briefings. the first at the department of justice. the second in congress secure intelligence rooms opinion an unprecedented intrusion in the classified intelligence process by the president oos advocates. they were demanded by house republicans to review sensitive information about the fbi's use of informant at the beginning of the russia probe. the president has claimed without any evidence that the fbi embedded a quote spy in his campaign. the president wanted them to attend and saying they are entitled know what the government has on fbi informants who met with members of trump campaign.

nbc kelly o'donnell is at the white house for us and pete williams joining us from the news room here in washington. >> rudy giuliani doesn't make any fwobones about it. >> reporter: in my conversations with rudy giuliani he's talked about the necessity for the trump legal team to know as mump about the fbi's use of an informant prior to the president submitting to any interview should this come to pass. they want know what was included in documents that would typically been the reports based on any intelligence or information provided by a confidential human source, an informant. that's not a surprise coming from the trump legal team. when you're talking about john kelly, chief of staff and emmett flood special counsel inside the white house, both federal government employee, it's been described to us their presence was more to frame the white house point of view in a way to

spin the president's desire to have this kind of a briefing and to argue that he does want transparency and wants there to be a proper airing of this information. they knew there had been big blow back by taking this out of the normal chain of how these matters are briefed to members of congress who have direct oversight or the leadership who are commonly known as the gang of 8 who have the most access to government secrets with the congressional point of view. >> whiy did they agree to this? >> they didn't want to do this. there's two reasons. one is partly because congress has been demanding it and there's always been this threat that if congress doesn't get what it wants, it could initiate proceedings to get rid of rod rosenstein, but the larger reason is the president said he

wanted them to do it. the president has basically directed the justice department to cooperate with the congressional republicans in giving them access to the documents and letting them look over the shoulders of the fbi while it's in the middle of a criminal investigation. very unusual but the justice department, to large extent, what doing what the president wanted them to do. >> thanks to kelly o'donnell and pete williams. joining it seems to me the former director of the cia and security and intelligence contributor. john you and a number of your colleagues, former cia directors all protesting this from different administrations. it goes fr what was so unusual and so offensive? >> in our experience these very sensitive counter intelligence investigations need to be handled very delicately and in a bipartisan manner.

what i've seen they're doing, he seems to not want to do anything in the traditional bipartisan way. when it affects counter intelligence investigations this has real serious consequences that can be very harmful to what the investigators need to do in order to uncover the facts. >> it's harmful to this investigation you would allege but also to other informants out there who would not be afraid their identities will be disclosed as this was. they cannot be promised the confidentiality they need. >> i think there's a lot of questions in the minds of vi individual who is may be informants or individuals overseas who are doing things on behalf of the united states government when there's this cavalier and inappropriate handling of information and trying to expose names of individuals doing things that they put themselves at risk

reputationally and as well as in danger. >> the president was tweeting about this today. i want to get your reaction. he wrote everyone knows there was a spy. in fact the people who were involved in the spying are admitting that there was a spy. widespread spying involving multiple people. mollie hemmingway hastes this monster story. he's kwequoting from a friendly source. he keeps using the word spy. he's a master of branding. he called it spy gate. what's the difference between an informant and a spy? >> first of all i think there's very typical of mr. trump to mischaracterize. he's a master of mischaracterization and dishonesty. a spy is recruited.

usually it's a foreign national who is going to work on behalf of u.s. intelligence agencies and provide information about issues related to our national security. a confidential human source is what the fbi uses in order to have some insight into what may be going on that could involve criminal activity and so to label someone as a spy when they are confidential human source is doing a disservice to these individuals but to the fbi. this is something that mr. trump is masterful at in terms of twisting the truth in order to support his narrative. >> what's the difference between an informant who tries to find out at the beginning of this investigation, an informant trying to find out if there's truth to allegations of russian collusion or someone who is embedded and planted spying inside the campaign as the president describes it?

>> for fbi investigations there need to be a predicate. needs to be a premise to be able to pursue these leads. this is what the fbi needs. a lot of people are saying the fbi and the cia didn't do enough to uncover. this is what the fbi was supposed to do and thankfully they did it. this is essential for fbi to be able to do its work. >> isn't this less intrusive than putting a wire on someone or asking for a fisa warrant on

an american citizen? >> they may use a confidential human source. they may use some type of physical or technical surveillance. they may use other types of authorized techniques in other words to gain that kind of information that's going to allow them to better understand what foreign actors, in in case, russia was doing to try to undermine our democracy. >> you're one of the top advisors in the nsc in the obama white house and had a long experience as an intelligence officer studying north korea and other hard targets that's perhaps one of the hardest targets. here we have the president cancelling a summit without notifying his allies or a congress and some said there's been reporting that it was done on the advice of john bolton without proper notice, prior notice or prior discussion of full national security counsel discussion with his own

advisors. there's a denial today from senior officials that there's a rift between bolton and the secretary of state. they have discussed this with the president today but in any case there's a lot of reporting that bolton was advocating getting out of summit long before secretary pompeo and secretary mattis were. how would you describe the process as you see it from the outside? >> well, i think we all knew that donald trump was inexperienced in international affairs and complex issues like north korea and in the ways of diploma diplomacy. he's not only demonstrating inexperience and also incompetence. he's moved on these matters based on what his gut and instinct tells him. his acceptance of summit quickly without thinking through it or talking about i want with his advisors showed the way he pursues the art of the deal which is very, very dangerous when dealing with such matters. also what we have seen in the

past several days is the lack of coordination and coherence in the approach. i wouldn't refer to it add a strategy. secretary pompeo was blind sided by this as was president moon of south korea. he needs to make sure they are kept well informed and interacts with them to try to get their perspectives and deals with a vexing issue such as north korea in the most competent and coherent manner. i think he has failed to show that. i think it's critically important to have that dialogue taking place. >> do you think it's important to bring china on board because there's a lot of reporting i've had and other experts suggesting, as the president suggested, that china may have

gotten north korea kim jong-un at that second meeting with xxi to toughen his stance. >> i don't think that president xi was a bit upset that there was going to be the u.s.-north korean summit without china. china has been the protector of north korea. maybe it's time to try to reinitiate the six party talks. i think bringing the parties to this issue together and not just having these engagements. >> always a pleasure. coming up, charged. harvey weinstein indicted for rape and sex crimes. live from the courthouse next.

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disgrace ed hollywood mogul harvey weinstein arrested on rape and other charges. this comes months after a slew of allegations toppled his career sparking be metoo movement.

the charges stem from two women. one who said he forced her to perform oral sex during what she expected to be a casting meeting. he's been charged with first-degree criminal sex act in that case and first degree rape and third-degree rape in another. he's denied all charges. the 66-year-old is currently free after posting a million dollars in cash on a 10 million dollar ponbond. surrendering his passport and wearing an ankle bracelet at all times. welcome. you were there. it looked like a circus out there as you were all gathered around the criminal attorney. tell us the key points about what took place. >> reporter: it was extraordinary for this man who was once one of the most powerful men in hollywood and because of the work he did with women, many of them ended up on

the red carpet. now he ended up, today, in a perp walk with his hands handcuffed behind him going into this courthouse to face charges that you pointed out. rape in the first degree, criminal sexual assault. he had his powers stripped from him. very quiet, not much said from harvey weinstein. his attorney came out here and spoke with reporters afterwards and said he is going to fight these charges. harvey weinstein denies that anything these women allege happens. the difference is this happens in the right of what you said is the metoo movement which was sparked by the dozens of charges that were waged against harvey weinstein who exhibited or pointed out a pattern of behavior they allege on the part of harvey weinstein meaning that young women who were asked to come to his office or to his hotel room and thinking they were going to get some help in

furthering their career. instead they got something that was very much unwanted in kind of sexual unconduct. in terms of the monitor, the court says he will be allowed to move between new york and connecticut but any effort to move outside of these states will have to be agreed to. >> i saw in the court appearance that he agreed to not fight extradition from any other jurisdiction and gave up his passport and not be able the fly around the world as he wants to do. i was struck by the defense. >> my job is not to defend behavior. my job is something to defend something criminal behavior. bad behavior, mr. weinstein did not invent the casting couch in hollywood and to the extent there's bad behavior in that industry, that is not what this is about.

bad behavior is not on trial in this case. >> reporter: pretty extraordinary. daniel goldman, how hard is it to prove cases like this when a lot of his behavior, alleged behavior happened years ago and when you've got an aggressive, experienced criminal attorney who is definitely going to put these victims on trial. >> you just highlighted the difference between the court of public opinion and the metoo movement and the belief that harvey weinstein has assaulted many, many women as many people have come out and say. the difference in the actual courtroom and in a trial situation and there's not only the issue of evidence which is difference from what we may talk about in our daily lives but there has to be admissible evidence and proof beyond a reasonable doubt. that's why these cases are very, very difficult. you're going to have someone

like ben who i've had cases against and is a very, very good defense lawyer. he's going to be able to, not necessarily, to attack the women in a typical rape case but bring out the fact they wanted to get something from harvey weinstein too. that's going to be, i think, what he's setting up the defense. it may not be nice conduct that he abused his power but these women agreed to do it for a variety of reasons and when you have to prove the case beyond a reasonable doubt, that is a viable defense, i think in this case. >> then the question will be he also raised whether you can get a jury in the situation given the fact that he's been reported on and vilified and become a symbol of all the excesses that's been alleged. mr. goldman, one thing comes to mind. why wasn't he charged before the

new york times there was reporting. wasn't the rape allegation several years ago? >> there was an allegation that he fondled a woman and then the nypd wired up the woman and made a recording of harvey weinstein the next day, i believe talking about what happened the day before and ultimately the da's office decided not to go forward on that case because there were conflicting stories and they were concerned about the witness's credibility. that goes to the point that you're raising which is a good one. this appears to be, by all accounts, a much more extense i ive investigation than you might see. there are reports the investigators have traveled all over the world interviewing people and one of the critical issues that will come out is whether or not the judge will allow evidence about other

allegations to come in. that's a very tricky legal question. the fact that he used by the public accounts that we have seen, the same m.o., the same method to do this may be the avenue for prosecutors to get in some of the other evidence. that's something to keep an eye on. >> thank you for your expertise. quite a media circus. thanks so much for being with us today. appreciate it. coming up, mixed messages. why president trump now says talks with north korea could still happen on june 12th. you're watching andrea mitchell reports. stay with us. find the remote yet? nah. honey look, your old portable cd player.

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despite president trump's abrupt cancellation of his scheduled june 12th summit yesterday. done so hasttyly he did not warn south korea, japan or members of congress. today the president seems to keep it open. will reopen the door to schedule the meeting. leaving the white house he said both sides are still talking after what he called north korea's quote very nice response to his letter.

now defense secretary james m mattis said the summit could be back on. >> possibly some good news on the korea summit where it made our diplomats may have it back on. >> joining me is democratic senator of maryland. thank you for being with us. i would understand if you have a little summit whiplash. on off, back on. >> it's been chaos. >> should they try to put this back together? >> an issue about a summit all along is this is something that north korean leaders have wanted for a very long time. it elevates the north korean leader on the world stage. which means if you're going to have a summit when ever you do,

but you better really have your plan in place to get what the united states wants and needs out of that. i've seen absolutely no evidence that that's going to happen right now. if the president thinks this is going to be one big photo op then that's big one for kim jong-un. we better have a strategy in place and the fact that we don't even communicate with our allies in south korea as we make these decisions, suggests to me there's no strategy at all. >> one of the kvconcerns has be what is china's role. the president raising the prospect that president xi tried to slow down this process. my own reporting seems to indicate that as well. what is china's equity in this? >> china wants to keep a close hold and close lever on north korea and so they are clearly involved in this.

president trump's decision to roll back penalties on zte that was caught cheating with respect to our north korea sanctions. the president talking about rolling back the strategies undermines strategy of putting maximum pressure on north korea. go ahead. if you get caught, maybe you can cut a deal with the president. that's why the congress, the senate on a bipartisan basis voted to prohibit the president from yun lunilaterally cutting those deals. >> congress is being notified that the administration has agreed with china on plan to revive zte and we should point out this is not just a telecom company that is doing unfair trading. u.s. military are not allowed to

buy these phones because they can have back doors and other ways where the chinese can get into them and spy on us. >> that's right. we've had testimony about the risk zte poses to u.s. national security. on topviolated our sanctions. they were caught. they lied repeatedly which is why we placed these penalties on them. congress will vote this coming week, the week after this, as part of armed services bill, the national defense authorization bill. there's a provision that would prohibit the president from y unilaterally making the change. it would require to make certain certifications with respect to zte. there's strong bipartisan resistance to this idea of president trading away important

national security measures and enforcement efforts in order to cut some other kind of deal with china, whatever that may be. this is all part of this mix with north korea but giving a break to zte undermines our maximum pressure sanctions effort against north korea. >> very briefly, i want to ask you about the chief of staff and the president's personal lawyer going to the safe room and at least being there at the beginning of not one but two classify briefings. one for the gang and eight and earlier at the department of justice. unprecedented involvement by the white house and by the president's attorney when he's a subject of the russia investigation. >> it's totally inappropriate. this is where you would hope that republican leaders in the house and senate would have stood up for the rules of making sure we have the right separation of powers here.

the president's raise these claims of spying but by sending his own people into the room with members of congress who are being briefed on an ongoing investigation, the signal that a lot of people believe he was sending was okay, members of congress, nunes and others just let me know what this information is. in other words, using them the spy on the doj investigation. this is totally inappropriate. it's part of an ongoing effort of this white house to distract attention and sabotage an investigation where every american has an interest. you would have thought the president had an interest in getting to the bottom of this and allowing the rule of law to apply. the fact they are so focused on trying to blow it up, obviously raises the question what are they worried about ? why is the president so worried

about what mueller might find? >> thank you very much. a good memorial day weekend to you. >> thank you to you and the listeners. coming up, penalty flag. the nfl new national anthem policy. stay with us. . (gasp) (singsong) budget meeting! sweet. if you compare last quarter to this quarter... various: mmm. it's no wonder everything seems a little better with the creamy taste of philly, made with fresh milk and real cream.

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over national anthem protest. the league outlining its policy to fine teams. a move to repair a public out cry fueled by the white house after players protested social injustice. the policy allows players to remain in the locker room during pre-game ceremonies if they prefer. the response from around the league was swift. first it was agreed to without consulting the players union which is vowing to challenge the policy and there are new reports that the league members never took a formal vote. joining me now is jonathan jones, national nfl writer for sports illustrated and jonathan capehart. >> loosely a reporter. >> jonathan jones, you were at the news conference with goodell. there are reports they didn't take a vote.

i wanted to show you questioning him about the policy. >> whose the arbitor of respect for the flag? what would be considered disrespect for the flag and anthem and why would the league and owners kind of willingly attempt to police something that is subjective like this? >> well, i think good general public has a very strong view of what respect for the flag is in that moment. i think the general arbitor will be the club and the leagues and we'll get their viewpoint. >> in other words, he didn't have an answer for you. >> it was pretty unsatisfactory. i guess the idea that everyone understands what respect for the flag is. everyone who is many the stands is taking pictures on their cell phone. that's not respecting the flag. there are folks getting concessions. if you're at home you're grabbing a beer.

the idea is rooted in the white male and especially the white male conservativconservative. i think it's forgotten a whole other set of the fan. not just the people who are threatening to boycott the nfl because of players kneeling but the people who decide to tune out of nfl because the nfl's response to those players kneeling. i think it totally ignores those fan who is look a lot like me. >> in fact, jonathan capehart, this is predicated on a whole political assumption where president trump as candidate trump and president tried to make much of it to appeal to his base for whatever reasons. made something that colin kaepernick did to be treated prejortively rather than an isolated incident or something an express of first amendment rights. >> i'm an opinion writer and i'm

going to be blunt about what the president did. this was racial dog whistle politics. if he's going to play to his base by targeting an african-american football player because he's nekneeling becausee wants to draw attention to the fact african-american men and boys were the target of police brutality and gun violence, why must you gin up your base to make an example of this person in a league that is predominantly african-american. >> more than 70%. >> right. >> let me play something that the president said for both of you. the president said on fox yesterday and get your reactions. >> well i think there's -- i don't think people should be standing in locker rooms but it's good. you have to stand proudly for the national anthem or you shouldn't be playing. you shouldn't be there. maybe you shouldn't be in country. you have to stand proudly for the national anthem and the nfl

owners did the right thing if that's what they have done. >> jonathan jones, he's suggesting if you don't stand for the flag then you should be kicked out of country. >> it's totally ridiculous. then he's going to take credit for this. this was the problem with the nfl's policy in first place. it's this five or six pronged policy that leaves itself wide open to interpretation. what they try to do is extend a number of half measures to satisfy every one, at least a little bit. ultimately you don't satisfy everyone at all. here you have donald trump, man you're clearly trying to satisfy and he comes out and says i'm not satisfied hthen he takes credit for that in the follow up question after that. when you take half measures trying to satisfy all you end up not satisfying anyone including the person who you knew was going to come out against it.

>> a final thought. >> that was an example yet again of just sort of moral void that exists in the oval office. for him to say that about american citizens exercising their instituticonstitutional r free speech is abysmal. >> thank you for very interesting conversation. coming up, portrait of american hero. a new documentary about senator john mccain premiering this moral day weekend. stay with us. - i love my grandma. - anncr: as you grow older, your brain naturally begins to change which may cause trouble with recall. - learning from him is great... when i can keep up! - anncr: thankfully, prevagen helps your brain and improves memory. - dad's got all the answers. - anncr: prevagen is now the number-one-selling brain health supplement in drug stores nationwide. - she outsmarts me every single time. - checkmate! you wanna play again? - anncr: prevagen. healthier brain. better life.

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i was worried about john out of hospital and now he's a little stronger and every day's a blessing. i enjoy our time together and i'll go see him soon. >> republican senator lindsey graham on the today show talking about his friend john mccain as the arizona senator battles brain cancer and the debilita debilitating side effects of his aggressive treatment. now a documentary provides a tale of his struggle.

>> i know that this was a very vicious disease. i greet every day with gratitude and i will continue to do everything that i can but i'm also very aware that none of us live for ever. i'm confident and i'm happy and i'm very grateful for the life i've been able to lead and i greet the future with joy. >> what a life of courage and resilience. joining me now, the emmy award winning co-director of john mccain for whom the bell tolls. debuting monday on hbo. welcome both.

teddy, first to you. it's so poignant to hear his voice,ageimages. tell me how he is and how you frame this so it's so hopeful and forward looking despite the fact it's his own eulogy. >> i went down and screened it three weeks ago and he seemed well. he was in good spirits and loved what he saw. i think john is thrilled because his last message, he pulled me aside and said i want you know this is my last fight. i said what do you mean? cancer? he said the cancer is a sickness. i'm treating that with the doctors. this is really my last fight to pull the country back together and if anything comes out of this film, i hope my colleagues will see they've got to work together and it wasn't so long ago they could work together and did work together and we've got

to get back to that. >> mike murphy, you know him so well. i was really struck by a number of things. his attitude towards, throughout all of this. his consistent -- voice -- speaking out on subjects like the torture report and taking a stand on gina haspel confirmation, even though it was painful to do and going dense a lot of former intelligence and defense officials. how does he maintain that attitude and that consistent courage? >> well, i think it's some mix of things. it's mostly character. he knows what he believes, and he's not afraid to fight for it. in fact, he's scotch-irish and loves a good fight. his greatest disappointment in the 20000 campaign i worked on, other than we didn't manage to get the nomination, never got in a proper fistfight with any p

protesters. he always joked, my senate colleagues are going to not elect me miss congeniality. always for the greater cause with mccain. something bigger than yourself and he'll be that guy every day of his life. >> it's important to say. when you talked about consistency, we were surprised as filmmakers to know john has had the same message for the last 30-plus years. it's only now that people are really listening because of the political environment, but john has been consistent from the day he stepped foot in congress. >> and one of the things that is notable about john mccain is that not only his bipartisanship, a part of his blood. he's a political animal, but always mentored younger democrats, brought them on his congressional -- meeting democrat member of armed services. hillary and he had a great bond an now amy klobuchar and he do. a clip of several who know him well speaking from your documentary. >> thanks.

>> none of us like to be unpopular in our workplace and i've seen mccain be unpopular time and time again. sometimes for excellent reasons, sometimes for not great reasons. >> we don't always agree. you know, i've got a job to do. he's got a job to do, but i never doubt his motivation as to why he's doing it. >> i'm not going to bet against the united states of america. >> well, he tries to study an issue. he tries to come to a conclusion that's in keeping with his values, but also, you know, rooted in reality. >> and -- one of the things see memorable for me when covering the clinton white house back in the '90s, if not for john mccain, who validated and gave political protection to bill clinton. who had not served in vietnam, and accused of being a draft dodger, we never would have normalized, certainly not that soon, would have normalized relations with vietnam.

>> no, no. it's true. he always had a, has, a wide geopolitical insight to things. he's always forward-looking. he doesn't look much in the back, but i do think one thing when you look at his senate career and before he was elected to the house, a captain in the navy, commanded the largest squadron there, also was this, the navy's man in the u.s. senate. so he got to know a lot of the senators back in a different era where the place worked a lot better. i think that made an early impression on him and late whir actually elected himself, a model he wished he's see more of and would fight for up to today. >> and for my generation, you know, we know of john mccain 2008, he was a p.o.w. 5.5 years but the missing piece, normalization. i just didn't know about it. by researching mccain and seeing that he could forgive and bring together these two nations was a mark of a man i think speaks

volu volumes. >> i was in vietnam for the raising of the american flag. quite a moment back in the '90s. can't wait to see the film, all of it. memorial day, hbo at 8:00 and mike murphy, great to see you. coming up, honor and remember. the true meaning of memorial day. we'll be right back. to stay successful in business you've got to navigate a lot of moving parts. on "your business" we've got your back with expert advice on topics from getting funding to creating eye-catching marketing. each week we focus on ideas for growing your business, bringing all moving parts together. join us on msnbc or connect anytime on all your devices. >> announcer: sponsored by the powerful backing of american express. don't do business without it. (baby crying) ♪ ♪ don't juggle your home life and work life without it. ♪ ♪

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and on this memorial day weekend, a quick reminder about what this holiday is all about.

the sacrifice made by the men and women of the armed forces who did thought return home. at arlington national accepter to, the old guard took part in its annual tradition where a flag is placed in front of more than 228,000 headstones. the secretary of the army senator tom cotton from the armed services committee and vice president mike pence all there. the vice president also took a moment to honor marine corps lieutenant michael kelly, son of white house chief of staff john kelly, killed in afghanistan in 2010. since 9/11, nearly 7,000 americans in an all-volunteer military has given their lives in the service 6 our country. on "the tonight show" service members in new york for fleet week and a celebration very different and special thanks by jimmy fallon and special guest star darius rucker of hootie and the blowfish fame.

♪ memories here's to the navy for protecting all our seas ♪ you serve a brave country, you serve with style, you serve with six-pack abs i can barely run a mile ♪ i only want to thank the troops ♪ >> a great moment at the -- at fleet week here at 30 rock and here comes the academy -- the academy graduates you heard from the president. class of 2018 celebrating grass graduation. secondless in the marine corps. or navy officers. the president gave the commencement speech. 11 students hailing from mexico to a united arab emirates. in a moment, the official hat

toss. we'll try to show that to you in the next edition. that's all for us today. have a very safe and happy memorial day and remember the show online on facebook and twitter at "andrea mitchell reports." craig melvin is up next in new york. >> we'll show the hat toss in a moment, i know you will. >> good afternoon to you. craig melvin at msnbc head headquarters in new york city. harvey, charged with rape and criminal sexual acts from two different women. what happens next as his case moves from the court of public opinion to a court of law? and everybody plays games. that's what the president said today about negotiations with north korea. he also said the summit that he just canceled could actually still happen. we'll pull back the curtain on how the meeting fell apart and where things stand right now. plus -- showdown. congress finally taking up central harassment le