for me. i'm jose diaz-balart. thank you for your time. yasmin vossoughian picks up right now. hi, everybody. we have a lot going on at msnbc headquarters in new york city. we're watching a few things, the crisis in ukraine. it seems something has shifted. the biden administration appearing to be entering a new phase in what he's saying publicly about russia. here's what the president about 90 minutes ago. >> reporter: how high is the threat of a russian invasion right now? >> it's very high. >> reporter: why? >> because they have not moved any of their troops out, they've moved more troops in, number one. number two, we have reason to believe that they are engaged in a false flag operation to have an excuse to go in.

every indication we have is they're prepared to go into ukraine, attack ukraine. >> and it's not just the president. we are also watching the u.n. security council meeting, you see it live there on your screen. secretary of state tony blinken is set to talk any moment now. and our secretary of defense just said some of russia's troops are inching even closer to the border. in the last two hours russia also just expelled our second most senior official at the embassy in moscow. we're going to dig into all of that in moments. also this morning the president is on his way to ohio as we speak. we have new reporting on the economic messaging change the white house is planning. plus, new fallout for the trump organization after its accounting firm said it can no

longer vouch for the company's financial statements just in the last 15 minutes we learned it could affect the organization's connection to a major d.c. landmark. we want to start with the latest in the boiling tensions in eastern europe. peter alexander is at the white house for us. matt bradley is on the ground in ukraine. i also want to bring in retired u.s. army major general dana pitard. welcome to you all, guys. peter, i'm going to start with you on this one. just playing some sound from the president there, sounding incredibly dire any moment we could see feasiblely an invasion into ukraine. on top of that, the deputy ambassador expelled from moscow just this morning. what is the feeling inside the white house? >> i think there was definitely a new urgency to the president's comments this morning.

to be very clear and i was on the white house south lawn when the president spoke to us, it's only by design he comes to speak to reporters. very often you see the shots, the president at marine one. it was clear he walked collectly directly to us. when pressed on whether he thought russia would invade he did think so and said he thought it would happen in the next several days. the u.n. ambassador of the unions said russia was moving toward an imminent invasion, in her words. that's significant because the white house had changed its language. they weren't using the language imminent in the previous days, and now there's a really sense this could happen very soon. you spoke to a senior

administration official within the last hour or so. they say they based that assessment on the evidence they have and new evidence they've received about at potential for a false flag effort by the russians that would be the justification, a lie basically to justify or serve as a pretext for any invasion to take place by russia there. so the u.s. clearly on a heightened state of alert right now. the president noting that he still believes there is the potential for a diplomatic solution but also saying he has no plans to speak to vladimir putin. >> general, talk to me, especially what we just heard from peter in his reporting there for the mood inside the white house. you've been in these situations before. it seems like the posture has changed. yesterday we were talking about a possible deescalation, a possible opening of diplomacy there. then we hear the president saying an invasion could be any moment now, imminent. the ambassador saying imminent as well. what could trigger this new posture? >> good morning.

i studied russian military history as well as russian military doctrine for decades, and in some way this is classic in its deception operations called maskarovga, which is at the technical operational strategic level. so it does appear that the movement of troops away from ukraine could in fact be deception. we have seen through satellite imagery and other imagery the movement of a number of forces. in fact, an increasing of forces, over 150,000 surrounding ukraine. so i tend to agree that it looks like an invasion is imminent. and part of that is because no matter -- we talk about off ramps for president putin and russia with nato encroachment, but the problem that can the no cannot be addressed

diplomatically that his regime fears is the democratization of ukraine. that is what he fears and there is nothing diplomacy can do about that. >> i actually want to get into that a little bit later on as we broaden out that conversation. before that i want to go to matt bradley on the ground in ukraine and talk about this false flag operation, this deception operation as the general puts it there, matt. we're seeing some of that in eastern ukraine, right? the ukrainian military accusing separatists of shelling a kindergarten. >> reporter: the russian backed separatists are accusing ukrainians and the ukrainians are accusing the russian-backed separatists. it could be deception, it could be a false flag operation or it could be an actual tit for tat

fire, which would enable the russians to say that the russian minority or just the russian population in eastern ukraine is under attack, which is something that putin has been signaling since this crisis began. he said as recently as just a couple days ago that that population in eastern ukraine was the brunt of general genocide on the part of kyiv. and it could be truthful. we talking about something like a rag tag group of fighters who are backed and in some cases led by russians in eastern ukraine and if they exchange fire, then that could start a war and allow for a pretext for the russians to come in. that's why the ukrainian forces here in eastern ukraine where i am now have very strict no return fire orders. they're not supposed to fire back if fired upon because of that very reason. they don't want to get engaged in a tit for tat fighting that would allow for the russians move in.

remember, we were at this level of panic a week ago last friday when this whole thing seemed to pick up again, but this is different. back then the warnings and the panic was emanating from washington, from london. it was almost entirely one sided, an uptick in intelligence data and chatter. now we're seeing real differences and changes on the ground and at the diplomatic level and that taken together can lead to a sense of panic and fear and that alone is enough to start fighting. >> i know russia has submitted their diplomatic response to the white house. any information as to what was in there? peter, stand by. the secretary of state is speaking at the u.n. these agreements, which were negotiated in 2014 and 2015 and signed by russia remain the basis for the peace process to resolve the conflict in eastern

ukraine. this council's primary responsibility, the very reason for its creation, is the preservation of peace and security. as we meet today, the most immediate threat to peace and security is russia's looming aggression against ukraine. the stakes go far beyond ukraine. this is a moment of peril for the lives and safety of millions of people, as well as for the foundation of the united nations charter and the rules-based international order that preserves stability worldwide. this crisis directly affects every member of this council and every country in the world. because the basic principles that sustain peace and security, principles that were enshrined in the wake of two world wars and a cold war are under threat.

the principle that one country cannot change the borders of another by force, the principle that one country cannot dictate another's choices or policies or with whom it will associate. the principle of national sovereignty. this is the exact kind of crisis that the united nations and specifically this security council was created to prevent. we must address what russia is doing right now to ukraine. over the past months without provocation or justification russia has amassed more than 150,000 troops around ukraine's borders in russia, occupied crimea. rushes says it's bringing down the forces. we do not see that on the

ground. indications are that ground forces and aircraft and ships are preparing an attack in coming days. we don't know exactly how it will play out but here's what the world can expect to see unfold. it's unfolding today as rush takes steps down the path to war and reissued the threat of military action. first, russia plans to manufacture a pretext for its attack. this could be a violent event that russia will blame on ukraine or an outrageous accusation that russia will level against the ukrainian government. we don't know exactly the form it will take. it could be a fabricated so-called terrorist bombing inside russia. the invented discovery of a mass grave, a staged drone strike against civilians or a fake, even a really attack using chemical weapons. russia may describe this event

as ethnic cleansing or a genocide, making a mockery of the concept that we in this chamber do not take lightly, nor do i take lightly based on my family history. in the past few days russian media has already begun to spread some of these false alarms and claims to maximize public outrage, to lay the groundwork for an invented justification for war. today that drum beat has only intensified in russia's state-controlled media. we've heard some of these basic allegations from russian-backed speakers here today. second, in response to this manufactured provocation, the highest levels of the russian government may thee atically convene meetings. they will issue proclamations that russia must respond to

defend russian citizens or ethnic russians in ukraine. next the attack will begin, communication, bombs will be dropped, communications will be jammed, cyber attacks will shut down institutions and russian soldiers and tanks will attack key targets that have already been mapped out in detailed plans. we believe plans include kyiv. and that's not all that russia plans. we have information that russia will target specific groups of ukrainians. we've been warning the ukrainian government of all that is coming and here today we are laying it out in great detail with the hope that by sharing what we know with the world, we can influence russia to abandon the

path of war and choose a different path while there's still time. now, i'm mindful that some have called into question our information, recalling previous instances where intelligence ultimately did not bare out. but let me be clear, i am here today not to start a war but to prevent one. the information i presented here is validated by what we've seen unfolding in plain sight before our eyes for months. and remember that while russia has repeated derided our warnings and alarms as melodrama and nonsense, they have been amazing troops along the borders along with capabilities for a

massive assault. our allies and partners see the same thing. and russia isn't only hearing from us. the international chorus has grown louder and louder. if russia doesn't invade ukraine, then we will be relieved that russia changed course and proved our predictions wrong. that would be a far better outcome than the course we're currently on, and we'll gladly accept any criticism that anyone directs at us. as president biden said, this would be a war of choice. and if russia makes that choice, we've been clear, along with allies and partners, that our response will be sharp and decisive. president biden reiterated that forcefully earlier this week. there's another choice russia can still make. if there's any truth to its claim that it's committed to diplomacy. diplomacy is the only responsible way to resolve this

crisis. an essential part of this is through implementation of the minsk agreements, a series of commitment that russia and ukraine made under minsk with partners involved as well. if russia is prepared to sit with the ukrainian government and implementing these commitments, our friends in france and germany stand ready to convene senior level discussions in the normandy format to discuss this. we stand fully ready to support the parties. progress towards resolving the donbas crisis, we're prepared to engage with russia with our allies and partners. more than three weeks ago we

provided russia with a paper that detailed reciprocal events and advance the security of russia, the united states and our union partners and allies. this morning we received a response, which we're evaluating. earlier today a sent a letter to russian's minister sergey lavrov prosing we meet to discuss the steps to resolve this crisis without conflict. and we're proposing meetings of nato russia counseling and osce permanent counsel. these meetings can pave the way for a summit of key leaders in the context of deescalation to reach understandings of our mutual security concerns as lead diplomats for our nations, we have a responsibility to make every effort for diplomacy to succeed, to leave no diplomatic

stone unturned. if russia is committed to diplomacy, we're presenting every opportunity for it to demonstrate that commitment. i have no doubt that the response to my remarks here today will be more dismissals about the united states stoking hysteria or that it has no plans to invade ukraine, so let me make this simple. the russian government can announce today with no qualification, equivocation or deflection that russia will not invade ukraine. state it clearly, state it plainly to the world and then demonstrate it by sending your troops, your tanks, your planes back to their barracks and hangars and sending your diplomats to the netting table. negotiating table. in the coming days the world

will remember that commitment or the refusal to make it. i yield the floor. >> translator: i thank his excellency. >> we were just taking a listen to the secretary of state of state there, tony blinken, speaking at the u.n. security council, warning of course once again of an imminent attack from moscow into ukraine saying, and i quote, i am not here to start a war but in fact to prevent one. let's get into this with some of what we heard from the secretary of state. still with me because matt bradley on the ground, general petard and i also want to bring in andrea mitchell and courtney kube. andrea, take us through your

reaction there to what we heard from the secretary of state? >> reporter: well, this is basically put up or shut up from the secretary of state. that's a non-diplomatic way of saying he detoured on his way to munich, this was an unannounced stop until just an hour before that he was going to the u.n. security council to lay it on the line basically and to say sergey lavrov, meet me in europe and that will pave the way for a meeting of the leaders, a summit meeting but first today unequivocally declare that you are withdrawing troops, show us that you're doing it, having said already that russia is lying about all of its claims of withdrawal. and, as we know, the white house saying last night that they in fact added 7,000 troops rather than withdrawing so they want withdrawal of troops, of the tanks, the artillery, all of the massive deployment that has now surrounded ukraine and a commitment. now, of course he expects and he

said he expects that russia will again create disinformation. you have a conflict of completely different points of view, different claims of what the truth is as well as the fact that just today russia responded in writing to the three-week-old proposal for the u.s. about diplomatic solutions about arms control and transparency and a very specific engagement on a lot of fronts but not concession on whether nato can make its own decisions and whether ukraine can eventually make its own decisions. so russia flatly rejected all those proposals in writing so at the same time blinken is saying let's go forward and prove you're serious about diplomacy, russia in fact today already shut that down. and it does seem as though the window is drawing closer and closer to being closed, especially with this dispute

over whether or not russian separatists fired on a kindergarten in their held area or whether it was ukrainian forces. that is the dispute that many of the allies in the west believe is the kind of false flag operation that would give vladimir putin the pretext to invade. >> and i do want to expand on that for now. andrea, thanks so much for jumping on with us. we as always appreciate it. we're going to be seeing you at the top of the hour. i know you have to get prepared for your show. i'll let you go do that. matt bradley, let's jump on what andrea mitchell wrapped up with. as the secretary played out how this whole thing would play out, it was interesting and a little bit worrisome to hear the steps that moscow would take if this invasion were to take place. first and foremost, that pretext that andrea talked about, planning to manufacture this pretext, some of which we have already started to see

beginning. >> reporter: yeah. i mean, we're already starting to see something like that beginning to the east of where i'm standing now, right on the border of the evidence is declare, that russian-backed separatist enclave that was cleaved off the country. that timeline that secretary blinken laid out for the security council, that's a play book and that's something that we've seen before in georgia back in 2008. >> right. >> reporter: and it's something that we know is part of the russian play book, almost a formal part of something they've used in the past. again, it's troubling and, you know, it's interesting that secretary blinken actually mentioned that a lot of this is alarmist, that a lot of these intelligence assessments will be dismissed by moscow as little more than, you know, western pearl clutching, as just sort of panic-inducing rhetoric that the

west has done time and time again and it will likely remind or sort of invoke subtly a lot of the drum beat to war in iraq back in 2003 and the flawed u.s. intelligence that led up to that, all of these things can be easily rhetorically deployed by moscow and likely will be. we're likely about to hear that right now in the security council. but he's reminding everybody that, you know, this isn't necessarily just panic because once we put moscow on notice, they are less inclined to do so. this is something washington has been doing the entire time. it's a bit of a dangerous game in the sense that they're putting out intelligence or sort of what they believe could happen and putting that out as intelligence. that's angered a lot of ukrainians i've been speaking to. they don't like the idea that they're so are the willy nilly casting about with this fresh intelligence but at the same time, the argument from washington not so privately is by putting out this intelligence, by saying it out loud, it creates a disincentive

for moscow to follow that play book because we know they've done it before and could be planning to do it again. a lot of the rhetoric leading up to this on russian state tv and in the words of vladimir putin just this week is that the russian speaking people of eastern ukraine are victims of genocide and oppression at the hands of the ukrainian speaking people and the government in kyiv. this is very hostile rhetoric and inflammatory and the kind of thing they could use as a pretext to say they're launching a humanitarian evident. again, it doesn't need to be a lie. it just needs to be a spark. >> the secretary of state, you've known him from all the way back of the clinton administration. take a listen to this warning at the security council. what do you make of it? >> i think it was sincere, i think it was accurate.

i do think that russia's looking for a pretext. i thought it was a very, very strong speech by tony blinken, who i have known for years. however, now the next step. what isn't being done by the administration is the equivalent of almost like a berlin airlift of bringing supplies to ukraine. help ukraine -- give ukraine the tools to defend themselves, whether it's more anti-tank munitions or more anti-air and missile defenses. that would be very helpful also. so in addition to calling out russia, as we should, and putting russia on their behind feet to an extent, we should also work to help ukraine defend themselves without putting american boots on the ground but certainly with supplies and weapons. >> i'm glad you said that last part, general, because that's exactly the question i want to ask, if there is any instance in which you think american boots should be on the ground in

ukraine? i say this because we heard the secretary of state saying specifically this is not going to just affect ukraine, this is going to affect every country throughout the world. i think specifically of china. china is watching how the united states is responding to russian aggression, especially when it comes to their interests in taiwan. if the united states decide not to put boots on the ground if russia invade ukraine, what does that say to another super power like china? is there any instance you agree the united states should in fact put boots on the ground to defend ukraine? >> in some way we may have missed our opportunity. we had over 200 military advisers on the ground. the administration chose to remove those advisers. having served in the berlin brigade during the cold war, we were surrounded by what was obviously then the soviet union yet -- the army. but it was symbolic because behind us was the power of ups

military and the united states period. and those advisers being there would have caused, i think, russia some pause in that, wait a minute, there are american troops that are on the ground right now. i feel like we gave that up without getting something in return to an extent. and tieing it to china and taiwan is something we should think about. we have advisers on the ground even in taiwan. if china starts rattling a saber, do we remove them also? the idea is we give china and other autocrats pause. russia is a nuclear power, we're a nuclear power so we don't want that. but we do want to make sure that russia thinks twice about attacking ukraine.

>> courtney kube, talk to me from the pentagon. all that is happening this morning and everything that's changed over the last 24 hours and hearing from the secretary of state with the dire warnings and the ambassador as well, where is the pentagon this morning? >> reporter: there's still no indications here. we've been hearing this from multiple locations, multiple buildings in this town, there's no indication that russia is de-escalating. it is the opposite, they are continuing to escalate the situation. and what exactly does that look like? we heard from president biden about that today. that means, yes, they are moving some troops around the border, but they're actually in many cases getting closer to the border they're moving in some cases into what the military would call attack positions. that sounds very bad. it doesn't necessarily mean they're preparing to attack from those locations, it just means they're getting closer and closer to the border, to being able to potentially conduct some sort of a ground invasion if

ordered. there's distribution of ammunition. they give the soldiers their bullets and prepare them. there's also according to secretary of defense lloyd austin, he said they're flowing more blood in. obvious reason, they're concerned they may need it for casualties in the near future. they moving more medivac units. these are all not necessarily -- it doesn't mean that putin has made the decision, that the decision is imminent or hours away but they're indicators that russia is moving further and further toward that eventuality. again, russia has not made any signs that they are de-escalating the situation. in addition to the false flags we've been hearing about with the shelling down in donbas and the cyber attack from earlier this week, it seems more and

more they're moving into the potential for a ground invasion. two things that secretary blinken set, he really foot stomped on this issue that russia can state it clear they're leaving but they need to back it up with actions. not just what they're saying but what they are doing. i found it interesting how he was talking about how russia is continuing to move things closer and closer, that there is no deescalation. again, the latest intelligence that the u.s. has, they are not de-escalating the situation in any way. >> as everybody can tell, this thing is changing by the minute. we're going to stay on for now. thank you all. still to come, the u.s. senate is working on a new measure to show support for ukraine. what does it say? and why isn't it a full package of sanctions?

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all right, we are watching a number of critical fast-moving developments at the russia and ukraine border. today a group of senators hope to unanimously pass a resolution that voices support for ukraine. also warning russia about the consequences of an invasion, but it does not, by the way, include any actual consequences, what

that would mean. i want to bring in senator richard blumenthal, democrat from connecticut, on the armed services committee as well. as always, great to see you. first and foremost on this nonbinding resolution, are you support of it? >> i am very passionately in support of this resolution and even stronger measures that i still hope may pass from the senate and the congress expressing our solidarity with the people of ukraine and our determination to impose crippling economic sanctions on russia's economy, including expert control that would deny putin the technological products that he needs and disconnecting russian banks from the world financial system. putin is a kgb thug. he understands force, economic force or military force. that's why many of us urged

literally weeks ago after we returned from ukraine on a trip, a bipartisan trip to show solidarity that these kind of sanctions be imposed. i think we need this kind of resolution to show our solidarity and our bipartisan support. >> okay. so the secretary of state addressed the u.n. security council meeting, a dire message, an attack could be imminent, he laid out exactly how it would take place, the false flags from the russians to kind of get it up and going. ambassador greenfield saying this is a very perilous time, an attack could be imminent, leaving the white house, saying an attack could be imminent. why not great on a bipartisan sanctions package here? what's the hold up? >> keep in mind the president already has more than ample authority to take strong steps on economic sanctions to send a message to putin but not just with words but with actual

action, that he will pay a price, a heavy price, there will be consequences. and so the senate resolution and a measure is very important. there's some disagreement about how much authority he needs in addition to what he has now, but what's really important is that we come together in a bipartisan way to show the people of ukraine that we are on their side. and i'll just add in our trip to ukraine, i was so deeply impressed with how resolute and determined people of ukraine are. they are courageous, they are steadfast and they're going to fight in the streets, their neighborhoods, the fields, if we give them the arms that they need. that's why i've also urged the javelin missiles, their tanks and their aircrafts. >> a u.s. retaliation attack on moscow would be the sanctions

package, how quickly could you get that sanctions package out and agreed on? >> the sanctions package could be done in hours literally. the vote would take only a very short period of time and i think that the final details simply have to be resolved. there's a chance it could be done still on the table and a path forward to do it, but what's really important is that vladimir putin know that he will face consequences, that the president has the power to do it and i believe is determined to do it. i urged and others have joined me in saying that we should be imposing sanctions right now for the hybrid war that he has been conducting. remember very importantly, russia has been at war with ukraine for eight years literally in eastern ukraine killing 14,000 people through

his surrogates and proxies, he conducting this war with cyber attacks and military information and he should face consequences for it. >> before we pivot to this new bill, i just want to ask you is there any instance if russia were to invade ukraine that you believe american troops should be on the ground? >> i see no circumstances that would require or justify u.s. troops in combat in ukraine. i think the president has been very clear we will defend our nato allies, we have that obligation under the treaty. nato is a defensive pact, ukraine is not a member and therefore we have no obligation to put troops on the ground. >> let's take a pivot for a moment and talk about something incredibly important to so many of our children across the country, knowing my kids are online quite a lot, especially during this pandemic. it's not ideal but it is a

necessity sometimes. your comment unveiled the kids online safety act. i want to outline a few of the things included. it gives minors options to dablt addictive features, opts minors out of algorhymic recommendation, gives new controls to parents and demands accountability from platforms. >> it's the algorithms that big tech or driving at children and putting them in danger of destructive emotional content and addictive, dark places but also to bring them together with their children, to work together so they have tools as well. what we heard in these hearings is often children feel

powerless, a loss of control. they want to stop the auto play, for example. they need more tools to do it. and so we want to hold big tech accountable with that standard of care and a requirement that the social media platforms impose as a default setting the safest possible procedures. that standard of care, more transparency, giving parents tools so that they can take back control and opt out of the

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. welcome back, everybody. so just over an hour from now, the president is expected to speak in ohio, tout the benefits of the bipartisan infrastructure law. this morning we're learning his speech will be much more than that. the white house is using it as a chance to road test a shift in his economic messaging ahead of the state of the union address. mike memoli, great to see you, my friend. we know, we've been talking about this over and over again, inflation is a major issue in this country right now, despite both job and wage growth. now it seems the president is turning his main focus to that, his messaging. talk to me. >> yeah, this is a shift, right. as we've seen the monthly inflation numbers put the white house on defense, we've seen them talk it away, explain the impacts, it's transitory, temporary. even as recently as december the president saying it was temporary. as the white house is planning

for a state of the union address in less than two weeks, a big opportunity to set the table for the mid terms elections, they're recognizing as they want to talk about the president's accomplishments, covid relief laws and infrastructure laws, that your finding voters aren't really receptive to hearing him talk about those accomplishments until and when he provides clarity that he understands what americans are going through. so you've begun to hear that from the president in recent public events. just last week he was doing a similar event to the one today in a swing district in virginia. the signage behind him say lowering costs for american families. he talked about the fact that he grew up in the family where if the price of gas went up a dollar, it really had a real impact. the way to think about it is the way biden would quote his father saying government doesn't need to solve all of our problems but he does want to see leaders understanding our problems. as the white house is planning for the big speech, you'll see some of the themes we're starting to hear more of on a

daily basis emerge on the big stage. democrats are seeing the same polling data, voters saying that's the number one issue and the president will address that head on before laying out the rest of his agenda. >> we'll be watching for that speech later on today coming from ohio. mike memoli, thank you. >> coming up, we're are following the hate crime trial for three men convicted of killing ahmaud arbery. we'll be right back. g ahmaud ar. we'll be right back.

racist facebook posts, text messages and mooems. they are part of newly resented evidence for three men who killed ahmaud arbery. they're trying to convince them that travis mcmichael, gregory mcmichael and -- took part in killing him because of the cull of his skin. the man who fatally shot arbery repeatedly used the "n" word and derogatory messages to talk about black people. and he said, quote, i'm working so all the n-words can take off. the fbi was unable to examine gregory mike michael's phone because it was encrypted. all three men have pled not guilty to hate crime charges.

attorneys for the mcmichaels and brian acknowledge their clients made racially offensive remarks but they urged jurors to decide the hate crimes case based on facts rather than the raw emotions such words may stir. joining me is david henderson, a civil rights attorney and former prosecutor. there were slurs, death threats against black people, stereotypes as well. how could these messages, in your estimation, impact the hate crime trial? >> i've always been good at telling you there's a reasonable point of view to be argued from the other side. but there's no reasonable point of view to be argued from the other side. it's so offensive that it's hard to think about it objectively. not only do they make slurs but they went so far as to say we think black people are criminals

and we're willing to take the law into our own hands to use violence to stop them and that's what they're on trial for, using violence, threats and intimidation to interfere with ahmad's right to run down the have to et. >> we talked about the makeup of the jury, which was predominantly white. you have eight white jurors, three black jurors, which speaks to the make up of the community in general. is this what the prosecution needs to show this attack was motivated by race? >> absolutely. and the reason why has to do with race but it's not solely to do with race. jurors respond most when they feel their safety is at risk. i think people of color immediately yoifr with being fearful of someone targeting them because of how they look and what race they're part of when they're running down the street, which is what happened here.

what the defendants are trying to say is we didn't target him because he's black. we targeted him because we thought he was a criminal. that's why i said there's no reasonable argument. the only question is whether the jury does the right thing and i think this jury makeup does. >> these things didn't come out in the first trial. it was not a conversation about race the way that it is now. >> that's true and that's just because the way the prosecutors think. typically what prosecutors are going to say is don't make your job harder by having to prove things the law doesn't require you to prove. from the point of a prosecutor that sees the world that way, there's no reason to talk about race because race wasn't an element of the crime they were charged with. this case centers primarily on race so makes sense they're leading off with discussions. >> you talked about how there

was no plausible argument for the defense. they're arguing obviously that this was motivated by the fact that ahmaud arbery was committing a crime and not his skin color. how do they turn it around? >> is working with your clients. and lawyers are incredibly bad at this to such a degree that people specialize in witness preparation. you've got to get them to take the stand and say i fully admit i'm racist and i'm entitled to my racist views however, they did not motivate me on this occasion. make the clear that is an uphill battle in this case but that's the only chance you have of turning this round if you're the defense. >> as always, thank you for your analysis on this. that does it for me this busy hour. i'll be back tomorrow at 11:00 a.m. eastern and you can catch me weekdays 3:00 to 5:00 p.m.

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this is "andrea rich mitchell reports" in washington. as russia is moving towards invading, not deescalating. all signs point to invasion in the next few days as lloyd austin calls out russia for misleading the world about withdrawing troops. >> they have not moved any of their troops out. they've moved more troops in. every indication is they're prepared to go into ukraine, attack ukraine. my sense is within the next several days. >> i was a soldier myself not that long ago and i know first-hand that you don't do these sort of things for no reason. and you certainly don't do them if you're getting ready to pack up and go home. >> other troubling signs today that russians are accusing ukraine of firing on a kindergarten class in a russian-held part of ukraine. president zelensky says it was russian separatists that fired on the class.