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tv   Jose Diaz- Balart Reports  MSNBC  February 18, 2022 7:00am-8:01am PST

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other. i am chris jansen, jose diaz-balart picks up coverage right now. >> good morning, i am jose diaz-balart, my in a moment now the sentencing hearing is set to begin for former police officer kim potter of committed the killing of devonte wright. president biden expected to hold a call today with major u.s. allies on the escalaing crisis. plus, trump under oath. a new york judge ordered the former president and two of his children to answer questions about the business practices of the trump organization, part of the new york attorney general's investigation. a spotlight on bullying after another family losing a 12-year-old son to suicide. we'll talk about what families need to know.
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we begin with sentencing hearing for former brooklyn police officer kim potter. potter us committed of first-degree and second degree man slaughter for shooting and killing devonte wright prosecutors asked the judge to sentence potter seven years behind bars. joining me now is mr. shaq brewster. what can we expect today? >> reporter: we can expect the sentencing hearing to go on for a matter of hours. >> the prosecution arguing for
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their preferred amount of time for kim potter to spend in prison and defense arguing as little as probation in their sentencing recommendation. one thing we can expect to hear once the hearing begins, you are looking at pictures of the judge right now. one thing we can expect to hear are victim's impact statements. statements from the family, talk about how much he meant to him and what this loss meant the them. you will hear letters from people who are supporting kim potter, people in the law enforcement community who'll say she was a good officer, talk about the type of person she was or she is now. we'll hear all those arguments before the judge and then the judge will make a decision on how long kim potter will spend in prison for the death of the 20-year-old daunte wright. >> how likely will potter get the sentence?
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>> very likely. you take a look at the crime someone committed and the history. here is slightly over 7 years, there is arguments of whether the judge should go up or down from that sentencing. she put a significant member of the public at risk when she committed this crime more than normal. she abused her position as a police officer. the defense came back, because she's a police officer and daunte wright was resisting and she's not a problem again in the future. the state filed another motion in response and they say hey judge you should follow the guidelines guidelines, there is maybe reasons to give probation instead of a lengthy sentence.
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they go far as to say a sentence is just a number. i make no mistake about the fact that i was surprised by this outcome at the end of the trial. that recommendation suggests that the prosecutor were too. it is not what i would call a departure. that's presumptive for a different crime all together. >> the judge really does not have her hands tied in any way, right? i mean what factors, david, is the judge going to take into consideration when she issues the sentence? >> jose, there is a huge difference between the legal factor of what she may cite on record, driving the difference of the recommendations she's considering. the simple truth right now i think minnesota especially the minneapolis metroplex is a bit of a powder-cake when it comes to the issue of power. the judge is not immune to that.
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she has to balance perception whether she holds potter accountable. looks like she's being too heavy handed on the police officer making the argument she's making a mistake against a resisting arrest. >> situations could be happening outside the courtroom could play a factor of what the judge decides inside the courtroom. >> absolutely. i think anyone who argues otherwise is being unreasonable. lawyers are not always direct that includes the judges. they're saying on paper we are recommending the presumptive sentence, however, judge, if you want to do something different and go towards probation, here is a plan where you can do that. she's allowed to sit on the bench to say i have considered both sides, i consider the state's initial motion asking for more time and the defense's response. i am noticing that even prosecution is acknowledging na
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and a prosecution literally says this, a sentence is just a number. when i consider that and everything else that's factored into this, probation gives her a huge out. >> david henderson and shaquille brewster, thank you both. eastern ukraine have launched dozens of troops and artillery shells. separatists claimed they are under attack by the ukrainians. they have not provided any evidence of that. the u.s. and its allies saying russia is fishing an excuse to attack ukraine.
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civilians will be sent across the border into russia. meantime, the kremlins said vladimir putin will personally oversee nuclear readiness drills that begin tomorrow. drills will take place later in the year but will move up. russia is claiming withdrawing some of its troops, defense secretary lloyd austin says russia is doing the exact opposite. >> we see more forces moving in for that region. we see them going through prepare by doing things that you would expect, military elements to do as they were preparing to launch an attack. >> the state department says tony blinken will meet with russia's foreign minister in europe if russia does not invade ukraine before that meeting. later today president biden will host a call with several key
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u.s. allies to discuss the situation and along with vice president harris is at the security conference in germany, a large part of the discussion with ukraine. >> we remain open to and desire of diplomacy as it relates to the dialogue and the expressions we have had with russia. we are also committed if russia takes aggressive action to ensuring there will be severe consequences in terms of the economic sanctions that we have. >> and with me now to talk about this, our richard engel and andrea mitchell in munich germany. andrea, i want to begin with you, give us a sense of the urgency surrounding the diplomatic efforts aimed at preventing a conflict between russia and ukraine. >> reporter: this conference is
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a gathering of few european leaders who are so focused on russia for all the talk of nato not being solidly behind the u.s., opposition to russia. i have to say the administration is really crafted, unique nato partnership here. they are determined to deter any russian aggression. now what blinken has said, he said at the u.n. and again today that they'll meet lavrov, the foreign minister will meet with the u.s. in europe at the end of the week. but only if russia does not invade and what blinken is saying and other leaders, all signs on the ground and richard engel can say the contrary. the fact he's meeting with
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lukashenko and what's happening with the separatists in eastern ukraine and all of that and the increase in troops rather than withdrawal speaks to an intention to invade or continuing threats which is not sustainable. this is united nato presence at least for now. they're hoping this unity will back putin down and they're saying if you are committed to diplomacy as you say, let's see some signs of it on the ground. >> andrea mitchell in munich, thank you very much. >> richard, is that what's happening right now? >> that's what the ukrainian government believes is happening right now. they worried that their country could be loss, their freedom could be loss and their democracy is at stake.
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that the last eight years of political progress here are on the line and what they're most concerned about is that russia is using disinformation campaign and a military campaign through proxies to potentially start a war and draw ukraine into a war and ukraine would likely lose initially. as specifically what is happening is there is a region in this country controlled by separatists. there are about 2 million people from this enclave, it is not far from where i am right now. there are about 30,000 forces in the region. 3,000 russian forces according to ukrainian defense officials. for the last 24 hours according to multiple ukrainian police and
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military sources, those separatists have stepped up their aattack. they have been firing their machine guns into ukrainian territory causing damage and damaging houses and hitting a kindergarten place, so far no fatalities. they want the military to respond and giving russia a pretext for moving in. it is not just artillery coming out of the separatist area right now. a statement flagged which he told the people of the separatist areas that they are now facing an imminent ukrainian invasion and they should
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evacuate the area that the evacuation will be begin tonight at 8:00 local and that the reason the people should evacuate and retreat from this pocket of ukraine and going into russia is because from their point of view, the ukrainian military is about to launch a massive assault against them and has brought extra troops and weapons and that it may even involve a chemical assault. ukrainian officials denied it and saying this is not happening. just to reenforce that case earlier today, there was a test in the separatist areas of the public alarm system and air way drills and there is been numerous photos emering of the separatist areas of people lining up to get gas and get
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money out of cash machines. fabricated concerns ukrainian officials would say in the separatist areas that something could be coming. >> richard, meanwhile you got once again people, innocent people being utilized, right? if there is an announcement of evacuation towards russia, that would mean that sooner or later some people don't have any, you know, they're not playing any role in this would have to move and get out and go. >> so there are about 2 million people, it is hard to know the exact census of the 2 million people who lives on the separatist of enclave. it is roughly the size of new jersey. some of them are believers.
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they are otherwise ukrainian citizens but not everyone is a believer. there are certain people who just stuck there for economic reasons. we spoken to many families on this side of the board, ukrainian territory. they could not leave because they did not have housing anywhere else and they could not afford to move so yes if they are now ordering some sort of evacuation, it could disrupt the lives of innocent civilians and making them actor in this theater that apparently russia wants to concoct in order to cause, create a cause for war. >> nina, you have been closely following the russian troops build-up. i want to play admiral james on "morning joe" says how long putin could hold the line.
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>> it is cold out there. those are long range deployed troops, many of them are far from their home. it is expensive to keep all of that for logistics flowing. he's got a three to four weeks window. he's not going to park this force on the border. >> nina, what do you think? is there a potential timeline for action because of this? >> well, certainly i think putin is gearing up towards some move fairly quickly, not only because of the expenses at such an operation but because it is getting warmer. right now richard could confirm, things will start to melt soon and it will make it difficult for tanks to move across the border. what we are seeing from open source intelligence is that the fact russia is moving more troops and heavier artilleries and tanks, we are talking about ten miles or so striking distance and as the intelligence
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coming from the state department from dod and others has confirmed things are not backing down there. in fact we are seeing much more of an escalation, i predict there will be a move sometimes soon at this point putin will want to stay faced unless he's offered a major deescalation or concession by the west which i don't see happening. >> thank you so very much for being with me this morning. complicated situation, getting more tense on the border, thank you, richard and thank you nina. i want to go back to the courtroom now in minneapolis where daunte's mother is speaking. >> daunte loved hard and loved his friends and son. his smiles are big just like his dreams. you took his future of what he could have done so many things. april 11th was the worst day of
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my life. a police officer who's supposed to serve and protect, took so much away from us. she took our baby boy with a single gunshot through his heart. she shattered mine, my life and world will never be the same. i often replay that phone call in my head over and over again. i blamed myself because i should have toll him that it was going to be all right. i told him he was going to be okay. just to find out a few minutes later he was not. that police officer that took an oath to serve and protect for 26 years but not on this day. on this day she did not protect. she failed daunte and our family and our community. she did not render aid. the elderly couple that was in
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the vehicle, his car was held at gunpoint for over five minutes while my son bled out on the driver's seat. the last memory of daunte's life is watching him being shot over and over again, seeing his lifeless body pulled and dragged, where they left him on the ground for hours as people all over the world watched. i had to cry behind a caution tape and i could not go to be with him. my motherly instinct was to go and hold him and carress him and kiss him. i want to save him, another opportunity that was stolen from
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me. the best way that i can explain it is what i feel everyday since daunte was killed comparing it to sinking feeling that a mother gets and realizing that her kid is missing at a grocery store and i can't see him and feel him and touch him and know if he's scared or safe or okay -- she took a grandson, brother, uncle, cousin, friend, she took a son from his father, a son from his mother but most of all she took a father from his son. daunte was only 20 years old. he had so much life ahead of him. i had to grief in public, whole world sees my crying face and it
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is plastered all over. my shattered heart has been on display for almost a year, i have to live in this nightmare watching my son shot and killed over and over again. for me everyday i could only hope to wake up and see daunte walks through the door and watch him play with his son, mess with his sisters, laugh with his brothers. our hope is never going to come true. your honor, i am asking you to hold the defendant to the highest accountable. she was a person of authority who betrayed her badge. not only when she shot daunte but when she rolled around on
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the ground crying for herself, i am going to prison, i shot a boy, call chuck, her union rep. when she should have go save him and how is he doing, is he okay? please help him. she didn't even try, your honor, she didn't even try to save him. you should have done better. would it comes to trials, i was there every single day. my heart wanted to see remorse. sadness in her eyes, i wanted to see her mouth the word "i am sorry" but she sat there with entitlement and privilege. she never once looked at us passing through the hallway everyday. as she sat on the stand, not at all, no eye contact or nothing. then she finally said, "i am
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sorry it happened," those were her exact words. that was coming after a break, your honor that the defendant had time to be coached and how to gain some sort of sympathy from the jury. but not me. i can't give the defendant sympathy. your honor, i am stuck with three questions i ask myself, how do you show remorse when you are smiling in your mug shot after being sentenced to man slaughter, after taking my son's life. how do you say you are sorry with no tears. how much time does my son's life worth. i know the defendant and her attorney they're going to tell the court how sorry she is, her family will may even give victim pact statements and after words both the defendant and her family will be able to talk, hear each other's voices and
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hugs or kissed. her husband did on sentencing on verdict day. eventually her sentence will be fulfilled and she will have her whole family to be with her at dinners and holidays. again, another thing that's been stolen from me. please keep in mind the impact this is causing her family and herself is just a small passing and a small storm that's going to pass compares with our life sentence without daunte, daunte wright, i will continue to fight in your name, i am proud to be your mom and i love you, daunte. thank you your honor. >> thank you mrs. wright.
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>> state your full name and spell it, please. >> my name is arbery wright and spell it, please. >> you said spell it? >> a-r-b-e-r-y, last name is wright. i am daunte's father, i want to start what daunte meant to me. he was my son made out of unconditional love that me and his mother had for each other. daunte was every man's dream. my first child with my wife and he was a boy. i was so proud to be his father. he was handsome, he was my friend and my son. daunte was my reason. he was my reason to do better.
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he was my reason to change in life, a father's love is so powerful and deep. it is hard for me to put into words but i need you to hear me when i say i love my son with all my heart. i have been there for his first steps, first words, first day of school, basketball games the birth of his son, it hurts my heart that daunte will not have this memory with his son. they have short years together because of kim's recklessness.
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he would say he's funny like me and looked like me and cool like me. i would watch daunte as he slept for many years thinking, wondering how his future will be and what he will become. and i would kiss and hug him and he would not like me to do that obviously but i would do it anyway and i would always tell him that no matter what, i got him. from the day he was born until april 11th, i had him. i was always there for my son. daunte's life was cut short by kim potter who claims she thought she had a taser. she pointed a gun to my son's chest and pulled the trigger. not only killing daunte by
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damaging his heart to the point unreparable, she damaged my whole family's hearts. everything we do as a family ends in tears. all we have is memories left of my son. what should happen in times of sadness? kim potter was trained and was trained to prevent this thing from ever, to prevent the type of thing from ever happening -- she was a police officer longer than my son is alive. i ask that kim potter be held accountable and the maximum sentence to be as high which is
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in comparable -- my son's life is taken away way too soon and he's never coming back and it affected my whole family. thank you. >> and i think dominic bryant, will you come forward. >> please state your full name and spell it. >> my name is damian mcbryant. i am the oldest child of my parents. on april 11th, my brother was
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killed. he was killed by someone who was on the force longer than any of my parents have been alive. we know the charges are man slaughter but we believe what happened to daunte was murder. when i got that call about daunte i could not believe it. i fell to the ground in pain that no one should have to go to. it was the hardest time of our lives. we lost a special person. i write this note to you. we miss you more than ever, our lives are not normal anymore. i think about you everyday, i lost my best friend but my baby brother. i would remember when we would play games when we were young and you would get mad if you lost and start crying and turn red in the face because you didn't win. i remember you and dad and everybody used to go fishing and we would argue who's going to catch the biggest fish. everything is a competition
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between us boys. now we won't be able to compete, i won't be able to tell you i love you one last time. i think about this stuff everyday, you were stripped away from us. this has been the longest and most miserable time of our lives. we never felt the pain like this, we lost an important piece of our family. i promise never give up fighting for you because that's what big brothers do. your memory of my keepsake will never be apart. we'll always have you in our heart. you will never said you are leaving, you never said good-bye, you were gone before we knew it and only god knows why. there is been a million times we needed you and a million times we have cried, if our love could not saved you, you never would have died. in life i love you dearly and in death i love you still, in our hearts, you own a place that no
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one could ever fill. it broke our hearts to lose you but you did not go alone. i promise to my family that i will take care of everybody including our siblings, dallas, monica, and of course your baby, daunte jr. i respectfully ask the court to give the sentence that counts for the severe pain and loss that your family experienced. thank you so much for giving us the opportunity, rest in peace, daunte wright. >> diamond great? please come forward. diamond wright, please come forward, will you please state and spell your name?
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>> diamond wright, d-i-a-m-o-n-d, wright. >> hi, i would never thought buy brother would be killed. sorry -- would be killed by the same people we were supposed to feel protected by. i know that the charges man slaughter but i believe should be called murdered. ever since my brother has been killed, my heart has been shattered. i have been living in a nightmare, i stop eating and even got depressed. the death of a loved one is not only emotional pain but also physical pain. the defendant should be prosecuted and sentenced to the highest extent. you can't tell me this was an
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zapt accident. she's been a police officer longer than my brother had been alive. why do i have to see my brother a medical container just to talk to him. how come my family have to grown and moan about a loss of a loved one because the defendant was reckless. daunte was my brother and blood, someone who was supposed to grow old with me. how am i going to see the age 21 and he didn't. he didn't get to experience the life he was supposed to. watch his kid grow and parents grow old. not many of you know daunte and i could not careless of what everyone thinks of him. he can light up the whole stadium. i miss him stealing food from my mom at family function. i miss him.
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i would trade anyone in this room to get him back. everyone just sees this as another black man getting killed by the police, not us. this one hits home. this time it was one of us. everyday i would walk around and it feels like i am not here. you took my other half. i remember when daunte was alive and the george floyd's killing was being discussed, we and my mom were having a talk, maybe we have enough light in us that we are not a threat to the police. we were wrong. once we have black in our skin, makes us a target. this is sickening. i miss you daunte, i miss your smile, your laugh, the way you twirl your hair when you are nervous or thinking about something. i miss him coming upstairs and talking stuff and running back down. you were a great brother, you taught your sister how to be
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tough and how to listen and how to calm down. you did your big brother's role. i love you daunte, you will always be in my heart. thank you. >> miss china whitaker? >> if we can have a moment? >> sure. the family just asked a moment as we are listening to the family, the father and the mother and sister and brother's
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words. there are more people that are scheduled to speak in this very, very emotionally difficult courtroom. emotionally difficult courtroom. >> would you state your full name. >> china marie whitaker. >> my name is china whitaker. i am the mother of daunte's only child. daunte wright jr. daunte was
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born premature and had to stay in the nicu. during that time his father and i were very concerned about him, making a full recovery. however by the grace of god, he stayed here today. he's now two years old. and since april 11th, 2021, fatherless. kim potter took my son's best friend away from him and things have not been the same since. i am now a single mother, not boy choice but by force. my son have not seen his dad for over a year. i know he does not understand what's going on but he senses his dad being gone. he was used to spending time with his father.
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oftentimes he would stay the night with his dad and have down time, that givers me a chance to have a break when i need it. i cannot even pick up the phone to call him. due to this situation, there is more anger and he acts up a lot more. and now in school, he's learning to socialize with other children and cope during this difficult time in our lives. my child will no longer have the opportunity to spend birthdays or holidays with his dad. daunte will never get to see his son's first day of preschool, elementary or college. they didn't even get a chance to play ball or sports together.
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this is not the way it should be. every time i look at my son, i am reminded of what was taken away from him. i show my son pictures and videos of his dad and his face lights up with the biggest smile and he says da-da, it hurts me because i know he had the chance to see his dad again, it would fill a hole in his heart that's now there. i can't take the place of his father and neither kanani other man. all i can do is hope and pray things get better from us. i suffer from severe ptsd when ever i am pulled over, i have extreme anxiety, afraid of making a mistake and something ending up going wrong. i can't watch any movies or
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videos that has to do with police brutality because it reminds me of daunte being killed. i got my son a poster of his dad that i keep in his bedroom, many times i find him staring at it. my son should not have to wear a rest in peace shirt of his dad. police are supposed to protect and serve the community. how will my son learn to trust police after what happened to his dad? i don't want my son to grow up afraid of the police or hating them. nevertheless that kim potter to be sentenced in the highest extent of time for executing my
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son's father, daunte wright. >> thank you. >> all right, here is the defense's arguments regarding sentencing. >> after that -- it is difficult words you have to hear by daunte's wright brother, sister, mother and father and mother of his child and the final part of sentencing hearing underway on the future of former officer kim potter. we'll take a short break and we'll be right back. you are watching "jose diaz-balart's report." jose jose diaz-balart's report."
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president could be questioned under oath as part of the investigation. new york judge ordered former president trump and his adult children, ivanka and donald jr. to answer questions of the business practices. they plan to appeal the decision. joining me now is ken dilanian and chuck rosenberg. ken, what exactly can we expect from this deposition of the trumps if forced to move forward? >> good morning jose, if you go online and watch previous donald trump's depositions, you will see trump is an incredible difficult who uses every trick in the book to avoid answering questions. it will be interesting to see
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whether the judge decides to hold these depositions in his chambers so he can be there in person to enforce the rules. given the ongoing criminal investigation to donald trump's business practices, mostly experts and i am sure chuck will say this, expecting him to plea the fifth amendment and refused to answer most questions and they'll be allowed to do that. eric trump took the fifth more than 500 times in october of 2020. the thing about that is a failure to answer can be used against them in the civil case. the civil case is a big deal. the attorney general can shutdown the trump organization if she proves it engages in fraud. given the manhattan da already indicted and given trump's accountant firm parting ways this week. it seems likely to believe that trump can't afford to answer many questions in the civil case. >> interesting, how unusual is this, i mean it is a civil case. >> so there is a couple of
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things going on. by the way, ken's explanation of the law was spot on. it is not unusual for one side to seek the depositions of another in a civil case. it is a way of discovering information and evidence. it is a little more unusual for there to be a parallel criminal investigation going on at the same time. not by the attorney general of the state of new york but by the district attorney of manhattan. as ken explains, my expectations is the trump children and trump himself if ultimately ordered to be deposed will invoke the fifth. ken is exactly right. i feel like i keep on saying that but it is true. ken is exactly right, a failure to answer questions can be used against trump in the civil case. it absolutely can't be used against trump in a criminal
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case. >> why not? #. >> right, the law that's grown up around that is if someone invokes in a criminal case, the jury could not infer anything of their refusal to speak or failure not to present to the defense. that's the law. to the defense. that's the law
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they know he makes all the decisions. that's why the sanctions that we're ready to impose on him, as well as those people are concerning to them. those sanctions bother those people who are making those recommendations but only putin has to decide, he gets to decide. he's a dictator.
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he's got to decide between invading ukraine or negotiating for his security. if he invades, those sanctions, those dead russian soldiers, the challenge to his regime will be very real. he knows that so he's got a hard decision to make. he can go to negotiations. that's his choice. he gets to make that decision. >> the biden administration is putting out a lot of information about russian troop movements, potential false flag operations among other things. do you think this is having some effect as to how things are playing out? >> jose, i think they are. so far they are. so we have exposed -- the united states has exposed some possible false flag operations, some possible attempts at a coup in ukraine, some placement of
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forces, of special forces, russian special forces in ukraine to conduct sabotage. all of this idea about provocations and all of these -- all the shelling that we're talking about now, that's been forecast. that's exactly what secretary blinken talked explicitly about yesterday in the security council. so, yes, so far it has worked. >> and so, ambassador, these are different times but i'm always taken aback to the time when the united states went to the united nations security council and said we have evidence that there are weapons of mass destruction in iraq and so there weren't weapons of mass destruction in iraq. are these sources now much more, i don't know, verifiable than they were when iraq had weapons of mass destruction? >> yes. short answer is yes, jose.
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this intelligence is very compelling. it is based on sources and methods that it would be a mistake to reveal. this is good information. we want to keep that information coming. i thought secretary blinken had the right answer to that very question that you just posed and that is back then, that intelligence was used by colin powell, much to his chagrin to start a war. and secretary blinken and president biden and jake sullivan are using this intelligence to try to stop a war and so far it's succeeded. >> ambassador, it's always a pleasure to see you. i thank you for your time this morning. >> that wraps up the hour for me. i'm jose diaz-balart. i'll see you tomorrow night on nbc news saturday. thank you for the privilege of
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your time. yasmin vossoughian picks up with more news next. time. yasmin vossoughian picks up with more news next rethinking how we communicate to be more inclusive than ever. with app, cloud and anywhere workspace solutions, vmware helps companies navigate change. faster. vmware. welcome change. men put their skin through a lot.
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hey, everybody, good morning. it's friday. we're almost there. i'm yasmin vossoughian, in for my friend. all signs of a high threat from russia, moving towards an imminent invasion. this morning one of ours ands said russia has likely between 169 and 109,000 personnel near ukraine. earlier ukraine's defense minister saying the possibility of a, quote, large-scale invasion of ukraine is still relatively low. the dissonance and this crisis is center stage in munich where the u.s. and allies are meeting at a security conference.
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