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here in new york. welcome to alex witt reports. the latest happening for you. a nail biting race to control the u.s. senate right. now it is 49 to 49 with georgia

headed to a runoff and nevada hanging in the balance, between a very tight race there between democratic catherine cortez masto and republican challenger adam laxalt. they are separated by just over 800 votes. we will wait for the end of the counting their, perhaps later today. the nbc news decision desk projected in arizona that rip democratic mark kelly will beat his republican opponent blake masters. -- democrats need 15 to remain control, republicans need to seven. republicans seem to be on track to taken troll at 222 democrats 215. new reaction from a congress kansas congresswoman on an issue she thinks helped her win the election. >> i think when you are fighting to protect some rights, fundamental rights that people have and to push back against

extreme attempts to have politicians making private health care decisions for us, i think that is a winning proposition. >> and a new challenge from a republican representative to on the left to his colleagues on the right. >> as we move forward, i think it's incumbent upon every elected official to cut the crap and focus on how we address the challenges that we are facing as a nation. and they are real. >> reporting for us on this still undecided races is gary from the vada, von from arizona, and priscilla from georgia. welcome. two you've, on at the mark kelly victory event in phoenix today, what's the mood like there? when my media we expect results in the arizona governor's race? >> --

arizona over the last 12 hours has been looking at the reality that democrats has been -- the beam r. kelly. nbc news projecting last night that we -- are still looking at 400,000 ballots that have yet to be counted here. mark kelly has a margin of significance. even with those ballots coming, in nbc news has determined we will not be able to catch up. mark kelly released a statement overnight. -- thank you for the people of arizona for electing me to the united states senate. from day one this campaign has been about the many arizonian, democrats independents and republicans, -- what is notable here alex is just about as a turn of the music on us, is that he had to win over independents and even some conservatives to pull this

off. for the third term in a, row they have elected democrats. >> let's go to gary grumbach from north las vegas. we have the nevada senate race. that's the nail-biter, a bitter one today. what are the expectations there? when will we know the outcome? >> i want to talk you through what is yet to be counted. that will give us an idea of when the nbc news decision desk may be able to make a call here. we're still waiting on 20,000 ballots from clark county will to be counted, and 9000 ballots in washer county. those will pretty much decide the race here in nevada. these are mail-in ballots. they are also ballots that were dropped and drop boxes on election day at polling sites. we want to talk through the big batch of votes.

in clark county, we have 27,000 votes, cortez masto picked up with -- laxalt picking up 9000. in what show county, these ballots drops have been skewing towards katherine cortez masto, about 60%, that is been a trend throughout the entire week. and the decision just likes to see trans before they make decisions. -- why we are on election day five here. here's what the county clerk include county had to say. >> i can tell you with a great deal of confidence that everything we are doing here in clark county is moving those ballots as quickly as we can, but i have to caution you in saying, we don't want to move too fast. we want to make sure that we are being accurate and validating signature in the identities that it holds. we are moving at a pace that i think it is a good pace for the

amount of stuff we have on board. we are fully staff. all the equipment we've have available is being used. saturday we will have a majority of those ballots reported and tally. >> so, we've got into a bit of a rhythm here in clark county. at 11:30, pacific times, in a few, hours they're gonna have a press conference where they are going to announce how many ballots they will drop later this afternoon. and later this afternoon they will drop those ballots. this is the final day for them to count those specific mail-in ballots. with >> why is it the final day? do they have a drop dead time? isn't it by 5:00? that's their own self inflicted, you gotta get it done by this point? >> yes, there is no drop dead time, it has to be done sometime today. they have been going home in the evenings. they have not been doing this through the night. they did say around 6 pm pacific time it would be done by. >> all right, gary, thank you so much for that.

meanwhile let's head to atlanta, nbc's priscilla thompson standing by for. us priscilla, welcome. how are warnock and walker preparing for the runoff in just over three weeks? >> three weeks until election day two point oh. two weeks until early voting begins here. guess what? people can start requesting those absentee ballots right now. that voting is going to be getting underway. there is really no rest for either of these candidates as they are working to make their final pitch to voters here. both of them expected to be out on the trail this weekend, tomorrow, continuing to make that pitch to voters. what we are hearing from the incompetent reverend raphael warnock, he's talking about his bipartisan record. essentially painting herschel walker is someone who is unqualified. at the same time, we're hearing herschel walker saying that reverend raphael warnock is too extreme, and that is why he is

the better candidate. i want to play some of what each of these candidates have been saying in recent days. take a listen. >> you heard in. all of a sudden and that debate he couldn't speak that slick top, boy did into. he became scooby-doo it's a moment. you all heard that. did you not? you all heard that. because in that debate, they asked, him they said sir, would you vote for joe biden in 2024? and he went, oh, oh, oh. >> apparently i'm running about someone who lies about every aspect of his life. his own staff says he lies like he's breathing. so the question right now is this, is that what we want? >> no. >> representing georgia? >> and you heard there, both of those candidates on the attack. what they are really trying to do here is get people to turn out.

runoffs are all about turnout. i was here during the last senate runoff here in georgia when half 1 million less voters showed up to cast a ballot in a runoff than they did in the presidential race. we know there is no presidential race on the ballot. there is no governor's race on this ballot. that will present unique challenges for herschel walker because, as we saw, he does not keep pace with brian kemp, who was reelected for governor here. that means voters who voted for brian kemp did not necessarily cast that ballot for herschel walker. he is going to have to work hard to ensure that republican voters turnout for him, as is raphael warnock. that is why we are seeing the some of those big names surrogates coming to town, with ted cruz here campaigning alongside herschel walker earlier this week. that is likely only going to continue. and of course the ads. people will be eating their thanksgiving dinner watching the game on tv, and continuing to hear those political ads up

until december 6th, which is of course election day for that runoff race alex. >> i'm sure they don't want that in the background during their thanksgiving day dinner. and when asked my director, robin if you put that graphic backup that shows the third candidate that was in the race, now gone, if there's any conventional wisdom without mr. oliver in the race, where those votes will be going to whom? >> that is a great question. i'm sure a lot of folks would love to know the answer to that. it's hard to say. it's gonna come down to those voters learning a bit more about the other two candidates and deciding which one do they feel more aligned with. at this point, it's very hard to say where those votes are gonna go. it's gonna be crucial in deciding who wins this race. >> if they turn out. because to your point, there were half 1 million less votes in the runoff two years ago, so

do these folks feel complacent at this point? while the person i wanted originally didn't get where he wanted to go, so, we'll see, anyway priscilla, thank you. coming up next, i'm going to show you a clip of steve kornacki talking about some of the races and california that are uncalled. how long they might remain uncalled, that might blow your mind. msnbc next. msnbc next november 10th through 23rd and get our best offers of the year on business internet. plus, a complimentary tech check to find the right tech for your team. call or click to book an appointment. help your business stay ahead with the reliable connection and coverage your business deserves. at verizon small business days. from the network america relies on. verizon. ubrelvy helps u fight migraine attacks. u put it all on the line. u do it all. so u bring ubrelvy. it can quickly stop migraine

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expectation for this. there's so much of standing. there could be such big swings in the vote that comes in because it is late arriving mail ballots, mail ballots that were dropped off on election day. it's piles of ballots that they process, very slowly, so you get these updates maybe once a day, once every few days and the numbers slowly tick up. some of these districts will

not be called maybe in a gym until december. >> what a prediction there from nbc national political kornacki steve kornacki. joining me now is pennsylvania congresswoman madeleine dean. -- as i welcome you, first of all, your reaction from what you heard steve kornacki just say, december? >> well, i have to admit, i hope steve get some sleep, my god he has been doing some amazing reporting. i don't think that is entirely surprising. these elections, as you saw in pennsylvania, a razor thin in some cases. it is important that every vote count. we know in georgia, we're headed to a runoff. i'm patient. believing that every vote should count. and believing that what it really reveals is that there was no red way, democrats did extraordinarily well. >> they did. in fact, major victories there in pennsylvania, on top of your

own reelection, which i'm applauding. democrats have added two new house members, second democratic senator, a new democratic governor. how significant are these winds for pennsylvania and democrats in general? >> it's extraordinary. i really want to compliment the voters of pennsylvania. you saw in the top races, our governor election shapiro winning by 14 points over a trumpster, an insurrectionist, to actually attended january 6th and broke to police barricades. you saw on the fetterman race, people thought maybe couldn't win, he won by a thing five points, 45 points, so you saw that pennsylvanians, voters, saw through, number one the lies, the deception and the fearmongering. they also saw the quality of the candidates. it was a stark difference between democrats and republicans in our own congressional delegation, the top races like susan wild and

matt cartwright, they want. and the two new seats in pittsburgh, our first african woman mayor american member of congress, and a veteran christian lucille. democrats up and down the ballot did extremely well. something else i wanted to point out to, it is so pennsylvania and so this election cycle, is what happened in the pennsylvania state house. i used to serve there for six years. look at where we are there. it looks like historically, we might take the majority. we have been in the minority, democrats, in the house and senate, for quite a long time. but right, now we have 101 seats. we need 103 to be the majority. two of the seats that are in play right now looks like they are going to go our way. it was a huge night for pennsylvania. >> wow. it seems like pennsylvania a piece to be a uniform color these, days as opposed to purple as that has been. let me ask you what you're doing right now, which is running for vice chair of the democratic caucus, which is

holding its leadership election later this month. why do you want to serve in this position? what has been the response of your colleagues? >> thank you for asking me about that. i'm very excited to make this run to be a part of our leadership team. what i've said to every one of my colleagues is that i want to be as useful as possible in this 118th congress, whether we are now they're now really in the majority, or narrowly in the majority, it's gonna be extraordinarily important that every member of congress be there. you know what democratic caucus? is it is ours. it is our most important body where we tell our leadership what matters, what our districts need, what our differences are. so, i want to do that to make sure every voices heard in a trusted place. i said in my letter, -- i know a little something about working in a complicated family, which is exactly what caucus is. a big, robust, them lay.

and i want to be there as vice chair to help lift every voice, every district, so that our policies and legislation we put forward reflects her beautiful diversity. >> that is a very interesting comment to make a being the youngest of seven children and a very important point to make. -- if people want both parties to move from the fringes back to the center, let's listen to her response. >> as someone who is often characterized as extreme, i of course with object to that. i do not believe than i am that extreme in the way that marjorie taylor greene on the public republican side is extreme. the idea that there is an equating of believing in someone who believes and guarantee universal health care in the united states with someone who believes that undocumented people should

incur physical harm somehow in the same level or stream is something that i would object to. >> do you agree with aoc there? to progressive democrats need to define this to americans, the way she just? >> i think she did draw that out perfectly. it's a false equivalent to call alexandria extreme at the is the same as marjorie taylor greene. what she is this progressive. and i happen to enjoy being a member of the progressive caucus and the new democrats cough kiss. we have to call out which is just plain false. marjorie taylor greene and habits the falsehoods of trump world, which i want to say we're so resoundingly ill rejected. even if she wins reelection, they were redounded lee rejected. donald trump is trying to remain relevance, but this reelection was a referendum on a couple of things.

number, one a referendum on will we continue to support elections in iraq? no is the resounding call for many of these races. and number two, will we continue in erosion of peoples rights, like health care and abortion rights? voters came out in strong numbers to say we are going to protect women's rights, voting rights, equal rights, and we are going to reject the fearmongering and election denying of those who still cling to donald trump. >> all right. well, we'll keep a very close eye on the democratic leadership election. i wish you luck on that my friend. thank you very much for your time. my next guest said there will be no red waif. -- and why he says abortion extremism could cost republicans for decades to come. to come allergies don't have to be scary. spraying flonase daily stops your body from overreacting to allergens all season long. psst! psst! flonase all good.

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of that area. joining me now is molly hunter in kyiv, ukraine. molly welcome. this is a significant take back of the territory. what's the latest? >> a significant take back of their own territory. a huge military loss for russian president vladimir putin. i want to get straight to our partner sky news, which was one of the very first people to get into kherson today. take a listen. >> it feels like big futurist coming here. >> did you ever think this would become -- ? >> from the very first, day i knew it was coming for sure. >> nine months of occupation? >> yes. you have to have something you live for. and this was the moment to love for. a new liberation is not something happening every year. it's something in five

generations and it's here to stay. >> now, alex, you hear interviews that alexa's done out of kherson city today with residents. they all say they believe, they knew the ukrainian military was gonna come and liberate this area. it's not just kherson city. it's also the villages and towns around it. we've seen videos of them cheering, kissing, and singing the ukrainian national anthem as the ukrainian military comes through. these are not just people have dealt with brutal russian operations, they've been without hot water, electricity, gas, also without connection to the outside world. you saw pictures today of people trying to get connections as these foreign journalists came in, calling their family and friends in other parts of ukraine, who have no idea whether or not they were alive, whether or not they were safe in kherson. using police for saying tonight is that the national police is up and running in kherson city.

they're telling people, don't come back to her sun city just yet. let us de-mine the area. let us make the area safe for civilians before people come back alex. >> i gotta tell, you are almost in tears just looking at the joy in people's faces, listening to it, it's pretty darn cool. what a wonderful time. and that one man who took his time saying, it feels like victory is coming. let's all hope. thank you so much molly. >> what i think they're doing is slow rolling our victory. they want to take the air out of this movement. and they can't do it. >> let's go back to the midterm elections now with just inform that there are 1000 outstanding votes to count in the key state of arizona. you just heard that trump back election denier kari lake accusing officials of slowing the vote count as she trails incumbent katie hobbs by just over 30,000 votes. but arizona election officials are hitting back. >> they are already working 14

to 18 hours a day. they are making a great commitment. we cannot go any further than that. we are doing what we can and still maintaining accuracy. >> maintaining accuracy. the key words there. arizona democrat mark kelly is keeping his senate seat over challenger blake masters, putting democrats just one win away from maintaining their senate majority. right, now simon rosenberg, president and founder of the new democrat network. a veteran of two presidential candidates. -- also the strategist who called it early, saying the red wave had not arrived. -- you were all over my show last weekend. to you it was obviously not

even a blue surprise. but first, following up to that report from georgia, when you look at the scorecard there, with republicans winning across the board, except for herschel walker, governor, secretary of state, attorney general, lieutenant governor, what do you make of walker's inability to win? >> well, we know that there is been a wide rejection of maga, the right way philosophy of donald trump that replaced conservatism a few weeks years ago as a governing ideology of the republican party. -- democracy, democrats, joe biden, or all the big winners of this election. you saw many of these extreme candidates all across the country lose. you just had a report from arizona, where the republican gubernatorial candidate there is one of the premier election deniers in the republican party. this is been a good day. a good week for the united states in america. i think people chose normalcy.

they want to get back to their lives after covid. they did not want more chaos and craziness. that 11 out in the election this past. week >> you call the pretty accurately so far. do you care to give your protection for nevada? >> yes, i think we are going to win the governor's race in arizona. i think we are going to win the senate race in nevada. i think cortez masto is in good shape there. i don't know if we're gonna win the governor's race, but the real interesting story to me is what's happening in the house. there's a wide belief now that we are going to get up to 2:16, 2:17, the house may just be decided by a single seat. it's unimaginable. either way, and we are not giving up the idea that we could actually run the house. that's where i think a lot of the drama's gonna be over the next few days. because we haven't had a house this close in a long time. can i just say one thing? the core argument that my partner and i were making over

the last few months was that we were not seeing a red wave, we were seeing a close competitive election, which is what we're seeing now. this is an incredibly close election. >> which brings me to my next question. you are already -- the next couple of years are gonna play out, you're looking at kansas and michigan in particular. what do you think abortion extremism is gonna cost republicans as you say for decades to come, especially if some states settle the question, as we saw happen on tuesday? >> i think this is such an extreme assault on fundamental rights that this is going to cause, what i called branden gradation, the degradation of the republican party brad for tens of millions of young people who may never view the republican party the way that they did ever again. it's so personal. four woman to lose bodily autonomy, is a lot more important than x costing 30

cents more. the republicans really screwed up. this was bad policy. it's very unpopular. it's gonna cause extraordinary harm to many, many people across the country over the next few years. i think it's very possible, and i think it's gonna be hard for republicans to understand the gravity of what's happened to them, because this was seen as a victory for them. it was a success. 50 years of fighting roe versus wade, and then there was a popular uprising against. the popular uprising may continue for election after election to come. the republicans might say hey, they did something really stupid and bat, and they're gonna pay an extraordinary price, not just this election but future elections also. >> but you say republican screwed up, but couldn't you also say the supreme court screwed up? look at the lack of confidence in the supreme courts right. now record lows. does the supreme court ultimately to blame? >> mitch mcconnell is to blame.

he was the architect of the current 63 majority in the supreme court. -- if they hadn't sneak that's six justice in if they bite denying merrick garland to be appointed back in 2016. -- the republicans have -- they have underperformed expectations. it is my hope that the grip of maga it's gonna be loosened on the republican party, that the list cheney win of the republican party will be strengthened and emboldened. hopefully we'll start to see the return of the republican party that which feels more like a center right political party in america. >> okay. but how much does that prediction, that hope happen, depending on donald trump not ultimately running? otherwise that's gonna push that off for a long time? >> or perhaps he runs and gets beat. what's interesting is that in the new a new poll, today has

the first time desantis beating trump than a republican primary. i think the air is coming out of the balloon for donald trump and maga. you saw the wall street journal attacking donald trump for being a loser this week. you saw the new york post mocking donald trump, another rupert murdoch publication. i think there's gonna be an effort by many in the republican party to throw maga and donald trump under the bus for this very disappointing election. we know that donald trump is not gonna be excited about that. i think there's gonna be a lot of drama ahead. i think it is possible that we have seen maga peak now, and that it is gonna wow the more reasonable members of the republican party to take their party back from the extremists who have taken it over in recent years. >> you are welcome on the show anytime. -- well done. thank you so. much >> alex, thank you so much. >> good, good, good, here's a

programming note for all of. you tomorrow we will talk to stephanie grisham, former communications director for millennia trump. the former president is blaming her, -- we'll have that at noon eastern for you. then at one eastern, filmmaker and podcaster michael moore is gonna give us his take on the way forward, after defying most predictions of what's gonna happen tuesday's election. that's tomorrow starting at noon, here on msnbc. the one thing that can hurt herschel walker's chances in a runoff, and donald j trump is all for it. that's next. that's next. kevin! kevin! kevin? oh nice. kevin, where are you... kevin?!?!?.... hey, what's going on? i'm right here! i was busy cashbacking for the holidays with chase freedom unlimited. i'm gonna cashback on a gingerbread house! oooh, it's got little people inside! and a snowglobe. oh, i wished i lived in there. you know i can't believe you lost another kevin.

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compared to democrats to 15, with a total of 218 needed to control the lower chamber. there are still 22 outstanding house races yet to be called in nine states. democrats still have a path to majority. amid all this political uncertainty, let's bring in alicia johnson -- and michael singleton, host of screen share and political insult consultant for msnbc on peacock. welcome to both of. you this red wave that wasn't. -- >> alex, i think what mitch mcconnell said six months ago, candidate quality does matter. i think you just had simon on, and i was recently listening to an interview he did with rick wilson, on just how detached many of those candidates were from many issues that voters really care about. --

you even had a state like arkansaw, i believe, or kansas i believe, the try to pass a bill to have stricter abortion laws, and almost every single county, including those that were for donald trump, voted with a democrats. they didn't want that. you're talking about conservative counties. for me it is strategist, a look at these things across the country, and i'm thinking, holy smoke, this is a great arguing point for the base, but once you get what you want, the -- which has to be more than just your base. i think republicans have forgotten that. for me, i'm looking at this as a moment to reset, the party has to go to a different direction. donald trump is more of a liability. take all those things into consideration, i would advise my former party to say hey, we need to look elsewhere in 2024. >> if you look alencia, despite the president's approval ratings in the low 40s, you had

democrats that were pretty much able to defy history. was it something they did right or again, was a more but republicans putting for these ill equipped candidates? >> i think it's a combination of a lot of things. let us be very clear. the the hobbs decision and dried our base. it was a deciding issue for young voters, people of color. it was the reason why we were able to register many new and first-time voters, particularly women. that is something that shows us that we speak to an issue that is so personal, and abortion is not about just health, care is about freedom. what that's why democracy so important. would because we have lost this right, in our generation, in our lifetime, then what else are they able to? do it's about republicans being extreme on issues we care about, as well as these horrible candidates. -- in february, the conservative supreme court said it's illegal

to racially gerrymander, so we are also feeling the impact of that. democrats have been able to hold strong. as you said before we joined this panel, there could be a possibility that democrats actually keep the house. it's a combination of bad candidates, staying on these extreme sides of these issues, and some of the the cheating to the republicans have done, it still didn't get in the way of our base. >> shermichael, was a midterm results via the different election if the supreme court, with this three trump appointed justices, hadn't overturned the precedent law in the land with roe? >> i think it's probably difficult to argue not alex. i have my own personal reason on abortion. but as a matter of strategy, and looking at the initial like that, and i'm thinking to myself, if we actually get what we want, it would be great for

the base, and they'll be happy and satisfy. but matt mathematically, i'm comparing my base, to the voters that we need, how are they gonna react to this particular places where i know that five to 8% of them are needed to win? if the results are gonna tell me they're gonna be on the negative of, this i'm thinking, guys, we have to pause the brakes on this. we maybe get what we want, but we're gonna have serious repercussions come midterms. i don't think there was really anybody articulating that point to republicans. i know we want, this is what we really have to think about how this will impact the party in the long run. -- a lot of people in the country would love to see republicans get back to being the party they were ten years ago, but we can debate on issues and we can debate on economics and foreign policy and divesting policy et cetera, but i think for a lot of voters, while they don't

necessarily like the direction of the country, look at president biden's approval rating for example, they absolutely hate what's coming from the republican party. many of them say, i don't like things from president biden, the economy, or immigration or whatever they want to throw the mix, but oh my, god i'm gonna give my vote to the democrats because of the fear what's coming out the other side. if that's not enough to fear them going forward, i don't know what is. >> -- do you want donald trump to announce his candidacy before the georgia senate runoff? could i actually help democrat incumbent raphael warnock? >> well, we have seen in this election that there is a divide for republicans actually remove themselves from being part of donald trump show, and being part of his coalition. it wasn't winning for them. honestly, the candidates that supported or were supported by

donald trump, they didn't do that well. it could actually be helpful to energize our base in georgia. raphael warnock did not get 50%, very close to 50%. and we can officially chip off some more of these voters, if they can see that the republican party, if we held him off -- >> shermichael, as we look at the number three republican gop conference share, she's the first member of the gop leadership to publicly endorsed donald trump for president. that was really a surprise to many. what do you make of her endorsement? >> i've known him for a long time. -- she was a speech writer. she helped focused on some minority outreach. it was really important to speaker ryan at the time.

i have a great affinity for lisa. >> i sense a but coming the. >> you do hear about. coming but, i just think alex, we need to play this process out. this idea that someone, whether it's trump or anybody, can just automatically be crowned the nominee of the democratic party or the republican party, is not fair to voters. give them an opportunity to decide for more than one candidate who they want. i think a tough primary process allows the best of the worst to come out in an individual characters. if it's trump and desantis and two or three others in the field, i think it will give republican voters an opportunity to say, how do we want to go? maybe we do want to go in a different direction. -- that just wouldn't have been an endorsement that i could have made early on.

>> she's putting a stranglehold on the republican party at this point. give folks a chance. always good to talk to both. thanks so much. meantime, it may be the biggest decision of his legal career, and nbc has new reporting on it next. ing on i next expert, november 10th through 23rd and get our best offers of the year on business internet. plus, a complimentary tech check to find the right tech for your team. call or click to book an appointment. help your business stay ahead with the reliable connection and coverage your business deserves. at verizon small business days. from the network america relies on. verizon.

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former u.s. attorney and host of the -- podcast. do you agree with that approach? i'm seeing a big not there. from what you know, is there enough to charge trump with illegally taking classified information? >> second question first. that's a really significant mind said that he is saying he's gonna follow. everyone who has seen it says yes, and there is much indication that that is what all the professionals belief. it does seem hard to say that nobody, anywhere, including the president of the united states will give any consideration to the broader question, is this in the best interest of the country? leave that to the site for now. -- if garland follows this analytic approach, it's bad news for trump, because the sign points so directly an

eminently to a charge. >> all right, but isn't the attorney general perry, is any all about maintaining law and order in this country? let's even set the site order. following the law. >> yes. but, we are talking about an unprecedented decision. it's a very justin virtuous way to go about. look at the nixon case for example. it was for, the president, not the training general, who said, is this in the overall in the best interest of the country? you can argue that the best thing to look at simply look at the facts on the law, especially since the other considerations point even more strongly towards prosecution. that is the way trump has behaved and how -- unrepentant he has been. it seems as if he has been difficult to be totally blinkered, but if anyone can do,

it is merrick garland. i will say again, the big news there is if you apply that formula, it's signals very strongly charges are coming. >> what about this signal, nbc news is reporting the doj has brought on david raskin, and experienced former terrorism prosecution, as well as trial lawyer david roddy in the markhalivka case. -- >> remember, this started out both as a national security and a criminal investigation. the national security folks are not pros when it comes to trials. these two guys are. it says very loudly to people who know doj, they are putting together a strong trial team. when you put that together when you are ready to charge someone and put him in front of a jury. >> okay. what about this other major development, as you know donald trump filed a lawsuit late yesterday to avoid cooperating with the january six subpoena

that required him to testify this monday, two days from now. the lawsuit said in part, that the subpoena stepped on his executive privilege right, and said that former presidents have voluntarily agreed to comply. but no president, or former president has been compelled to do so. any mid to that legal argument? >> i've gotta say, there is meat to the argument. it's interesting, remember, he was the one who was dying to testify. you can imagine the series of diatribes and public back-and-forth. he stayed quiet, that is lori's top and filed friday night. the classic time for burying something. the issue is not insubstantial. alex -- most presidents, former presidents, have agreed voluntarily, truman said he wouldn't, and the department of justice bike that decision. so it's not a throwaway argument.

there's of haase billeted that at least a court of appeals could make quick work of it. but if it goes all the way up, it will certainly go through january when a new congress takes over. you are just positing that maybe the dems run the table, but if they, don't you have to expect that this will in effect do away, finish the subpoena. last point, though is that the dems expected that. they still get to do what they wanted to, do which is put in the report that he refused to testify. >> does running for president given cover legally speaking in any way from further legal prosecution, discussion, in any way shape or form? you can answer that quickly. >> no. quick enough. >> i absolutely love. you thank you so. much of the. best depreciated. we'll see you again soon no doubt. the high for today in las vegas everybody, 62 degrees, but

voters are sweating because they're waiting and waiting and waiting some more for the results of that one senate race. we'll have details of the top of the hour. there's also that gubernatorial race. bernatoria race detect this: living with hiv, i learned i can stay undetectable with fewer medicines. that's why i switched to dovato. dovato is for some adults who are starting hiv-1 treatment or replacing their current hiv-1 regimen. detect this: no other complete hiv pill uses fewer medicines to help keep you undetectable than dovato. detect this:

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