hey everybody, i am yasmin. if you are just joining, us welcome and if you are still with us than thank you for sticking around. nevada, the center of the political universe today is the counting continues in the race that could decide control of the senate.

officials in the county still tabulating results, getting this update just moments ago. >> we are still moving forward as quickly as we can. look, we know it's a serious count. there are people nationwide who are looking to see each results. we are not taking that likely, there is something that we have stopped here. i mentioned every single day, we are using every piece of equipment that is available to us and pulling staff on everything that we have to use for counting. >> the margin is razor thin and the state with democrat kevin cortez trailing by just hundreds of votes. making up ground pretty fast, but the senate results not tied at 49 seats for each party. a democratic win would mean that it stays in their hands. a loss, it will all come down to the georgia runoff. that is because democrats held on in the senate race in arizona with mark kelly winning over donald trump favor, blake masters. that has led trump to call for a whole new election in that state over false claims of voter fraud. claiming that even the candidate who lost is not making. it's part of a postelection meltdown that as the former

president lashing out. and all directions, we have had all of this coming for you. so i want to get right to it. moments ago, as i mentioned we heard from the clark out to nevada register our voters about the ongoing count. want to get right to nbc garrett who is standing by for us on the ground in las vegas from nevada. gary, bring us up today. the numbers we have heard of course at that press conference of what we can expect tonight. >> yes, 22,000 is the big number. that is how many mail ballots are left to be counted here in clark county. and they said they will get those counted, in the system by tonight. so what does that mean? it means the ballots that were mailed in the usps, postmarked by election day are going to be all counted by today. and it also ballots that were dropped in the drop boxes at polling locations on election day. that is what this 22,000 are made of. there is a couple other numbers to throw at you here. 7000 ballots have been cured which means, there was an issue with the signature on the ballot.

they contacted the people in clark county and they took action to fix their ballot and that has been taken care of. those ballots will count but will not count until next week. 7000 other ballots have not yet been cured yet. so what that means is that if they don't contact the county, by monday, their ballot will not count. so those two numbers for you, we will be getting the numbers of those 22,000. how they break down, this afternoon we are told later this afternoon specific time, evening on the east coast. we are told there is currently and the counting forward, which means they're basically a whole bunch of people sitting around the table inside of the building behind me. taken the ballots out one by one. checking the signatures, making sure they look good and putting the ballots into the tabulation system this afternoon. and then they get the results at that point yasmin. >> is the feeling on the ground to carry that the race could be called this evening? >> well, we like to look at trends here, especially nbc

news decision thus. doesn't do all of -- behind the scenes, they look at trans. what we have been seeing in all of these batches all week as that cortez masto, the senator from nevada has been picking up about 60% of the vote every single time a batch comes out from here in clark county. that is good is for democrats. if that continues, that could put her over the edge because right now, she is just down 162 votes -- there is also the county, with about 9000 votes left to be counted and wall so county. that has to be than today, the state alone has to be requested today. we are expecting those numbers to come out to, both roy show and clark county, to democrats and the rest of the state does speaker republican. >> i'm glad you clarified that that's part of the state law and not your request. it must be done today, although i don't think anybody thought that it was just your specific request. gary, thank you and get the talk to gary. once you get the arizonan our incumbent senator mark kelly has defeated as republican challenger, blake masters.

democrat is not one way away from maintaining control of the senate. and the governor's race between -- governor katie hobbs and lake, the race as too early to call. nbc von hillard is in phoenix, arizona for us. let's talk for a senator kelly given as his victory speech in his remarks earlier today. what was the message? if >> well, we want to let mark kelly speak for himself here. a little bit of go down the road in which he addressed supporters and i specifically asked him the question, even does he think that arizona for the third election cycle in a row voting for a democrat is more of a reflection of arizona's embrace of the democratic party? , or is it more so a continued rejection of trumpism? and i think what you hear in his speech remarks, what we are about to play, i think his representative the answer that he gave to me after the event. take a listen. >> the way to solve these problems as not by pointing fingers. it's not by dividing people. it's by listening.

and finding common ground. and as we see, and the results here in arizona and across the country this week, no one party has a monopoly on good ideas. or the support of voters. but i have seen that when we seek to represent everyone, not just the people who voted for us, we are capable of extraordinary things. >> mark kelly making it clear that he believes arizonian's are voting on an individual who they see as somebody who is a decent person to work with. it is open to working with others and contrast to somebody who is more combative, and representative of a republican party over the last several years. that has been wholly resistant to trying to work across the aisle. >> let's talk the governor's race if we can hear. where are we expecting to get more of a vote drop for that race?

to see where things land? and if in fact kari lake loses, now in a tory's election denier who denied election results before the election happened, how do we foresee here are reacting if in fact she is not able to pull through with a win? >> number one, i've asked the county officials yesterday whether any campaign here had come to them with any claims of irregularities or fraud. the answer to that was no. as for the results that we are looking at right now, we should anticipate around 10 pm eastern tonight, 8 pm local about 80,000 more ballot results to be released here. and these ballots should mimic, should reflect what we should expect to come out and the next four or five days as well. so tonight, will be the major indicator of where this races had it and this kind of feels like when you are getting near the end of the semester yasmin, and if you go back to high school, you are doing your tests and you're like i have to get the certain percentage point in order to still have a

chance at passing the class. that's essentially what this is here every day for the campaign. tonight, the percentage that they have to win, we are looking at about 53% for them to legitimately claim that they are still in the ball game. they have to get 53% to katie hobbs 47% and order to have the capacity to close the gap here in these next couple of days. if let's be, frank if kari lake is under 50% and in the batch that is released tonight, the democrat went four of these ballots, here we should be getting pretty close to calling this a ball game at this point. >> that thing is though, most of the drops have been trending in hobbs's favor. it would be a pretty major acts like a pull off a 53% win right? not when bought result. >> now last, night it was a surprise yasmin. it was a surprise to everybody on the left and on the right when hobbs and mark kelly both expanded their lead. the expectation is that it was actually going to shrink. we have been saying this week that we expected folks that

were hand-delivered in their mail ballots to trend more republican, like they did in 2020. largely out of skepticism of the mail voting system. every time we said, that we also out of precaution that, look we don't know it voter happens. we don't know why mary alice, down the road is going to go and turn in your mail ballot and she may be a democrat right? her maybe her joe neighbor might be a republican. that is for voters to decide how they go and vote. in 2018, it was democrats that won this batch of types of votes. so you, now let's wait for the badge to come out tonight. >> mary ellis and joe, always holding up the results of the election aren't they? those two? fine miller, thank you so much. good to talk to you. all, right with that i want to bring in a -- and msnbc political contributor. here we are matthew, my gosh we made an appointment and we are together again. i don't think either one of us could have predicted this was going to happen. >> there is also be what they are but.

>> yasmin, didn't i say when we talked on saturday that i bet we will be together next saturday and the still as not been called yet. >> no, you are right but certainly the conversation does not trend towards the results that we are looking at possibly now. with a real possibility that democrats could retain control of the senate and maybe even retain control of the house. although, that seems further off from reality that of course, the senate. he was talking about an arizona matter if we can, pick your brain about what you will be watching for with this final droplets that seems to be in nevada. and of course what we are waiting with results in arizona and the governor's race there. >> well i made first arctic arizona because we obviously have the call already on the senate race which makes it really dicey for the republicans. now they have to go to four, to one race and it's not even set until december. but for me is the question was, where the spell is going to look more than 2020? where donald trump won, then these batches that are coming? or more like 2018, where the

democrats won. the first batch they released last night look more like 2018. if that batch comes out tonight, again and looks more like 2018, to me and to my, mind this race as about ready to be called in that way. and my math says that kari lake has to win the batch by at least 54%. she has to have an eight-point lead or higher in the course of this. we can be again one of the situations where you get a republican batch and then a democratic batch, so it may not know. but if it's another batch like last night, and i think we have a pretty good indication of what is happening. nevada, i would much rather be the democrat in the race at this point in time because of what is left out there, where the league stands in this. again, i think we will know tonight that where this race is, we may not say we call it because there are still some folks left out there. i think if you are a betting person in the course of this, you want to be the democrat right now as opposed to the

republican. >> if the dems pull through a nevada, what do you think that says about turnout in the runoff in georgia? >> it will be really interesting because, both parties then and some degree have less of an incentive to put a whole bunch of money and because they know the races decided. and my mind, what they have to be thinking about is this is a six-year term. he only had a two-year term already. this is a six year term which means it gets through 2024 in 2026 and all the way in 2028. that is why think this race is important. the other consideration in, it i think that will be starting to talk about after we know where it is headed as the 2024 senate map is not beneficial to the democrats. so they need every senator that they can get now to defend a harder map in 2024. so i think that you will see the turnout high in georgia. i think people still believe the stakes are high. the question is, how much money

they're going to put in a race that in the short term, won't affect things but in the sixth year, four year term, affects things traumatically. >> i want to read for folks this tweet, it is pretty interesting your take on the democrats control of the house. i know dams want to win the house but if you just look at this from purely a political election standpoint, that bastress of going into 2024 is holding the senate and having the gop have the house barely. gop will be in total disarray's majority and dams can highlight. can you expand on this for us? this is by the, way a real strategy here thinking. a real yes, the little saturday strategy session we are having. what i'm saying is that if you are joe biden or another democrat that is running and he decides not to run. you are running in that time or if you're democrats are running in the senate or house, you want something to point at as a problem. if they hold all of the branches and they only hold on the house fairly, they basically won't be able to get

anything done anyway. they won't have anybody to blame. if the republicans hold the house barely, they will have a hard time getting anything done. it will highlight the insanity of some of their members. that small of a margin in the house. it makes a great foil for the president and for other democrats to point and say, see they hold the house and they are not doing anything. or not only are they're not doing anything, it is crazy bill. so in my view, if you will have only a few votes and i go either way, politically speaking, politically speaking then you are better off for the republicans having a small majority instead of you holding all of the branches. >> that is interesting. let me ask you one more thing, john molson was on a bit earlier. and i was wondering why it was not necessarily calling foul about his election. you mention of, course if you can follow but his election then it'll call into question the governor's race. the republican obviously winning there. that is not necessarily true or not sure from what we are

seeing play out in arizona. was senator kelly pulling a win there. what do you expect from kari lake if in fact she loses this governor's race? >> well you have watched over the course of this campaign. and she says she is willing to say and do just about anything. so who knows? my guess is she will call, she will not be able to accept the laws. sort of a female version than arizona female version of donald trump. she will not be able to accept the loss or her sort of gigantic narcissist and will not allow that. she will claim fraud. what i find amazing about this conversation going on and the maga world that i have observed over the last 24 hours is on one hand, they say stop counting and they want to stop counting ballots and nevada. and on the other hand they say we need to keep counting votes and arizona. so it's completely, it's and conflict in this. my guess, is kari lake will not go gently into the night. >> yes, sounds familiar though as to what is coming out of them.

matthew dobbs, thank you so much, see you again next saturday? >> i hope it's all over by them but i'm happy to come and see you. >> thank, you go to talk to. you still ahead this hour, steer here live from georgia of the senate runoff that could potentially decide control and washington. and former president donald trump during the january six committee indicating that he has no plans to testify before them next week. but first this. ukrainian city of kherson celebrating a celebration of the russian forces retreated from the area. what this major development could mean for the war. that is next. that is next announcer: derek jeter ...or plan? maybe... it's because in dreams, you can do anything. in dreams... you can hold your entire world in the palm of your hand. and turn time inside out... again and again.

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president biden's and company is part of the second leg of history country international swing. he spoke with members of the association of southeast asian nations where he emphasized united states commitment to deepening peace and prosperity throughout the region by protecting against threats like climate change, and the economic fallout of russia's invasion of ukraine. on monday, biden will meet with his chinese counterpart she shooting. all right i want to turn now to the war in ukraine. we are celebrations are currently underway for a second straight day in kherson. it comes after the kremlin announced a retreat from the strategically and country in the southeast. kherson have been under russian control for the past eight months. sky news alex rossi is on the ground here. >> we are walking in out of the

central square in kherson city. you can see of the administrate building over here, the flag flying. people are still gathering here. very, very emotional about what has happened. they are shouting glory to ukraine. and they're also gathering here, i am being wrapped up in the blue and yellow. [speaking non-english] this man is basically think in the military for coming and liberating the city. also gathering here for another reason. that kherson has effectively been under a blackout during the occupation. and military here that you can see, are setting up an inter service so that people can contact their loved ones. the first time in nine months of occupation, they can tell people that they are well.

there are also many stories that we are hearing about people who don't know where their friends and predecessors are. as you can see, this is a huge moment for ukraine. it's a huge moment for ukrainians. it's an especially huge moment for the people of kherson who thought, didn't know when they would see this moment. when they would be able to chant their national anthem, show their flag again. they thought in many ways, it might not come. the stories that we are being told us that the russians simply vanished overnight. they just disappeared from here and left the city. >> joining us now is karen rudik, a number of ukraine parliament. carrie, you have provided incredible analysis really on the ground presidents for us and describing what is here for us in ukraine. the fighters have been so committed and diligent about and their fight against the russian military. and now this retreat from

kherson. talk to me personally about how incredible it is to see that happening and what it means for ukrainian people? >> yasmin, it is incredibly hard to control emotions when we are watching videos like this. and know the videos from kherson. it is so important for many reasons. first, people who were under the occupation are now free. they're free to do whatever they want. they are free to sing the national anthem, free to go to ukraine, visit their relatives. they are free to live their lives and this is so important. this is why we are fighting. this is why this war continues and this is the reason why we are not giving up on any of our territories. because all of them are waiting for ukrainian army to come and freed them. and you see on the videos that it is all genuine. that people really are so happy. second point is for all of ukrainians.

this is a victory that we've been waiting for so long. and there were so many people on the world who did not believe that we would do it. and we have done it because we believe that we would do it. and we believed in our army and we have never stopped pushing and saying that ukraine will regain its sovereignty. we will be freeing our country. and this is so emotional because with all of the struggles and outages, blackouts and lack of freshwater and bombarding and attacks and bomb shelters. there should be a place for something good and this is so good. to see that at the, and the good will win over evil. and that freedom will win over -- this is what is happening right now. you see for the people of kherson and for the people of all of ukraine, this will be remembered in generations. that they won kherson was

liberated. >> how much longer do you think the struggle will go on with the extraordinary success that the ukrainian military and the ukrainian people have been seeing so far over the last ten months? >> well, this is mutual success. every time when you hear about ukrainian victories, and when you see our soldiers winning. i think everybody who supported us throughout this way need to look in the mirror and say yes, we did well. and we are able to push forward as long as we have the support from our partners and allies. with the weapons, money and supplies. another goals of course to regain ukraine sovereignty. we don't not have to align for that. we say as soon as possible. we understand that when the winter hits, it will be much more complicated to fight but even right now liberating, the

largest city that was captured since february 24th. i think that we are at the great progress. >> ukrainian paul learned member, carrie rudik, we appreciate it. up next everybody, live report from atlanta on the georgia runoff election. plus the battle to lead the republican party. what former president trump's public attacks on newly reelected florida governor ron desantis says about a potential showdown and the future. be right back. be right back. i recommend nature made vitamins because i trust their quality. they were the first to be verified by usp... ...an independent organization that sets strict quality and purity standards. nature made. the number one pharmacist recommended vitamin and supplement brand. ♪ hit it!♪ ♪it takes two to make a thing go right♪

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i was busy cashbacking for the holidays with chase freedom unlimited. you know i can't believe you lost another kevin. it's a holiday tradition! earn big time with chase freedom unlimited. ♪ ♪ once upon a time, at the magical everly estate, landscaper larry and his trusty crew... were delayed when the new kid totaled his truck. timber... fortunately, they were covered by progressive, so it was a happy ending... for almost everyone. welcome back everybody. for a second time in two years, a runoff election in georgia could in fact determine control of the u.s. senate. depending on what happens in nevada this weekend. the race between incumbent democratic raphael warnock and gop challenger herschel walker is shaping up to be a very expensive one of the -- and is following this race for us from atlanta. talk to us about the messaging here. i am curious right?

three weeks out for this runoff. have they changed the way in which they are campaigning messaging? >> you know, there has not been a major shift yet here. particularly, from the messaging that we saw from the walker campaign on thursday. they are really staying on track. i think as approach is going to be to really fire out the republican base here in georgia. a little bit of a shift from the warnock camp. we saw him on thursday at the event here in atlanta talk about unity, this is a race that will be about competence and character. and he made a very clear pitch to voters who may not have voted for him this time around. some of the more middle of the road, moderates. people who were voting for camp at the top of the ticket might be a little bit less comfortable with herschel walker. who is backed by president trump. and you, know their team thinks of the fact the former trump will be announcing likely on tuesday that he is running for reelection, that will be sort of the wind that ends up behind the democrats back.

that this environment, a red wave that never was. where there is a fair amount of anti trump sentiment. that is going to help raphael warnock out. take a listen to both of their messages as they restarted this part of the campaign. >> man the guy i'm running against, he is a sneaky double is he not? he's a sneaky one. i knew that when i saw him. and my father told me about those smooth walking, talking people. they dress so nice and they get up and all of the big words. >> this race is about competence. it is also requires an awareness of the challenges facing georgia and a willingness and ability to work with him to address them. herschel walker has shown us that he is not capable. he is not ready to do any of that. in fact, he has shown us that he is not really interested in doing any of that. >> the next three and a half or so weeks, it will be a tough

fight between these two candidates. a lot of people are talking about, this only in the context of who is going to get control of the senate? certainly that's a conversation here. i think if nevada decides that question before we get here, you know it is still a major, sort of cultural question here. the question about trump, question about power and sort of what georgia is becoming and the future is on the minds of a lot of voters here. i think a decision between walker and warnock will weigh heavily on voters. they are talking to people who already voted for them, reminding them they have to do it now a second time. also trying to bring new people to the polls. and these three and a half or so weeks will go by very quickly. it will be winner takes all. who gets the most votes? who can get the most people to the polls? >> and for us, as always thank you. meanwhile, the former president publicly escalating his feud with newly reelected ron desantis. trump calling him ron desanctimonious. and an average republican

governor with great public relations in a series of france on his social platform. trump going out to say ron desanctimonious is playing games. the fake news asks him if you will run if president trump runs and he says i'm only focused on the governor's race. i am not looking into the future, and terms of loyalty in class, that is really not the right answer. that's a former president speaking, not me. joining me now the host of fast politics, podcast and special correspondents for vanity fair. molly jong-fast. sorry, i was reading so much of that tweet that it's hard to get to the title. let's talk about how badly trump backed candidates actually turned out to do? that was not the narrative heading into this election and yet, here we are today and across the board. so many election than i, are so many trump backed candidates lost elections. >> i think the ponded industrial complex and not get these voters their credit that they deserve right? they did not like these people, they rejected blake masters.

they rejected so many of these election deniers. we still don't know what will happen in arizona or nevada. but it really was, the american people said they don't want crazy. they want to know, normal, boring candidates. >> do you think it's because oftentimes folks like the former president are the loudest voices in the room right? highlighting kind of some of these conspiratorial views that so many of his followers have. it just seems as if that is how the republican party is turning and that makes folks overlook what is actually happening in this country? a rejection of that way? >> i think that it. i also think the polling was so, polling has been off now in 2016, 2018, 2020. 2022. and you know i just think that we get a little bit of information, try to extrapolate. the truth was there is a lot of headwinds right, there was inflation and high gas prices but it did not matter. people said what really matters

is competence, what really matters is people who are just going to uphold the law until it was a very exciting, and i thought it was very exciting election. we saw the american people are, they do not want to fission. they don't want autocracy, they want to be governed by normal government. >> if you look what's happening in georgia for instance, you cannot but wonder if the conversation is now looking at the former president saying do not go to georgia if you want herschel walker to pull through a win here. according to the reporting that we are hearing from politico, a lot of republicans are laying blame at the feet of the former president. aides to court of who they believe to cross them in the elections aftermath. like virginia lieutenant governor when some series, who called trump a quote liability and said she cannot support him in 2024. it was not so establish republicans -- new members of congress, commentators on fox news. and even his favorite hometown paper, new york post we all saw this right? around the front page painting him as trumpy dumpty. very new york post.

>> yes, i think that is right. i think that you are seeing look, you are seeing a factual right? some people are going team match and some people are going team trump. it looks like there will be some kind of big fight for that 30, 35% that this really need. that is the republican base. i think it'll happen. this would be the second runoff that trump has gone in and messed up for republicans. and i know that there really would rather have a desantis up there or a youngkin or somebody who is more moderate. i don't know that you can stop trump when he wants to do something. >> unless he is not elected or does not win right? >> but i mean to campaign and the runoff, i don't know that you can prevent him by telling him not to go. >> let's talk about this desantis, trump move right? we are expecting this announcement coming on tuesday. likely it seems as if it'll be the former president announcing he will be running for reelection in 2024. of course, rumors and talks about rhonda scent is running

for president as well. and this is from politico again. i think ron is clearly living rent free in the former president's head. a georgia-based strategist, stephen lawson said that it was communications director for the center successful 2018 run for governor. ron has not said a single word. governorthey think smartly tuess huge win allows them to keep talking about his record about having to acknowledge trump. >> yes i think trump will announce. it seems like he will announce -- already endorsed him. and, so i think she probably knows what will happen? he will announce and it'll be, i don't know and i think it'll be sort of a war between him and the santas. you are already seeing him are also reporting that like the donors, the advisers would rather have desantis because they think that he is more of an electable candidate. but i don't know that you can stop trump from running. >> yes we will see. we will see come this tuesday and beyond. john, fast my friend, great to

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and living room seating up to 65% off. search, shop, and save at wayfair! ♪ wayfair you've got just what i need ♪ welcome back everyone, following breaking news moments ago. to world war ii airplanes have collided and crashed. the winds over dallas airshow, at the executive airport in texas around 1:20 pm local time. at this moment, it is unknown how many people were on board the aircraft. the faa and national transportation safety board say that they are continuing to investigate. all right, i would take a look at other top stories that we are following this afternoon. cleanup and recovery efforts are underway in florida following the impact of hurricane nicole on thursday. the storm at landfall as a category one hurricane. flooding the streets and bringing down trees and power lines. several doesn't beach front homes and buildings were destroyed. and strong winds brought several feet of sand inland as

well. at least five people have died. after alec baldwin has filed a lawsuit against crew members of the film rust, cinematographer halyna hutchins was killed on the senate of film last year. when a prop gun allegedly held by baldwin fired in her direction. baldwin suited alleges that there was wrongdoing on the set that led to her death. and that he was told the prop gun was not loaded. and the biden administration is no longer accepting applications for student loan forgiveness after a second federal court shut down the program. a trump nominated judge in texas ruled that biden overstepped his authority by going around congress for the fate of the student debt relief program is likely determined by a supreme court. all, right listen to this. f t x, cryptocurrency exchange company announcing that it was filing for bankruptcy. the move sent shockwaves through the industry. and sparked government investigations that could lead to criminal charges. and bc dana griffin reports. >> cryptocurrency exchange, ftx

has fumbled. once a rising star in the cryptocurrency arena, even putting its name on this one in miami. >> a lot of my friends think it's the worst freak in cryptocurrency history. >> the battle of cryptocurrency acts exchange collapsing at speed. customers trying to access their account as rioters reports at least a billion dollars of client funds may be missing. according to two sources who helped senior ex the f positions until this week. in a 23-page bankruptcy filing obtained by cnbc, ftx obtained it is more than 100,000 creditors. as it's raising from 10 to 50 billion, as well as liabilities in the same range. the company ceo sam bankman-fried resigned friday on twitter. i was shocked to see things unravel the way they did. >> ftx customer and finance youtuber, julian figaro says he has tens of thousands of dollars stuck after the exchange halted withdrawals. >> it feels like a gut punch and betrayal.

>> the company had a host of celebrity endorsements. >> the best way to get in the game. >> a multi million dollar super bowl ad that started out as a joke. investors no longer find it funny. >> ftx it's, an easy way to get into crypto. >> i don't think so. >> ftx unraveling is causing ripple effect, causing stricter -- >> we have regulators and policy makers to shape the structure of marketing and keep consumers safe. >> once a crypto cover boy, media atlas are reporting the sec and justice department are now investigating ftx. former sec enforcement officer, jon thinks that cryptocurrency is not a good investment. >> it's so volatile, how would you ever use it to pay for one thing one day when it is worth a lot less the next day? >> i think the best situation that you can put yourself in is to actually expect zero out of this. try and move on. >> my thanks to nbc dana griffin for that.

after the break, trembling the executive privilege guard once again. what we know about the former president suing the january six committee over their subpoena, arguing that he has gone quote absolute immunity. be right back. ity. be right back. .... hey, what's going on? i'm right here! i was busy cashbacking for the holidays with chase freedom unlimited. you know i can't believe you lost another kevin. it's a holiday tradition! earn big time with chase freedom unlimited. ♪ ♪ good news! a new clinical study showed that centrum silver supports cognitive health in older adults. it's one more step towards taking charge of your health. so every day, you can say... ♪ youuu did it! ♪ with centrum silver.

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in the january 6th committee's investigation into former president donald trump. late last night, trump filing a lawsuit against the house committee. he is hoping to block the subpoena issued last month that called for him to testify about his involvement in the insurrection and provide documents. his defense team claiming in the suit that he has, quote, absolute testimonial immunity from having to appear before congress. joining me now is former federal prosecutor and legal analyst glenn kirschner. talk to me, glenn. absolute testimonial immunity. then you have liz cheney's response saying okay, we are going to consider next steps here. what other options do they have to compel testimony from the former president, and what do

you make of that defense? >> first of all yasmin, absolute immunity is not a thing. there is a fairly famous trial court opinion from judge john bates out of the federal district court in d.c. from 2009, where government officials in the george w. bush administration tried to play the absolute immunity card, and judge bates said, i am paraphrasing, it's not really a thing. so let's add it to the side. that is not president, because it didn't make it up to the appellate court, but it is a pretty strong signal. now, are we surprised that donald trump is trying to delay matters again, and perhaps run out the clock until the j six committee is no longer in existence, assuming that happens on january 3rd? this is clearly just an attempt to delay, to weaponize the delay in the court system. next steps, well, i assume the j 6th committee's legal counsel will go in, will refute it, and i think that they will have a winning position. but the question becomes, can they litigated quickly enough

to be able to get him before the committee before the committee is no longer a working committee. >> let's look ahead to tuesday, the possible announcement from the former president that he's going to run again for 2024. what do you think about the possibility of him appointing a special prosecutor if in fact he makes that declaration? >> yeah, i think that is a bad idea. and in a word, delay. it will cause more delay, a special prosecutor will have to get up to speed, hire a staff, set up an office, and then we will have to begin reviewing everything the department of justice has already done by way of a criminal investigation of donald trump. so that will delay matters. and i think that this is something the department of justice needs to tackle itself. and it can tackle it. it is in a position to talk a little. >> so, merrick garland, when it comes to the mar-a-lago documents in that investigation has said repeatedly that this is not going to be a decision based on politics, it is going

to be based on facts and the truth, and what we decide to pursue. the fact is, by next week, they may very well be potentially investigating someone who is running for president of the united states, running for reelection. what does that say to that argument of pursuing based on politics, because either way, both trump and his camp will make this about politics if in fact the doj decides to pursue the former president on those mar-a-lago documents. >> you know, every time that i had to make a prosecutorial decision i knew that i would make somebody unhappy. i think the person i was prosecuting, or if i was declining to prosecute, the victim, the community. so that is very liberating. and it should completely take politics out of the mix, because one way or another, merrick garland's decision will be criticized by someone. so i believe that merrick garland, when he says listen, we are going to follow the facts and the law without regard to how people might respond, the good news is that there is no rule or protocol,

or norm that says that when somebody has announced their candidate for office two years down the road, for some reason doj's investigative efforts have to stop. i want to talk about the midterm elections and acclaim the former president made as well. i want you to weigh in on. it this week he said he sent to u.s. attorney fbi agents down to florida during governor ron the signed this election in 2018. his former doj spokesperson actually been on the record and saying, that never happened. not a shred of evidence seems to really go back this up. what was your reaction to hearing that? >> i guess i was not all that surprised. and yet i was horrified that a former president would say that he interfered, intervened and it sounds like interfered in a state election for governor. by using his words, u.s. attorneys and the fbi. i think that department of justice has a responsibility to stand up, to refute that and defend its own integrity. and people think that the doj

can never speak about anything until they return in the indictment. that's not exactly true. doj does not talk about pending investigations but i actually think they have a responsibility to set the record straight. when a former president has implicated doj and wrongdoing. >> wouldn't that be potentially a crime? what he is saying he did? >> what he said he did in that post is you know, as the numbers were looking worse for ron the santas. he said the use of the parliament of justice to essentially stop the vote count. he of course said, stop the fraud. we don't really credit donald trump's spin on this. would that be you know, an election crime? and absolutely would if it happened. >> yes, all right. fun question as always, thank you. good to talk to you. still ahead everybody. >> ♪ ♪ ♪

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crane hoisted a spurs into place. the 14 ton tree is going to be decorated with thousands of lights and topped with a star, encrusted with millions of crystals. the christmas tree will be officially lit on november 30th. the approximately 90-year-old tree was transported to hundred miles from queensbury, new york, after the holidays the trees lumber would be donated to habitat for humanity. we cannot wait to see that tree all lit up, in its glory. that wraps it up for me everybody, i will be back tomorrow. simone starts right now. simone starts right now. >> greetings, you are watching simone. at this hour we are waiting for some important races to be called in the 2022 midterm elections. all eyes are on the senate race in nevada. ballots counted today, they could determine whether democratic incumbent senator catherine cortez masto pulls off