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good day, i'm chris jansing live at msnbc headquarters in new york city. the defense with its final chance to keep alec murdaugh out of prison on murder charges. his lawyer picking apart the prosecution's theory about why he would have killed his wife and son and accusing state police of faking the evidence, the very latest from south carolina as we get close to jury deliberations. plus, president biden heading back to his old stomping grounds on capitol hill this hour, his mission and his message focused squarely on keeping democrats in charge in 2024. and as if delays and cancellations aren't enough to worry about, multiple cases of weapons trying to be smuggled to planes, a near collision, dangerous turbulence, the latest worries for an already exhausted flying public, more on the search for answers and for someone to fix this mess coming up. but, we begin at the alec

murdaugh double murder trial. the defense had e wrapped up its closing arguments on an emotional note. right now the prosecution is doing its rebuttal, and then the judge will give final instructions to the jury before they begin their deliberations. nbc's ellison barber is outside the courthouse in walterboro, south carolina, as she has been for a while now. we're also joined by msnbc legal analyst and former federal and state prosecutor tali farhadian weinstein. good to have you both here. what did we hear from the defense to raise reasonable doubt? >> reporter: yeah, i mean, the defense made the argument that this entire case from the prosecution has been based on speculation and theories. they argued that the main investigative agency here s.l.e.d., they bungled this from the start. they said they put out a statement 24 hours, less than 24 hours after this happened telling the public that there

was no threat to them. they say that is because they focused and decided alec murdaugh was the suspect and then didn't look anywhere else. instead they say they set out to try and make the facts fit the narrative that they had already decided on in their head. they say that the motive the state presented doesn't make any sense because it is simply not true. listen. >> why, why, why, would alex murdaugh on june 7th execute his son paul and his wife maggie who he adored and loved? why? the state's theory is that it was a storm a coming, clouds were arising, and his financial house of cards is about to collapse, and he's about to be exposed. because of that he does what

every rational person would do, go kill your wife and son. >> reporter: he began his closing remarks by making a reference to a court case, one of the other defense attorneys had seen in scotland telling the jurors in scotland they have three choices, guilty, not guilty, or not proven. he said in america we combine those last two, guilty, not guilty is the same as not proven and they argue that the case -- that the state simply did not prove their case here, and they tried to pull out some bits and pieces of evidence. they kept acknowledging what murdaugh acknowledged for himself on the stand that he has lied, that he has lied a lot. the defense said that as evidence of someone who is a drug addict and said addiction is real, drug addicts often lie and steal. that doesn't make it right, but that's what happened here, on

other questions of things where alec murdaugh was misremembering things or in the prosecution's view lying and changing times, things like that. they said ask yourself is that evidence of guilt or is that evidence of trauma? remember, they said this is a man who had just found his wife and son brutally murdered. >> so how do you think the defense did? what jumped out to you about the closing today? >> well, i think the defense did exactly what it had to do, but i think it struggled still with the best two pieces of evidence that the prosecution has, and i purposely say two pieces of evidence, chris. one is that murdaugh was at the crime scene about ten minutes before the murders took place, and second is that he lied about that, and lying about that is different from all of the other lies that have come out.

and as they kept saying being a liar is not the same as being a killer. and you know, all of the financial fraud and other lying may have been connected to his addiction and the spiraling out of control, but that lie about being there is a really tough fact for the defense, and i felt that they were really struggling to get over that hump. >> so the prosecution also -- and you know, we just heard this from ellison had painted murdaugh as a habitual liar, and in fact, he admitted being a habitual liar. they didn't disagree that he was pretty good at it. the defense tried to address that. but at the same time attacked the prosecution's theory of motive. take a look. >> he lied because that's what addicts do. addicts lie. he lied because he had a closet full of skeletons. he didn't want any more scrutiny on him, which is the most ironic

thing in the world because depending on which day of the week, their theory is that he slaughtered his wife and son to distract from an impending financial investigation. he puts himself in the middle of a murder investigation, and he puts himself in the spotlight of a media firestorm. >> did he do a good job of turning that part of it at least around? >> i think he did, chris, and if the fact of murdaugh being at the murder scene is the defense's biggest problem, this theory of motive is the prosecution's biggest problem. as you and i discussed earlier, in watching this trial, something about it just isn't really satisfying as an explanation for this kind of brutal family violence. it is true that his world was crashing down around him, he was in all sorts of trouble for all

sorts of things, but i think that the defense was right to say the prosecution had not done a great job in connecting all of that to the decision to kill your wife and son and particularly in such a grotesque way. and you know, it's not required for the prosecution to explain that, but they framed their case around murder, about motive, excuse me, and they said from the beginning he had not just the means and the opportunity, but he had the motive, and having sort of committed to that theory of motive, i think the prosecution had a weakness, the defense saw it, and it did its best today to exploit it. >> the question always tally is how long do you think before the jury will come back? let's look at the facts. the facts are six weeks, right, almost, more than 75 witnesses, 800 pieces of evidence. in your experience, do those kinds of numbers equate to how long a jury is in? do they feel like they need to

go through everything? are there clues like real hard evidential clues that might tell us how long this might take? >> well, you know, chris, as you know, juries often surprise us. we used to have a rule of thumb when i was a prosecutor that one hour of deliberations for every day of trial that would still be a really long set of deliberations, but this kind of guesswork is at our own peril, and this was a really unusual trial. for example, the jury here went to the crime scene, which is extremely unusual, and really a win for the defense that they were able to have that happen, so they have experienced the evidence in a way that is really different from most jury, and that might expect the speed of their deliberations. it might speed them up. >> tali farhadian weinstein, you're going to stay with us. ellison barber, thank you. any minute, president biden will be making a rare trip to capitol hill, day two of

rallying his party. today it's senate democrats following his speech to house democrats in baltimore last night with a message that links the party's future success to its accomplishments of the past two years. >> folks you all know how much we've gotten done, but a lot of the country still doesn't know it. that's why the big job in front of us is implementing the laws we passed so people start to sea it in their lives, all the benefits that are there because you produced it for them. you stepped up and got it done. >> i want to bring in nbc capitol hill correspondent ali vitali and former florida republican congressman david jolly and msnbc political analyst. ali, do we know what joe biden's going to be asking senate democrats to do, and will his message be any different than what he gave to the house today? >> look, chris, we've got an idea, and he's a little bit late, but he's coming or at least should be soon to this senate democratic lunch. chuck schumer, the majority leader did lay out what we might hear from the president. it sounds similar to what he

told house democrats yesterday. watch. >> if the last two years focused on getting our agenda passed into law, one of the focuses of our lunch will be on how the next two years will be about implementing that agenda. legislation must and will continue, but implementation will also be a top priority. >> and look, the difference here between the conversation biden is having with house democrats versus senate democrats is that senate democrats have the majority in their chamber. it's why we see them doing so much work on judicial nominees. that has really been their main charge, but look, the 2024 landscape is also going to loom really large here in this meeting, even if it's not spoken to outright. of course there's the question of whether or not biden himself is going to be on the ticket again for the presidency. that's something when i talk to senators quietly, they are often wondering when is that announcement going to come, if

it's going to come. of course you listen to the first lady, and it sounds like biden is likely to be on the ballot again, but nothing's official until he makes it official. but then there's also the 2024 senate map, and it's a tough one for democrats. many of the incumbents that they were questioning whether or not they would run again, now we're starting to see that people like jon tester who you and i covered in the last election cycle in 2018, he's going to be running to keep his seat, people like senator joe manchin, we're waiting to see what role he's going to play in 2024 running again in a red state. there's a bunch of states like this where democrats will be on defense. their votes could reflect that. we saw it, for example, yesterday, where the senate passed something that will likely make up biden's first veto, but that is the reality of this senate. they have the majority. yes, the focus is on implementation of the policies that they worked so hard on the last two years. also, there is a looming senate map here for 2024 that makes some of these obvious party line

votes not so obvious for all democrats. >> according to a poll, the president has just left the white house. he's heading to where you are. in the meantime, david, if your message is going to be whether you're the president or a senate democrat who's running for re-election, we got a lot of stuff done. watch your roads get fixed, your bridges get fixed. on the other hand, take a listen to some of the messaging on the republican side. >> what's wrong today in america is not americans. it's an american government and the radical left that wants to indoctrinate our kids, not educate our kids. >> what they're trying to do is send some sort of woke signaling to the world, but they're putting resident of d.c. at greater risk of harm. >> we are fed up. we're fed up with democrat policies. we're fed up with the woke ideology being shoved down our throat, and we're tired of our children being brainwashed into these same ideas. we want our own safe space and

we deserve it. >> i'm not sure how much either side's really solid base is going to be affected one way or another, but for that middle, who's got the stronger argument? >> yeah, well, to those republicans, i think the kids would say cry more, right? republicans are coming up against an administration that has been remarkably successful from creating more jobs to an infrastructure package, to trying to lower student loan debt to addressing the price of prescription drugs, and so up against that, republicans really cannot argue, chris, about the economy and about the president's accomplishments, so they have grabbed on to a very powerful culture war issue, largely around empowering parents and education in the classroom and this radical, woke ageneral agenda as republicans call it. i would suggest in '18 and '20 and '22, we saw republicans go too far trying to create that

wedge. joe biden right now in a very strong position to make arguments about results. look for him to draw a contrast on the issue to say my administration and our democratic party will protect social security and medicare. rick scott and the republicans are looking to sunset it. that will provide a clear contrast. republicans are having a tough time messaging against that. >> so we just saw a lot of movement on the hill, obviously the president heading there. the democrats going -- the senate democrats going into that luncheon. there's so many different aspects to every campaign, and one obviously is messaging. can the democrats, can the republicans stick to what the messaging is. there are also moments, right, in how much fight you have in you. there's been a lot of talk about who's going to fight donald trump, but there's also a question, i think, on the democratic side is how much to respond to some of the maga republicans. for example, david, yesterday,

marjorie taylor greene blamed the president for the at the times of two men who overdosed on fentanyl. but then the president comes back last night and he fact checks her. listen. >> isn't she amazing? ooh. she's very specific recently saying that a mom, a poor mother who lost two kids to fentanyl that i killed her sons. well, the interesting thing is that fentanyl they took came during the last administration. >> by the way, as we see senator chuck schumer, the democratic leader go into that room with the president, we asked or marjorie taylor greene's spokesperson was asked about the fact that she misstated that and basically responded with expletives and nobody cares about fact checking, but beyond that, conventional wisdom might say don't give them oxygen. don't respond, but did the president do the right thing? and is that a playbook for

democrats going forward? >> i think in limited cases. as you saw joe biden do against rick scott, he used rick scott's own words, his own plan to say to america this is who they are, if you will, and so in this case, marjorie taylor greene made a vicious allegation that could not be backed up, and so he called her to that, and i think it also draws an interesting perspective here about the state of the republican party. look, joe biden will do very well if the face of the party matt gaetz, lauryn boebert and marjorie taylor greene. the republican presidential primary will begin and is it a ron desantis, is it a mike pence or a donald trump again that ultimately occupies that space of contrast with joe biden. right now joe biden has a lot of running room. >> former congressman david jolly, ali vitali always great to see you my friend. we've got breaking news on the january 6th insurrection. there's a new decision from the

justice department about who is able to sue former president trump, a hearing for a man accused of hiding explosives in his luggag kicks off in a few minutes. another round of suspected poionings at an iranian girls school leaves dozens hospitalized. an alarming medical mystery brings a new warning from the american cancer society, a lot to get to on "chris jansing reports" only on msnbc. there's my little marzipan! [ laughs ] oh, my daughter gives the best hugs! we're just passing through on our way to the jazz jamboree. [ imitates trumpet playing ] and we wanted to thank america's number-one motorcycle insurer -for saving us money. -thank you. [ laughs ] mara, your parents are -- exactly like me? i know, right? well, cherish your friends and loved ones. let's roll, daddio! let's boogie-woogie! y'all wayfair's got just what you need for your home.

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we have breaking news for you out of washington. in a new court filing, the department of justice says that former president trump can be sued by u.s. capitol police over the january 6th insurrection. i want to bring in nbc's ken dilanian, tali farhadian weinstein, ken, what more can you tell us about this ruling? >> this opinion holds that president trump does not have

absolute immunity from multiple civil lawsuits filed by police officers and members of congress, which seek to hold him liable from damages -- for damages stemming from the january 6th riot. the point the justice dmt is making is speaking on public matters of public concern is a traditional function of the presidency. he would be immune from lawsuits regarding that kind of speech. a speech far outside the president's office that allegedly incited a riot is not covered by that immunity according to the justice department, and a federal judge in one of these cases has also held that position that trump can be sued, that his speech exhorting people to go to the capitol on january 6th was not covered by presidential immunity. now it's in the appeals court, and the justice department has weighed in in favor of allowing trump to be sued. now, the justice department is not taking the position that trump's speech was incitement. that's what's a subject of this litigation. but what they are saying is that he shouldn't be able to claim

immunity from these lawsuits, chris. >> what's the practical application of this, tali? >> as ken just described, this is a first step to whether the lawsuit can proceed against president trump at all, and i do think it's consequential, chris, that the appeals court asked the justice department to weigh in on what it thought was a hard question, signaling that it's really interested in what the department has to say, and now it means that president trump will obviously push back, but if he is not absolutely immune, then we can expect fact development and discovery around what he said on january 6th, and whether it fits into liability under this unusual statute, the ku klux klan act of 1871 that is meant to protect government officials from interference with their ability to do their job. >> there's another development involving the former president and some people say it might be a sign that the manhattan d.a.

is ramping up his investigation into donald trump and the alleged hush money paid to adult film star stormy daniels. this is from "the new york times," which reports that kellyanne conway met with prosecutors from alvin bragg's office yesterday. what does this new reporting signal to you about the investigation? how could someone like conway help prosecutors build their case? >> well, this reporting, chris, is consistent with other reporting over the last month i would say that the d.a.'s office is looking at the issue of the hush money payments. now, there's a lot of mystery around this because that case, that allegedly criminal act has been quite picked over. it's been the subject of a federal prosecution. it happened a long time ago, so ill imagine that if witnesses are being brought in, it's because someone is trying to make a decision about whether to proceed and not necessarily to fine out new things.

i'm not sure that there is much left to learn, about an incident that's been the subject of a prosecution, a podcast, a books and lots and lots of reporting. >> tali, ken, thanks to both -- ken, it you want to say something? sorry? >> no, not me. i'm good. >> thanks to both of you, appreciate it. a hearing for a man accused of hiding explosives in his luggage is getting underway shortly. a former faa administrator will join me next. me next you can make it even smarter. now ports can know where every piece of cargo is. and where it's going. (dock worker) right on time. (vo) robots can predict breakdowns and order their own replacement parts. (foreman) nice work. (vo) and retailers can get ahead of the fashion trend of the day with a new line tomorrow. with a verizon private 5g network, you can get more agility and security. giving you more control of your business. we call this enterprise intelligence. from the network america relies on. >> woman: why did we choose safelite? >> vo: for us, driving around is the only way we can get our baby

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withering criticism just yesterday. let's talk about it with emilie ikeda and randy bab bit, former faa administrator. i know you've been following the suspect, as well as that major turbulence. >> let's start with the pennsylvania, the serious scare there at that airport. i've got the charging documents here, what we're learning from investigators is that 40-year-old mark muffli arrived at the airport allegedly monday morning and he checked his bag at the counter, that bag was then shortly later it was scanned by tsa setting off alarms, and investigators determined that it was, in fact, a live explosive device. and here's the key here hidden inside the lining of the bag. according to the documents, there were various types of powder and fuses within that several inch compound device, and electrical outlets and a can of butane. the fbi was called to the scene, parts of the airport understandably evacuated. he was arrested later that day facing a number of charges. we could learn some more insight around one of the biggest unanswered questions at this

point, which is why? why was there that device inside the bag? now, switching gears, a very different but serious situation looking at that lufthansa flight that was going from texas over to germany, when it was flying over tennessee about 40,000 feet up, it started experiencing some really serious turbulence. at that point they were doing beverage and food as much as. they describe literally seeing people hit the ceiling of the plane. they made an emergency land down in the washington, d.c., area at dulles. seven people were taken to the hospital. >> let me start there. i've flown a lot in my life. i've hit some pretty heavy turbulence. i certainly have never seen anything close to it. seven people going to the hospital. what will the faa be looking at there? >> well, they'll probably be looking at, you know, the various parameters in the flight recorder, but one of the more difficult things to anticipate is what they call clear air turbulence. it's very obvious when you have

a thunderstorm, you can see it. it shows up on the radar. that's simple. but clear air turbulence is often just the friction between two very, you know, crystal clear layers of air, and they collide like -- just think of a wave hitting the beach, and you can't see it, and it's unannounced, and fortunately it doesn't happen often. it certainly does happen at the higher altitudes. it can be very violent. >> so the faa's role, i think, arguably has never been more important. you're got flying nearly reaching and expected to exceed pre-pandemic level,s the industry by many accounts is badly in need of modernization, and now the nominee to run the faa phil washington has come under heavy criticism because he's not a pilot. let me play a little bit from his confirmation hearing yesterday. >> the faa needs a senate confirmed leader with decades of experience in aviation to make

certain that the flying public is safe. >> the faa can't afford to be led by someone who needs on the job training. >> so look, the argument on the other side is he's a proven administrator, but a lot of what we heard yesterday was how can you have somebody heading the faa who has never flown a plane. is it a fair criticism? >> i wouldn't cover up somebody completely with the criticism, but it certainly is helpful, i mean, so much of what the faa does requires knowledge of, you know, the airline industry, the safety protocols, relationship with the ntsb. you remember the faa certifies all the airplanes, they spot check them, they certainly check all the pilots and the inspectors and so forth, so having that as background i think is fairly important. the history is they've had a good number of administrators that have been pilots and i

think they've been pretty effective over the years. >> great to have you here in studio. right now, more than 90 million americans from coast to coast are under a weather alert over severe storms barrelling across the southern u.s. after bringing blizzard conditions is heavy snowfall to california over the last few days that storm is now on the move and expected to bring damaging winds, flash flooding, and possible tornados to southern states through friday morning. by friday afternoon, that same storm system will head north, bringing a heavy rain and wintry mix from chicago to new york city. and that extreme weather now forcing yosemite national park to shutter its gates for the second time in less than a year, with no reopening date in sight. even by yosemite's standards, this is a lot of snow, up to 15 feet in some areas. so park officials right now are attempting to restore critical services so at some point visitors can safely return. more snow is in the forecast for

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gas attack that left everyone poisoned. i want to bring in nbc's josh lederman who has been following this story for us. also with us an iranian american journalist and host of the iran podcast. josh, give us the details, what do we know so far? >> well, chris, even though the first reported incident of this took place all the way back in november, it has really gained a lot more attention and concern in recent weeks as the scale has only grown to some 30 schools across iran with a member of iran's parliament saying yesterday the number of school children affected by this is now about 800 with many of those school girls reporting symptoms such as problems with breathing, problems with their heartbeat as well as even headaches, nausea, and in some cases numbness. they have also reported smelling strange odors that smelled either like rotten eggs or like chlorine or cleaning chemicals,

but despite the fact that there have been these reports for month it really wasn't until this week that iran's leadership began to address this head on with president ib ra him ra he see making his first public comments about it this week launching that investigation as top iranian officials have now begun to say they believe this might have been an intentional targeting of school girls in an effort to try to shut down schools for girls in iran, which would really be a shift because while there are very serious womens rights concerns in iran that have fueled those protests that we've seen all the way back since september, iran's theocratic government has really never targeted girls' education the way, for example, the taliban has in afghanistan, in iran, the government is very proud of the fact that more than half of university students are women and females make up almost half of the work force there, and so if this is an effort to try to prevent women from being able to seek an education as

many in iran now fear, that would certainly be a very concerning turn of events. >> what do you think is going on here? what are you hearing? >> well, as your colleague say, chris, this started back in november in the religious city outside tehran, but now it's spelled to multiple cities, the capital tehran, multiple schools and other small cities, so it no longer looks like an incidental issue or arbitrary. it's clearly coordinated. there must be powerful forces behind this, and it's also coming on the back of months of essentially a feminist uprising in iran where women and young girls were at the forefront of these protests against the entirety of the system, discrimination against women, the mandatory hijab rule. so there's various different theories, but overall, there's massive amounts of anger across the country, especially by these parents who some of which

actually when they protest outside the schools or demand answers are also met with violence by security forces, but they're basically demanding an investigation and a stop to what looks like systematic and deliberate attacks on these school children. >> obviously you can understand the anger that you talk about. you're seeing, you know, girls with oxygen masks in the hospital. you're talking about girls with heart problems, but with the pressure that parents in particular are trying to put on the government, will anything happen? does pressure like that work? >> well, it's difficult to say. there's very little trust, if any, left between the iranian society and the government. they have deliberately ignored similar cases in the past or lied about issues that they had been either responsible for or unwilling to stop, and what's going on here, what we hear from a lot of iranians and some parents inside is that these security forces have a total

grip over the country. they have an absolute monopoly on power, on intelligence. how is it that this issue has been ongoing for months in so many schools with hundreds of children, and they can't figure out or put a stop to it. so there is also this fear or at least this thinking among many in the public that the government may be complicit or at least allowing to let this happen to school children. >> first of all, it's beyond the pale to think about somebody targeting girls in school. having said that, we know how women have been treat in the past in iran, but in many other countries around the world. is there any indication that parents have stopped sending their girls to school? any indication that if that is the motivation it's working? >> they haven't stopped as far as i'm following but they're definitely fearful. they're scared of essentially this sacred place where you entrust your children with other

adults in a building montana -- administrators, all of them seem to have been failing these children and parents who put their trust in them. we hear from a lot of parents that are fearful that this has either happened to their children or they're fearing it could happen to their children with more and more schools popping up in different cities, and mostly predominantly targeting girls schools. >> josh lederman, negar mortizabi. we have an update on the murder trial of alex murdaugh. the prosecution has finished its rebuttal. the jury's going out for lunch break. the judge will instruct the jurors ahead of deliberation. we'll have updates as soon as we get them. student loan showdown, will the supreme court sink president biden's relief plans? the signs the supreme court may have already tipped its hand, that's next. and secretary blinken sending a clear message to

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biden's most ambitious executive actions, and the president is worried it might well happen. >> on student loans, are you still confident that you will be able to win in the supreme court? >> i'm confident we're on the right side of the law, but i'm not confident about the outcome of the decision yet. >> so has the nation's highest court already tipped its hand? i want to bring in boston globe columnist, kimberly atkin store. when it comes to student loan forgiveness, john roberts borrows from gop playbook, and in it you say the chief justice is letting his right waving flag lie. what about those arguments signalled that to you? >> yeah, so it was my column, not a news story, but listening to the arguments, we knew that the supreme court, the majority of the supreme court doesn't really like an expansive use of executive power, which is the

challenges to the student loan forgiveness program is saying biden is doing, that he's overstepping his bounds. what we usually see from the chief justice is an even handedness, an idea that the court should not rule on the basis of the policy but just check to see whether or not it is legal or constitutional, which is why i was so struck when chief justice roberts began really talking in gop talking points about how maybe it's not fair for student borrowers to get their debt forgiven, if someone with a private business, for example, is not given that same opportunity, of course, in the pandemic. they did receive ppp loans, so they were given that opportunity. but it was a departure for roberts, somebody who usually does not play his hand so much during oral arguments, and certainly doesn't make judgments about the policies themselves from a political stand point. >> you know, the white house press secretary karine

jean-pierre says there's no other plan. from the white house's perspective, if in goes south, politically is it clear who it helps and who it hurts? >> i think it depends on how the voters see it. if they see it as a policy that they back and believe in and think that it is the supreme court that's preventing it from going into place, that certainly can backfire on republicans who have made it their goal over the last decade or more to ensure that very conservative justices are put on the court. on the other hand, for people who don't pay as close attention to this as you or i do, chris, it could look like a broken promise that biden made and wasn't able to keep, so i think it depends on the surrounding circumstances and the message that biden takes back to the voters! >> the ap had an interesting take, at stake is the loyalty of young college educated voters who are a critical part of the coalition that biden is counting on to bring him to the white

house for a second term. i wonder if he gets credit just for trying with them, even if it doesn't go there, while the democratic message will be you have to help us restore balance on the court as a way to motivate not just young voters but all democratic or moderate voters. >> i think that that message really could land for a lot of reasons, the young people and all people were reminded of the power of the supreme court after the dobbs decision and made them pay closer attention to what was happening, if biden makes that case and say, look, you need democrats in office and in the senate to ensure that we have a more even judiciary, that that's just as important as these policies that he's advocating. >> kimberly atkins stohr, thanks for coming on. for coming on.

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