will have two times the impact. hey there, everyone. i'm alex witt here. our top stories this hour -- blocked from the ballot. maine joins colorado, deeming donald trump ineligible for the

primary contest. how people are reacting. plus, the city of new york ramping up security for the big party in sometimes square. how tensions over fighting in the middle east are playing a major factors. russia launching its largest aerial assault on ukraine since the start of the war. the images coming in as ukraine pleads for more military aid. we're beginning the hour with the new legal showdown over donald trump's eligibility to even be on the ballot. maine's secretary of state issuing a decision last night that the former president can't be a candidate in the primary, because he violated the constitution's insurrection clause. >> the weight of the evidence, all of the evidence made clear that mr. trump was aware of the by a multi-pronged effort to delegitimize a democratic

election, the election of 2020, and then chose to light a match on january 6th. >> we should note on the same night we got that news from maine, the state of california made the op sid decision saying trump can stay on the ballot. right here from the map, these ballot battles are popping up all over the country. justice reporter ryan riley joins us, glen kirsch in, msnbc legal annualers and dave jolly from florida, also a msnbc political analyst. ryan. trump's campaign has vowed to chance this decision in maine. where does it go next? >> the supreme court ultimately. that's where a lot of the challenges will end up. 2024 will be full of a lot of these casesp to the supreme court.

whether it's -- so you can expect the supreme court to be playing a pretty major role in this 2024 race. so, i think, you know, there's a difference between the maine decision, where this was a decision made by an official appointed by elected officials, one person it boils down to, whereas the colorado case is more about justices on the colorado supreme court making a decision in unison and probably may be looked at strongly by the supreme court are or maybe differently out of the case in maine. california going in a completely op set direction, saying that donald trump should have access to the ballot here. this will be an interesting next few weeks and months into 2024. >> this highlights the differences in various state and their election laws, glenn. how fast might the u.s. supreme court in and decide this issue? is there any wiggle room for the high court to not take the case?

>> there is wiggle room. i agree with ryan, undoubtedly the supreme court will want to be a player here. i think we can start with the proposition that the supreme court would rule that somebody who holds the office of the presidency can engage in insurrection against the united states and can nevertheless hold the office of the presidency again in the future? that would run contrary to the plain language of section 3 of the 14th amendment, and certainly to the spirit of the 14th amendment's disqualifications clause. what is of most interest to constitutional nerds like me, how will me split that between states' rights. what they can't do is run rough shod or negate the election laws that have been passed by the 50

states. i think there's a lot of really uncertainly constitutional and legal terrain ahead of us. >> i'm so glad you brought that up, glean. are you saying that the supreme court could rule one way and yet a state could decide, yeah, we're going to actually do it our way? or does federal law trump -- not to use the word trump, but does federal law trump state law? >> i think it may come down to the supremacy clause, which is the last point you just made. if the supreme court interprets section 3 of the 14th amendment so as to not apply to donald trump, even if he engaged in insurrection, not apply to the office of the presidency, then i think if the states tried to act in a way that was contrary to that supreme court ruling, then the supremacy clause might come into play and the supreme court might have to try to bring all of the states in line. >> i'm glad you're a nerd on all

that stuff. i'm glad you're here to explain it for us. >> dwayne, let's take a look at this. >> the idea that one bureaucrat in an executive position can unilaterally disqualified someone from office, that turns on its head every notion of -- it opens of pandora's box. >> i remove my ballot if those states keep donald trump off the ballot. that's the right thing to do. it makes him a martyr. he's having good at playing poor me, poor me, the poor billionaire from new york spending everybody else's money to -- this should be decided by the people, not by courts. >> they're all defending donald trump. how do you see this shaping the

primary. but in areas where it is a federal office, there's an additional certification, for instance if you're elected to congress, congress has to certify they're accepting the states' administration. chaos is coming, alex. if we haven't felt it yesterday, this is part of it.

even others in the race will side on this. democrats will ramp up the intensity saying he shouldn't be on the ballot. the question, though, is does it persuade any voters. so, ryan, donald trump wanted the secretary of state to recuse herself. why? >> she was elected as a democrat, appointed as a democrat can be or appointed by other democrats as well. she is in a different scenario. every state has their own rules. that's what complicates things. s obviously there's a much

different set of facts that have to be lit gailed. the other side would say donald trump hasn't been charged with insurrection or hasn't been convicted of anything of that sort. these cases are still laying out there. you know, just getting into the weeds on this will be more complicated for republicans, both who are running against donald trump and republicans on capitol hill. it's going to be to have a lot more on what happened on january 6th, getting into the weeds on that. they know a lot of their base believes the conspiracy theories. most of them adopt actually believe these things, but they have to play to this base that does believe these things. there's conspiracy theories that joe biden is a usurper.

you're right about all of that an appeals court just rejected donald trump's request to pause proceedings in the e. jean carroll case. what should we be watching for? >> we should watch for a big fat money judgment entered by the jury against donald trump. this is the defamation case, the sequel. when after a jury found that donald trump not only sexually battered, but defamed e. jean carroll, he went out and did it all over again. rudy giuliani taking a page from donald trump's playbook did the same thing and defamed the georgia state election workers on the courthouse steps. this seems to be a play that they're running over and over again, but it's not a winning play. the luck will run out. the wallser closing in certainly in this case, and i think the jury awarded an aggregate $5

million the first time around, i would look for double that this time around. >> thank you so much, for all of you. thanks, guys. happy new year. safety and security. we're going to look at how law enforcement is preparing for big crowds this weekend. we're back in 60 seconds. s week. we're back in 60 seconds so when minds grow, opportunities follow. ♪ right now get a free footlong at subway. like the new deli heroes. buy one footlong in the app, get one free. it's a pretty big deal. kinda like me. order in the subway app today.

a force to be reckon with. no, not you saquon. hm? you! your business bank account with quickbooks money, now earns 5% apy. 5% apy? that's new! yup, that's how you business differently. in new york city, organizers of the annual new year's eve celebration are braising for an estimated 1 million people. with such a big party comes big security, with mayor adams indicating police are preparing in case protesters try to disrupt the festivities. antonio hilton join us, and clint moss. he worked as a consultant to the fbi counter-terrorism division.

thanks for you both for joining us. what kind of technology, antonia will be used by police to monitory the crowds? >> reporter: what we are hearing, in addition to thousands of police officers being he both on foot, they're going to be deploying ten knowledge, it typically means robots and drones here in new york. they'll also be monitoring chatter on social media. we're facing the potential of a protest. since october 7th there have been hundreds of protests in connection to the war here. there's a separate issue, the threat of lone actor violence. you have to remember just this time last year on new year's eve, a man drove from maine to new york city, and attacked three police officers with a machete. that's the kind of random

violence that police are prepared for. when i talk to people on the ground, they say they're not too worried about it yet. take a listen. has your family felt safe here in new york? >> yeah, i mean, i feel like it's pretty safe. i like all the stores that are around. i think it's very bright. >> reporter: you're not too worried about it? >> this place here, they're all happy to help. it's all good. >> reporter: keep in mind, the understanding here, right is while we're looking at a heightened threat level, there's no credible confirmed threat, nothing we know is going to necessarily happen here in new york city, is the hope, of course, with all this added security, the 1 million people can come peer and have the same good old party we are used to seeing here in new york city, and at most, with some disruption from a protest, but the ability to keep everyone safe throughout all of that, alex. >> i appreciate that, antonia,

but clint, to her point about the protests, specifically to events, we have the annual rockefeller christmas tree lighting, demonstrators there, those who glued their hands to sixth avenue during the thanksgiving macy's parade, so you have to think there will be some demonstrations given the largess of this event. >> we have lots of different issues arising at the same time going into an election year. we a little look for the boiling points. 2024 will be one. this is the first event of 2024 literally. we have protests, counter-protests, which all could be peaceful, but remember we have seen some sort of stoking of the violent elements

inside those. separately, what we kicked off the segment with, the man driving from maine, i can't tell you how many times we have large holiday celebrations -- you may remember the bombing in nashville on christmas day just a couple years ago -- these tent to bring individuals or what we call lone actors to a large event, where they seed a lot of people or a large media presence, that just makes the number of threats almost impossible to measure and very different to mitigate. some are knowns, and i imagine the joint terrorism task force is preparing diligently, but it's the lone actor that no one has picked up on, that is very different to pick up on. give me, from your experience, though, clint, how do they go about canvassing a million people to find out one person in the crowd who will

pose a danger? >> it is a mix of, you know telol barriers. i'm sure you're already seeing is or having seen it close to new year's day. corrals, the metal gates put up. they partition people into more manageable groups. you have bomb-sniffing dogs doing their part. there's no city in the world that's good with video cameras and surveillance in these high-profile areas, and particularly around these targets. individuals maybe that are carries a bag. there is no umbrellas, because that would prevent someone from possibly being seen. the way they go about it is very deliberate, they have a strategy and they have a quick reaction force that's ready to respond based on something someone might see or say. that's the motto here in new

york -- if you see something, say something. i think new yorkers are very good working with law enforcement. antonia, what are the other rules in place? >>. >> reporter: if you're planning to attention, expect that kind of crowd control. you're knoll going to be freely walking through times square. this is all going to be very controlled. they already have some barriers up, cinder blocks around. they're going to be partitioning people into small group that they can enjoy the festivities, but in safe, more controllable areas. we just got a notice from the governor's office, letting people know, you know, other safety reminders around sparklers, the kinds of celebratory items that somebody might bring, not with something malicious in mind, but they can

create safety hazards in large crowds. there's a reminder. people under the age of 18 especially not to use these things even at home in your backyard. it's common-sense stuff in terms of what a regular new yorker or tourist should be preparing for. no umbrellas, don't be concealing yourself and travel lightly. you don't want to be pickpocketed. it's those consideration, with layer, larger police presence and you may see more drones, robots, all in an effort to keep everyone here safe. >> definitely common sense, but definitely worth repeating, thank you very much, antonia and clint. overnight russia launched probably its biggest aerial attack in two years. hundreds of missiles with dozens of drones, killing at least 30

people. joining me now from london is matt bradley. what can you tell us? >> reporter: the targets according to the russians were military installations, places that were storage facilities for ammunition, howitzers and other weapons. that's what the russians said. we saw, and i think you're seeing on your screen, these were not all military facilities. we saw a maternity ward was hit in nipiro. no one was hurt there in that ma tern ward. we saw a school getting hit any very small western city of laviv, long considered a safer

area. we've seen massive bombardments, but ukrainians have already called this one the biggest so far, the biggest simultaneous attack, the largest number, most diverse numbers of targets. it just goes to show the russians are still very much in this fight. that might be a reminder here. a lot of ukrainians are saying this was in retaliation for an attack on a russian landing ship. that was an embarrassment for the russian navy, but, you know, as this goes on and on, more civilians are killed. this is a particular moment for the united states involvement. we saw congress release the $250 million, the last $250 million in aid that isn't going to need any more permission from a divided congress that's been gridlocked on this question for months. we've been hearing from the

biden administration, saying that congress needs to step up on ukraine. even though it looks for the last nearly two years like the ukrainians have been winning, now over the last couple months, it does look like the russians have taken the advantage on the battlefield, and the tide might be turning in their favor. matt bradley, thank you. health concerns over counterfeit weight-loss drugs here at home. you're watching msnbc. s here at home you're watching msnbc. (man) mm, hey, honey. looks like my to-do list grew.

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we are following new developments at the u.s. southern border where the u.s. justice department is threatening to sue the state of texas if it enforces a new law, lets police arrest migrants who enter the u.s. illegally. it comes after secretary blinken met with mexico's president on wednesday to discuss way to say slow a record number of border crossings. joining me from dallas is morgan chesky. morgan, welcome. where does this showdown go next? >> reporter: likely to the courts, alex. it will not be the first nor the last challenge pitting texas against the federal government. we have yet to hear an official response from governor abbott. the doj has given the deadline of january 3rd, essentially asking texas to retract this or

saying it will not plan to enact it going forward. this does give a police officer, a state trooper, a sheriff's deputy the ability to arrest a migrant for illegally crossing, making it a state crime to do so, where it's always been a federal climb. that's the main pushback from the doj. it also challenging the buoy that a judge ruled had to be taken away and not sit there as a barrier. we have the ongoing battle with the state-installed barbed wire along the banks of the river. pending the appeal. border patrol agents have been asked by a judge not to cut through that until there's an official resolution. so this is the ongoing back and forth. what will happen remains to be seen. i had a chance to speak to a

sheriff on the border, alex. i asked him explicitly, are you instructing your deputy to do this when and if it goes into effect? he admitted that they're busy enough as it is, they simply don't have the manpower nor the resources to add one more thing to their plate, when they're just trying to protect their communities and take care of the tasks they already do have. alex? >> i answered the question i wanted to ask. do they have the capacity. so the question is why is greg abbott doing this, if not for political posturing. morgan chesky, thank you for that. turning to a new public health alert. health officials are warning of fake versions of ozempic.

stephanie gosk brings us the latest. >> reporter: demand for diabetes and weight-loss medications exploded this year, many posting progress on social media. 2024 is set to be no different, as more and more people embrace the dramatically successful drugs. concerns for counter dpcounterp growing. last week, the fda along with novo nordisk announced counterfeit drugs made it into the market. so far there's been no serious side effects from the fakes.

the fda warnings the counterfeits could fit be in the chain. >> it's hard to determine if it's legitimate. >> reporter: experts say counterfeiters are stepping in. the active ingredient has been in short supply. >> we have medicines coming from everywhere, and when these products are in high demand, there's counterfeiters who want to make money off of them. joyce vance joins us about the cases the president is facing and more. you're watching msnbc. facing and more. you're watching msnbc. helping more kids grow up to be whatever they want to be. like this kid, who's a high school track star.

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as 2023 comes to a close, we're taking an inside look at some of the major legal case to say watch in 2024, from voting right to the second amendment and one former looking to make a comeback. joining us now, joyce vance, of course, a professor at the university of alabama school of law, and msnbc analyst, and good friend to all of us here. let's start with number five, it's a.i. and privacy. what are you watching for with

this litigation? >> right. artificial intelligence really burst on the stage in the past year, and "new york times" has just filed a lawsuit challenging a practice conducted by chatgpt and other a.i. bots, that "new york times" says is copyrighted materials to training their machines, and asking for billions of damages. i think we'll see a lot of lawsuits in this regard and others involving the new technology. >> number four on your list, you're watching what the supreme court does on gun rights. explain what you're looking for. >> the trajectory in the court over the last decade has been to let second amendment gun rights trump all over concerns. this term, the court has a case that involved the constitutionality of a statute that's heavily used by federal

prosecutors. it restricts the type of people who are permitted to possess guns and make it a federal felony for even, for instance, those with a prior felony conviction, or people addicted to drugs. the court will have to rule on the constitutionality of that statute and decide whether gun rights really do trump all other rights and values in our system. >> that will be an extraordinary one to watch. what about number three, having to do with the voting rights act and the issue of who can and can't sue to protect voters? >> right. the supreme court again has narrowed the rights to protect the rights to vote. this involves gerrymandering and section 2 of the voting rights act. historically private citizens, you me and others have been able to sue under this provision if they think they're being

discriminated against. virtual all of the successful gerrymandering cases we've seen come out of supreme court, cases like alabama where the court held the maps being used were illegal. the court is being asked to decide if doj can only bring those kind of cases. it would be a tremendous step backwards for the voting rights. >> that is fascinating. that's a close one to watch. what about number two, the so-called nanny state laws? what does that entail? >> so, 'lick, this has been a longtime part of the conserve legal agenda. they've been setting this one up. the goal here is to disassemble what conservatives call nancy states, the agencies that do everything from protecting

consumers from fraud, to creating environmental regulations designed to balance interests of businesses and activists, and the legal determine abortion drugs, which conserve tichs seek to further restrict. the agenda is to restrict areas that agencies have the ability to act. traditionally they've been given great deference to act within their expertise. now there's a range of causes challenges the way the agencies you are funded, to the constitutionality of the decision-making processes in these agencies. the court quite frankly looks poised to restrict their ability to act. extraordinary. not exterior is what's topping your list. it's set to be a major league

year for former president trump. you have tore firing on all pistons to be watching all of this related to donald trump. >> yeah, it's a lot. who knew that 2023 and 2024 would be the year where every american became a legal analyst, but here we are. look, donald trump, it's the defining legal issue of our times, whether the constitution, the courts and the rule of law are capable of holding someone who engages in such egregious behavior accountability. 2024 is the year we'll finally find out if the courts are up to the tasks. >> joyce vance, thank you for being on the case for all of these. thank you are for your time and happy new year to you, my friend. as we get ready to launch into 2024, a different launch went into space. >> 6, 5, 4, 3, 2, 1 -- initial

power and liftoff. [ cheers and applause ] >> that's a spacex rocket carrying a u.s. military space plane on a secret mission. it took off from nasa's kennedy space center last night. let's go to morgan brennan, who is following this story. what might be hard to follow is it it's a really hush-hush mission. >> alex, great to see you hush-hush to say the list. it's classified. this is the seventh mission for the seek, it's an ahn ton muss spaceplane looks like a mini version of the at the shuttle. it lands on a runway like a regular plane. the program is classified, as i mentioned, so there's not very much known about the missions, is the reason space,'s livestream was so limited and

why, in general, this is arguably the most tracked, most speculated about vehicle in space, capturing the curiosity of aerospace enthusiasts for years. we don't know how long or the orbit it will fly. here's what we know. it launched on a falcon, one of the world's most power of rockets spurring speculation it could represent tur further into space than ever before. that was just one of two rockets launched last night. the space force said it will test new or bittal regimes, and effects of radiation on nasa-provided vegetable seeds, which would be necessary to colonize the moon or mars someday. it was delayed about two weeks, and it was about two weeks ago china launched its own robot

space plane. then expected to launch about the same time, saying these are two of the most watched objects on orbit. it's probably no coincidence they're trying to match us in timing and sequence on this. we talk about geopolitical tensions here on earth. the rivalry is also playing out in space. this is just the latest example, but it also, of course, adds to the intrigue around this mysterious classified u.s. military program the x-37-b. >> listen, my friend, you delivered considering how hush hush it is. well done. morgan brennan, thank you so much. happy new year. >> happy new year. saying good-bye to the

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there's no obligation, and you'll receive a free beneficiary planner just for calling. well, finally this how, we want to pay tribute to the lives we lost in 2023, actors, mu 'tises, athletes and more. they come from all walks of life, and they all left an impact. ♪ moving on up ♪ ♪ this is this ♪ ♪ maude ♪ ♪ ♪ ♪ those were the days ♪

♪♪ shining star ♪ ♪ no matter who you are ♪ ♪ who you can truly be ♪ my name is john shaft. freeze. ♪♪ ♪♪ ♪ shining star no matter who you are ♪ ♪ shining bright to see what you can truly be ♪ >> that was fun. >> you want to marry me? >> yeah. ♪♪

♪ dream weaver i believe you can get me through the night ♪ ♪ dream weaver ♪ >> you know what a loser is? a real loser is somebody that is so afraid of not winning, they don't even try. ♪ you make me want to shout ♪ ♪ kick my heels up and shout ♪ ♪ throw my hands up and shout ♪ ♪ come on now ♪ ♪ don't forget to say yeah yeah yeah yeah ♪ ♪ say you will say it right now baby ♪ >> oh. he does it again. ♪ say that you love me say that you need me ♪ ♪ say that you want me ♪

♪ you want to please me ♪ ♪ come on now come on now ♪ ♪ come on now come on now ♪ ♪ come on now come on now ♪ >> the way i see it, if something makes you sad when it ends, it must have been pretty wonderful when it was happening. ♪ heading out to san francisco ♪ ♪ for the labor day weekend show ♪ ♪ and honey i didn't know that i'd be missing you so ♪ ♪ come monday it'll be all right ♪ ♪ come monday i'll be holding you tight ♪ ♪ i spent four lonely days in a

haze ♪ ♪ and i just want you back by my side ♪ ♪♪ >> i meant to do that. ♪ come and knock on our door ♪ ♪ we're going to make our dreams come true ♪ ♪ eight is enough to fill our lives with love ♪ >> bob barker! >> jerry, jerry, jerry! >> i want to say it has been a

pleasure to work alongside all of you. these have been the best years of my career. >> yes, he was some guy. ♪ oh yes it's ladies night and the feeling's right ♪ >> never forget the martini. ♪ it's ladies night and the feeling's right ♪ ♪ oh yes it's ladies night oh what a night ♪ ♪ stepping out ladies night ♪ ♪ simply the best ♪ ♪ better than all the rest ♪ ♪ better than anyone anyone i ever met ♪

♪ i'll be seeing you in all the old familiar places ♪ ♪ that this heart of mine embraces ♪ ♪ all day through ♪ >> i just hope people think i did the best i could. that i was there, i worked hard, and i did the best i could. ♪ i'll be looking at the moon ♪ ♪ but i'll be seeing you ♪ >> all of those luminaries forever missed. thank you so much for joining us these last few hours. i'm going city you back here tomorrow at noon eastern. steven romo picks up our coverage right after the break. k

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thanks for being here. i'm steven romo. first it was colorado. now it's maine. the state's top election official has disqualified donald trump from its republican primary ballot, citing the constitution's insurrection ban. that decision from maine's secretary of state is getting a lot of backlash, though not just from the former presid