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it is good to be back with you on this second hour. from one time campaign rival to a big appointment. president-elect donald trump set to nominate senator marco rubio for the country's top diplomat according to three sources familiar with the selection. the opposition reacts. what a top biden official and career diplomats are saying behind the scenes about rubio. and wait and see. the new york judge over the hush money case delayed a decision on whether the criminal conviction can stand

under the presidential immunity ruling. this hour, the man behind a leak of highly classified pentagon secrets will hear his feat. who prosecutors are asking for after one of the of the most significant violations of the espionage act in recent history. we start with donald trump expected to pick marco rubio to be his next secretary of state. nbc's dasha burns has been following this for us. what do we know? >> i think there was a collective sigh of relief in some of the foreign policy community given that marco rubio is more old guard republican party when it comes to foreign policy. he sat on the foreign relations committee as a ranking member, lets of an isolationist than former president trump now president-elect trump is but he

has been very loyal to mr. trump. that is the top quality he is looking for. you will remember earlier in this election cycle he was in contention to be trump's presidential running mate. he made it to the top three. it was him. jd vance and doug burgham. he didn't get the but has a lot of allies in trump's world. some of the people on his policy team. and they have ties in and relationships to marco rubio. he is a bit of a calming force. >> dasha burns, thank you. we have new reporting on the reaction to rubio as the next secretary of state. andrea mitchell is behind that scoop.

what can you tell us? >> the reaction is positive. rubio has worked closely with mark warner, the chair. they have done a bipartisan job and he is well liked. i talked to doug jones, the former senator from alabama and he thought it was a very reassuring point. also jeff merkley who praised him also. they have worked together with him on a number of issues. he is a china hawk. in that case, there is a lot of bipartisan support for a tougher policy on china. also, the president named mike huckabee as the new ambassador

to israel the state department said they will not penalize israel. the state department said they have sen enough steps of progress on a day when the president, president biden was meeting with the president of israel. no one expected. but they had been given a 30- day warning to do more to get food, fuel, and water in or else. >> andrea, thank you for that. now to the big wait. the judge in president elect trump's hush money trial delaying a decision on whether he will pay a price for his 34

felony convictions. what does this decision mean? >> it means the big wait continues. about whether or not trump could be prosecuted for actions he took as president. they will review the question here to decide if they need a new trial or start over. now we are getting another additional week pause as the state asks for a little more time to consider how donald trump has been reelected to be president of the united states could affect this case going forward. the trump team greeted this news fairly triumphantly with a statement pointing out donald trump had been overwhelmingly reelected. they view it as a mandate to end the prosecutions against him. we are not there yet. but it will be at least another week before any of these questions get answered. and it means that the sentencing which was tentatively scheduled for a few days before thanksgiving is

likely to be delayed still further if it proceeds at all. >> garrett haake, thank you for that. any minute now, federal sentencing for the national air guards man behind one of the biggest intelligence leaks in decades. what can you tell us? >> reporter: this was really one of the most damaging intelligence leaks for years. this young airman had a really high top security clearance despite his banal job. and he leaked hundreds of documents onto that discord gaming site. and raised huge questions about security and how the nation's secrets are being guarded inside the military. now we are waiting for his sentencing. he maded guilty to violating the espionage act and he could face up to 17 years if federal prosecutors get their way. his own attorneys are saying that 11 years would be

appropriate for his age. and for the offense that he committed. but there are lingering questions about how secrets are protected. when he was receiving at his post in the international guard, he was caught more than once dealing into these classified documents and was told to stop doing that. and really, they lost control of that situation. failed to manage it. so waiting to hear what his sentence will be. >> dan, thank you. crowds of white house staffers just welcomed vice president kamala harris back to the white house for the first time since the election. nbc's monica alba covered it. looked like a big group. >> reporter: there were a lot of staffers assembled on the building that houses most of where the vice president does her own work and her staffers

and she was arriving for a scheduled lunch will president biden. she said she really appreciated quote all the love. but her message was really one of we still have work to do. so she acknowledged the fact that they were there. cheering for her, welcoming her back to the white house complex for the first time since she lost the election. but said there were a couple of months left where this administration want to wrap things up before donald trump come back to washington. tomorrow as president biden is expected to host president- elect trump in the oval office, we don't expect to see the vice president take part in that.

the vice president-elect, senator vance would be be brought in. that is something we are watching for as well. that could come out of this. but it is the first time that the president and the vice president are having lunch since she was defeated in the election. and we can expect the two of them have some items left on the agenda before this peaceful transfer of power. >> monica, thank you. today in an idaho courtroom, four women are getting personal. mounting a challenge to the state's abortion law. we'll take you inside their testimony in just 90 seconds. the itch and rash of moderate to severe eczema disrupts my skin, night and day. despite treatment, it's still not under control. but now i have rinvoq. a once-daily pill that reduces the itch and helps clear the rash of eczema —fast. some taking rinvoq felt significant itch relief

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that reach! making hard to reach... so easy. swiffer. wow. the mother of all cleans. love it or your money back! right now, four women who are suing the state of idaho after they were denied abortions are getting their day in court. all of them unable to access care following severe pregnancy complications in a state with a near total abortion ban and they are sharing their very emotional stories. >> there were issues with the fetal stomach. with multiple issues with the fetal heart basically. every major organ system. was involved. and my understanding was the

severity of all of those issues led to very poor outcomes that the pregnancy was not going to make it to term, but if it did, would definitely lead to a baby that had no chance of survival. at the time of that scan, we were given all of those diagnoses. and i knew that remaining pregnant was inherently more risky than not being pregnant. >> every successful abortion results in the death of an unborn child. every one of them. idaho has a right to protect these precious lives. >> one in four obgyns have quit or retired according to a report by an idaho physician

group. lisa rubin and julie. you were saying that before you came down here, you were watching this. one of the towns said they are not telling idaho how to write its laws but the laws as they are written are not working. explain what we are seeing here. >> what we are seeing here is not a challenge to idaho's very strict abortion restrictions. we are seeing a center for reproductive rights on behalf of each of these four women who have received denial of abortion care in idaho. had to go out of state to find termination of their pregnancy. they are saying you need to clarify for idaho's women when they qualify for an emergency abortion. what does the emergency look like? each of the four of us presented in situations were not only was the baby not going to survive, but had we carried

the child to term, our health was threatened too. wasn't that an emergency? >> the texas supreme court ruled against the plaintiffs in a similar case last year. the fact we have a trial here, i wonder what does that tell us about the state of the fight now and the state of the fight moving forward we saw in seven of the ten states where abortion was on the ballot. just last week, reproductive rights were affirmed. but the fight apparently isn't over in states where there are these serious charges. to women's health and access. >> yeah. i think that it wouldn't surprise me to see a similar outcome in this case. the idaho supreme court has been very conservative on this matter. has been pretty resistant to any challenge to the state's abortion ban. so a ruling like the one we saw in texas where essentially they say doctors can just use

reasonable judgment to make these calls. there is nothing confusing about this law may be forthcoming. that isn't going to change the fact that the more we hear about this kind of case, the more resistant a lot of voters will be to abortion bans. to your point, ballot initiatives are not a perfect solution. they may be in places like idaho but in a lot of other cases like texas, that option is not only the table. that means whatever happens in this case, the fight will continue. >> i wonder are the legal battles like these and opening for democrats or what should democrats be thinking about now? it is clear that their hopes for abortion as an issue overall, it is not transferable necessarily.

but it is something the party has a whole believes in. >> this is something they need to communicate to women. there is not one woman on earth who is a mother or who wanted to be a mother who has not gotten to something brutal in the sense that even if you had a successful pregnancy, you are constantly worry about it. i will tell you a story i never told. i thought i was having a miscarriage here in new york. the one thing i never worried about was the doctors were not going to do their jobs. i knew what was going to happen, the doctors would be able to take care of me and luckily, that pregnancy survived and i have a healthy son, but that is something people in large parts of the country can't count on anymore. it is brutal. they don't know if they will be able to rely on doctors to take care of them.

if their baby survives. that is something every woman who has ever been pregnant or wanted to be pregnant understands and appreciates. it is just a horror situation. >> i appreciate you sharing the story you have never shared before. and there, let me just ask you very simply, when you hear stories from women like this. as someone who has experienced what you just told us about, what are your thoughts as, it is obvious what your thoughts are as a woman. right? and a mother. but as someone who understands this cause in a way many people don't? >> my first thought is there but for the grace of god go i. and i think any parent thinks that. and how that is transferable to politics is a separate issue. but i think regardless of your

political affiliation, you hear stories like this and women, these women who may be republican, i don't know their political affiliation but when they want to be pregnant an want to have a child but are told your fetus is not viable but you have to carry it. you have to do what you have to do regardless of what's best for you and your health and your reproductive health and you becoming a mother again. potentially. when you hear stories like that, i don't know how hardhearted you have to be to not appreciate that. to say carry that fetus even if that fetus is not even really alive inside you. you have to. for the doctors trained to take care of these babies and mothers and to be told that you cannot do what you have been trained to do to save the mother even if the baby has no

viable path to survival? what does that say to them? their first job is to do no harm, but the state tells them you must do harm. >> women who have been very brave to tell these stories to help people understand how broad this issue really is. think about this issue in ways that many people had never thought about before. does also raise the question about where this goes legally and i wonder about rights groups preparing for trump's second term. are lawyers on the reproductive right side ready and where do you see the battleground going next? >> a lot depends on trump in that regard. we are in an unprecedented moment in the sense that trump has both said he doesn't intend to use the power of the federal government to restrict or ban abortion and where there are a

lot of options where he could use the power of the federal government to restrict or ban abortion or idf or other things, even without congress in some instances because of strategies conservatives have laid out in project 2025. so the first question is what is he actually going to do? the short answer is they are prepared if he was not serious about abortion being a states rights issue with lawsuits challenges and the like. we may have a wait and see approach in the sense trump may not be putting the full weight of the federal government there immediately. if he is good for his word, he will be nominating judges who will be radically conservative on these issues taking lawsuits from conservative groups an running with them. the impact will be significant. whether or not trump wants his

fingerprints all over a federal initiative limiting access remains to be seen. but i think there is no question that there will be impacts going forward from the judiciary. >> lisa, mary, and julie, thank you all. and up next, leadership limbo on capitol hill. the wait and the planning for the speakers gavel next year. plus, the secret election in about 24 hours. for who will lead the senate in that chamber. only on msnbc. only on msnbc. it's payback time. all these years, you've worked hard. you fixed it. you looked after it. maybe it's time for your home to start taking care of you.

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the battle for 218 seats control of the house of representatives now stands at 215 for republicans, 206 for democrats with the mayorty of undecided seats in california. anyone who wanted to run for a position had to put their name in by noon today. not have the resilience of the last session. we have more.

johnjulie, why is it taking so long? i get this question and i'm sure you did all the time. and what are both sides planning for in terms of the leadership elections? >> you mentioned california. republicans, more control over the house. they need to flip or to get i should say just three more seats to reach that 218 threshold, they are allowed to accept up to seven days after election day. any ballot that was postmarked mail ballot postmarked for election day. but they could count the days after. maybe up to a week after. some sources i spoke to said they don't expect to know control of the house. in earnest until next week. the final counts could not be completed, chris, until thanksgiving. nonetheless, though, you mentioned that both sides, republicans and democrats are pushing ahead with their leadership. elections.

republicans are meeting tomorrow to get that process going. what you should know is the top three leadership positions for house republicans i'm talking about speaker or in a case that republicans lose, a small case, the republican leader would go to mike johnson. it woulds also keep in place steve scalise, the current number two republican in the house. and tom emer. tomorrow they will get behind closed doors in the secret ballot process and try to fill out the rest of the leadership structure when it comes to democrats, hakeem jeffries and house democratic leadership are perhaps the only democrats that are not facing fury right now. as speaker amerita pelosi pointed out, house democrats ran well ahead of the ticket. beating out harris' performances.

so that process gets going tomorrow. though we heard a warning from johnson and scalise, not to dwindle their majority further with trump take more of those picks for his cabinet. >> so, the wall street journal notes this. some members returning to washington this week, indicated they wouldn't be bossed around. victoria sparts says she is not worried about repercussions from trump if she decided to break from republican leader orders on long term government spending or health care policy. so, do you think she is in the majority or the exception to the rule? >> she is probably the exception. what i will say is we have to put the buckets. they may be able to do these

things using a procedure where they don't need democrat, they can pass everything on their own. and those things they want to do, they will probably be able to be successful. then there are the things they have to do. that is where republicans have stubbed their foot time and time again. funding the government. increasing the debt limit. and while hakeem jeffries has been the minority leader he has had plenty of action. i expect that to continue. i don't think there is any way that even with unified congress, i don't see any scenario in which all republicans are willing to increase the debt limit on their own. they will need democratic votes to increase the debt limit and to fund the government. and that is where hakeem jeffries will have a lot of leverage and power. a lot of fanfare about work on tax reform. but keep an eye on the things that are really important.

>> let's talk about the senate side. you have leadership elections scheduled tomorrow. i think they have a secret ballot and narrow it down. tell us what you are watching for and what you think the outcome might be. >> i think the senator is probably the favorite. john thun and cornyn. rick scott has gone all in with trump. to the point where he was hanging out with laura loomer, the online conspiracy theorists who seems to be close to donald trump. rick scott was running as a protest candidate. and i think that he saw that one of those two johns was going to get it and he said well, let's see what we can get for it. now that donald trump's whole team have gone all in for rick scott, this race has gotten more interesting.

i don't think he will get all the way there. i think senators want a leader who is there for their own interest. this is a closed door secret ballot race. so you never really know. but i don't think they will put their future in the hands of rick scott who will do anything that donald trump asks them to do. >> thank you both. joining us now, eric swalwell. good to see you, you guys, the ats could still take control. practically. it is a long shot. probably at best. but i wonder what you think the realistic chances are. how do we turn this into something better in 26? >> ballots not deficient by local requirements so my staff

and my team are doing that and i encourage anyone anxious about the direction of the house, look at how you can do that right now. but yes. if it is a thin mayorty for the republicans, we have the experience of hakeem jeffries unifying democrats to effectively be the majority party. every vote of consequence in the last congress, the majority of the votes came from democrats so we are going to be unified. and you know, the message i have received from the american people is they want us to be a wrecking ball for them. if we can work with republican to be that wrecking ball, i know we will stand ready to do it. >> what is the likelihood of that given the mandate donald

trump got? >> it is the most reflective form of government in america. seven out of nine states where that was on the ballot, women making decisions about their body passed. we always want to keep the government open. if we can find a way to get rid of the most vined offenders on immigration, but also address the work force crisis in america where the cost of our groceries and hospitality, the cost of restaurants go up because of a work force crisis, we will stand ready. if the president miss interprets where the american people are on these issues, we will be guardians. as i said. >> let me ask you about the overall feeling in the

democratic party. i know many worked very hard for democrats and many of them will tell you they are absolutely exhausted. they are disheartened. i just speak to somebody. i was shopping. a woman said i went door to door and was disheartened before the election. the number of people who told me yes, i'm a democrat, but i'm voting for donald trump. and then on the other hand, you see the headlines that ask the question, basically, is the democratic party dead. to those individuals who are exhausted and disheartened,. >> it is tough to lose a election, but there are more plays on the field. there will be nominations for who runs health and human services. is it an anti-vaxxer who would get rid of the measles and

polio vaccine? we have to not as i said, dismiss what the american people are telling us. that's why i want to be a part of that wrecking ball. but we can't afford to be too down about this. i'm fired up about what we can do. we should be liberated to lead with personality. we elect people. look at ruben galleyo in arizona. he won in a statement where kamala harris lost. and i think that model is one we should look at.

>> eric. it is good to see you, thanks so much for coming on the show. >> my pleasure. with virginia republican jim justice's bulldog was on his side. that will change once he is sworn into the u.s. senate. three sources say the incoming senator was told during senate orientation, baby dog is not allowed on the senate floor during legislative sessions. staff reportedly told him only service dogs are allowed. dogs are allowed in senate offices however. and let's not kid ourselves, as dogs go, baby dog is a superstar. so he will still have doggy digs in washington. coming up, why a missing kayaker mystery in wisconsin may have been solved in europe.

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a really scary warning from experts at the u.n. climate summit. environmental tipping points are finally here. venezuela's final glacier has melted and the last glacier in asia only has about two years to go and this massive greenland ice sheet is losing a whopping 30 million tons of ice per hour, experts are warning the doomsday glacier keeping the entire atlantic ice sheet

from melting into ten extra feet of sea level could be past the point of no return. they promised the u.n. that the u.s. is not backing down from the climate fight in the wake of trump's victory. >> for those of us dedicated to climate action, last week's outcome in the united states is obviously bitterly disappointing. while the united states federal government under donald trump may put climate action on the back burner, the work to contain climate change will continue in the united states with commitment and passion and belief. >> the unite nations secretary general said the clean energy revolution is here and no government can stop it. heavy winds are fanning the flames of wild fires already running rampant. there is a red flag warning on this blaze on the new york new

jersey border threatening at least two dozen structures after already chars more than 35,000 acres. the short bursts of rain are no match for historically dry conditions that officials say could lead to more fires. any progress on containment at all for that big fire? >> reporter: yeah, chris, there are dozens of agencies with fire departments on the ground trying to battle the fire. 3,500 acres to 5,000 acres. that is the major threat. here in new york, governor kathy hochul has announced a burn ban that will go into effect. the governor of massachusetts announcing something similar for their public spaces and parks. the concern is a lot of this can be caused by manmade human action. you light a cigarette, throw it away carelessly in the woods,

that can lead to this kind of fire. i'm here in prospect park. a massive fire raged here. the damage from this one fire will take them years to recover from. they'll have to replant trees and vegetation and this is all the result in their view of climate change. take a listen to governor kathy hochul talking about the fight ahead here. >> we don't know how long this will. this could be an atypical winter. that had been hit by a tornado not long ago. think about that. a tornado and a fire. hurricanes have come here. massive flooding. now we have droughts. >> reporter: and to put some of this in context, about 57%. almost 60% of the northeast has some kind of moderate drought condition and we have not seen

conditions like this since 2002. and when we look ahead to the forecast, experts are not seeing anything like the precipitation we need to get us out of this. and that means we will be living with these conditions for quite a while. >> thank you. meantime, a wisconsin man who disappeared after kayaking on a lake this summer could be alive and well in europe. after officials say he faked his death. authorities say he took out a life insurance policy before he went missing and communicated with a woman in uzbekistan. sam brock is here in studio with us. this is a wild story. what's going on? >> reporter: all that information came from his laptop. right? originally, there were concerns he had gone missing. think about the pendulum of pain. they thought their father and husband had drowned in a lake only to find out after a 54-day exhaustive search that now authorities think he had

actually manufactured the entire thing and staged it to meet who knows what. they found his capsized kayak on the water. also his fishing rod. a tackle box that led to the narrative he had drowned. but after thaw brought in specific search crews with sonar, drones, they went through his laptop. the whole thing was wiped. moving money to foreign banks. communication with a woman from uzbekistan. a $375,000 life insurance policy bruce's legacy was out there trying to find his body. here is what the founder told

me about. >> day 10. it was getting more evident, we were covering this lake more thorough than i ever had to cover a lake to search for a drowning victim. especially with the data we had like his 360 app on his phone. when you have information like that, i went into this when i got called that morning with that information, this will be a one day search. >> the shape of any sort of charges still being formed right now. but authorities are asking this man, please, you have three kids. listen to us, come home. >> sam brock, more to come on that story. coming up, the crypto resurrection. trump's reelection boosting digital currencies. what that means for everyday americans. we have it next on msnbc. msnb

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elon musk's political gamble is paying off on his bottom line. the tech mogul's net worth has swelled by about $70 billion following trump's reelection victory last week. tesla's stocks skyrocketed after trump's win elevating the market value to well over $1 trillion. and reportedly putting musk at the top of the list as the world's richest person. i think he was at the top of that list even before then. so he is just even richer. crypto currencies are also spiking post election. bitcoin, the world's largest crypto currency was once left for dead by many analysts but it continued to rally yesterday and hit an all-time high. president-elect trump made a slew of campaign promises to the crypto industry including he said that he will make the u.s. the crypto capital of the

plan net. makenzie joins us now. let's talk about the surge and what it might mean for americans. >> so chris, this recent rally is being felt by the 20% of u.s. adults who said they have dealt in crypto currencies. the market adding more than $700 billion since the election with 300 pro crypto lawmakers elected to house and senate seats. many of them receiving cash from the industry which raised more than a quarter billion dollars this cycle. there is still a question of how much the american voter actually cares about this issue. an october poll from pew research across the country found 17% of adults dealt in crypto currency and 63% said they have little to no confidence in the current means of investing in digital assets. that has not stopped the surge in bitcoin's price we have seen since the race was called for president-elect donald trump. it is up 27% in the past week amid a wider crypto market surge. and analysts are now predicting

the bitcoin could reach 120k by the end of the year. we have also seen new user friendly ways to invest in crypto currencies come to market this year. like bitcoin etfs on the new york stock exchange. we got a report from the fdic that use among the underbanked is higher than those who traditionally invest. >> thank you. and that is going to do it for us this hour. one to 3:00 p.m. eastern right here on msnbc. our coverage continues with katie next. nues with katie next. embarassing, difficult to talk about, and could be peyronie's disease or pd, a real medical condition that urologists can diagnose and have been treating for more than 8 years with xiaflex®, the only fda-approved nonsurgical treatment for appropriate men with pd. along with daily gentle penile stretching and straightening exercises,

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