>> reporter: it seems likely that william and kate would've been home that night with her three children. it was the night before a school day. the kids likely would have been tucked away in bad. that it doesn't appear that they were in any danger. they are actually protected by several layers of security. we have asked both kensington palace and buckingham palace about the incident. they have not commented. it is their policy not to comment on security issues. as for this robbery, the two suspects still have not been arrested. >> the whole thing is bizarre. thank you. that does it for us today. thank you so much for joining us. i will see you tomorrow, same time and same place. don't forget, you can catch our show all around-the-clock online, youtube and other platforms. i am ana cabrera reporting from new york. jose diaz-balart picks up coverage right now. good morning, 11:00 a.m.

eastern, 8:00 a.m. eastern. we are following breaking news out of new york. this morning, a deadline for prosecutors and president-elect donald trump hush money case. to propose how the case should proceed in the wake of trump's electoral victory. in may, trump was convicted on 34 felony counts related to hush money payments made to adult film actor stormy daniels. trump continues to deny any wrongdoing and his legal team has argued the entire case should be dismissed. joining us now come nbc's vaughn hillyard, lisa rubin, and katie fang. lisa, let me start with you. what are the options in front of the d.a. this morning? >> the d.a. was asked to send judge mershon a filing that indicates how they think this case should move forward. so it is not a binary choice for them and i see it, they have three options.

one, they can advocate for dismissal of the case, but that would require judge mershon agreeing with them. we are past the point of time where the prosecutor's office on their own could dismiss the case. two, they could say that conviction should stand, but any sentencing should be stayed in light of the formal and future president's status as president-elect. and three, they could say that nothing should change and we should proceed to judge mershon's decisions, first on the pending motion to set aside the verdict, on the basis of the presidential immunity decision, and specifically how it impacts evidence admitted in the case. and then, if the verdict stands, then to that sentencing that was originally scheduled for november 26. >> katie, what are you watching for in these three options, that lisa was telling us about. it just seems as though they could decide, on any of these. >> lisa did a great job of kind of setting forth the different pathways that judge mershon could pursue.

but josi, what is interesting is, as we saw in the judge chutkan d.c. federal election interference case, the supreme court set that case back, went to decided the immunity decision and it said, look, you need to make a decision, based upon the evidence that would be presented to you, by the doj, to decide what portions of the superseding indictment's survive to move forward. the reason i bring that to europe attention is -- your attention is what is different with judge mershon, you have a completed trail that went to verdict. the evidence that was presented to the jurors is complete. so judge mershon does not need necessarily a new filing that has new evidence or anything like that because it doesn't exist. you have the evidence presented and admitted during the course of the trial. what judge mershon had to do, he has to decide based upon the framework provided by the supreme court in the days in the immunity decision and based on the evidence admitted during that trial, one, is there enough that is outside the

scope of donald trump's role as president and i and several eagle analysts believe that the answer is yes. there is nothing that was related to his job, that was the evidence admitted in this trial and he was president and his job as president. with the other analysis, if there was evidence presented to the jury during the course of the trial that would have fallen under the perimeter of his job as president, is that overwhelmingly prejudicial in the way that the jury would not be able to render a verdict of guilt as it did on 34 felonies. without that evidence. so was that evidence that otherwise the jury would not have heard about, tainting the balance of the evidence that was presented. so we have a complicated decision to make but he gave the das office until 10:00 a.m. today. to let him and the other side know, what the das office wanted to do. i am going to, based on lisa's buffet of choices, i am going to elect to go with, let's move

forward and deny the motion to set aside the verdict. it's move forward with sentencing on november 26 because donald trump, if we are going to say no man is above the law should be treated like any other defendant. and maybe his sentence is day because he's in the oval office starting in january but again, if we do not want to treat him differently, as we should, we should not treat him differently, he should be sentenced on the 26th. >> and lisa, you are saying this is not a -- of those three possibilities are options you mentioned earlier on, one of them is dismissal. but you said the d.a. can't dismiss the case anymore, only make the recommendation to dismiss the case. and why is it that the d.a. cannot dismiss it and when did that days one was that line crossed? >> that line was crossed when this case went to a jury trial to it a verdict. and given there is a verdict now, the law does not provide an option for the d.a. to dismiss the case solely of

its own discretion. they can join a motion with donald trump's lawyers, recommending that the case be dismissed in the interest of justice or because for example, this case presents unique constitutional concerns. that is how donald trump's lawyers have framed it. that they are not in a position to just make the case go away on its own. i don't think of both sides were to come to judge mershon and say the case should be dismissed, that he would necessarily go the other direction. but, i also share katie's view that it is not likely that d.a. bragg's team will go to this judge and say that they think the case should be dismissed. i think it is far more likely that either they will say that judge mershon should go ahead and render his decision about whether or not to set aside the verdict and if you post the verdict, proceed to sentencing or say they would like to save his opinion but are prepared to hold any sentencing in abeyance until the expiration of donald trump's next term as president.

both of those are options i can perceive. what i don't see is the new york das office willing to concede this case shouldn't have been brought or that the verdict was not in the best interest of justice and in the best traditions of their office. there are 12 people that they are accountable to in addition to alvin bragg's larger constituency in manhattan and those are the 12 jurors of this case and they want to say to the jurors, your service was not for not and also tae -- to the larger jury pool if we ask you to serve on a jury, judging one of your peers, your time will not be wasted. and for that, i don't see the das office coming to judge mershon and saying, please dismiss this case. >> and how are those in the trump world prepared for the filing? >> number one, the mind-set of his top lawyers on that team, over the course of the last week, their attention has been turned toward their future jobs. they were tapped as not only being the deputy attorney

general for todd blanche, but the deputy associate principal day sorry, the visible associate deputy attorney general, would be a meal but a bit. -- coming out of the trial that we all went through back in the spring, was a confident that donald trump, despite them losing, the 34 felony convictions, and his two top lawyers from the team, who is now tapped and will have to go through the confirmation process, at least todd blanche will and having to go and fill those number two and number three positions in the doj. both of these men work as top prosecutors for the fdny, previously and the scenario that matt gaetz is not able to be confirmed it would elevate the role that todd blanche would play. and much of this is a waiting game at this point are donald trump and his legal team. but it is one that a couple of months ago they were able to stare down the very realization that if you are to lose this election, donald trump could be facing potential serious punishment even present time. but now instead, his legal team

from that case, they are now prepared to take over the department of justice under his white house in 2025. >> katie, he will get to the white house, january 20th, less than over two months from now. as president, could he have any impact or decision on this case? >> this is a state case and it is already -- the verdict has been rendered by a jury. i think josi, if you are asking if he could dismiss the case outright as resident, if you would ask me about any other president i would say absolutely not. seeing how it is donald trump though, it flies in the face of all standing, laws, rules of law, norms, institutions and rules of procedure. but who the heck knows. i don't mean to be flippant, but when we have overused and abused

the unprecedented it is because things are done vis-@-vis donald trump in the legal world, that are just mind- boggling and don't fit, again, with the existing law. so as an outright answer, the answer is no, he couldn't do anything with this case but the fact you me, fun and the rest of the people tuning in and watching are having a conversation about the das office making a unique decision as to how to approach this goes to show how the system has been turned on its head when it comes to criminal prosecution because it is donald trump. and i think that is really kind of the big open-ended question to his excellent point, you now have the two liter trial lawyers , susan being the third, and she is exceptional as well. but you have the two lead lawyers on this case where he lost. he was convicted of 34 felonies and donald trump wants them to basically run the doj under matt gaetz, which is another conversation. so if you think about it,

donald trump didn't care that he lost. is only criminal case, that went to trial, with these people at the helm, he doesn't care. he thinks they will run the department and that if that is the case is a, maybe he tells them to do something. but i think somebody like alvin bragg is going to stay the course and even if he gets external pressure to do something, he's not going to waver from it. >> lisa rubin and katie feng, thank you much. if you would, stay with us because we're going to talk about matt gaetz,, new scrutiny this morning in washington over president-elect trump's pick for attorney general. republican senator kevin cramer tells nbc news, trump personally called him, urging him to support his pickup matt gaetz, to lead the justice department. at the same time there's a push to release a house ethics community report on sexual misconduct and drug use allegations against him. gaetz long denied the accusations but hallie jackson spoke with the attorney of a woman who says that gaetz paid her to have sex with him.

the attorney said his client thought gaetz having sex with a friend who was 17 at the time. >> she was walking outside to the pool and she observed to her right, her friend who was 17 at the time having sex with representative gaetz. they were leaned up as she described a game table of some type. >> did your client believe that gaetz at the time knew that her friend was underage? >> she testified that her belief was that representative gaetz had no knowledge she was under 18. >> the attorney also said his client testified that gaetz stopped the sexual relationship with a young woman when he found out her age and didn't resume it until she turned 18. joining us now from capitol hill, is nbc's ali vitali and with us, vaughn hillyard. what is the latest on gaetz? >> this is something that is

unrolling on a daily, if not hourly basis, josi. because while we wait for the ethics committee on the house side to meet tomorrow afternoon, and figure out what they are going to do in terms of releasing or not releasing the investigation into gaetz that they have been doing on and off since 2021. we are waiting for that, but we are also seeing a full court press begin to emerge from the trump transition side of this equation when it comes to lobbying senators, maybe not to outright support gaetz at this early point, but at least to come to the confirmation proceedings with more of an open mind. at least one senator has talked with us about the outrage he got from president- elect trump directly, that is senator kevin cramer, who described the president as always persuasive in a conversation with one of our colleagues. also saying that he would be open going into these confirmation proceedings. but look, we are seeing this fascinating litmus test start to emerge here with senators talking about the role of advice and consent and trying

to take that seriously. on the house side of the building talking about whether or not to release an ethics report and what kind of precedent that might set in the ways that the speaker has said he doesn't want to see it released. and on the other side of the building, senators saying they would very much like to get their hands on that report. for example, here's one of the senators on the judiciary committee. watch. >> i think we have an obligation to do some searching and scrutiny into these sort of serious allegations. that you know, in past years would have completely disqualified any potential nominee. >> senator blumenthal is right, that in the past administration even the specter of these kinds of allegations might have been enough to get presidential transition team to move onto another pick. but we know that there is no usual orthodoxy to the way that the trump orbit does this. they seem keen to fight.

they seem keen to make a persuasive argument on behalf of gaetz and we will see if the ethics midi report become something that is able to be released to the public or the senators can get their hands on as they try to make decisions next year. >> and so meanwhile, trump is can -- is considering to meet with ben carson this morning. >> wright, his former housing and urban development secretary from his first administration ben carson remained over the last four years, a close ally to donald trump. he appeared on the campaign trail at several times with him over the course of the last year. we are learning he's going to be meeting with the president- elect, at mar-a-lago at 11:00 a.m. eastern today, about potentially serving in that capacity again. for dr. carson, this would be a notable addition for donald trump. somebody who next administration is not going to look anything like his first administration from former vice president on down, -- the

second go around, ben carson would be somebody who would have served in both of these administrations. we also now know that donald trump, the president-elect, his planning at this hour to fly to texas for spacex launch later this afternoon, and so he's going to be having transition meetings before heading out to texas to support the efforts of his friend elon musk, who of course has remained a near constant presence over the course of the last two weeks, since his victory here in palm beach. >> and we have also learned that president-elect has begun receiving intelligence reports, something he didn't take during the campaign. >> wright, when he became the general election nominee for the republican party, the daily intelligence briefings became available to him, but he made the decision not to take those intel briefings. the reason, while one campaign official the time told me was that he did not want to be

accused of leaking any sensitive material. but even in the immediate aftermath of his election, there is no indication he had begun receiving intelligence briefings. but we have now learned that in fact, through the office of director of national intelligence, he is getting those daily intelligence briefings. of course, this is going to be for the next two months, a transition process, that typically is one in which the incoming administration agrees with the outgoing administration and of course, donald trump visited with president biden last week and suggested the two sides would work together for a smooth transition to ensure a smooth transition. but at this point in time, our understanding of several random of understanding which would begin to open up the lines of communication, and funding for this team to be able to open up offices for example in d.c., that those memorandums of understanding has still not been signed at this point in time and would require financial disclosures and conflicts of

interest to be presented by the trump team. that this is a notable first step that we are learning is that the president-elect is now getting those daily intelligence briefings. >> ali vitali and vaughn hillyard, thank you so much. next, we will speak with ssman adam smith who served on the house armed services committee with matt gaetz and get his reaction to gaetz being pick for attorney general. we will chat in just a minute. the aclu, files a lawsuit that could impact one of trump's top campaign promises. later, another deadly e. coli outbreak across 18 states. what you need to know, next. n. have you all seen all of these recalls, that's going on in the united states, with the food. and to fight heartburn, why take 10 antacids throughout the day when you can take 1 prilosec. for easier heartburn relief, one beats ten. prilosec otc. one pill. 24 hours. zero heartburn. [clears throat] sounds like you need to vaporize that sore throat. vapocool drops?

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19 past the hour and tomorrow vice president let j.d. vance will be headed to capitol hill at the time transition team prepares for the confirmation process. and as we've been reporting, the most controversial pick so far, former congressman matt gaetz, who trump tapped for attorney general. joining us now, was meant adam smith, washington ranking member of the armed services committee. congressman, a pleasure to see you. i think you. it's been nearly one week since trump announced gates -- gaetz as his pick for ag. you served on the armed services committee with gaetz. what is your take on him? >> i mean the more important take is what it says about the

nominating process. and donald trump has made it clear, certainly since the insurrection in 2020, that what he expects from this fellow republicans is blind loyalty. he doesn't expect them to question his decisions. so i really expect, at the end of the day, all of his pics including matt gaetz, will be confirmed. we will see, i mean that is pushing the envelope but that is kind of the point. the point is to make sure that, as he said, to fbi director call me that loyalty is to donald trump and if you're willing to ignore all of the red flags around the matt gaetz, the -- that confirms the loyalty. that is the play right now. i worked with matt in the armed services committee. he is smart, intelligent, clearly articulate. we had many, many interesting debates back and forth. primarily, matt has been a showman. is been in congress to get attention more than he has been in congress to do things.

i'm not sure how that translates into leading the justice department. but again, the point is loyalty to trump. republicans signed up for this but it will be interesting to see if they were willing to challenge him at all. i sincerely doubt it. >> and you talk about the number of red flags, on his specific case. what are you seeing, as the biggest red flag? >> oh, gosh. that is hard to pick. certainly as you have noted, if the history of sexual misconduct or allegation of that, that would be disqualifying in most instances. but look, matt has made no bones about the fact that he thinks the government should absolutely serve donald trump more than it serves the american people. matt has said, you know, he wants to go after the enemies list as much as donald trump does. so are concerned about whether or not donald trump leaves the presidency to prosecute people who disagree with him, former members of the military, members of the biden family,

members of biden administration. you know, matt is going to be all in for that with considerable enthusiasm and his trademark sharp wit, without any question. will he be interested in running the justice department on behalf of the american people? i don't think that is supposed to be the focus of trump's justice department. >> i want to turn to the war in ukraine, where it seems ukrainians wasted no time utilizing u.s. long-range missiles to attack inside russia after apparently the biden administration gave the okay to do so. it comes as russia announces it lower the bar for when they can use nuclear weapons. how dangerous of a moment are we in right now? >> i think it is dangerous. a lot of people have been criticizing the biden administration for a long time or not sort of giving ukraine the complete ability to do whatever they want it. but the stakes are high here. i personally don't think that we are at risk of a nuclear conflict. i know people feel that we might be. i don't think putin wants to do that. i don't think it is in his best

interest but putin is supporting armed forces in yemen. is working with iran in different ways. there are ways to attack directly, the u.s. interests that russia can support and i think as we get more aggressive about targeting russians in russia, then the risks go out. all of that said, i support the president's decision. because russia is trying to obliterate ukraine. they are using the north koreans, using iranian support, this is a major threat to any sort of freedom and democracy in the world. we need to help ukraine defend itself, to force putin to stop his war on the ukrainian people. >> and i think it is really important, what he did is outline, who are putin and rushes allies around the world and we are talking about the cooperation with yemen and iran, north korea. cuba -- these aren't exactly poster children for you know human rights activists.

but i want to ask you congressman, but this nbc news exclusive reporting, that the time transition team is compiling. a list of current and senior u.s. military officers, who are involved in the disastrous withdrawal from afghanistan and explain whether they could be marshaled for their involvement. this is according to a u.s. official and person familiar with the plan. what you make of that? >> i wonder if donald trump is going to court-martial himself. i mean he was the one who launched this plan. okay, he was the one who made the deal with the taliban. keeping the afghan government completely out of the deal. promising the taliban that we would be completely out of afghanistan by may 1st. which, as trump points out over and over again, but is 18 months of peace, whereby the payout -- the taliban weren't attacking u.s. troops. when they first, 2021 went away, they were going to start attacking us. he went the impossible position because of his decisions. so i think he had a court- martial himself because of

those decisions. >> and the 13 american servicemembers that were killed, the more than 100 afghans that were killed, the aftermath of that bombing, which killed an innocent family. those specific issues, however, are not under trump's purview. >> they are not. look, it was an impossible situation. i challenge anyone to go back in history and show me an example of where someone lost a war in a clean and easy way. our mission in afghanistan had failed. personally i think we should have pulled out a long time before that. i think we were not going to be able to do what we wanted to do. once we got to the point where the taliban were pushing into cobol and trying to get out, i think there was not an easy way to do that and mistakes were clearly made. no question, that has been investigated over and over again.

as well it should have been. anyone who thinks there was a simple way to pullout of god understand -- out of afghanistan or worse, that we would've been better off if we stayed, it is an absolute tragedy that we lost lots of 13 servicemembers. him anymore servicemembers would we have lost if we had stayed. if the taliban continued their attacks and we actually had been there. so i think, i hope we don't over simplify the difficulty of what was involved in getting out of afghanistan. >> congressman, it is a pleasure to speak with you. i think you very much for your time. >> thank you for giving me the chance. up next, why the aclu says it is sounding the alarm over transplant mass deportations. plus, disturbing details in the trial for the undocumented migrant accused of killing nursing student laken riley. what we are hearing on day three. you're watching jose diaz- balart reports on msnbc. arey to get prebiotic, plant-based fiber.

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history. two sources familiar with the planning tell nbc news, the incoming administration is talking to private prison companies about expanding immigrant detention centers and considering restarting family detention. incoming trump orders are talk -- tom homan said he will meet with trump this week giving us this review of their plan. >> as far as deportation operation, we will prioritize public safety threats and national security threats because they are the biggest danger to the united states. i.c.e. knows what they're looking for but haven't been able to arrest him because secretary mayorkas told them to tone down the arrest's. spoke with us now is cecelia wang, national eagle director for the aclu. thank you for being with us. what is this aclu lawsuit about? >> so thank you, josi. the lawsuit we filed yesterday is one of a series of government transparency lawsuits that we filed to try to find out what the capacity of the government

is, to deport many, many more people than trump previously dead. trump has said that he's going to execute the largest domestic deportation operation in u.s. history. no expense there. so make no mistake about what that means. this will be different in both quantity and kind from the first time around. in order to deport the numbers of people that tom homan and steve miller and donald trump are threatening to deport, he has said is going to declare a national emergency, deploy the national guard, and u.s. military against civilians. federal law enforcement agencies drop what they are doing and go to immigration enforcement. and commandeer local police. so yesterday's lawsuit is aimed at finding out and shutting they shedding light on one aspect of what trump need to do to deport million people a year and that is exploit a network of privately run companies who

do transportation of immigrants. in order to make the deportation system run. but how do you prepare to fight something that is yet to be implemented? >> this is exactly how we do it. the first step to fight something president trump is going to do once he takes office, probably on day one. is to find out what the government and the structure is. as i said, this is the third in a series of lawsuits that we have under the freedom of information act, two find out, what is the government infrastructure capacity right now and what are the ways in which donald trump is going to exploit that capacity and exceed its bounds in ways that are going to violate fundamental civil-rights. we saw, during his first presidency, that in the deportation infrastructure, he had privately run airplane -- airline companies, deporting immigrants, shackled for 48

hours at a time. the government of columbia refused to take people back, because they found out that these privately run companies were shackling women and children on deportation flights. that is what the lawsuit is aimed at and they have two others we have filed in order to find out what the u.s. detention capacity is currently and what the deportation capacity is currently. step one, find out what donald trump is going to do, step two, predict where he's going to be violating the u.s. laws and fundamental civil-rights in order to ram 1 million people a year through the deportation system. >> please do. >> i want to mention another thing. you played a clip of tom homan saying that they are going to prioritize so called criminals and national security threats. we have seen what happened, what actually happens when the trump administration claims to be going after so called criminals.

tom homan and donald trump leave all undocumented immigrants are criminals and we will see come to home rates by immigration agents and other law enforcement agents and mass worksite raids. donald trump has said he will spare no expense and we will be there to meet them at every step of the way they are violating civil-rights in the name of immigration enforcement. >> i'm thinking very quickly, if the president-elect plan is 1 million deportations a year, that is certainly outweighs and more than twice, the amount president obama deported during his eight years of administration, about 3 million people were deported under the obama administration. about 400,000 plus a year. that structure, and infrastructure that was created back then for 400,000, is that still the one that is the basis of the 2024 system?

>> that's right, josi. and that is why the fundamental problem with donald trump's announcement that is going to run the largest domestic deportation operation in u.s. history, we know that is going to violate people's fundamental civil-rights. we also know, it is day she's not only going after undocumented immigrants, who are in u.s. communities. in order to deport that number of people, he's going to have to run tent encampments. we saw that happen on a smaller scale in texas during his first presidency and the result was journalists documenting that children were suffering from malnutrition and hunger in these u.s. government run tent encampments. people were subjected to sexual abuse. there were covid-19 outbreaks. this is the kind of thing that donald trump is going to have to do in order to ramp up deportation capacity in

this drastic way. many times over, what the current capacity is. >> thank you very much for being with us. we appreciate it. >> thank you. and with the snow to continue our conversation, former lord a republican congressman --. it is great to see you, my friend. i want to talk about this because the main pillar of donald trump's campaign was to carry out the largest deportation in american history. so from campaign promise to carrying it out, what could be the impact of that? >> is a, yeah, we have to take two things into account. first of all for donald trump's detractors, the opposition have to understand that there's public support in this country for deportations. donald trump ran on this perky was explicit about it and people voted for him. so there is that. the other half of it though, is that there is a limit to how much public support. i think how this whole process gets carried out, is very important. if the process becomes inhumane, if it becomes cruel

in the perception of americans, you can see the public support that trump has now on immigration policy. and we saw this during his first term. people did want order security during the first term, but when the administration started separating families at the border, that proved to be too much. this is a balancing act for donald trump. but right now, he is certainly with public support, to start deporting people from our country. >> to your point, texas republican congressman tony gonzalez who represents a border district has a cautionary note about all of this. here's what he had to say in an interview on sunday. >> we are going after the guy that's picking tomatoes or the nurse at the local hospital and we are not going after the convicted criminal, then our government has failed us. our country was built on those fleeing persecution and it would

be just absolutely terrible if we don't protect those who are doing it the right way. legal immigration should never be mixed with these hardened criminals. if the messages, we are here to deport your --, that is not going to work well. >> and to your point, carlos, it won't work well but then just listening to cecelia, and tom homan who saying that they are going to go after those that are public safety threats and national security threats, that specifically is a group of people that i don't know anyone who could be opposed to, if it is just those involved in public safety threats, and national security threats. but then, where do you differentiate between those and abuelita. >> they have to start with the criminals, those who are up to no good in our country because they have to keep, and the clip

you played underscores this, they have to keep the support of swing district republicans in congress. remember, next election is a midterm. under the second trump presidency, typically that is a very difficult election for members of congress, from the president's party. so even from within his own party, donald trump is going to have to be careful not to push too far on this issue. >> great to see you, i think you very much. up next, breaking news. were reporting for you right here on msnbc, what we are learning about another potential picked by president- elect donald trump . you're watching jose diaz-balart reports. az-balart reports. things changed for me. breztri gave me better breathing, symptom improvement, and reduced flare-ups. breztri won't replace a rescue inhaler for sudden breathing problems. it is not for asthma. tell your doctor if you have a heart condition or high blood pressure before taking it. don't take breztri more than prescribed. breztri may increase your risk of thrush, pneumonia, and osteoporosis.

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44 past the hour and we have some breaking news. president-elect trump is expected to choose his transition cochair howard let nick to serve as the degree of commerce, according to sources familiar with the process. joining us now, nbc's garrett heyd. what more do we no? but this is an interesting selection in part because he does have what most people consider an acceptable inside the box resume for this job. he is the ceo of cantor fitzgerald, he's been in the is

this community for quite some time. he's quite close to trump personally which led to his role overseeing the transition. and the fact he is expected to be tapped for this role and i say expected because all these decisions i think are up in the air to a certain extent until trump himself announces them. it is finding himself a slot for the last two weeks, we've been talking about the possibility that lutnick might end up as treasury secretary, a position he is not filled. to our knowledge yet. he's been kind of in the mix for one of these key economic roles and i think commerce will be very important in a second trump administration. basin some part on how much trump has made his tariff plan the central economic plan of his agenda in the next administration. as secretary of commerce, lutnick would be the face of that plan and somebody who would have to sell it both internally to business interests around the country and externally to his counterparts all over the world. so we are reporting is expected to be picked for this role based on two sources familiar with the transition process but no formal confirmation from trump yet. and remember josi, with the marco rubio selection a week ago now, took several days before trump world had gotten

their ducks in a row to announce something that we and other news organizations were reporting early. we will see where this lutnick pick lands and win. >> and if so, when was the last time a transition head ended up in the administration. i'm thinking dick cheney, george w. bush. >> certainly a most famous example. >> garrett heyd, thank you. up next, day three of the trial for undocumented migrant accused of murdering a georgia nursing student. both sides could rest by the end of today. we will have the details, next. you are watching jose diaz- balart reports on msnbc. the right medicare plan for you. humana can help. with original medicare you're covered for hospital stays and doctor office visits, but you'll have to pay a deductible for each. a medicare supplement plan pays for some or all of your original medicare deductibles, but they may have higher monthly

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and help support our efforts to end cancer as we know it, for everyone. i want to thank you guys, [crying] for your donations that make my stay here possible. i owe it all to the american cancer society. i wanna show people that there is strength even with cancer, that there is hope... every cancer, every life... - i am a prostate cancer... - colorectal cancer... stage four breast cancer survivor. call now or go to give.cancer.org to donate today. 51 past the hour and it is date three of the trial of hope -- jose ibarra, accused of killing georgia nursing student laken riley. the prosecution is expected to rest after the judge heard testimony from two police

officers and an fbi agent. joining us now is nbc's kathy park and danny cevallos, legal analyst and criminal defense attorney. kathy, get us up to speed on the trial. >> josi, prosecutors are continuing to present evidence, calling members of law enforcement to the stand and this morning, a sergeant with the university of georgia police department actually walked through several cameras showing a man wearing dark colored clothing and appearing to match the description of the suspect, ibarra. he seems talking in apartment building and opening someone's unit several times. and there was also a moment in court this morning we saw images of laken riley out on a run and that this was the same day that she was killed. during that time, her mom and her roommates began to cry. we also learned more about laken's phone activity. she called her mom at 9:03 a.m. and 20 minutes later we found out she would encounter ibarra. one of the texts from her mom

was read out loud and she wrote, at 11:47 a.m. , i am worried sick about you. and prosecutor said that they would likely wrap-up today. it is unclear what time. and how many more witnesses they will be calling up. defense, meanwhile, has called the evidence circumstantial and suggested someone else could have killed laken riley and defense attorneys have said that it could take half a day at the most for their witnesses. >> kathy park, thank you very much. danny, the defense saying all the evidence seems potential and not very salad. how do you see the evidence that has been presented so far? >> i see it as circumstantial and very salad. the defense won't tell you but i suspect that they realize what everybody else realizes, that this case is, to use a criminal defense technical term, a dead bang loser. it is hopeless. the evidence is overwhelmingly and circumstantial evidence is

often more powerful than direct evidence. direct evidence is somebody saying i saw somebody do this but eyewitness evidence is fallible. this kind of circumstantial evidence leaves little doubt that the prosecution can put the pieces together and the main evidence that the defense realizes, this is a tough one, is the request for a bench trial. are going a jury trial and knowing members of the jury might be really upset by this evidence. they are going with a judge, a bench trial in this case. >> and so what is the difference for a defense team if they get a jury, or a bench judge. >> i have done this before. if you seek a bench trial, sometimes if you are the defense and have a very complicated legal issue you are worried that the jury might not understand, but there is no complicated legal issue here. more often, you ask for a bench trial when you think that the jury will just be inflamed by the evidence. but also, also you will do this because you can get a break on

sentencing. if you don't put a judge through a jury trial, and a hopeless case. often, the judge will attach a child tax, unofficial trial tax if you put in through a jury trial, when the evidence is as powerful as this. and i think that is what is going on. obviously i don't know it, haven't talked to defense counsel but that is typically what you do in the defense. we don't say it out loud. >> and the "new york times" reporting, new york city paid for ibarra's trial in a -- travel, giving him a plane ticket in a process known as free ticketing. is this impacted the trial at all? >> none, whatsoever. and in this case, it is focused just on evidence and in this case, it is powerful evidence, circumstantial evidence of the defendant's guild. that is you probably would not have made its way in a significant fashion into the court but you don't have a jury so you don't have the same concerns about evidence that comes that may be either inadmissible or improper because the judge can sift through it on-the-fly.

>> danny, quickly. if he's found guilty, what is he facing? >> he is facing -- life. he is charged with murder, two different variations, multiple variations of murderer. several different crimes. this is a life sentence. this, i mean this is murderer. the most serious crime in our society system. >> danny cevallos, great to see you. thank you very much, my friends. that wraps up the hour for me. i am jose diaz-balart, you can reach me on social media and watch the show on youtube. thank you for the privilege of your time. peter alexander picks up with more news, right now. now. a n

involving the former and future