out that he knew which door the united health care ceo one going into, saw him congress, shot him several times from a distance and fled. so again, more evidence initially suggesting this was a targeted shooting. >> yeah. perhaps the gunman knew this conference was happening. the ceo would be there. you know, we can't speculate on motive, but this is part of the pieces of information. the police are passing forth, they do suggest that the gunman knew, you know, his target. this was -- this was intentional, and targeted, but it comes at a moment where we've noted that midtown, going to be flooded with tourists ahead of the christmas tree lighting and the christmas shopping season here, in one of the busiest stretches of new york city. straight ahead, msnbc will have reports," we have breaking news unfolding in new york. a manhunt under way after the ceo of united health care was

fatally shot outside the hilton hotel in the heart of midtown manhattan. what we know about the attack at this hour. also ahead, pick in peril. pete hegseth, his bid for defense secretary in doubt. the allegations that may prove the breaking point. is donald trump already moving on? the former rival in contention to replace trump's controversial first choice. breaking news at the supreme court, the case justices are hearing today that could have a sweeping impact on transgender rights across the country. ♪♪ i'm ana cabrera, reporting from new york. we begin with breaking news in midtown manhattan. police are searching for a gunman after the ceo of united health care was fatally shot outside an investor conference this morning, according to a person familiar to the matter who spoke to cnbc.

the conference is suspended. let's get right to nbc's sam brock. sam, what do we know at this hour? >> reporter: this is off of sixth avenue. limited information coming in this morning. here's what they're willing to disclose. the nypd responded around 6:45 to a 50-year-old male unresponsive and unconscious suffering from a single gunshot wound. that was the verbiage in their release. cnbc confirmed that this was 50-year-old brian thompson, the ceo of united health care. he runs a unit of united health group, one of the largest companies in the country, 375 plus billion dollar in revenue in 2023. the company was holding -- was going to hold its investor day today. it was canceled immediately upon this incident happening in midtown manhattan. to underscore the shocking nature of this, it's one of the busiest places in the entire city when the christmas tree

here at 30 rockefeller center is about to be lit. tons of people in the middle of the city as this apparent murder took place. police did not specify whether or not this was or was not targeted. there's reports that it was not random violence, that thompson was targeted. that's unconfirmed from nypd. a shocking scene unfolding right now. blocks in midtown manhattan are cornered off as the investigation is ongoing. what we know about the suspect, 5'10", man, wearing a cream colored jacket and a black hat. was able to flee. there's an ongoing manhunt to locate him. no further language about what further threat does or does not exist to the general public. as soon as we get more clarity as to whether it was a targeted attack, we'll provide more information. thompson, 50 years old, from minnesota, leading this incredibly large company pro

providing private insurance. shot and killed in the chest and taken to mount sinai and produced dead. >> sam, please stay close. we got some sound into the newsroom from this investor conference. let's listen. >> i'm afraid that, as some of you may know, we're dealing with a very serious medical situation with one of our team members. as a result, i'm afraid we have to bring to a close the event today. >> that just moments ago this morning. we confirmed who the victim was. the ceo of united health care, who was just 50 years old, brian thompson. he was shot in the chest according to the nypd. i want to bring in cedric alexander. based on what we're learning,

first reaction? >> well, the first thing coming to mind is first the tragedy of it which is absolutely horrific that this happens to anyone, certainly the individual being who he is, brian thompson, ceo of united health care. the initial appearance is that it well may have a targeted attack if you consider the early information coming in right now in regards to the person waited outside for 10 , 12 minutes or so. upon exiting of the building by mr. thompson, that's where he was shot and killed and the person fled from early reporting as i recollect, down an alleyway to jump on a bicycle. it suggests this may have been planned. we know that's not concrete at this point. nypd will carry out their investigation.

early indications are that may be what occurred there. the motive -- >> this area is always so busy for people who don't know new york well. this is a place where people are coming and going, lots of businesses, lots of tourism. there's also heightened security presence right now with the tree lighting that's about to happen at the rockefeller christmas tree lighting just a few blocks away. what do you suspect police are doing in their search right now? >> they're going to be looking at every camera they have on every corner in the city. new york city certainly has the technology to be able to back up their cameras, take a look at who was standing where when. even when that subject fled, whether it was down an alleyway or wherever, they have the ability to track potentially that individual to whatever last location they may end up at. that's mere speculation at this

point, but i would suspect their camera technology is going to play a huge part in this whole. in regards to the first thing you indicated, ana, with regards to it being a busy place during the holiday season, that doesn't necessarily mean it's a deterrent for this. sometimes that's the cover perpetrators like to have where they can mix in with a larger crowd of people and become more in conspicuous and hide behind them to launch their attack. this is certainly a horrific, tragic event to have taken place in the city as boldly and brazen as it was. >> some new reporting as well, cedric. let me add this, the suspect described as using a firearm with a silencer according to sources speaking with cnbc. what does that tell you?

>> well, it further strengthens the theory around this was a targeted hit. the average person in society do not have a silencer attached to their weapon. this may be far more sophisticated than what we think and beyond just some street attack or some person with a mental health illness or some random robbery. this may grow into something potentially much larger. >> cedric alexander, we appreciate your expertise. thanks for jumping on with us in such short notice. we'll continue to uncover more about this breaking news, the fatal shooting of the ceo of united health care, 50-year-old brian thompson shot outside an investor conference at a hotel in midtown manhattan, hilton hotel. the suspect did get away and a manhunt is under way. we'll stay on top of this and bring new information to everybody as we get it.

in the meantime, we have other breaking news we're following in washington on the trump transition. president-elect trump is considering replacing his defense secretary pick. this is according to two sources who are familiar with the decision making. right now pete hegseth is back on the hill where in the face of even more misconduct accusations support is waning. nbc reports at least half a dozen republican senators are not comfortable with hegseth leading the pentagon. we have new exclusive reporting, several current and former fox news staffers telling nbc his drinking habits there worried colleagues. hegseth denies all wrongdoing. we learned trump is mulling potential replacement. two sources telling us florida governor ron desantis is one contender. with hegseth's bid on the ropes his mother is coming to his

defense. penelope hegseth became part of the story when "the new york times" published an email she sent years ago accusing her son of mistreating women. she's disavowed those sentiments and apologized for sending the email. she defended her son on fox this morning. >> pete is a new person. he's redeemed, forgiven, changed. i think we all are after seven years. i believe he's a man for the job. i think being a tv news host, i think, prepares you for most things in a position like this. he doesn't misuse women, no. i mean, he -- you know, he's been through some difficult things. i'm not going to list them by name, but i would say some of those attachments or descriptions are just not true. >> when asked if she would testify to this for any confirmation hearings, she would not commit.

we have nbc news correspondents covering this. vaughn hillyard joins us from west palm beach, courtney kube at the pentagon and also susan glasser from the new yorker. you're reporting trump is considering ron desantis for the role and other names. what are you learning? >> reporter: among florida governor ron desantis who has a military background, he was a j.a.g., an attorney in the military, he has experience running a government, running the state of florida as governor. definitely has more experience than the current selection pete hegseth who also served in the military, mainly in the national guard. really hasn't had any experience in government or running a large organization, certainly nothing anywhere near the scale and scope of the department of defense. in addition to governor desantis, we've also heard a couple other names who are

possibles if, in fact, pete hegseth withdraws or is withdrawn from this job. that's iowa republican senator joni ernst, also with military experience and experience in the senate. she's been outspoken about advocating for women in the military specifically. she's been someone we're watching to see if she's against pete hegseth as defense secretary because of his very outspoken comments about how women should no longer serve in combat positions. in addition to that, a surprising possibility for the job to replace pete hegseth as the defense secretary nominee is florida congressman mike waltz. this would be a quick move other to another choice. everyone is watching as pete

hegseth is back on the hill meeting with senators to see if he can change of of these nos to a maybe or a yes. at least six republican senators are expressing concern about his nomination and it's not just the experience i mentioned, but the many character accusations that have come out about hegseth. >> vaughn, what's the view inside trump's team on hegseth and the alternatives? were they caught off guard by all these allegations and the blowback? >> reporter: the fact that donald trump and his transition are now actively looking at alternatives to hegseth is about the most overt acknowledgment that he's on the ropes more than a month before confirmation proceedings are to begin than anything we've seen publicly yet. when you're looking at the fact that alternatives are being considered, you're looking at qualified individuals in joni

ernst, bill hagerty and michael waltz. for donald trump it's a numbers game. he can only afford to lose three republican senators if every democrat opposes his nomination. and the quickness in which donald trump named his selections were questionably made at this point based off of the hesitancy of republican senators to promptly jump on board. for donald trump, i think, we should be clear about the ron desantis proposal specifically. ron desantis is somebody who not only donald trump sought to end the political career of over the last two years, but several top advisers on his campaign, including his incoming chief of staff suzie wiles who ran ron desantis' gubernatorial bid. there was one point during the presidential primary an explicit

statement that no ron desantis staffer would ever be hired in a potential trump white house come 2025. of course, there's a lot of resentment towards ron desantis for challenging donald trump's place atop the republican party in 2023 in the first place. it would be a surprising move for him to turn to him. i want to look at pete hegseth who put out a social media post in which he suggests he has no intention of dropping out. he said i'm doing this for the war fighter, not the war mongers. the left is afraid of the real donald trump and me. >> courtney, you broke nbc's exclusive reporting about hegseth's time at fox news. tell us more what you learned from his former colleagues. >> reporter: ana, we spoke with ten current and former fox news employees who laid out this pattern of behavior while he was a host at "fox and friends," a

weekend morning show on fox news, including multiple occasions where he would come into the broadcast beginning at 6:00 a.m. moments before they were going on the air in some cases. at times he would speak about being hung over or clearly be hung over, talk about how he was out late the night before, maybe didn't even make it home. there were instances in which he still smelled of alcohol from the night before. there were also individuals who spoke to us about how he overindulged at fox news social events. now, the transition team vehemently denies this, as they have all these stories about pete hegseth's haracter. we talked to ten current and former employees who talked about how it had an impact on the show and on the staff. >> republican senators are meeting with hegseth today, perhaps in meetings as we speak.

what are you hearing on the hill? does he still have a path to confirmation? >> reporter: they're in meetings as we speak. on his way into the building, hegseth was walked in by a group of reporters, some asking him about the new allegations that have surfaced. i want to read in part, although nbc was not part of this gaggle. he said, i spoke to the president-elect this morning and he said keep going, keep fighting, i'm behind you all the way. hegseth with follow-up questions read the portion of the statement vaughn read, saying he's always been a fighter. why would he back down now? the undercurrents on capitol hill and this is probably what hegseth is starting to hear in his meetings, the currents are starting to pull towards hegseth having a difficult battle ahead of him. you mentioned the reporting that members of our team and courtney

moved overnight that at least half a dozen senators are not inclined at this point to support hegseth's nomination. there are also senators, including some he's meeting with today, who expressed skepticism telling reporters they're concerned and they have questions and they'll ask hegseth about them. >> just to recap the allegations hegseth is contending with, all he denies, a 2019 sexual assault investigation which ended in no charges, but he did pay a settlement to the accuser last year. the new yorker has reporting he was forced out of prior jobs over sexism, alcohol abuse, mismanagement based on documents nbc has not seen. plus, this nbc exclusive reporting that his drinking worried colleagues during his time at fox news. susan, are there national security concerns that

allegations like this could be exploited if he's elevated to defense secretary? >> absolutely, ana. i spoke with a senior former pentagon official the other day who pointed out it's unlikely he could receive any basic clearance for any other pentagon job given the allegations and the conduct that has been reported. the idea of hiring him to be the leader of the world's most powerful military is breathtaking to many national security officials. you know, i think it's really notable that we're focusing, understandably, on the character issues, on the allegations of sexual assault, on the questions about his use of alcohol. those are the kinds of things that have sunk a defense nominee before going back to john tower in the george h.w. bush administration who did not win senate confirmation because of similar allegations.

but there's also a very broad sense that hegseth's agenda for the pentagon would represent a dramatic rupture in how defense secretaries have approached the pentagon. there's real concerns about that. it's certainly a question about donald trump and his presidency. what kind of vetting went on here? what's the decision making? this is already the second nominee for one of the most senior positions in the u.s. government who was apparently appointed without even the most basic background check. this is a pretty remarkable thing. you can be sure our adversaries around the world are looking at this in almost amazement i would say. it seems like the kind of own goal, you know, that our adversaries dream of us making. we'll see what happens. it doesn't look good for hegseth. >> we got new reporting that trump's team has finally given the green light for the fbi background checks for some of

these picks, or all these picks. susan, i want to come back to the possibility that trump could tap desantis to replace hegseth as his nominee for defense secretary. we remember how ugly it got between these two men on the campaign trail. trump also already picked another former rival marco rubio for secretary of state. i just keep thinking about how much donald trump prizes loyalty, right? how do you make sense of this team of rivals possibility? >> well, you know, i think you're right to be skeptical. we'll see. i noticed somebody yesterday posted on social media a picture of the famous meeting between mitt romney and donald trump that was allegedly a secretary of state interview after trump won election the first time in late 2016. obviously not only was romney not the secretary of state, it was a famous moment of donald trump trying to own a former rival and thorn in his side. we'll see about desantis.

the other thing this reminds me of, ana, remember the embattled nomination of brett kavanaugh to be a supreme court justice. the sharks were circling, a full-fledged washington frenzy around his nomination. reports came out that trump wasn't sure if he could make it or not in the end. i think that hegseth is following the kavanaugh playbook of being combative, going on fox, putting his mother on fox to defend him. we'll see if that same script works this time. >> vaughn hillyard, courtney kube, susan glasser, thank you all. right now we're watching high stakes at the supreme court. the justices hearing a case that could have major ramifications for transgender rights. we're back in 90 seconds.

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woodruff, executive director of the aclu of south carolina and the first trans executive director. thank you for joining us. ken, lay out the legal questions and the arguments the court is tackling this morning. >> reporter: good morning. the legal question before the supreme court is whether this tennessee law violates the constitution's equal protection provision regarding sex discrimination. the biden administration which is arguing now has sided with the plaintiffs in this case. among the things they're citing is a 2020 supreme court decision that found that federal anti-sex discrimination law applies to transgender people. that was a different question. in that case the supreme court was asked to interpret a federal statute. in this case they're asked to apply a constitutional provision. the results of this case are profound. around half the states have applied bans for minors and donald trump and the republicans

have promised to enact a federal ban in terms of medicare and medicaid coverage. the appeals court which upheld the law in tennessee found it did not discriminate on the basis of sex and was a reasonable response to conflicting medical evidence. the evidence is conflicting. the medical consensus in europe has been more skeptical than treatments in the u.s. in europe they restrict the treatments, but don't ban them. the solicitor general was arguing a ban is draconian. take a listen. >> rather than impose measured guardrails, it ban it is care outright no matter how critical it is for an individual patient. that approach is a stark departure from the state's regulation of pediatric care in all other contexts. >> reporter: now, the ban would really ly impact a lot of people.

some of the plaintiffs in this case in tennessee are having to drive hours to north carolina to get the treatments which have profoundly affected their lives. a human impact and legal impact here at the supreme court. >> ken, we'll let you get back to listening to the arguments. thank you for the reporting. jeffrey, the key question of this case is whether this tennessee law discriminates on the basis of sex. about two dozen other states have bans on some kind of gender affirming care. how could the decision in this case impact trans people nationwide? >> well, it could have tremendous impacts. the immediate impact is on those 26 other states like tennessee ban the use of hormones for people transitioning. if the court adopts a broad reading of discrimination against trans people as sex discrimination that could affect sports teams and restrooms and all discrimination against trans

people. if by contrast the court holds this is not discrimination based on transition status, but discrimination on the basis of the use of the drugs, then all other forms of trans discrimination would not be subject to heightened judicial scrutiny. the solicitor general said the tennessee law bans treatment only when incompatible with a patient's birth sex. justice clarence thomas said why isn't it age discrimination rather than sex discrimination? the solicitor general said it's age and sex. chief justice roberts said why shouldn't we defer to doctors? it's the biggest case of the term and certainly the most important for discrimination against trans people. >> jeffrey, do those questions at this point give you a sense

of where this could be headed or is it too early to tell? >> way too early. the arguments just started at 10:00. even after oral argument it will be tough to tell. it's going to be a real test for justice neil gorsuch that said title vii which bans discrimination because of sex does cover discrimination against trans people. if the court holds that the constitution has the same requirements as title vii it's a strong protection for trans people. it's quite possible they will not reach that holding and say the constitution requires intentional discrimination and here the discrimination is on the basis of medical treatment and you don't get the same protection in the constitution. >> jace, one of the lawyers arguing this case against the tennessee law is the first transgender lawyer to appear

before the supreme court. he wrote an opinion piece for "the new york times." my presence at the supreme court as a transgender lawyer will have been possible because i have had access to the very medical treatment at the center of the case. though some doubt the life-saving properties of this case, i know them personally and so do my clients. the question before the court is a relatively narrow one, but the stakes are high particularly as donald trump takes office in the wake of a campaign in which transgender people played a role. if there's a check to ban health care for transgender minors, this case provides a critical vehicle. an interesting perspective there. talk about the significance of that position. >> it's an important moment for chase and he is really second to known. he has so much experience

arguing these kinds of cases. it's a historic moment, yet chase is there for the families who have been so incredibly harmed by this law. i mean, i'm a parent. i take very seriously my responsibility to make medical decisions for my child and what we have are these families who have lost access to this life-saving medical care. i think about do i have to uproot my family and move to another state to get my child this medical care? or do i watch them suffer? we know that transgender kids who don't have access to medical care are more likely to drop out of school, use drugs and alcohol, experience anxiety and depression and more likely to consider suicide. this is an important moment for chase to be sure. he's such a talented attorney. it's a moment for families in tennessee and all across the country who have been harmed by these overreaching laws. >> jace, what do you make of his

warning of the incoming trump administration? >> look, the political attacks on transgender people have reached a shockingly, dangerous moment. $65 million spent on ads from president-elect trump attacking transgender people. from south carolina congresswoman nancy mace said transgender can't come to the capitol, including her colleagues. we have have the states in this country banning medical care. it's a scary moment for transgender people. what we're seeing with this law is that it's not just about kids. politicians can tell us they're protecting kids, but in south carolina, the law that our policy makers passed took care away from adults. two health care providers have stopped paying for care for adults. this is about politicians wanting to control the bodies

and lives of transgender patients. >> justice thomas suggested the court should reconsider past rulings codifying rights to contraceptives, same-sex marriages. could their decision in this case lay the groundwork for future decisions or revisiting past decisions? >> every time the court takes up a big issue like this, we all wonder what's going to happen. i'm going into today with incredible confidence in our team. they're second to none. i have incredible confidence in our plaintiffs and their stories highlight the harms of these laws. the evidence the rock solid and every leading medical association in this country has weighed in and said, these laws are harmful. i'm incredibly confident about the case we're putting forward. in fact, at the district court level, a trump-appointed judge

blocked this law. the facts were so compelling, so on our side that it overrode ideology. that's what we need the court to do here. >> it was a trump-pointed judge at the district level who ruled with the challenger. at the appeals court level, trump-appointed judge, george w. bush appointed dges looked at the case and went in the opposite direction. i appreciate you both joining us. thank you so much. more breaking news now on the fatal shooting of a health care ceo in manhattan this morning. what we're hearing from one eye witness after this. healthcare should evolve with you, and part of that evolution means choosing the right medicare plan for you. humana can help. hi, my name is sam davis and i'm going to tell you about medicare advantage prescription drug plans that can provide more coverage than original medicare, including prescription

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hour. according to cnbc it's believed to be a targeted attack on brian thompson, the ceo of united health care. here's what one witness said. >> i was holding my phone and i hear the shots. when i looked, the guy had a gun, a silent gun, a black gun. i saw him after he shot him he run across the street this way. >> i want to bring in retired atf special agent in charge jim cavanaugh. jim, give me your reaction from that witness. how would police follow up on that? >> the biggest lead here is the cameras all over manhattan to try to pick the killer up on the bicycle as he leaves the scene. if they can track that back, i'm sure they're doing that right now in their command post. that's what they have to do. try to pick him up and see if

they can take him somewhere to a vehicle, a house or taxi or something. >> are you surprised that this person was able to get away given just how high security is and given the amount of people, how busy this area is? >> well, you know, not knowing manhattan, and i do know manhattan, i've been there many, many, many times. you know it as well. there's so many people. if you can do it quietly, there were some reports there was a silencer used. it was 6:45 in the morning. so, you know, it's quiet. if you're not -- if you're across the street and not looking, you can walk right by. if he escapes on a bicycle, i could see him getting away. >> would this have to be somebody who had training in firearm use? would they have to be an expert marksman or could it be somebody really close in proximity? >> i think it's someone, ana, who's really close. the silencer, the pistol, it

will be interesting to see how far away the shooter was from the victim. there were reports of multiple shots fired. the major league category should be that it's a targeted attack. i believe the caveat here is that, when you have random killers, random shooters, the first murder that they do always looks like a targeted attack. don't know for sure that he was after, you know, the ceo of united health care. maybe he was. that should be the major league category with all the motives that involves with his personal life and business life and so forth. we also don't know this could be a person who did a random killing and plans to do more. we just don't know right now. we can't rule that out. if you're the commander, keep an open mind. >> so many unanswered questions. we're expecting a briefing at 11:30. nbc's sam brock has made his way to the scene.

let's check in. sam, what's the latest? >> reporter: so we're on 54th street between 6th and 7th avenue. over my shoulder you see a crime scene and a crush of police officers and detectives. on the other side of the van, may be hard to see, they keep going in and out of the parking structure or entrance to the hilton. we're waiting for an update from nypd at 11:30. the police commissioner is expected to provide an update on a homicide in the midtown north precinct. police have not identified the 50-year-old victim. they just said a man was shot there morning around 6:45 in the middle of the street outside of this hotel. sources familiar with the matter tell cnbc it is brian thompson, the 50-year-old ceo of united health care. he runs united group, one of the largest private companies in the

country with revenues of $370 billion. a major company, ana. as far as other details, we haven't got this from police, but they say it was targeted and the shooter used a silencer. here's what we know about the person they're still looking for. it was a white man wearing a black hoodie, black sweats, black shoes with why trim and a gray backpack. there was some conversation from police that he might have been wearing a cream colored coat. having seen some of the images portraying the suspect, it was a gray backpack, not a coat. they're pursuing him right now. we have no information as to where the suspect might be just that it's a 50-year-old victim who cnbc confirmed to the ceo here for a conference for united health group. there's an audio recording of someone telling those in attendance, not specifying a shooting, but saying there was a medical incident and they were

canceling the conference. we're in midtown manhattan, one of the busiest parts of the city where there's a lot of tourists in town for the tree lighting. there's a manhunt going on at this hour. you don't see a ton of activity over my shoulder. there's been folks going in and out of the building as they're trying to piece together where this person might be. cnbc confirming it was thompson that died. >> hopefully we get more answers in about 50 minutes when nypd has that news conference. thank you, jim and sam. up next, political chaos after south korea's president declared martial law. what happens next for one of america's most important allies in asia? s most important allies in asia? the time to choose your coverage... begins october 15th... and ends december 7th. so call unitedhealthcare and get...

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this morning there's a growing push in south korea to impeach the president after he

briefly declared martial law. shocking video capture the moment military helicopters landed. lawmakers were able to pass a resolution overturning the declaration of martial law and the president said he accepted that decision and would rescind his order. the martial law lasted for about six hours, but led to mobs of protesters taking to the streets in defiance. many still lining seoul streets this morning. let's go to janis mackey frayer live in seoul. what's the situation there right now and what's supposed to happen moving forward? >> reporter: the protesting continues through today. we saw thousands of people marching in the streets, some holding candlelight vigils, all demanding that president yoon resign. that echoed by opposition parties today who move to impeach the president after an

extraordinary chain of events that tossed democracy here into turmoil. this morning a political crisis is deepening in south korea, a critical u.s. ally. it comes after a chaotic night that saw the military mobilized around the national assembly, its version of congress. all of triggered by south korean president yoon's extraordinary move to declare martial law. an attempt to replace the democratic government. yoon said he did it to stop what he called north korean anti-state forces within the government. the ill-fated move fueling a tense standoff with protesters scuffling with police as helicopters flew overhead. one opposition live streaming how he climbed a fence to get back inside the building for an emergency vote that forced yoon

to revoke the order within hours. today, there widespread calls for the president to resign or face impeachment. all of it appearing to catch the u.s. off guard with some 30,000 american troops stationed here. the white house and pentagon saying they're relieved yoon backed down. >> right now there has been essentially no impact on u.s. forces. >> reporter: the scenes unnerving for south koreans old enough to remember when dictators ran the country and the last time martial law was imposed in 1980. now, with north korea more hostile and closer to russ than ever, the leadership of one of america's staunchest allies appears on the verge of collapse. what comes next, ana, isn't clear. opposition parties are saying that if president yoon doesn't resign, they're threatening to have him arrested. while instability is not new on

the korean peninsula, this is a new, uncertain and very unsettling phase unfolding. >> janis mackey frayer, thank you. coming up, trump's latest attempt to toss his hush money case and why his legal team is citing president biden. dent bidn take an ekg from anywhere, but with 6-times the data. can your smartwatch do that? introducing kardiamobile 6l, the fda-cleared ekg that provides six-times more heart data than any smartwatch. and it detects three of the most common arrhythmias in just 30 seconds, including atrial fibrillation, bradycardia and tachycardia. get kardiamobile 6l for just $109 this holiday season at kardia.com or amazon. (♪♪) i've been worn by celebrities, athletes, and world leaders. but i've always felt most comfortable up here, with the folks that made me who i am.

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the president-elect's legal team is now turning to an unlikely source to try to convince a new york judge to throw out trump's hush-money case. trump's defense lawyers citing president biden's words and his pardon of his son hunter to argue the case against trump was unfair. joining us now former federal prosecutor christie greenberg. here's part of the filing from trump's attorney. quote, president biden argued that politics has infected this process and it led to a

miscarriage of justice. these comments amounted to an extraordinary condemnation of president biden's own doj, adding that manhattan district attorney alvin bragg engaged in precisely the type of political theater president biden condemned. your thoughts on that argument? >> doj has nothing to do with this. this is just really a pot shot, if anything. you know, this case was not brought by doj. it was brought by the district attorney of new york. this is just them trying to basically, i think, have some fun. there's a later point in the brief where they quote president biden as saying, enough is enough. they're really, i think, just trying to use it to be able to say, yes, president trump has been targeted and even president biden is saying that the doj is not above political targeting. so they're just using that to make their point in a way that will grab headlines.

>> you make a good point it's a state case. the doj doesn't have jurisdiction or control over this case. judge juan merchan has postponed sentencing as these filings have been coming in. what happens next? >> what i'm looking for here is what danny will day -- the district attorney's office will say in response. what trump's lawyers are saying is you have to dismiss this case. look at what the doj has done and they have opinions which are not binding in new york state, but they have opinions saying the constitution actually requires that the cases be dismissed against donald trump. and, again, that's not binding on the state, but that's doj's interpretation of what the constitution requires. obviously the state has to go by the federal constitution as well. so trump's lawyers also said, if you disagree with us and you're going to take the position that this can just be put on hold and then you can resume the case

once donald trump's term ends, if you're going to take that position, judge, we want a two-week stay basically to pause this case so we can go to federal court and ask a federal court to overrule you on that. it will be interesting to see how the district attorney's office responds. >> we have about 30 seconds. i want your thoughts on the georgia election interference case. the judge has ordered da fani willis to turn over records with jack smith's office, turning them over to a conservative activist group. what do you make of this? >> my first thought was the da in georgia will be talking to the special counsel, but then fani willis made some comments and said jack smith wouldn't know her if he saw her and wouldn't know how to pronounce

her name. they made comments suggesting they weren't in touch, which i found puzzling. i'm happy they were actually talking. that would be the responsible thing to do if you have similar subject matters and overlapping defendants. >> christie greenberg, they so much. it was a tough mission to get here. that oes it for us today. i'll see you back here tomorrow. i'm ana cabrera in new york. jose diaz-balart picks up our coverage right after this. hi, i'm damian clark. i'm here to help you understand how to get the most from medicare. if you're eligible for medicare, it's a good idea to have original medicare. it gives you coverage for doctor office visits and hospital stays. but if you want even more benefits, you can choose a medicare advantage plan like the ones offered at humana. our plans combine original

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