tv Chris Jansing Reports MSNBC December 19, 2024 10:00am-11:00am PST
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waiting camera crews and i'm not sure why they panned off the chopper itself, but we don't know if that was, in fact, the chopper carrying the suspect. this is going to become clear in a few moments, we hope. obviously this is a major case, and it's going to be a gripping case for new york, and for the nation, especially because of the, you know, completely remarkable and horrendous public reaction. >> it's terrible. i hope law enforcement is handling it the right way not to martyr him when they're trying to do quite the opposite. >> when we talk about that, you know, i've -- we've seen cases like this before. t that, you know, i've -- we've seen cases like this before 1981, when john hinckley was arraigned and that assassination and, you know, that was obviously even a more important
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case, this case is going to make -- be a test case for a lot of challenges to the new york system. thank you so much. that does it for us. this is andrea mitchell in new york today. "chris jansing reports" starts right now. >> good day. i'm chris jansing live at msnbc news headquarters in new york city. you're looking at the scene in new york city. not far from where you see those officials standing. there is a helicopter. we don't know yet if luigi mangione, the man charged in the murder neof unitedhealthcare ce was on it but you know luigi mangione has arrived back in new york. officials flying him in after he waived extradition at a court appearance in pennsylvania. we're learning about new federal charges. we have a lot more coming up. let me bring in nbc legal analyst danny cevallos. danny, this is not usual, what
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we're seeing here. this is one of the most high profile murders we have seen in new york city. talk about what he's going to face once he gets off a chopper, and goes over to the courthouse. >> exactly right. and that heliport is not too far from the southern district of new york. what we have now is two multifederal and state prosecutions. he's going to go over for his first appearance, he has a criminal complaint filed against him. and in the federal system, a criminal complaint is really ultimately just a s place holde. something that the government files knowing they have 30 days in which to obtain an indictment. that means they have to present the case to a grand jury within that time. and meanwhile, there is a simultaneous new york state criminal case moving forward. and, in fact, a third case, a pennsylvania criminal case which is a distant third and likely will be paused completely while these new york federal and state
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criminal proceedings move forward. >> i also want to bring in msnbc legal correspondent lisa rubin who is l outside the courthouse that courthouse where mangione will be headed in new york. we have to hold off on going to her. we just learned, danny, that at approximately 2:00 p.m., so about an athour from now, he wi be appearing in front of the n honorable catherine parker, magistrate judge, in the daniel patrick moynihan courthouse. are you familiar with her at all? >> liso, yes, i know the name. you hear magistrate, what that means is because this is a criminal complaint. it will first go into essentially magistrate's court in the federal system. that is for all the preliminary proceedings. this is not the judge that will ultimately handle the case.ti it will eventually be handed off to a district court judge and that judge will take over from the magistrate judge after really just some initial appearances and those initial proceedings are completed. so this is really a temporary existence in this court,
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magistrates court. then it will be in district court before a federal district judge and, again, of course, also the new york criminal charges pending in new york state court, which is a block away from chthis courthouse. f >> what is the hierarchy, danny, when there are charges in different jurisdictions, in different venues? does one always get priority over another? >> lwso the short answer is the is the rule and then there is how things work in practice. in theory, generally speaking, the jurisdiction that first gets their hands on a criminal defendant usually has the priority to charge him first before the others. but that isn't always the bu practice. pennsylvania is a great example. pennsylvania in theory was first state to have any charges against luigi mangione. they're not going to try him first. they're going to try him dead last. so 'rnormally there is the rule y that whoever has the body fir gets to prosecute. there is a lot of cooperation as there erwill be here. new york state and federal
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prosecutors will likely cooperate in their prosecution coof mangione. there is another thing too. mangione's attorney karen ngfriedman agnifilo said this prosecution might have been overcharged in the state court and might also raise double jeopardy issues. that's the rule that you can't prosecute someone twice for the same crime. was the case overcharged? possibly. and because of that, the first degree murder charge in state ar court, the state is going to have to prove terrorism, which may sound easy given the terror that the shooter inflicted. but that is not a layup. terrorism is somewhat difficult to define. that might end up being a hang-up. >> here he is, in his orange jumpsuit, orange prison jumpsuit. we're seeing luigi mangione, this is the first time he has returned to new york since the crime of which he is accused and that is the murder of an insurance company executive. you can see that he has his hands cuffed. he comes here from blair county
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courthouse in holidaysburg, pennsylvania. in his appearance there, with his hlawyer, he was described attentive, animated, smiling, engaged, and it was there that he agreed ultimately to be extradited directly to new york. his lawyer thomas dickey said we are cooperating, we're going to move forward in having a fulsome adefense of our client. would you anticipate that thomas dickey would remain a part of this case? we talked about the folks who ouwere going to be taking it ov essentially here in new york, would he stick to the pennsylvania case? o what happens now in terms of s legal representation? >> i believe we will not be llseeing much of thomas dickey going ucforward. he's an attorney.d. he's got a great reputation in altoona, pennsylvania. but that case is essentially on pause indefinitely. you're going to want -- luigi mangione did exactly what i would expect him to do, he found a high powered attorney here in
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new york that knows manhattan and knows procedure and state court owvery, very well. thomas dickey will be of no help. that is not ba dig on him. someone who practices routinely in a completely different jurisdiction, if not admitted to practice in new york and i don't believe he is, would not be much help to the friedman agnifilo team who are really just built in a laboratory for this kind of criminal defense. experience in the manhattan d.a.'s office, experience as a federal prosecutor in the form of her husband, so, he's gotten the best legal team he can get in new york. he doesn't need an altoona, pennsylvania, lawyer. dickey will be great for the case as it exists in pennsylvania. but i don't expect we'll see him again. >> and there you saw the doors beginning sto close on the nyp police van as luigi mangione makes the short ride to the courthouse, where we find nbc's d erin mclaughlin outside that courthouse in manhattan. what's the latest where you are,
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erin? >> reporter: well, chris, right now outside of the federal courthouse here in new york city there is a very large media presence as you can see behind me. media waiting for the arrival of luigi mangione. we do understand he has arrived at the helipad not far from here. he's going to be driven in a convoy to the courthouse where he will appear before a federal judge. we understand bthat it will be federal hearing today. he now faces four federal charges. that complaint unsealed just a short while ago. federal counts including two counts of stalking, murder through use of a firearm, as well as firearms offense. this, in addition to the 11 state charges that he faces including murder in the first degree with furtherance of terrorism. unclear when he will be arraigned on those charges.
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last night we heard from his lawyer in the form of a statement responding to reports of these additional federal charges. in that statement saying, quote, enthe federal government's reported decision to pile on top of an already overcharged first degree murder and state terror grcase is highly unusual and raises questions, constitutional and statutory double jeopardy concerns. we are ready to fight these charges and whatever court they are brought. again, luigi mangione has arrived here in new york city and very shortly he's expected to appear before a federal judge in the courthouse behind me. chris? >> erin, keep us posted. a lot of attention around that courthouse right now. i want to go to lisa rubin now as well, who is downtown. highly unusual and double jeopardy, two key lines from the attorney for luigi mangione. what can you tell us about that and why would this potentially be a case of double jeopardy?
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>> well, chris, from the outset i can understand why karen n friedman agnifilo would say ts is potentially a case of double jeopardy, just by comparing the two instruments here. so, for example, one of the four federal charges here accuses luigi mangione of possessing a firearm with a silencer and a muffler. if you go then to look at the criminal indictment in manhattan criminal court, there is a charge that almost identical, a charge that accuses him of hapossessing a silencer in violation of new york state law. so there is definitely some overlap between the charges here. where the elements of the crime don't appear to be so dissimilar that he could be charged with the same things. on the other hand, there are some differences here and some of the charges. obviously the most -- the highest charge in the state indictment is this murder in the first degree charge, which is as you know, one that you can bring if the alleged crime is in furtherance of terrorism. we have discussed on our air how
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the terrorism charge is going to be a real challenge for the manhattan district attorney's office because there is a difference in court between intent and impact. certainly the impact of the crime, particularly during the e,periods of time where luigi mangione could not be found, his name was not known, his identity was not anything that anyone could have guessed at the time, that had edthe effect of terrorizing people in manhattan who may have viewed it as an isolated random crime where the shooter is on the loose, right? but that doesn't mean that prosecutors can necessarily prove that luigi mangione had an intent to intimidate a broader civilian population and there have been cases in new york state court that have made it very clear that terrorism charge is one to be used narrowly. for example, it could not be used in a case involving street gangs because the legislative history said it was really about terrorism as we understand isterrorism conventionally. things like 9/11, for example,
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as opposed to what luigi mangione is alleged to have done here. as to your question about how unusual it is to see two different jurisdictions almost simultaneously charging the same defendant, i think it speaks to the unusual nature of the crime here and how much both prosecutorial offices here that have jurisdiction, manhattan district attorney's office on one tthand, the department of justice through the u.s. ju attorney's office with the southern district of new york on the other. both of them very much want to y be involved here. is it unusual for both of them to sort of want to investigate the same crime? no. not at all. we often see situations where behind the scenes --more often
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federal government that is allowed to go forward and the state government stands back. oftentimes because federal crimes carry more aggravated charges, they're perceived as being more serious. here i think what is unusual as you noted is that both offices are going at it almost simultaneously, and i want to point something out, chris, to you and our viewers, when you look at that criminal complaint that was unsealed in federal court today, that was not signed today, it was signed yesterday. so you have a situation in which we found out about the criminal indictment from the hat district attorney's office two days ago and yesterday under seal, the southern district of new york, they filed their criminal complaint today. >> it is really something to see him in the department of corrections jumpsuit. you see the large doc on the back of what he's wearing here. this is a 26-year-old who grew up as a member of an affluent
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family, prominent family in maryland. he went to the university of pennsylvania. tan ivy league school. he didn't just get a bachelor's degree. he hegot a masters degree, a mir in mathematics. this is a guy -- mayor adams is at the helipad. let's listen. >> next stop he's going to be taken to the federal building at 209 broadway for processing by the fbi and the nypd. >> thank you, guys. thank you. >> thank you, sir. >> did anybody in the control room hear what mayor adams had to say. he made brief remarks and some people would wonder why mayor adam was there, except that this has tbeen an extraordinarily hh profile case in new york city. it happened at one of the busiest parts manhattan, particularly at christmas time where in some cases in the area where he was, 54th street, 6th avenue, near the hilton hotel, where the shooting occurred, it is extraordinarily difficult sometimes just to walk down the
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street at wachristmas time. it is just a few blocks away from radio city music hall. it is just a few blocks away from where i'm sitting where the rockefeller center christmas tree is. so, for this city at this time, besides the fact you have a high profile businessman gunned down in broad daylight, on a manhattan street, it also happened at a time when tourism is at its peak. danny cevallos, you wanted to get in on this. >> building on what lisa was talking about, she's absolutely right. the terrorism enhancement and i wonder if the manhattan d.a.'s office was feeling a little, i guess, uncomfortable they only charged mangione with second degree murder and arpeople were thinking why not first? new york has a somewhat unusual first degree murder statute, only certain factual situations apply. the only one that could apply to this is terror.to lisa is absolutely right. that not every act that causes
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fear is terrorism within the meaning of the statute. the courts have said that. every firearms offense, every shooting causes terror to the general population, especially if they're nearby. we have video of the shooting and there is a bystander there who rushes away. every shooting causes fear. not every shooting is an act of terror. now, on to the double jeopardy issue. it is a very interesting analysis because what we have here are not two state prosecutions, but two separate sovereigns or kingdoms as they're called. you have a state prosecution and a federal prosecution. and courts consider them different kingdoms, different sovereignties. so, yes, the court may look at the issue of whether the crimes are identical, they rarely are, because federal crimes almost by definition ahave different elements because of the nature ofau their jurisdiction. it is a limited jurisdiction. but, beyond that, even if they are nearly identical crimes, albecause these are separate kingdoms, they likely can still proceed with the prosecution, unless and it is a very narrow
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exception, a court finds that the second federal prosecution is just a sham, a cover for the first state prosecution. that's not likely to happen. so the claims of double jeopardy, i think are a long shot. although, i do think the claim that they may have overcharged him on the state crime with the terror enhancement, they might have some daylight there. but all that means is that the most likely charge that would stick is second degree murder, which is new york's general murder statute. >> lisa rubin, do i still have you? there you are. >> i'm right here. one thing i wanted to point out to you is in the very limited amount that i could hear mayor eric adams, he mentioned that mangione way was being taken to 290 broadway. that's where the fbi has one of the offices here. we should assume he's being taken to 290 broadway for processing and fingerprinting before then he can be brought to 500 pearl street, the building behind me, where he would make
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his initial appearance in federal court today. >> that was going to be my inquestion because there was another brief statement saying he was being taken for processing with the fbi. what is involved with that, lisa? >> well, i mean, certainly there is the fingerprinting i just mentioned, there will certainly be an opportunity for him to read the charges, i assume, and see his lawyers there. processing can take up to two or three hours. sometimes i can recall being here and other cases where we're waiting for a defendant to be processed. we say what is taking so long. but there is a routine set of processes outhat someone is brought through before they can then robe presented in a federa courthouse where the charges are read against them out loud, they can enter a plea. other appearances can be ap scheduled.he and we may learn when luigi mangione will be expected to make his first appearance in a
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state courthouse by virtue of seeing him outoday in a federal courthouse for the first time. either because his lawyers say so, in open court, or because we have an opportunity to talk to them on their way out of the building later today. >> and the first appearance is expected to be at 2:00 before a magistrate. however, again, as lisa points out, we'll see how long it takes for that processing, fingerprinting, et cetera.er lisa rubin, danny cevallos, thank you, both. we're going to stay on top of this as it develops across the afternoon. coming up in 90 seconds, another huge developing story. new congressional chaos and just in time for christmas. republicans now with just 35 hours left to replace a government funding bill after the first dione imploded under pressure e from donald trump an elon musk. is it just a taste of what's to come when trump returns to office? f what's to come when trump returns to office
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with an expert physician to determine if bulkamid is right for you. results and experiences may vary. right now, the government is on the brink of a shutdown. president-elect donald trump seemingly egged on by elon musk blew up weeks of bipartisan negotiations on a stopgap spending bill, threatening any republican who doesn't go along. multiple claims amplified by musk on social media and vivek ramaswamy in a video that are flat out wrong, including that this bill would fund a stadium in d.c. and a bioweapons lab. it does not. but by tanking the bill, they left millions of federal workers now bracing for the possibility that the government could begin shutting down at midnight tomorrow, just days before christmas. even before trump and musk got
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involved though, the bill faced backlash after growing beyond a simple spending measure to what unhappy republicans called a monstrosity. a bill packed with scores of unrelated provisions like a pay raise for legislators, even money to rebuild baltimore's francis scott key bridge. >> look, the american people didn't -- don't send their representatives to washington to vote on a 1500 page bill in less than 24 hours that spends $110 billion. >> the fact is, look, this is a [ bleep ] sandwich. i know how else to say that. we're being forced into this position. >> when sunlight is put on the bills, when now elon and vivek talk about it, members of congress, you guys, we look at the bills, the american public doesn't like what they see. >> it makes no sense. we won the election. this has got z got to change. >> now a new complication. trump said he wants it
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eliminated entirely. the question at this hour, does speaker johnson have a plan b to appease trump, bring his cranky caucus together and avert a government shutdown without risking his own grip on the speaker's gavel? i want to bring in julie tsirkin on capitol hill. garrett haake spoke to the president-elect this morning. and matthew dowd is former chief strategist to the bush cheney campaign in 2004, currently a senior msnbc political analyst. welcome, all, to the chaos. julie, what is happening on the hill right now? >> reporter: we haven't been able to ask speaker johnson. we were staking him out as members of the leadership team have been funneling in and out. we saw appropriators in there, we saw some conservatives on the house freedom caucus including the gentleman andy harris you saw on your screen. everybody who is coming out keeps saying the same thing. they're in a holding pattern. they're moving along. there is forward progress.
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but nobody can spell out what that is. if you ask if he has a plan b, the plan b that sources told myself and ali vitali about last night, which is essentially a government funding bill to march 14th, with that disaster aid, with the farm bill extension attached in is a nonstarter for president-elect trump who as you'll talk with garrett about told him he needs a debt limit suspension getting rid of it entirely which complicates things so much. democrats now essentially said this is republicans' problems. we're not getting in the middle of it. here is hakeem jeffries earlier. >> that bipartisan agreement has now been detonated because house republicans have been ordered to shut down the government and hurt the very working class americans that many of them pretend to want to help. >> look, there are mixed
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opinions here. you have republican senators, ones i just talked to, who don't want to shut the government down. they think it is stupid and neither do leadership in the house or the senate. but you have members, a growing faction of which of house republicans who don't care about shutting the government down. so, it is really hard for johnson to work with the margins he has, get this bill over the finish line in the 35 hours that he has before the funding deadline tomorrow night. >> all right, you spoke to donald trump on the phone. what did he tell you? how does he think this fight gets resolved? >> well, the sense i got from the president-elect, he sees all the political risk here falling on others. he told me if there is geeing to be a shutdown, it would happen on president biden's watch, not his. and he was really focused on this question of the debt ceiling. more than any other issue, of course, as julie pointed out, the debt ceiling wasn't a major part of this conversation as recently as 36 hours ago. donald trump sees that looming deadline sometime in the middle of next year as a potential speed bump or choke point where democrats could make his life
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and his agenda harder. he wants it removed at least from his immediate way now or better yet, removed entirely. he's long felt that the debt ceiling, a, doesn't work, and, b, only as a psychological impact. not something that constrains debt. he floated the idea of getting rid of it entirely. that's an idea that democrats had supported in the past and republicans had used the debt ceiling against them and right now it left a lot of republicans tieing themselves in knots to not exactly oppose the president-elect, even if they're not particularly supportive. listen to how john thune the incoming senate majority leader responded when he was asked about this. >> the debt limit for all intents and purposes i think has limited meaning in the modern world. but it is still -- it is something that, you know, markets obviously pay attention to. and it is something that we take seriously in terms of how we're going to address it. i'm not sure exactly what that
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looks like. >> and i don't think there are any republicans on capitol hill who know what that is going to look like as john thune said. the president-elect has done some other interviews since our conversation this morning and he's continued to remain clear he wants to seeing some done about the debt ceiling right now. even threatening republicans if they vote for a bill that doesn't deal with it in some way. so, stay tuned. >> the threats, matthew dowd, the belief that donald trump holds because he said so to garrett that the political risk is on others, what does that mean? >> well, i find this fascinating, a couple of points here. first, today is -- in 1843, charles dickens published "a christmas carol" for the first time. today is that day, an anniversary of that day. this seems like the exact opposite of the message of that novel that he wrote, bankly saying taking a rich person and saying this is what life looks like when you don't care about other people, and then obviously
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redeeming that person into sort of saying, yeah, mankind is my business in the course of this. this is the exact opposite of that message. you have a billionaire and a multimillionaire in elon musk and vivek ramaswamy who were not even elected. this is what i don't seem to understand. they weren't even elected. they t even require senate approval in what they're doing, but seem to have control over elements of the government in this. the idea that they're telling basically republicans who seem to be skittish about it that the best interest of the american -- of americans is to shut the government down, which is, you know, quite ironic that a billionaire is trying to tell some working class person is this is what's in your best interest is to lose your job over the christmas holidays or to lose your access to benefits over the christmas holidays in the course of this, it is quite amazing as i say in the course of this that we have unelected billionaires and unelected multimillionaires who require no senate approval, dictating what
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is happening in our government. >> but do they have any power, matthew, but for the fact that donald trump is clearly listening to them. that donald trump stopped listening to them or in some way indicated that he was over, let's say, elon musk, which some people have suggested, well, ultimately he tires of people. there is no independent power, is there, or am i wrong about that? >> well, i mean, independent structural power, but i think there is independent power in that this is a -- the richest man in the world who said basically if you don't do what i want, i'm going to find primary opponents against you. yes, it is enhanced by donald trump in his unwillingness to seem to want to weigh into policy detail which he's never wanted to weigh. but elon musk seems to have, we have seen it as the responsive republicans to his wrongful statements in the course of this, not even fact-based, to back off and say we don't know what they're going to do.
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yes, donald trump enables it. but elon musk has already made threats that many of the republicans who hold office are skittish off. >> i want to play part of what senator john kennedy said this morning. this is his take on a way forward. >> if i were king for a day, i'm not, and i don't aspire to be, here's what i would do. i would tell everybody to take their meds. number two, i think president trump is going to have to consider coming to washington. let's face it, he's the president now. it is not president biden. president trump needs to sit down with mike johnson and john thune and come up with a new skinny cr. if the president wants to do something on the debt limit, we need to find out what it is and put it in the bill. and then the president is going to have to help mike sell it in the house. >> is there any indication, garrett, that donald trump wants to get into that level of
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involvement? >> i haven't heard anything to suggest they're gassing up the jet down in south florida, but i do think we are seeing already him trying to exert some pressure on house republicans and he's probably going to have to exert more to get what he really wants here. there are plenty of house republicans who have never voted for a debt limit suspension or increase much less getting rid of it entirely. there is just not a lot of ways to make the math work here. if he wants republicans alone to solve this, as leader jeffries has suggested will be the case, it is going to require a lot of elbow grease from donald trump. if he's willing to let democrats be part of the solution, that's a different calculus but even that's probably going to require some salesmanship on his end. i don't think his truth social posts and phone interviews today will be the last we have heard from him, if he's going to get some significant percentage of what he's demanded over the last day and a half. >> garrett haake, great interview with the president-elect. julie tsirkin, matthew dowd, stay with me. i want to bring in democratic
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congresswoman from florida debbie wasserman schultz. good to see you. i don't know if it is useful to lay blame, but useful to figure out where we are, how we got here and how we move forward. let me ask you, there was a deal, that deal seems to be dead. is it a donald trump problem? is it elon musk problem? or is it a bipartisan problem because as one of your republican colleagues said, the american people didn't send representatives to congress to do a 1500 page bill in less than 24 hours and spend $110 billion? >> chris, thank you for having me. and let's gist just be very cle. this bipartisan agreement was negotiated over many weeks. it had agreement from democrats and republicans in the senate, the democrats and republicans in the house, there was a handshake, it was filed as legislation and the summary and
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the 1500 pages were published and the republicans have a 72-hour rule which we were proceeding through, apparently in order for them to -- for all of us to be able to read the bill. and that bill was designed to take care of the millions of people who were impacted by hurricanes milton and helene. my state stands to lose $10.8 billion after the devastation of those hurricanes, that would have provided that relief in this package. and what mike johnson needs to do is go see the wizard and find some courage to stand up to an unelected billionaire, who stands to make even more money, when the tax cuts that they are planning next year come through and that's why they want to increase the debt ceiling. so they can leave themselves more room to take care of billionaires. we need to stay here, pass the
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bipartisan agreement and make sure our farmers, our seniors, our small businesses, and the folks who have their lives devastated by these hurricanes are made whole again. s. >> so what is your level of confidence right now that lawmakers can avoid a government shutdown? >> that is what donald trump and president musk have called for. they essentially said, you know, you should reject this deal, and shut the government down. government shuts down tomorrow night. we have the ability to avoid that by making sure that the agreement that we came to is passed. and signed by president biden, who is the sitting president now. and president musk needs to take a step back because we're not going to elect an un -- we're not going to listen to an unelected billionaire who is threatening his republican colleagues in the house who are cowering in the corner because they are afraid of a primary.
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they need to stiffen their spines and come to the table, get this agreement passed so we can take care of seniors, small businesses, farmers and the people who were devastated by hurricanes. that's what needs to happen. >> so what is your party's role right now? what can you all do, understanding what the stakes are? >> our role was to make sure that we would come to the table, and work with republicans across the aisle, which we did. and came together to pass a bipartisan agreement that ensured that we would have housing relief, that we would take care of our small businesses, that we would fund the -- extend the farm bill legislation for a year so we can continue to negotiate on that broader assistance that farmers need. but particularly that we need to make sure we pass the disaster supplemental because there are millions of people across this country who are devastated by hurricanes and wildfires and floods.
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and what the republicans are doing here, because they're cowering in the corner because they're afraid of president musk and donald trump is they are jeopardizing millions of lives, thousands and thousands of small businesses, they're jeopardizing seniors, they're risking not having our military get their paychecks. tsa agents having to work potentially without pay while taking care of the security of our nation. they are the chaos caucus and this is just a preview of what is ahead of us for the next four years. >> congresswoman debbie wasserman schultz on quite a day on the hill. thank you so much. >> to say the least. thanks. >> dare i say happy holidays? thank you so much. >> happy holidays to you. up next, the georgia election case against donald trump thrown into disarray after the d.a. fani willis is disqualified. details of that surprising and consequential decision and her push to appeal it. consequential decision and her push to appeal it. get four iphone 16 pro on us,
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breaking news, fulton county district attorney fani willis is appealing a court's decision today to disqualify her from the georgia election interference case against donald trump. the ruling was tied to revelations about willis' romantic relationship with a special prosecutor. joining me now, criminal defense attorney and former federal prosecutor, amy lee copeland, matthew dowd is back with me. i know you practiced appellate law. what do you think the chances are that willis could win this appeal? >> good afternoon, chris. i think the first issue is whether the georgia supreme court takes up the case or not. d.a. willis said they are going to take it up in the supreme court, the supreme court can hear it if they determine that this is a case of public importance. if the georgia supreme court applies existing law that an appearance of impropriety, something that smells bad, but isn't an actual conflict of interest, does not lead to
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disqualification, then she should win. but that's not what the court of appeals said. they kind of went off road and said that appearance of impropriety was enough. so, again, the first juncture is will the georgia supreme court hear the case and will it apply its long-standing precedent. >> everything is on hold. in the meantime, how long could this take? >> it is what lawyers like to call a rocket docket that once the cert petition goes going, it goes pretty fast. she has 20 days to file her petition. the trump -- >> i have to interrupt you. d.a. alvin bragg is talking about the ceo killing suspect luigi mangione. let's listen. >> -- charged here in manhattan, earlier this week with murders of first degree with additional charges which carry the maximum sentence of life without parole. this morning, the defendant waived extradition in pennsylvania, and was picked up
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and is in the process of being transported by the nypd here to new york. i'll let the southern district of new york speak for itself about their plans. but i do want to note that speaking generally we have had state prosecutions and federal prosecutions proceed as parallel matters and we're in conversations with our law enforcement counterparts. >> the investigation is ongoing. i'm not going to talk about the contours of what we may or may not be looking at. >> was this never mentioned --
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>> that is correct. that's our allegation. let me say a couple of things about that. first, and this is a footnote and the statement of facts, i want to read footnote one, which talks about the definition of a benefit, even if it were bona fide loan, that would still be captured by bribery statute. you cannot monetize your office for a gift or a loan or any other kind of benefit. that's one. two, as you note, that is our allegation and that footnote says, you know, based on our review of bank records, we talk about the flow of money here, there is no flow of money of $100,000 back in, repaying that loan. >> he's now addressing d.a. alvin bragg another case which involves an aide to mayor -- to the mayor of new york city and so we'll continue to listen in to that. but i want to bring back in nbc legal analyst danny cevallos. let's talk about the case that they're trying to build because we are getting some clues, aren't we, at least this is from the federal indictment, there is
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some new information or some of the federal filings. >> yes, exactly. we're getting information little by little and as expected, the reported information this case only existed, this crime happened a matter of weeks ago and there has been so much evidence already revealed to the public in reporting. images, other reports, and now that we're going to actually have charging instruments, we're going to start seeing a smattering of more information and as both cases develop, i think we're finally going to see just how much evidence has been collected. evidence that a lot of it until they had an actual suspect couldn't be actually matched up because presumably this is a suspect who wasn't in all the ordinary databases that somebody with a criminal history would be in, whether that be aphis, codeis, dna, fingerprints, all the things that authorities need to match up to an actual suspect. my suspicion is we're going to get an avalanche of evidence in the coming weeks and months, simply because we had so much
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that was available to us in the first couple of weeks. this case may be remembered as the one in which we went to a new level of technology in prosecution that this case may establish that no person can simply commit a crime without being captured on dozens of cameras or in dozens of other electronic ways. that may be what the case is remembered for. we're a couple of weeks in and we have so much evidence that we the people has seen and that's a situation where they have been handing out evidence and information for us to digest. >> on the part of the public on the outside looking in, the assumption may be all that evidence makes this case easier to prosecute. but does it? >> it does. prosecutors have a mindset they have to get beyond a reasonable doubt. criminal defense attorneys like me often say, well, being glib, federal prosecutors engage in overkill, they pile on the evidence. that's easy for me to say. they have to prove their case beyond a reasonable doubt.
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if you're a federal prosecutor, your office usually has a 90 plus conviction rate. you don't want to be the one to lose a case. any loss is high profile for a federal prosecutor. so, they are going to build all of this evidence and they are going to engage in overkill because they don't want to lose this case. neither state prosecutors, nor federal prosecutors. state prosecutors have created a bit of a challenge for themselves in charging mangione with first degree murder. they have to prove that terrorism enhancement and that is not an easy thing to do. there are several different arguments that the defense can come up with. the government has to show that he did this intending to intimidate or coerce a civilian population and the new york courts have said not just any generalized fear from violent crime will do. this is a statute enacted in the wake of the worst terror attacks in our nation's history, the september 11th attacks of 2001. the idea in legislative history shows that they were thinking about true terrorism, acts of
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terrorism, the likes of which we saw on september 11th. >> danny cevallos, thank you. coming up next, the drone mystery deepens after the faa suddenly issues a ban on flying over parts of new jersey. what does that mean after so many federal officials said that those objects in the sky were nothing to worry about? e object nothing to worry about fresh appr oach to dog food. everyday, more dog people are deciding it's time to quit the kibble and feed their dogs fresh food from the farmer's dog. made by vets and delivered right to your door precisely portioned for your dog's needs. it's an idea whose time has come. ♪♪ you've got a pepto predicament, ace. you overdid it on the loaded fries. undo it with pepto fast melts. ♪ when you have nausea, heartburn, indigestion, ♪ ♪ upset stomach, diarrhea. ♪ when you overdo it... ...undo it with pepto bismol. type 2 diabetes? discover the ozempic® tri-zone. when you overdo it...
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development in the drone saga that has gripped the northeast. the faa ordered a temporary ban on flying drones over multiple cities in new jersey for the next month. citing, quote, special security reasons. it comes after residents reported a slew of mysterious drone sightings. that led local officials in ocean county, new jersey, to set up a mobile drone command center to keep a closer eye on what's going on in the skies. on i want to bring in sheriff michael mastro mastronardy. you know the messages that came out from the white house, the fbi, state officials, local officials, that there was nothing nefarious going on with the drones. so what do you think the average person is to make of the fact that they're now banning drones over some cities? >> thank you. it adds to a lot of confusion and it is supposed to be less
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stress, but it is going to be more stressful. imagine how many people get drones over the holiday and won't be able to use them in some areas depending on the manufacturer and then they'll be in violation, i guess. this is adding -- i'm sure. ocean county is not included in that ban. it goes to january 17th. but, you know, if it's either suspicious, not suspicious, and if it is not suspicious, why is the ban in place? and, listen, the faa allowed them to do stuff back in '23 to allow drones to fly at might. maybe that's something we reconsider in the future. >> i want to talk to you more about what you think long-term might be done. i wonder in this immediate moment what you've seen since setting up the command center. and other things you can't explain. >> well, the sergeant in charge of our drone unit has been active on this process and we did it very quietly for a couple
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of days and then it got out there. but we were monitoring -- we want to decipher the facts. the facts are we were getting reports. there are many of them like the fbi said, 5,000 complaints, only 100 need further investigation. we likewise experienced a lot of that where people were calling in and it was merely a plane or planet or whatever. our role is to document and that's what we did. we set up and we just tried to document. i know my drone team put together and said that they caught on video some information. we had some witnesses that gave very detail ed information that was -- certainly got our concerns. that's why we're just trying to get the facts. we know what our lane is, our lane is to certainly protect our public, we're trying to do that. however, we're getting mixed messages i think from the federal authorities. we just wish they would speak with one voice, make it clear, honest and transparent, that's all. >> one thing we heard from the faa is they warned people not to
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try to shoot down these drones or whatever it is they see in the sky or point lasers at them for that matter. what is your biggest concern given the concerns that a lot of folks have, i know that phones have been ringing off the hook, probably in your office as well the northeast. >> correct. and with he did have last weekend three incidents in ocean county reported, documenting that lasers were being shot toward planes. i know two personally we dispatched officers to. so, this is a concern. and a lot of these things we see, we are in a flight path, but guess what, we're still in a flight path and not getting any calls now. so, will this change from a week or the 13th or 17th when we had all these -- the number of calls that we got? we're not getting them now. we still have the same flight paths in place. something happened. i'm not sure what it is.
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and i don't think we're getting all the information, but, listen, all we need to know is the legitimate information, are the residents safe and we want to assure them that they are. >> sheriff michael mastronardy, thank you for taking time away from your busy day to speak with us. appreciate it. >> thank you. and we have that breaking news, the man accused of killing the unitedhealthcare ceo due in federal court to face brand-new charges after being flown in from pennsylvania. we'll go live to the courthouse for an update. stay close. more "chris jansing reports" right after this. stay close more "chris jansing reports" right after this i leaked too. i just assumed it was normal. then we learned about bulkamid. an fda approved non-drug solution for our condition. it really works, and it lasts for years. it's been the best thing we've done for our families. call 800-983-0000 to arrange an appointment with an expert physician to determine if bulkamid is right for you. results and experiences may vary.
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