>> that does it for me. the reid out with joy read is up next. >> tonight on the reid out -- i've been talking to friends, family. they've lost everything. homes, businesses. the whole city has just earned to the ground and there is nothing we can do.

nothing. there's nothing we can do. >> utter devastation in southern california. hundreds of homes destroyed by wildfires and the worst is most likely yet to come. also tonight, attorney general merrick garland is ready to release jack smith's report on his investigation of from's election interference. but for now, trump's favorite judge is standing in the way. and then a last ditch effort to avoid becoming the first convicted felon in the white house. trump is running to his safe space -- the united states supreme court. but we begin tonight with heartbreaking, apocalypse vaccines from los angeles where firefighters are battling five different infernos, burning out of control throughout the city. fueled by whipping santa ana winds with gusts up to 100 miles per hour. in the last hour the los

angeles county sheriff confirmed that five people are dead point here you see the pacific palisades, a neighborhood tucked between the santa monica mountains and the pacific ocean. the palisades fire has tripled in size since this morning at already destroyed at least 1000 structures, making it the most distraught of fire to ever occur in los angeles county, according to statistics from the wildfire alliance, which is run in part by the city's fire department. there are multiple fires, one known as the eaton fire has destroyed more than 10,000 acres and many structures in altadena and pasadena. this is the fire that killed five people. the hearst fire has burned 505 acres point the woodley fire ignited early this morning in the san fernando valley. there's also the lydia fire, all of these fires are 0% contained. devastating wildfires like these are becoming increasingly

common with climate change intensifying the conditions that fuel them. for axios ucla climate scientist daniel swain referred to the high winds as an atmospheric blow dryer for its effects on trees and other vegetation. joining me now is jacob soboroff, nbc news political and national correspondent, who's on the ground in pacific palisades per go and please just give us a sense of what is happening, and is there anything left at this point of pacific palisades, jacob? >> joy, i'm sorry to be so emotional about it but the truth is, this is the community that i grew up in, and that i was born and raised in, and the answer is no, not really. this is a really, really amazing, special place. 100,000, excuse me, 23,000 people live here and i am, until i was 18 years old, grew

up in this neighborhood. this is the methodist church in town and it just seems like building after building continues to go up, joy. what i want to say about it is, is this set of circumstances that are so unprecedented that i don't think any of us would've ever possibly imagined this would happen here. i have said a couple times today that when you think of damage like this, and you close your eyes and envision what might cause this, it's the big one, the earthquake that we've all been warned [ inaudible ] and really it was just this firestorm, these hurricane force winds, this tinderbox ready to go with the dry vegetation. and for so many people here, and so many people who rely on

the way of life here -- your hearing another one of these emergency alerts now, sorry, joy, about evacuations. this place is never going to be the same, or if it is, it is going to be not months but years until they put this place back together. so there is a lot of grieving to do, a lot of rebuilding to do, but also, really, some real action, some real work, and some real policy that needs to happen as well, including but not limited to, how are they going to pay for all of this, and what's the federal government's role going to be in helping pick up the pieces here? and what is really essentially wiping off one of the main communities in los angeles off the map entirety in the city of los angeles. >> we are having some issues with your feet so i'm going to keep trying to talk to you and hopefully you'll keep coming through for us. is there any sense of what initially sparked the fire? is there any sense, or are we too early to even get there? >> what it sounds like is that up in the palisades highlands, joy, which is in the santa monica mountains, pacific

palisades sits between the santa monica mountains in the pacific ocean, that whatever it was, combined with the wind, quickly ignited a blaze that went from double-digit acreage to over 100 acres, to quickly over thousands of acres. and because of all this wind, these embers, usually we are associating fires with going uphill in a situation like this. they have gone all the way from up in the santa monica mountains and actually -- i don't know if i can show you if we swing the camera around real quick, but this is for the first time in quite some time -- the ridgeline there and some of the homes that are above pacific palisades, the fire came down from those mountains, all the way to the pacific ocean. and i think, what i've been told by people who are experts in this field is that you can always triangulate the start of a fire based on how it burned and when it burned. that process will certainly happen. but what we know for now, what we can say is that is fire that's burning here tonight is

part of a blaze that ignited up in the santa monica mountains and was fueled by these hurricane force winds, the likes of which i don't remember ever seeing here in los angeles. >> and we've heard about the wins, as you said, the hurricane force winds. we also obviously see that you're wearing a mask and eye protection. what is the state of the air quality at this point and how unsafe is it for folks that are still there, including the first responders that are trying to do the work of containing these fires? >> it's horrendous. i'm just listening to whatever that noise just was. it's horrendous. think about not only the smoke from the foliage that's burning, that started these fires, but everything in every one of these buildings. multiply what you are seeing here. most of these buildings, i remember what they were. maybe i can just walk up to this and see. i don't know if it will say. this is just the address but

these were all places of business. earlier, a veterinary office that my parents used to take their dogs to was right down the street. my pediatrician's office was on the corner. all these places are going up in smoke and imagine what's inside of all of these facilities. both supermarkets in town or down. the bank is per down, the library is per down. the city park burnt down. many of the schools burnt down. the houses of worship are burning. everything inside these places is actually in the air right now, not to mention the homes, the powerlines, the vehicles that have been abandoned, left on the street. it is a herculean task to recover from something like this and we are still in the middle of it, actually. >> in bc's jacob soboroff, i am sorry that we have had to watch you have to grieve for your hometown live on air. you've been doing it all day and doing an incredible job. we so appreciate you. we are so sorry for what's happened and thank you, thank you for sharing that with us, jacob.

be safe. okay. joining me now is senator adam schiff of california. i don't even know what else to say other than i'm so sorry. california is such a wonderful, wonderful place. my sister lives in los angeles. my friend lives in california. i just love this state. talk a little bit about what your constituents are dealing with. >> i hope your family is okay. it's just awful, the devastation and the loss of life, and the loss of property. i have been on the phone today with people who lost their homes. one of my staff lost her home. and we don't see the end in sight. i was there yesterday in california and could feel those extraordinary winds that are just whipping up this fire. even then, i hoped that the situation would be better today, and it's so much worse. heading back in the morning, we are getting a lot of help and i

thank president biden for jumping on this so quickly. this must be one of the fastest disaster declarations that i can remember, but it's appropriate. this is, i think the worst fire disaster that i can recall in the southern half of our state. but we are getting help from other states. we are getting help from other parts of california, and still, firefighters are really stretched thin. they are exhausted. got off the phone just an hour ago with the l.a. county fire chief and thanked him for what his department is doing. i think i speak for all of us when i express the gratitude for those folks who are putting themselves in harms way but it's just brutal to realize how many people are displaced. the mayor of pasadena was telling me that they have 100,000 people evacuated, just from one of the fires. they have another 70 or 80 thousand who are on notice that they may need to evacuate. so you also have huge parts of l.a.

being displaced but i just don't remember anything like it. >> seeing an entire city wiped off the map, and this is tragic to watch that happen. jacobs town is gone. the rebuilding effort he mentioned is going to have to be a federal response. this is the wiping of entire communities off the map. at the moment the response is in the hands of joe biden, who happened, coincidentally, to be in california. he is becoming a great- grandfather. he was there also to designate some indigenous land back to giving it to its rightful owners and doing things that are positive. in about 13 days the federal sponsor will pass to the hands of somebody very different, somebody who is banging on about why weren't leaves being and about water not dripping right out of the faucet. and already blamed democrats, blamed president biden. i'm sure he's blaming you since he's got a special thing for you, rather than being an adult. he will be in charge of the

federal response. what kind of help can california expect to get from someone like him? >> well it's a good question. these fires obviously are impacting everyone, whether you are a democrat or a republican, independent, doesn't matter. all of us are in this together and one of the things that has been just so apparent and talking to people who have lost their homes is, not only did they lose their home, they lost their whole neighborhood. all of their neighbors homes were wiped out. we've seen other fires in l.a. where it was very horribly idiosyncratic. one house would be burned. all the others around it would be fine. this fire is different. they are all just getting wiped out with this fire is blazing and the president has swiftly acted on this, that we have resources people can find out about on the fema website, about how to get reimbursed and get immediate help with lodging and other necessities but i

shudder to think what will happen if we don't have a president that views us all as americans, not some to be punished and others to be rewarded in natural disasters. we just never had a president like that. we had it once. we are having it again. but i would hope that the incoming president realizes that this affects his supporters as well as anyone else. we are all equally devastated by this and the federal government is going to need help . and i'll add one other part of the devastation, which we don't know yet, but in talking to the mayor of pasadena, he was saying that some of the residence, maybe a lot of residence in the eaton fire area were having trouble ensuring their homes. some couldn't get their homes insured. others, the insurance premiums went up so high they decided not to continue to carry the insurance because they couldn't afford it. so they may be left with

nothing and so there are going to be a lot of people who are going to need help. they are going to need help from a democratic president, a republican president. i know senator patty and i are determined to do everything we can to make sure they get the resources they need. governor newsom the same. we are committed to all of our constituents regardless of party. >> we hope -- we can only hope that your colleagues in the senate majority feel the same way. we've seen a natural disaster in the past, they don't always do it but we're going to hope, we'll hope better of them and think better of them until we get other information. otherwise, senator schiff is staying with me because after the break we are talking about attorney general merrick garland's plan to release part of special counsel jack smith report on the cases against donald trump, the upcoming senate confirmation battles, which should be interesting, and much more. and much more. targeted and long-lasting. i recommend salonpas. it's good medicine. ♪ hisamitsu ♪

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not only finished the final report on his two criminal investigations into donald trump, but is already submitted them to attorney general merrick garland. in a court filing the doj said garland will publicly release at least part of that report related to trump's efforts to overturn the 2020 election but will withhold the portion that's related to the classified documents investigations, at least for now, while the case against trump's two codefendants remains pending. but that is only if a federal appeals court vacates an injunction put in place by none other than trump appointed judge aileen cannon, which temporarily blocks the release of any part of the report. back with me as senator adam schiff of california. he's a member of the senate judiciary committee and a former member of the house jen reese asked select committee. jack smith, for now that

casey's on hold. what do you make of aileen cannon's role in this? isn't she no longer relevant to the case? she threw it out. >> she shouldn't be relevant to the case at all but of course it's fruit of the trump lawyers to go to her as she has been unfailingly willing to carry donald trump's legal water in her own courtroom, making judgments that are unsupported by any resident and nevertheless that object may be to see if she can delay any resolution of this until trump is in office, his criminal lawyers are running the justice department, and they can make the report and all the rest of this go away. so her role has been clear from the start. whether this is auditioning for the court of appeals or what it is on her part, but nevertheless completely out of the mainstream judgments. and here is another one. but most particularly as it pertains to jen reese asked, she has no interest or defendants in her courtroom have no interest in that. there is no basis for her to withhold, order to withhold that report. so this should be an easy one at the court of appeals and beyond. and what is so galling here is

the president successfully escaped any kind of justice from the justice department, four years after the fact. so in four years, the department could not bring him to trial. now not all on the department. a big piece of it on the department for waiting so long. a big piece of it on the supreme court for this horrendous immunity judgment. but here, the only kind of accountability left in the justice department can provide is the public disclosure of his misdeeds, and they need to pursue this. >> i appreciate the elegance of your saving the justice department, not merrick garland, because merrick garland had a lot of decision- making power and it seemed that when the jen reese extremity delivered on the silver platter what should've been an indictment, he went around it with jack smith. that proved to be the opening that aileen cannon needed.

so to that there are other openings, at least the radically. joyce vance, our wonderful friend and frequent guest on this and other shows, she said the following -- trump's doj when he's in charge of the doj can either move the cases for while sonata and donald trump's former aide in mar-a-lago to trial, which would be an interesting spectacle, or trump can pardon the doj can dismiss the case and if any of that happens, then congressional democrats would already have the report on the classified documents already released and new leaders of the doj would have to decide how much they were going to let trump dictate their work. do you see a scenario where democrats simply release the report yourself? >> well i think that under the president it would only be shared with the chair and ranking member of the judiciary committee, and by shared, i don't know that whether that's read and retain or what process

that is, but i think the most likely scenario in terms of this new trump justice department is they're going to want to make that case go away, not only to award people that might have been part of the plot to obstruct justice in the case of that doj investigation, into those classified documents at mar-a-lago but also because what comes out during the trial would be damaging to the president. so they got to want that to go away. they want all of this to go away, and sadly, they will largely have the power to do that. now in theory, when that case goes away, if that's what they do, then it's nothing to -- no argument to be made that the report should not be, that second volume on mar-a-lago should not be made public. there is no longer any argument. do they need an argument? does trump need any argument? no. >> you are on the judiciary committee. there are going to be some hearings coming up and i wonder which ones you find the most alarming, whether they are in your committee or not, the

confirmation hearings. you have pam bondi that's coming up. you obviously have a secretary of defense who is a television host from fox who will be replacing a four-star general, and who has some allegations against him from women and also from his former colleagues regarding his use of funds. marco rubio is obviously coming up for secretary of state. we got up on the screen a lot of the people who are coming up. is there one that particularly concerns you? >> well i think the one that is so clearly, patently unqualified is kash patel, the nominee for fbi director. this is someone who is essentially an internet troll who rose to the level of his willingness to debase himself to the president. he has no business running the premier law enforcement agency in the country. he has said he wants to close down fbi headquarters and open up a museum to the deep state. this is not someone you want leading a department that has to try to protect us from another attack like the one we saw in new orleans, or investigate what happened in las vegas, or attack the

fentanyl problem. no, this is a political hack. and so, that one should be easy. now whether it's easy or not will depend a lot on my republican colleagues. there are concerns about a lot of the other nominees. i have profound concerns about tulsi gabbard. this is someone with no experience in intelligence world, someone who has shown horrible judgment when it comes to dictators like bashar al assad, who has echoed kremlin talking points. is this someone you want whispering into the president's here during national security crises? i don't think so. i will retain an open mind until the final judgment and the background investigation are done, but those are two

heavy obstacles for her to overcome, in my view. >> yet. senator adam schiff, you are going to have quite an interesting sojourn as a united states senator, and so we will be watching. please feel free to come back anytime to keep us updated and we are going to be thinking about and praying for your state. thank you very much. coming up, donald trump flip flops from isolationism to expansionism. what to make of his threats to turn the globe into a game of risk? is it a truth or is it a troll? that's next.

>> there are two ways to interpret donald trump's latest threat to the global order and to literal geography, saying he won't rule out using military

force to acquire both the panama canal and greenland, and that he will use economic force to annex canada. one interpretation is that he's joining vladimir putin's imperialist club, threatening to do to these allies what putin did to ukraine. the other is what jonathan chait refers to as a kind of performative imperialism. the billionaire funded media who speak to trump's base are jumping on the bandwagon and switching the narrative from ordinary americans can't afford their lives, and what about the price of eggs, to maga manifest destiny, indicating that the pivot from inflation to belligerent entertainment is because they know donald trump can't deliver on the things he promised and that the billionaire tax cuts he will deliver might not go over so well. so instead, you get ben shapiro posting memes about the new

trump land, in canada as the 51st state, and saying we are renaming the panama canal the south mississippi river. and you get don junior heading to greenland for no strategic purpose other than he can go on fox and have rupert's talking heads chime in, claiming greenland is all in on colonial annexation. >> if you look at greenland, for example, if the people there are being treated horribly, i would that the people would probably vote for an alliance with the u.s. >> canada. first i wanted it and i tried to divided into two states. the fact that they don't want us to take them over makes me want to invade. i want to quench my imperialist thirst. >> i basically felt on her having to listen to that.

there is also trump's other bread and circuses, namely the idea of renaming the gulf of mexico the gulf of america for no reason whatsoever. as soon as trump said it, congressional performer marjorie taylor greene jumped in right on cue to introduce the bill. now republicans could change the name. sure, why not? which of course has nothing to do with grocery prices. but other countries, they don't have to play along. mexico's president how do you shine bottom shut down the dumb idea, showing reporters a map of north america from 1607 labeled america mexicana. shane baume added that mexican america sounds nice, doesn't it? joining me now is david roth kopp, columnist for the daily beast and host of the deep state radio podcast. david, there is something that is so maga about the manifest destiny colonizer mentality they take toward other countries, right? panama is just some brown country they think they can seize, there canal, canada, they don't care what, they think we are going to sees it because they don't want us. greenland, all those 60,000 indigenous green landers, they can't stop us. it is kind of pure maga but it also does partly feel like a

head fake because they know trump isn't going to do anything about it. what do you think? >> yes, yes. we know they love the 19th century. they don't like the idea that women can vote. they don't much like the idea that people of color can vote. they like this kind of imperialism. they don't like income taxes. they'd like to change the laws on abortion and so forth, to go back to 19th century or earlier laws, and that's just what they are signaling to their supporters here. but of course it's nonsense. the united states is not going to annex canada. the canadian prime minister said there's not a snowball's chance in hell of going along with it. the green landers who get free

healthcare in denmark aren't going to go along with it. the people of panama aren't going along with it. the people of mexico clearly are not going along with this nonsense. it's just not going to happen. but having said that, or we alienating our allies, nato allies like canada and denmark? yeah. are we looking foolish in the eyes of the world? yeah we are. and so damage is being done, even though nothing is really positive going to come out of it. >> damage is being done but it's not to the relationship between donald trump and putin. some russian tv host and kremlin ally vladimir solidity of on his primetime show commented what trump is doing benefits us greatly, adding the president-elect was totally destroying any illusions anyone might have had about the summit of democracy and about respecting opinions of nato allies. it's like he's saying, where are all of you, you are nobody,

that will talk to putin and xi jinping. as for you, who are you? deliver greenland. he's a great guy, an awesome guy, he added. is making putin very happy. that's clear but my question for the trump base is, your side said that you wanted no more wars. he said he's willing to go to war to take these countries that don't want us. your side said they want to use, quote, stop dlg, a fake agency, to cut $3 trillion on the federal budget. where they getting the magic money to buy greenland and the panama canal it may be purchased canada? where are they getting this magical money they are supposed to be cutting? none of it makes sense and i just wondered if at some point, billionaires and billionaire funded podcasters telling maga that this is not a fantasy, start to crack and they start to think, wait a minute, we've been had. >> sure. we know that will happen at some point because we've seen this movie before. there was going to be awol. mexico was going to pay for it. there were all these things that happen. they didn't happen. trump was elected in 2016. he was tossed out of office in 2020 because he didn't deliver anything but tax cuts for

billionaires. that's exactly what's going to happen here, except yesterday during that press conference he was also going, my son is doing a deal here, i'm open for business. so we are also going to see, alongside of this kind of crazy baloney driven foreign policy, corruption in a way that we've never seen it before, where the white house is going to become a tollbooth for foreign countries wanting to do business here. those billionaires who are close to him, they are going to do the same thing. the people at the top are going to get rich, rich, rich, and the people at the bottom are going to feel like suckers. >> yeah, and the billionaires that are funding all of these little podcasters and rupert murdoch and all the other billionaires are going to be laughing at their own base, all the way to the bank. david roth kopp, thank you so much for coming up, a reid out exclusive. it is big news about organized labor in america. you don't want to miss it. stay with us. ay with us.

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indigestion iberogast bloating iberogast thanks to a unique combination of herbs, iberogast helps relieve six digestive symptoms to help you feel better. six digestive symptoms. the power of nature. iberogast. >> we have some breaking news. in just the past hour, the nation's largest labor federation, the afl-cio, announces they are joining forces with the service employees international union, the sei you, and it's 2 million service workers, in a joint effort to strengthen their push for workers rights. the groups wrote in a statement, at a critical moment when everything is on the line for the nation's working people, the labor movement is uniting to challenge the status quo and build a movement of workers who will fight. on the job, in the streets, at the

ballot box, in our communities, for higher pay, expanded benefits, and new rules that empower them to join together in unions and to organize across industries. this couldn't come at a more crucial time, as the country is about to go from having one of the most prounion presidents in history to a president who is likely to rollback rights for unions and for workers. joining me now for an exclusive interview, liz schuller, president of the afl-cio and aprils arete, president of the sei you. thank you both for being here. this is big news. talk about this combo because there are different kinds of workers. we're talking about teachers. we are talking about nurses. we are talking about sanitation workers, police officers, firefighters, childcare providers, united food and commercial workers, retail, meet hacking, it's a variety of workers. what's the benefit of combining? we'll start with you, liz. >> yes, in fact we now have 61 unions in our federation and it is essentially a broad spectrum of working people all across the economy, in every sector,

but we all have the same fights. we all want to stand up to corporate greed. we are all tired of working more for less and see in our paychecks shrink while costs are going up and our healthcare and our retirement security fade away. so i think this is a powerful joining of forces because we are in a moment where working people have had enough and they want to see us out there, fighting for them. >> absolutely. >> go ahead. >> happy new year to you, joy. >> happy new year. >> thank you. >> announcement today and the re-affiliation of sei you into the afl-cio is about the 60 million workers in this country who have told us they want to be in the union. it's about the nine in 10 workers in this country who don't have a union and yearn for one, right? this is about us putting our money, our resources, our time,

putting our shoulder into organizing workers across the country and that's more important than ever. >> one of the things that i do love about having you both here is that you are not the image of what people think of when they think of unions, right? they think of men, right? so two ladies i think is a reminder to people of the workers who actually need representation, so i appreciate you both being here. i wanted to give you guys some of the headlines from this year. it's been an actually good year for unions. members ratify record contract with the big three automakers, sag aftra enormous victory, ratified the deal that ended the strike. the hollywood writers strike ended and they won big. boeing workers voted to accept a contract proposal, ending a strike. workers voting to join unions at record high rates. going opposite order, april, i'm going to start with you. the wins are big. what is left to do? >> everything, joy and. is left to do.

i said a minute ago, a few seconds ago, nine in 10 workers still don't have a union. 60 million want one but we know that when we do polling, 70% of young people say they are interested in joining unions. we are in an unprecedented moment where i know workers want power. they want agency. they want to be a part of their own self-determination. they want to have a seat at the table. so we've got to meet this moment and give workers the seat they want, and that's organization, organization that is poised to not just build power but to use power, and that is what we are excited to do. it's what our lives are about and it's what this moment is really about. >> liz, it's not going to be easy. the incoming administration is staffed by somebody who has been very critical of unions, not a big fan of them. his pretend the oge committee is headed by people who think it's fun to fire people into

laugh about the idea, and you've seen a lot of the billionaires that are backing this new administration, people like jeff bezos, who own amazon. you see the big companies like starbucks and others, they are not exactly embracing of the idea of increased workers rights. how tough do you expect to fight to be as the administration changes over? >> well there will certainly be challenges and we are ready. we're going to be on defense probably right away, knowing that they have their sights set on the federal government and, quote, efficiency, right, where we as workers always hear that word and things are trying to get us to do more with less but we know that we've got to play a good defense game, but we also, as april and i have been talking about, we got to be on offense. this economy is changing, changing rapidly, with technology and clean energy and all of the growth that we are seeing in places like the south where workers are not used to unions and it's a real opportunity for them to step

into their power, for them to see that unions are the place to make the change that they desperately want to see in their workplaces, and coming together is how we are more powerful, and we balance the scales of the economy. >> one of the things that people have sort of come together on, wherever your political leanings are, is that the billionaire class wants more work for less wages and wants people to just work longer hours. i mean people are talking about raising the retirement age, for god sakes. there is not a lot of empathy from the billionaire class toward working people. how do you get working people to vote their interest, their economic interest, not things like social issues? >> it starts by being honest with working people. it starts by having a real conversation about what their issues are, who is poised and positioned to solve them, putting them in position where they are able to help solve and create, you know, the change that they want to see in their lives.

and talk about the need to write new rules, right? the gig is up. we work with a set of laws in this country that are not written for working people to get ahead. the corporate control is out of control, right? it has gone way beyond what any of us can tolerate anymore. so this is about telling the truth, calling out the bad actors in this economy in this country that are the real reason that so many people continue to live and work in poverty. >> yeah. >> i appreciate you both. listen, the ladies running the unions are here with us and we appreciate it. sometimes when you want to get things done you've got to find a woman to do it because we will get it done. amen. afl-cio president liz schuler, seiu president april barrette, thank you for making this announcement on "the reid

out". we appreciate you and we will be watching. coming up, trump runs to his friends on the supreme court for an emergency appeal to block his sentencing in the new york hush money case. that's next . that's next . ask your doctor about farxiga.

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today donald trump turned to the leonard leo fix over at the supreme court and asked them to keep him from becoming the first convicted felon president. his lawyers asked the three trump appointed judges and two other conservatives whose wives

have expressed support for trump to stay judge one merchan's decision to sentence the once and future president on friday for the 34 felony counts he was duly convicted of by a new york jury. looking for trump, his record before this particular court has been spectacular. this is the court, after all, that major he was on the ballot after colorado disqualified him due to his planning and execution of a coup that culminated in the january 6th insurrection. it was this very court that created special legal standards that stated the president is entitled to absolute immunity from criminal prosecution for actions within his conclusive constitutional authority. it is those king lake privileges that trump is invoking in today's petition, even though the new york hush money case that happened before he was elected president and before he had taken office again. late this afternoon, after jumping over the new york court of appeals, trump finally acknowledged the appeals court existence and filed a similar request them them. joining me now is melissa murray, nyu law professor, msnbc legal analyst and cohost

of the strict scrutiny podcast. my first question is how can the supreme court even get involved in this. i thought that state cases bore no involvement from the federal government. >> that's not always the case that a state issue has no federal bearing. i mean there may be a federal question here but typically in a situation like this, where there is a criminal case, it is usually the case that the defendant will exhaust his state court remedies before seeking review in federal court . so the question here is why has donald trump leapfrogged over the new york court of appeals, which is the highest court in new york, to go directly to the supreme court, seeking relief there? and again, this may be something that the justices take into account when they review this petition and we will see but you are right. he has received some very favorable treatment from this

court, a third of which he has installed hear himself. >> and there is this other little thing that happened. samuel alito acknowledging that he met with trump or spoke with trump on tuesday, according to abc news justice samuel alito spoke to trump by phone tuesday to recommend one of his former law clerks for a job in the new administration, which he confirmed on the record. the call occurred just hours before trump's lawyers submitted their petitions so the petition wasn't in yet but i don't know, maybe i don't trust samuel alito at this point, given his wife's flag flying ways, that he wouldn't have had a conversation with trump where trump said, oh, your clerk wants a job, i'm going to need a few things. should we trust that this was not nefarious? >> whether it's nefarious or not, i will note that it does strained credulity to think of the president-elect facing this particular legal challenge and also encumbered by all of the responsibilities of a transition, is actually making reference checks, someone who is going to be beneath the department. that's the sort of thing that is usually handled within a

department and farmed out to the president's chief of staff. there is the question of why donald trump is specifically calling and making these reference checks himself. maybe he is a micromanager, although during the hush money case he was at great pains to disclaim any micromanagement and all of this he does with love to michael cohen and his underlings apparently here he's doing it himself. for justice alito, maybe the petition hadn't yet been filed. everybody knew that this petition was coming to at this point, the optics of it just look incredibly poor, particularly for a justice who has been embroiled in a fair amount of controversy regarding two agents who have been before the court and donald trump is at least someone who now has business before the court and will likely as president have business before the court. >> this in many ways is a honey badger conservative majority. they don't seem to care how things look so i would just love you to walk us through the kind of court.

>> [ inaudible ]. >> amen. i think that's a good way to put it. walk is how they are going to save us because it's very clear that john roberts and friends are going to figure out a way to make trump happy. making from happy apparently is their most important job as far as they are concerned. are they just going to stall and say we're going to need to do full arguments and that's going to take a month, and then it will push it past the point which he is nominated? what are they going to do? how are they going to slow this down or stop it from being sentenced? >> they can delay as they did in the immunity case but there is also a substantive point in any immunity case itself. in the immunity decision a court decided in july of last year, there is a question if any evidence of official acts that might be used to establish unofficial acts are within the scope of presidential immunity and everyone understood when that was issued that that related to the hush money case where they were talking about official actions that were discussing the payment of hush money. so all of that evidence that

came in from hope hicks and donald trump's executive assistant at the white house, all of that evidence would be within the scope of executive privilege because if it related to his official actions and what to establish the unofficial actions. so again, there are procedural opportunities here but also a real huge trap as well point >> lastly, how odd are the optics that the lawyers that were arguing donald trump's case before the court are also up for jobs in the next administration? >> nothing surprises me anymore but i think it does raise the question, not necessarily a question of ill will here, what is the department of justice going to be an independent branch or is it simply going to be an arm for the president, the president's personal law firm, as these individuals were in fact the president's personal lawyers at one time. >> i think we know the answer. mercenary, all in with chris haze starts now. tonight on all