least five people are dead and more than 100,000 are under mandatory evacuation orders as multiple wild fires continue to rage across the area. and breaking just in the last hour, there is a new and fast-moving fire that has started in the hollywood hills. right now it's being referred to as the sunset fire and the los angeles fire department has issued a mandatory evacuation for parts of that area. msnbc will, of course, continue to follow this very kinetic and destructive situation as we have more information throughout the evening. so please stay with our coverage. but as of now, that is our show for tonight. "hardball with chris matthews" with ali vitali is coming up next. ♪♪ moments for victims of the raging wild fires burning across southern california. the question is, will the extreme winds die down long

enough to allow firefighters to gain more control over this catastrophe? we'll bring you a live report and the latest forecast straight ahead. plus, president-elect donald trump is set to be sentenced tomorrow in his new york criminal hush money case. the question is, will the supreme court step in and stop that hearing from happening? and today is the official state funeral for former president jimmy carter in washington, d.c. he will then be laid to rest in a private ceremony in his hometown of plains, georgia. the question is how will the nation remember the 39th president. it's "way too early" for this. ♪♪ good morning. and welcome to "way too early," the show that will mark this moment in history with all of you watching. i'm ali vitali on this thursday, january 9th. and we'll, of course, start with the news. we begin this morning with those wild fires scorching los angeles county, at least five people have died and more than 100,000 people have been forced to

evacuate all over the course of the past 36 hours. estimates have the fires burning down more than 2,000 structures across the area. five major fires are currently burning across the country, with three, the palisades, eaten and sunset at 0% containment. the lafd, however, confirms they are making progress on the sunset fire. the two others, called lydia and hurst are at 40 and 10% containment respect i havely. the largest of the fires is the palisades, which has burned through more than 17,000 acres and officials are calling that fire the most destructive in l.a. history. the second, the eaten fire, has engulfed more than 10,000 acres of land and is responsible for the five deaths. hurricane-force winds and dry conditions have only fuelled the fires while low water pressure is hampering efforts to fight the blazes. while the fierce winds began to die down some last night the infamous santa ana winds are expected to return later this week. meanwhile, we're also hearing

devastating stories from local residents about how the wild fires ravaged their neighborhood schools and local landmarks. at this hour, thousands of people have lost their homes, leaving entire communities reduced to ash and rubble. childhood photographs, all of that burned in the fire, decades of memories etched into homes now wiped away. the pain for so many remains unbearable as they wonder what comes next. and we're getting a sense of how residents are coping with the aftermath following their harrowing escapes. >> this is the best neighborhood. everybody knows each other. everybody helps each other out. before we left, our neighbor, brad here, he was putting out little fires on -- you know, before he felt like he just had to go. he was putting out little fires on our property and who knows maybe that saved our house. but that's the kind of neighborhood we have. and it's -- you know, most of it is gone now. >> all the stuff here is replaceable. people are not. so happy the family is the most important thing.

>> i drove with the kids and the dogs down to laguna beach. i mean, what are the answers? they say, mommy, where are we going to live? where are we going to go to school? what are we going to do? and i don't have answers to those questions right now. >> in the swimming pool and the next day it's all gone. but she came out with her little yeti piggy bank for us to rebuild our house. >> we lost everything. as partners, all our photographs and all my grandpa's antique chest and all that kind of stuff. >> i'm going to break down again. that's what i feel. it's my whole life. >> everything was in there. we lost everything. >> you shape up. you're supposed to be a support.

any way, i'm okay. i'll be okay. i'm tough. and we'll start over. >> you are tough. >> even though i'm 91 years old, i'll start over again. >> just devastating stories from the ground there. another one, a houston woman, who is from pasadena, describes how the cemetery where her mother, brother and several family members are buried is now completely burned. the impact of the wild fires, even affected many celebrities, too, paris hilton, billy crystal and james woods who you saw there. joining us life is nbc news correspondent dana griffin. dana, walk us through what you're seeing on the ground there. >> reporter: hey, ali, good morning. well, yeah, it is morning here. it's hard to keep up with time. we've been up since 11:00 last night. and drove here to altadin-a. and this is the destruction you're seeing. you talked about neighborhoods being left unrecognizable. we got several vehicles that are

burned down to their shell. we're just going to walk through this neighborhood. and every home that we have driven past has been burned to the ground. and those embers that were flying when that wind storm kicked through, that's why you're seeing some vehicles still standing, some homes still standing. but others, they hopscotched and destroyed vehicles like this. we're going to walk around and show you, these are the homes that we're seeing in this neighborhood. and many of them look just like this. you can see the orange glow from these what i call gas fires. they're not -- this is not an active fire because of what happened here. but this is a gas line that is still burning because it hasn't been turned off in this neighborhood, so you have every home that has these porches that are kind of going up along the homes. you can see a tree stump here that is still smoldering. the only thing that is left at this neighborhood, ali, is the mailbox. you can still see the glitter that spells out the letters for

this house, 3-0-9. not much is left here. we're seeing a lot of downed power lines as well just driving up here. these are deenergized that's a good sign or we wouldn't be standing underneath them. a lot of these power lines are drape aid cross reuss. and we're seeing this just throughout this entire neighborhood. this is the eaten fire that you mentioned that burned some 10,000 acres. this is the fire that killed five people. it's unclear exactly what caused this fire. investigators are looking into that. but it will likely take several days, weeks, possibly months to determine that. you know, the palisades fire that is burning closer to the post, that was started in someone's backyards. sounds like they have a greater sense of what may have caused that fire but are not releasing any detail. we are seeing helicopters up above. that's a good area. looking to make some drops if there is an active fire in this area. when it comes to containment, it

doesn't necessarily mean that there are raging flames all over the place like what we saw. things have really tamped down here. what we're seeing in this neighborhood is 180 compared to what we saw yesterday. and even on tuesday. it's just incredible to see the destruction and a lot of people that we've spoken to in the los angeles county area say they have never seen anything like this. it is truly apocalyptic and we haven't gotten the full scope of the scale f this devastating fire. wind gusts have still been a problem in areas. it will probably be at least another day or two before they get those assessment teams on the ground going home to home to count exactly how many have burned to the ground. but this is what we're seeing. it's all quiet here. one thing i want to mention, we actually had a sheriff deputy drive past us moments ago and he told us to be safe.

and initially i'm thinking because of the smoke, the air quality here is very poor. that's why i'm wearing a respirator and our team are wearing masks. no, it's the looters. they actually arrested some this morning. i asked how many, could he tell us details. the fact that they were driving around looking for looters and telling us to be safe just shows you the other side of this tragedy. people looking to take advantage of people who have lost almost everything. ali? >> dana, just absolutely stunning to see those fires still behind you. i'm glad that you and the team are safe. we are so thankful for you being up and working these hours to bring all of us the latest on what's happening there. and i know we'll have more of your reporting coming up on "morning joe" thank you. >> reporter: thank you. joining us now national spokesperson for the american red cross nicole mall. nicole, can you tell us about the systems that are in place right now on the ground that are helping people who are so badly in need and just what the past

24 hours have been like because this has been so fast-moving. >> this is not the type of disaster that we like to see. and unfortunately to see so many folks displaced it's absolutely heart breaking. i'm actually at one of our shult shelters right now in los angeles. there are hundreds of people across los angeles taking shelter and refuge. that means the folks who need displaced need a little extra help. they need someone safe to go. we see this footage and we see the destruction and devastation. and that's where the red cross comes in. this is the first step for many families navigating a new normal, a new journey. but safety is going to continue to be our first priority. because, as we know, firefighters are still working diligently to make sure that these fires are contained. so as folks are still waiting to learn more, we're seeing a steady stream of folks coming

into our shelters. and one of the most inspiring things i've seen is just the community built amongst those who have come together as they begin to process what they've gone through. >> nicole, how can folks on the ground find you guys and access the help that you're trying to give to people? i know you said folks are coming in, but maybe to anyone who is watching who is wondering where can i go? what can you tell them? >> the quickest way is to call 1-800-red-cross or download our emergency app. we knew that this weather was going to be significant. and it was our red cross workers on the ground, in los angeles and the surrounding areas who were able to move as quickly as possible. these shelters are staffed by folks just like you and me who left their day jobs, who left their families, who actually -- several who have been impacted themselves because of this disaster. so i would tell folks, everyone is welcome. and you may never expected to

come to a red cross shelter, but know it is a safe space for you to be at. >> national spokesperson for the american red cross, nicole maul, thank you for joining us and for the work that you're doing on the ground there. turning now back to politics. what we're learning about president-elect trump's closed-door meeting with senate republicans last night as he pushes the party to get his priorities approved however they decide to do it. plus, new exclusive reporting on a potential trump administration plan to conduct a high-profile immigration raid in its initial days. those stories, plus a check on sports and the weather when we come right back. ts and the weate come right back. in our destiny, the fundamental force that unites us is not kinship or place of origin or

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republican conference is filled with ma rodding bands of individuals who can't stand each other. and democrats, as far as i can tell, are unified in our determination to make life better for american people. >> that was a fiery house minority leader hakeem jeffries hitting back yesterday after speaker mike johnson accused democrats of struggling with party identity following the 2024 election. president-elect trump is calling on republicans, meanwhile, to pass his legislative ideas, though it appears he has no set strategy or at least not a preferred one. trump held a closed door meeting with republican senators yesterday. the president-elect is calling for what he calls one big, beautiful bill for reconciliation that tackles his top priorities on taxes, energy and the border. a move that house speaker mike johnson supports. but senate republicans seem to think that might be too difficult to pass, suggesting instead to have two separate bills. trump for now appears to be staying out of the strategy

debate. >> whether it's one bill or two bills, it's going to get one way or the other. there's a lot of talk about two. and a lot of talk about one, but it doesn't matter. the end result is the same. we're going to get something done that's going to be reducing taxes and creating a lot of jobs and all of the other things that you know about. >> meanwhile the incoming trump administration is considering conducting a high-profile raid, targeting undocumented immigrants soon after the inauguration. three people familiar with the discussions tell nbc news the trump transition team has been looking into going after immigrants who are allegedly working illegally in the washington, d.c. metro area. sources say some of the workplaces that might be targeted include businesses in the agriculture, construction, hospitality and healthcare industries. as of now, no final decisions have been made, but current and former homeland security officials say a raid like this could be logistically complicated and quite costly. the discussion suggests the incoming administration is not

focussed on illegal immigrants with criminal histories but rather large scale arrests and deportations. a show of force immediately. the trump team did not immediately respond for request for comment. look at how the los angeles wild fire are impacting play, a look at sports. those and a check of the weather are just ahead on "way too early." why are you awake? email your reasons to "way too early" at msnbc.com or tell me as some of you already have on social media. use the #waytooearly in there. we'll read our favorite answers later in the show. here's to getting better with age. here's to beating these two every thursday. help fuel today with boost high protein, complete nutrition you need, and the flavor you love. so, here's to now... now available: boost max!

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garland who's holding him. garland pulls back. seven on the 24. garland the drive, it's up, it's good! >> it is good. darius garland with the dagger in last night's clash between the top teams from each nba conference. the cleveland cavaliers and the thunder's 15-game winning streak beating okc 129-122. out in denver, the clippers missed kawhi leonard in their road loss against the denver nuggets. after the star forward left the team and flew to left to be with family that was evacuated because of the wild fires that have devastated southern california. clippers' coach tyronn lou voiced his support before the game telling reporters leonard got back and his family is doing thankfully okay. leonard, who bought a house in the pacific palisades in 2021 was set to play in his third game of the season. meanwhile, wild fire danger kept the nhl's kings off the ice at their home arena last night. the league postponing the contest against the calgary

flames set to be played at the crypto.com arena in downtown los angeles which is shared by the nba's lakers. the lakers, for now at least, are still scheduled to host the charlotte hornets there tonight. meanwhile, the nfl is monitoring how the fires might impact their preparations for the two teams playoffs in the -- the two l.a. teams in the playoffs with the the ram's wild card game against the minnesota vikings scheduled for monday night at sofi stadium in engelwood. the league said in a statement that if necessary the game will be moved to the arizona cardinals stadium in glendale. now let's bring in meteorologist angie lassman for more on the raging wild fires. angie, weather has played such a key part in this. what can you tell us about what's coming? >> ali, we have some improvements when we compare our winds to say what we were dealing with yesterday and will slowly start to see our relative humidity values building back. we have really impressive winds. 17 million people under these red flag warnings. no surprise about that. we have the winds still coming

offshore. we have them around 40050 miles per hour gusts today is what we're expecting. that creeps up for tomorrow. we'll be back to the 50 to 70 miles per hour range. this is the setup that we'll see for the prolonged period, even into next week where we see winds relax a little bit and ramp up a little bit. so the on going fire threat is going to be there, tending through at least the next few days and potentially next week. the current lay of the land with wind gusts. you can see wind speeds closer to the coast, less, 20, 30, miles per hour. closer to the hills and mountain regions we'll see the 40 to 50 miles per hour range that we mentioned. so, lighter today. yes, in a lot of respects. but still going to be dealing with those santa ana winds. this is the critical risk we're dealing with santa clarita extending down to the border. any significant fire growth will happen with these fires again, the winds elevated. relative humidity values, as i mentioned, those will build back in as we head into the weekend.

now big picture look of the winter storm on the move. 67 million people under these alerts. a lot of it is across the south, in places that will pick up some snow and ice that don't usually see that for this -- for those regions. today, dallas to little rock, that's where i would watch for the significant travel issues. the roads are going to be icy, especially for the commute in some of those spots. cleveland down to atlanta, tomorrow, the heavy snow, the ice going to cripple part of the tennessee valley and leave travel difficult. northeast sees light to moderate snow as we get into your saturday. but the most impactful weather will be draped across parts of the south. specifically with the ice, the heavy snow, notice those totals for places like little rock. we could see up to eight inches and one to three inches in dallas, al-i. we know that will cause significant travel trouble for folks in that area. >> absolutely. angie lassman, thank you for those important updates. coming up, we'll have much more on the raging wild fires and the possible economic impact from the devastation. also ahead, the national funeral service for president

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plus written perspectives from the newsmakers themselves. sign up for msnbc daily at msnbc.com. is this your home? >> yes. >> i'm so sorry. when d you see this? >> just about ten minutes ago. >> oh my gosh, i'm so sorry. >> we watched neighbors try to pour water on this. >> i'm very appreciate tiff of that. everybody got out safe. that's all that matter. so we can rebuild. >> could you imagine this happening at your home? >> no, no. you know, we stayed until 1:50 last night. then when the embers got too

big, that's when we left. but we never thought it would happen to us. >> welcome back to "way too early." it's 5:30 on the east coast. 2:30 out west. i'm ali vitali. and that was nbc's steve patterson yesterday talking to a woman in california who just found out that she lost her home because of the raging wild fires going across l.a. county. more than 100,000 people have been forced to evacuate because of the fast-moving flames there. so far officials say more than 2,000 homes, businesses and other buildings have been damaged or destroyed and at least five people are dead. we'll have more on that just ahead. but first, here in washington, former president jimmy carter will be laid to rest today following a week of state funeral events both here in d.c. and in his home state of georgia. president biden has declared today as a national day of mourning. the 39th president has been honored by lying in state in the u.s. capital rotunda which is expected to end at 7:00 a.m. today. then at 9:00 a.m. a.m.:00 a.m.,

pekt will depart for washington cathedral. president bide listen deliver a eulogy in honor of carter, something he asked of biden before his death. in attendance will be first lady jill biden as well as vice president kamala harris and second gentleman doug emhoff. all living former presidents are also expected to attend as are many former first ladies and first families. country stars garth brooks and trisha yearwood will sing carters' favorite song "image kwts ". the two became friends with the carters through their work together through habitat for humanity. following the service at the national cathedral, carter will be then be brought back to his hometown of plains, georgia, a private funeral service will be held. a private burial will follow that and carter will then be laid to rest on the grounds of his home, beside his late wife of 77 years rosalynn. a navy flyover will conclude the national ceremonies. joining us now is presidential

historian and executive director of the george washington presidential library, dr. lindsey. this has been a massive week of services for carter. a lot of it -- and we referenced it there, he asked for this. there is a lot of planning that goes into it. can you take us behind the scenes of what this typically looks like for president and how carter might think of how he will be remembered. >> presidents start planning this the day they enter the office on the off chance they unfortunately would die while they were in the white house. so from the very beginning they start to put together these plans. they're asked about who they want to attend, who they want to speak, what food they want served around these various ceremonies. and then, of course, those plans change and evolve as they leave office. their families grow. they make new friends and acquaintances. it's really a reflection of who they are because every single element is hand selected by the president and their family. and we've seen that with carter. you know, i think my favorite

detail was the farm bell that we with saw on saturday in the 39 bell pulls to signal his presidency. that i think was my favorite. >> the way his favorite song will be sung by people he had relationships. how do you think he would be react to how he's being remembered having a hand in the planning of this and what other pieces of the carter legacy do you see in what we've seen unfold and what we'll watch later today? >> that word legacy is an important one because these ceremonies are really an opportunity for the president and the first family to shape that legacy to remind people of things they maybe forgot and they want to be remembered, to emphasize what mattered to them. and that's i think a really successful but also an important part of what it means to actually reckon with a presidential term and their significance in history. i have to think carter would be pretty pleased because there's been so much outpouring of support and respect for who he

was. and i think it's been on both sides of the aisle, which is pretty impressive. >> the bipartisanship, it's so rare that when you see it, it's really striking. what does it say that we're seeing that? you're seeing republicans and democrats coming out and extolling this man. >> i think it's a reminder that there are still things that are above politics. so much of what carter is remembered for was his decency, his service, his humility, his intention and his commitment to try to help people around the world. and those are not political things. and so there are still elements of our life and our public life that don't belong to politics, which i think sometimes a good reminder. >> excellent reminder, one that i think many of us need sometimes. thank you for joining us. >> thank you. still coming up ahead, we'll turn back to the deadly wild fires in southern california and the economic impact as flames tear through homes and businesses. plus, we'll break down the concerns the federal reserve is raising about the incoming administration's policies and

how they might affect inflation. "way too early" will be right back. donald trump plans to reshape the u.s. government. >> democrats have wasted no time in laying the groundwork to fight the incoming trump administration. >> donald trump wants a presidential cabinet full of loyalists. >> don't miss the weekend, saturday and sunday mornings at eight on msnbc. >> msnbc premium gives you early access and ad free. listening to rachel maddow's chart topping series. msnbc original podcasts, exclusive bonus content, and all exclusive bonus content, and all of your favorite m here's to getting better with age. here's to beating these two every thursday. help fuel today with boost high protein, complete nutrition you need, and the flavor you love.

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spreaded to densely-populated areas, they say that the estimate will have to be revised up. of course that number was given before the fire spread to other areas of l.a. including the hollywood hills. katrina is the most expensive u.s. natural di sast we are an estimated cost of $200 billion. in california the blazes in 2018, including campfire caused an estimated $30 billion in damage. accuweather said in addition to the human cost, of course, and property damage in l.a. there would be some long-lasting health impact due to the smoke. and hit to the tourism business in the region. finally, the wild fires are expected up tick in homer's insurance in the region already where it's become harder for homeowners to find insurance as wild fires become more intense. more and more people rely on

state-backed insurance. these triggers wild fires will insurance. the federal reserve is voicing concern about president-elect trump's potential impact on inflation when he takes office later this month. can you tell us a little more about that and what it could mean for the markets. >> well, the minutes from the december meeting was very instructive and showed officials from the federal reserve are worried about the potential impact on some policies that president-elect donald trump is said will introduce including curbs on immigration as well as import tariffs as well. so that's something that they've been looking at very closely. they indicated that it would be moving more slowly on interest rate cuts because of that uncertainty. now, you remember that at that same meeting in december, they decided to cut interest rates by 25 bases point. but they said we'll go more slowly in cutting those rates in 2025, saying they're forecasting

two cuts in interest rates in '25 instead ofpreviously december. >> the december jobs report is due out tomorrow. what are you expecting from that? >> well, we expect the u.s. economy to add around 150,000 jobs in december. with unemployment rate keeping steady at 4.2 mmps that comes after some data we had yesterday on the jobs market. the dp research showing the growth in hiring and wages had slowed in december in the private sector, falling below expectations. now all this of course is important because of the fed here again we're talking about the fed. it's informing them on the cooling of the economy and, of course, if we see a weakening job market, it could reignite the debate around what pace they should cut interest rates or not. >> cnbc charlotte reed live from london. thank you. and coming up, we'll dig into a new effort to expand access to abortion care by

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blood that flows in our american veins. welcome back. there's a new strategy in the fight to expand access to abortion healthcare, receiving an abortion pill prescription from your neighborhood pharmacist. the program is still new, so far it's only being tested in washington state, but it's expected to expand to other states where abortion is legal. "the new york times" reports supporters of abortion rights consider pharmacists prescribing part of an effort to open as many avenues as possible at a time when abortion pills are facing growing attacks from abortion opponents. and joining us now, the president of cobalt advocates karen middleton. her organization is a nonprofit that raises funds for abortion access. so karen, this was such a central piece of the 2024 platform for democrats, the battle cry of we're not going back from the vice president was something that comes to mind. and then we watched as in states where democrats hoped this could

help them, it really didn't end up being a major energizing factor. so what are you seeing on the ground? where does the abortion battle go from here? >> in colorado what we have seen is that this has been a nonpartisan or bipartisan issue for decades which is why i guess i'm less surprised it didn't work for everybody. we have seen voters cross party lines to vote in support of abortion rights. and then vote for republican candidates. so, it is -- i think we need to understand that reproductive rights and abortion rights is a broader issue. and i think democrats can learn a lesson from 2024 in having a broader message that appeals to a wider audience. >> i think you're right, especially when you look at polling nationally that shows that the majority of people, six and ten is the general average, believe that abortion should be safe and legal in most cases. so i think you're right on the politics piece of this. but, colorado, where you guys

operate, could be instructive in this larger battle because in 2024, as we were talking in the break, the state voted to enshrine protection for abortion into the state constitution, but there's also more that's being done, right? >> yes. and to think about it, colorado has always viewed government -- government out of my business. western values. so some of it is regional, but i think the lessons learned are you have to do a lot of work before you get to the election. talking to voters, speaking in community, involving patients, providers and people who are impacted like those people who are trying to access pharmacy-prescribed contraception or abortion medication now. >> i think the other piece of the conversation, too, is you work for an abortion fund. i know a lot of the conversation nationally ends up talking about planned parenthood, that does important work in this space, but they're different. abortion funds last i checked were struggling because the demand had gotten so high the funding was no longer there. what are you seeing in materials of demand n terms of the people who are coming to you looking

for help? >> we are seeing an exponential rise and it is not slowing down. so we're both a reproductive rights organization with an abortion fund. so we're a little bit stronger in being able to both pass policy and also push for those protections. we must figure out a systemic way to expand reproductive healthcare in the meantime abortion funds are mission critical for helping anyone who needs access to get the care they need. >> and that's because -- forgive me if i'm explaining this incorrectly, abortion funds are really there for the logistics of this, especially when you look at the patchwork of laws across the country. a woman in texas is looking for the nearest state she can go to access care, that's where abortion funds come in saying we can help you get there. >> that's exactly right. and we really became a travel agency overnight and had to increase staff to help people not just pay for the care once they get there but to get them there so that is travel, flights, gas cards, child care, hotel rooms, meals.

it's really wrap around service. and it's not sustainable in the long haul, but i think we're planning to grow and spend more money this year and we hope that people really see things need to change. >> karen middleton, thank you for joining us, giving us an update from the ground in colorado. and earlier in the show, we asked you, the viewers, why are you awake? one says, they're watching from australia and feeling for people who are in the fire storms, saying, us aussies are well aware of these tragedies. we're thankful for you watching and for the prayers that you're sending our way. jessica meanwhile, is kicking off the second semester of nursing school. she says i'm 50 and finally know what i want to be when i grow up. hey, as mika always says, there is a long runway. that's awesome. and maggie writes, at 4:22 this morning i was awakened by the voice of pep pa pig, courtesy of my 4-year-old son. he went back to sleep, however i did not. at least it was peppa. quite pleasing.

coming up next, donald trump is now asking the supreme court to block criminal proceedings in his hush money case. we'll go over how that might impact his sentencing hearing that's scheduled for tomorrow. and coming up on "morning joe" live updates from southern california throughout the morning on the devastating wild fires that have left at least five people dead and forced more than 100,000 others to evacuate. plus, fema administrator will join the conversation to discuss what the federal government is doing to help. also ahead, democratic senators amy klobuchar and raphael warnock will join us to reflect on the life and legacy of jimmy carter before the former president is laid to rest later today. all that on "morning joe" just moments away. moments away ain't my dad's raz, dad. ay watch it! it's from gillettelabs. this green bar releases trapped hairs from my face... gamechanga! ...while the flexdisc contours to it. so the five blades can get virtually every hair in one stroke. for the ultimate gillette shaving experience. the best a man can get is gillettelabs. molly leaving was one thing. but then i thought mom's osteoporosis

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recognized by the supreme court's ruling last year. judge juan merchan initially postponed in july in the wake of the supreme court's immunity ruling but later concluded that trump does not have immunity until he's sworn in as president. the manhattan district attorney argued that the actions connected to trump's criminal convictions were carried out in a personal capacity, which is important based on how the ruling was written. last may, trump was convicted on 34 felony counts of falsifying business records related to hush money that his then attorney michael cohen paid to adult film actress stormy daniels that in the final stretch of the 2016 presidential campaign. joining us now is former assistant manhattan district attorney and nbc news legal analyst, katherine christian. katherine, thanks for getting up with us. first, what options does the supreme court actually have here in responding to trump's request to stop tomorrow's sentencing? what could they do? >> well, they can, one, they could stop the sentencing and they could grant the stay that donald trump's lawyers are

requesting. stay meaning stop judge merchan tomorrow from sentencing. or they could just deny the request and refuse to hear the case and that means judge merchan tomorrow in manhattan court can proceed with the sentencing. so, it's really now in the hands of the united states supreme court because judge merchan has to do whatever the united states supreme court says. >> of course. but what if they do issue a stay. it's not just impactful in this specific circumstance, it's got a long tail, right? >> it does. and it would be unusual and it would be something that supreme court precedent has said you can't do. there's a case from 1971 that says federal courts should not intercede in pending criminal cases unless there's some irreparable harm that would occur to the defendant.

so, in new york, when you're sentenced as a defendant, that's when you can appeal. if suddenly the supreme court says, you know what, before a defendant is sentenced, the defendant can appeal. that's not the final judgment. you don't have to wait to the final judgment. so can -- if donald trump can suddenly file an appeal before he's sentenced, doesn't that mean that all other defendants who are awaiting their sentence can also do that? so, as you said, it would have a long tail. so if they do stay, that means this case, donald trump, will not be formally considered a convicted felon because, in new york, until you are sentenced there is no final judgment of conviction. >> that's right because judge merchan has already indicated he's not going to sentence trump to time behind bars but that he would remain a convicted criminal. so what could that kind of a sentence actually look like? >> it's called an unconditional

discharge no, fine, no imprisonment, no punishment. basically it's just you are now convicted and you can now appeal. and donald trump does not want that status, that stigma of being an adjudicated, convicted felon. that's really what this is about. he doesn't want that to be his legacy that he is a convicted felon. even though he will have a right to an appeal and of course an appellate court can also reverse that, but until that happens, if he is sentenced, he will be formally a convicted felon. >> yeah. i could see that being problematic politically and, of course, legally. but katherine, let's talk about this, too, because special counsel jack smith has given the department of justice his final report on president-elect trump's criminal cases. and according to a new doj filing the attorney general merrick garland intends to release at least part of the report that focussed on trump's alleged interference in the 2020 election. right now garland is blocked from releasing the other part of the report that focuses on

trump's handling of classified documents but the department of justice says that it will remain private while a separate legal matter plays out involving two of trump's co-defendants. so you've got the documents case and then of course the january 6th, 2020 election, related case. what's your reaction to that? and especially on the january 6th piece, that could still be really impactful? >> that could be. the justice department made the right decision about the classified documents because there still are two co-defendants and it would be prejudicial assuming those cases remain open while -- when donald trump becomes president. so that was the right decision. in terms of january 6th, you would think that we know everything there is to know about that case because there was the indictment, there was a report that jack smith released, but there may be new information that we do not know, information that would be embarrassing to what will become president trump. so, of course, there's only 11 days before inauguration.

so, merrick garland does not have a lot of time to release that. so, it could be very embarrassing and to the president -- and he clearly does not want that. >> the clock has been ticking always on all of these legal pieces. and so for jack smith, i think the pieces of the report that he could illuminate for people, you're right, there's been a lot of ink spilled on what happened that day in trump's role in it, but he talked to jack smith a lot of witnesses that didn't cooperate with the january 6th select committee or other entities that have given the public information about this. what could you see and could trump at this point do anything else to try to block that. i know they certainly don't want it out there, but it sounds like it's going to be happening, right? there's nothing else we should expect. right? there's nothing else we should expect it's going to be happening, right? there is nothing else we should expect. >> it should be. now, with donald trump's lawyers, they will try every hail mary pass, but there could be a lot of information.

as long as it is not grand jury information, meaning testimony, there could be, as you said, interviews that we do not know about, that now will be made public. should merrick garland release the report publicly. former assistant manhattan district attorney and nbc news legal analyst, catherine christian, thank you. that was "way too early" for this thursday morning. "morning joe" picks up right now. this is unbelievable. never thought it'd happen to us. >> you see this rain of hell fire. >> neighbors' houses are burning. it's so upsetting and heartbreaking. >> felt like i was catching on fire a little bit. >> i want to go back because i am hopeful i will find something in the rubble . >> incredible, emotional moments for victims of the raging wildfires burning across southern california still this morning. the winds have died down a bit. they did that overnight. firefighters may not have much time to mtake advantage of tho new weather conditions. we'll