join me now is neil katyal, former u.s. acting solicitor-general. neil, thank you for being here. eager to hear your perspective on how meaningful it is here that jack smith is asking to bring in moments from 2012 and 2016 which far predate the 2020 election. >> yeah, i do think, alex, that it is meaningful. this filing details the evidence of criminal defendant donald trump's bad acts and his conduct that jack smith the prosecutor wants to present to the jury. and frankly, given donald trump's history i'm surprised it was only nine pages long this filing. i'm sure they could have filled a war and peace sized book if they wanted to. but i think what smith is doing here, he's intentionally tipping his hand, alex. he's saying here's the kind of evidence i have against donald trump. prosecutors, of course, turn over all their evidence exculpatory and inculpaatory as part of the decision in brady vs. maryland, you've got to turn over everything. here jack smith is saying. >> the indictment itself is pretty narrow, but feels like in this ruling smith is decide udly more aggressive if t

joining me now is neil katyal, former acting solicitor-general for the u.s. under the obama administration, a person who knows lots and lots about the high court. neal, thank you for being here, and i am so eager to hear what your thoughts are and whether the supreme court actually takes this up on an expedited basis. >> so i think jack smith did the right thing by using this procedure before judgment to bypass the court of appeals and to say to the supreme court decide this now. i think the supreme court is going to decide it. i think they're going to agree to hear the case, and i think they will if not unanimously pretty darn close to rule against criminal defendant donald trump. and that's over a couple of reasons, but the most important of which, alex, is the extraordinary thing trump is trying to argue, which is that he can murder someone and get away with it, that being president gives him a get out of the jail free card. and it's an even stronger claim than what he said last time in the case in which he was clashing're. there he didn't quite say he cou

neil katyal, into eisman, thank you as always for joining me and for informing us so much of these casesng up, donald trump once again echoes the language of adolf hiller with some of the most offensive anti-immigrant language there is. congressman joe neguse is the son of immigrants, and then ask him how democrats should be pushing back. later, senator ted cruz will run away from an msnbc reporter. we'll show you the, question on answer, and what it all means. we'll come back after a quick break. ic break. (man) mm, hey, honey. looks like my to-do list grew. "paint the bathroom, give baxter a bath, get life insurance," hm. i have a few minutes. i can do that now. oh, that fast? remember that colonial penn ad? i called and i got information. they sent the simple form i need to apply. all i do is fill it out and send it back. well, that sounds too easy! (man) give a little information, check a few boxes, sign my name, done. they don't ask about your health? (man) no health questions. -physical exam? -don't need one. it's colonial penn guaranteed acceptance whole life insurance. if you're

. >> one more for you, neil, in neal katyal, in terms of what could happen while this is working itsgh the courts. there's talk of a stay, that of course trump would like, that jack smith has been pleading against, if you will. how much can judge chutkan do while the d. c. circuit court decide what they're gonna do with this? only a little bit. >> i argued the supreme court gave last year about this question. and basically the supreme court said that while a case is on appeal, much of it cannot go forward. and so, some things can like the gag order and perhaps some discovery disputes in the lake. like. but some cannot. and, so that's another reason why jack smith was so smart to file this motion that he did yesterday that bypassed the court of appeals. >> -- blough calling from the special counsel. we will see what happens. neal katyal, -- . thank you for your time tonight, my friend. >> thank you. >> much more ahead tonight, including the strangely tight grip donald trump has on evangelical averted voters. tim alberta, new author of the kingdom, the power, and the glory will join us

katyal, as always, thanks for being here. happy holidays. >> thank you, to you as well. >> for more from neil make sure to check out msnbc slashln in the civil war era as democracy is in the brink today. first, brand-new revolutions from propublica about how supreme court justice clarence thomas and sit up in the pockets of billionaire donors, hopping upon private jets and taking fancy trips. fancy trips you can replace multiple cleaning products. try dawn powerwash. i have moderate to severe crohn's disease. now, there's skyrizi. ♪ things are looking up, i've got symptom relief. ♪ ♪ control of my crohn's means everything to me. ♪ ♪ control is everything to me. ♪ feel significant symptom relief at 4 weeks with skyrizi, including less abdominal pain and fewer bowel movements. skyrizi is the first il-23 inhibitor that can deliver remission and visibly improve damage of the intestinal lining. and the majority of people experienced long-lasting remission at one year. serious allergic reactions and an increased risk of infections or a lower ability to fight them may occur. tell your doctor if you have an infection or symptoms, had