he's a msnbc legal analyst and host of the podcast courtside, with neal katyal. written and argued 50 cases before the united states supreme court, 50. neil, the collection of briefs that we have now, from the parties and from these amicus briefs, is really quite astonishing. and the historians brief really is like no other i've read. i am sure you've read briefs like it. but, it really surveys, in such an economical way, exactly the history that the court needs to focus on. >> yeah, exactly lawrence. i mean donald trump has tried, criminal defendant donald trump has tried to protect its only lawful live -- who think it should be taken off the ballot with the supreme court case. but brief by brief, we have seen him proven wrong. i mean, these are respected historians, that is the professor of -- that we've been talking to on the show. today, there is also top briefed by top constitutional scholars, briefs by steadfast conservatives like judge luttig. and they all say trump should be disqualified. >> -- i think we've got a problem with neil's connection right now.

with neal katyal, both msnbc legal analyst. and neil, on supreme court nights we go straight to you because you are the supreme court practitioner, here. let's go to the threshold question. the trump lawyers filed a petition for the supreme court to hear the case. will the supreme court grant that petition and hear the case? >> almost certainly, yes. lawrence, we've seen many times, other cases involving trump that the supreme court doesn't take them. they take very few cases a year, about 60. but i suspect that this is one case that the court can't pass up. and indeed, both sides are basically saying to the court, to the supreme court, take this case, we hear this case. i very much suspect that they will. i think they can order a briefing to occur really quickly, and oral argument to take place in a matter of a few weeks. >> andrew weissmann, what stands out to you in the trump petition to the supreme court? >> two things, one is that as a matter of being a lawyer and in the same field that neal is an, the amount that we have

neal katyal and katie phang, thank you so much for your time tonight. and a big programming note. e. jean carroll is going to give her first interview following this verdict to our very own rachel maddow this coming monday night at 9:00 pm eastern -- what trump's fellow republicans are saying or not saying about that 83 million dollar. verdict that is next. and longer-lasting relief than tylenol rapid release gels because advil targets pain at the source of inflammation. so for faster pain relief, advil the pain away. there are some things that work better together. like your workplace benefits and retirement savings. voya provides tools that help you make the right investment and benefit choices. so you can reach today's financial goals. and look forward to a more confident future. voya, well planned, well invested, well protected. what causes a curve down there? is it peyronie's disease? will it get worse? how common is it? who can i talk to? can this be treated? stop typing. start talking to a specialized urologist. because it could be peyronie's disease, or pd. it's a medical

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for joining us now to consider the year ahead for criminal defendant trump is neal katyal, former acting -- host of the and andrew weissmann is still with us. it seems like the first trial date object smith prosecution in washington is like you to be delayed since that is what, that's the case that the being appealed on the immunity argument. it may be that the most solid trial date we are looking at there is the march 25th trial date in manhattan. >> so, lawrence, first of all let me read you react to all those descriptions in all of those cases. trump is the biggest litigation magnet, and for my profession lawyers this would be a great jobs program, having paid his lawyers, but unfortunately he doesn't. that's why he gets into some of the hot water he's in, including today in new york. i think it's still possible for march 4th or close to that to be the trial date in the january 6th federal prosecution brought by jack smith special counsel in front of judge chutkan. the reason that people think there is going to be the way is that trump has asserted the argument that he's absolutely im

joining us now is neal katyal, former acting u.s. solicitor general who served as special prosecutor for the state of minnesota after the murder of george floyd. neal, good to see you. thank you for being with us. we've gotten a little time to examine the arguments that donald trump's lawyers made to the third district court of appeals. and they did not seem to be buying it in toto, but the fact is that donald trump continues to make this weird point that it's not just this constitutional defense that he is making, that he says he is immune, it's his argument that he must be immune. presidents must be immune. because otherwise they will be hamstrung. his example makes no sense. we do not believe that police should be entitled to do whatever they want to do. we do not believe that politicians should be entitled to do whatever they want to do either. >> exactly, ali. the argument is just not weird. it's constitutionally absurd and totally ahistorical. one of the great traditions that america has had, and what we fought the revolution ab

so you naysayers, i would stand up against neal katyal in court. i would run away.re and highlighting this really important case. i appreciate. it >> thank you for having us. >> and thanks to all of you for joining us today and our new timeslot. you can catch me back here next saturday at noon eastern. would follow us on instagram, tiktok, x and threats using the handle at katie faint show. not going, where msnbc reports, my friend alex witt, it is coming up next. up next my frequent heartburn had me taking antacid after antacid all day long but with prilosec otc just one pill a day blocks heartburn for a full 24 hours. for one and done heartburn relief, prilosec otc. one pill a day, 24 hours, zero heartburn. your shipping manager left to “find themself.” leaving you lost. you need to hire. i need indeed. indeed you do. indeed instant match instantly delivers quality candidates matching your job description. visit indeed.com/hire >>> a very good day to all of you from msnbc world headquarters here in new york, welcome, everyone, to alex witt reports. with breaking n

neal katyal and andrew weissmann, thank you both so much for your time this afternoon.ere so much of the attention will be on the gop candidates, i'll tell you about one internal member from the biden campaign that should stop democrats for a moment from freaking out. plus, the presidents reelection team explains why they decided to fully embrace the dark brandon names, right-wing trolls thought they would play against him. we are back, right against him. we are back, right after a quick break.ng with hiv. i don't have to worry about daily hiv pills because i switched to every-other-month cabenuva. for adults who are undetectable, cabenuva is the only complete long-acting hiv treatment you can get every other month. it's two injections from a healthcare provider. now when i have people over, hiv pills aren't on my mind. don't receive cabenuva if you're allergic to its ingredients, or if you're taking certain medicines, which may interact with cabenuva. serious side effects include allergic reactions, post-injection reactions, liver problems, and depression. if you have

neal katyal, one of america's most distinguished supreme court advocates and scholars who also happens to be my brother in law, and now i have to do this. the follow up line, which is we now have a roadshow going around the country called brothers in law. so this is part of that installment, and we're much, very much looking forward to we've enjoyed milking this for all it's worth for a while. a judge, this is a perilous time for the judiciary. mount vernon has just commissioned a poll about americans attitude toward democracy in the judiciary. we may be able to call it up a little bit later, but it suggests a tremendous polarization about the way americans see the courts with at the moment. republicans tending to favorite and democrats less so. also, division about the way americans think the constitution should be interpreted with democrats more than republicans favoring a living constitution and republicans favoring an originalist approach. can you put this perilous moment in historical perspective? there's certainly been shifts in the judiciary's view of national power versus state

. >>> let's bring in neal katyal, professor of law at georgetown university and former acting solicitor general, and joyce vance, former attorney and professor. neal, what would be the implications of this court deciding for one reason or another, that a former president who staged a coup to try to remain in office can legitimately run for office and be president again? >> yeah, i would read the 14th amendment, section 3 out of the constitution, because in the 1860s, representative bingham and others put that in as an ironclad qualification. you can't give aid and comfort to insurrectionists, like you have to be 35 years old to be president or you have to be a natural born citizen, or you couldn't have been president for two terms. and so if colorado put barack obama on the ballot or put a 20-year-old on the ballot or put arnold schwarzenegger on the ballot, they would be removed because of the qualifications in the constitution. it should be zero difference here. and you know, i'm optimistic that the supreme court will see it that way, and today's decision, joy, to me is a huge deal to

. >> neal katyal, thanks for your time, expertise, for staying longer than we originally asked you tol for you. i'm going to the let you pick up where neal left off, this idea of donald trump's strongest possible legal argument. >> first of all, what andrew did right before the break, which is pity the person who disagrees with neal katyal on the constitution or the supreme court, as a person who sees this in more pragmatic senses, the argument that donald trump is making that i find the most appealing and certainly not necessarily the most constitutional defensible, but it's the one that says that the 14th amendment is not self-executing, because the disqualification in section 3 of the 14th amendment is not as black and white as other qualifications for the presidency in other places of the constitution. it's not like being 35 years of age or being a natural-born citizen. it involves some judgment and certainly evaluation of factual circumstances. in that way, the very fact, if the 14th amendment were self-executing in the way that the colorado plaintiffs argue that it is, you can s

f>>> with donald trump going to the supreme court tonight, we have andrew weissmann and neal katyal lead

. >>> thanks to our legal experts andrew weissmann and neal katyal and the three pulitzer prize-winning history professors who joined us tonight -- david blight and columbia's eric foner. that is tonight's last word, on defendant trump. the 11th hour with stephanie ruhle starts now. ruhl e starts now >>> tonight, the split screens court cases, donald trump using today's a voluntary appearance to air his grievances before the judge. while hunter biden pleads not guilty on federal charges. then, chris christie is out of the race for now, but could he be back as a third party candidate? >>> and what happens when misinformation is given a platform? the collective responsibility to call out the lies, the 11th hour getting underway on this thursday night. >>> good evening, once again, i am stephanie ruhle, live from msnbc headquarters here in new york city. and we are following the breaking news out of the middle east tonight. american led military strikes targeting militias in yemen backed by iran, for weeks, as the war between israel and amos escalated. those militia groups have attacked co

. >>> coming up, neal katyal joins the table. >>> also, the markets are mixed before the bell.out later this morning, we'll bring you the numbers when they come across and get insight on the data from stephanie ruhle and andrew ross sorkin. >>> plus, a live report from capitol hill following a bitter and partisan day in the gop-led house. "morning joe" is coming right back. every day, more dog people, and more vets are deciding it's time for a fresh approach to pet food. they're quitting the kibble. and kicking the cans. and feeding their dogs dog food that's actually well, food. developed with vets. made from real meat and veggies. portioned for your dog. and delivered right to your door. it's smarter, healthier pet food. get 50% off your first box at thefarmersdog.com/realfood rsv is out there. for those 60 years and older protect against rsv with arexvy. arexvy is a vaccine used to prevent lower respiratory disease from rsv in people 60 years and older. arexvy does not protect everyone and is not for those with severe allergic reactions to its ingredients. those with weakene

solicitor general neal katyal and new york times editorial board member mara gay and katie fang.tart with you. difficult to get through the testimony of carroll so emotional and so clear the price she paid for all of this. >> i think people need to realize the confrontation in a courtroom setting from a victim of rape which is e. jean carroll and in the interest of full disclosure, i am friends with e. jean carroll. i prosecuted sexual battery cases as a prosecutor. the confrontation between the victim of a rape and her rapist is always going to be a powerfully emotional and just incredibly traumatizing one and the trauma is really the word that we need to focus on here because number one, this isn't a criminal case, right? this is a civil case, but it's the same emotions that are involved. and we've talked as prosecutors about re-traumatizing a victim of sexual assault because every time they have to tell their stories it's hard and you re-live it over and over again. in this instance when e. jean carroll has been trying to tell her story it has just been interrupted constantly