joining us now, january six investigator -- , also joining, former fbi general concert, andrew weizmann. he is the host of the msnbc podcast, prosecuting donald trump. greetings, everyone. >> you and i were on set to get there when the report broke. i do wonder if it was always inevitable that donald trump's lawyers were voting to cite this report as soon as it came out. also, talking about this specifically is a motion to compel discovery. i'm curious why this becomes relevant and that type of filing? >> it's not. to elaborate, yes, it is inevitable that he would make this kind of motion. it is something that is for a different audience than the court of law, the court of public opinion. there was no finding that current president will fully, intentionally retained, or separated classified information. and the same way, there was no find in what has led to former vice president pence. by contrast, a grand jury has voted that there should be charges, and there are charges, against donald trump. that is a select argument that what has been reported is dead on arrival. that is, there is n

. >> joining us now, andrew weizmann, former general counsel and chief of the criminal division fromk. he is the coauthor of the new book, the trump indictments, the historic charge in documents of a commentary, available on february 27th. also, neal katyal, former solicitor general, he is host of the podcast courtside with neal cottrell. there are both msnbc legal analyst. that gives me your home court. the supreme court of the united states. to the point that we just heard from justice kavanaugh that there is a federal statute, an insurrectionist could be prosecuted under that, and in the guilty verdict there that the statute actually specifies, can't hold office, doesn't take care of it. >> unfortunately, i heard zero answer from the defenders at the colorado supreme court decision today, lawrence. i really sure wish that professor larry tribe argued this case. because the colorado supreme court was left defenseless in today's proceeding. you know, oral arguments are not always decisive but it can crystallized issues, i've watched more than 500 oral arguments, and the goal is alwa

. >> tim o'brien, andrew weizmann, thank you very much for starting off our discussions tonight. >> thank you, lawrence. >> you're welcome. >> when we come back, ohio's senior senator, democrat sherrod brown, joins us next. ♪ ♪ ♪ ns us next. ♪ ♪ ♪ only at vanguard you're more than just an investor you're an owner. that means your priorities are ours too. our retirement tools and advice can help you leave a legacy for the ones you love. that's the value of ownership. it's time to feed the dogs real food, not highly processed pellets. the farmer's dog is fresh food made with whole meat and veggies. it's not dry food. it's not wet food. it's just real food. it's an idea whose time has come. (sung) febreze! i use febreze fabric refresher everyday. to make my home smell amazing. on my bed... my couch... my jacket or jeans. in between washes. even shoes. febreze doesn't cover up odors with scent, but fights them and freshens! over one thousand uses. febreze fabric refresher. with nurtec odt, i can treat a migraine when it strikes and prevent migraine attacks, all in one. don't take if allergic

. >> bradley moss and andrew weizmann, thank you both for starting off our discussion tonight. >> havenight. >>> coming up, donald trump's lawyers filed their final brief with the supreme court today before oral arguments on thursday about whether donald trump can be bought from the presidential ballot. for some reason, they forgot to address every word of section three of the 14th amendment, and every word counts in this case, as neal katyal will explain, next. ♪ ♪ ♪ ext. ♪ ♪ ♪ fisher investments is different than other money managers. (other money manager) different how? aren't we all just looking for the hottest stocks? (fisher investments) nope. we use diversified strategies to position our clients' portfolios for their long-term goals. (other money manager) but you still sell investments that generate high commissions for you, right? (fisher investments) no, we don't sell commission products. we're a fiduciary, obligated to act in our client's best interest. (other money manager) so when do you make more money, only when your clients make more money? (fisher investments) yep. we d

. >> joining us now, andrew weizmann, former general counsel and chief of the criminal division from new york. he is the coauthor of the new book, the trump indictments, the historic charge in documents of a commentary, available on february 27th. also, neal katyal, former solicitor general, he is host of the podcast courtside with neal cottrell. there are both msnbc legal analyst. that gives me your home court. the supreme court of the united states. to the point that we just heard from justice kavanaugh that there is a federal statute, an insurrectionist could be prosecuted under that, and in the guilty verdict there that the statute actually specifies, can't hold office, doesn't take care of it. >> unfortunately, i heard zero answer from the defenders at the colorado supreme court decision today, lawrence. i really sure wish that professor larry tribe argued this case. because the colorado supreme court was left defenseless in today's proceeding. you know, oral arguments are not always decisive but it can crystallized issues, i've watched more than 500 oral arguments, and the goal

joining us now, nbc news legal analyst, andrew weizmann. as until monday to appeal. how do you think that this plays out? >> well, i think that i comment on is that we get so sick and married to the crazy. this is a 50-page decisions that's, with no disrespect to these judges that says, guess what. presidents can commit crimes. this idea that we're really saying this is a really wonderful opinion, of course it is. and it's what it means to be a nation of laws. but it is also obvious. no one has ever thought that there would be a president or a former president who would take the position that they are free to commit crimes. and not just any crimes, these are crimes that fundamentally change what it means to be an elected official. what you're saying that i can actually obstruct peoples power to put me out of office. so as a court of course was right, and it presents a conundrum for the supreme court. there's no question that donald trump will try to get the supreme court to rule on this and in many ways you can imagine why the supreme court