joining me, msnbc legal analyst danny cevallos.'s talk about the numbers on the screen for acceptances. how does a charge like this get leveled, in fact? break this down for us. >> the doj cites a statistic that asian-americans and white applicants are one-fourth to one-tenth as likely to get admissions as black applicants who are comparable applicants, and that last part is what vexed this issue by the supreme court issued many decades ago. what is that? is that straight up grade or a holistic view, looking at the entire student, were they in marching brand, were they in done jens & dragons club -- hello, by the way -- what was it besides classes and grades. the supreme court has never really defined what exactly diversity is and what the goals of diversity are. >> i talked about number, and i want to bring that up. 20% of graduates are of asian decent, 14% hispanic, 8 percent are black, and 7% are multi racial. the administration, we know now, has rescinded the guidelines using those precedents. so where does that leave universit

joining me now, msnbc legal analyst danny cevallos. we have a bunch of stuff to run through with you, danny, so let's run through it. >> yeah. >> first and foremost, this idea that the president seems trying to builds toward, which is in fact, he thinks this election will be rigged because of mail-in voting. there is no evidence to suggest that anything nefarious is happening across the board, so important to put that out there. if in fact he believes it is, there could be a redo of the election, completely unprecedented. is this type of thing even allowed, a redo of federal election? who dictates that? >> federal law dictates that a the election be held on a specified tuesday in november. it probably prohibits doing the election over. the election is over when the electors and the electoral college say it's over. so, with no constitutional guidance, the likelihood of a do-over for the election if the president declares it rigged is just not very likely. it wasn't intended by the constitution. there are provisions in cases, for example

joining me now, msnbc legal analyst danny cevallos. danny, thanks for joining us this morning. >> of course. >> really appreciate it. let's talk for a moment about ballot harvesting. since ballot harvesting provision has already been the source of recent fraud, could it feasibly pose a legal problem for jurisdictions that allow it? >> yes. even though they may currently allow it in their statutory framework, it could still pose a problem if because of the increased vacuuolume. you see a lot of the provisions that pre-exist, for example, mail-in voting, they really end up applying to a small percentage of voters wrchl you run into potential constitutional problems is where you have this massive volume, this uptick in people who are actually using this system. then with that increased volume, the republicans argue comes an increased risk of fraud. so collecting ballots in this way, en masse, big numbers, could result in a greater chance of them being fraudulent. at least that's the republicans' argument. >> so what about the concern over

danny cevallos joins us this morning.l us the serks surrounding this extradition here and whether or not his age, being that he's 17 years old, how that's playing in to this reluctance to send him back to wisconsin. >> we commonly think of extradition as between the united states and another country, but the constitution provides through its extradition clause for states to be required to hand over a defendant to another state, and normally it's because that offender has run away to that state and it allows the states to enter into an agreement to hand over defendants for prosecution in the prosecuting state. but his juvenile status will affect his case in another way because he's already hinted through his attorneys they're going to make a well regulated militia defense and argue that back in the days of the colonies, different states allowed, even required underage persons to carry firearms and this defendant is no different than those defendants back when the framers envigsd a militia under the 2nd amendment. >> it's u

joining me now, msnbc legal analyst danny cevallos. good morning, danny. see you on this monday morning. >> good morning. >> i want to start with the basics here. what is the constitutional basis for issuing executive orders? >> nobody's really sure. the constitution doesn't each speak of executive orders, and congress hasn't really defined what they are, but we know they exist because presidents have issued them and the supreme court has addressed their constitutionality, and basically the supreme court looks at whether or not the executive order is founded on either the constitution or congressional statute. and then they use this three-part analysis. either the president is acting hand in hand with congress, in which case the executive order has power. sometimes he's acting where congress has expressed no opinion one way or the other on the topic, and he's sort of in this middle area, and then sometimes the president acts against congress's will in which the supreme court says his powers are at its lowest ebb. so the fact that congress is already coming

i'm danny cevallos. we lost yasmin there for a second, but just before the unanticipated break, she asked me to break down the letitia james lawsuit against the nra, the national rifle association. while it's over 100 years, they used the non-profit and members dues and millions of dollars that the nra has to line their own pockets and engage in self-dealing. yasmin talked about some of the allegations like plane trips to the bahamas and vendors, giving 108-foot yachts for use by senior leadership, and the new york attorney general has the statutory authority to enforce charitable organization law. it can do a lot of things. it can sue to get rid of the leaders of the membership, get rid of bad management by self-dealing and disruption and an extreme remedy, it can dissolve the corporation completely, take the assets about, and redistribute them. that's what the attorney general is seeking to do in this case. the nra has fought back with its own lawsuit alleging this is a violation of the nra's first ame

joining me now, msnbc legal analyst danny cevallos. morning, danny. >> good morning. >> a lot of folks following this case pretty closely. break down why the appeals court decision vacated the sentence and the possible next steps here in this case. >> ever since me decades ago the case that gave us the maneuver "fugitive," the supreme court has allowed a conviction to be overturned if there's too much pretrial publicity. several decades ago nobody imagined publicity would be what it is today with the internet, social media, and everything else. right off the bat, challenging that is an uphill battle, and then appealing a district court's daerlgs etermination isr uphill battle. all of this pretrial information tainted his ability to have a fair trial and the district judge didn't allow him to inquire about it, however they may have been biased by it. so this case is going back down to the district court not for a new trial on the liability phase but for a new trial only on sentencing. and really the only issue is whether or not he gets

. >>> joining me now, msnbc legal analyst, danny cevallos. danny, good morning to you.o see you this morning. >> good morning. >> freedom of speech, i guess, has some limits. >> lots. >> are any of those limits being drawn upon in this executive order? or do the plaintiffs have a pretty good case here? >> i can already tell you what the trump side's argument's going to be in response to this lawsuit. they're going to say, we're not discriminating against free speech, we're not discriminating against chinese americans. we're not suppressing your right to religious expression at all. you can still use other apps, you can use other means of communication, you can open up your window and shout out on to the street. your first amendment rights are not being suppressed, they're going to argue. they're just going to say that you can't use this particular app. and they're going to say, they're not discriminating against chinese americans or national origin, they're discriminating against a foreign company and arguably, a foreign country. and we have to be clear that discriminat

joining me now msnbc legal analyst danny cevallos. ning to you, danny. >> good morning. >> it seems that the full panel of judges, they didn't necessarily buy the argument. break down the case. >> you have three parties in the case, defendant flynn and judge sullivan at the district court level. what happens the prosecution and the defendant are very much on the same side. they both want to drop the case. flynn has already pleaded guilty. the case is a little different than preguilt, preplea, where the prosecution won't always drop the case. the rules require judge sullivan to have a hearing. this appeal is not about something that judge sullivan did. this appeal, this mandamus action is about taking away the choice from judge sullivan, before he even has a chance to have a hearing. so at the rejudge hearing, which is normally how it works, the panel ruled in favor of flynn, i guess, in favor of the prosecution. now the entire panel, the en banc panel, all three judges are agreeing to rehear the decision. but it's only about whether or

msnbc legal analyst danny cevallos joined es me this mor. good morning. >> good morning. >> in this letter that i mention, they talk about hunter biden and burisma as well. talk about this, danny. >> the subpoena duces tecum is for documents only. it may be revealed to more than one person in a committee. the documents can be from all over and the republicans on the committee can build a case from whatever circumstantial evidence they can get from all those documents, but it is a broad swath of documents for a very broad investigation. if you'll recall, last december the inspector general for the justice department concluded that although the initial russia investigation was valid, the fbi made a lot of mistakes. this is going before a pre-mueller report era. it was the genesis of that mueller report and the inspector general report. it's taken us several years back. to that end, senator johnson is talking about the possibility of joe and hunter biden actually having ukraine connections that were -- well, let's just say, not great. and so --

. >>> joining me now is msnbc legal analyst danny cevallos.ing. >> good morning, yasmin. >> it's in addition to existing election law in the state of new jersey. it is not an elimination of in-person voting. so what is the problem here? >> all of these cases can be boiled down to one conflict. on the republican side, they're arguing that any time you increase ballot access, you increase the possibility of flood, whereas, mostly on the democratic side, you're seeing governors, in this case, for example, trying to simply increase ballot access by allowing mail-in voting, and the republican argument here is that governor murphy's order here is an order by the governor. and the legislature has the sole responsibility most of the time for determining how elections are supposed to be run. so that is the main gist. even though republicans acknowledge that allowing more people to vote will allow increased access to the polls, it increases the danger of voter fraud by allowing -- by having a system that isn't ready to handle this increase in ballots wh

danny cevallos, thank you as always.o see you. >>> still ahead, everybody, the president and his latest attempt to secure his financial records. the latest in that ongoing battle coming up next. n that ong battle coming up next. i like to recommend pronamel to my patients. pronamel will help push the minerals back into the enamel, to keep the enamel strong. i know it works. and i hear nothing but great things from my patients that have switched to it. >>> welcome back. a new york federal judge has dismissed the latest attempt by attorneys. district judge victor marrero says the trump team failed to show that the subpoena to trump's accountant was issued in bad faith. he also argued that the eight years of financial records was overbroad and was harassment. he wrote this. the judicial process did not transform automatically into an incidence of incapacitating harassment and ill will merely because the proceedings potentially ma -- >>> all right. still ahead, the president continues to rail against mail-in voting, but he's

. >> joining me now, msnbc legal analyst danny cevallos. good morning. good to see you this morning. >> good morning. >> talk to me about this. is the judge likely to find the subpoena overbroad? >> no, he's likely to find the opposite, i guess, which is underbroad. the trump argument here is the grand jury subpoenas are overbroad because the investigation, they say, was always about hush money payments to women and that's it. it's limited to that. and vance's response is essentially, no, you're the only one saying that. we never said it's limited to michael cohen. it might be much broader than that. and all that stuff you've been seeing, yeah, take a look at that, and that is -- you can say that's the scope of our subpoena. you have to understand that grand jury subpoenas enjoy a presumption of validity. so the burden is really on the trump team to quash the subpoenas or strike them down. a court is going to give deference to grand jury subpoena in a case like this. >> so two things here. are they not required to basically be forthcoming about exactly w

joining me now, msnbc legal analyst danny cevallos. this is interesting.ce with the subpoena helped the case that is still in court -- or does it help with the case? >> it does. as deutsche bank provides documents to the prosecutor, keep in mind those documents will remain secret. anything brought in by the grand jury remains highly secret, and so that will inform prosecutors about the scope of their investigation. this really acts as two different data points for comparison. the documents from deutsche bank show what trump puffed up or may have puffed up to the bank to say, hey, i have all this money, loan me more money, whereas, tax returns on the mazur side may provide a true picture of what his finances actually were and possibly show a disparity between what he told banks for purposes of loans, which would be a higher numb presumably, and what he actually had in the form of his tax returns. that's independent of any individual problems with his tax return. >> what does this tell us about the new york investigation, about the breadth of the new york in

joining me nbc legal analyst danny cevallos. good morning, danny.d to see you this morning. >> good morning. >> i guess the question is is there any validity to the claims against this nevada law, anything? >> the constitution provides that the state, not the federal government, shall regulate the time, place and manner of voting. period. except not period. the constitutional allows the federal government or congress to impose some minimum limitations, or alter some regulations. and then, of course, any laws have to comply with individual constitutional protections. and that's why this lawsuit is brought not by the federal government, but by the trump campaign, the republican national committee and nevada republicans because they're claiming, in addition to violating federal law, this law, nevada law, violates individual voting rights protections. the equal protection clause, for example, by treating voters differently than other voters. and also it violates federal law which requires the election to be held on a particular day. and by creating this

joining me is the msnbc legal analyst danny cevallos. good morning, danny. >> good morning. >> clear this up for me here. are the state attorneys asking for both a democratic and republican suits to be settled together in the state supreme court? >> yes and no. the state supreme court can only reach down in a lower court or in this case it's commonwealth court. it has no power to affect a federal district court's decision on the case, but in a way it can do that indirectly. by reaching down and taking over the case which the supreme court can do in rare instances, but it does have that power, it can decide these important issues of pennsylvania law. and once it does so, the federal court is likely instead of going forward with deciding the case do what's called abstain from deciding it. so federal courts will, in cases where there are important state issues to be decided, they will stay their hand and let the state court litigation play itself out. and that's exactly what is trying to be done here is the democrats want that court action t

joining me, msnbc legal analyst danny cevallos. is is something, danny, folks are worried about coming november 3rd, that many, due to coronavirus, will be using mail-in voting for this year's election. let's talk about what's going on in puerto rico and then talk about our country. do you think this decision in puerto rico could have gone any other way constitutionally, and if so how. >> it's interesting you use the word "constitutional" when it comes to puerto rico. they're one of the areas of the united states that uses the nether world. citizens don't have a right to vote in the national presidential election, but they do have some voting righting guaranteed by the constitution and their own laws and constitutions that they have in each territory. so these citizens of puerto rico in the primary, and, remember, the primary is totally different constitutionally than the presidential election because the primary is generally governed by the states or in this case the territories. they have a lot of flexibility. some states like iow

joining us now, msnbc's legal analyst danny cevallos. good morning. >> good morning, yasmin. >> i want to start with a civil investigation by an attorney general and a criminal investigation. can cooperation with one lead to the other? does it make sense that eric trump cancelled the voluntary interview here? >> i'm a defense attorney, so it does make sense that eric trump canceled a voluntary interview. unless there's a 0.0% chance you're going to do that, it's not advisable to do that. they're different from district attorneys in that they also have broad civil litigation powers, and particularly in new york, the legislature has given the state attorney general considerable power to investigate fraud in the business sphere, and they can do than seek a court's order stopping that alleged fraud. this attorney general in new york did exactly that back in 2013, i believe, against, guess wharkts tru what, trump university. this is after the state attorney general investigated fraud in the business. >> danny, we have had considerable coverag

. >> nbc news legal analyst, danny cevallos, good to see you.hank you for joining us today >> thank you >>> as schools reopen with covid-19 still very much around, who is liable if, or inevitably, when, something goes wrong we'll take look at that coming up >>> plus the big news of shares of mgm soaring today, making it the best performer details ahead. >>> you can always watch us or listen to us live on the go on the cnbc app "the exchange" is back in two minutes. hy td ameritrade designed a first-of-its-kind, personalized education center. oh. their award-winning content is tailored to fit your investing goals and interests. and it learns with you, so as you become smarter, so do its recommendations. so it's like my streaming service. well except now you're binge learning. see how you can become a smarter investor with a personalized education from td ameritrade. visit tdameritrade.com/learn ♪ but what if you could stdo better than that?k. visit tdameritrade.com/learn like adapt. discover. deliver. in new ways. to new customers. what if you co