issue of examining whether seattle's mayor could be charged joining me now, msnbc legal analyst danny cevallosing, danny. great to see you this morning. i want to talk about the basics this morning, which is the sedition act in general. what is it, and could it even be applied here, considering the reporting considering that so many reporting on the call were surprised that the attorney general would raise something like this when it came to charging protesters? >> danny, did you hear me? do you have me, danny? all right. technical difficulties once again, everybody we're going to try to get him back because we do want to talk to my friend danny cevallos. >>> still ahead, a newly confirmed case of coronavirus inside the white house what we know so far, coming up next ? secret aluminum free helps eliminate odor instead of just masking it. and is made with three times more odor fighters. with secret, odor is one less thing to worry about. secret. that life of the party look walk it off look one more mile look reply all look own your look... ...with fewer lines. there's only one botox® cosmetic.

joining me now, msnbc li s n sn analyst danny cevallos. great to see you this morning. >> good morning. >> let's start with michael flynn. since this means the case is likely to go on for several more months, what happens if there's a change of administration and a challenge of the justice department with this motion still in the courts? >> arguely nothing. the executive branch headed by the president is nothing but a curious onlyric. the doj is sort of involved but even if there's an administration and new order is given, that's one way it could change. they could say, oh, never mind, we want to prosecute michael flynn. that could change things. but assuming the d oj decides to do things. >> i want to break things down. how can they say the courts cannot ask its to enforce a subpoena? courts are asked to do this all the time. >> we have to talk about the house and the senate. the house has the power to issue s&ps. a big surprise to a lot of officials who assumed it existed. but the court pointed out way back when congress recognized that

let's get more from msnbc legal analyst danny cevallos good morning, danny. >> good morning, yasmin.g out this is happening, is there any effect -- can it have any effect on the commutation of roger stone's sentence >> zero effect if it had been mooted, there still no defense the judge makes the ultimate decision irrespective of the recommendation of the prosecutor, the line prosecutors and the department of justice, which is what is so frustrating about the case as a defense attorney, we've long been waiting for the moment when theymight occasionally come along and take a look at sentences for run-of-the-mill drug offenders, non-violent drug offenders, or immigration offenders, yet the one time they refuse to do it is in the case of roger stone. >> roger stone. >> yes, roger stone. while they might applaud what happened in this case for this particular defendant, i don't think it's very justifiable. it won't have an effect on the ultimate sentence or the commutation. >> what could happen here? what could be the ramifications here if they find there was pressure put on the prosecutor

joining me now, nbc legal analysts, danny cevallos danny, is this a case to register or are there otherrimes being alleged here? >> so far it's mostly just the failure to register as a foreign agent. this is activity that otherwise could be lawful, but if you're a lobbyist and you aren't registered with the proper agency, then you are committing a federal crime. and what i see from at least this recent guilty plea is that this is classic federal prosecutor 101, they're going with the low-hanging fruit and pleading guilty and the dominos will fall upward. i'm using too many metaphors here, but the point is they usually go after the small fish, work their way up to the big fish. >> danny, while i have you, t decision to hold the president's financial records until the appeal is heard, you read anything into that? >> it's not that big of a surprise. in appeals court time, a delay from september 1 to the end of september is a very short period of time. but in terms of election time, it is an era, an eon because the election is just a matter of days away. i yield a fruits before the actual e

danny cevallos joins us.ould they have a right to an appeal when other states have eliminated the requirement of witnesses? >> these plaintiffs should appeal right away and they have to because time is running out. north carolina is one of only 19 states that has a witness requirement and one of only three that has a two-witness requirement. north carolina legislature passed a law from two to one, they were essentially acknowledging a witness requirement is a problem, but they said, okay, we get witness contact would be an issue, so we'll reduce it from two to one. they recognized the problem but kept the problem. then you have the court here saying, well, even if it is going to cause a problem, it's too much of a hassle at this point and it might end up confusing voters. so they're essentially recognizing there is a danger with a witness requirement and saying, oh, it's probably too expensive and who cares at this point. so obviously i'm paraphrasing, but this is something that should be appealed not because

joining me now, msnbc danny cevallos.eat weekend. >> you, too, yasmin. >> what do you make of florida block hundreds of thousands of convicted felons from voting? >> at first blush it's incredibly unconstitutional, but it occupies a unique space. the 14th amendment, in section 2, vest expressly allows states to disenfranchise, sch means prevent voting, by felons. if florida is allowed to completely disenfranchise them, then they can easily place conditions on them. here, they're not so much requiring a poll tax. instead they're requiring felons to complete every term of their sentence. you can't vote if you're still incarcera incarcerated, if you still have outstanding fines you can't pay yet. that's an incomplete term of your sentence. >> so is it possible at all, danny, for this decision to be appealed before florida's october 5th reg straigistration deadline? >> yes. you have indecisions by not only a lower court but the same panel of this court. pretty clear that reasonable judge minds can differ on this topic, and be

danny cevallos, thank you as always, my friend. great to see you on this friday morning. >> still ahead, the death toll from one of the wildfires tearing across california grows to ten. the wind threat is even higher. >>> as we go to break, a live look at lower manhattan. today marks 19 years since the september 11th attacks. we're going to have live coverage of today's ceremonies in new york, washington, d.c., and shanksville coming up on "morning joe" and throughout the morning on msnbc. we're back in a moment. g on msnc we're back in a moment joint pain, swelling, tenderness much better. my psoriasis, clearer... cosentyx works on all of this. four years and counting. so watch out. i got this! watch me. real people with active psoriatic arthritis are feeling real relief with cosentyx. cosentyx is a different kind of targeted biologic. it treats the multiple symptoms of psoriatic arthritis to help you look and feel better. it even helps stop further joint damage. don't use if you're allergic to cosentyx. before starting, get check

joining me now, msnbc legal analyst danny cevallos good to see you this morning. >> good morning. good to see you too. >> start out by giving us a legal lesson and tell us how a judge can issue an order that applies federally nationwide does the usps have an opening to appeal on that alone >> federal district courts occupy a very small area of jurisdiction, and the phenomenon of nationwide injunctions by district courts is a relatively recent phenomenon. it's only been around since the '60s there really isn't a constitutional or federal stats torrey basis for it. courts just started doing it in the era of civil rights and for other reasonsing and they do have effect. is that alone a basis for appeal it's hard to see you can certainly try and argue that the appeals court, that there is no basis, but that seems to be a long shot. you're better -- the better plan on appeal is to attack the merits, attack the error of law by the lower court. >> so what about the argument from the postal service that this whole complaint was actually supposed to go to the postal commission and not to c

joining us now, msnbc legal analyst danny cevallos.help to keep him off the ballot, and has it been met here? >> in georgia they require 13. the argument is two-fold. they say, we had no idea we were being set up for kanye west. i think this is a compelling argument. one of the electors was the notary who signed or notarized all of the other electors' forms, and virginia law does provide as do most states that a notary can't have a financial interest because electors in virginia are paid something like $50 a day. technically the notary has a financial interest. that, too, might be a compelling argument. there are a few other arguments as to the validity in virginia. very interesting case, interesting to see how the court handles it on short notice. >> and in arizona, can west simply change his party registration to get around the law? >> he can. this is fascinating. in arizona, there are exactly two ways you can get on the ballot. one is if you're a registered member of a known political party. and in arizona, that's republican, democr

danny cevallos, thank you as always.good to see you, my friend. >>> still ahead, everybody, disney's live action remake of "mao lan" is facing criticism over its filming location. willem marx join us us next to explain the controversy. we're back in a moment. to explain the controversy. we're back in a moment you should be mad your neighbor always wants to hang out. and you should be mad your smart fridge is unnecessarily complicated. make ice. making ice. but you're not mad because you have e*trade which isn't complicated. their tools make trading quicker and simpler so you can take on the markets with confidence. don't get mad get e*trade and start trading commission free today. to deliver your packages. and the peace of mind of knowing that important things like your prescriptions, and ballots, are on their way. every day, all across america, we'll keep delivering for you. ...to soccer practices... ...and new adventures. you hope the more you give the less they'll miss. but even if your teen was vaccinated against men

let's get to legal analyst danny cevallos. have a couple questions, danny, i guess i think the first thing is, could a federal judge here reject this substitution, where the doj is essentially stepping in for the president's private attorneys and becoming the defendant? >> yes. a judge could reject this, but going back, this is not unprecedented. in fact, federal law allows for the substitution of the united states for a federal employee, in all kinds of cases, including cases against congress people, like senator schumer has enjoyed the benefits of this law. there's a wide scope of the federal employees that the law allows the united states to be substituted. and the case has to proceed against the u.s. under the federal court claims act which is very difficult for plaintiffs to succeed in. so, this happens fairly often, less often with the president. and in this case, this may be one of those cases where a judge may send it back down to state court. and here's why. because the certification by the doj does automatically get

. >> all right, danny cevallos. glad to see your daughter back in studio, my friend. thank you as always. >>> still ahead, everybody, the latest on the wildfire threat in california. it's a state of emergency as firefighters race to contain flames that are burning across the state right now. we're back in a moment. we're back in a moment i don't know what happened. (burke) this? eh, nothing happened. (driver) nothing happened? (burke) nothing happened. (driver) sure looks like something happened. (burke) well, you've been with farmers for three years with zero auto claims. (driver) yeah? (burke) so you earned your policy perk: accident forgiveness. now instead of this being something, it' s- (driver) it's nothing! (burke) get a whole lot of something with farmers policy perks. they should really turn this ride off. ♪ we are farmers. bum-pa-dum, bum-bum-bum-bum ♪ go go go on a real vacation. visit go rving.com or your nearest rv dealer. a lot goes through your mind. how long will this last? am i prepared for this? are we prepared for this? with fidelity wealth manageme