joining us now msnbc legal analyst danny cevallos. thank you so much for being here.s held off resuming services because they wanted to know what the fifth circuit is going to do, one of the more conservative in the country. but there may be some smaller clinics. what sort of liability would those providers have if a clinic provided -- performing an abortion during the two days when the law was suspended? >> unfortunately the answer is who knows because with the fifth circuit we get a very terse two-page order effectively granting the administrative stay, putting that law back into place in this judicial game of ping-pong while we awade the biden administration's response, after which it could go right back to being stricken for the time being, but it's important to realize that the fifth circuit for most lit begans is effectively the supreme court. all the caughts are because they don't hear a lot of cases. it's likely to hear this one, but we may see some more ping-ponging before it gets up to the supreme court. >> danny, you wrote a piece over the weekend on nba pl

it fired her for performance issues but there's a bigger picture here nbc news legal analyst, danny cevallos is with us. danny, this lawsuit specifically zeroes in on medical conditions that would keep an employee working from home. but with covid, seemingly here to stay, are the implications of this much wider? >> yeah. in march of 2020, did the employment world change? in other words, when we all spent months, if not years, working from home, can an t wor from home or employer now claim that working from home or request to work from home is no longer a reasonable accommodation after a year and a half -- year and a half of everybody doing it and that's exactly what happened in this case in march of 2020, just as covid was exploding, the plaintiff here was diagnosed with obstructive lung disease and requested a reasonable accommodation. her employer, eventually, said you got to come back to work and denied her request >> danny, a lot of companies leg implemented work from home during the pandemic. do you think that changes their ability to legally claim that in-person work is necessary?t emp

you we want to bring in our panel, danny cevallos and democratic strategist and have your political playlistsussman. welcome to both of you. emily, i want to start with. you it's mention versus everyone. these days, apparently. progressives have shift jested that climate change measures are a red line for them. so, is his opposition going to blow this whole thing up? i >> certainly hope not. it feels like a lot of people are in deal making mode, which they absolutely need to be. you're reporting pointed out that biden has been at the white house all weekend making calls, which is good. progressives in the senate, in the house, have indicated they are in deal making mode. which is great. pelosi, the last couple of months, has been i think the most aggressive in trying to actually get to a deal here. the ones who have not been so much on board in making deals are in the senate, which is really holding this process up. i feel like as we're going through each piece of this reporting, this pieces out, this pieces in. i feel like i just what -- the next thing i want to hear is they have a deal. co

who dropped the ball, danny cevallos? know yet but an investigation will look the a all those people i mentioned in my column. you have the first assistant director, the armorer, who's supposed to be not only check the weapons, be in charge of the weapons but also sometimes train actors how to use these weapons, and you have on a set overlapping areas of responsibility, so safety would be the responsibility, primarily, of the first assistant director but then you look to the armorer to be the one to handle the weapons and of course the stunt coordinator coordinates the stunts. they have big safety meeting in advance. they are supposed to check all this stuff. there are supposed to be overlapping areas of checks on things, especially things like firearms, which the general rule is, no live ammunition on a set ever, ever, ever. >> it seems as if, though, obviously, there was a check that wasn't made, and i want to re-read this news from the "new york times," because you have two accidental gun discharges onset days before a

nbc news' danny cevallos is with us now how will the judge go by finding strong bias in jurors? could it be realistic by the former president >> no, it is not realistic and the judge conceded that. even though they will ask about strong feelings between trump and giuliani, it's if those feelings will interfere to be fair and impartial to the government yet they pulled a strategic maneuver to minimize the importance of giuliani and trump by dropping one of the notable charges, the influential charges for trying to oust the u.s. ambassador marie yoev v norv it. that was a couple years ago, long time to remember. but they're trying to make trump less of an issue, they can never make him a nonissue, and the judge has to sit through that now. >> the prosecutor told the former judge he expects president trump and rudy giuliani to be mentioned very peripherally in this case. do you see that happening? >> no, i see it beginning mentioned peripherally and then some a lot more than peripherally all in all, all of these charges, the sin kwan none lead back to rudy giuliani and trump. even

. >>> we want to bring in the production designer marcus coolly, and danny cevallos. santa fe sheriff's department says they do not suspect foul play in this incident at all but could we still see other criminal consequences with this situation? >> sure, when they say they don't suspect foul play they're talking about anything intentional. but there certainly could be reckless or at least criminally negligent conduct in this situation. and in the criminal sense you do need more than ordinary negligence normally to charge a crime, something along the line of recklessness where somebody consciously disregarded unknown risk. when it comes to firearms there are a number of different protocols on set and there are a number of different folks responsible with overlapping areas of responsibility, including the first assistant director, the armorer, the stunt coordinator. so the investigation will center on what exactly those folks did in the hours and maybe even days leading up to the shooting. >> you know, danny, according to that new police search warrant here the assistan

joining me vlad villegas and dan danny cevallos. alec has tweeted his sorrow, this is a star filmmaker killed. a mother of a child. and alec baldwin is also the producer of this film, not just the star of it. >> reporter: andrea, that's correct, we have this tweet moments ago shared by alec baldwin. very emotional. i will read it. he says there are no words to convey my shock and sadness regarding this tragic accident that took the life of halyna hutchins, a wife, mother and deeply admired colleague of ours. i'm fully cooperating with the police investigation to address how this tragedy occurred and i am in touch with her husband. and for now what we know, she was pronounced dead at the hospital. and the director joel sosa hurt in the incident was released from the hospital, according to the spokesperson, andrea. >> it's hard to understand how this happened. it's a huge investigation. danny cevallos, i know there's indications in the past, there's are liability issues, assuming as we do, but the handling of weapons, i was lead to be

joining me right now, msnbc legal analyst danny se value cevallos, and katty kay.hat is the best case the biden administration can make that trump can't claim executive privilege? and is it strong enough to stand up to a legal challenge? >> the biden administration can say that they are not going to shield what they perceive as wrongdoing by the former president because when it comes to wrongdoing, even though we don't really know the full contours of executive privilege after the decades since the nixon cases, we know it exists. we don't know how far it goes, but we know this. it does not protect wrongdoing. but the biden administration must thread a needle here. they don't want to create a precedent that by simply invoking the word wrongdoing that congress can get ahold of presidential papers and testimony because what's good for the goose then becomes good for the gander and the biden administration knows that should they face a republican congress the same thing could happen to them. >> okay, but danny, the actual events that we're talking about they did occur

. >> joining me now is msnbc legal analyst danny cevallos.eriff there having reported on this the last couple of days. i didn't answer a lot of questions. in fact, i kind of wondered who it was who was legally representing her. i felt like there was a possibility there was more exposure there when it comes to her statement. she talks about in this statement how she puts blame on the fact that she was actually working two jobs versus one and you tweeted about this. you said the "rust" armorer's legal team said she was one person forced to do two jobs. that's a double-edge sword. there's blame on the bosses, but it sounds like an admission that she gave only 50% to the armorer job. >> yeah. i agree with you and the sheriff. i think that statement -- i'm sure her council are very good at what they do. but respectfully, i think that statement they issued was a bit of a stumble. because it does raise questions. but she does attempt to blame the producers. she's saying that, hey, they made me do two jobs. essentially -- and i'm pair phrasing, i cou

let's dive into all of the legal and political implications here with msnbc legal analyst danny cevallosily tish sussman. we expect this to drag on now. and here's what cynthia oxney told us last hour. >> what trump has learned over time is if he can stall long enough things go away and it's worked for him. that's what he's hoping is going to happen here. >> so how long, realistically, can he stall for and what are the implications of that, danny? >> things are a little different this time around because congress didn't start as it normally does with negotiations. hey, would you think about coming in and giving us documents, no, they went straight to subpoenas in this case. but that doesn't mean that donald trump still can't cause a major delay. just because he is the ex-president and not the current president, the supreme court has held in a case many years ago involving nixon, called nixon 2, that a former president can be heard to mount an objection or raise executive privilege, although the extend to which that power exists if it's against the wishes of the incumbent president, is of

let's bring in danny cevallos, dave, you are a florida guy, you have been raised around guns like me. can you just reiterate that, that's just the basics of anybody handling a gun. >> it's the basic, joe, it's going to results in many lawsuits. the bigger question is will it resolve in criminal charges. my counter part out there says everything is on the table. they're going to focus on two of the three people you mentioned. the 24-year-old armor and the assistant director who handed the gun to alec baldwin. i do not believe alec baldwin will be charged because he was told the gun was safe and it was cold. and also when the gun went off, he was practicing rehearsing his cross drop, not horsing around. and so those are important facts in his benefits. still, if there is a crime here, it will be involuntarily man slaughter which is a fourth degree in new mexico law. it's unintentional killing regarding from a reckless disregard into others. it's like someone shooting into the air on new year's eve and the bullets killing someone. the investigators want to know the chain of custody of th