joining us know is melissa murray, she is host of strict scrutiny podcast.ou for coming on the show. this is, i don't understand why this is not headline news across the country and it is shocking and it is unacceptable if you believe in the independence of the judiciary. how can this be going on? >> that is the question. everyone has been talking about the purported leak in the decision. but that's not really the story. that is burying the lead. the real story is this coordinated, highly financed campaign to get access to these justices and actually they were successful. they got access to some of the most conservative justices. we don't know if it shaped the outcome in any decision. but we do know that they had unprecedented access. and there is not just this reporting in "the new york times," there was also reporting earlier this year in "rolling stone" and "politico" that talked about the visits going to chambers at the supreme court to pray in chambers with some of these justices. this is a highly coordinated campaign. it should be investigated. it is h

this is a chance to have it worked out in the next few weeks of the session. >> katie benner, melissa murrayank you both. i hope you don't have any travel plans next week. let me make it clear, both of you will be working. when we come back, where to begin with the newest controversies over what elon musk is doing to twitter. we'll try to sort it all out with our own jake moore. but first, unimposing moment. earlier this week, i peeked out my window and saw the best kind of christmas miracle. al roker, home safe and recovering after a very long hospital stay. he and his wife debra being serenaded by the entire today show family with some holiday cheer and fantastic christmas carols. and i can say all of us were overcome with emotion. welcome home, al. caucus comes into power take aim at this committee that the never wanted to see empowered, and they will surely try t discredit once they are in the hot seat >> well, in just a few weeks katie, senate democrats ar going to have subpoena power are you hearing anything about how they could use that? >> you know, it's gonna be interesting to see w

joining me now is nyu law professor melissa murray. melissa, if the texas a.g. is able to i.d.who change their gender, what could they do with that information? >> the information will be in the hands of the government, which always make individuals nervous. but particularly those who already have been targeted by the state. so, for example, of a trans person were stopped by the police for a traffic violation or something and the gender identity noted on the driver's license doesn't comport with what the officer is seeing because texas has required them to change back the gender or possibly done something like that. it could open that person up to harassment. the fact that they are collecting this, that they have data identifying that the information and maybe even identifying where these people live and where they can be found, it's all about creating a climate of fear that makes it difficult for trans people to live in texas. again, as you say, this is not the first step to texas is taking against trans people. there was earlier the question of parents and whether they are pr

i want to bring in msnbc legal analyst, melissa murray. or of the supreme court. she's going to help break this all down. melissa, first, tell us what are the legal streets saying advance of tomorrow? what are they looking for, what do they think about criminal referrals? give us a little window. >> well, we know as little as you do. where everyone is going to be looking tomorrow to find out what is coming out of the january six committee. but what we do know is this. this committee is not like an ordinary criminal investigation. so while it can make recommendations, for investigative purposes, it can't actually do anything like bring criminal charges. that's why these referrals to the department of justice are so important. they will make these recommendations of criminal referrals to the department of justice, and the department justice will take it from there. recognizing that they will actually have to assess whether or not there is evidence that would support a conviction, if they were to actually take this to the next level and prosec

john i'm joined by melissa murray, professor of law -- but of the script pockets.e correspondent the nation. it's good to have you both here in person. i want to start with this initial point and kate made me at this point when she was giving me her preview of the case a few weeks ago and i couldn't believe that it was true which is that the plaintiffs has sustained no injury. right? i'm not missing this. no one made her make a website, right? there's no dispute between two parties that's happened. this is purely the hypothetical about the future? >> purely hypothetical, purely speculative, purely theoretical. it is the reason why you have all of these completely outlandish, kind of offensive hypotheticals from justice alito and company. the black children and kkk costumes. none of this would be happening if we actually had facts on the record as we discussed in this case. >> we in case you got this weird, almost law school [inaudible] in the arguments today that were really strange and very long. >> yes, but there was a point then and what they are trying to do is

back with, us melissa murray, professor at nyu school of law and an msnbc legal analyst.grab in the guise of a legal theory. the theory has no basis in law, history, or president idea that state lawmakers exist free of any constraints composed by the constitution and state courts makes a mockery of the separation of powers which is the foundation. which is foundational to the american system of government. melissa, do you agree? >> i think that's as it all, jonathan. to call this independent state legislator theory is really just reintroduced-y it's really more like fan factions in the fans here really love it or conservative legislators who use the and -- to further consolidate their authority. this case, moore v. harper, began with a partisan gerrymandering that this north carolina supreme court struck down because it violated the state constitutional provision requiring free and fair elections. the legislator than countered and filed the suit arguing that the state court has no authority to interpret north carolina state constitution to provide for free and fair electi

. >> joining us now, today nelson, president director counsel of the legal defense fund, and melissa murrayl analyst. professor mary, let me begin with you and your reaction to what you heard in court today. it's just an open mic, no specific question. i wouldn't presume that. go ahead -- >> this is the kind of question i like most, lawrence. [laughter] so this is a rollicking argument from start to finish. as you say, they independence day legislate the raid even doesn't deserve the moniker of theory. really is more like than diction and the fans here are republican legislators in various state houses across the country who would love to be able to further consolidate their power by being freed by the constraints of having state courts use state constitutions to constrain them or restrain them for the purpose of having a free and fair elections. so, what we heard here today, as justice kagan said, it's a monumental theory that will have enormous consequences if this court chooses to credit it. and it did seem as there was three people, on this court, who were enamored of this theory / that

also with, us melissa murray professor at law at the new york university.nd jennifer -- rubin, a washington post political con must. and -- melissa murray, let start with you because for all of these questions that i have about why the republican party can't quit trump, actually the last couple of weeks a lot of people who were die hard trump supporters are quitting trump. >> i think it's shown that staying on the trump train isn't necessarily a surefire way of getting -- the kind of winds the republican party wants. again, many people in the country as the midterm election should have been dismayed by what they've seen going on, whether it's with the supreme court or with the january 6th insurrection. they're concerned about the state of the country, they're concerned about democracy. and they recognize that donald trump is a threat in all those things. he is the root cause of what we've seen happen at the supreme court. he's a rude cause of what we saw happen on january 6th at the capitol. and they understand that. >> jennifer, you had written maybe a wee

joining us now is melissa murray, she's a professor of new york university school of law, co-host ofrict scrutiny and msnbc legal analyst. it's great to see you, thank you for coming on the show! >> thanks for having me. >> this is -- a lot to sow why this isn't headline news like across the country and -- it is shocking, and it is unacceptable if you believe in the independence of the judiciary. how can this be going on? >> well that is the question, and everyone has been talking about the reported lake and liberals versus hobby lobby decision, but that's not really the story. that is burying the lead. the real story is this coordinated highly finance campaign to get access to these justices naturally they were successful. they got access to some of the most conservative justices, and we don't know if it shaped the outcome in any decision, but we do know that they had unprecedented access. does not just reporting in the new york times, there was also reporting earlier this year in rolling stone and politico that talked about these individuals going to chambers at the supreme court t

joining us now, melissa murray of professor of law at new york university, and jennifer reuben, a washington post opinion columnist. they're both msnbc analysts. also with us, ruth ben-ghiat, and history professor at nyu and author of strongmen, mussolini to the president. thank you very much for being with us i will start with you ruth, you respond to present biden's tweet, writing, quote i wrote a strongman because i saw the global right rip billet aiding figures like hitler pinochet obscuring or denying the memory of their violence. antisemitism, this violent open -- not from a french figure but a person who had dinner with the ex president last week. talk about the real harm that comes from even the articulation of hate. >> you know, holocaust denial is actually embedded in the trump administration, i want to remind people. there's so many things are agree just that in 2017, a week before his administration -- after his administration started, donald trump's administration released a holocaust remembrance statement that didn't mention jews. that was the gift to holocaust deniers. from th

this is a chance to have it worked out in the next few weeks of the session. >> katie benner, melissa murrayave any travel plans next week. let me make it clear, both of you will be working. when we come back, where to begin with the newest controversies over what elon musk is doing to twitter. we'll try to sort it all out with our own jake moore. but first, unimposing moment. earlier this week, i peeked out my window and saw the best kind of christmas miracle. i'll roker, home safe and recovering after a very long hospital stay. he and his wife debra being serenaded by the entire today show family with some holiday cheer and fantastic christmas carols. and i can say all of us were overcome with emotion. welcome home, al. the right moves fast... get decision tech. for insights on when to buy and sell. and proactive alerts on market events. that's decision tech. only from fidelity. (brent) people love subaru just because that's decision tech. it stands for much more than just a car. (vo) through the share the love event, subaru retailers have supported over seventeen hundred hometown charitie

nyu law professor melissa murray and emily bazalon. what this shows against the backdrop of the committee getting ready to formally conclude next week? >> when i read this talking points memo dispatch i was stunned. it really does read like toddlers on fumes and sending text messages furiously. i almost felt bad for mark meadows having to read this in the aftermath of the election. it really is just a hodgepodge of wild and random conspiracy theories. and i think the january 6th select committee, if they are truly interest in the holding individuals accountable, they will have to take some deep steps to think about whether criminal referrals are necessary here. seems like we have quite a significant number of elected representatives in the federal legislature who believe that donald trump was robbed of the presidency and did everything in their authority to try and thwart the transition of joe biden to the presidency. it really is an astonishing tranche of text messages. >> yeah. i mean, you lay out part of what i referred to in the ev

melissa murray, elie mystal, good to have you here. that's all in on this monday. neither mitchell meadows just start. now >> thanks to you at home for joining us this hour. good to have you here. we're coming up on ten years since it happened in california, and we still don't know to this day who did it. on the afternoon of april 15th, 2013, the boston marathon got bombed. you will remember this. twin bombs, three people killed, hundreds of people injured, some of them grievously. 17 of the people injured had to have limbs amputated. it was just horrific. again, that was april 15th, 2013. less than 12 hours after that bombing, between midnight and 1:00 a.m. that night, something much less deadly but also unnerving happened in northern california. it was just southeast of san jose, california. it started at 12:58 a.m. in an unincorporated, sort of semi rural area not far from silicon valley near the 101 freeway. 12:58 a.m. somehow, someone almost certainly more than one person opened up the heavy metal cover of an underground vault on the side of the road. it wasn'

professor melissa murray, and where you live school, she was a law clerk for sonia -- on the federal before her nomination to the supreme court. all right gang! let's roll our sleeves up! we got a lot to get through -- joyce, you've been reading

welcome to the show, i a melissa murray in for mehd hassan for nearly half a century it was an obvious, clear norm if you wanted to be th president of the united states you had to show the american public where your money came from it was a norm that began amazingly, with richard nixo during the watergate scandal i 1973, when nixon released hi tax returns to fight off accusations of corruption. in fact, it was nixon's ta filings sparked one of the mos famous quotes in america politics >> i look on this kind o examination because people hav got to know whether or not their president as a crook, am not a crook, i have earne everything i have got. >> since then, every america president has released their tax returns or a summary o their taxes. well, all but one. and, you know which one. and you know why, or, at least his explanation of why >> i will absolutely give my return but i am being audite for two or three years, so, cannot do it until the audit i finished, obviously. >> it is under, i i will revisit when the audit i completed. >> my tax returns are very simple, they are under a mi

professor melissa murray, and where you live school, she was a law clerk for sonia -- on the federal bench before her nomination to the supreme court. all right gang! let's roll our sleeves up! we got a lot to get through -- joyce, you've been reading through this report as has everyone. hold on a minute... i don't point out that we may be the most reading the most important news night of the year and i am looking at an all-female panel! let's do it -- joyce, what sticks out to you the most so far? >> so what you can see immediately when you dig into the report is how much trouble the committee went to to document absolutely everything that they are saying. there and notes in every chapter, extensively documenting the committees and narrative that you read through. and so for instance, when you get to one important point where the committee is saying, it was apparent that everyone there was an enormous risk of violence that night, and the president should have canceled his speech on the ellipse, or someone in the white house would've canceled it for her. you can then read in the ad n

i want to bring in nyu law professor melissa murray. welcome back. >> hi, ari, how are you? >> i'm great. let's start with the continuing loss for mar-a-lago for trump. let me read a little bit from what i just said about the judges. they agree with the garland justice department that this zakt court judge improperly exercised equitable jurisdiction which means they dismissed the special master. as for why they request would defy our foundational principle that our law applies to all without numbers or wealth or rank. what does this mean in your view. >> this is an exceptional ruling not that it is an extraordinary but because these judges many of whom are died in the wool conservatives, these are not libber am squishes and but applied rule of the law here. and forward courts are limited jurisdiction. they don't get to act on everything they want to in and in particular case the judge here aileen cannon is something that should only be deployed in extraordinary circumstances. these were not extraordinary circumstances and this would open the door for any subject of a search

so let's bring in an expert, a sober minded nonpartisan analyst, melissa murray. thanks for being here on a big news night. >> thanks for having me, ari. >> i laid out why this matters, why the doj wants the evidence, even though they say they do their own homework. what do you see as significant here legally? >> there is a lot here that's really interesting that the committee turned up all kinds of evidence. to be fair, none of this was part of an ongoing criminal investigation, so, you know, there wasn't an opportunity for exculpatory evidence to be considered or standard procedures you would have in a criminal investigation or criminal investigation. doj will be assessing whatever information it gets in accordance with all additional steps that it will have to take if they prosecute this and hopefully bring it to a conviction. the mere fact there is cooperation between the committee and doj is really astonishing here. and the cooperation seems to be quite extensive at this early date. it sends a special message that they are taking this very, very seriously. th

let's bring in melissa murray, a professor at the nyu school of law, as well as neil cocktail, former acting solicitor general the united states. both airbus nbc legal analyst. thank you both, as always, for coming to the sunday show. let me first get your reaction to the special master news in the testimony of pat cipollone, and pat full name. >> you had started by saying that this was a bad legal before donald trump. i agree, but i would say that it has been a great week for the rule of law. the special master ruling that you talked about, but also, this tax records were handed over to the house committee. doctor donald trump gave it to the supreme court. trump's former chief of staff, mark meadows, was ordered to testify before grand jury, losing his south carolina case. i think the biggest news is the special master wu -- because the court of appeals, and a unanimous decision, written by two appointees of donald trump, and one of george w. bush, very conservative panel, said it was absolutely nothing to trump's claim that he is entitled to some special rights and overseer of this