neal katyal, let me begin with what we don't know. we listened, i know every word every one of them said. here's what i don't know. when justice jackson was saying that moment was registering in the other justices, was there anything to read on other justices? i don't know what their reactions were to some of the more absurd answers landed by donald trump's counsel. there are so many things that can be there, that the eye can take in that we don't know when we are just listening. >> which is why the american people should be able to see this and it is ridiculous they have to rely on me and a couple of other people in the room to tell them what happened. people should be able to see it for themselves. lawrence, i have seen over 400 oral arguments at the supreme court and sometimes i walked out and i think it is clear what is going to happen. this was not one of those days. that is a little surprising because trumps claims were so bogus. they were ridiculous constitutional claims. i did that to get out earlier in the argument. part of t

neal is an msnbc legal analyst and host of the podcast courtside with neal katyal. professor, let me begin with you. the judge, in her ruling, refers to this as a complex case of first impression. is it a complex case of first impression, and does that explain the judges rulings so far? >> it is not at all complex. i'm not sure what she means of first impression other than that no one has ever tried to use the presidential records act, which was passed after the watergate episode, in order to make sure that all official records of the presidency would go to the national archives. no one else has tried to use that civil statute as a way of defending themselves against criminal charges. the presidential records act has absolutely nothing to do with the case, but i think you put your finger on it when you notice that she used the word pretrial. when she said that he's not entitled, the special counsel is not entitled to a pretrial ruling on this matter, the pretrial determination, that the presidential records act is inapplicable, what he wants is a determination, peri

turn 24, andrew weissman, neal katyal, thank you.ate it. >>> joe biden is putting pressure on donald trump in florida where republican a portion abortion ban goes into effect. elizabeth warren says voters should be concerned about abortion bans. senator warren joins us next. a once-daily pill for moderate to severe plaque psoriasis, and the chance at clear or almost clear skin. it's like the feeling of finding you're so ready for your close-up. or finding you don't have to hide your skin just your background. once-daily sotyktu was proven better, getting more people clearer skin than the leading pill. don't take if you're allergic to sotyktu; serious reactions can occur. sotyktu can lower your ability to fight infections, including tb. serious infections, cancers including lymphoma, muscle problems, and changes in certain labs have occurred. tell your doctor if you have an infection, liver or kidney problems, high triglycerides, or had a vaccine or plan to. sotyktu is a tyk2 inhibitor. tyk2 is part of the jak family. it's not known i

okay, that's uncalled for. >>> neal katyal and katie phang are back with me. about kind of how things looked in the courtroom, katie, because we were just talking about this off set. and neal, i want to bring you in on this too. you said you wished cameras were in the courtroom. sitting in that courtroom, one of the things that really struck me was how alone donald trump looked, sitting there with that back bench behind him empty and the secret service in the one behind him, but no family there, no supporters there. he looked smaller. he looked less like the sort of big important man that he pretends to be. and it almost feels like the court system in some ways is protecting him from that image by allowing him to walk out to cameras and project whatever image he wants to project. katie, you first, and then neal. >> it's -- i struggle because i think in a blanket way you need to have cameras. i think sunshine is the best disinfectant, and transparency is what the american public always deserves because you need to be able to see the hypocrisy going on. for examp

that is the trifecta that will put the integrity of this court on trial. >> andrew wiseman, neal katyal for joining us on this important night. we really appreciate it. >>> coming up, donald trump spent today in a new york city courtroom on trial. president biden was on the trail. he kicked off a three day campaign swing through the very important electoral college state of pennsylvania. that is next. s next. that helps treat and prevent, all in one. to those with migraine, i see you. for the acute treatment of migraine with or without aura and the preventive treatment of episodic migraine in adults. don't take if allergic to nurtec odt. allergic reactions can occur, even days after using. most common side effects were nausea, indigestion, and stomach pain. it's time we all shine. talk to a healthcare provider about nurtec odt from pfizer. one in five children worldwide are faced with the reality of living without food, no family dinners, no special treats, not enough energy to play. all around the world, hunger is affecting children's physical and mental health. toddlers are suffering

. >> neal katyal, mary mccord, appreciate it. >>> coming up, i looked at it as a business, and number two, i was happy to help someone. the latest billionaire to come to trump trustee eight and what trump's latest loan could end up costing consumers on the road. that is next. su that is next. the next level. cirkul is what you hope for when life tosses lemons your way. cirkul, available at walmart and drinkcirkul.com. >>> ultra's financial situation is not quite as desperate as it was two weeks ago when he was scrounging around the couch cushions have $1 billion to cover the bond in his new york civil fraud case. he is still squeezed, and horrible and basically walking around a big bright me sign around his neck. remember, trump wriggled out of that immediate peril in new york, after the judge knocked down 10% and give him 10 extra days to figure it out. before that ruling, which came without any real rationale to be honest, trump was in danger of having his assets, if you did not post this bond, new york attorney general, letitia james, could take possession of some of his multimilli

. >> andrew weissmann, neal katyal. thank you both for joining us on this important night.hank you. >>> coming up, while donald trump spent today in a new york city courtroom on trial, president biden was on the trail. he kicked off a three-day, campaign swing for the very important electoral college state of pennsylvania. that's next. the totally torqued-out crossover. nothing dims my light like a migraine. with nurtec odt, i found relief. the only migraine medication that helps treat and prevent, all in one. to those with migraine, i see you. for the acute treatment of migraine with or without aura and the preventive treatment of episodic migraine in adults. don't take if allergic to nurtec odt. allergic reactions can occur, even days after using. most common side effects were nausea, indigestion, and stomach pain. it's time we all shine. talk to a healthcare provider about nurtec odt from pfizer. ♪ that colonoscopy for getting screened ♪ ♪ is why i'm delaying ♪ ♪ i heard i had a choice ♪ ♪ i know the name, that's what i'm saying ♪ -cologuard®? -cologuard. cologuard! -scr

. >> neal katyal, thank you very much for joining us tonight. >> thank you. >>> the historians briefe supreme court says the founding generation sought to ensure that, unlike a king, the president would not acquire any special status that would carry forward after the end of his term. instead, the president would be elected from the mass of the people, and, on the expiration of the time for which he is elected, return to the mass of the people. again. founding era history provides former president trump no solace in his efforts to evade the ordinary operation of law. joining us now is jack raycroft, professor of history and american studies and professor of political science at stanford university, who he is on this amicus brief, to the supreme court. he won the pulitzer prize in history for his book, original meanings, politics, and ideas in the making of the constitution. desiree croft, you are trying to teach the supreme court a history that they certainly present themselves as if they know all of this. but so often, they seem to veer off in their own historical adventures. >> wel

factor solicitor general and legal analyst neal katyal is here and with me is sue craig at the table,'s brought presents in the form of information. and our friend democratic strategic and director of the public policy program at hunter college, bazil scott. tell us what you got. >> the jury questionnaire. the judge on monday morning is going to have a room full of protective jurors and he will start by asking them if they -- right off the top, if they recognize any of the potential witnesses that might be mentioned and then he's going to say do you have a good faith reason why you shouldn't serve and he's going to hear them out. and then he's going to start with a list that we now have of 42 questions for the prospective jurors that remain. and some of them are not surprising. they start out basic. what neighborhood do you live in, what do you do for a living. and as we go through this, there is no question about how they voted but i think you're going to get to that. you'll be able to get that from the questions. do you participate in any organizations or advocate groups and if so w

. >> neal katyal, mary, thank you both, appreciate it. >>> coming up, i looked at it as a business number one, and number two i was happy to help someone. the latest billionaire to come to donald trump's aid and what trumps latest loan could end up costing consumers down the road, next. and reduced fatigue with rinvoq. check. when flares kept trying to slow me down... i got lasting steroid—free remission... with rinvoq. check. and when my doctor saw damage,... rinvoq helped visibly reduce damage of the intestinal lining. check. for both uc and crohn's: rapid symptom relief... lasting steroid—free remission... and visibly reduced damage. check. check. and check. rinvoq can lower your ability to fight infections, including tb. serious infections and blood clots, some fatal; cancers, including lymphoma and skin; heart attack, stroke, and gi tears occurred. people 50 and older with a heart disease risk factor have an increased risk of death. serious allergic reactions can occur. tell your doctor if you are or may become pregnant. put uc and crohn's in check... and keep them there with rinvoq.

where joined by the former acting solicitor general neal katyal.be very thoughtful and sober minded. you are never freaking out yet at the same time i am curious what you think first on that kind of violence? yes, there great free speech protections, but it has been well established doing things that could jeopardize the safety of a sitting president or lead others to do so are over that line. your thoughts on this? the mac donald trump is behaving, i think, in an horrendous manner. judge reggie walton appointed by george w. bush who you just show that excerpt from called him out exactly right. this kind of behavior has no place whatsoever in our court system. the district attorney in manhattan today thought a gag order to prevent this. i think the reason is this trial and other trials is because of his insolence and influence. many average defendants do not act like a child and lash out in this way, they don't attack the families of the judge overseeing the trial. more importantly the average defendant does not have the means to call about the mob

ken dilanian, joyce vance, we'll be joined shortly by neal katyal who was in the court. we want to hear from him. back to you, ana and jose. >> thank you so very much, andrea. i'm just wondering when there's so much talk about what is a public and what is a private act, right? and the questions that the magistrates were asking were geared towards determining really what is a private act, what is a public act when really, i mean, if you look back through history, american presidents have essentially acted as though they have absolute immunity when they are in the oval office on so many issues. >> absolutely, and i think it's really important also to understand that those very presidents also acted within the bounds of certain norms. they were committed to certain values and so what happens when you have an actor who inhabits the white house who has what seems to be unlimited executive power not bound by those norms. you end up in a situation where you have to clarify these sorts of matters in order to draw boundaries. >> it was justice sotomayor who talked about her bigge

. >> neal katyal, thank you.u can go to msnbc.com/opening arguments for these segments with all the controversy, we have our own supreme court justice of 27 years experience, stephen breyer on the beat later. meanwhile, the art of this deal , of the deal, of the trial. tony schwartz is here next. nee r demand... in real time. (jen) so we partner with verizon. their solution for us? a private 5g network. (ella) we now get more control of production, efficiencies, and greater agility. (marquis) with a custom private 5g network. our customers get what they want, when they want it. (jen) now we're even smarter and ready for what's next. (vo) achieve enterprise intelligence. it's your vision, it's your verizon. a perfect day for a family outing! shingles doesn't care. but shingrix protects. only shingrix is proven over 90% effective. shingrix is a vaccine used to prevent shingles in adults 50 years and older. shingrix does not protect everyone and is not for those with severe allergic reactions to its ingredients or t

we were talking to neal katyal at the top of the hour.rum who believe there's a case here for absolute immunity, which is to say a president of the united states could do anything he or she wants at any time and face no consequences. how do you see this playing out ultimately before the supreme court? >> there has never been a legal concept or precedence for absolute immunity for a president who returns to life as a citizen without being held legally accountable. the doj has held that during the presidency it's a much more complicated thing to try to hold them accountable for the obvious reason that the attorney general reports to them and those constitutional law questions. i would put it like this. the last time we talked about a big trump case in the supreme court it was whether he could be kicked off the ballot. i came on this program and others and told people there wasn't a lot of precedent to do that, and that was good for trump. here we have the opposite situation. there is not a lot or actually zero precedent for the trump side,

. >>> back with neal katyal and andrew weissman. tonight before the show. adam, there is a spot that you heard and now have the transcript for that is very interesting about the examples that the district attorney was giving while talking to potential jurors. >> absolutely. throughout the five-year process, one of the things that one of the assistant district attorney's had been doing all along was giving hypotheticals. can you understand this legal concept through a hypothetical of a hitman? >> i don't believe the hitmen concept was, you are guilty of the crime if you told the person to do it, even if you weren't in the state they are in. and donald trump was somewhere other than where michael cohen is. that's the theory. >> liability. so later he dropped the hypothetical. this was an incredible moment. he said, the point i am trying to get at is, no one is going to get up on the witness stand and testify that mr. trump directly said, hey. let's falsify her business records. hey, let's commit election fraud. let's pull the wool ove

neal katyal, former u.s. solicitor general who has argued before the court many times. lso with us, former fbi general counsel and a former member of robert mueller's special counsel team andrew weissmann. joyce, neal and andrew are all msnbc legal analysts. neal, i have to start with you because you were inside there. we could hear it, but you could see it. what is your big takeaway from today? >> well, it was obviously a historic moment. i think that's how people treated it inside the courtroom from the very beginning. you know, president trump's lawyer actually wound up, went into the courtroom, he sat on the wrong side initially. he wasn't quite as familiar with the court as his adversary, the special counsel's lawyer. it was really two contrasting styles, and i think that's reflected already in some of the earlier reporting making it seem like, well, the strident trump made a lot of points. that lawyer was very strident in contrast to the special counsel who acted almost like a counselor to the court, not as an advocate. went on for hour after hour explaining his po