Good day, im Chris Jansing live at msnbc headquarters in new york city. Congress is trying to crawl its way out of chaos, but a feeling of inevitability has taken hold on capitol hill as the Clock Barrels toward a Government Shutdown. Both chambers are trying to reach shortterm spending agreements, but will they find the votes . Millions of federal employees and contractors are bracing for impact if a showdown does happen, but how significant a toll could it take on our armed services, both at home and abroad. And tributes for a trailblazer, lawmakers emotional remembrances of california senator Dianne Feinstein who passed away at the age of 90. Very sad. May she rest in peace. Voting the last day. We will take a look back at the life and legacy of the democrat who served longer than any other woman in senate history, and with big shoes left to fill, what happens now to feinsteins seat . A complicated calculation over who could be her successor. But we begin with the 2024 campaign, already scrambled by one candidate whos facing 91 indictments and an incumbent president threatened with impeachment, well, it now has another challenge, an almost certain Government Shutdown. Nbc news reports joe bidens Campaign Strategy will take a hit by grinding his travels to a halt, and donald trump will have to own his risky move with supporting a shutdown, siding with that far right group of republicans who biden again targeted just yesterday. Theres an Extremist Movement that does not share the basic beliefs in our democracy. The maga movement. Not every republican, not even a majority of republicans adhere to the maga extremist ideology. I know it because ive been able to work with republicans my whole career, but theres no question that Todays Republican Party is driven and intimidated by maga republican extremists. Their extreme agenda if carried out will fundamentally alter the institutions of democracy as we know it. Joining us now is ali vitali, brendan buck, an. Msnbc political analyst. And sarah feinburg, good to have all of you here. Ali, as early as this hour, i understand the house is expected to vote on a shortterm spending bill. Where do things stand right now . Reporter look, well see what happens. There you see the senate floor, of course. Were there in the interim waiting period on what theyre trying to work on for a Stopgap Funding Measure. On the house side, a bit of a surprise perhaps watching the rule pass for this Stopgap Funding Measure, but according to conversations that ive had in the hall, people like congressman matt gaetz and other hardliners who have been consistent thorns in the side of leadership said that they dont want to tank the rule. Their goal is to vote against the cr itself. This upcoming vote would allow them to do exactly that, and thats why one of the things that i just asked Speaker Mccarthy was what happens when that occurs. His response was, of course, to ignore the substance and instead pivot in a way that sort of allows us to see what his strategy might be here, what he said to me is that voting against a continuing resolution is a vote with, in mccarthys word, biden and the democrats. What could happen here is that even though mccarthy could face an embarrassing loss on the floor, it might be a move for him to show that hes just trying to exhaust all of the options within his conference before pivoting to potentially another more bipartisan strategy. That bipartisan strategy, as weve detailed and will continue to talk about, though, chris, has its own risks, which is that if mccarthy looks to the left and shuns the people who have been difficult with him within his conference, those same people could turn around and try to oust him from his job. All of that is pulled together in this shutdown drama, which increasingly seems like over the weekend thats exactly whats going to happen, the governments going to shut down. Would it surprise you at all, brendan, if in addition to the government shutting down, there was a move to get rid of Kevin Mccarthy . What do you see unfolding over the next 48, 72 hours . Yeah, as usual, ali is asking the important question. What happens after they vote on this continuing resolution, this Stopgap Measure . I think its clear at this point its not going to pass, and at that point Kevin Mccarthy has almost no cards to play. Meaning Government Shutdowns are never a good idea. You can never really maneuver your way out of into winning one, but he actually i dont know what his maneuvers can be at this point. Often in these situations, especially near a deadline, it almost becomes like a game of hot potato. You send something over to senate. They send Something Back to you, and you try to be the last one holding the bag there. If the house cant pass its first measure, i dont know what mccarthy can do. I dont know what sort of tools and tactics you use in a Government Shutdown to try to win. You basically sit there and message. I dont know that thats going to do him much good. It will be very interesting if hes willing to pivot to a bipartisan outcome. I think there was really good hope for that earlier in the week, a purely clean shortterm spending bill. When the senate added that ukraine language, i think it made it very difficult for mccarthy to swallow that. If he did bring up a bill like that that had ukraine money on it, absolutely. Somebody would probably be coming for him. There would be a motion to vacate. I think hes aware of that. I think he may survive that. It would be a historic moment on the floor for him. You can just hear the American Voters right now saying what a mess, but do you see any scenario where the democrats could step in here . They could essentially save the day. One of the criticisms that weve heard, what seems to be a very conscious strategy by the white house, which is for President Biden to stay out of it. Look, no administration wants a Government Shutdown. It is a total time suck. Its a total disaster for americans, for all kinds of programs, for projects that have momentum. No president wants that. At the same time, President Biden i think is saying i cant negotiate with these really right wing folks in the republican party. Thats mccarthys job. Its a difficult job. Its probably the hardest job other than being the president right now. But you know, thats on mccarthy, and i think the reality is like other Government Shutdowns weve seen in recent years, the republicans are going to force us to shut down. The countrys going to have economic impacts, job impacts, its going to be bad for everyone. And eventually theyre going to find the votes in a bipartisan way to bring us back. But it could be five days from now, ten days from now, three weeks from now. It could you know, it could last quite a while. I had someone, a member of congress, brendan, on the show yesterday who said weeks. I mean the American People look at this and say why are we here . Why its not like its a surprise what the schedule is, what the calendar says. And then you have donald trump stepping in and saying, you know, go for it. Go for the shutdown. How does anybody how does anybody walk away from this, brendan, anything but damaged . Nobody does. Maybe the only person who can benefit here is joe biden if he can find some way to capitalize on it. Obviously donald trump rooting for a shutdown i think is not wise longterm politics, but i think its also important to appreciate that the last Government Shutdown we had in 2018, it was one of if not the longest shutdown in government history was only a partial shutdown. I think the politics may be quite different this time around. Last time in 2018 we had already funded the military. We funded veterans, we funded congress itself. At least half the government was already funded, so a lot of the pain points that you typically see in a shutdown didnt exist last time, the one that donald trump was there for. So this could be much more painful for republicans this time around when youre furloughing the military, when the people at Veterans Affairs department cant go to work, things like that can get much more painful much more quickly. I think people need to appreciate that, but it could go for a long time. This ultimately doesnt feel like its about the substance. Its about Interconference Politics and Kevin Mccarthys dysfunctional relationship with the far right. If hes right and as someone who has lived it, brendan is usually right about things like this, if those pain points come fast and theyre piling up, does that change the equation or maybe not . Look, i think the reality is previous Government Shutdowns have often been based around an issue, right . We disagree about obamacare, were going to shut down the government until we get our way. In this one its pure republican politics on the republican side. And i dont think matt gaetz can even argue that this is policy for him. You know, he voted for crs under president trump, and so this is hes not hes sticking to his politics, hes not sticking to policy. And look, i was Chief Of Staff at a federal agency in 2013. We were shut down for weeks. It takes months to recover. You dont just hit the ground running three weeks later when the government starts up again. Can we talk just about what that means, if youre working for the government and youve already gotten a notification, by the way, that says get ready for this, what does that do to just the functionality, even before it happens and then as you say, afterwards, and these are human beings, people. Theyre hardworking americans. Theyre hardworking american, theyre patriots. Look, a lot of them are used to it is the sad fact. Theyre getting that notification, theyre planning am i going to be at home, how long am i going to be off . Ive saved some money for a rainy day. They know they will probably get paid back later when the government reopens, but the followon effects are massive, and its important to talk about. You shut the government down now for five days, for two weeks, for three weeks. Lets be really clear. Airline travel is going to be a disaster this summer. Do not tell me this. I hate to be the bearer of bad news. Were not going to bounce back on airwriting. Once momentum e is there, its there. If you send everybody home for a month, when they come bake their priorities have changed. The paperwork is restarted. Youve missed deadlines. I remember being Chief Of Staff and six months after the Government Shutdown saying if i have one more person say it was the Government Shutdown six months ago that led me to miss this deadline, im going to go crazy. And finally said but its true. It is absolutely true. It just costs thousands of manhours, and youre right. These are human beings. These are folks that are going to have to plan to not get a paycheck for a while, not just folks in washington like, lets keep in mind, donald trump was just in michigan. Theres more than 30,000 federal workers in michigan. Whatever he got in michigan, hes about to lose, right . So as we approach, ali vitali, shutdown sunday, what will you be watching for between now and then . Reporter any sign of a plan to make that not the case, chris, and i know that that sounds trivial or like im locking this, but i think that there just has really been so Many Disparate threads here that weve been following of Republican Leadership and republican members trying to throw something at the wall that could potentially stick, but the reality is i know that we talked about for people like matt gaetz that this is politics or this is policy, i would actually argue that its both and also something else, which is personal. He is not someone who is a fan of Speaker Mccarthy. Hes never voted for Speaker Mccarthy to be speaker, even in those 15 rounds until he was he was against him, and then he just wasnt for him. He was able to vote present in that instance. Gaetz has never been someone that would come to the aid of the speaker. We know that the personal thread of this is really palpable. For gaetz there is a different permission structure. Its possible that when we goes home and takes this home to his voteers and his base, and they say they like that he was holding the line on Government Funding and on conservative principles, which is what hes marking this at as. Theres also the personal reality on the hill that there is no love lost between matt gaetz and Kevin Mccarthy, and that is one of the key things here. Its like someone not liking their work colleagues, only in this instance, theyre shutting down the government over it, and its really hard to negotiate with someone whos basically saying i will never vote for the thing that will allow us to avoid the Government Shutdown, which in this case with about two days to go, 34 hours according to our screen, the only way to avoid it really is to pass a Stopgap Funding Measure and buy themselves a little more time, whether its 30 days, 45 days, whatever, this is something that needs more time to be finished. They have to actually work through all of these other appropriations bills, and they just dont have the time to do that. So either they decide that theyre going to buy themselves more time and theyre only convincing a handful of people to do that, but most of those people that need to be convinced have already said they will never vote for a Stopgap Measure, and i dont know how you negotiate against nothing. Yeah, and a lot of common sense americans are probably asking the question. Okay, if you dont like each other, just avoid each other in the cloak room. Thats never the way it goes on capitol hill. Ali vitali, thank you, brendan and sara youre sticking around. And a little later on, we are going to dive into the impact of the impending shutdown on the military both at home and abroad with admiral james stavridis. And fears over how it could impact air travel, all of that and much more on Chris Jansing reports. But up next, remembering california senator Dianne Feinstein, the tributes pouring in and the legacy of the longest serving woman in the history of the senate. Were back in 60 seconds, youre watching Chris Jansing reports only on msnbc. , youre watching Chris Jansing reports only on msnbc. This is Spring Semester at over 13,000 us school districts, which have become top targets for Ransomware Attacks. But theres never been a reported Ransomware Attack on a chromebook. Which is why thousands of schools like the fairfieldsuisun Unified School District switched to google tools for education. 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Her death at the age of 90 leaves a legacy of more than 60 years of Public Service including as an early voice for gun control. This morning nancy pelosi paid tribute to her longtime friend and home state colleague calling her, quote, a pillar of Public Service and writing, Her Indomitable Indefatigable leadership made a magnificent difference for our National Security and personal safety, the health of our people and our planet and the strength of our democracy. With Feinsteins Senate desk draped in black this was Senate Majority leader chuck schumer. The sign of a leader is someone who dedicates the whole of their spirit for a cause greater than themselves. The sign of a hero is someone who fights for others, who endures for others no matter the cost, no matter the odds, and the sign of a friend is someone who stands by your side to fight the good fight on the good days and on the bad. Dianne feinstein was all of this and more, a friend, a hero for so many, a leader who changed the nation sorry, a leader who changed the nature of the senate and who changed the fabric of the nation, america, for the better. Lets bring in nbcs Julie Tsirkin who is on capitol hill and my msnbc colleague andrea mitchell, chief Foreign Affairs correspondent and Chief Washington correspondent for nbc news. We have seen just like that, julie, a long line of emotional tributes from Senator Feinsteins colleagues. What more can you tell us about the mood on the hill right now . Reporter well, chris, its been emotional. Its been somber. Colleagues of Hers Sharing Stories all day long on the senate floor and tributes being paid to her on the house floor as well. But theres also been some laughter, some levity as colleagues remember her as somebody whos been, for example, a big fan of a Business Attire dress code. We heard from multiple senators saying and joking on the floor that she would have approved the resolution that was passed this week to keep the dress code Business Attire and formal. We heard from senators who shared that theyre wearing a scarf in honor of her, better shoes in honor of her. All of these little touches and impacts that shes had on lawmakers here. By the way, those who havent even served with her for decades, new senators like senator warnock who was very emotional and tearful about what her loss signifies not only for the senate but also democracy for the state of our politics as a whole. Take a listen to what senator padilla had to say, the Junior Senator from california as well as senator kirsten gillibrand, watch this. Profound sadness that we bid farewell to my dear friend, colleague, and outright champion for the state of california, senator Dianne Feinstein. She will be missed by me, by all our colleagues. I brought the last gift dianne gave to me, beautiful pencil drawing, again, just part of her kindness, and im wearing Dianne Feinsteins famous red lipstick. Senator gillibrand, you see that water color painting by hergs senator Susan Collins, also a woman who has served her time in the senate sharing that Dianne Feinstein had given them gifts, water color paintings. Senators taking to the floor, even Minority LeaderMcconnell Sharing with the chamber, that she had given him a rendering of the capitol, speaking to the personal dinners and relationship that not only he had had with her, but his wife elaine had had with not only Dianne Feinstein but her husband richard before he passed. Just a really emotional and somber feeling here in the senate, in the house. Speaker pelosi there, you heard from her at the very beginning also sharing tha of Course Feinstein had passed overnight, but she had voted here in the senate yesterday morning, and that is the legacy that her colleagues will remember her by. And andrea, its no surprise seeing the emotion that has been coming out over the last several hours, and youve known Senator Feinstein for decades. Give us a sense of this truly Ground Breaking woman you knew. She was a fierce legislator, competitor, but believed in bipartisanship. The tribute from Mitch Mcconnell today was absolutely heartfelt. They were friends. The two couples would go out and share dinners. There was the long tradition in the senate of working across the aisle, you know that, chris, and it doesnt seem to be, you know, surviving the tensions of the last couple of years, but it was a very different senate, and she came in in what we called the year of the woman, which came after the anita hill, Clarence Thomas very tough confirmation hearing, and she was immediately put on the Judiciary Committee by joe biden and the chair saying he needed her because it was that all male, all White Committee that sat on that very difficult Confirmation Process and interrogated anita hill and they were getting a lot of blowback and pushback. Shes the longest serving woman senator. She came to the senate after terrible Mass Shootings in california, and she first was propelled into leadership in San Francisco as a member of the board of supervisors, of course, by the two assassination on the steps of their city hall there of the mayor, George Moscone and the head of the board of supervisors, harvey milk. And she was the one who, as she described it later, you know, leaned over harvey milks body and tried to with her finger, you know, plug the hole, the bullet wound to stop the bleeding and try to resuscitate him. So this was a graphic, searing experience for her, and thats what led her to push the Assault Weapon Ban through in her freshman term, she got it passed within one year of taking office, which was extraordinary against all the lobbying. So you can only imagine how much she was respected up there by both sides of the aisle, and then her leadership of the Intelligence Committee in the senate, the first woman to do that and to fight with the cia after 9 11 and stop the cias interrogation techniques, you know, colloquially termed as the Torture Report, lengthy report, Excoriating The Past Practices At A Bu Grade and other prisons around the world and not only in iraq. So she took tough positions and also maintained friendships. She was a great leader of the women. These Women Senators in both parties, Susan Collins remembering her engagement and wedding with Dianne Feinstein leading the way and the celebrations and hosting. She did so many things outside of the senate that made her a really beloved colleague, including being a peacemaker between the two feuding camps after the 2008 democratic president ial campaign of president elect barack obama and defeated Hillary Clinton, enabling Hillary Clinton to gracefully accept the offer to become Secretary Of State in the obama cabinet. You know, i want to ask you a little bit more about her leadership as a woman because among her 60 years of firsts, she was the first woman who was elected president of San Franciscos bodf supervisors. She was San Franciscos first female mayor. As weve said, the first woman to serve as a senator in california, and then with barbara box the First Female Senate duo to represent any state in the nation. I think anybody who was around her or around the capital would understand it wasnt just fellow Women Senators. It was women that she supported, women she wanted to see have opportunities. Talk about her as a role model as on so many levels a Glass Ceiling breaker. All of those Leadership Roles are exactly right, thats precisely why she broke through and she was a Glass Ceiling breaker. She was on Meet The Press in the 84 campaign, when she was considered, she was short listed for walter monodales running mate. Geraldine ferraro got the job instead. She gracefully said i just think its so exciting that women are being considered to be the running mate to be a vice president. So there was no bitterness or recrimination at all that she was passed over, and she worked very hard to try to elect, you know, Walter Mondale in that campaign. She was always trying to bring people together, but for women she really broke through. There was a picture that you threw up of her with Mitch Mcconnell, both wearing Sere Sucker Suits, and that was just a fun day. There used to be a tradition in the senate of sere sucker thursday, and it was a day to celebrate spring, i guess, i mean, those not terribly attractive suits, so she got one to join the club, and they always wore it on the same thursday. Talk about senate dress codes, that was a very different dress code. I think at one point she actually bought Sere Sucker Suits for the other women in the senate, so she also had a bit of a sense of a humor about that. She was very selfdeprecating but also very proud of her accomplishments and i wanted to be with her on this program in 2012 where she was being criticized by the men over the socalled Torture Report shed worked so closely with john mccain on, and she was being described as too emotional by the then cia director, and she fought back, you know, strongly about that, about the way women were diminished and demeaned by men who thought they were being too emotional to talk about, you know, torture, that torture should not be something the United States government engaged in, and she won the day on that. On that and on things like gun control, she did it where men had failed before her. Andrea mitchell, Julie Tsirkin, thank you both so much. Our breaking News Coverage of the death of senator Dianne Feinstein will continue with a look at the difficult task now of trying to fill such legendary shoes. But first, the looming deadline that has paralyzed washington, a Government Shutdown now just hours away with members of the military and their families among those set to suffer the consequences. Youre watching Chris Jansing reports only on msnbc. You like that bone . I got a great price on it. Did you see my tail when that chewy box showed up . Oh, i saw it. My tail goes bonkers for treats at great prices. Sorry about the vase. Shop and get a 30 egift card through october 1st. At chewy. Im Jonathan Lawson here to tell you about Life Insurance through the Colonial Penn program. If youre age 50 to 85, and looking to buy Life Insurance on a fixed budget, remember the three ps. What are the three ps . The three ps of Life Insurance on a fixed budget are price, price, and price. A price you can afford, a price that cant increase, and a price that fits your budget. Im 54, whats my price . You can get coverage for 9. 95 a month. Im 65 and take medications. Whats my price . 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Take a look at this, flooding in the streets of brooklyn, Torrential Downpours have also left Subway Stations teaming with water and commuters forced to try is and maneuver underground. Cars and buses on the streets are driving through knee deep water. Were going to have a lot more on this including a live report in our next hour. Meantime, more than 2 million military Service Members and their families are facing financial uncertainty and maybe worse. Service members will continue to report for duty, but without pay and hundreds of thousands of civilians who carry out the daytoday operations of the pentagon will likely be furloughed. Nbcs Courtney Kube has been speaking with some of those military families. Also with us retired admiral james stavridis, former Supreme Allied Commander of nato. Appreciate both youve being here. Courtney, what did you hear from those families . Reporter we spoke with a number of families and advocates and they all expressed concern about how this could impact individuals. Now, one person is austin kerig. Austins husband has been serving in the army on active duty for more than 20 years. Hes now a master sergeant, and they have a daughter whos special needs. Her concern is that if this happens, if, in fact, her husband is not getting a military paycheck, they may have a hard time paying for the prescriptions that their daughter needs. Heres what she had to tell us about it. So for me, its really disheartening. My husband has been active duty long enough that he has deployed and he has gone to war. I dont think that its fair for them to expect those things of him, but then not feel the need to pay our families. We dont. We dont have anything in savings. Weve really survived paycheck to paycheck. I think that it will come down to what can we sell. Nobody should have to put together programs that offer money to military families when we could just be paid if congress would pass a bill. One of the military advocates we spoke with said that some of these younger and especially enlisted Service Members keep about 3,000 in savings, and thats it. And that if, in fact, theres a Government Shutdown and theyre not getting paid, this could impact things like feeding their families, paying their rent, and its at a time where there still are people who are deploying. Theyre going overseas and that just adds an additional level of stress to some of these men and women in uniform. Now, there are some accepted activities and things that we are hearing about from the pentagon. Theyve put out a list. But its sort of larger categories still at this point. Were still waiting for some specificity. We do know that Military Schools will continue to operate. Military hospitals will continue to operate, especially for emergency care. Elective care will likely be impacted, but the question that i keep asking that i still dont have a solid answer to is things like prescriptions like we just heard. Now, if you have military prescriptions, yes, that will continue to be covered, but what about the people, the pharmacists and the people supporting the pharmacists . Will they still be showing up to work every day . At this point we still dont have a lot of fidelity on questions like that, chris. I dont think admiral, i have to go very far Out On A Limb to guess that this infuriates you. The impact on these families who have dedicated their lives to this country and also, frankly, on morale. Absolutely, and oh, by the way, im the proud father of a navy nurse, and she is married to a navy physician, and they are living on trying to understand whats going to happen with their paycheck, trying to understand their responsibilities in terms of going in. You just heard from courtney, its massive uncertainty, and it is deeply damaging to morale. It is a betrayal of the trust of the government of the United States with our armed forces, and it comes also with an operational cost that we should not minimize. Yes, our soldiers and sailors and airmen and marines, theyll go forward, theyll continue to do their job, even though theyre not being paid, but the back office that supports them is so often civilians who are being furloughed. So those operations will begin to grind to a halt, and ill close with this, chris. This comes on top of senator tubervilles outrageous hold placed on senior military. Its a double whammy of morale and, frankly, its going to hurt us in retention and recruitment at a very critical time. Coming out of a party admiral, that for not just years but decades considered themselves to be the strong supporter of the u. S. Military. What is your message to them today . Wake up and support the troops, and whatever your Policy Disagreements are on both sides of the aisle, but i think from all i can see, this one is on the right side of the aisle where there seems to be massive confusion. Wake up, find compromise, and keep the government in business. Not only for National Security but our economy. Our airlines depend on this, our transportation grid, our electric utilities. We would say in the navy, if you were driving a ship like this, you would be standing in the danger, and thats exactly what is happening today. Admiral james stavridis, well said as always, Courtney Kube, thank you for your reporting as well. In russia, growing signs that fighters from that infamous wagner group of mercenaries could soon be heading to the front lines again, one month after the death of their leader in a mysterious plane crash. The kremlin says former top wagner commander andre tree she have is now overseeing Volunteer Fighters in ukraine. In a video from russian state media, you can see him with Russias Deputy defense minister, an indication they my be in charge of whatever remains of wagner. Its a stark reversal from just three months ago when those same fighters led a shortlived March On Moscow that directly challenged vladimir putin. Up next, as news of the death of senator Dianne Feinstein spreads, so did the Difficult Question who will fill her senate seat. The tricky politics at the center of that is next. Youre watching Chris Jansing reports only on msnbc. Y on msnc u and your family first. I promise to serve, not sell. I promise our relationship will be one of partnership and trust. I am a fiduciary, not just some of the time, but all of the time. Charles schwab is proud to support the independent Financial Advisors who are passionately dedicated to helping people achieve their financial goals. Visit findyourindependentadvisor. 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House democrats b barbara lee, adam schiff and katie porter announced their candidacies. He told nbcs Meet The Press earlier this month he does not plan to appoint any of the candidates who are already running. Joining me now, nbcs david noriega, also back with me, brendan buck and sarah feinburg. David, what are you hearing from people there in california . Yeah, chris, the thing to remember about Dianne Feinstein with respect to california is shes been on the ballot here consistently since 1992. Those are six National Elections that people in california have had a chance to vote for her in. People know who she is. Shes an institution, right . Shes one of the few political figures where i think you can stop regular people on the street and theyll not only know who she is, theyll have feelings and opinions about her. Almost everything weve heard so far is respect, admiration, and a sort of solemn sense of loss for her passing. Heres a bit of what we heard. This is really a solemn moment for the country, for california itself. She was an icon for many years, for decades. Shes had an incredibly long and fulfilling political career and that she had a lot of contributions to the state of california and as a woman that she has done some incredible things. Reporter again, these are regular people. These arent people who work in politics or have any concrete reason to know about Dianne Feinstein or have opinions about her. I think shes going to leave a really, really big gap. Its going to be hard for people to fill that. We talked to a number of women consistently, they said they had spent a long time, many years admiring feinstein for what she has done, chris. Thank you so much for that. So lets talk about who can fill those shoes, sarah, quantify the pressure on gavin newsom right now. Significant. First, i want to say, you know, i served in the senate when Senator Feinstein was there. She was such a force. She was so admired. She was such a graceful presence, and so everyone will miss her greatly and hats off to her for like so many years of service. Governor newsoms under incredible pressure obviously. He clearly doesnt want to go anywhere near this primary, he doesnt want to put his finger on the scale of the primary in any way. He thinks thats going to be even more pressure and more trouble than hes looking for right now, and so i think the reality is hes going to appoint a place holder, and you know, its totally unclear who thats going to be. I think its going to be someone where theres a clear signal sent you are in this seat for a short amount of time, represent california, make us proud, but then its going to be time for someone else to come in. He did make a promise, though, and brendan the Congressional Black Caucus wants to hold him to that. Barbara lee has been behind the other two candidates in the polls. What do you see happening here . Lets remember why he made that promise, because when Kamala Harris left the senate he appointed a latino man, and that upset an important Voting Demographic for democrats. Lets also remember this is not just any governor. This is the person who has flirted very openly with wanting to be president someday. Theres a lot of eyes on him. I think hes going to have to navigate this very carefully in tending to the Identity Politics that have become so important in the democratic party. Theres a lot of very important voting blocks, and a lot of people who will be upset depending on who doesnt get picked. I think hell likely probably still end up picking a black woman, but youve already seen barbara lee getup set, it is not her using the word token that he would only place a place holder black woman this that position. So its one of those thing where is hes probably never going to be able to make everybody happy, but its a little extra delicate for someone like him who has a lot of ambitions in the future. You could also make the argument its hard to make almost anybody happy in a situation like this. Thanks to all of you. And coming up, The Civil Fraud Trial against donald trump is set to begin on monday now, hes facing losing control of some of his flagship new york real estate. Well talk about that after the break on Chris Jansing reports, only on msnbc. Chris reports, only on msnbc. 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I wish i would have introduced the fresh food a lot sooner. After farmers dog, shes a much healthier weight. Shes a lot more active. And shes able to join us on our adventures. Get started at betterforthem. Com former President Donald Trump is going to trial monday in a new york fraud case that could cost him some of the most Famous Properties in his entire real estate portfolio, buildings that have been the basis of so much of his wealth and his myth. New York Attorney general Leticia Jamess case mentioned many properties, many that became widely known after trump entered politics, from trump tower, skyscrapers an fifth avenue, wall street, and two golf clubs just outside the city. Joining me now, ucla professor of constitutional law, harry litman. Good to have you. This is a trial trump desperately tried to delay. Are things going to get moving monday . Hes got one move. The appeal denied yesterday was against a different judge, justice they call them in new york who was going to preside at trial. He could try an Emergency Appeal of the actually Summary Judgment ruling that said fraud is off the table, its been proven against him that the justice entered last week. If he doesnt do that, and even if he does, i dont expect to it take the Appellate Division very long. So hes really going in right now, and as you say were talking about labyrinth, corporate law, real estate twists and turns, but this is really, really a sledgehammer to the things and properties hes been proudest of and supposedly constitute his brand for many, many years. This is a killer blow. So lets talk about this strategy on the prosecutions side. Youve got trump whos on the witness list, right, his sons don junior and eric, they were very much involved in the properties. Do you think prosecutors call him first . Who do you put on the stand . And what would you expect from donald trump . The fifth . Well, except where he cant do it. Normally you cant call somebody because you expect them to take the fifth buck its too late for trump. He had two depositions here. In the second one he had a trumpian surly performance. All that stuff is fair game. He cant now say i take the fifth as to that. So in fact her witness list is pretty heavy with trump typed on that side. Shes going to an extra sort of measure, i think, of bitterness for trump that shes going to prove the case, and she seems to have a very receptive fact finder. The judge is going to act as the jury, going to find the facts, through witnesses through the trump side of things and then a few others like the mazers, the insurance guy who said, we dont want anymore part of trump. So yeah, i expect him to be called, and where he does take the fifth, he can still take where he did before, but its a civil trial, the judge can draw an adverse inference there fairly under the law and say what he would have testified to would have been bad for him. He is really, really looking at a buzzsaw for all his properties. Everything bus his liberty is as stake here and its looking really rough going in given the summary ruling from the same judge just a few days ago. We talked about when we can get a result from the first case, and as you said, this is not a question of whether or not hes going to be incarcerated. How long would you expect a trial like to to take . What happens in this case . Well, first of all its important a civil rights case, because its not Beyond A Reasonable Doubt standard. And its simplified by the rule last week saying were not caring about the most important part of it. Did he commit fraud . Yes, he did. Theres six discrete causes of action. Its loosy goosy because it depends on the defense, but i would say a few weeks, and i think everyones anticipating a horrific verdict for him, and everyones anticipating, will the appeals process take long or short . We have been holding our breath for a few years, right, about his actual accountability. As you say, this isnt criminal, but its real, and its starting, if he doesnt do this Emergency Appeal, on monday, and its all going to be happening fairly quickly. Harry litman always great to see you. Have a good weekend. Thanks, you too. Come up, from one trailblazer to another, Speaker Nancy Pelosi remembering senator Dianne Feinstein. Plus, an update on the Flood Emergency thats creating a real nightmare in new york. Up to eight inches of rain falling. G. [sneeze] dude you coming . Alkaseltzer plus powermax gels cold flu relief with more concentrated power because the only thing dripping should be your style. Plop plop fizz Fizz Winter Warriors with alkaseltzer plus. 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