earlier this week potential jurors in washington d. c. in the case of united states america versus donald j trump received preliminary questionnaires about their potential availability for a trial beginning on march 4th, in today donald trump's lawyers filed a motion to block any more preliminary steps in jury selection in that case, and to block everything else in that case, donald trump's lawyers filed a motion this afternoon to request, quote, the automatic state of all district court proceedings in this case, pending the final resolution of donald trump's recently filed appeal from the courts december 1st, 2023, rulings on presidential immunity and double jeopardy. last friday judge tanya chutkan issued a 44-page ruling denying donald trump's motion that he is completely immune from any criminal charges for anything that he may have done while he was president in united states, and that putting him through a criminal trial for his activities leading up to it on january 6th would be double jeopardy after he was impeached by the house of representatives for the same activity and went to trial in the united states senate for the same activity, a trial in which a majority of the senate voted to convict donald trump but not the two thirds majority required by the constitution to convict a president in a senate impeachment trial. a participant in that trial will be joining us later. in the trump motion filed this afternoon, the trump criminal defense lawyers specifically asked to the court, quote, to stay all proceedings in this matter pending appeal, including, but not limited to, pretrial motions, defense disclosures relating to trial defenses and evidence, classified information procedures act hearings, and jury selection. donald trump's criminal defense lawyers use that classic phrase that so often appears in such motions at the beginning, saying that defendant trump respectfully submits this motion. that motion is being submitted to a judge who donald trump has publicly aacd. the trump criminal defense lawyers use that phrase respectfully submit to a judge who they have said should be attacked by donald trump. donald trump and his criminal defense lawyers do not respectfully submit anything. no trump's criminal defense lawyers have professionally disgraced themselves time and time again by disgracefully employee in donald trump's tactics as their own. the founders of the american government believed in an american government by gentleman for a gentleman, all of whom of course had to be white gentlemen. they were incapable of imagining the expansion of the right to vote in america to reach people who were not like them. people who do not think and behave like gentle man of the 18th century. so it was inconceivable to them the voters would ever elect someone like donald trump president to the knighted states, and nothing in their design of government was built sturdily enough to defend against the assault the donald trump has already mounted on this government. the latest branch of the government, on the verge of being humiliated by donald trump, is the judiciary. donald trump publicly etched attacks judges in a way that no one ever has before. and no judge attacked by donald trump knows what to do about it or how to stop it. eight judge attacked by donald trump sits powerless in the face of the attacks. no one in the legal community thought that was possible before donald trump did it. no one notice that there was no law against publicly attacking him threatening judges and laying your case until donald trump did it. and that is not the way donald trump will ultimately humiliate the judiciary. it will be worse than that. they will do it to themselves. a federal judiciary will do it to themselves if they continue to approach trump criminal litigation as business as usual. the circuit court of appeals in washington, d. c., has been considering donald trump's appeal of a very limited gag order on donald trump issued by judge chutkan for five weeks now. and whenever they issue their opinion on that, donald trump is very likely to appeal it to the united states supreme court. when will the appeals court, which seemed during the oral argument in the case to unanimously agree they should be some kind of a gag order, finally issue their opinion? that we have no idea. there is no deadline on their proceedings. the same appeals court has taken two years to issue some opinions. two months is considered fast. the united states supreme court can take the better part of a year at the final stage of such appeals and it doesn't have to be this way. the courts have made it this way. the appeals courts and the supreme court have chosen to move as slowly as they do. in some cases it is understandable that appeals take years, because they are relevant lee low priority flea low priority items on a very crowded docket for judges that have many appeals to decide in many opinions to write. in the cases of criminal defendant donald j trump, all of those other cases on the docket should just be pushed aside. the appeals court should be working on nothing else until they reach that decision. same thing with united states supreme court. they know how to do this but they don't do it. and no one can make them do it. the oral argument on the appeal of judge chutkan's gag order took place two and a half weeks ago. there is no justifiable reason why that opinion has not already been issued. you know how long it took the united states supreme court to rule on a case that decided who would be the next president of the united states? it was an awful case. nothing like bush v. gore had ever come to united states supreme court. none of the judges judges had ever consider the issues presented to them in that case by the very able lawyers who had given unprecedented amounts of time to argue their case, make the oral arguments, to the united states supreme court, which were the very first supreme court oral arguments in history that were allowed to be broadcast live on radio, because the supreme court apparently considered that to be the most important arguments in the history of the supreme court. one day it took the supreme exactly one day after those oral arguments to issue their decision in what they were, in effect, declaring was the most important case that they ever heard. the supreme court scheduled those arguments the way they did that, the way they did it quickly, they were ineffective declaring this is the most important thing we have ever done. and after what the supreme court was essentially declaring was the most important argument they ever heard, they took exactly one day. to decide the case and issue their opinion, making george w. bush presidency the night in states. they know how to do it when they want to do it. the question donald trump is now presenting to the judiciary is, will they do it? will they do the right thing? we have seen some very fast appeals of the horrendous rulings made by a trump appointed judge in florida who has been handling the criminal case jacks mitt has brought against donald trump on espionage charges. they have quickly issued written opinions overruling that judge. but the time the dc circuit court of appeals is taking on a gag order is a very very bad sign for how they will handle the other appeals to donald trump now respectfully summits to them. donald trump is presenting the appeals court with novel and important issues, but they are not complex issues. the appeals court should be able to expedite the appeal and issue an opinion within days of the oral argument in the case, and then the united states supreme court should move very quickly on donald trump's appeal to the native state supreme court of that decision, if there is one. donald trump is testing these appeals courts including the supreme court, and he is betting that like the trial judge is currently being attacked by donald trump, the federal appeals court in washington, d. c., the united states recorded, do not know how to handle donald trump. leading off our discussion is joyce vance, former u.s. attorney and professor at the university of alabama school of law. she's a co-host of the podcast hashtag sisters in law. also melissa murray, professor of law at new york university. they are both msnbc legal analysts. joyce vance, to the appeal that donald trump's lawyers have filed, they are, in effect, insisting, they don't even bother to put it in his request, they are insisting that judge chutkan stop everything in the case, do absolutely nothing now that they have filed this appeal on the issue, the issues that they believe should absolutely stop the proceedings. what do you make of their appeal? judge chutkan has given jack smith an expedited time schedule for filing his response to it by sunday night. >> yeah, so the argument, lawrence, is essentially a technical legal argument. trump's lawyers are saying that the district court, the trial court, is divested of any jurisdiction to continue ruling on anything involved in the trial. now this issue is on appeal. they cite some very standard case law. there's a supreme court case, for instance, the says that. during an appeal the trial court loses its jurisdiction over any matters that are related to the appeal. trump's lawyers say that because the questions are asking the appellate court to decide this issue of immunity, would mean that if they win trump wouldn't have to stand trial, wouldn't be subjected to any other proceedings, that everything should go on halt, as of now. and one of the major problems is that they face in their argument is that they are citing civil cases and civil laws. and there are different equities to be considered in a criminal case. including, among other things, the public's right to a speedy trial and the very unique nature of these proceedings, which i think you do a fabulous job of outlining. the future of the country hangs in balance. much of the proceedings that trump is complaining about have already been taken place. evidence has been disclosed by the january six committee. there is not really any additional damage that he is subjected to. if the judge is permitted to rule on motions and have this case proceed towards trial so that pending the outcome of this appeal the case will be ready to go if the court is permitted to exceed. >> melissa murray, are there criminal case law precedents for what donald trump's lawyers are asking for? >> well, this is really an unprecedented certainly not one who's been four different cases we are in and as joyce says in a criminal case versus a civil case, but i take your point that the need for a speedy trial the need for finality, when it's not just a former president, but also a current presidential candidate in the fact that we have an election looming means that the judges really need to move with some sense of expedition, and we aren't seeing that. some of these cases, or some of these motions, present some and some present motions that are stupid the double jeopardy question could've been resolved because the proceeding the donald trump's, the impeachment proceedings are not criminal proceedings. and so there really is no double jeopardy issue there. he hasn't been tried for the same fora. some of these issues are novel and summer just pulled out there to distract, delay, and ultimately to get all of this beyond the election where if donald trump wins he it won't matter anymore. >> joyce vance, i'm so glad i mentioned the double jeopardy piece because we have seen these very same impeachment procedure is used for federal judges if they get into serious trouble. we've seen federal judges convicted, in court, of taking bribes and getting impeached by congress. and nobody ever said, wait, you have to pick. you can only do one of those. you can't have these two procedures against the federal judge. >> yeah, i want to associate myself with melissa's comment that the double jeopardy argument is stupid. >> thank you. >> it has some legal content because the law that are frivolous appeal does not divest the district courts jurisdiction. and so i think the double jeopardy part of trump's appeal can be set aside. it certainly does not substantiate the argument that the trial court can't proceed. and really the only thing that the judge needs to take up here is the immunity argument, where trump says i've got presidential immunity so you can't prosecute me. that argument is not frivolous. i think it's probably a loser, but it's an argument that is made in good faith. >> joyce, in your experience in tax evasion prosecutions, how many of them involved a defendant by the time they go to trial who has paid all of the taxes in question? as we're seeing with hunter biden's indictment tonight in california for tax evasion. >> you know, lawrence, i spent 25 years of the justice department. my office prosecuted a steady diet of tax evasion cases. typically when you have a defendant who had paid the money back, the case was handled as a civil matter. the government had gotten what it wanted. there was frankly no reason to use our office-limited resources to engage in a criminal prosecution after have been resolved. i haven't had time to study this indictment thoroughly. i understand that it involves a conspiracy to conceal over 1 million dollars in income. that's a serious matter. so we'll have to take a look at it. but it's hard to escape the conclusion that one of the primary reasons this case was pursued was because of the defendants last name. >> melissa murray, i assume we will be hearing from defendant trump about defendant biden now. >> again, defendant trump is playing into different courts. there are all of these various proceedings in courts of law. but of course he is playing to the court of public opinion. again, rehashing this hunter biden scenario now with the overlay of a criminal indictment, to criminal indictments if you count the gun charges. perhaps levels the playing field a bit when you're a former president facing four different criminal indictments while on the campaign trail. >> tonight lost cool conducted by professors joyce vance and melissa murray. thank you both very much for starting off our discussions tonight. >> thank you, lawrence. >> coming up, congressman eric swalwell beat donald trump in an appeals court on its civil litigation around involving january 6th. he was also one of the senate prosecutors, in effect, of donald trump, in donald trump's last impeachment trial. he will join us next. vraylar helped give it a lift. adding vraylar to an antidepressant... is clinically proven to help relieve overall depression symptoms... ...better than an antidepressant alone. and in vraylar clinical studies, most saw no substantial impact on weight. elderly dementia patients have increased risk of death or stroke. report unusual changes in behavior or suicidal thoughts. antidepressants can increase these in children and young adults. report fever, stiff muscles, or confusion, as these may be life-threatening, or uncontrolled muscle movements, which may be permanent. high blood sugar, which can lead to coma or death, weight gain, and high cholesterol may occur. movement dysfunction and restlessness are common side effects. stomach and sleep issues, dizziness, increased appetite, and fatigue are also common. side effects may not appear for several weeks. i didn't have to change my treatment. i just gave it a lift. ask about vraylar and learn how abbvie could help you save. ah mornings! cough? 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discussed, he is now appealing. jue chutkan's ruling says whatever immunity duties a sitting president may enjoy, the united states has only one chief executive anytime, and that position does not come for a lifelong get out of jail free paths. judge chutkan issue that ruling hours after the d. c. court of finally ruled that donald trump is not protected from civil lawsuits that are trying to hold him liable for the january 6th attack on the capital. it took the appeals court 20 months to issue that relatively simple ruling the, unanimous ruling by a three judge panel, which includes a trump appointed judge this is that donald trump is not entitled to immunity as an elected official because he was speaking as a candidate on january the 6th and not in his official cacity as president. in arguing that the court, wrote, in arguing he's entitled to an immunity in the -- invariably unofficial function, and he was engaged in that function when he spoke at the january 6th rally and in the lead up to that day. we cannot accept that rationale. joining our discussion is congressman eric swalwell, a member of the house judiciary committee and served as an impeachment manager in the senate trial of donald trump for violations of his oath of office. congressman small eric swalwell, so important to have you here tonight. let's begin with the -- the same appeals court is now handling the appeals in the criminal litigation against donald trump in washington, d. c.. they routinely take 20 months to reach their decisions. is there anything about those 20 months that makes sense to you in waiting for that decision in and in your case suing donald trump for what he did on january 6th, you've read the product of the 20 months work. how did that take 20 months? >> the delay has been a costly. because of the witnesses you want to call and depose and get evidence from, that is all been stalled. you can't move forward until they make a decision. it shouldn't take 20 months. donald trump is a legal terrorist. there is no one alive who has more experience in our court system as a plaintive were defended than donald trump. he knows how to weaponize the system. use it to his advantage, appeal, a feel, a feel so that he can delay. our democracy can't afford that right now. >> he's also saying that your prosecution of him in the senate trial in moving his conduct on january 6th creates a situation of double jeopardy now that jack smith is trying to prosecute him for essentially the same conduct in court. >> he's using illegal colloquialism that does not actually exist. he's just assuming that people say oh yeah, but no. actually, by the way, a majority of the senators, including republicans, said that he committed insurrection. so i don't know if he wants to really bring that to life. what we are seeing right now, whether it's the civil cases that i am apart over the criminal cases is this legal tapestry of accountability. when used all together, i think it's our best shot of having a security blanket to protect our democracy and our rule of law, which, by the way, we may think, and we may have thought that holding donald trump accountable was impossible or improbable. it probably will never feel inevitable until it happens. but it has to happen. it has to move a heck of a lot faster than it's moving right now. >> what we are seeing is it's up to the d. c. circuit court of appeals and ultimately the -- >> we should have a fast track. and by the way, adam schiff, my colleague, he introduced legislation that would create a constitutional fast-track when there are issues of the constitution in governance at play. >> we have seen for, example, the trial judge in georgia, he very quickly and immediately amended one of the bond order is in that case to include a very broad gag order on one of the defendants there who was communicating publicly with witnesses, and the judge wanted to stop. that he stepped in and stopped it right away. we don't see that in this federal system in these cases. they are not moving with that same kind of. speed >> i can tell you as a prosecutor who has been in the courts, either the defendant is going to run the court, where the judge is. you have to take the reins very very early. when you don't the cost, in this case, is just the volume of death threats and intimidation. and by the way the effort is to poison the jury. that's our don trump is trying to do. he's trying to poison the potential jury. he's getting away with a lot more than i think any defendant in america would. >> that's part of it. these judges have never seen anything like this. it has never come up, a federal judge goes to work thinking one of the defendants is probably gonna attack my wife and my kids and attack me. it has never happened. they clearly don't know how to handle it. >> and you have to meet his overwhelming strength with a greater strength. that's the only thing that has ever stopped him, and when you back off or let him set the 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salonpas. it's good medicine. >> joe biden served one full year in the presidency before he became a wartime president when -- starting the biggest and most dangerous war in europe since world war ii. president biden has been managing the response of the united states and its allies to support ukraine every day since then. for the last two months, every day of joe biden's presidency has been largely consumed with the war between israel and tomas after hamas launched the most shocking attack and devastating attack on israel and its history the wartime challenges facing president biden's rival and may exceed in fact the challenges she is facing may exceed the complexities that the wartime challenges that president franklin delano roosevelt had to face when he was running for reelection while he was trying to win world war ii. president roosevelt told voters at the time that campaigning for the presidency could not be allowed to distract him from his duties as a wartime president so he actually campaign very little and won because the country then understood the duties of a wartime president. that is not an option for president biden, who is now in the thick of a presidential campaign that started officially back in april. and with voters going to the polls in primary states beginning next month, we don't know yet for certain who joe biden will be running against on the republican ticket, but we do know it'll be someone who has no other occupation except running for president. joining us now is chris whipple, author of the new york times bestseller the fight of his life. inside joe biden's white house. it is just out in paperback with an updated epilogue, which has such important new material in it. i want to go to one particular quote that you have in here, which is how involving the team negotiating the debt ceiling, which was an extraordinary deal. i didn't think they could get. they got it. they saved a lot and doing it. joe biden gave them, in your book, you report, this direction. no matter how heated the rhetoric got in public, what mattered was what was said in private. and that is something that it professionals in this work always know, it only matters what they see in private. and having that kind of understanding it's hard to keep the eye on the ball as one of joe biden's big skills. >> yeah, absolutely. no question about it. of course, i was lucky, as you know, lawrence, to have extraordinary access to the biden white house, really, for the last three years. and it included this debt crisis. people forget just how big a deal this was. this could have been, potentially, a so-called black swan event, with worldwide implications. it could have cost millions of u.s. jobs. a lot of people thought that biden couldn't get it done. and mccarthy then speaker kevin mccarthy thought he held all the cards. what ensued was a kind of master class by joe biden's, team steve ricchetti, his counselor, and jeff is zients, louisa terrell, and others. they proceeded, in effect, to really clean mccarthy's clock. they protected their priorities. biden drew red sure coals around the things that he was not willing to negotiate. climate change proposals and so forth. and at the end of the day, they got it done. and so now there is this cry about, will there be funding for ukraine? and -- i would not bet against this team and i think that these guys are probably going to get it done. >> yeah, i never see how they can get it done ahead of time but after the fact i can see how they did the dynamo was kind of amazed. but that line about what matters is what's said in private applies to everything in governing at that level including -- what the republican say publicly is very different from what he is saying privately. we don't know what he is saying privately. but it seems to be much more along the lines of pushing for cease-fire and hostage release then it is the support of israel's aggression or israel's, you know, what they call a defensive than what. gaza causal and aggression against them. >> yeah joe biden has been, hands-on through all of this and he's been telling the israelis and no uncertain terms what the u.s. expects in terms of trying to avoid civilian casualties. but he has left the public statements to others, to tony blinken, to lloyd austin, to the vice president. and again this is part of -- , you know, people may think that biden is old school anything she can -- he has this quaint notion he can do things the old-fashioned way. this is what happens when you have somebody with decades of experience dealing with these people. and obviously, it is still a tremendous challenge. but i think he's handling it pretty well. >> you have a passage in here about the presidential campaign, and the talk about, what about the possibility of possibly stepping aside. you say, what was wrong with the president stepping aside and graciously handing the baton to a younger successor? plenty. starting with the fact that there was no consensus on who in the world that person would be and biden's withdrawal would make vice president harris the presumptive front runner for the nomination, but not for long. she would likely be immediately engage in a battle for the nomination against the half a dozen other aspirants inevitably the eventual democratic nominee, we've been bloodied which limp into the general election weekend against an emboldened trump. and that is very much a part of the rationale about why joe biden is on his way to the nomination. >> yeah. and i felt for a long time going all the way back to the spring, with a lot of other people were saying, look, he should just take the gold watch, go gracefully into retirement, and the baton off to someone else. that was a fantasy. there was no feasible plan b. and nor arguably was there any compelling rationale for a plan b, when you have a president with this kind of track record of success. politico at one point had a piece that said he can't manage a campaign. he can't govern. he's too old. that's just laughable. if you look at his track record over the last three years. >> chris whipple. the book is the fight of his life. now out in paperback. this really is great. and the new material is really, really instructive. thank you very much for joining us. >> my pleasure. >> coming up, hollywood awards season is almost upon us. big stars will be getting big applause from their star fabled audiences when they accept their awards. but none of those stars are bigger than the star you will meet on this program after this break. break. i got this $1,000 camera for only $41 on dealdash. dealdash.com, online auctions since 2009. this playstation 5 sold for only 50 cents. this ipad pro sold for less than $34. and this nintendo switch, sold for less than $20. i got this kitchenaid stand mixer for only $56. i got this bbq smoker for 26 bucks. and shipping is always free. go to dealdash.com right now and see how much you can save. >> you are about to meet a star. like all of the truly great stars who doesn't think of themselves as a star, he thinks of himself as a guy trying to do a good job. he is supremely talented to the point that he makes his work look easily, stunningly handsome and intensely charismatic with a smile that grabs your heart and won't let go. he wasn't on the list of time magazine's person of the year candidates, but more than deserves to be. he is not known outside of his own country. he is only known in chikwawa awe, a small town far from the big cities of malawi. he's a third grade teacher and he is the biggest star i have ever met in any school, anywhere in the world. >> i do love my job more than everything i do. i do love my job more than everything i do. >> reporter: his name is -- his parents inspired him to become a teacher. >>i became a teacher through motivation of my parents. my parents were all teachers and one of my teachers passed away. my father was a teacher. my mother is a teacher. so i was being motivated in that there were all teachers. so i have being motivated me to, so i say, wow, i think this career of me is much. >> reporter: here are his bosses, the head teacher and the assistant head teacher of the primary school. as it happens, that they are both named patrick. they called themselves peace squared. and on the wall of the office they share is this poster, saying a poor teacher tells, in average teacher explains, a good teacher demonstrates, a great teacher inspires. i first spotted him at his school in the hottest area of malawi sitting under a tree in the 108 degrees of dry heat inspiring. as a former public school teacher, what i see in that picture, and i know many teachers out there tonight are seen in that picture is the effortless grip that he has on the attention and respect of those five boys who i saw hanging on his every word. a great teacher inspire us. the biggest challenge he has as a teacher is to get those five boys to come to school tomorrow in a country where the dropout rate is extraordinarily high. he inspires the learners as they are called in malawi schools to keep coming back to school by always uprising them, always keeping them wondering about what surprises he might have for them tomorrow. >> what i do motivates more learners. i'll show you that some learners go to school because of what i do. more than 15 learners go to school because of what i do. more than 15. every day, do a lot of -- what i did yesterday i do today, now. today i do another thing, and then the other thing i do another thing. -- >> reporter: the day i was at the school, the big surprise came from you. you are generous contributions to the kind fund delivered tasks to the classrooms that it never had desks. and learners were waiting excitedly outside their classrooms for the truck full of desks to arrive, he kept them entertained. >> [crowd chanting] >> reporter: and then, when our truck arrived, he led them to the truck to unload the desks themselves. >> reporter: kids in need of desks, the partnership i created with unicef and msnbc to provide desks to schools and allow a, is first of all a jobs program. the money you contribute for desks goes directly to factories in malawi, where those desks are made, providing jobs for hundreds of workers now over the years who have made hundreds of thousands of desks. the carpenters and welders and machine workers and painters who make these tests can reliably feed their families now thanks to your generosity. the children of some of these workers now hope to grow up to work in these factories making these desks. these desks have become more then the most important thing that have been delivered to these classrooms. these desks are now a career ambition for kids in malawi hoping to get jobs making these desks when they grow up. the kind fund also provide scholarships for girls to attend high school in malawi, where the girls high school graduation rate is half the boys high school graduation right. you can get a last word desks dot msnbc. com and contribute any amount. no amount is too small to help provide desks or send girls to high school in malawi, where public high school is not free. -- is a seventh grade student at the colima primary school. malawi schools, girls are more reluctant than boys to answer questions and class because they have to gather their skirts to stand up and then gather their skirts to sit down again. [speaking in a global language] >> reporter: that was elena in our before we delivered desks to her classroom. >> what did it feel like today when you knew you would never have to sit on the floor in class again? >> [speaking in a global language] [speaking in a global language] >> reporter: she told me that she wants to be a teacher. that means she will need one of the scholarships that you contribute to attend high school in malawi. in her elementary school, learning from a teacher like to follow, she already knows what a great teacher does. >> why do you want to be a teacher? >> [speaking in a global language] >> do you admire your teachers? >> [speaking in a global language] [speaking in a global language] >> reporter: a great teacher inspire us. 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