i'm katy tur. it has been a dramatic day on capitol hill. emphasis on dramatic as house lawmakers loudly debated whether to formalize an investigation into president biden. as you would imagine, it got combative. we were waiting on the vote, but if all republicans tow the line, it will pass. that is not all. this morning, right outside of the capitol. hunter biden told reporters he was ready to testify in front of the house. but only if republicans agree to do it in public stating, quote, my father was not financially involved in my business, not as a practicing lawyer, not as a board member of burisma, not my partnership with the chinese private businessmen, not in my investments at home nor abroad, and certainly not as an artist, and he's blaming republicans by name for using his own personal struggles to try to take down his father. in the depths of my addiction, i was extremely irresponsible with my finances. but to suggest that is grounds for an impeachment inquiry is beyond the absurd. it's shameless. there's no evidence to support the allegations that my father was financially involved in my business because it did not happen. james comer, jim jordan, jason smith and their colleagues have distorted the facts. they have taken the light of my dad's love, the light of my dad's love for me and presented it as darkness. >> across town at the federal courthouse in d.c., refugee rudy giuliani is expected to take stand as early as today, trying to defend himself in a $43 million defamation suit brought by the two georgia election workers he falsely accused of flipping votes, and just like yesterday, the judge began today's proceedings by once again admonishing giuliani. we're going to get to that in a moment. plus a whole lot of legal news from the supreme court. but first, let's go to capitol hill. joining us now, nbc news capitol hill correspondent ryan nobles, nbc news investigative correspondent, tom winter, and "punchbowl news" cofounder and msnbc political contributor, jake sherman. let's start with the vote, ryan. when do we expect to see republicans or to see the house floor take this vote, and do we expect every single republican to get in line? >> reporter: so we're hoping, katy, that it happens in the 5:00 hour. that seems to be the most likely opportunity for this to happen. of course the house floor schedule is a moving target. that seems to be the direction they're heading and to answer the question, it looks like they have the votes whether or not every single republican falls in line remains an open question. the only republican that's publicly questioning whether or not this is a worthwhile vote is ken buck of colorado. we have yet to see one single republican come out and say they are not going to vote in favor of the impeachment inquiry, and that's a remarkable change from a few months ago when the house speaker kevin mccarthy launched the impeachment inquiry without a vote, and part of the reason he did it without a vote is he likely didn't have the vote. there's a three-seat margin. they can't afford to lose that many votes. it seems clear that many of these republicans that represent moderate district that is president biden won feel a little bit more comfortable by taking the step of at least allowing the investigation to continue. there's no doubt that the indictment that was leveled against hunter biden last week, even though it does not mention joe biden's name once or even alludes to joe biden provides enough smoke that there's still a worthwhile effort to look for fire. so we think the impeachment inquiry passes later today. the big question, though, is once this investigation continues with many republicans still acknowledging that they do not have the evidence to move to articles of impeachment, how long can republicans wait before they take that next step, and if they're unable to do that, how does that impact the president politically going into a very very close election year? >> let's talk about that evidence because we've had the inquiry going on, the informal inquiry going on for a few months now. has any evidence been produced, jake? is there any concrete evidence of wrong doing? >> there is, the best way to say it, there's no conclusive evidence period. there's no conclusive evidence at all, and most sober minded serious republicans admit that. and they say that this impeachment inquiry will theoretically, give them the fire power, the legal fire power to be able to connect dots that they haven't connect already and talk to people that they believe they should be talking to that could prove out these theories that they have. they have a lot of theories. they have a lot of disparate pieces of information, they're hoping with the help of interviews they have been unable to secure, they could put together into something criminal, and i've recently attended a briefing of sorts with senior republicans on impeachment who made a couple of interesting points here. number one, they say that the payments that are -- and we've reported this already, that the payments that were made to hunter biden and that in their mind went to joe biden later could be viewed as bribes after the fact. again, we have no idea whether this is actually the case. these are theories. but what ryan said, i want to just underline one thing that ryan said, and something to look at going forward, ryan made a really good point here. they have the votes for this step because the leadership has done a good job in making this vote about this is a vote to open an investigation, to give more legal heft to their investigation and to push forward. i have heard a lot of republicans doubt whether there are votes to actually impeach the president, and by the way, again, the closer you get to election day with a lot of these republicans in biden districts, the more difficult it becomes, my guess based on my report, they're going to have to make a decision yes or no on impeachment end of january, early february and give it a shot then. politically perilous, and a very notty situation. >> i want to get to hunter biden in a moment, and what he said today. i want to ask, what are they accusing hunter biden and president biden of doing that democrats haven't said that's what donald trump and his kids did while donald trump was president. it seems everything's gotten very muddy. is there a distinguishing accusation here, jake? >> i'm telling you what they said. these are unproven facts, and i think ryan should weigh in here as well, but what they say is that hunter biden was collecting payments from foreign adversaries and then kicking them to his father who was involved in policy making on these subjects. again, none of this is proven. and by the way, i'm not excusing any behavior but to say that there aren't a million people in town, in this town, who have fathers in public office or mothers in public office who then go out and lobby and use their access to their mother or father and their friends to lobby for corporations, you'd be crazy to say that that's not true. it is true. it happens all the time. but that is basically what they're alleging. if i'm wrong, ryan, please raise your hand and say that i'm wrong. >> ryan, please weigh in, you have been called out. >> reporter: first of all, i would never say that jake sherman is wrong. i would never make that mistake. i think jake has surmised it well. the one thing i would add to this, when you ask republicans about donald trump and his kids, their argument is that donald trump's children were able to offer some sort of tangible business benefit to the people they had relationships with where hunter biden had no experience or background in some of the jobs that he was able to get with burisma or this chinese investment company. i'm not saying that's the case. i think there could be an argument that a $2 billion hedge fund that jared kushner was a part is very questionable as to whether or not he has had the capability and the ability to do something like that, and the influence and connections that he had with donald trump, you could certainly make the argument that there was a connection there. but i think, katy, the important thing to point out here is that these are nothing but accusations. they have correlative effects but don't have necessarily connective tissue. they point out instances where hunter biden was given a job, given money. they don't have evidence of influence peddling, and specific examples of payments, especially in large quantities to joe biden himself. the transactions that they've outlined to this point, there is evidence of a track record of those being repayments, interest free repayments, i should point out for personal loans, which you could argue joe biden lost money on, and they also came during a period of time where he was not vice president or president of the united states. i don't believe that's enough to rise to a level of articles of impeachment, but again, the thing we always have to talk about in these conversations, you can make all the legal arguments you want when it comes to impeachment. impeachment is not a legal process. it's a little one, and republicans are making a political argument why joe biden should be impeached. the question is will they be able to make that argument, as jake points out, in february when it's going to matter the most. >> and hunter biden is saying listen, he said it on the steps of the capitol, my dad had nothing to do with my business dealings. he said i was going through an extremely dark time. i was addicted to drugs, he was clearly in pain from the loss of his brother, et cetera, and that he is accusing republicans of taking all of his struggles and exploiting them and painting them in a dark way to say that his dad is somehow tide up in this, and his dad did wrong. how do you untangle it when you go about investigating this. >> he's also somebody facing two criminal indictments. that makes the challenge that much harder for hunter biden. they're quoting him, i was extremely irresponsible with my finances. they were ready to plead guilty of failure to file their tax returns this past july. that was the deal they worked out with prosecutors. they were willing to go into a diversion agreement with respect to a gun charge. now his whole world from a legal perspective has changed and they're going to continue to make the arguments they have been making. a number of motions to dismiss the delaware gun charge case. a couple of things on selective prosecution, including e-mails back and forth with the u.s. attorney's office, special counsel, david weisz in his office saying you said there was no ongoing investigation. you said all of these things. we negotiated this stuff, and all of a sudden in their words, they feel the rug has been pulled out from underneath them. now we're in a new mom of time where he's fighting this the criminal front, and again, ill making the same arguments, we made the taxes back. prosecutors say in our world that doesn't necessarily matter, and now he's going to contend with the hill. if he was to have testified in public or behind closed doors, how many times would his attorneys advise him from the standpoint of not making potentially incriminating comment that could be used against him in court, how many times would he have to plead the fifth, what would that look like for republicans. i think to your point, it's very tangled. >> it's interesting that he was in d.c., refusing to go behind closed doors but would happily testify in public. jake, i want to ask you about immigration. we have senator menendez, who is currently leading a discussion right now, a press conference about where he thinks the immigration talks stand. senator schumer today, the majority leader said that they've made real progress. this is the immigration talks surrounding the border in order to unlock aid for ukraine and israel. where do things stand? there has been a late effort by the white house to get involved here and try to strike a compromise, especially after volodymyr zelenskyy was up here yesterday. three allies the president wants to send aid to that would be unlocked if there was some sort of a border deal. i think this is a next year story. i don't think on december 13th, today, we are going to get something that is going to get jammed through both chambers by the end of the year. i don't think it's possible. i'm skeptical there could be something they could strike with the senate that they could then get through the house of representatives. i think mike johnson is in a box. he's very conservative. he has a conference that has been convinced that they need to have the most restrictive border and immigration policy, backed up by johnson who has said hr 2, this very restrictive boarder and immigration bill needs to be the one that passes to get ukraine aid. i am extraordinarily skeptical. i think the white house has erred here strategically. they should be negotiating a deal with johnson, and trying to drag the senate along, instead of the other way around. listen, the fact that israel aid is held up is mike johnson's issue. he tied it to irs aid. the overall package, chuck schumer linked them together, said he's not going to pass one on his own. this is going it get pushed into next year, dealing with this the first week january. >> jake sherman, ryan nobles, tom winter, a lot of knotty stories to untangle. coming up, after overturning roe v. wade, the supreme court has cleaning up to do. plus, michael cohen's attorney did what, why a federal judge is accusing him of making up precedent, not michael cohen but his attorney. first, though, rudy giuliani is admonished again. what the federal judge in his deaf nation suit said to -- defamation suit, and what giuliani might say when he takes the stand. we are back in 60 seconds. in 60. rudy giuliani could tech as early as today in his $33 million defamation suit. court began today the same way it did yesterday with the judge again admonishing giuliani this time for what he said last night. >> i'm not going to discuss the case right now. because it seems to get the judge annoyed. >> let me stay away from that except to tell you, and you can just sort of work on this that they're seeking $40 million. oh, yeah. they're seeking $40 million for the damage that i allegedly did to them. one of them did testify that she has no money. they do have an endless number of lawyers in the courtroom, however. for people that don't have any money. >> giuliani told the judge those comments were, quote, accidental, even though he was already admonished for saying this the night before. >> whatever happened to them, it's unfortunate if other people over reacting, but everything i said about them was true. >> do you regret what you did? >> of course i don't regret it. i told the truth. >> joining us now, ryan rye -- reilly, and lisa rubin. he was admonished for things that could get him in defamation trouble again. and goes out the second night, last night, and basically does the same thing. what's going on here. >> and it wasn't very well planned out. he was searching for words, rambling during his podcast that he does, i guess, every night. this is not someone who you would think should be in front of the camera making bogus claims because he has so much exposure already, and you can't trust he's going to stick with the script because he appears to believe these conspiracy theories. he has not accepted reality despite signing a motion months ago saying that these statements that he made about these two individuals were, indeed, false. >> he's likely to take the stand as early as today. could be today, could be tomorrow. do we have an idea of how he's going to defend himself, and is it going to be effective if it sound like that? >> there are rules in court, the nice thing i enjoy cover about court, you can't have people say things throwing you off. >> unlike capitol hill. >> exactly. they have to answer the question in the way it's asked, and there are questions that are out of bounds. there are rules. rudy is not used to that. i remember covering cases after the 2020 election where he didn't know what trict scrutiny was, he's very out of practice and coming into court with his belt undone, showing up late. it's just sort of really a mess. >> you're under oath in court so you can't lie, which is a nice change of pace from politics and congress. lisa, i want to ask you about giuliani but there's a lot of other news i think we should get to. michael cohen's attorney accused of making things up in a motion. what's going on with that case. >> michael cohen is essentially asking to be let off of supervised release. he's asking permission to a southern district of new york judge. that's where he was originally sentenced. one of his lawyers in that matter filed a brief with the court that has what the judge has now called fictional citations to cases that don't exist. number one rule for lawyers, katy, is a duty of candor, you must tell the truth to the judge about facts as well as law. >> it's also why the trump team could never say there was widespread fraud in the 2020 election because that wasn't true, and treas no evidence of that when they were arguing the cas. hen case, one of his o chael attorneys, danya perry, who is frequently on our air as a contributor is an nyu law school professor of professional responsibility. and she went to the judge and herself said these cases don't exist, and as an officer of the court, i'm reporting that to you. that's why we now have this order to show cause, tell me why you cited these fictional cases. >> did he use chatgpt? >> i have no idea what he did or didn't do, but danya perry going to the judge and copying that her co-counsel made up cases is a study in what good lawyers should do when faced with bad lawyering along their side. >> everybody deserves a good lawyer, and i feel bad for michael cohen in this case. he does not deserve that. let me ask you about the supreme court. they're hearing a lot of cases. we're going to get to mifepristone after the break. i want to ask you about this january 6th case. that could have a big bearing on donald trump's election interference case. what's going on there? >> the case is a question of statutory interpretation, when this statute says that obstruction has to be done with corrupt intent, does that mean you have to get none from it, that you're expecting to make something or can corrupt intent mean something different? the reason people are making a big deal is not only is this defendant, among many others charged with this, but donald trump himself has been charged with obstruction of an official proceeding under this statute. there's a question of how will this case when resolved bear on the judge chutkan case, and which goes first. is this just another reason to delay that chutkan case or can that case continue along the same path so long as either the d.c. circuit or the united states supreme court rules on the presidential immunity questions first. i think that the fisher case will not be a factor in judge chutkan's case, however, the larger question of constitutional immunity looms large over that case, and will affect the timing. >> will you explain who fisher is. >> there's two joseph fishers, among january 6th defendants but two joe fishers who were former cops. this is my fun party trick. i have too much knowledge about january 6th. he's from pennsylvania originally. there's another one who is from boston, this one from pennsylvania was charged pretty early on, was involved in the brawl with officers coming through, pushing through with the mop, and you know, that impact is going to impact a lot of other cases. there's 300 defendants being charged. >> he's saying he's not corruptly obstructing an official proceeding. >> and the statute doesn't apply to his behavior or wasn't intended to apply to his behavior. >> we're going to watch this. ryan reilly, lisa rubin, i know there was a lot in there. i do appreciate it. i think you sorted it out for us. coming up next, the supreme court agrees to hear its first abortion case since it overturned roe v. wade. there's so much news in this show today. what the supreme court's decision will mean for 2024, both politically and for the access to abortion in this country. plus, president biden says israel is losing support and needs to change. what prime minister benjamin netanyahu said in response. a few years ago, i came to saona, they told me there's no electricity on the island. we always thought that whatever we did here would be an emblem of what small communities can achieve. trying to give a better life to people that don't have the means to do it. si mi papá estuviera vivo, sé que él tuviera orgulloso también de vivir de esta viviendo una vida como la que estamos viviendo ahora. es electricidad aquí es salud. the supreme court says it will take up another abortion case. this one on mifepristone, commonly known as the abortion pill. earlier this year, an anti-abortion rights judge in amarillo, texas, effectively banned the drug saying the fda did not follow proper procedure on the drug, which has been on the market for 20 years. the biden administration appealed and has now made its way back to the supremes. joining us now, nbc news senior legal correspondent and coanchor of "saturday today," laura jarrett. we were expecting this, right? what do the judges have in front of them in this mifepristone case? >> we have come a long way from judge matthew taking the pill off the market. when that happened, they said let's slow down, put pause on it. let's litigate this case you normally would. so the federal appeals court in louisiana looked at it, they said we're not going to take the pill off the market. we're going to make it harder to get it. can't get it by mail anymore, which is telehealth, and the reason they're making it harder is the advocates who brought the suit said the fda didn't look at the safety risks enough, so the judges below bought that argument, and the supreme court's going to be deciding is it going to be easy to get this pill or is it not. it's going to be about how easy is it to get. >> wasn't there a case in the northwest that had the opposite ruling. there's a difference between the states and one of them could rule in a way that affects all the states. >> you have a very good memory. >> somebody explained it to me really well. >> that case basically told the fda don't make any changes to the pill at all. you have to keep the pill as it is, as status quo, which is what it is right now. supreme court is going to have the last to say on this on what exactly the status is. >> they're going to start hearing arguments but their decision likely won't come out until june of next year. >> they saved the big ones until june of last year. >> june of next year is the middle of the campaign. >> this is a very political issue. >> and even more so. you have all of these other cases at the state level, cropping up this week, as we saw the case out of texas, the woman who wanted to get an emergency abortion. any number of those can work their way up to the supreme court as well. doesn't mean the supreme court will take it. i think this is the one that's squarely the hot button issue right now. i think this is going to be a live issue. we're out the next year. >> major allies of president biden, they point to a couple of things, and why they feel confident in his reelection, and one of them is this case. the supreme court will be ruling on it in the middle of the campaign, making abortion front and center once again and will help president biden win again. that's what they believe. laura jarrett, thank you very much. coming up next, what the plo is saying about president biden's criticism of 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(vo) it's your last chance to turn any iphone in any condition into a new iphone 15 pro with titanium and ipad and apple watch se - all on us. only on verizon. we have some genuine breaking news. judge tanya chutkan of the d.c. court has granted donald trump's request for a stay of all proceedings in his d.c. criminal case writing that trump's appeal on presidential immunity grounds has forced her hand. all pending deadlines and court dates in that case will be stayed but not vacated. this is about the appeal to the supreme court that donald trump has presidential immunity. donald trump didn't appeal to the supreme court, jack smith did. the supreme court said yes, it will consider considering it. it will ask donald trump's team to come up with a response to jack smith by next wednesday, i believe. december 20th, and now judge chutkan is saying until the supreme court rules on this, she's going to put everything on hold. she's not vacating it. it's going to put everything on hold. back with us, msnbc legal analyst, lisa rubin, did i get that right? >> you did. and what i would say about this order, it's a very short opinion and order, katy. it's three pages long. is judge chutkan is saying that the trial is stayed and pretrial proceedings like discovery and motion practice are stayed too. >> as they're put on hold. >> they're put on hold, nothing that donald trump's lawyers would have to do affirmatively is anything that they have to do until the appeal is resolved. however, she is siding with jack smith's team on one important issue. she's saying, look, i don't get divested of jurisdiction over everything. i can enforce the gag order, enforce a protective order over discovery. trump's team can't release the discovery into the public domain. she gets to exert over that. and i get to ensure he meets his conditions of release. when he was first indicted he agreed to be released with some conditions. those include not further violating state, local or federal law, and not contacting any of the witnesses in this case about their testimony in this case. so to the extent that donald trump violates those conditions of release, jack smith and his team have every right to go back before judge chutkan and let her know. >> all rules still apply, everything is just on pause. i'm going to read you a little bit from her order. she says if jurisdiction is returned to this court, as in if she gets it back, consistent with its duty to ensure both a speedy trial and fairness for all parties, consider at that time whether to retain or continue the dates of any still future deadlines and proceedings including the trial scheduled for march 4th, 2024. so march 4th, 2024, still could happen, she is saying, right? >> that's right. >> if the supreme court comes back fairly quickly. >> that's right, and you and i discussed the other day, jack smith is taking a two-tiered approach, asking the d.c. circuit to expedite its appeal and trying to go straight to the supreme court and leapfrog the d.c. circuit. they have agreed to expedite its consideration of whether to take the case. it's possible they'll say we're not going to take the case, but that the d.c. circuit does and takes it on an expedited basis. a little like a board game. >> let's talk about how expedited they are. if the d.c. circuit has it, the supreme court says we're going to wait for them to take it. how quickly could they do this? >> many a matter of weeks. >> could they in the d.c. circuit? >> the appeal we got back last week on the civil cases where trump was asserting immunity, that took almost a year from argument to decision. >> that's not quick. >> it's not quick. however, that is a court known to move with alacrity when it chooses to, as does the supreme court in the nixon case where the supreme court also granted this cert before judgment procedure, between the time of the district decision and the supreme court said the watergate tapes have to be turned over, that was an eight week period. judge chutkan is not relinquishing that march 4th date. she wants to try this case as close to march 4th as she can. >> our friend john sail, who's a lawyer in florida, who said no to representing donald trump in the case down there knows this well, and he wants to come on to talk about it. we're going to have to have him talk about the watergate case, because he was a part of that. the supreme court, ds this put pressure on them to make a desi more quickly. >> judge chutkan is saying i have no way to get this to trial. it puts pressure on the d.c. circuit or the supreme court to get the presidential immunity issue resolved and fast should they want to. >> i love any guest who uses the word alacrity on my show. it is one of my favorite words. lisa rubin, thank you very much. >> thank you. coming up, world leaders just agreed to a historic climate deal. what is in it, and what it's going to mean? 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>> first of all, katy, you're right, it is so difficult to see these images. it's more than seven and a half thousand children killed in the israeli strikes. >> can i ask you a question, this has been bothering me. the israelis say -- i'm sorry to interrupt you -- they're tell people to leave, to go to safe places. i can't imagine if that message actually gets there that people would stay and suffer the loss of their loved ones and put their families in danger so there's got to be a disconnect between the message that israel says it's sending out and what palestinians are hearing or where they're striking. >> , tnk you've just hit it right there, katy. first of all, the level of destruction, the kind of munitions israel has been using, and there's been a lot of coverage of this, this is unprecedented of coverage about this. this is unprecedented second the since world war. munitions that america was sparing and using, in afghanistan and elsewhere. munitions that cause this kind of civilian destruction. also in areas that they have told people would be safe areas. i think the palestinians in gaza feel there's almost nowhere safe. they also face now going to places terribly overcrowded, appalling sanitary conditions. there is basically nowhere safe. that's how you get these kinds of numbers and so when president biden looks at this and he says israel is losing the support of the world, i think many normal humans would scratch their head and say wait a minute, that loss of world support has happened. you reminds us of the vote at the united nations. ten nations voted in opposition to a cease fire. 153 voted in favor. but here's the crucial thing. one of those ten was president biden. i think american demeaned itself at the united nations in front of the entire world by casting that vote. america, the biden administration, is not calling for a cease fire. and in that respect, all this talk of you're losing support i think in the israeli capital, back home the israeli government are feeling quite secure in that position because america is continuing to vote with them and most importantly, is continuing to provide not only the political cover, but also the weapons for israel to engage this this destruction. so when the president, when president biden talks about the morning after and there are disagreements with the israelis on the morning after, but he refuses to call for a cease fire, i think he's still in the netanyahu comfort zone, unfortunately. >> i have more questions but because of our breaking news earlier in the show, i've run of time. i hope you come back and talk to us. i have some questions about what advice you'd be giving to netanyahu about what might come after all this is over and how safe israel might be in the future. thank you very much. i'm sorry it was short. coming up next, the world just agreed to move itself away from its dependsy on fossil fuels, but what is actually in the deal? 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joining us now, presidential distinguished professor of earth and environmental science at the university of pennsylvania and author of the new book, our fragile moment, how lessons from earth's past can help us survive the climate crisis. michael, it is good to have you. you know, when you look at what happened today at cop 28, and you're just looking from the outside, it does seem pretty major. can it potentially be a big deal? >> good to be with you. i would say it's sort of mixed. promising to transition away from fossil fuels. i liken it to being told by your doctor that you have diabetes. you've been diagnosed with diabetes and you'll promise to transition away from donuts. transition away isn't enough. we need to phase out fossil fuels and we need to do so rapidly. we need to bring down carbon emissions to 50% by 2030 and down to zero by the middle of the century. i don't think this agreement speaks to the urgency of a dramatic and immediate need to transition quickly off of fossil fuels. >> do these summits do anything? are they worthwhile? >> there were some you know positive developments here. there was an agreement on methane and methane is a greenhouse gas and it adds to the warming but the central problem is of course the carbon dioxide we're producing from fossil fuel burning and the agreement doesn't go far enough especially because of the window of opportunity is closing. if we warm below 3 degrees farn hit, we've got to bring carbon emissions down by 50% this decade and zero shortly there after so that window of opportunity is closing and as of yet, we are not on the path we need to be on. >> is there any technology out there that you think might be helpful? >> i think there is. we can actually do this with existing renewal energy technology. limitations aren't technological but new technology will help ease that transition. it will speed it up. so we're looking at not just better solar panels and wind turbines but energy storage is critical because the wind isn't always blowing. the sun isn't always shining. there's new technology that may really help with the speed up of that transition that we need. >> there's also a very white paint coming on the market next summer. i'm serious. >> it helps a little bit. >> everything helps a little bit. might as well take it all. michael, thank you very much. appreciate it. >> always a pleasure. >> that's going to do it for me today. deadline white house starts right now. right now. hey, everyone. it is 4:00