republican candidate. i am ayman mohyeldin la, started tonight, we begin with developing news in the justice departments investigation into donald trump s handling of classified documents. nbc news is exclusively reporting that the grand jury convened evidence in the case, it s expected to meet this week after a hiatus. now, prosecutors working for special counsel jack smith have been presenting the grand jury with evidence and witness testimony. that slow down in recent weeks. it is unclear whether prosecutors are prepared to seek an indictment at this point. but, this reconvening might mean that a charging decision is close, so, let s take a step back for a moment. let s look at the totality of this case. . . tonight, we are going to do that with the help of a model prosecution memo that just been released by a team of former
santa sent an angry mob afterwards. but pence has to walk a delicate tightrope if he needs to woo trump supporters to his sideways he wants to run as president. so far he has been reluctant, in fact refused to, in the case of the j six committee, personally cooperate with investigations into his former boss. i never stood in the way of senior members of my team cooperating with the committee and testifying. but congress has no right to my testimony. you re closing the door on that entirely. i m closing the door on that. you may have closed, it looks like jack smith just opened it back up. at least when it comes to cooperating with the justice departments investigation. a subpoena isn t really cooperation, it s just an order to. we don t know yet much about the extent of the subpoena. we just learned about it a few hours ago, or how pence will be able to cooperate with it. we don t know if he will comply, although, again, they re not optional. it s clear from everything we just
cooperating with the committee and testifying. but congress has no right to my testimony. you re closing the door on that entirely. i m closing the door on that. you may have closed, it looks like jack smith just opened it back up. at least when it comes to cooperating with the justice departments investigation. a subpoena isn t really cooperation, it s just an order to. we don t know yet much about the extent of the subpoena. we just learned about it a few hours ago, or how pence will be able to cooperate with it. we don t know if he will comply, although, again, they re not optional. it s clear from everything we just laid out for you and other contemporaneous accounts, he has a lot to offer the committee. in fact he had probably the most crucial conversations with the person who entered the scheme to overturn the election, one donald trump. always a little loyal servant, pence still says he doesn t think trump should be charged. when it comes to the justice
obstruct that justice departments investigation. all of that is a sharp contrast to donald trump s handling of the situation. jill, how do you probe this question of intent? that s one of the ways, you look at how they responded when they got it. i go back to the watergate era, where there was all this question about why didn t nixon just burn the tapes? if he had done it, before we subpoena them, it might not have been a crime to do it. maybe it would not have had political consequences. luckily, he didn t. in this case, there was no compulsion, no one asking for these. he knew that they should not have been in his possession. he returned them. he did all the right things. that shows intent going back to why did he have them, why were they there? you just looked at who pack to have the documents. and the special counsel will be talking to the people who
to, them no effort to conceal them, no effort to obstruct the justice departments investigation. and, alex, you can be sure that president biden will be continued to be asked about this as he comes back to wilmington with a team of white house reporters have been trying to ask him about this today. indeed, thank you very much allie raffa, there in wilmington. let s bring in msnbc political contributor and political reporter, we have alexei mackinnon, joining us as well as and legal affairs columnist for politico. welcome to you both, i don t see alexei, there you are. so let s get into the biden administration and how it has been handling the discovery of these documents, because there certainly has been some criticism. let s take a listen to what former white house press secretary and now msnbc host, jen psaki, take on it. and the lawyers are probably saying to them in a moment like this, if you make assertions