investigators seizing his phone and other electronics including his laptop and ipad. the building doorman escorted the feds into giuliani's new york city apartment. we know the probe includes alleged crimes regarding the first election plot that got trump impeached back in the day, the og impeachment. it was a sorted and failed effort to get ukraine, a foreign country to meddle in our election by ginning up a fake investigation to attack the bidens. giuliani's talks with a conservative writer who pushed that ukraine dirt, according to "the wall street journal." it probed giuliani's odd attempts to hype that writer who now figures into this probe for pushing ukraine conspiracy theories about democrats. >> the ukrainians brought me substantial evidence of ukrainian collusion. put them all on tape. >> now, throughout the trump era former prosecutor giuliani acted in ways that seemed bizarre or reckless where he thought he was legally bulletproof. that includes the public ukraine trip with oan where he admitted what he was up to, plotting against the bidens. >> america's mayor stepped foot in ukraine for the first time in two years. >> there is evidence in the ukraine of collusion. biden is involved in it. i can prove somebody else committed the crime. and that's why i started it. >> so you did ask ukraine to look into biden. >> of course i did. >> of course he did. but more evidence is emerging tonight about why giuliani appeared to act with such impunity. "the new york times" reports the suspicious development that these independent prosecutors up in new york had been trying to search giuliani since last year. it reports that they thought they had the goods for this, this raid they did today, back then. but top trump officials repeatedly blocked their legal requests for a warrant to search giuliani's home. first there was a citation to the upcoming election. then blocking it again after the election. this new york times bombshell about tonight's raid ends with a passage that reinforces something important and something i want you to keep in mind tonight. it reinforces how much of the damage to law enforcement by donald trump in that now ended era hangs over the government today. trump sought once more to block the warrant. after the election trump was still contesting election results in several states. a legal effort being led by mr. giuliani. let's be clear about what that means. donald trump tried several different plots to cheat in the election and to go after biden. he tried to cheat against biden before there was any voting with giuliani pushing this ukraine probe that's now under investigation. and trump tried to cheat after the vote after the vote that beat donald trump with the same lawyer, giuliani, going around the country trying to find people to change vote tallies and find votes in georgia and stop the electors, leading to the violent and failed insurrection to stop those electors on the last possible day. on that formal certification day of january 6th. you remember it. we remember it. the president is going to speak about it at some point tonight, we're told. we all lived through it. but today with this legal news, we are learning that during much of that time prosecutors were urgently pushing to get live evidence from giuliani who was protected reportedly by trump's aids as giuliani fought to keep trump in power illegally. they tried to end american democracy and overthrow the election. even today, if i sit here and say that fact to you in the news, it sounds sort of extreme to say. but it's what they tried. it was extreme. trump remains under criminal investigation for that plot in georgia right now and giuliani is under increasing, heavier pressure right now. and then if you factor in and recall that increasingly desperate and unhinged set of performances by giuliani as those legal lines to contest the race closed up in december and january. >> those are the ballots that were stuck in the machine eight times, nine times, ten times. >> all the networks, wow! all the networks! >> i don't know what the vote in michigan is. >> our vote is owned by two venezuelans who were allies of chavez. >> let's have trial by combat! >> did you all watch "my cousin vinny"? you know the movie? >> did you all watch? it looked down right bonkers at times. it would have been absurdedly funny if it wasn't so serious. but as bonkers as it was, it also now makes a tad more sense tonight from giuliani's perspective because the desperate lawyer knew that with his prize client out of the white house, he would lose his legal bulletproof vest. his client could no longer pardon him for anything he only knows whether he did or not. and giuliani already had reason then to worry because his own indicted associates had already flipped and were speaking out against him. >> president trump knew exactly what was going on. i wouldn't do anything without the consent of rudy giuliani for the president. >> the president of the united states, i can tell you this, is asking for this. >> president is asking for it. his lawyer is pursuing it. and the feds are looking at it. now, giuliani denies any wrongdoing tonight. we have more of his response coming up. but he is the second trump lawyer to find the feds raiding his home. this is the second time donald trump has found his top lawyer needs a criminal defense lawyer. and this time, donald trump has no federal power, no privileges, no immunities to speak of. we're going to bring in our special guest on this big breaking story. john flanry, you can see her, once worked directly with rudy giuliani in new york. good to have you both here. john, how bad is it? and how much trouble is giuliani in based on this news? >> i think he's saying to himself, geez, i wish i had asked for that pardon. i really could use that now. i think he's in a lot of trouble. and i think that the combination of what they were doing has always implicated rudy because it made no sense to give those funds according to the first indictment, except to effect what was going on in ukraine. let me explain. rudy wanted to get rid of the ambassador who was in the way. the first indictment involved these ukrainians and had a section devoted to pete session's role as one of the people who received contributions and that he was going to write for the secretary of state mike pompeo and urge him to get rid of him. what people haven't paid attention to was there was a superseding indictment. and that came down in september of 2020. and the references to ukraine and the references to peter sessions and so forth are all muted. now let's go back a little bit. i don't know when they squelched the first effort to get a search warrant during the trump administration when barr was in charge. but you may remember in june, i think it was june the 20th of 2020, the u.s. attorney, berman, was kicked out the door. >> yep, we covered it. >> and then three months later, we have the superseding indictment. so we have a lot of things going on here. we have a target, and i believe he's at least the subject of an investigation, target technically means we have enough to indict him. so we have the subject of an investigation. we have him saying on camera right here in my cell phone i have all the information about everything that happened in the ukraine right here. it's all here. the question is is what they got on the search today? if not, because he's been investigated a long time, did he destroy what was on that phone, which is another offense? >> and if whether or not -- whether or not he -- let me jump in, don. >> he's in trouble. >> whether or not he tried to destroy it, if it's digital communications, they have a lot of measures to claw that back. before i bring joan in, you did mention, john, the talk of both the squelching of warrants and then his public claims. oh, he didn't even want a pardon. here's briefly what he said about that. >> i'm not seeking a pardon. >> he denied that then. >> not so funny now. >> well, john, when you say he's the subject and potentially a target and you look at all this piling up. is there, in your view, a secondary scandal that the justice department may have crossed the line in trying to protect him? or do you think it's possible that they made a good faith decision to block the warrant and this new justice department just came down on a different side? >> well, given the history of barr as a spokesperson and the toil for trump in every situation and given that this was a friend, the lawyer, the advocate that is rudy giuliani, it makes sense that they thought they were trying to protect them. so my starting point, my hypothetical i would test is an investigation. who in the department was involved in the decision not to approve that search warrant? what the correspondence was, and what they did, that is an investigation that has to happen. in the southern district we have to look again at the firing. >> yeah. when you look at the firing, that's right for the inspector general and congress to look at. i don't think we can prejudge it at times. joan, you have followed the giuliani involvement for so long, the second lawyer for donald trump who now needs a lawyer. your views on this? >> today is the equivalent for rudy of the total season's landscaping meltdown, where he had the hair dye dripping. we haven't seen him yet today, ari, but somewhere he's sweating. he knows he is in trouble. you guys have the legal issues covered so well. i want to stick to the politics for a minute and even beyond politics what this says about our democracy and the assault on our democracy that we have endured, that we endured under the trump administration. i mean, it really is striking that rudy is at the heart of, first of all, taking perhaps foreign money to get dirt on joe biden, doing whatever he could, again, anti-democracy, not anti-democrat, anti-democracy. leads to the first impeachment. congratulations, rurudy. and then he's at the heart of the second impeachment, leading the charge to get various election results overturned. it is laughable. we laugh. we show him shoving in the ballots and this is what they did and there is the hair dye and all of that we saw. but as you said, it's really not funny. and then there is the third contribution, which is, as you showed, he went and incited violence on the day that five people were killed in a riot in the first kind of insurrection of its kind. so it would be funny except it's really dangerous. i just want to add one more thing about bill barr. you guys have the legal side covered. but that's what jumped out at me. we don't know why. we could try to give him the benefit of the doubt that there are really good reasons to turn down these warrants. i don't believe that for a second. i don't think you do either. but why did it take 49 days for the republicans to confirm merrick garland? i mean i don't know that there is anything there. but i looked it up. it took 19 days to confirm jeff sessions, who is a much more controversial choice, honestly. and, so, you saw this bizarre stone walling. first they won't let the man on the supreme court. then it looks like they won't give him a confirmation hearing on this. they finally did. it was confirmed. but it was day 49. i find that fascinating, too because once merrick garland gets in there, a lot of things happen fast. >> a lot of it is simply the democracy of it. trying to cheat an election is a huge deal whether or not prosecutors later find was it such a high bar was it worth going forward with indicting a lawyer? there is reasons why it is harder to execute this search. although, they cleared that bar clearly today and whether or not you indict a politician or a former president. those can be debatable legal questions. but on the democracy front, joan, walk us through what it means that everyone bear witness to just how dirty and reckless and brazen this multi-week effort was after the votes were in to steal the race. >> well, it was brazen, and it was hiarious and it was defeated. and some republicans in the states -- there were more republicans in the states, ari, that stood up to trump, that stood up to giuliani that said, no, we have audited. we audited. we looked at this. we'd love to find, you know, that it turned out different. but it didn't than republicans in the house or senate for sure. and the fact that rudy giuliani was at the heart of it, periodically it made it more ridiculous, right? we laughed at certain things. but it was -- it was so brazen and it was so thuggish. it's a thuggish way of operating that we heard all along during the trump administration. but giuliani was just -- he thought he was unstoppable. i will also say when he laughs about the pardon, that's the tell to me he wanted a pardon. i don't know why he didn't get one. but he wanted a pardon. he didn't get one and here we are. >> there are other people involved in clashes with the president who still ultimately got their legal salvation. he didn't, which is really striking. john and joan, thank you both for kicking us off here. coming up tonight, my special report from inside the white house. an exclusive with aids giving us a preview of tonight's speech a whole lot more. but first james carville is live when we're back here in just 30 seconds. conds. an air force veteran made of doing what's right, not what's easy. so when a hailstorm hit, usaa reached out before he could even inspect the damage. that's how you do it right. usaa insurance is made just the way martin's family needs it with hassle-free claims, he got paid before his neighbor even got started. because doing right by our members, that's what's right. usaa. what you're made of, we're made for. ♪ usaa ♪ the big biden speech is tonight, and we're with someone who knows his way around great speeches, james car vi. great to have you, sir. james, i'll share with you, and i mentioned to viewers last night, i was just at the white house where aids believe this night can be crucial to biden's next spending package. that report is coming up shortly on this hour of "the beat." but i want to share you an early leak of the speech where biden we're told will say tonight wall street didn't build this country. the middle class built this country and unions built the middle class. walk us through what we're learning here, james, about where this speech is headed. >> well, this is a revolutionary presidency. it just -- he's a very modest guy and people kind of like that. but, i mean, he's really trying to change the equation of power in this country. the union power has gone a long way in this country for most people. and he's actually trying to rethink the tax code and other things to really change the power dynamic in the united states. and it needs to be changed. i mean, inequality was just off the charts and everybody knew it and no one wanted to do anything about it. he just stepped in and said i'm going to use the power of the federal government to change the power dynamic in the united states to give ordinary people more power than they had because the power was declining since the '50s or '60s. i think he's addressing a real problem in modern america, and that is that very few people have almost all the power in the country. >> that's both true at the economic level. there is also a great rift growing within the republican party that biden in these early days seems to be able to exploit, which is voters in the republican ranks have welcomed parts of the domestic spending and stimulus checks, the first covid package, while their elected officials don't. i want to air now for the first time as mentioned, we were at the white house and i asked the communications director about the context about this. take a look. >> are we going to continue to see this split where president biden can outline a spending or a support program and see that support in the country but somehow not from any republicans in congress? >> you know, i think this is an interesting question because i think this is one for -- in many ways for republicans on capitol hill to answer. a lot of republicans across the country. in many cases a majority of republican voters say they support the plans that president biden is putting forward. i think they will have to go home and explain to their constituents why they're opposing it. in many ways it is a question for them. >> james, your view on the sheer politics here on what the white house communications department is pressing here. put republican officials on their heels because he has some of their voters. >> yeah. i agree. i think if he just forges ahead and talks about empowering middle class and more middle class people, talks about -- you know, a lot of people, republicans, support their higher taxes on wealthy. most of their voters have had to really struggle and have really suffered as a result of the inequality and declining wages that we have out there. so i think he just needs to talk to republican voters tonight, not to republican legislators. republican voters will in the end speak to republican legislatures. but i would go right to -- and if you get 10%, 15% of these republican voters behind you, then you have changed sea level. but little results produce big things. and he is addressing what strikes me and most people, you know, inequality and climate. i know there is a third problem that the united states has, but those two seem to dwarf everything else in my mind and i think a lot of voters' minds. >> james, we come to you because of what you know but also because of what you lived through. i was always raised to respect the elders, especially the ones who have done the work. i'm thinking about that because here we are in a time of tremendous disruption. we all know life has changed a lot this past year and this past decade and technology and everything. and, yet, americans did lean in first in the primary and then in the general to someone who had done the work. joe biden has been around. he did support obama. he really did play by these rules. with that in mind on this big, historic mind, take a look at something we pulled, kind of interesting all the way back to a younger joe biden with the democratic response. >> we can criticize the republicans, and we will. we think, frankly, though, it is time we put up or shut up. >> very positive and hopeful democratic view, a vision of america that says we can rebuild to a stronger economy. we can create better and more secure jobs. and we can really put this country back to work. >> what do you see there, james? >> well, i see a guy that's not even two years older than me. you know, time will tell. i think remarkably enough and i have several times been corned by then senator biden on the metro line, and i haven't talked to president biden in some time. it's the same guy that i used to see on the mote rhe metro line '80s. i mean, he's really -- there is no surprises with him. we had someone on my podcast that covers him as hard as anybody. when people ask me about him, i see, you know, what you see is what you get. and you have been getting the same thing for 40 years. i mean, i'm sure he's changed some positions and sort of evolved in his thinking on the big issues of climate and inequality and that kind of stuff. but i think that president biden you are going to see tonight is not a whole lot different than the senator biden that you saw in the videos that you showed me from a long time ago. >> yeah. >> i think people sort of like that. they're comfortable with that right now. >> you reminded me of -- sometimes i look to wisdom in the poetry of lyrics, james. you reminded me of a christian themed rapper who says, the reason why i sound the same is the truth don't change. so what biden would say about the middle class was true then and now as well. >> thank you. >> up ahead, we go inside the biden white house, as promised, looking exclusively at the prep for tonight's speech. i have an exclusive on the giuliani raid. we will be joined by the former head of the district of new york who is executing search warrants on rudy giuliani. ou... is what business is all about. it's what the united states postal service has always been about. so as your business changes, we're changing with it. with e-commerce that runs at the speed of now. next day and two-day shipping nationwide. same day shipping across town. returns right from the doorstep, and deliveries seven days a week. it's a whole new world out there. let's not keep it waiting. cranky-pated: a bad mood related to a sluggish gut. miralax is different. out there. it works naturally with the water in your body to unblock your gut. free your gut, and your mood will follow. plant-based surfactants like the ones in seventh generation detergent trap stains at the molecular level and flush them away. it's just science! just... science. seventh generation tackles stains. 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'cause we are. now we turn to our exclusive special report airing for the first time right now, reporting from my visit inside the white house as president biden and his team prepped his first address to congress. >> president biden is about to deliver his first speech to congress and final preparations are underway at the white house, where we got a rare chance to report from behind the scenes of this address. with key staff prepping in the west wing during the pandemic as others work remotely. >> there is a huge amount of energy around tonight. because of the pandemic of course we don't have the full staff on site that we would normally have in a normal year. but we have grown accustomed to, like everybody in the country who is doing office jobs, we have grown accustomed to working my zoom. >> they anticipate a speech that's historic for several reasons, including a nearly empty house chamber. >> the empty room is about responsibility. interacting with people for him is a huge part of how he draws energy, so it is a challenge. >> how do you convey energy to a room that is mostly empty because of safety protocol? >> we have never experienced anything like this before. neither have you, right? none of us have. he's going to do the walk down the aisle. he'll be wearing as mask and take it off when he's speaking. he knows he's speaking to the audience of millions of people watching at home, too. >> good afternoon. >> jen psaki is a familiar presence behind the podium and she's been working on the big speech. >> how many drafts would you say have been through this computer? >> several a day. >> she has tapped into a familiar theme with anyone working for this president, make it clear. >> it takes an enormous amount of prep and an enormous amount of grabbling through, is this the right language. does this sit with how he would talk about this? >> how do you know when he likes a line? how does he engage with the process? >> i can tell you how you know he doesn't like a line. >> how? the type of thing that he's most likely to strike is what? >> an acronym. >> there will be no acronyms, i think we can confirm, in his speech. >> that kind of clarity takes time. >> he started on a draft probably two weeks ago. he's been working on it almost every day with mike donlin. >> line editing, asking for clarification, wanting more information. >> he's more of a night owl. he really likes to work in the afternoon and the evening on speeches. >> he's a details guy and sometimes he wants to bring in a policy person and asks more questions about what more he can put into the speech. that's the process. >> all those edits aim for a more than eloquent address. this is an effort to pass another $2 trillion in spending. that's where biden's economic team comes in on the president's council of economic advisers, which sets the policy behind the address. >> what is the economic question that the president wants to answer here for the country? >> president biden's focus from the campaign through governing has been how is it that we can grow and support america's middle class? we also have a lot of room to raise taxes. and really make sure that firms can't just hide their profits overseas, that everybody has to pay their fair share. >> the speech writer's strategy is to turn that economic plan into a crisp choice for a nation still battling the many costs of the pandemic. >> how can america afford the next round. >> how can we not afford it? the president looks at the country and sees ten million people still out of work. we still have people dying every day of covid. we have made a lot of progress. but part of what this speech will focus on is all the work we have ahead. >> and biden has seen his share of these addresses. >> he served 36 years in the senate. hi attended this speech as vice president for eight years. he knows exactly what this opportunity is. >> but this time he's moving a few feet forward to center stage. and those two spots behind the president, the top officials in the line of succession, will be filled for the first time ever by two women, a moment biden be formally mark on the big night. >> this speech is the first time we will see both those two seats behind biden filled by women. >> it's about time, isn't it? the bth will note that in his speech as everyone at home will note as well. you have a female speaker of the house. you have a female vice president. these are two of the most powerful people in our country. i have a daughter. i hope she looks at it saying look at those two women behind the president and hopefully it sends that message, too. >> pandemic or night, these nights matter because the nation is watching. the stakes are high. while the speech itself may finally be done, how america rebounds from this tough time and its future are yet to be written. >> madam speaker! >> the president of the united states. [ applause ] >> that's our special report. for more perspective. we turn to political veterans who plan nights like this, cornell and matt, who was chief speech writer to joe biden when he was vice president. good evening to both of you on the big night. >> good evening. >> good to be here. >> cornell, what did you think of what we heard from this new biden team there in our report and maybe it brought back memories for you? >> well, it did bring back memories. but it brought back memories in a much larger american way because i think these first speeches out are important for presidents because it is usually the president's big pitch to americans. and, you know, if you go back to jaime carter, it was around energy, which is understandable. and reagan and even clinton sort of focussed on budget and the economy. and the guy i worked for, you know, ari, his first big pitch was talking about rebuilding america and america is going to come out of this better and stronger than we were before because, again, we were coming out of this economic crisis. so i think it is a really important moment for biden to pitch his ideals about sort of how we're going to build america back better. and he will be focussed on rebuilding the middle class. but it is really important who has seen a crisis in the last few months. so he will be focus on the middle class and those aspiring to be middle class. it is a moment to talk about his big pitch for americans. on the political side, ari, to put republicans on the defensive because they're not for any of these things that i guarantee you have been well poll tested and the vast majority of americans are for. >> matt, what did you learn working so intimately with joe biden on his speeches? >> number one, this is a man that cares deeply about what he says. and i think that's because he authentically tells about the story he's telling the american people. i think that's an important thing now. what he's doing is the empathy that people see from him is real, and he has spent these 100 days helping out a lot of people. and i think there is going to be, there should be, a bit of what people are calling a victory lap just saying, look, this is what we have already done. there is a ton more to do. people needed help. it is an important part of who he is to genuinely believe that he can help people through -- sorry, through government. and i think he's going to lay that out today. he's laid it out with his spending plans, but the way he works on these speeches, i mean, it was really like sort of funny i guess here from the outside hearing how others -- how the aids were speaking about it. >> what was funny about it? >> well, i mean, the idea of, you know, sorry, you know when he likes something and you know when he doesn't like something. i picture his eyes lighting up a little bit when he lights something. i remember that vividly. >> let me press you on that because he is known and james carville said this earlier tonight. he is known to be this sort of friendly relatable presence. what do you think about the idea what does irk him in a professional way is when people bring in the alphabet soup of d.c. acronyms and other stuff that's like, what are we doing talking about? >> he was the best at calling out that sort of b.s., right? where it's like the number one thing i remember him saying to me over and over again was speak english, which that's not even language specific, but it's like speak human. we're all humans. he's built a very approachable brand and relatable brand and all of the policy speak and acronyms, nobody knows what that is. >> that b.s. itself is an acronym. >> that's true. >> but as a family show, we're fine with that one. >> he would use the real word. he would use the real word. >> i want to take that to one quote here. we have another quote here. you feel left behind, the president we're told will tell the nation tonight in his first big address and to congress and forgotten in an economy that's rapidly changing. let me speak directly to you. being good communications strategist, we don't have what he's going to say after that. but what does he want to say to make sure he understand this talk of rebound and things getting better? that's fine. but there is a lot of work to be done and there is a lot of people in this country who aren't going fine, who aren't watching the markets. they're watching rent and they're watching jobless claims and they're still dealing with what has been a punishing year and according to economists one of the most unequal recessions in the modern era. >> yeah. look, one of the most important things, and i think sort of in communication and messaging, is to understand and feel the anxiousness and concerns and understand the values of the broader voters. voters, you know, you can put forth a ten-point plan that goes into crazy detail about every little thing that you're going to do. but we know in reality voters aren't going to read or follow that ten-point plan. what they really want to see and understand is that -- is that the person who is in charge or the person who is making the speech understands them and gets them. and i think that is a line that is what i call a head nodding line. you can see it in research when you test things and you see the people and the folks start nodding their head. it is a head nodding moment. that is the gold in any speech, is when americans sit around and they don't have to say anything. they just nod their head with it. speaking to the anxiousness that middle class families are feeling and that sort of economic cross pressure they're feeling that a lot of us argue trump spoke to in the midwest to a certain extent to him sort of speaking directly to that i think is critical and critical for not only his presidency but for long-term success of democrats. look, joe biden won a lot of votes in 2020 that had not necessarily been democratic votes. and democrats did a lot better in suburbs with middle class families than they did under certainly under obama or in clinton's run. speaking to the anxiousness and the angst of those middle-class voters are critical to his presidency and critical to democrats long-term. >> all really interesting as mentioned from insiders. cornell and matt, you have given us a great way to think about tonight. i have to fit in a break. but after the break, more on giuliani being raided by the feds. he's in trouble. we know that. we have a special guest who ran the office doing the probe, the former chief of the southern district of new york after this. . that's why we created verizon frontline. the advanced network and technology for first responders. built on america's most reliable network. built for real interoperability. and built for 5g. it's america's #1 network in public safety. verizon frontline. built right for first responders. you can't plan for your period's... what the gush moments. but the right pad can. only always ultra thins have rapiddry technology and, they absorb 40% faster. the gush happens fast. that's why always absorbs faster. 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(burke) go ahead, phone it in. ♪ we are farmers. bum-pa-dum, bum-bum-bum-bum ♪ ♪ yum yum yum yum yum yum yum ♪ ♪ yum yum yum yum yum yum ♪ ♪ yum yum yum yum yuuum yum yum yum yum yum yum yuuum ♪ ♪ yum ♪ ♪ yum yum (clap, clap) yum yum (clap) yum yum ♪ breaking news today as federal investigators raied rudy giuliani's office and home. his attorney is speaking out and criticizing the search warrant and noting in his view he believes it involved one indication of an alleged failure to register as a foreign agent. that's trying to narrow what's at stake. now, that's giuliani's lawyer. we don't have all the information about what this criminal probe is looking at. giuliani raided of course by the very same office that he once ran as u.s. attorney for the southern district of new york, a famed, prestigious and independent office that was also led by our next guest, attorney david kelly. in full disclosure, he is my former legal boss. good to see you, sir. >> good to see you, too, ari. >> you are here not because i know you but because you know this office. what does it mean when the southern district goes this far to raid and get evidence from a lawyer, especially a lawyer to the former president? >> so, look, you don't get a search warrant unless you can show probably cause to believe a crime has been committed and that evidence of that crime is in the place where you want to search. probably cause means more likely than not. when you are dealing with an attorney search warrant, all of that is really heightened. i mean, a prosecutor can get and get a search warrant any time they want. if they want to do it for a lawyer, it goes up through the ranks of the department of justice. interesting thing here, too, is reports that this was something that was tried months ago under the trump administration went up through the ranks and one report i read was that it was not undertaken because they didn't want to interfere or disturb at all the electoral process. and subsequently the trump appointees did not want them to do it. what's interesting about that, among other things, is the fact that we have gone now several months later. so there is a thing called staleness. staleness means that, you know, it may have happened a long time ago, but is it -- is there still evidence there? and in order to overcome the staleness, the prosecutors would have to go to the judge and say, look, we knew this back in november. but we since have learned x, y and z to show us that that evidence is still likely to be there. and, so, that's -- i think that's an interesting element here. >> you are zeroing in on something really interesting. we mentioned "the new york times" reporting about the timing but we didn't go into the depth you just did so what you're explaining is this isn't some situation where you're on a fishing expedition, you're looking at everybody and you hope to find things. you are saying these prosecutors need to prove to a judge more likely than not the evidence of a crime is in giuliani's home and office today. >> that's right. what's also interesting, too, is reported comments by either giuliani or his lawyer that said they had been working with the prosecutors and giving information. they had instilled in the prosecutor's confidence in those conversations, then they would not have likely gone to get a search warrant and likely would not have been granted a search warrant had those conversations been like as a fruitful and instilled in the confidence in the prosecutors that they were getting told the right story and receiving the information they believed to be there. >> yeah. from the publically available information, do you see any warning signs here legally for donald trump? and does he maintain his attorney-client privilege confidentiality as they review his lawyers conduct? >> i think it is too early to tell. we don't know much information. but i'll say this. i mentioned a moment ago about the heightened level of scrutiny. what that means, among other things, is that once they seize the evidence, there will be a process in place where people will review the evidence. they will have a wall between the people who review the evidence that initially is seized and the prosecutors who are handling the case so that the prosecutors handling the case do not receive any information that they ought not because of, for example, attorney-client privilege or maybe even perhaps, in this instance, executive privilege. >> all great points. and you make them clearly and it speaks to what a spectacular legal and political situation it is. the former president now seeing his second lawyer raided. and as you say, there will be very careful protections taken for his legal privacy. and, yet, a lot of questions remain about rudy giuliani. david kelly, thank you as always, sir. >> thank you. nice to see you. >> you too. what did rudy giuliani say about donald trump turning on him? and why that newly matters with this breaking news of a raid of giuliani. also, i will be on late night with seth myers tonight with plenty to talk about on our sister channel nbc at 12:30 a.m. eastern. ♪ yum yum yum yum yum yum yum ♪ ♪ yum yum yum yum yum yum ♪ ♪ yum yum yum yum yuuum yum yum yum yum yum yum yuuum ♪ ♪ yum ♪ ♪ yum yum (clap, clap) yum yum (clap) yum yum ♪ if your dry eye symptoms keep coming back, inflammation in your eye might be to blame. looks like a great day for achy, burning eyes! over-the-counter eye drops typically work by lubricating your eyes and may provide temporary relief. ha! these drops probably won't touch me. xiidra works differently, targeting inflammation that can cause dry eye disease. what is that? xiidra, noooo! it can provide lasting relief. xiidra is the only fda-approved non-steroid treatment specifically for the signs and symptoms of dry eye disease. one drop in each eye, twice a day. don't use if you're allergic to xiidra. common side effects include eye irritation, discomfort or blurred vision when applied to the eye, and unusual taste sensation. don't touch container tip to your eye or any surface. after using xiidra, wait 15 minutes before reinserting contacts. got any room in your eye? 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[ chuckles ] whoo. i'm gonna grow big and strong. yes, you are. i'm gonna get this place all clean. i'll give you a hand. and i'm gonna put lisa on crutches! wait, what? said she's gonna need crutches. she fell pretty hard. you might want to clean that up, girl. excuse us. when owning a small business gets real, progressive helps protect what you built with customizable coverage. -and i'm gonna -- -eh, eh, eh. -donny, no. -oh. keeping your oysters business growing -and i'm gonna -- -eh, eh, eh. has you swamped. you need to hire. i need indeed indeed you do. the moment you sponsor a job on indeed you get a shortlist of quality candidates from a resume data base claim your seventy-five-dollar credit when you post your first job at indeed.com/promo i've seen things written like he's going to throw me under the bus. when i say that, he isn't, but i have insurance. >> i have insurance. rudy giuliani, that was 2019, making that sort of claim against his own client, donald trump, and then later he tried to walk it back as so many people did so many times in that trump era. it was just a joke. it might look different tonight as we are just hours away from the fbi raiding giuliani's home and office. we don't have any real specific comment from the former president on giuliani's legal troubles, a person who went around the country as his lawyer and as his election warwarrior,t the two did have a falling out in january. trump told his aides to stop paying giuliani's legal fees because he, quote, did not appreciate a demand from giuliani for $20,000 a day. trump saying this after giuliani admitted on tv that trump had paid those hush money payments to stormy daniels. >> i will tell you this, when rudy made the statements, rudy's great, but rudy had just started and he wasn't totally familiar with everything and rudy, we love rudy, he's a special guy, what he really understands is this is a witch hunt. he understands that probably better than anybody. >> you have to be careful when donald trump says he loves you and you're special. it was the payments tied up in the fed's raiding other than key lawyer michael cohen who actually went to prison for an array of crimes including election crimes on behalf of donald trump. remember, these two lawyers were all caught up in donald trump cheating in elections. the president himself famously publicly threw cohen right under the bus. >> you have to ask michael cohen. michael is my attorney and you'll have to ask michael. >> what is it like when this happens? what does it mean for what's coming straight at rudy giuliani potentially? you heard donald trump, you have to ask michael. let me tell you this. tomorrow, we will. michael cohen will be here on "the beat" live for an interview at this newsworthy time with his insights into donald trump and the investigation into his fellow trump attorney, rudy giuliani. whether either of them end this on trump's side? well, that's what we're going to see. 6 p.m. eastern right here on "the beat." that does it for me. thank you as always and don't miss msnbc's coverage and it continues with "the reid out." r" this is the sound of an asthma attack... that doesn't happen. this is the sound of better breathing. fasenra is a different kind of asthma medication. it's not a steroid or inhaler. fasenra is an add-on treatment for asthma driven by eosinophils. it's one maintenance dose every 8 weeks. it helps prevent asthma attacks, improve breathing, and lower use of oral steroids. nearly 7 out of 10 adults with asthma may have elevated eosinophils. fasenra is designed to target and remove them. fasenra is not a rescue medication or for other eosinophilic conditions. fasenra may cause allergic reactions. get help right away if you have swelling of your face, mouth, and tongue, or trouble breathing. don't stop your asthma treatments unless your doctor tells you to. tell your doctor if you have a parasitic infection or your asthma worsens. headache and sore throat may occur. this is the sound of fasenra. ask your doctor about fasenra. if you can't afford your medication, astrazeneca may be able to help. cell phone repair. did you know liberty mutual customizes your car insurance so you only pay for what you need? 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