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The pentagon warns money is going to run out. The president being briefed. The disarray on capitol hill, does it worry you wont be able to deliver the aid the u. S. Promised to ukraine . It does worry me. The President Backtracking on his promise, now approving construction to restart the border wall. This as the migrant crisis escalates and approval of his Immigration Policy Plummets in the polls. Trumps courthouse tantrum. Im stuck here because i have a corrupt Attorney General that communicates with the doj In Washington to keep me nice and busy. The former president storming out of his trial which he was attending voluntarily and fundraising at the new York Attorney general responds. The donald trump show is over. Good day, everyone. Im Andrea Mitchell in new york. Congress is out for a week, but among republicans, the race for speaker is alrea in full ing. House republicans Steve Scalise and jim jordan are off and running. There are plenty of time for others to jump in. Back in january, it took Kevin Mccarthy 15 roll call votes over four days to win after granting major concessions to the far right, including the one person threshold on the motion to vacate that opened the door to mccarthys ultimate downfall at the hands of matt gaetz. In an nbc exclusive, jim jordan telling ali vitali, if he became speaker, he would let his fellow republicans decide whether or not to get rid of that controversial one person motion to vacate rule, which could also doom the next speaker. I tell you what, if thats the what conference wants to do, then i would support it. The question becomes, you have to All Of Us On Board for that. I wouldnt go to democrats to get votes. They will want something. You have to do that within the republican conference. I do think im the guy that can unify the conference. The other candidate, Steve Scalise, has had support in the past from gaetz, who is almost a political pariah for forcing mccarthys ouster two days ago. Another possible contender, oklahoma congressman kevin hern. We start with nbc news capitol hill correspondent ali vitali, former republican congressman from pennsylvania charlie dent and republican strategist susan del percio. Ali, in the past 24 hours you have spoken with scalise, with jordan, with hern. How is this shaping up . Reporter its going to be a crowded race, which isnt surprising given the messy fashion with which we got into this hunt for a new speaker. Now the way that republicans are going to have to try to chart a way out of this. I have to tell you, with the two official candidates of jordan and scalise, as well as hern as Someone Making Phone Calls and actively in the hunt, though not yet officially announced, theres no clear consensus to have a path to 218 like it was for mccar is now 217 because of vacancies and absences. It looks difficult for republicans to come together in the early part of next week and actually get out of this in an efficient amount of time. On tuesday, we expect they will huddle Behind Closed Doors and these people who are running for speaker will make their pitch. Then on wednesday, they will do what they have done in the instances of picking past speakers, which is vote Behind Closed Doors, try to come to a consensus there and then go to the floor in an attempt to avoid some kind of food fight in public fashion. We know thats not how it worked in january. Its likely not how its going to work now. It does leave the conference at the impasse that as republicans have told me, they dont think they are leaving the room on wednesday with some cleacut choice. Charlie, you have been in the room where it all happens. You know all the players. Does anything that any of them say right now about promises before they actually get into voting, does anything matter . I think a lot matters right now. The only thing i would say that Patrick Mchenry should plan to be the Interim Speaker right now. What promises are being made . Jim jordan insists some say, i will not support you unless you dont bring up a vote on ukraine funding. I could see that demand being made. Very small tail wanting to wag the whole dog. These are things that we will never see in writing. Those things are going to be talked about. Right now, this is wide open. I dont think there will be a consensus. They will have some votes, depending on how many candidates run. They will get down to two. Somebody gets a majority of the House Republican conference, then they have to get that number 217 on the floor. Susan and i were talking. Theres one person ing, and thats hak jeffries. He probably has 214. Nobody is close to 200 right now on the floor. Susan, lets talk about alex wagner, progressive my point to charlie was, is anything they are saying publically the side deals are happening all over the place. Its interesting, one of the things people said about mccarthy was they didnt trust him. He went back on a lot of deals. He went after the democrats on the sunday of not shutting down the government. No one thought mccarthy was strong. Thats probably why the democrats didnt even want to get involved. He wasnt a strong leader. Forget if you could trust him. With the side deals, i just i dont see anything being offered that will make get someone to 217. What they should consider i like to believe that maybe something good can happen is some Power Sharing Agreement. Bring large members from both sides, the Problem Solver caucus, to get behind somebody who would consider that. To that point, this is what they said about some sort of a coalition government. This is really their family problem. This is not for democrats to wade into this pigsty. Its for republicans to choose their speaker but recognize that we are always ready to work with republicans who want to be bipartisan. They might democrats might prefer Steve Scalise who would seem to be less of a bomb thrower than jim jordan. But jim jordan might have the fighter in him that might be more appealing to a majority of the republicans. May. What susan said about Power Sharing is not out of the question. I think we should take it seriously. In 2015, you may remember when Kevin Mccarthy was taken down, paul ryan didnt want the job. We were in chaos. We did not have a consensus candidate. I never really talked about it publically, but i was approached by democrats to would you be interested in taking the job . We will get you votes. Bring x number. This is what we need. We never got off the ground because paul ryan decided he was going to run. Wasnt that a more reasonable time . It was. But i could still see a Power Sharing arrangement. Susan and i were talking about the senate was 50 50. You could do some things to entice maybe some democrats maybe just vote present to thrower the threshold. They could do things to facilitate a speaker. Clearly, a vote of present would give them the power. They could have done that before. They could have marginalized matt gaetz and company easily if anyone had figured this all out or had been willing to do that. Susan, let me show you something that jim jordan was asked by ali vitali about how he could having gone for impeachment, pushed impeachment and been such a bulldog during the other impeachments, how he could work with the president if he were the speaker. Lets watch. If i get the votes and get the privilege of being speaker, thats how it works in our system. We will deal with them. They will deal with us. Kevin mccarthy is the one who said we were in Impeachment Inquiry phrase. Worked to get a 1 cut i was talking about in the debt ceiling agreement. Thats how our government works. Whats your read on that, ali . Reporter i was surprised by that. Specifically because it doesnt engage with the premise of the question, which is that he is someone who has been leading the Impeachment Inquiry, not just against the current president , but also against hunter biden, multiple other members of the administration. The specific question that i asked was not just, how do you deal with him, which effectively jordans answer is, if im speaker, he has to deal with me, but more, how do you do that in good faith and with any mod modicum of trust . When you make deals that are tenuous and in divided government, thats what you have to do, you do need a little trust currency there. Jordan wasnt engaging with that premise. I also think to circle back on the thing you were talking about, this idea of a Power Sharing Agreement or something bipartisan, we talk about the fact that in a slim majority situation Like Congress has right now, any member on the republican side can be a kingmaker. We have only seen more ultra conservative, maga republicans, actually be the ones to try to leverage that power. The moderates, they are angry. I talk to them often. We have not seen them actually pull together in a group of five or six and leverage their power in any substantive way. Ali vitali, charlie dent, susan del percio, who is nodding to what ali said, we will leave it there. Thanks to all of you. The president does a 180 On The Border Wall, waiving federal laws to allow new construction to begin along the rio grande. More on that coming up next when Andrea Mitchell reports is back in 60 seconds. Stay with us. You are watching msnbc. 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A major reversal from the Biden Administration on the border, as there has been an influx in illegal crossings. The Biden Administration waiving 26 federal laws to allow border wall construction along the Rio Grande Valley to resume. This is an aboutface for President Biden who vowed to stop construction On The Border Wall which began under president trump. Here he was during the campaign. There will not be another foot of Wall Constructs in my administration. Joining me now is gabe gutierrez. I gather they are pushing back on the idea that this is a back flip. Reporter thats right. The white house official who i spoke with said this project was announced in late june and that the request for the waiving of the environmental laws was tied to the end of the fiscal year. As you noted, mayorkas sent a notice overnight talking about the urgent need for this project, 25 miles of border wall in texas. The Dhs Secretary said there is an acute and immediate need to construct physical barriers and roads in the vicinity of the border of the u. S. He mentioned Rio Grande Valley has seen more than 245,000 illegal crossings this fiscal year. Thats why the administration is waiving these environmental laws. I did speak with a white house official that said in order to follow the law, the administration had to use this money. Thats because the white house says it was appropriated by congress in 2019, during the trump administration, and it had to be used or else it would be a violation of the law. Certainly, this comes amid growing pressure among democrats, fellow democrats across the country, in cities like chicago and new york that have been dealing with migrant influxes. This white house official told me that pressure from democrats was not tied to the decision to waive these environmental laws. There are a couple of factors here. The most recent nbc poll shows republicans now enjoying an 18point advantage on the question of which Political Party is handling immigration better. That was never the case under president s bush or obama. The issue of immigration is front and center in the election. Two days ago, three days ago, the governor of illinois wrote a ferocious letter, furious letter about the migrant crisis in chicago. Blue states that are getting upset. He has been arguing with new yorks governor over this. Reporter thats right. Eric adams and Governor Hochul have been blasting the administration over the last several months. Mayor adams for the better part of a year. In the last couple of days, the last few weeks that the governor of illinois, a biden ally, sent this letter to the administration calling this an untenable situation in chicago. The white house, for its part, says it provided more than 46 million in Grant Funding to chicago or to illinois to deal with this migrant influx. I spoke with one source in the Governors Office that says thats not nearly enough. You cited the polling that republicans now have a huge advantage when voters are asked which party better deals with issues of immigration. As you noted, thats a distinct change not just from bush and obama years, but also the trump administration. Over the last two years or so, since the Biden Administration took office, there has been a shift in that. An issue thats sure to come up as the 2024 president ial Campaign Heats up. Gabe, i know before you became a white house correspondent, you spent more time covering the border, you have seen the crisis up close, you have seen the tragedy there, you know of what you speak. Gabe gutierrez, thank you very much. Thanks. A Deadly Strike against a Grocery Store in a small village in ukraine. The political fight over funding the war escalates on capitol hill. We will talk to an iraq war veteran, democratic senator seth moulton about that and more. 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President zelenskyy was asked about a reporter if the stalemate in congress worries him. I think that in ukraine, we finish worry the first days of fullscale war. I think its too late for us to worry. I think we have to work on it. With the United States ive been In Washington, d. C. And i have meeting with President Biden and i had he is 100 support. White house support by bipartisan support in congress. Joining me now is massachusetts democratic congressman seth moulton, former marine Corps Officer who served in iraq and a member of the House Armed Services committee. Thanks for joining us. This is certainly underscoring how difficult things are for ukraine. Today a Russian Missile tore into a small village in kharkiv where people were gathering for a memorial service. It killed more than 50 people, including a 6yearold child. Officials in kyiv are calling this one of the wars deadliest attacks on civilians. President zelenskyy condemned the attack which struck a Grocery Store. Whats your reaction to this . Especially in the context of our stalemate. We cant agree on the money. You are right. This is incredibly concerning. I think about it not just in terms of this criminal war in ukraine thats consuming more innocent lives every day it goes on. I also think about it in terms of deterring War In The Pacific with china. China sees two major victories coming out of this dysfunction in the House Of Representatives. The first is the refusal to send aid to ukraine, because we all know that chinas watching the wests reaction to russias invasion of ukraine, because that tells china a lot about how we might react to their invasion of taiwan. They are watching carefully every step of the way whether we stand with our democratic allies or we let ukraine fend for itself. The other thing is that they are just capitalizing off the Propaganda Victory now. Russian and chinese news outlets are saying america is in crisis. Our politics is dysfunctional. The sad reality is that thats what you see right now in the republican side of the house. Right now, the house is in a standstill until a speaker is elected. Nothing is getting done. How concerning is it to you and to our allies . I think its very concerning. Its very clear that Speaker Mccarthy was not willing to put ukraine in the Budget Package that he only got through because democrats bailed him out. 90 republicans voted last weekend to shut down the government. After getting that through, after saving us from a crisis, now the republicans are having a civil war. A civil war where the likely victors, two people who announced they might run for speaker, jim jordan and Steve Scalise, have been opposed to ukraine aid. Both of them voted to decertify the election. These are not supporters of democracy. Whether in ukraine or even here at home. One of them might be the next speaker of the house coming out of the republican conference. Theres reason to be concerned. What we need to show the world, starting with the House Of Representatives today, is that america is united. That partisanship entails some bitter fights in politics back home, but its not going to support its not going to deter our support for our core principles, freedom, democracy, the values ukraine is fighting for every single day. We are about to get a feed from the oval office where the president is meeting with his National Security team on ukraine, getting a briefing, including the new chairman of the joint chiefs. Let me ask you, how do you feel about the republicans blaming the democrats for the speaker mess . Thats just completely absurd. Its democrats who continue to bail the republicans out. Democrats bailed them out of the shutdown. Republicans would be more in greater chaos if they didnt have a speaker and also had shut down the government. Thats what would have happened if we, democrats, hadnt stood together to do the right thing for the country to stand with Kevin Mccarthy and Reasonable Republicans to avert a shutdown, even when 90 conservative republicans voted to shut the government down. Theres no question this is a republican civil war. Its consuming the House Of Representatives. We need to make sure it doesnt consume the entire country. The president is going to speak in a moment, or he has spoken, but they play the tape back at any moment. Lets listen to that. If you dont mind waiting, congressman, we would love to talk to you on the other side. Your experience in combat and in administering and your leadership in just about every theater. You have been around the world as a commander. You are a trusted leader of the joint force. You are accelerating the change we need in materials of strategy and material. The secretary of defense has been bragging about you for a long time. So has the head of cia. We will get going. Today we will discuss the Intelligence Matters that are occurring. You kept current in all of these, i know. We will discuss our continued enhancement of stability in indopacific. Theres a lot we have to do. [ many speaking at once ] the Border Wall Money was appropriated for the border wall. I tried to get them to redirect it. They didnt. They wouldnt. In the meantime, theres nothing under the law other than they have to use the money for what it was appropriated. I cant stop that. Do you believe the Border Walk Works . No. You just heard the president say that he did not believe that the Border Wall Works and explained that his spending the money is because he couldnt get congress to reappropriate it. Thats his explanation. Its true. Once something is appropriated, they cant reappropriate it. What did you think about his response on all of this . Look, first of all, On The Border Wall, i dont think a border wall is going to solve the crisis. We do have a crisis at the border. Its affecting not just border states but at home in massachusetts. We have this strange situation where people need workers. Unemployment is record low. Theres a lot of people coming in, these migrant families, that want to work. We havent been able to issue work permits. We clearly have a border that needs to be closed. This is an issue that got to this point because republicans in Congress Want to make it an election issue. They refuse to compromise. They refuse to have comprehensive immigration reform. Every time a bill has come before congress, it is conservative republicans who shoot it down because they want to talk about this issue. Theres no question that we have to confront the issue. I think thats what you see the administration doing. They recently announced that they were going to expedite federal permits to construct portions of the border wall where it can be effective. I think what the president is saying, dont think this is going to solve the problem on its own. He is right about that. Thank you very much for doing double duty. I think you would agree, its great to see the new chairman of the joint chiefs for the first time there in the oval office officially i know him very well. He is excellent. He is going to do a great job. The president emphasized he is really good at thinking about how to transform the military for the next generation of threats that we face, including in the pacific and china. He and i have had a lot of discussions about this in his office. We have a regular Breakfast Series we had in the pentagon. Im a huge fan, a huge supporter. He will be great for the National Security of the United States. Great appointment by President Biden. Its great to see him actually taking office after that, shall i say, unconscionable hold by senator tuberville. Lets not forget you are right. Lets not forget that while we see him in the oval office, a great step forward, there are hundreds of Military Officers and their families waiting for their appointments. Kid cant go to school because they havent been able to move to their new community. This is decimating our General Officer corps. It still goes on. Thanks for making that point. Appreciate it. Thank you. Good to see you. Second shift. New poll numbers showing the fight for the number two spot in the republican primary is heating up. Can any of the candidates catch up with donald trump . You are watching Andrea Mitchell reports. This is msnbc. This is msnbc. Music one aleve works all day so i can keep working my magic. Just one aleve. 12 hours of uninterrupted pain relief. Aleve. Who do you take it for . From pep in their step to shine in their coats, when people switch their dogs food to the farmers dog, the effects can seem like magic. But theres no magic involved. dog bark its just smarter, healthier pet food. Its amazing what real food can do. Get it with gurus. Cargurus. The republican president ial race is shifting with nikki haley overtaking ron desantis after her strong debate showings. Although, both candidates are still trailing donald trump. In a poll, the former trump u. N. Ambassador and South Carolina governor is nine points ahead of ron desantis, who is facing even more Money Problems and moving some Headquarter Staff to iowa. Haley is in second place in a poll from her home state of South Carolina, which has tim scott trailing in fourth place. Joining me now, two veterans, jen palmieri and tim miller. Tim, is there a world in this where nikki haley catches up to donald trump . No. Unfortunately, i dont like this. This is just the reality. People like donald trump but were maybe considering looking around for somebody else, and thats who ron desantis had his opportunity to speak to. Trump has a third of the party in his clutches no matter what happens. Maybe 25 , maybe 30 best case that would like to move on from him. Then that middle group likes him and isnt sure about him. What do those people want . They might want somebody thats maga but maybe without so much baggage, maybe without such an itchy twitter finger. Thats not nikki haley. Shes from a party that no longer exists. Key voters in the primary arent interested in somebody thats more of a globalist. I say that as a compliment. Someone that feels like they are more from the bush mccain era. Jen, here come the incoming attacks from donald trump, something that tim miller remembers from the jeb bush campaign. Trump is calling haley birdbrain. Thats a winner with women voters. His campaign escalated over the weekend, allegedly leaving a birdcage at her hotel door. Talk about campaign tricks. We havent seen tricks like that in decades. Her Campaign Manager called it weird, creepy and desperate. You know what its like to get attacked by donald trump. But birdbrain, really . I would agree. Weird, creepy, desperate, yes, agreed. Im in des moines, im in iowa. I think tim is right about republicans just dont want an alternative to trump. They are not looking for somebody else. Nikki haley getting in at 20 in New Hampshire and rising in iowa, thats not small. Those numbers are real and they are not manufactured. They are organic. They are about her performance in the debate. This is significant. She could do really well in New Hampshire. I just dont know that these early primary states really matter anymore, particularly in the republican primary when he has such a large lead overall. Im going to octoberfest for ramaswamy. People said he is doing well. He could surprise people with Good Organization and enthusiasm. Maybe nikki haley comes in second here. Once you get past iowa and New Hampshire, same thing with the democrats in 2020, once they got past iowa and New Hampshire, nevada, South Carolina, biden won big. We kind of have a National Primary now. Even if the candidates can rise in the early primary states, theres no sense that there is support beyond that to overtake trump. He is ahead by 30 points. Let me just say, what about South Carolina . In her favor is after nevada she hits South Carolina, which is home turf. Then you hit super tuesday. Thats what happened with the democrats in 20. Biden led in the national polls. To be honest, i doubt it. His ability to go the distance, because he didnt do well in iowa or New Hampshire, and it turned out that people decided democrats decided there 2017, joe biden is our guy. I think probably the same on the republican side. Tim, what about ron desantis and the draining money . Donors are running away. He is sliding to third place. Moving headquarters. He cant spent all the mon he has in iowa because of the rules about what you can spend in the primary. Whats going to happen to ron desantis . These things are related. The Haley Situation is just disastrous for desantis. As somebody who worked on losing president ial primaries, i can tell you, i have done the office move. I moved from the headquarters. Its not a good sign. Its not a sign things are turning around. You are making the best of a bad situation. I think that desantis right now really needed to consolidate all of the people from the establishment Republican Lane Plus some of the people from the maga lane. Right now, he is losing altitude with both. Haley is splitting the establishment lane with him. How do you recover from that . Its hard to see. Certainly without going after donald trump, its hard to see. Jen, tim, jen in iowa, have a beer for us. Enjoy. Mr. Unpopular, after leading the ouster of Kevin Mccarthy, matt gaetz is not winning friends or influencing people on capitol hill. What influence is he going to have on who wins the speakers gavel . Thats next. Stay with us. This is Andrea Mitchell reports on msnbc. Reports on msnbc. Just swipe and it lasts all day. 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I dont think thats warranted. We have a fourseat majority. Matt is a talented member of congress. Reporter a lot of people are frustrated with him. I understand that. Sometimes that takes time. Emotions get raw when you have Something Like this happen. I think we gotta come together. Joining me now, Garrett Haake, eugene daniels, and susan page, the author of madam speaker, Nancy Pelosis life. Garrett, if jim jordan wants the speakers gavel, he will have to appease matt gaetz, am i right . Reporter thats right. He will have the same math problem that Kevin Mccarthy had and that anyone would have with this republican conference. How do you keep the matt gaetzes of the world happy while also the more institutionalist members, particularly those who were loyal to Kevin Mccarthy and have called matt gaetz everything from a charlatan to someone burning down the house. Tell me how you will evaluate who you think should be the next speaker. To me, its a question of leadership. Its a question moral clarity. There needs to be an understanding that we either come together and work as a team, or its going to be a very selfdestructive remainder of the term. Reporter that becomes the central question for jim jordan, Steve Scalise or anybody else who tries to get into this race. Whats your plan to herd these cats so that these lawmakers who didnt run on a platform of we want to come to washington and spend our team electing leaders, so they can actually get some kind of work done to show their constituents next november. Susan, lets talk about matt gaetz. Let me show you a couple of things he said recently. It has been very clear, my thoughts on matt gaetz. I think he is an egotistical maniac. If we have clowns like matt gaetz as part of congress, you have to have rules in place that prevent him from doing his charade every week. Matt gaetz and the hardliners, they are a problem. They wont be satisfied after they burn down one house. I got that wrong. It was people talking about how much they love matt gaetz. No, it was all the criticism of matt gaetz. Sorry. Talk about him and how unpopular he is but in a fourseat majority, you know, any one man is a kingmaker or breaker. Thats what he has proved. These werent democrats saying these things. These were his fellow republicans. He is one of the least popular members of congress. And yet, he is the first person in history to manage to oust a speaker of the house. For an unpopular guy, he has managed to do a big thing. He cant be dismissed because the majority is so slight there. He cant be dismissed because he heralded enough forces around him to have this result and could do it again. Eugene, the politico playbook which you are one of the chief editors of, had an interesting list of strengths and weaknesses of the two men running for speaker. So where do you go . Some other candidate . There could be others. We are still at the beginning. These are the two guys who folks are talking about the most. These are the people who the two guys who said they want do it. They have officially thrown their hat in the ring. They are going to have the exact same problem that Kevin Mccarthy had when trying to be speaker. How do you get to 218 . When you look at Steve Scalise, he is not the same as Kevin Mccarthy, but he is someone who people see a little bit more as moderate. He is very conservative. But he thinks this has to work. Jim jordan, thats not the case. If you would have told me recently that jim jordan would have told ali vitali he needs to bring folks together, thats not what he has been known for for years. Thats changed over the last year and a half or so. Both of these guys are going to have the same history of getting it to 218. They represent two different sides of the republican. At the heart is the Republican Party trying to figure out who it is. Do they want someone who is Battle Tested and knows that they have to figure out how at the end of the day to get the government funded, or someone like jim jordan who they think is probably ready to throw a few more bombs, at least until the shutdown. Thats the question for a lot of the republicans. Thats the question for these two guys. Can you get to 218 . How do you do it . What promises do you make . The moderates, they want someone who is not going to have this motion to vacate hanging over their head. They have to figure out how to move that and get matt gaetz on board. Jump in here. Youre the expert, the biographer of speaker pelosi. She had the same margins. She managed that caucus. We all thought that people thought that the squad and others on the left and right side were going to handcuff her. They didnt. She had iron control of her caucus, and she did that in part by never bringing up a vote she didnt think she could win. She did it by using fundraising. She was really a totally different sort of leader, a much stronger leader than Kevin Mccarthy ever was. She had contempt for Kevin Mccarthys lack of hold on his caucus. She could sometimes pretend to forget his name, and that was not because she actually because she forgot his name, i think that was a dis on her part. She paid her respects yesterday to her dear friend Dianne Feinstein, she and her daughter nancy ka rin who really loved Dianne Feinstein as a member of the family, and paul pelosi as well. The services are coming up in just about an hour. Coming up after we thank Garrett Haake and susan page and eugene daniels, the unforced error, does donald trump lashing out at the new york prosecutors affected the way the judge who may decide the fate of his company and holdings make his legal problems worse. Youre watching Andrea Mitchell reports. This is msnbc. Is msnbc. I was stuck. Unresolved Depression Symptoms were in my way. I needed more from my antidepressant. 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Yeah, my 5g Home Internet delays the game a bit. But you get used to it. Try these. Theyre noise cancelling earmuffs. I stole them from an airport. Its always something with you, man. Great solid greek salad . Exactly dont delay the game with verizon or tmobile 5g Home Internet. Catch it on the xfinity 10g network. Id rather be in New Hampshire or South Carolina or ohio where or a lot of other places but im stuck here because i have a corrupt Attorney General that communicates with the doj In Washington to keep me nice and busy. I will not sit idly by and allow anyone to subvert the law, and lastly i will not be bullied. And so mr. Trump is no longer here, the donald trump show is over. The fourth day of the Trump Civil Fraud Trial is underway, the former president decided not to show up after angrily storming out yesterday that it was keeping him from campaigning. It was entirely voluntary. Joining me now is barbara mcquade, former u. S. Attorney in michigan. Lets talk about where things stand, very detailed testimony, attorneys or accountants back and forth. Attorney general, new York Attorney general, Letitia James made it very clear that shes not going to be bullied nor race baited as she put it. How do you think his absence is going to affect the judge or anything else going on there since it isnt a jury trial . My guess is its just a big relief to everybody. Hes been giving statements on the Courthouse Steps and the hallway, its a big distraction. I think donald trump correctly understands the stage craft of trials. The first couple of days, theres a lot of attention on it. He shows up, he gives these statements. He tries to use it as a Campaign Opportunity by talking about how hes a victim and more about grievance, but he also knows that this is a tedious case about records at the end of the day with witnesses who are accountants talking about the valuation of properties. The public attention to the focus of the content of this trial is going to wane. After two and a half days, hes had enough. Hes off to campaign again, and now i think everybody in the courtroom can really just focus on the facts of this case and administer justice in due course. The judge in the case issued a limited gag order because he had attacked the judges law clerk who was a lawyer herself and had been in frequent contact with the defense over the last couple of years over subpoenas and other things. He made a personal attack, posted her picture on social media and the judge laid down the law on that. He hasnt violated that prescription, but hes gone after the Attorney General. Yes, you know, its very limited. It was solely about the court staff did not even include the judge himself. I think this is an effort to avoid being seen as over reaching or silencing donald trump or preventing him from speaking out about his defense or his campaign. But frankly, id like to see this judge and other judges be a little more assertive in exercising their rights and their duties as managers of these cases. When donald trump goes after clerks and witnesses and judges and parties, he is attempting to have a Chilling Effect on their jobs, their duties, and their responsibilities, and so a judge absolutely has a right to manage the case and put gag orders on parties who are making statements about the case. Id like to see all the judges be a little more assertive in the role. Briefly in other news, trumps attorneys have filed a motion to delay his classified do you means trial in florida until after the 2024 election. What do you make of that . Its likely success. I dont know, you know, judge cannon has been the one whos been sort of the most receptive to some of his argues. November does seem like a bridge too far, you know, i think part of the argument here is theyve got one trial in march and then this one comes right up on the heels in may. That might be too tight to have adequate preparation. I think a short delay may be appropriate, but not a delay until november. Barbara mcquade, thank you. Great to see you. And that does it for this edition of quality Andrea Mitchell reports. Remember, follow the show on social media mitchellreports. Chris jansing reports starts right now. Good day, im Chris Jansing live at msnbc headquarters in new york city. If congress cant function, democracy doesnt work, and right now both are facing unprecedented challenges. As we push deeper into unknown territory following Kevin Mccarthys ouster, its an open question as to who, if anyone, can get the house back on track. Well explore what that means

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