the 2023 ewing climate conference, also known as cop 28, officially kicked off this week in dubai. it is already mired in controversy. all of that in more ahead in another hour of velshi starting right now! good morning to you it is saturday december the 2nd i am ali velshi, we begin this morning with major new developmts that will have big implications fordonald trump's legal defense for his upcoming cases. new and important rulings from federal judges in d.c. clarify that the former president is not immune from criminal prosecution or nor from civil liability for his actions on january the six. late last night judge tanya chutkan struck down the former presidents attempt to throw out the federal election interference case against him based on his claims of presidential immunity. it was one of four motions to dismiss that his time filed in october. the pull of in history of the constitution and concludes that they, quote, do not support that contention. it goes on, quote, no court earning the branch of government has ever accepted it. this court will not so hold. whatever immunities a sitting president may enjoy, the united states has only won chief executive at a time in that position does not confer a lifelong, get out of jail free, pass. former president enjoy no special conditions on their federal criminal liability. defendant may be subject to federal investigation, indictment, prosecution, conviction, and punishment for any criminal acts undertaken while in office. and quote. judge chutkan made it clear that beyond the fact that trump's broad claims of presidential immunity are not rooted in -- it is in the publics interest that those be held accountable -- she continues, quote, the public has an undefeated interest in promoting respect for the law, to turn crime, protecting itself, and rehabilitating offenders. all of those interests will be thwarted by granting former presidents absolute criminal immunity. most importantly, a former presidents exposure to federal criminal liability is essential to fulfilling our constitutional promise of equal justice under the law. throughout the document check-in also drives home the fact that in america no one is beyond approach. including those held in the highest office of the land it argued that one of the features that separate america from other nations and other leaders at the time of its founding. she even goes as far as the reference examples at fourth by george washington. quote, perhaps no one understood the compelling public interest in the rule of law better than our first former president, george washington. his decision to voluntarily leave office after two terms mark an extraordinary divergence from nearly every world leader who had proceeded him. ushering in the sacred tradition of peacefully transitioning presidential power, a tradition that stood unbroken until january 6th 2021. chutkan also struck down a second motion to dismiss the case rejecting trump's first amendment argument emphasizing that it is, quote, while established that the first amendment does not protect speech that is used as an instrument of a crime, and quote. chutkan's decision came our after three courts in the circuit court of appeals rule of the trump is also not immune from civil liability. that ruling allowed for a number of civil suits that are seeking to hold trump accountable for the events of january six to proceed, including ones filed by capitol police officers and by members of congress. these varied opinions on the presidential immunity question will be likely read unsteady for years to come. they address one of the unresolved questions that has arisen as the judicial system considers for the very, very, first time the prosecution of a former president of the united states who is also, currently, campaigning for another four years in the white house. they also highlight trump's far-reaching attempts to escape prosecution, which he was on full display in a courtroom in atlanta georgia yesterday where trump's lawyers steve sat out appeared for the first time in argued against setting a trial there right now in the fulton county interference case. >> if your client does win the election in 2024, could he even be tried in 2025? >> the answer to that is i believe that the laws, his duty as president of the united states, his trial would not take place, if at all, until the end of his term in office. >> january 20th 2029 with them at the earliest possible date, according to donald trump's lawyers, that the defense believes this case could go to trial if donald trump wins a second term in office. joining us now is stuart stevens, look senior and visor for the lincoln project. author of the books, it was all a lie how the republican party became donald trump. and another book, the conspiracy to end america. five ways my old party is driving our democracy to to autocracy. also with us former chairman of the republican national committee, michael steele. host of the michael steele podcast, msnbc political analyst, starting next month he will be one of the co-hosts of the brand-new msnbc program, the weekend preparing next month. it will be a beautiful lead in. you guys will be the one day listen to all morning to get ready for my show. good morning to both of you. michael, glad to have you so close. welcome to the family. here is the thing, we hope and believe the legal system will hold donald trump to account. we know donald trump thinks otherwise. we know that there is a possibility of delays in all of the significant trials that he's facing. one wonders in hopes, whether or not there is any political mechanism within something called a republican party, that could deal with donald trump, or no? >> no, there is no mechanism for that. i think that we really need to disabuse ourselves of that notion. understand exactly what is in front of us. i think a lot of people misunderstand what is happening with a lot of the machinations by the trump team. such as it is, this is not about breaking the system. this is about weakening it enough to, at some point, it will break. to create doubt, to create areas that are less stable than others. you see this multifaceted approach to the prosecutions. and defense that is really built around this idea of throwing stuff up that time it's up to system, pushes up against the traditional notions of how this process works. we see this play out, ali, with this idea that the gag order. how the system is bending over backwards to give trump as much leeway as possible because of his, quote, first amendment rights relative to his role as a candidate for office. that would not apply to you and me were we running for office. quite honestly, or just as private citizens. you see them stretching the system to the point -- like anything, if he stretch it to appoint it may not break but it will be so weak, it won't be able to sustain whatever it is you wanted to do. it might as well be broken. >> let's take that analogy further, stewart. there is a plan, called project 2025, where donald trump has outlined where he becomes president of the united states again, it is not going to be that bumbling clown car was in the first term. he tries things out, get bad advice. they are going to clean house. whatever expression he wants to use, they are going to get rid of people they think will undercut them. will uphold justice. this idea that maybe he doesn't go to trial until january 2029, if he doesn't go to trial and he becomes president again, they're just may never be a trial for donald trump. >> one of the inevitable traits when autocrats emerge from democracy is a detail what they want to do in advance. if you take a step back from this and think about how what he is saying is, we are having a discussion about whether or not the guy who will be the republican nominee can use that process to escape 91 counts? i mean, how did this happen? how did this happen to this party that michael not used to be? and michael steele is, god love him. this normalization of stuff that, at its base level, is incredibly corruptive. basically just insane that we are even considering a republican nominee who is on trial in three states now, possibly more? it just shows this complete collapse of the republican party as any sort of moral governing force. >> what happens, michael? on monday night liz cheney will be talking to rachel maddow. you have the stuff that mitt romney has just written. you have seen these departures are various republicans who decided that they are not gonna run again. what is the point of staying? what can you do? you are one of the few people who are not a former republican, used to call yourself a republican. which says to me that you intend to do something or you hope that there is something you can do to fight and bring this party back. what is it? >> part of it, hallie, -- i get that question a lot, as you can imagine. my friend stewart did. you looked at me like, do, you go work that out. the reality of it is, for me, i come out from a number of points. i knew what drew me in as a young kid growing up in d.c.. those values, those ideas, still matter. the idea of individual liberty is an anathema now to the leadership of this party. they really want to jettison that to benefit one person. someone like myself and a few others wish to stand up with a mirror and say, look how you look. see how you are acting. this is not just not what the party is about, this is not what the country is about. the easy thing is to walk away, right? not to disparage anyone else who made that decision. the harder part is to stay and to show, every day, the fallacy and the lies that they are presenting to the country. it is harder for them to dismiss you when you are still in the room. they may not want you in the room, but you are in the room. so, i am still the former chairman of the republican national committee. this party, its current leadership both politically and in terms of policy on capitol hill, is out of line with the country, period. my goal and the goal of others is to remind folks about that. >> let's talk about that for a second. he watched the presidential primaries are now some interesting things are happening, right? chris christie's not getting a lot of traction. a number of candidates are gone. ron desantis seems to be weakening. supporters who might have been supporters of the republican party that you are once a part of or that michael is still a part of, or shifting. some are running to nikki haley, who is gaining in the polls after a pretty good couple of debate performances. she is still 30 points behind donald trump. nowhere in any history anywhere anyone made up pretty much half of that gap, let alone a 30-point gap. there are some appearances of normalcy showing up every now and then for a debate in the republican party. your thoughts on that? on i was part of the bush brain trans. we took a sympathy something point lead in 2000 and lost by something like 19. so, people would have to look at. that i think something unusual can happen in this primary but i do believe at the end of the day trump will be the winner. what was so disappointing about nikki haley's she was onstage and raised her hand, she said she would support donald trump if he was convicted of a crime, the crime being to basically overthrow the government of the united states. i don't see why that isn't disqualifying for anyone who wants to be president. when she gets up there and says, i think it sounds to those of us who are part of this party, it has echoes of the party that we once knew but you cannot ignore this fundamental thing that she's willing to support donald trump. she will stand on stage with donald trump if he is the nominee and support him. like, i don't see how you can do that, frankly, and call yourself a patriot. this is a man who is running against democracy, very openly. i think that we have to embrace that. it is difficult to wrap your mind around. but it is essential that we do. >> you are right, stewart. the idea that some of these conversations that you and i have had, michael and had, even michael will have, for months to come, it is just weird! i appreciate you showing up for a little bit of weird on a weekend morning for me. stuart stevens, senior visor to the lincoln prime. and michael steele's former advisor to the republican national committee, as he invited, us and soon to be a colleague of mine here at msnbc. quick programming note, on monday, former republican representative liz cheney of wyoming joined my friend rachel maddow to discuss the current state of the gop and the threat the former president donald trump poses to american democracy. tune into the rachel mountain show this monday evening nine pm eastern only on msnbc. still ahead, the temporary truce between israel and hamas has ended. the bombardment of gaza has resumed. we will go to tel aviv right after the break. plus, a crucial meeting between world leaders on climate change is underway in dubai. desperately necessary aim of the meeting overshadowed by controversy. today's meeting of the velshi banned book club is featuring a book that unequivocal-y deserves a spot amongst the modern classics, the bell jar. by sylvia platte, masterfully examining what depression and anxiety looks like with razor sharp writing and even with humor. it is much more than that. for decades, readers have open the pages of this book read it as a right of passage. do not miss this important conversation. conversation so when minds grow, opportunities follow. ♪ the virus that causes shingles is sleeping... in 99% of people over 50. and it could strike at any time. think you're not at risk? wake up. because shingles could wake up in you. if you're over 50, talk to your doctor or pharmacist about shingles prevention. after switching to the farmer's dog we noticed so many improvements in remi's health. his allergies were going away and he just had amazing energy. it looks like nutritious food, and it is. i'm investing in my dog's health and happiness. get started at longlivedogs.com in order for small businesses to thrive, i'm i they need to beog's smart, efficient, savvy. making the most of every opportunity. that's why comcast business is introducing the small business bonus. for a limited time you can get up to a $1000 prepaid card with qualifying internet. yep, $1000. so switch to business internet from the company with the largest fastest reliable network and that powers more businesses than anyone else. learn how you can get $1000 back for your business today. comcast business. powering possibilities. israel resumed its bombardment of gaza on friday morning following the collapse of a weeklong truce designed to facilitate a hostage exchange between israel and hamas. during the truce hamas released over 100 israeli and foreign hostages. israel released 240 palestinian prisoners that it withholding according to the new york times, a majority of those prisoners had not been convicted of any crimes. overnight, israeli airstrikes intensified targeting areas across the gaza strip killing at least 200 people according to the gaza health ministry. on friday, leaflets warning palestinians to move further south was dropped in southern garrett the where palestinians had previously evacuated from the north. the leaflets warning to billions to loser the egyptian border. despite overnight bombings in that area! the israeli military also announced an interactive map for evacuation guidance. which raised a lot of criticism given the lack of electricity or internet in many parts of gaza. civilians located in the designated areas in the map were sent a massage text message warnings on friday, about ten minutes after the text were sent, the airstrikes began according to cbs news. israel on friday also blocked aid trucks from entering gaza compounding an already dire humanitarian crisis. he when a chief mark in griffiths rick nude it's calls for a cease-fire in the same written friday, quote, today in a matter of hours scores were reportedly killed and injured. families were told to evacuate again. hopes were dashed the women, children, men of gaza are all terrified. they have nowhere safe to go. they have very little to survive on. they live surrounded by disease, destruction, and death. joined now by nbc news foreign correspondent raf sanchez in tel aviv. raf, there are many of us watching this. hoping that the truce would continue a more hostages be released. more presidents changed. mainly, these eight workers like the people from the u.n. or the world health organization, the world food programme, we're all saying that we need many more days of not having bombing in order to distribute the goods. we need many more trucks to come in. that is over now. >> that is over now. ali, for the people inside of gaza, the seven brief days of respite are over. the intensive bombing has begun once again. it is focused once again, very heavily, and the south. specifically on the city of khan yunis. israel says that is where hamas leaders are hiding now after they got out of gaza city. it is also were hundreds of thousands of displaced palestinians from northern gaza were seeking shelter. these are people who fled their homes because the israeli military told him to get out the north. they went down to khan yunis. now it is unclear where they can go given that the war has come to them again. our incredibly courageous colleagues inside of gaza were at the isle nasr hospital in the south got of the strip earlier today. they were there as this human wave of dead, dying, wounded people were brought in. ali, they met a mother who fled with her family from the jabalia refugee camp, all the way for the north of gaza. she came into the emergency room that lost their hospital all the way to the south with her two sons. the older boy was killed, the younger boy had lost his leg. she told our colleagues, we left death in the north and came here, death has come to us. it really illustrates, ali, that there is nowhere safe for palestinian civilians to go right now. it is agony inside of gaza. there is also a different kind of agony for the family of hostages here in israel who, for seven days, watched as people were coming out they watched as the cease-fire deal held. they were hoping that their loved ones were coming out. so far there is no sign that the cease-fire's come back anytime soon. ali? >> very saddening for those, as you said, the families of those israeli hostages that were hoping with each passing day that another ten or so would come out. raf, very break colleague live for us in tel aviv. thank, you my friend. stay safe. you and you. cue coming up i'm joined by journalist with decades of experience coupling the israeli palestinian conflict. covering new reports that israeli intelligence had hamas's attack plans more than a year ago. you're watching velshi. hi it's your business. it's your verizon. the subway series? it's the perfect menu lineup. just give us a number, we got the rest. number three? the monster. six? the boss. fifteen? titan turkey. number one? the philly. oh, yeah, you probably don't want that one. look, i'm not in charge of naming the subs. looking for a smarter way to mop? try the swiffer powermop. ♪♪ an all-in-one cleaning tool that gives you a mop and bucket clean in half the time ♪♪ our cleaning pad has hundreds of scrubbing strips that absorb and lock dirt away, ♪♪ and it has a 360-degree swivel head that goes places a regular mop just can't. so, you can clean your home, faster than ever. ♪♪ don't mop harder, mop smarter, with the swiffer powermop. for more on the war between israel hamas i'm joined by no guitar powlowski, an independent journalist who has had more to decades of experience covering among other things around the world leader in the passing conflict. nice to see you