majority. plus, who is on the list? we are take you through some of the top names in trump's orbit that could testify against him in georgia's election interference case. and, another development in the fast moving abortion case coming out of texas. the state supreme court has now temporarily blocked an emergency abortion -- . i'm ayman mohyeldin, let's get started. ♪ ♪ ♪ >> i am not resigning, i've got a lot more work to do. >> you are not resigning? >> no, i'm not resigning. >> so you'll stay and. >> i'm staying. so don't worry, i've got a lot more work. >> do you think you'll run for reelection? >> yes. >> yes you will? >> yeah, we're gonna keep the majority, i'm going to help the people that are here, we're gonna expand it further. >> all right, so some not-so--- from the first ever speaker to be ousted from his job. kevin mccarthy, who this week went from that that you just heard, to announcing that he will actually be resigning from the house of representatives at the end of the year. what a stunning turnaround. and yet, entirely predictable, given the radicalization of house republicans over the last several years. mccarthy follows two other leaders, erik kanter and paul ryan, the trio believe it or not, this is a real book, or once called the young guns of the gop. and now, as you can see, they are all out of congress. and yet, there is something about mccarthy throwing up the white flag that feels uniquely pathetic, i should say. this former allege standard bearer of the house republicans is not only high tailing it back to bakersfield california, he is doing so in such a way that will functionally kneecap his conservative colleagues. as proved by the washington post, in resigning, mccarthy delivering an elbow to the gop's already anemic house majority. the body currently consists of 221 republicans, 213 democrats, one vacancy after george santos, remember that guy, was expelled. near governor kathy hochul special a special election to replace santos in a fairly competitive district. who is to say democrats don't snag that seat? and don't forget that a party needs 280 members in alignment to secure a majority. so with mccarthy's decision to take his ball and basically go back home, house republicans will have only a two seat majority to conduct the chamber's business. as hayes brown writes for msc daily, in choosing to leave early, mccarthy is making life much more difficult for his successor, speaker mike johnson. and, yielding even more influence to the very same agents of chaos that drove him from power. you've got the marjorie taylor greene's, you've got the lauren boebert, you've got the matt gaetz. well, their party just got that much more influential because of them. and, thanks to kevin mccarthy. and honestly, there is a little bit more. yesterday, we learned that kevin mccarthy has not only endorsed donald trump for president, he is actually eager to serve in his cabinet. yes, believe it or not, it is a big development, given the fact that we know from audio recordings that mccarthy blamed trump for january 6th, and wanted him to resign. but, let's be honest, are we really surprised? by now, we understand it is not moral convictions, or partisan ideology that really guides kevin mccarthy, or for that matter, the broader republican party. just pure political opportunism. not only on behalf of the republican party and, and but of course for kevin mccarthy alone. joining me now, susan del percio, a republican strategist and msnbc political analysts. kristina -- moynihan public -- and danny, an msnbc legal analyst, and a criminal defense attorney. great to have all three of you with us. so christina, i'll start with you. what do you make of kevin mccarthy's legacy here? what is he going to be most remembered for, if anything. will he truly be remembered ten years from now, and if so, what do you think it will be for? >> oh amen, you laid it out beautifully. but he won't be remembered. oh, this is the young. that's no one is speaking about eric kanter, no one remembers paul ryan. we might remember kevin mccarthy because he was the first to get ousted, and he might go down in history as the person who banded the republican party to the massive maga conservatives, who were trying to destroy this country. i mean, by leaving his position, kevin mccarthy was no true friend of democrats, but he is essentially handing the silo the asylum over to the inmates. he is making sure that the lauren boebert's and the marjorie taylor greene's at the back gates is, as you said, have even more power and influence. mitt romney is leaving. i mean, we see time and time again, there is no abyss for the republican party. we know that they are going to try to keep as much power as possible, especially if a republican wins the white house, and we see they -- oftentimes follows during presidential election years. that could give republicans even more emboldened power. and obviously, leader johnson has not just an agenda, but he believes he is chosen by god, as do many of the followers in the republican parties right now, they believe donald trump is the second coming. and so, we are dealing with ideologues who don't really have a moral compass, but they are guided by something that is pretty strong, and quite honestly, pretty dangerous for the future of the american democratic republic. >> yeah and susan, christine's point is so important, that we are dealing with ideologues. it is not just simply about politicians elbowing each other. when you look at the so-called young guns trio, that was eric kanter, paul ryan, kevin mccarthy, each one of them removed or lost power as a result of a more extreme force coming in, and trying to edge them out and make their life absolutely miserable. either forcing them to resign, as in the case of kevin mccarthy, or just making it so difficult for somebody like paul ryan to continue to lead the caucus that he was like, you know what, i'm done with this, i can't, this party is bonkers. >> yeah, and that's because it's those extremists that don't want to govern. they have no interest in governing. that is the problem right now, that any leader in the republican party would face, is that they are trying to lead those who don't want to be led. they just want to be loud, and get there clicks, and be on tv. and, marjorie taylor greene doesn't care about any policy whatsoever, the only thing she cares about is getting her time on tv. yep, there she is. [laughter] but you know, as far as being remembered, i would just like to say, i think kevin mccarthy could be a really good trivia question. [laughter] so we may see that happen from time to time. >> what would the question be? because there is a few. let's be honest here, what would the trivia question be, what do you think? >> well it would be, who is the only house speaker to be knocked out by his own party? >> because i was going to say, you can also ask about donald trump and be like, who is the speaker of the house that rehabilitated donald trump after he said he was responsible for january 6th. so, there's a lot of shameful questions that could be asked about kevin mccarthy? >> yes, indeed. >> danny, what do you make of mccarthy's musings about joining trump's cabinet. i mean clearly, he does not see all of the indictments, the legal woes weighing down on trump as a major problem. asking somebody to be like hey, you know what, i see all of the legal perils. but you know what, i want to be part of your team down the road. you are a lawyer, what do you make of that? >> it no surprise at all, i think there are plenty of people that are still lining up to be part of a trump cabinet. i mean, some have even argue that's one of the republican candidates, vivek ramaswamy, has sort of been a trump alternative that is looking to get into the trump administration. i don't know if that's true, but a lot of people obviously don't care at all that trump is facing 91 counts in four criminal cases against him. and really, it doesn't seem to affect him in the polls, so kevin mccarthy apparently is just one of millions of people that don't care at all, that donald trump is facing this many criminal counts. i mean, it would have been historically momentous had one case been brought against a former president. there are four pending, to say nothing of all the civil cases that are also pending against the former president. so i mean, i think for a lot of folks they are just head in the sand, wolf will blindness, and desperate for pretending that trump isn't being charged, and is likely to be convicted in. and 90 plus percent of federal cases and in a conviction. so if you're betting that donald trump will almost certainly be convicted at least in federal court. maybe he's got a shot in the state court, but just playing the odds, you can assume that this is someone who is likely going to be convicted. >> credible. >> and while the supremacy clause could keep him out of prison while he's in the presidency, the minute that's over, the jail cell doors would open back up. >> so i guess my question is, would trump even allow him on to his cabinet? because trump has said he only wants true maga loyalists. when you see some of the names that are being balanced around, these are like the worst of the worst, in terms of how undemocratic they are. and he wants somebody who is going to be loyal to trump. do you think kevin mccarthy meets that threshold to earn a spot in a potential trump cabinet? >> no, but that's not the reason why he floated it out there. let's not forget, the reason why kevin mccarthy endorsed donald trump, and even floated the idea of well, to the question of would you serve in the cabinet, is because he has to go out and make money now. so, he wants to be the trump loyalists, the polls are, you may not like, it but trump is in this fight. so of course, he wants to go out looking like a power player who might be in a trump administration, especially when the trump campaign right now is fighting off and saying don't talk about the -- but that's all this is. this is money play for kevin mccarthy. >> yeah at some point, you remind us of that it always comes down to money in politics, sadly, and personal greed. christina, the house republicans passed effectively nothing this year, literally nothing. next, year they're going to have an even smaller majority as we laid out early in this segment. just two seats. should we expect any real work come out of that that chamber, or more theatrical about impeachments in the nonsense surrounded on the oversight committee? >> yet no. i mean, as susan laid out, these are not people who are interested in governing. they are absolutely not interested in moving forward policy, which is what we are letting them to do. they are obstructionists. they want to make sure that they are on television and saying how terrible joe biden. as you know, they said they were going to impeach him day one if they have the power to. over what? it doesn't matter, we are just going to do it. and sadly, there are so many american people that need legislation passed to help them with, whether it's health care or infrastructure, or jobs, you name it, the environment. the list goes on and on. republicans are wholly disinterested and actually doing the business of congress. they just want to say, we can prevent democrats from getting their way. and that's, sadly, that's enough for a significant portion of the american population, that will essentially cut off their own noses despite their faces, just because they want to see the republican elected when. when what, exactly? you know, i would argue that some of it is just winning the game of white supremacy, or winning the game of sticking it to democrats. but what do you really get, when it comes to this legislation? they are not interested in that, and neither is donald trump. we saw that when he had a unified government, he didn't pass any legislation. they tried to do everything from edict or executive order, and we saw that thank goodness, the courts held, and didn't pass the muslim ban, which was his first order of business, if we remember, which he promised he would do. and so, we have to believe that if donald trump gets a second chance in this office, republicans will line up lock stock full smoking barrel, and do whatever he wants to do. not necessarily legislatively, but they will sit there passively while he tries to pass executive orders that will harm the american people. >> danny, do you see the gop with a razor-thin majority in congress affecting the impeachment proceedings that are trying to launch? i mean, i think from what you've seen in terms of anything presented after this indictment, it doesn't seem there's a whole lot there implicating the president, which is what they really want to go after, as we heard from james comer. >> sure, i don't think the indictment changes anything. if anything, i think it super charges republicans who are not going to point to hunter biden, and essentially say, and they will make the argument for them. they're going to say, look at this indictment, look at all the counts we have. look at all these charges. how did the president not no, or how is he not know this. the father doesn't know the business of his own son. that's going to be the, argument the rhetoric that you're gonna hear from republicans. and as we have seen in the last, year it takes very very little to take an impeachment investigation. that requires virtually nothing at all. and the actual impeachment requires a little more. and then of course a conviction, as we all know, requires a supermajority, and it is something that is just almost impossible to achieve. so really, what we have seen the last decade is that impeachments really just a -- on a presidency. statistically, the odds that a president can actually be convicted or removed are very low. and so, when you are talking about a razor-thin majority one way they are the other, i could tell you right now that won't get you to a conviction. the super majority needed for a conviction by the senate. but, it could get you to impeachment, or it could get you to an impeachment, essentially the equivalent of an indictment, but never a conviction. and that's really what impeachment is about, in the modern era. people aren't going to be removed, because everyone is so divided, it's going to be so hard to get that super majority to convict. so really, it becomes more about, how can we leave a scar on one person's legacy on the presidency. >> yeah, i think that's really the most important part in all this. we sought in benghazi with hillary clinton, we saw it again with what we are seeing right, now going after hunter biden, just to try to stain the presidents going into 2024. all right panel, please stick around, we were talking to a lot more right after the break. we are going to jump into trump's legal woes, and who among his top aides are possibly fulton county prosecutor witnesses. we will tell you about that. i, my friend richard louis is here with the headlines. hey. richard. >> hayman, good to see. were you talking to -- nbc news projecting a runoff victory for democrat john whitmire over democratic congresswoman sheila jackson lee, in the houston mayoral race there. whitmer is a state senator, who will now lead the fourth largest city in the u.s., -- as you probably know, has represented houston in congress since 1995. and, university of pennsylvania president liz mcgill resigned from her post. she faced fierce criticism from the -- over comments at a congressional hearing on campus antisemitism. pennsylvania governor josh shapiro told reporters wednesday that miraculous responsible was -- that. raw -- a panel on this and ceo of financial forms -- sent a letter to the university threatening to pull a 100 and million dollar nugget donation unless magill was removed as president. more ayman, with a man meridian, after this break. ensure max protein 30 grams protein, one gram sugar, 25 vitamins and minerals, and nutrients for immune health. (♪♪) while i am a paid actor, and this is not a real company, there is no way to fake how upwork can help your business. upwork is half the cost of our old recruiter and they have top-tier talent and everything from pr to project management because this is how we work now. doesn't your family deserve the best? eggland's best eggs. classic, cage free, and organic. more delicious, farm-fresh taste. plus, superior nutrition. because the way we care is anything but ordinary. ♪♪ dear moms and dads, what you have achieved here today is going to help us and our futures. it is why we're coming up on stage to collect your diplomas. mom, love you always. vo: when you graduate, they graduate. visit finishyourdiploma.org to find free and supportive fulton crowned county adult education centers near you. prosecutors have a list of almost two -- and during the georgia election interference trial. and many names are big shots, very well known names. vice president mike pence for his, or the ex attorney general, bill barr. now top republicans in georgia, including governor brian kemp and secretary of state brad raffensperger. this large roster signals the -- the d. a., fani willis, and her fellow prosecuting to addressing what was already a sprawling case. the case is 15 defendants, which is -- 19 after four them already took plea deals. they have been accused of engaging in a racketeering conspiracy to overturn the results of georgia's 2020 election. all of whom, including donald trump, and have a originally pleaded not guilty. ddants in the case have the optional possibility of a plea deal, the guardian has reported that trump, mark meadows, and rudy giuliani will be ineligible for a deal, signaling that the prosecutors consider there g targets. my panel is back with me. dana, i'll start with you on this round. and let's start with this trial date. trump's lawyer steve sato said last week that the constitution supremacy clause would delay this trial until 2029, if trump were to be elected again in 2024. we are in a unique situation, because this has not been tested yet. one of the many constitutional challenges that we could potentially be facing as a result of several trials. but, does sat out even have a valid argument here, given the nature of these charges? >> yeah, save the date, i've said it before, the fulton county case is one of the cases that will not start until 2025. i know that sounds crazy, it feels crazy saying it, but there are a couple of factors. fulton county state court case, they run a lot slower. in that same county, a r. i. c. o. case was eight months of jury selection. so my prediction, is eight months of jury selection, ayman. that's not -- rebuttal witnesses, that's selecting a jury for eight months. so, in fulton county, that case is not going to start, the first witnesses are not going to testify until 2025. this may come back to haunt me, so maybe don't save the date. but i believe that's what will happen. however, for all of the other cases, there is an imperative in federal court under the -- act, for example, to get cases to trial in 90 days. now even if that gets extended, federal courts move very quickly compared to state courts. but these are all issues. presidential immunity, some of the others, the impeachment clause defense. these are all issues that need to be litigated. and while a district court judge can deny those motions, and deny what's called interlocutory appeal, maybe the trump team gets to appeal and delay a case, maybe they don't. these are all weighty, constitutional issues of first impression. things are going to happen, unpredictable things, delays will happen in these cases. all four of these criminal cases, particularly in the state court. so i mean yes, does immunity need to be decided, yes. does president trump have immunit