Court. His team is making highstakes arguments trying to get the documents case thrown out. The change in the plans for the judge and what clues it may give us. The highest ranking official in the senate, Chuck Schumer calling for elections in israel to replace the Prime Minister. What it could mean for u. S. Israeli Relations and the war in gaza. And a small city in oklahoma elected a White Nationalist into office. Now, it faces the question of whether it will be able to vote him out. This hour well take you inside that recall effort. We start in a florida courtroom, where judge Aileen Cannon has heard arguments to get the case dismissed. They cited no precedent for a former president. The Special Counsels response, quote theres never been a situation remotely close to this one. A second motion will be argued today, that the president has virtually unreviewable authority to designate president atrecords as personal, and stash them in unlocked rooms at maralago. I took them very legally. I wasnt hiding them. We had boxes on the front of and a lot of them had clothing. Unfortunately, were moving out of the white house. I had the right to do it, in my opinion, and in my lawyers opinion, and everything else. That was trump last night. In his response, Special Counsel smith argues that the reasoning is flatout wrong to think that, as a former president , the nations law that govern every other citizen dont apply for him. Jonathan demire is here, paul butler, a former prosecutor, appeared msnbc legal analyst. With me elise jordan, a former aide in the Bush Administration and state department ken, i think were in a lunch break. How do things stand . Reporter thats right, were on a break. The most important thing for people to know is judge cannon is burning a daylong hearing on two motions that most experts think are frivolous. We heard earlier that no judge would have had a hearing, they would have disposed of them on paper. Theyre arguing the Espionage Act thats been used hundreds of time that that law is unconstitutionally vague, and that mr. Trump was not on proper notice that he couldnt take home classified information, even though if you wall back in 2016, the judge promised to infers the laws, and said no one was above the law, and at the civil president ial act essentially moots this prosecution. They argue that he could deem any document, just deem that a personal record, take it home to his house and store it in the bathroom. Thats their argument. Of course, Special Counsel jack smith says these are ridiculous notions not supported in case law, but theyre spending hours arguing a case, in a case where one of Donald Trumps top strategies is to delay and hope the case doesnt get to trial before the election. Today is another day that makes it less likely to happen. Paul, let me actually read what in a filing is what jack smith had to saying or his team had to say in response to the second part. It says the pra does not exempt trump from the criminal laws, entitle him to unilaterally declare highly classified records as personal records, yet alone allow him to obstruct a federal investigation with impunity. Are you one of those legal experts that thinking its at least borderline frivolous . I wouldnt say that. Its downright frivolous. He isnt charged with violating the president ial reports act. Thats not the problem. Hes charged with violating the Espionage Act and obstruction of justice. What the president ial records act said is many documents used by the president for the purpose of carrying out his official responsibilities belong to the public, and they have to be turned over to the National Archives when a president leaves hive. Trump is making the same tired claim that he declassified the documents that he took when he was still president. So hes arguing that theyre personal and that they belong to him. Chris, that claim doesnt even pass the basic test. Most judges would dismiss this without even holding a hearing. I thought it was particularly interesting and worthy of a legal response to what donald trump had to say last night in that interview. Not only that he took them legally, but he wasnt hiding them. They had other stuff like clothing, and they were moving out of the white house, so in his opinion and his lawyers opinion, its legal. Again, thats not correct. Hes charged with 32 counts of willfully retention of documents. Prosecutors have to prove that the documents relate to national defense, and that trump was unauthorized to possess them, and that he failed to deliver the records to the appropriate Government Officials after he left office. Thats what the prosecutors have to prove. So far, trump has not come up with a compelling defense to that charge. One defense, at least at one point seemed to be that trump seemed to want to blame the National Archives, like theyre the ones who should be tracking these documents, who should be Keeping Control of them and they didnt do it. As someone who worked with classified documents, how does it work . It is shocking to me that those documents ever left the premises of the white house, even having such documents in the private areas, the personal part of the white house where the president live is not its pretty shocking. Theres plenty of Career Officials who work at the white house, in the situation room, who staff the security council, who track the documents. I dont know what went wrong with the system the white house was using. The documents were just apparently waving around and being scrambled, and not taken back in an orderly fashion to the scif. I heard there was a long lag time, that the white house knew the documents had been taken, and it did take a lot time for them to get all of this in motion where they got the documents back. Just to be clear for how it works within the confines of the white house, one staffer said to me, i never left my office with classified documents on my desk. If the president called me in, it got locked away, appeared then i went to see the president. That might have been someone in the west wing where your office wasnt a scif. Literally every office door in the eisenhower building, virtually every office is a scif. It was very regimented. Even at the very end of the administration, when everyone was packing up, there was so much care taken to if you had taken notes in a meet with the president , you gave those up. Any meetings that were deemed president ial property or even adjacent, you gave it up just to be safe. Jonathan, this particular judge has seemed to suggest in the past that trumps status as a president does set him apart from others. That seems to be carrying over to not just what he has to say, but that is his defense case. Oh, yeah, that has been his argument all along. The normal rules dont apply to him. Hes president of the united states. His team in another related matter have suggested he has total immunity. He could have s. E. A. L. Team 6 kill someone, and has community. Theres no sense among most constitutional experts that president s have immunity. We know, of course, this case is going before the supreme court, or arguments in a month or so to see if indeed trump is. This is, for many legal experts the most openandshut case of the four facing trump. Hes been caught redhanded. He obstructed justice and wouldnt give them back. That wont occur if the trial is delayed beyond the election and trump were to win. At that point, he could make it go away. There are reasonable causes for delays in this case because of a number of classified documents, thats fair, but it seems this judge is particularly sympathetic to trumps lawyers arguments to slow things down, and certainly at most, even if theres a trial date on the books for later this summer, i know many people believe it would get pushed further and this wont be a case before the jury before voters go to the polls. This is a political argument, as you well know basically saying these charges are proof of a twotiered justice system. In their words, biden did the same thing and got away with it. Take a listen. Donald trump is being prosecuted for exactly the same act that you documented that joe biden committed. The law must apply, you know this, to everyone. The standard behind the decision not to prosecutor joe biden, especially in light of Special Counsel jack smiths decision to prosecutor President Trump for similar conduct, is the real appearance of two standards. Biden and trump should have been treated equally, they werent. That is the double standard that i think a lot of americans are concerned about. 100 agreement by the maga base, but there are polls that suggest there are people who believe now, theyve said it so many times, they put it out there so often, there are people beyond that 30 , 40 base that thinking theres a twotiered justice system. Most persons, through no fault of their own, are not paying attention as we do. So the same thing should happen to both, but of course its very different. Joe biden, first of all was Vice President when he had these documents. Mind you, mike pence did the same, and pence and biden both gave them back as soon as the classified documents were discovered. Trump, first of all, took them, held on to them, many, many more documents than either pence or biden, but when the National Archives tried to retrieve them, they stonewalled and didnt give them back. Trump is the mast offer saying things over and over, he knows his supporters will believe it. He and his allies can just make things cloudy enough that other americans, even nonmaga americans who were just not paying attention, thinking this is just too much, i cant follow it, it seems like donald trump is getting the raw deal. Stay with me. We do have another development in another one of Donald Trumps cases. Alina habba filed the bond. With the bond now secured, it will shield trump from any efforts to collect those damages while he appeals the ruling. In 60 seconds, the highestranks jewish member of Congress Takes aim at Benjamin Netanyahu. The major changes hes calling for now, thats next. R changes g for now, thats next Breathing Claritin clear is like. is he . Confidently Walking 8 Long Haired Dogs and living as if he doesnt have allergies . Yeah. Fast relief of your worst allergy symptoms, like nasal congestion. Fair, freckled, or melanated. We are appreciated. Ultra hydrated. Glazed and glowing. Confidence overflowing. Vaseline lotions 90 more moisture for my oneofakind skin. And theres no other skin i want to be in. The world has changed radically since then, and the israeli people are being stifled right now by a governing vision that is stuck in the past. Joining us is matt bradley, Senior National political reporter sahil. I would say hes become increasingly vocal, but leader schumer definitely goes beyond what we have heard before. Very significant, possibly even an inflection point. Remember who we were talking about here. Its not only the Senate Majority leader, not only the prominent jewish elected official in the eunited states, but schumer is one of the most prominent proisrael democrats going back years. Hes an arden supporter of Israel Aright to exist as a state, but he believes that netanyahus actions are stripping away the support that israel needs to continue surviving. I also believe that Benjamin Netanyahu has lost his way by allowing his political survive to take precedent off the best interesting of israel. Hes done the visionary work to pave the way for peace, even before this present conflict. Israel cannot survive if it becomes a pa rya. Reporter he identified four different culprits, clung hamas and the people who support hamas. He said rightwing radicals are also to blame and, of course, Prime Minister netanyahu. We heard from republicans, including mitch mcconnell, who said it was grotesque and hypocritical for americans who talk about democracy at home to try to interfere in a democratically elected foreign leaders. Progressives as well agree. This is not enough in their view. And that the u. S. Needs to withhold aid and weapons to israel unless it changes court. We are in an election year. President biden is trying to engage young and progressive voters, deeply unhappy about the conditions in the middle east. President biden has reluctant to change policy. The big question becomes what does President Biden do . Thats the question, jonathan, has schumer opened the door to a larger shift. This cements particularly fraught to call for a change at the top of the government of one of our longest and closest allies form. Yeah. What remains to be seen is if schumer saying things so biden doesnt have to, or whether biden will follow up by echoes those comments. I dont think we should expect that anytime soon. But the president and senior aides, their frustrations have only grown, and theyre starting to spill out in public. Weve heard President Biden cease that israels response was over the top. We heard him say that a fullout Invasion Of Rafah would be crossing a red line. It supports targeted strikes, but not a massive Ground Invasion because of the humanitarian toll. The president was in michigan, hes head to michigan today. We know that state in particular has an arab American Population that seems to be turning away from him because of his bear hug with netanyahu i reported earlier that sr. Aides are considering additional aid, and well see if the president follows through. It is on the table and reflective of the changing politics, the changing calculation many months into this war, and certainly the speech from Majority Leader Schumer today, cannot be overstated in its important . Thank you so much for that, jonathan. Matt, what are we hearing in reaction from there, particularly from leaders. We havent heard a lot so far. You can bet this silence is masking from an israeli public official, toplevel people, its got some deep concerns and probably feverish conversations behind the scenes talking about what the israeli media has referred to as a watershed moment. The significance of this isnt going to be lost on the israeli side just because were not hearing them blasting back quite yet. Also particularly from farright israeli lawmakers. Schumer didnt just glancingly reference, he called them out by name. We also heard that this cements netanyahus poor standing in the democratic party. We did hear from the leader of netanyahus opposition, writing on x that schumers speech is proof, one by one, that netanyahu is losing its bigger supporter in the u. S. Hes causing heavy damage to win the war and maintain security. He is the leader of opposition to netanyahu. Its likely reference to a perception among netanyahus opponents, that hes enduring criticism from the Biden Administration in the hopes that biden and hi alliesing, like schumer will be swept out of office in november. Its clear that elections in israel could sweep netanyahu out of power. So its another source of worsening relationships between washington and israel. Let me ask you quickly about an incident yesterday, because it kind of underscores why one reason israel is under such scrutiny. The idf confirmed it bombed a u. N. Aid warehouse to kill a commander. What can you tell us about that . This plays right into the sense of, the record of starvation that were seeing. Were seeing people dying of malnutrition, and were seeing them in the dozens, this according to the hamasrun gazan ministry of health. We heard from the United Nations at least one employees was killed and others injured, after the raid on the white house. Now, israels military said that strike was successful, aimed an a hamas commander that was hiding out there. This deepen the growing division between israel and washington that we were just describing, that will not help, either. Thank you, guys. Much appreciated. Today a major Reality Check of what a trumpdominated rnc looks like, including the decision to close voter outreach centers. And China Lashing out with tiktok in limbo. Thats all next, our watching Chris Jansing reports only on msnbc. Chris jansing reports only on msnbc. 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