good morning, it is 11:00 a.m. eastern, 8:00 a.m. pacific. i'm josé diaz-balart, and we begin this busy hour with hunter biden's felony gun trial. the defense rested without calling hunter biden to the stand. moments ago the prosecution called an fbi agent back to the stand for a rebuttal. joining us now, nbc news justice and intelligence correspondent ken dilanian outside the courthouse. also with us, david henderson, a civil rights attorney and former prosecutor. ken, what's the latest from the courtroom, and what can we be expecting today? >> reporter: good morning, jose. the prosecution has now rested, but not before that fbi agent provided devastating testimony about evidence of hunter biden's drug use the day before and the day after he purchased that handgun on october 12th, 2018. some of this evidence had already been in, but then there was some new evidence where she talked about geo locating his phone to a 7-eleven in wilmington, delaware, and also introduced evidence that he talked in his memoir about meeting drug dealers at a 7-eleven. this is particularly important because prosecutors don't have to prove that hunter biden used drugs on the day he purchased the gun, just that he was a drug user on an addict around that time. there's lots of evidence that he was using drugs before and after he bought that gun. his defense is that he wasn't knowingly a drug user on the day he filled out those forms. they didn't put in a lot of evidence to that effect. their one big to really try to bring that point home by bringing hunter biden's older daughter on the stand friday kind of back fired and did not go well for the defense. now the case is heading to closing arguments and then ultimately this afternoon to the jury, which will begin deliberations, jose. >> how did that older daughter's testimony backfire? >> reporter: well, jose, on direct examination she said that her father had been doing about as well as she had seen him do during the period in october when he purchased that gun. she sort of suggested that he was clean, that he wasn't using drugs. then on cross examination she was confronted with anguished text exchanges between her and her dad where it was clear that he was texting her at all hours of the morning, that he was unavailable for long periods of time, and at one point she said i can't take it anymore. so really the jury was left with the impression that she didn't really know exactly whether he was using drugs or not. in fact, there was some evidence that he may have been during that period and nobody on the biden side appeared happy after naomi biden left the stand on friday. subsequently they decided not to call joe biden's brother james biden, hunter biden's uncle who we believe was going to tray to introduce the same kind of sentiment, that hunter biden was clean. they decided not to call him presumably because he would have been confronted with the same kind of evidence, jose. >> david, what does it tell you that the brother was not put on the stand by the defense? >> jose, it tells me that they're concerned about the optics on cross examination, and overall, i think most lawyers would tell you that you should fear them. my position is different. you and i have talked about this before. i think when you have someone who cleans up as well as hunter biden does, i would put him on the stand. the only reason i would do that is because from the perspective of the prosecution it's a slam dunk. that's why hunter biden was interested in pleading instead of going to trial. they couldn't work out a deal he could live with. at the same time, i've seen multiple occasions when you put the story in front of jury, they do acquit. they nullify on cases like this. you're asking them to go back in the future and convict him today based on someone he used to be. i think on the one hand you can fear putting people on the stand because they'll be subjected to cross examination. but at a point it starts to feel like you're raking someone over the coals over who they used to be. i still would have done it if i were in their position. >> david, so when do you think both sides need to achieve in closing? >> i think for the prosecution's side, they want to play it straight. here's the thing about juries -- and it's a really hard thing to accept, especially when you're a young lawyer -- they don't care about the people who are directly part of the trial nearly as much as you would think, even when you have a really sympathetic case. juries convict mainly when they get scared about what might happen in the future and how it might affect them. the prosecution is going to have to argue, you know what, you don't want people with drug problems going out and purchasing handguns. i think for hunter's case it's a bit different because you want the jury to really pay attention to some of the things they're going to have to read between the lines to see, so maybe they did hit naomi, his daughter on cross examination. at the same time, the best testimony for hunter biden is how she comes across on the stand, considering that she is his daughter and he helped raise her. also, juror number 1, who will be the foreperson of this jury said during jury selection she has a sister who also had drug problems and is now doing well. you want to tap into what she identifies with in terms of her sister and hope she applies some of that mercy to hunter biden. >> okay, so run us through the charges the jury is going to be deliberating on. >> reporter: so there are two charges relating to allegedly lying on that federal firearms background check form, checking the box that he was not a habitual user or addicted to drugs, and then the third charge is just that he possessed the gun illegally while being a drug user, so those are the three counts. there's no mandatory sentence here. i mean, in theory, a conviction would carry a 25-year prison sentence max. obviously that's not going to happen. i spoke to one expert who thinks the sentencing guidelines could be a year in prison. that doesn't mean there will be any prison time in this case. hunter biden would be a first offender, a lot of factors come into play. obviously we're not there yet. the jury's going to get the case this afternoon. >> ken dilanian, thank you very much. david henderson, please stay with us. today former president donald trump will sit for a virtual interview with a new york city probation officer from his mar-a-lago home in florida, a required step before his sentencing. nbc news has learned the interview will be done over a special network with added security measures and will be conducted by a female probation officer. the judge permitted trump's attorney, todd blanche, to be by his side during the interview. it comes nearly two weeks after trump was convicted on 34 counts of falsifying business records to cover up a hush money payment to adult film actress stormy daniels. trump is scheduled to be sentenced on the 11th of july. with us to talk more about this, nbc news correspondent dasha burns and david henderson back with us. what does the probation officer want to learn from donald trump today? >> so jose, first of all, doing this remotely is quite unusual, but of course there's so much that's been unusual about this, a lot of firsts, and this is just another one here. throughout this process, the probation officer will be asking a number of standard questions. they'll be asking about trump's social and financial history. they'll be asking about his mental health history, his living situation, his physical condition, any past addiction issues. again, kind of par for the course questions and he'll be asked -- they'll be asking about associations with any people with criminal records. they may also ask to interview some folks in the former president's home currently. we expect it will be all done today, but that of course is subject to change. >> and so david, unusual as dasha was saying, is the former president getting special treatment here? i mean, is it typical also for the defense attorney to be sitting with their client? >> no, it is not typical. he is absolutely receiving special treatment. this is unfair to everyone else who has to go through this process. we were just talking about cross examination in hunter biden's case. if you ever halfway thought cross examination was difficult, just imagine talking to these probation officers. they're compassionate people who are trying to get you on the right track. they are also no nonsense people. when you get to meet with someone over zoom in a context like this, it creates a buffer that is unfair. having his defense attorney there is also unfair. the question people might ask is, hang on a second, though, he's appealing. if he's appealing should he really have to talk about how he feels about being convicted by the jury. my response is people in the criminal justice system have to do that every day, and they're not always sophisticated people. they don't have lawyers, and to the extent that they just deny, deny, deny, and say they shouldn't be held accountable in everyday context those are the people who serve time and do not get probation. >> and so david, what role does this probationary view play when it comes to determining donald trump's sentence, for example? >> jose, this whole process is designed to ask a very basic question, and that is is this an individual that we can work with on probation. the officer sits down to make an assessment. they normally make a recommendation to the judge, both directly and indirectly. they also will do things that are really going to bother former president trump like assess whether or not he needs some mental health counseling, some anger management. and so when the judge takes a look at this entire profile and they combine it with what they saw during the case, that's when they decide what the most appropriate and just sentence would be for the individual who's currently before them. >> so david, traditionally that carries a lot of weight in the judge's mind? >> i think that's an understatement. the bulk of the time that i would spend with judges during sentencing would be reviewing this evaluation, normally as a prosecutor you also review this evaluation and you take it into context when you're actually making the sentence, and i've seen instances where judges will ask the lawyers, look, i'm looking at something in the evaluation. it really concerns me. i want to hear from both sides before i actually issue a sentence for this person. >> and dasha, i mean, if trump were to receive probation, one condition is that he cannot social with anyone with a criminal record. what could that potentially mean for his campaign and who he deals with? >> it could get a little complicated. there are a number of folks within trump's orbit who have their own legal troubles that we have covered here on this network. number one, a very recent case, steve bannon, for example, he was convicted in 2022 of contempt of congress. he's been asked to surrender himself for a prison sentence. allen weisselberg was just a name that we heard a lot throughout this hush money trial, his former chief financial officer, he has a conviction on his record, and paul manafort, which is a name we might remember from 2016 also has been found guilty in 2018 of fraud. so those are folks and there are others right now that have been charged and are going through the legal process. it could get a little bit dicey with some of the people that have traditionally been around trump's orbit, jose. >> dasha burns and david henderson, thank you both so much. really appreciate it. still ahead an nbc news exclusive as israel celebrates the rescue of four hostages from hamas, we'll tell you what the u.s. government has been considering to get american hostages back. and later, terrifying moments caught on camera. a rodeo bull jumps a fence and charges into the crowd. and in 90 seconds, first on msnbc, brand new footage just now being released of the chaos and confusion after lawmakers fled the capitol during the attack on january 6th. attack on january 6th. >> we're like a third world country here, we had to run and evacuate the capitol. , we had t evacuate the capitol has grown me the best garden i have ever had. good soil, and you get good results. look at that! the broccoli was fantastic. that broccoli! i think some of them were six, seven pounds. 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(vo) if you have graves' disease... ...and blurry vision, you need clear answers. people with graves' could also get thyroid eye disease, or t-e-d, which may need a different doctor. find a t-e-d eye specialist at isitted.com this morning nbc news has obtained footage from congressional footage. the video was shot by pelosi's daughter. chuck schumer is on the phone with then army secretary ryan mccarthy asking about the national guard. take a listen. >> secretary mccarthy, it's senator schumer. do you know what's going on? okay, well, d.c. has requested the national guard, and it's been denied by dod, i'd like to know a good god damn reason why it's been denied. we need them fast. i've never seen anything like this. we're like a third world country here. we had to run and evacuate the capitol. they have not denied it. they spoke to the secretary of the army. he's given the full okay to give the national guard. he said it was not denied. i'm going to call up the effing secretary of dod. >> nbc's julia jester joins us now from washington, d.c. good morning, what's the significance of this footage? >> well, jose, the house gop subcommittee has been working to re-examine the findings of the bipartisan house select committee on january 6th, and this footage really just is part of a broader look at the chaos and confusion that ensued on the day of january 6th. and as the clip you just showed reveals the exasperation and exhaustion of congressional leaders, it was really just targeted at that former army secretary mccarthy. he's not the only trump administration official who received some strong words from leaders. i want to play a clip of then attorney general -- acting attorney general jeffrey rosen with congressional leaders and really it underscores who they blame for the actions that took place on january 6th. take a listen. >> why don't you get the president to tell them to leave the capitol, mr. attorney general, in your law enforcement responsibility. a public statement they should all leave. he is saying -- his tweet said we are for peace. >> law and order, why don't you get him to make that statement. would you do that? would you ask the president to make a statement to ask them to leave the capitol? >> so as you might guess we're coordinating this quickly -- >> no, no, no, please answer my question. answer my question. >> senator, i'm going to do everything i can do. >> does that include asking the president to get these people who are followers of earth to leave the capitol? >> now, jose, this comes as over the weekend, former president trump called insurrectionists warriors and victims of what happened that day, and while leader schumer and pelosi have squarely put the blame on president trump's some of the video clips in this unaired footage show former speaker pelosi saying she takes accountability and responsibility for the lack of preparedness because they were truly, truly shocked by how little prepared the security preparations were on january 6th with the national guard taking more than three hours to be able to help the scene at the capitol and all of this, of course, happens as there's renewed spotlight on january 6th with supreme court justice alito and the controversy over the flags flown on his property. so january 6th back in the spotlight as both president biden and former president trump are really taking the battle for democracy on the campaign trail, jose. >> julia jester, thank you so very much. and turning to europe where early forecasts show the far right parties in france, germany, and austria making major gains in the european parliamentary elections held for the 27 nations that make up the european union. in france president macron made a surprise announcement after his party suffered a decisive loss. he dissolved the lower house of parliament and called for new elections at the end of the month. there were also large gains by conservatives in spain and other countries. up next, secretary of state antony blinken meeting with israeli prime minister benjamin netanyahu in tel aviv right now. we'll play for you what he just said about the american hostages still in hamas custody. we'll talk to florida congressman debbie wasserman schultz about what he thinks netanyahu needs to say when he speaks before congress next month. you're watching "josé diaz-balart reports" on msnbc. é diaz-balart reports" on msnbc. s♪ ♪ i heard i had a choice ♪ ♪ i know the name, that's what i'm saying ♪ -cologuard®? 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