Military families in america. Should we be shocked? yes, political boomerang. Why republicans should do research before going ahead with their attack on kamala harris. And katie harris said the zoo has come to town. It turns out the real circus just showed up on trump's transition team. I am ayman mohyeldin. Let's do it. Five time draft dodger donald trump loves to paint himself as a champion for veterans. Nobody has ever defended the veterans like i have defended the veterans. I took good care of our vets. We will take care of our veterans better than anybody. Trump's performative support for the military hit a new low this week when he went arlington national cemetery 213 fallen soldiers who died during the 2021 afghanistan withdrawal. As we now know, trump used his visit to get political, filming an ad in which he jabbed president biden with the headstones of fallen troops in the backdrop. We can never assume why trump does what he does, but we do know that it leads to disgraceful moments like the one we saw which was of course another disgraceful moment that happened recently when trump said the presidential medal of freedom, which honors civilians is, quote, actually much better than the medal of honor, which is awarded to servicemembers who are wounded or killed. Trump's arlington stunt was an attempt at cleaning that up. He failed. As npr first reported, cemetery officials tried to prevent trump and his staffers from filming in an area known as section 60 where veterans of recent wars are buried. Only arlington staff members are authorized to take photos there. Trump's campaign staff responded by verbally abusing and pushing aside one of those officials. The trump campaign denied violence took place but the campaign director than insulted cemetery staff, claiming one of them suffered from, quote, a mental health episode. The ordeal prompted the u. S. Army to make a rare public rebuke, issuing a statement confirming the encounter took place and adding that the trump campaign was well aware of federal laws, army regulations and dod policies which clearly prohibit political activities on cemetery grounds. Trump has been caught plain and simple and his blatant disrespect for the military is nothing new, especially for veterans who criticize him. Case in point, the late senator john mccain. He is not a war hero. He is a war hero because he was captured. I like people who weren't captured, okay? then of course as president you may remember reporting that trump referred to fallen soldiers as, quote, losers and suckers. While trump and his allies deny he said that, trump's former chief of staff john kelly confirmed trump did say that, which led trump to attack kelly as he has many of his former cabinet members such as jim mattis and former chairman of the chief mark kelly who trump is accused of treason. Then there is what trump would do if elected again, vowing to fire socalled woke generals. Watch. Would you fire those generals? the woke generals at the top. Yes i would get rid of them. I would fire them. You can't have woke military. When it comes to explaining his actions at arlington, trump is being trump of course, deflecting accountability. He started by claiming ignorance in an interview with dasha burns and now it appears he is pointing the finger at the families. All of a sudden i hear that somebody that i have no idea who it is got into an argument with somebody else at the cemetery. They said, sir, could you take some pictures with us at the graves of our child? i didn't want to take pictures, but i wanted to take them if they wanted to take them. Taking aim at families of fallen veterans. Nothing new for trump. Remember in 2016 when a gold star father addressed the dnc, blasting trump's attack and a now powerful and prophetic speech. Have you ever been to arlington cemetery? go look at the graves of brave patriots who died defending united states of america. You will see all faiths, genders, and ethnicities. You have sacrificed nothing. And of course how did trump respond to that? his wife, if you look at his wife, she was standing there. She had nothing to say. Maybe she wasn't allowed to have anything to say, you tell me. Trump's allies piled on, accusing khizr khan of using his son as a political pawn, which makes what happened this week at arlington all the more sickening. The disgraced former commander inchief standing on the graves of america's fallen to take what he knew was an illegal photo all to support cheap political points. Khizr khan is a gold star father. He joins us now. His late son served as a u. S. Army captain in iraq. Thank you so much for coming back on the show. It is good to see you again. Vice president kamala harris put out her own statement today condemning what happened at the arlington cemetery. She said, quote, this is a man unable to comprehend anything other than service to himself. You called out trump's lack of sacrifices in your 2016 dnc speech, as we highlighted. What you make of this latest incident involving trump at arlington cemetery? well again, i am disgusted, but not surprised. This is trump that the world has known. He has no concept of service and sacrifice. Multiple occasions when he was in office, how he disrespected our heroes and their families and he continues to be. What i am surprised is republicans are as patriotic as anyone else. How come they have not seen this contempt of our heroes in uniform and our veterans and their families? deep down in trump and have rejected him? they have three presidential elections, ayman. The last three presidential elections trump has been the republican representative. It is amazing. The legacy that republicans have created for themselves, for such a despicable person that fails to respect the sacrifice and service. So i am disgusted, but i am not surprised from trump. It will continue to be like this, that is what he is. You bring up a very important point about the republican party. When you and your wife for targeted by trump in 2016, there were a handful of republicans who defended you, like late senator john mccain. When you look at the modernday republican party they have all fallen in line with trump's disrespect to veterans and their families. You have his running mate j. D. Vance defending his visit and even senator tom cotton from arkansas put the blame on everybody but donald trump. This is a new low point for the republican party and the state of veterans in this country. Ayman, i honor the service of both senators and other veterans and their families. We honor their service. The both of them i say this. And please make a note of it. In the 234 year history of the united states, there has not been a president or former president who had been indicted and convicted of a felony. Whereas trump, their candidate, candidate of vance and cotton, is convicted of 34 felonies. The lowest in the history of the united states. This is a tragedy that is a legacy of shame and in the history of the united states and republicans will continue to have this burden henceforth in history that they nominated a person who was convicted of 34 felonies, as their candidate. I want to ask about something you have a lot of experience with and it is in relation to this incident at arlington. According to the new york times, and official filed a report but then declined to press charges. The person believed to be involved in the altercation. Military officials later said they feared the employee would face retaliation from trump supporters of her identity was exposed and ultimately leaked online. You have experience with this, unfortunately, as someone who was targeted by trump and his allies. How real of a threat was that? how menacing of a problem are these threats to people who try to do the right thing in our society, but then get attacked by trump supporters? ayman, i would testify to the courtesy and professionalism of arlington cemetery staff. They are most courteous and most cognizant of families and the heroes that are buried there. I have had, personally our family has had many years of interaction with them. They are most courteous, most professional and all they were trying to do was enforce the regulation that is in place. I am not surprised. Their concern is justified. As a witness to their professionalism, professionalism of the arlington cemetery staff, there courtesy is amazingly impressive and they are always cognizant of why they are there. What honor they are protecting and guarding on behalf of all of us. So i am not surprised because of the concern of trump's behavior. Final question to you, what do you say to military families, other military families like yours who see what donald trump is doing and yet support him anyway? don't be suckered in. He has shown his true colors. In 2018 in france when he called our heroes suckers and losers and then standing in the same section 60, he asked general kelly where his young son is buried. Asked what is in it for them? this person has no concept of sacrifice and no concept of service to this nation and more important while america i ask, will you hire a person with this record of felony convictions to guard your family? same thing to our veterans and their families, that you have served this country with honor and dignity. Continue to serve, one more time. Make sure that donald trump, as his own attorney general said, bill barr said in a public statement, that donald trump should not be elected president again. He is a narcissist, troubled man. All true. Khizr khan, thank you so much for your time. It bothers me around these moments and incidents, but i am so glad for your insights and sharing your thoughts with us. Thank you. Thank you. Some breaking news out of the middle east today. The israeli military announced tonight that they have located several bodies during fighting in the gaza strip. They also announced they have yet to identify the bodies, which will take several hours. The news comes as tens of thousands of israelis protested the netanyahu government in tel aviv today, advocating for the hostage deal. Shortly after the military announcement the hostages missing families issued a statement calling on mobilization and stating netanyahu abandoned the hostages. This is a fact. Starting tomorrow the country will tremble. Again there is no official confirmation on the identities of the bodies. Moments ago president biden addressed this news after exiting church in rehobeth, delaware. In the mean time in the meantime we want to identify the bodies. There is a lot of speculation of who they are and we will do that. We should end this war. I think we are on the verge of having an agreement. It is just time to end it. Of course we will let you know updates as we get them throughout the program. Up next, donald trump resurrects a familiar tactic to skirt accountability and his ongoing legal battles. The question, will it work? (man 2) what's my next step? oh! ugh. (girl) dad. (vo) you break it. We take it. (woman 2) we can take it. (vo) trade in any phone, in any condition at verizon for the new google pixel 9 with gemini. (man 2) give me a recipe with these ingredients. (girl) let's do that one. (vo) only on verizon. When you host, your bathroom can feel like a revolving door. . . Keep things fresh with febreze small spaces. It's an outletfree air freshener that fights odors for 45 days. So even after every flush. . . 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Honestly, someone get a helmet on this guy. Get a free unlimited line for a year when you buy one unlimited line. Plus, get up to $800 off google pixel 9 phones. Switch today! all right, all right, so trump and his attorneys are bringing out all the stops to keep them from facing accountability before election day. Trump's attorney filed two briefs in hopes of evading judgment in the civil fried fraud conviction. This is around inflating the value of assets over the years in order to get better loan and insurance terms. These new briefs came on the same day that trump's legal team proposed a court schedule in his federal election interference case that would push the start of a trial until after inauguration day. Special counsel jack smith says no time should be wasted and the court should immediately begin hearing arguments as to whether trump's actions are covered by presidential immunity. U. S. District judge chutkan set a hearing for thursday to discuss the future schedule of this case, originally set for trial in march. A lot to break down. We have msnbc legal analyst danny cevallos here to help us make sense of it. Let me read to you something. This backandforth about the scheduling and jack smith filing the superseding indictment. He said, because of the vagueness of the immunity test that justice roberts puts forward, whatever ruling judge chutkan makes will likely be appealed. Are we bound to see endless appeals in this case? of course because the immunity decision by the supreme court raised more questions than it answered. Yes it give us a qualified test, but no one has applied that before. No one knows what it looks like, so judge chutkan will be doing this for the first time arguably in american history. That is why it was probably very clever for jack smith to voluntarily obtain a superseding indictment where he excised all the stuff that was obviously not going to survive. Most notably the allegations that donald trump tried to use the doj or pressure doj officials to help him in his plan as a candidate to overturn the election. That was going to go away because the supreme court said in so many words, this is an example of what thou shall not prosecute a former president four. Even the new streamlined indictment will be a subject of appeal after appeal and really probably from both sides if they don't like what they get. So we may be marching back to the supreme court and not in a way that gets completed before the election and probably not before inauguration. You bled it a little bit into the second question. Was this move by jack smith, the superseding indictment that you mentioned strippeddown areas of potential dispute, does that strengthen his case that donald trump did in fact, as he alleges in the indictment, commit these crimes? or does it just make him basically like he still has a case, but it does not make it stronger or weaker that he stripped the things he thinks might be in dispute. Consider most of the time when a defense attorney like me it's a superseding indictment it strikes fear in our hearts because it usually means the government is found the bank accounts or discovered a body or something that is bad for defendants or they are adding charges. That is not what happened here. This is not a typical superseding indictment. This is the rare superseding indictment where the government has narrowed instead of expanded its case. Have they done it surgically in a way that makes the case easier to survive in judge chutkan's court and the appeals beyond? it is interesting to me. Jack smith got rid of the stuff he knew was going away, but it is interesting. He has allegations about mike ends. Mike pence and donald trump's communications with him are probably squarely in the middle zone. The zone where it might be presumptively immune, but that can be overcome by the correct evidence if jack smith can put it forward. That signals to me that jack smith, while he got rid of the stuff he knew was going to be out, is still feeling ambitious about anything that is a gray area. He still wants to move forward with those mike pence type allegations, so he is feeling confident enough and wisely got rid of the stuff that could not have been kept in the indictment. Let me ask you about the civil rights case because we have heard trump and his attorneys try to say there are no victims in this crime. That it is barred by the statute of limitations. They even go so far as saying there was no evidence of intent to defraud. Debunk that argument for us and why it does not hold any water. This is a common argument among whitecollar criminals. Criminal defense attorneys will tell you that clients will often say hey, nobody was hurt by what i did. Everybody got their money. That is not the way to think about federal criminal statutes. For example if i lie to a bank in order to obtain a loan at a favorable rate and even if i repay that loan, what i have done is expose the bank to risk unknowingly. I've put them in danger of losing a lot of money. The fact that i ultimately did pay everything back, that does not somehow make it right. If everybody did that, if everybody lied to a bank and got the interestrate they wanted, there would be many people defaulting and this would cause irreparable harm to the entire economy. The argument that nobody got hurt is something that white collar criminal defendants frequently claim. It rarely goes anywhere because that is usually not a defense. I violated the law, but nobody got hurt. Everybody is still pretty much the same. Also the money that goes to trump on baseless claims that he lied about his documents or devalued his assets is one less dollar that goes to somebody who is not lying on their documents and you could argue that a person gets hurt by the bank not having money to give out to other people. That's exactly right. The public policy behind these statutes is certainly sound. We want people, large corporations, to be honest. Ayman, i don't know if you filled out a mortgage application in the last 10 years, but it felt like 10,000 pages of me bearing my soul. Everything i've ever done since grade school. If i'm being honest and you are being honest for our condos in the city, it will stand to reason that the trump organization should do the same thing. I may sound glib, but that is some of the rationale you heard from the state. If everybody did this the economy would crumble. By the way about a decade ago everybody was doing this. This is a danger that has to be attacked. Good to see you my friend. Really appreciate