ukraine. >> we just hope they can come to yes. we will have the second vote if the first vote fails. former house speaker nancy pelosi will join me here. plus, hamas responds with its demands to free the hostages as secretary blinken is in israel trying to push for a compromise. netanyahu's response coming up live this hour. none of the above. nikki haley loses the nevada primary to the swing state's unique ballot option of rejecting all the candidates. donors keep her challenge going to donald trump. good day, i'm andrea mitchell in washington. nancy pelosi joins me in a few moments. first, we start with one of her successors, mike johnson, and his shocking losses in the house last night. republicans thought they had two sure wins with two votes late tuesday. the majority failed to impeach homeland secretary mayorkas and they failed to pass a bill for aid to israel. speaker johnson speaking about the failures moments ago. >> last night was a setback. democracy is messy. we live in a time of divided government. we have a thin margin here. every vote counts. sometimes when you count votes and people show up when they aren't expected to be in the building, it changes things. we will do it the next round. >> republicans are killing the bipartisan border bill that included tough measures that they themselves had been demanding for four months of negotiations after donald trump. when it failed as expected in a test vote, chuck schumer plans to try to push through aid to ukraine and israel and the indo-pacific as well as aid for gaza. president biden is ready to make republicans take the blame for killing their own border bill. >> every day between now and november, the american people are going to know that the only reason the border is not secure now is maga republicans and donald trump. it's time for republicans to show a little courage, to show spine, to make it clear to the american people that you work for them, not for anyone else. >> will his push work at a time when the latest nbc news poll this week has 57% of those polled favoring donald trump on immigration over the president's 22%? we start with congressional correspondent ryan nobles. ryan, what a night on the hill. for the speaker to say that democracy is messy, democracy is messy for everybody, but you have to count the votes. >> reporter: yeah. it seems like a simple concept and one that house republicans were unable to do last night. the speaker's explanation for this entire mess that happened last night was that it was a setback. they will push forward. they plan to impeach alejandro mayorkas. scalise will be back next week. there's the wrinkle of a house race in new york to replace george santos. this is by no means a sure thing. it speaks more broadly to just the dysfunction in congress right now, about the basic ability to get simple things done that this congress has shown a lack of an ability to do. you are right that it starts with the counting of votes. republicans assumed that al green, the congressman who had undergone emergency surgery would be unavailable for the vote. they did all their calculations based on that. then green surprised everyone by showing up at the last minute in his hospital scrubs to cast that vote. he talked to anna about why he made the effort to be here last night. >> reporter: we talked a lot about how these thin majorities make governing difficult. this was the first time we had seen it on full display during a vote counting exercise where republicans thought they had the votes and they didn't by just one vote. this is something that could repeat over and over again with important pieces of legislation coming. there's the possibility of a new supplemental package with aid to ukraine and israel and taiwan that the senate is hoping to pass. there's other things like the faa reauthorization. they haven't dealt with the farm bill. then looming down the way is, of course, government funding and a possible shutdown. these are things congress has to do. they have shown an inability to do the most basic things. >> ryan nobles, thank you for starting us off. here with me now is nancy pelosi. i'm trying to remember if you ever went to the floor not knowing where the votes were. >> no. i say to my colleagues, now the republicans in the leadership, don't bring a bill to the floor unless you know you have the votes. in order to know you have the votes, you have to have some in your pocket. they keep talking al green. i was surprised to see rodgers there, former chair of the appropriations committee. he came -- you would have to see the apparatus he had on after being in an automobile accident. they brought him in for that. for them to say that they -- you have to have your votes. don't worry about the other side. you have to have your votes. you know what's a majority. if you don't have that, don't bring it to the floor. >> there are a lot of memes and tweets marking this loss. i don't know if you are familiar with "succession." people are playing when they declare, boys, you are not good at this. it brings to mind, do men know how to count? on a more serious note, the reason they didn't have their votes -- they have a slim majority. they didn't. it's the substance of the impeachment. some of the conservative republicans could not fathom impeaching someone over policy. you had mike gallagher, the wisconsin republican who is the head of the china committee, he said it will come back and they will do it to us if you start impeaching someone over policy differences, not over high crimes and misdemeanors. isn't that the fatal flaw in the impeachment attempt that they say they will try again against mayorkas? >> you bring up a good point about mike gallagher and what he said. what they're trying to do -- understand this. everything they do is about donald trump. he is the puppeteer. sadly, he is shining a light on the strings. it looks terrible. everything is about him. what they're trying to do to mayorkas, who is a distinguished public servant, who has honored the law and the policy, executed the law, is they're trying to cheapen the commodity of what an impeachment is. they're trying to say, if we do him that makes it look like what we did to trump similar. it wasn't. trump, high crea crimes and misdemeanors. this case on the immunity goes into this a little bit. when you look at impeachment, as you made the point, you don't impeach about policy disagreement. high crimes and misdemeanors, execution. so again, they're trying to make it -- gallagher wrote something in one of the papers saying, if they shouldn't have done trump, that was frivolous. it wasn't. it was careful. when he gave us no choice, we had to impeach. >> you know mitch mcconnell. you have worked with him. he was passionate about ukraine. ukraine was in that border bill, which he supported. what happened there? >> that's the senate. we will see what happens today. chuck is doing a great job of putting -- >> isn't that also donald trump behind the scenes? >> absolutely. it's all about donald trump. it's all about donald trump. it's about immigration, all the rest. the president has cooperated, as we have. we see what's in the immigration bill, it's not a bill that anyone has written, but it's compromise, it's negotiation. it solves the problem. for a long time, the president has had this in his proposals. now they have more things they wanted. the president agreed. now they didn't take yes for an answer. mitch mcconnell didn't take yes for an answer. the beginning of the day yesterday, it was promising. toward the end of the day he said, it's changed. that's because of donald trump. >> you are a former intelligence chair. you have foreign policy credentials going back, the gang of eight. you are going to the munich security conference. in congress doesn't pass ukraine aid, how do american lawmakers representing our government hold our -- hold your heads up in germany next week when nato came through with billions but we have weapons that they don't have that ukraine needs? the atacms and air defenses. ukraine is without ammo we are told in the trenches. vladimir putin has more people, more men that can go into the fight, because the casualties don't seem to bother him. >> what's heartbreaking is that we have all praised the courage of the ukrainian people fighting for their democracy and fighting for theirs and fighting for democracy writ large. we have overwhelming votes, over 300 in the house for the military assistance for ukraine. the eu funding over $50 billion, a huge amount of money, much more than -- it's a lot of money. that's largely for the economy, functioning of government and the rest. the military assistance is what they need. that's what our funding is. so it's a total embarrassment. that's the least of it. it's a tragedy that we are not supporting ukraine. i'm not giving up on it. i do think that when they -- the speaker was asked at his press conference what he would do if the senate sent over the ukraine package without immigration. he didn't -- he was non-committal. i'm hoping that so many of the republicans support aid to ukraine. so many of them do in the house of representatives. they do have a pro-putin caucus there. not officially but advocates for -- who benefits from this? vladimir putin. who benefits? vladimir putin, donald trump, it's connected. >> let me ask you the politics of this. there's israel involved. the president's support for israel has really hurt him as the war has progressed and there have been tragedies following the massacre of october 7th, but the humanitarian crisis, which is a catastrophe in gaza has inflamed the world. the president is hurting with the palestinians and arab americans and muslim americans, especially in michigan. the president sending aides there tomorrow to try to repair the damage. what can the u.s. say to netanyahu about compromising and about getting more aid in and about reducing the number of troops that would not damage israel's right to defend itself against hamas? >> the president of the united states has been a true loyal friend of israel, because it's in our -- has been in our national interest, as many of us have. the humanitarian disaster on the ground in gaza is -- challenges our conscience. it's a terrible thing. while they -- october 7th was a horrible thing, but that doesn't mean that we shouldn't be doing humanitarian assistance in gaza. the president has had that in the proposal all along. the republicans have held that up. some of them never want to give any aid to gaza. they have told me that directly. the fact is, conscience demands that we do so. again, it has to have clarity. the president has been advocating for humanitarian assistance, a billion and a half dollars immediately, for gaza. the republicans won't let us take that up. people have to know that, too. the reason they haven't been getting the assistance is because of the republicans not because of joe biden's sincere support for the state of israel. >> does the president have to pick up the pace and the urgency of the campaign? he is 22 points behind donald trump on handling the economy. we have an economy that's gangbusters. that's not what he inherited from donald trump. the new poll, concern about age. 76% of those polled are concerned about joe biden's age. 61% concerned about donald trump's age. he is only a few years younger. >> same category. >> on the immigration, it's another huge gap. what does he have to do to gear up this campaign? >> people have to understand what's on ballot. when joe biden and donald trump, if that's what it turns into, are on the ballot, they have to understand what it means to their kitchen table. donald trump has said, obamacare sucks. it has provided health care that doesn't suck. it provides insurance and care for tens of millions of people who didn't have it and for over 150 million who might have a pre-existing medical condition. he takes pride in overriding a woman, negating a woman's right to choose. proud of the justices on the court that took away that right of privacy and that violation of precedent of the court. we talk about gun violence prevention. talk about climate. talk about all that. that is on the ballot. let's go to people's kitchen table. the cost of health care is an economic as well as a financial -- as well as a health issue. he is trying to reverse the reduction of prescription drugs. we went from $500 a month for insulin, for seniors who are on insulin, to $35 a month. their plan is to reverse that. again, what does it mean to you? actually, joe biden at his age is -- he has a big vision for our country. he brings the wisdom, the knowledge, the judgement of age as well as experience. he knows how to get things done. he is a legislator, not to hold things. he has a big heart of empathy for the american people. that is what -- why we are so excited about his presidency and what he accomplished and what he remains to be done. elections are not about, i deserve it because i did this. people don't want to hear about that. they want to know what you are going to do next. his agenda going forward proving he can get the job done as opposed to the people who don't know how to -- >> you think he can overcome these deficits? >> absolutely. he and kamala harris will be re-elected. chuck schumer, i feel confident about the senate. we will win the house. remember this, in the 2022 election, they said we were going to lose by the polls and pundit, by 30 or 40 seats. we knew that it wasn't going to happen. we could see on the ground what was happening with a woman's right to choose. she will have to apologize for her message of gun violence protection, women's right to choose, climate and democracy. we were five votes short, five, not 30, not 40. i'm not concerned. i'm about mobilizing on the ground. own the ground and get out your vote with a message of the future. again, having the resources, the money to get the job done. just win, baby. that's my motto. we don't agonize about this. we organize to win. >> so say it. thank you very much. >> my pleasure. >> great to have you here. thank you. shuttle diplomacy. secretary blinken in israel and the west bank today trying to narrow the gap between israel and hamas. that's next. we will be right back. you are watching "andrea mitchell reports" in 60 seconds, only on msnbc. on msnbc. my frequent heartburn had me taking antacid after antacid all day long but with prilosec otc just one pill a day blocks heartburn for a full 24 hours. for one and done heartburn relief, prilosec otc. one pill a day, 24 hours, zero heartburn. secretary of state antony blinken just met with the head of the palestinian authority in the west bank. top of mind, the draft by hamas of a hostage release in exchange for an extended pause in fighting with israel and the release of a larger number of palestinian prisoners as well as prisoners who had been convicted of serious crimes. also on the table, of course, the backdrop blinken's push for the palestinian leader, 88 years old, to be replaced by younger leaders and a reformed group once hamas is defeated. the secretary discussing the deal with benjamin netanyahu and members of the war cabinet. joining me now is nbc's matt bradley from tel aviv and peter baker, chief white house correspondent for "the new york times." matt, we are supposed to israel from israel's prime minister late they are hour. president biden er counterproposal a little over the top, but they see there's something to negotiate here in talking to officials in the u.s. they say there's senior -- senior officials say maybe in weeks we can get somewhere. how big do you think the gaps are? >> i think the gap is massive. i spoke with somebody who is connected to the israeli prime minister this morning, speaking off the record. this person told me this is almost a non-starter as far as israel is concerned. there's almost anything for the israelis to work with. they are opposed to the notion that as part of this deal and the 135-day pause in israel's incursion into the gaza strip that the israelis, the idf would withdraw from the gaza strip. that's something that they said they cannot do. as you mentioned, they are very opposed to what they believe will come next, which is that hamas will ask for perpetrators of the october 7th terrorist attack in israel to be among those palestinian prisoners who would be released from israeli jails. that, they said, is simply something they can't even negotiate over. this person told me that they don't even think this proposal will make it to the war cabinet, the first step in it being discussed and adopted by the government. then just a moment ago, i got off the phone with a senior member of the hamas. he lives in beirut. he told me that they thought -- hamas thought it was a very reasonable deal. they were just negotiating in good faith, considering the suffering of the palestinian people. he said the legitimacy of hamas' cause, he thinks the international community should rally behind them. he said that there are no divisions within hamas, which we heard reported, and that's israeli propaganda. he said that if the israelis are going to be rejecting this proposal -- i told him the israelis were pessimistic about proceeding. he said the israelis had no intention of negotiating to begin with. the goal has been clear. he based this on comments from netanyahu and some of the right wing ministers. he said, israel wants to not just destroy hamas but to banish the palestinian people from the gaza strip. he says that's been their goal. he hopes the international community will recognize that. put those two statements side by side from the prime minister's office here in israel and hamas in lebanon, it looks as though there's so much daylight that they won't be able to join together. maybe the negotiations could rescue it. i'm not sure. >> that is certainly a very tough posture from israel. i think a lot of this may be posturing from both sides. peter baker, let's talk about that. what tony blinken's job is as a diplomat is to find areas -- and what he has done is he is meeting this time and on the shuttle last time where i was covering, meeting individually with members of the war cabinet. netanyahu is very unpopular. he has a coalition of government that's put together with these two right wing coalition members. he has to make sure they don't quit on him so the government doesn't fall from his perspective. there's a lot of running room here. peter? >> yeah. look, you know better than anybody how negotiations like this work. you can only really know what's happening if you are in the room. we're not in the room. does the fact that they are sending these signals that matt is talking about indicate that they are really, in fact, near the edge of a collapse of the talks? are they posturing? almost big-time negotiation like this polarized and complicated between enemies is a process of no, no, no, no, no, yes. it's always no up until it's a yes. it doesn't mean it will be a yes. it's hard to judge where we are given the public statements or private statements to some extent by the two sides. they have an interest in getting to a deal. they also both have their own internal politics that argue against it. netanyahu has a fragile right wing coalition. he is under pressure to bring the hostages home. the americans continue to be optimistic. they're their nature. we will see if the next few days bring any kind of clarity to this. >> we just -- blink and otheen s come back to netanyahu said things after the paris framework was announced, and he had the head of hamas and the top intelligence official from idf at the table. they signed the text that bill burns for the u.s. and qatar and the egyptian intelligence leader signed. that framework was signed by everyone negotiating. we are waiting on hamas. hamas came back with a tough proposal. it's one that qatar is calling positive. what i was told is that it's a unified proposal, which is surprising if it is. the most radical leader of them all is inside gaza and he is not always on the same page as the political leaders who live in qatar. to be continued. matt bradley, thank you. peter baker, thanks as all. we are expecting to hear from netanyahu later this hour. we will see how tough he is in his public comments. probably will be. speaking to his domestic audience. with the border and foreign aid bill blocked by republicans on capitol hill, senate democrats look for another way to get billions in aid to ukraine and israel. more on that coming up with senator jeanne shaheen. this is "andrea mitchell reports" on msnbc. rea mitchell reports" on msnbc. with a honey-licious taste. dayquil honey, the honey-licious, daytime, coughing, aching, stuffy head, fever, power through your day, medicine. rsv can seriously impact breathing, even for the best performer. protect yourself with pfizer's abrysvo... ...a vaccine to prevent lower respiratory disease from rsv in people 60 years and older. it's not for everyone and may not protect all who receive it. don't get abrysvo if you've had an allergic reaction to its ingredients. a weakened immune system may decrease your response. most common side effects are tiredness, headache, injection-site pain and muscle pain. ask your pharmacist or doctor about abrysvo today. - i got the cabin for three days. it's gonna be sweet! ask your pharmacist or doctor what? 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and senate standing firm against the bipartisan border bill, today chuck schumer will force a vote on a stripped down package which will include aid to ukraine and israel but not the border package. this month marks two years since russia's invasion of ukraine began. as "the new york times" reports, ukrainians find themselves outmanned and outgunned. they are short of ammunition. joining me now is jeanne shaheen of new hampshire, one of the key negotiators on the package. she's a member of the armed services and foreign relations committees. i should have pointed out there will be a test vote. he will put the whole thing up and the procedural vote and if that goes down, then he will take the ukraine and israel money out and try to get that through. is that your understanding of the latest from the democratic leader? >> that is my understanding. it has not just aid to ukraine and israel but it has funding for taiwan in the indo-pacific, humanitarian aid that so many people around the world are so desperate for. this is really important, including people in gaza. it's very important that we pass this, particularly for the brave ukrainians who have been so courageous in standing up to vladimir putin and who we know only have about 20% of the munitions and weapons they need right now as they respond to the russian attack. >> this could be a close vote, despite what many people acknowledge is a compelling need for aid to ukraine. there's some in the republican side who don't want it. now bernie sanders said he will vote no on the foreign aid package if it's included assistance for ukraine, israel and taiwan. >> you know, this is the height of hypocrisy. last fall when this security package was before us for the first time and republicans voted it down, they voted it down because they said they needed that border security piece. so we spent four long months negotiating and a very tough border security package. now they are saying they can't support aid to ukraine and israel and the indo-pacific unless we take off those border security provisions because former president donald trump said he doesn't want to have anything passed that's going to help the border because he wants to use that as a campaign issue. >> senator, let me interrupt you for a moment. prime minister netanyahu is speaking in israel. we want to hear that. stand by. i would love your comment. >> translator: they will achieve all the objectives of the war. they're going to release all the hostages, eliminate hamas, and gaza will no longer be a threat to israel. i have decided that that is our objective. that is the decision i made at the beginning of this war. and we will not suffice with less. remember when i was a commander in the general staff force. we said we never go back until we complete our task. i have heard from our soldiers and commanders, we do not come back until we win. this is in contradiction to what has been said by all sorts of past ex this or ex that. that's in contradiction to many who said in the international arena as well before the ground forces went in. they said it won't succeed. it's a mistake to go into the gaza strip. we won't succeed in ridding the hospitals of them without killing innocent citizens. they kept warning us we won't be able to go into that network of tunnels because it's impossible. but these brave commanders and soldiers have proven the exact opposite. everything that was said is impossible, we have proven is possible. all the objectives that were designated for the soldiers, they have achieved beyond that. the achievements of the idf are unprecedented. within four months, the idf have wounded and killed over 20,000 terrorists. in other words, we are talking about all those brigades we have actually achieved to eliminate. our soldiers are systematically destroying the tunnels that they are hiding in, the hamas terrorists are hiding in them with caches of arms and hiding places they thought were impenetrable, that no one could get into them, completely sound and safe. now we are in khan yunis. we have guided the idf to go into these last strongholds of the hamas. here again, when the time comes, the idf, according to international law, will enable the civilians a safe passage outside these areas. the destruction of this underground is what we are going to do to the very end. i would like to emphasize once again, there is no other solution other than this complete and decisive victory, because otherwise, it is just a matter of time until the next massacre. the axis of terror from iran will continue. so only by destroying hamas will we have security for the state of israel in the north and in the south, because hamas would like to radiate its terror all over the middle east. i said to the secretary of state antony blinken, we are a finger away from that decisive victory. now i would like to speak to the families of the hostages and say to them, your dearly beloved are always in our hearts and we always -- we are looking at you, we are looking at them, their pictures, and our heart is broken. we will not stop acting the whole time, trying to find some kind of agreement, some way of bringing them home. continuing this pressure is a condition, it's an unequivocal situation, and we must achieve their release. if we do not, we are going to bring a terrible catastrophe to the state of israel if we stop. now for the day after, i would like to clarify that the day after is the day after hamas, not part of the hamas, not half hamas, but the entire hamas. i said to the secretary of state blinken that after we eliminate them, we will ensure that the gaza strip will be demilitarized forever. there is only one strength and power that can ensure that demilitarization. it's only the state of israel and the idf. they will act wherever and at any time that is necessary so that the terror will not be visible once again. they will -- no one will be able to continue financing terror and teaching their children such hatred. yes, we will have to exchange honor and bring our people in their place. i spoke to the secretary of state about that. we are standing at a historic turning point. either we could go towards light or towards the dark. we will not let those dismal forces of iran win. eliminate the terrorists in tehran is a condition that we must preserve for the state of our security, our future and our home. >> prime minister netanyahu speaking to his domestic audience, saying that they have to eliminate hamas, saying that -- to the hostage families, they are in their hearts always, but saying they have to eliminate hamas. that that is the goal and they can't change that goal. senator jeanne shaheen from armed services and foreign relations, i think you are with us listening to the prime minister through the translator. a hard line. he said this is what he presented to secretary blinken. secretary blinken, we know his mission was to say, you have to start withdrawing from khan yunis, you have to start redeploying in the south. that needs to happen because they moved people around, and the people they have moved from one place to another are now being attacked where the idf is operating. that's one thing. they need to get aid in. they need this pause, according to blinken, and to the arab leaders with whom he is negotiating, and to many israelis, they need to have the pause to get the hostages out and to get the humanitarian aid in. the generals, we are told, israeli generals and the idf are saying to netanyahu that you cannot totally eliminate hamas and still keep the hostages alive. those two goals are mutually exclusive. you have to start drawing back. do you see any room for compromise here now? >> well, i think compromise is something that's necessary. i didn't hear the prime minister respond to the latest offer around the hostage release. as you point out, there needs to be a cease-fire in order to allow those hostages to be released, also to get humanitarian aid in to the palestinians who are still in gaza who are under attack too often. 27,000 people have been killed. two-thirds of them women and children. the prime minister really didn't address what comes next. he said he was going to address it, but i didn't hear him talk about anything that sounded like it was a real solution for the future. the question is, what happens after the fighting ends? how do they address long-term a situation to make sure that there continues to be peace with the palestinians and that we don't see hamas or any other terrorist group come back? as long as there is this friction, it's going to be hard to assure that. >> one of the things that he seemed to be saying is that -- he said it literally. only the israelis and idf can ensure security in gaza post war. the arab leaders are suggesting that an arab security force would rebuild gaza and secure t. the u.s. and arab position has been it cannot be an israeli occupation. >> we have seen what happens in the occupation. i understand it's the palestinian security forces on the west bank that have helped to maintain some level of peace and stability on the west bank. it seems to me that the palestinians and the arab world have to be part of the solution here and have to -- the israelis need to work with them. they need to work with israel in order to make that happen. >> senator jeanne shaheen, thank you so much. thanks for your expertise. i know from your committee work, you know a lot more than most of us about this. appreciate it. >> thank you. the legal limbo. how donald trump's latest defeat in court in the appeals court yesterday could impact the campaign this year, depending on what the supreme court does, if he appeals as is expected by monday. you are watching "andrea mitchell reports." this is msnbc. msnbc. don't take if allergic to nurtec. allergic reactions can occur, even days after using. most common side effects were nausea, indigestion, and stomach pain. ask 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( ♪ ♪ ) start your day with nature made. the #1 pharmacist recommended vitamin and supplement brand. nikki haley suffered another loss in her bid for the presidency last night. this was self-inflicted. in nevada's primary, where there was no delegates to be won, she chose to compete almost without campaigning. adding to the embarrassment, voters used the option to vote, none of these candidates, which garnered twice as many votes as nikki haley did. nevada will hold a separate caucus where delegates will be awarded where donald trump is competing. he is expected to walk away with 26 more delegates. that's despite the legal setback he suffered yesterday when an appeals court rejected his claims of presidential immunity from prosecution. joining us is susan page, brendan buck and law professor paul butler. welcome all. brendan, to you first on nikki haley. the campaign raised millions of dollars. she had a good month. her aides say she's not getting out even if she loses south carolina, which she's poised to do in another two weeks. she's three losses down. she could lose her home state of south carolina. she can keep going as long as she's got the money and the millions are coming in. but it seems like nevada was a miss that was avoidable. >> yeah. you don't get headlines as bad as that very often. look, nikki haley was the very first person into the race to challenge donald trump donald trump. it's only recently she acted like anybody running against him. this is the thing you end up with in nevada when you have not taken on your opponent for months and months and months. i wonder at this point if nikki haley has any regrets. she has given the person who was the incumbent months and dozens of points of polling lead before she got into the race. it feels hopeless at this point. now, look, i guess anything can happen. this feels like a campaign that was waiting for donald trump to implode. we have thought for months, years, excuse me, for years, that donald trump was going to implode based on things he has done or said. at least not with the republican base. any campaign that thought he was going to go away is waiting a long time. i think that's probably the you will mat failure of her race. >> paul, let's talk about the legal front for donald trump. they closed every door along the way. they did it very carefully. it was all three judges. they clearly took the time to make sure that their fellow judges on the bench didn't want to take another crack at it. the full panel. they gave him a short time to post bond and file this appeal by monday so he can't waste a lot of time for the supreme court. the supreme court can then take their time to make a decision if they want to deny. but they could take it. they could take a lot of time, with the clock running out on the chance of judge chutkan getting this trial on the calendar again and having -- holding a trial before the election. >> yesterday's decision was written to withstand review by the supreme court. it takes down every argument that trump made. trump now has the option of asking the entire court of appeals to reconsider. but if he does that, then judge chutkan will be able to resume trial proceedings next week. if he goes directly to the supreme court, then the case stays on hold until the court takes option. the opinion, i think, is something that will be affirmed by the entire supreme court. it might take the case for a couple of reasons. one is that this decision by the d.c. circuit isn't binding on other federal courts. the other reason is that the issue is so important, whether a former president has immunity from criminal prosecution, that the supreme court itself might want to weigh in on that issue. >> there are ballot deadlines coming up. the ballots need to be printed in a number of states very quickly. the supreme court can act very, very rapidly when they want to. in the nixon case, case in point. bush v. gore was another case in point. they could slow it down. >> exactly. both those cases you mentioned, bush versus gore and nixon versus united states were decided within a month. for all of trump's attacks on judge chutkan, she's a former public defender who is very concerned about the rights of criminal defendants. she said that for every day the case is on the trial in order to give trump's team enough time to prepare. so what that means is depending on what the supreme court does, we could be looking at a trial this summer including during the rnc convention, or even during the height of the fall campaign season. the other thing judge chutkan said is that court dates take precedent over a defendant's day job, which means that she's not going to factor in trump's presidential ambitions until when she sets the trial date. that could have enormous consequences because a criminal defendant has to be in court every single day. >> and susan page, let's talk about the biden white house and the reelect campaign. some significant white house aides have gone over to the campaign to ramp it up. and they are sending top aides to michigan tomorrow to try to talk to the arab and muslim communities that are so much on fire about his support for israel and what's happening in gaza. but you know, what does he do with these poll numbers? 22 points behind trump on the economy when the economy is so good right now and on immigration and the numbers on the voters, 76% of those polled in our poll thought that he's too old to be running, whereas only 61% think that of donald trump who's only a few years younger. how does he close that gap, even though it's early in the year? >> it's early in the year, but you know, opinions get said. there's a lot of concern among democrats that the campaign is not doing enough and doing it aggressively enough to address some of these big problems including the disaffection of a lot of young voters over what's happening in gaza, over the failure to get credit for a good economy, and for also not tackling more head on concern about biden's. we're going to see that on sunday when president biden will not be doing that traditional super bowl interview. it's a big audience. it's not considered a big high risk. it's a way to talk to a lot of americans at a time they're feeling pretty good because they'll be watching the super bowl. i think that mix of things has raised concerns among democrats about just what this campaign is doing. they think president biden has a good case to make, but you know, so far he is not succeeding in making it, andrea. >> i couldn't figure out that super bowl interview, passing on that. paul, very briefly, i think you're all going to be watching. for three hours we're going to be anchoring the audio, however long it takes, for the supreme court to hear the arguments on basically the 14th amendment, the colorado challenge. what are you expecting? >> this is going to be epic. it's history in the making. i think that the supreme court is likely to reverse the colorado supreme court decision and leave trump on the ballot. what i'm really interested in is i think the chief justice would love a unanimous decision. i'm interested in the questions that the moderate justices ask, justices jackson, sotomayo and whether they show any kind of support for the supreme court of colorado decision because i think it's going to be tough to get a compromise, and if it's a 6-3 vote, that's just going to reinforce the concerns that this is a supreme court that's hyper partisan. >> susan, when you look at what's going to happen tomorrow, we understand that the former president is not going to be in the chamber for this. that's been our latest reporting. of course he could always change his mind, but anytime these issues come to play, even when he loses as he did yesterday and it was a crushing defeat in the appeals court, but he seems to raise money on it, victimize himself, and go up in the polls. >> yeah, it's been one of the astounding thing about former president trump's appeal, that everything seems to galvanize his supporters, only increase their devotion to him, and the question is if he is convicted of a felony, if for instance this trial goes ahead in time and he is convicted in it, does that behave differently? does that peel away some of the supporters who have stuck with him so far? >> brendan buck, paul butler and susan page, thanks all of you. joining us tomorrow, ana cabrera, josé diaz-balart and i will be starting at 10:00 a.m. eastern for special coverage, live coverage of the supreme court's complete oral arguments on whether or not donald trump can remain on the ballot in colorado. big implications of course, for other states. and we have breaking news from california, terrible news, there's a search underway for five u.s. marines flying from creech air force base. the marine corps is coordinating the first along with first responders. no sign if the helicopter has been found. that does it for this edition of "andrea mitchell reports." follow us on social media @mitchellreports. you can rewatch the best parts of our show on youtube. and "chris jansing reports" starts right now. light work! ♪♪ next victims. ♪♪ you ready for this? ♪pump up the jam pump it up♪ [♪♪] looking for a moisturizer that does more than just moisturize? try olay regenerist for 10 benefits in every jar. olay visibly firms, lifts, and smooths wrinkles, by penetrating the skin, to boost regeneration at the surface cellular level. try olay. there's nothing better than a subway series footlong. except when you add on an all new footlong sidekick. we're talking a $2 footlong churro. $3 footlong pretzel and a five dollar footlong cookie. every epic footlong deserves the perfect sidekick. order one with your favorite subway series sub today. rsv can seriously impact breathing, even for the best performer. protect yourself with pfizer's abrysvo... ...a vaccine to prevent lower respiratory disease from rsv in people 60 years and older. it's not 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by the same republicans who asked for it and who