Good tuesday morning, everybody. It is may 12th, just in case you were wondering. Days do blend together these days. With more than 1. 3 million cases of the coronavirus here in the United States, and the death toll at nearly 82,000, the president is claiming that his administration has, quote, prevailed when it comes to testing. In the rose garden yesterday, the president was flanked by two large banners that read america leads the world in testing. Even though the numbers appear to tell a different story. The president tried to project confidence about reopening the economy, but he found himself on the defensive when questioned by reporters. In your comments earlier, we have met the moment, we have prevailed. To you, sir, is the Mission Accomplished even with 1. No, we prevailed on testing is what im referring to. You never prevail when you have 90,000 people, 100,000 people, when you have 80,000 people as of today, when you have the kind of death youre talking about, when you have potentially millions of people throughout the world that are dieing. Thats not prevailing. What im talking about is we have a great Testing Capacity now. Its getting even better. If people want to get tested, they get tested. We have the greatest capacity in the world. Not even close. If people want to get tested, they get tested. But for the most part, they should want to get tested. Your senior staff, as you just referenced, is able to get tested every day. When will it be that americans across the country will be able to get tested every day as they go back to work . Very soon. Really, very soon. Normally you would have said that you are not tested and you would have been, you know, knocking us for not getting tested. So if we get tested, its a problem and if we dont get tested, its a problem. But i like the way your question was phrased better this way because it is a positive. When will the rest of america have the same access that members of your own white house have for testing . And you know what . If we did no tests in the white house you would be up complaining why arent you getting tested at the white house . We cant win. Now that were doing so well on tests and so quick and so fast, five minutes, etcetera, and so accurate, youre complaining that were getting too many tests. So you cant win. So then the president abruptly ended his News Conference after asking for more questions in the rose garden yesterday. It all happened after a Tense Exchange with two reporters. Watch this part. You said many times that the u. S. Is doing far better than any other country when it comes to testing. Yes. Why does that matter . Why is this a global competition to you if every day americans are still losing their lives and were still seeing more cases every day . Well, theyre losing their lives everywhere in the world. And maybe thats a question you should ask china. Dont ask me. Ask china question, okay . When you ask them that question, you may get a very unusual answer. Yes, blind you, please. Sir, why are you saying that to me specifically, that i should ask china . Im telling you. Im not specifically asking it to anybody. Im asking anybody that is a nasty question. That is not a nasty question. Why does it matter . Please, go ahead in the back, please. No, thats okay. But you pointed to me. I have two questions, mr. President. But you called on me. I did and you didnt respond and sorry, i just wanted to let me colleague finish but can i ask you ladies and gentlemen, thank you very much. Appreciate it. Thank you very much. And that is how it ended. So nearly two months since new york went into lockdown mode. Parts of the hardhit state are beginning to reopen in carefully planned phases. The governor announced yesterday that three regions of the empire state have met strict guidelines, including increased testing and declines in virus cases to begin reopening this weekend. Limited construction. Manufacturing. And curbside retail will be allowed to resume in the finger lakes, Southern Tier and Mohawk Valley areas as you see there on the map. Meanwhile, certain lowrisk businesses and activities, including landscaping and gardening work, Outdoor Sports like tennis and drivein movie theaters can open on friday as new york shelter in place orders do expire. While parts of the state look to open, new york city has only met four of the seven criteria to meet that process here. The citys death toll now stands at more than 20,000 people. That number continues to go up. That number accounts for more than 75 of the states total fatalities. New data is showing Coronavirus Infection rates are spiking to new highs in several metropolitan areas in smaller communities across the country. According to some undisclosed data, the white houses Pandemic Task force is using to track infection, the numbers contradict the president s claim yesterday that the infection rates are coming down rapidly nationwide. According to last weeks report, the heartland reported surges of nearly 75 over a sevenday period compared to the previous week. Cities on that list include nashville, amarillo, texas, and atop the list with a 650 increase, central city, kentucky. Also the nations top Infectious Disease expert intends to warn the senate that americans would experience, quote, needless suffering and death if the country opens up too quickly. Dr. Anthony fauci, expected to make his first appearance before Congress SincePresident Trump declared a National Emergency back in march when he testifies remotely at a high profile hearing before the Senate Health education labor and pen chavent committee. Fauci intends to warn the senate against the dangers if the United States opens up too quickly. In an email, fauci previewed his message to senators saying in part this, if we skip over the checkpoints in the guidelines to open america again, then we risk the danger of multiple outbreaks throughout the country. This will not only result in needless suffering and death, but would actually set us back on our quest to return to normal. Lets get into a bit of this. Joining me now from the Washington Examiner magazine, jay caruso. Good morning to you. Great to see you on this tuesday morning. I hope you are well. How do you expect the senate to respond to a message like i just read that dr. Fauci previewed to reporters at the New York Times warning against the reopening the country, warning against, excuse me, reopening the country too early . Well, its not even so much im concerned about the senators listening to him. It should be the governors listening to him across the state. In a time when theres that many people unemployment, we have about 15 unemployment rate. It will probably be higher next month. Its understandable that states want to reopen. But at the same time, there has to be caution. Theres nothing wrong with people cautious about reopening. Risking some of these outbreaks, we saw what happened in south korea, one of the countries that handled this virus the best. They had to close down clubs again once they saw that there were some outbreaks there, some people were getting infected as a result of that. So its just a matter of this is one of those cases where you listen to the scientists and, you know, ignore all the talk about fauci and what his agenda is. Basically, hes got an agenda that says, i want to see the country reopen but i dont want to see any needless suffering as a result of moving too quickly to. Respond to flpolitical appreciates. So can we be comfortable with the fact that President Trump supporters are not seeing fauci as someone who is trying to mislead them, but instead, trying to warn them against opening up too early . Can we be confident that a Republicancontrolled Senate will listen to dr. Faucis warnings, despite the fact that they have repeatedly been on the side of the president . I think so. And i think ron desantis is probably getting a little bit of a bad wrap. I think florida is opening more carefully than people might think. Im not as sure about texas, but florida is. The majority of governors are kinds of going along with the white house guidelines and opening a little bit more carefully. Colorado, which has a democratic governor, is opening in the same fashion. So they are listening to them. I think the senate is i think the senate will take faucis words, you know, to heart, and they will listen to him rather than just concern themselves with making themselves look good in front of President Trump. So then the question is what do they do with that information . Do they appeal to the president if they feel like he is moving too quickly . That is the question. Jay caruso, stay close. Going to talk to you again in just a little bit. Still ahead, President Trump defending his handling of the virus infections inside of the white house. Also, the legal battle surrounding the president s financial records. Yeah, were still talking about that. Heading to the Supreme Court today. Legal analyst Danny Cevallos is here to weigh in on that. Those stories and then, of course, a check on your weather when we come back. Everyday youre eating acidic foods; youre constantly weakening that enamel structure. Pronamel repair allows more minerals to penetrate deep into the enamel layer and it repairs it. It is pretty phenomenal. Wokeuplikethis migraine medicine. The 3 40 midshift migraine medicine. Introducing ubrelvy™. Its the migraine medicine for anytime, anywhere a migraine attacks without worrying if its too late or where you happen to be. One dose of ubrelvy™ can quickly stop a migraine in its tracks within two hours. Many had pain relief in one hour. Do not take with strong cyp3a4 inhibitors. Few people had side effects, most common were nausea and tiredness. Ask your provider about ubrelvy™ or access doctors from home with telemedicine. Migraines can strike anytime, anywhere. Ubrelvy™. The anytime, anywhere migraine medicine. Welcome back, everybody. Can the president enable others to defy a congressional subpoena . That is ultimately the question the scattered showers will answer after arguments made later today. In cases the atlantic says could change the balance of power in our government, attorneys for the president will argue that the House Oversight and Financial Services committees who have subpoenaed the president s financial records from banks and accountants have no legitimate reason for requesting them. The house has respond it needs the records to conduct oversight investigations and to draft legislation, as well. The court will determine who is right here. The case will also determine whether a new york grand jury may see the president s records as part of a criminal investigation. Joining me now, msnbc analyst Danny Cevallos. Good morning to you. Good to see you on this tuesday morning. Wow, were finally coming to a head on this case that we have been following basically since the president entered office back in january of 2017. This could feasibly determine whether a president can escape oversight by congress. What are the particulars here, danny, and which way do you expect it to go . If we were taking betts, you would see bet heavily on congress and new york state and against the president. And the reason for that simply is that the president has lost at almost every single level here, at the Trial Court Level and then at the court of appeals level. Even though the Supreme Court will look at these issues of law with fresh eyes, in all likelihood, if you were to be betting, you would be betting against the president. And the issues are twofold. At least in the first two cases. Congress and congressional committees have issued subpoenas to the president s bank and also to his Accounting Firm. Now, the president is arguing that, look, the congress has this broad power to investigate, but its limited in that it cant perform Law Enforcement functions. And even if it was not performing a Law Enforcement function, asking for these records is just not related to my possible legislative purpose. The challenge for the president is that the bar is extraordinarily low. As long as congress can articulate some legislative purpose, not only could it investigate in a sort of criminal matter, it has done so many, many times in the past. Now, in this case, ultimately the Supreme Court is going to have to decide whether or not the president is somehow magically commu magically immune from congresss otherwise very broad investigative power. Could a decision like this, danny, change the game for president s in the future who would eventually have to disclose their financial records before coming into the white house . Yes. It absolutely could. Because as long as congress feels it has some rationale investigative purpose, it can start issuing subpoena wes even if not directly to the president , but to those companies around him that handle his finances, his banks, his acting firms, and thats one of the keys here is that the Accounting Firm and the bank cant claim, hey, were part of the presidency, were part of the executive branch, we have that bubble of immunity. When the branches dispute with each other, when you have the president going up against congress, then you have an issue where you have interbranch disputes. I bet this president is going to be watching this decision come down very closely. Danny cevallos, my friend, thank you as always. Great to see ow this tuesday morning. Still ahead, joe bidens campaign is using President Trumps own words against him. Were going to take a look at his new digital ad, slamming the president for his response to the coronavirus outbreak. 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It is the basis of a new digital ad targeting battleground states. The almost threeminute attack ad entitled timeline, does not mention former Vice President joe bidens name even once. Instead, it focuses the attention solely on the words and actions of the president and his administration. Donald trump doesnt understand. We have an economic crisis because we have a Public Health crisis. And we have a Public Health crisis because he refused to action. Donald trump didnt build a great economy. His failure to lead destroyed one. So the ad will run statewide in places like pennsylvania, wisconsin, North Carolina and arizona, as well. Meanwhile, the biden camp announcing monday that it had raised 60. 5 million in april as the pandemic took hold of the country. President trump narrowly outraised former Vice President with 61. 7 million. The trump campaigned called the ads premise abdomen surdz and factually inaccurate, attempt to be relevant by joe biden and said the president has been focused on protecting American Safety and the economy as well. With that, lets take a turn and bring in nbc meteorologist bill karins. Bill, good morning to you. Good to see you on this tuesday morning. How are we looking today . Were going to get complaints. Its been so cold in areas of the northeast that were going to go straight from winter and jump to summer. We have another morning that is very frigid. 72 Million People under freeze or frost advisories. Usually its a day like this, but this is going on four to five days. Temperatures right now in the lower 30s in northern michigan. Were at