i'm going to allow an opportunity for every single member of the house to vote their conscience and will on this. i'm willing to take personal risk for that because we have to do the right thing and history will judge us. i do not spend time walking around thinking about the motion to vacate. i have a job to do here and i'm going to do the job. regardless of personal consequences, that's what we're supposed to do. >> speaker mike johnson pushing forward with a series of aid bills despite push back in his party. the question is how much will he need to lean on democrats to get that funding passed? >> plus the senate dismisses articles of impeachment against homeland security secretary alejandro mayorkas. and what to expect today when jury selection picks up again in former president trump's hush money trial. good morning and welcome to "way too early" on this thursday, april 18th. i'm ali vitali in for jonathan lemire. and we begin this morning on capitol hill where house speaker mike johnson is digging in on his foreign aid package despite the threats to his job if he moves forward with it. one is roughly $61 billion for ukraine, another provides $26 billion for israel, and the third $8 billion for indo-pacific allies. the fight heads to the rules committee where johnson needs republicans to support the bills. democrats for their part appear inclined to approve the package that after president biden gave his full support yesterday. and despite all the threats from his colleagues, johnson is pushing forward. >> going to stand for freedom and make sure that vladimir putin doesn't march through europe. we're an exceptional nation. we're the greatest nation on the planet and we have to act like it. and we have to project to putin and xi and iran and north korea and anyone else we'll defend freedom. it doesn't mean boots on the ground. we're not the world's policeman but we have to do the right thing. >> are you going to have to rely on democrats to pass the rule in order to bring these bills to the floor? and also the legislation itself? >> well, i hope not. i hope that our republican colleagues will stand together, stick together on this. i think we understand, look, i'm a child of the '80s. i understand the concept of maintaining peace through strengthen. that's one of our guiding principles. it's a really important philosophy. i think here is an opportunity to make that stand at a really critical time in world history. >> and the person leading the charge to remove house speaker mike johnson is offering a few wild amendments to these bills. that's congresswoman marjorie taylor greene of georgia who introduced two amendments yesterday. the first would fund space technology on the southwest border. insecond would allow any congressional member who supports the bill to be required to enlist in the ukrainian military. a congressman posted on social media, quote, just submitted amendment to bill drafting appointing mtg as putin's special envoy to the united states congress. being very serious about this very serious stuff i see. joining us now congressional reporter for the hill. the way this package is forward, looking this morning and for people who don't realize how embarrassing it would be for rules not to pass along a party line, explain why that's actually like a really bad thing for republicans here? >> yeah, it used today be a rarity. we're seeing more often now this congress as a way republicans are expressing their displeasure with leadership. republicans have a majority of the house by a very small margin. two seats right now. democrats hold all the cards in this situation. as you mention we get into this conversation about rules and procedural votes, really nerdy for 5:00 a.m., but we're going to get into it. essentially republicans are vowing to vote against the rule both in the rules committee and on the house floor. and if republicans vote against the rule and that rule tanks, then congress can't move forward with these pieces of legislation, mike johnson is stuck. essentially democrats are going to swoop in and save the rule in the committee and house floor allowing this legislation to move forward. as you mentioned it's extremely rare. and the reason why we expect democrats to do this, president biden has already blessed this package. democrats have been very adamant. >> basically it's the supplemental package democrats want all along. all the totals for ukraine, indo-pacific, all those totals are in there, i think it's really striking. thank you for explaining the importance of the rule. i have talked to some democrats including pramila jayapal from yesterday who said i think it's important to talk not about saving the rule but on saving the speaker himself. "a," do you think it's going to come to that? and "b," what do democrats get out of this? >> yes, so next question what happens next based on the government funding fiasco and then there was fisa, this warrant list funding and then ukraine aid. i've talked to republicans who say that's potentially three strikes, and essentially you're out for mike johnson. potentially congresswoman marjory taylor greene dangling that to vacate. the big question is will congressman greene bring it to the floor to vote on this? i spoke to her yesterday and she said it's a matter of if or when. she didn't give a straightwer. i think the dynamics of washington changed when former president trump gave his endorsement to speaker johnson standing beside him and saying i side with the speaker, so the big question now is, "a," will marjorie bring the motion, and will democrats back it? i think that's likely a possibility if we get to the situation. we've spoken to a number of democrats in recent weeks who said if we put ukraine on the floor and it's palatable for us, we will pass it. this package like you mention is the senate bill. so i think if we came to a motion to vacate, democrats would save him. that's an untenable position. >> you don't want to be a republican speaker there at the behest of democrats although as i've talk today some republicans yesterday they say isn't the house supposed to be reflective of the country, and isn't the country wanting more bipartisanship? i guess in theory. we'll see if they vote that way. but i appreciate you being here this early to break it all down and explaining the rule and giving the house procedure the respect that it deserves. and look, it's worth noting as speaker johnson fights to keep his position in leadership? gop lawmakers who push to oust the guy, who had his job before, kevin mccarthy, they're now being targeted with an onslaught of ads. we reported on this yesterday that it's looking like the early stages of a revenge tour. however directly or indirectly mccarthy himself is in it. but as one source familiar with the efforts has promised me this is just the beginning, so stay tuned. meanwhile twrsh the republican effort to impeach homeland security secretary alejandro mayorkas is over. the trial lasted just a few hours with senate democrats voting to dismiss the two articles of impeachment delivered by house republicans yesterday, that after a months long delay. democrats delaired both articles unconstitutional adding both articles against secretary mayorkas did not rise to the level of high crimes or misdemeanors necessary for impeachment. they then voted to end the trial for good. senate minority leader mitch mcconnell blasted democrats for not holding the trial saying it set an unfortunate precedent. >> it means that the senate can ignore, in effect, the house's impeachment. it doesn't make any difference whether our friends on the other side thought he should have been impeached or not. he was. and by doing what we just did, we have, in effect, ignored the directions of the house, which were to have a trial. no evidence, no procedure today. it's not a proud day in the history of the senate. >> majority leader chuck schumer hit back calling the impeachment a gross abuse by the house and insisting it would set a dangerous precedent to go forward with the trial. >> we felt very strongly that we had to set a precedent that impeachment should never be used to settle policy disagreements. if we allowed that to happen, it would set a disastrous precedent for congress, could throw our system of checks and balances into cycles of chaos. any time the house would want to just shut the senate down, they could send over another impeachment resolution and could create frivolous -- frivolous impeachment trial after impeachment trial. >> meanwhile, back to the house side of the bill, a shouting match broke out during a house oversight committee hearing yesterday when chairman james comer and ranking member jamie raskin got into an argument about the republican led effort to impeach president biden. look at that. >> what business were the bidens in? what business did joe biden's family own? what business were they in? did they have hotels? do they have a social media company? do they have golf courses? do they have casinos? what business -- >> mr. chairman, we've spent teps of millions of dollars of you pursuing joe biden and you've not identified a crime. >> you are lying. that's a lie. we have not spent $10 million. >> how much have you spent? >> we haven't spent hardly anything. >> it's been for free, okay. well, in any event -- you know what, you get what you paid for because you got nothing. you got nothing on joe biden. you've not named an actual crime. >> what did the bidens do? what business were they in? >> can i answer that? >> no, what did the bidens do? what business were they in? >> we'll let the record show raskins could not answer the question. >> let me start with this my last name is raskin. we've sat with each other for more than a year, you don't have to add the "s." you've not identified a single crime. well, what is the crime you want to impeach joe biden for and keep this nonsense going? why? what is the crime? tell america right now. >> you're about to find out. >> what is the crime? >> you're about to find out. >> man, i can't wait to get back to the hill later today. still ahead the latest on the fight over abortion rights in arizona as republicans in the state once again block an effort to repeal a ban dating back to the civil war. plus, despite his past criticisms of donald trump, former attorney general bill barr now appears to be effectively endorsing him. those stories and a check on sports and the weather right when we come back. check on sports and the weather right when we come back. i don't want you to move. i'm gonna miss you so much. you realize we'll have internet waiting for us at the new place, right? oh, we know. we just like making a scene. transferring your services has never been easier. get connected on the day of your move with the xfinity app. can i sleep over at your new place? can katie sleep over tonight? sure, honey! this generation is so dramatic! move with xfinity. for the second time in two weeks republicans in arizona's state legislature have rejected an attempt to repeal a near total abortion ban from 1864. that was initially upheld by the battleground state's supreme court. just two republicans joined every democrat in the house chamber on the vote to repeal the civil war era ban, but the fight's not over. additional action on the repeal could come in the next few weeks. meanwhile democrats in the statehouse blasted their gop colleagues. >> the message for today is clear, arizona republicans voted not once but twice to uphold the draconian 1864 abortion ban that includes absolutely no exceptions for rape and no exceptions for incest. our voices may not have been heard today, but let us be clear, we will be heard in november. >> house republicans later voted to adjourn until next week, leaving the path for a repeal bill unclear, but remember this will be on the ballot come november in arizona as well. meanwhile, another about face from a trump ally turned critic now i guess turned ally again despite previously warning that a second trump term would be, quote, chaos and a, quote, horror show former attorney general bill barr now says he plans to vote for trump in november. in a fox news interview yesterday barr was asked about this year's general election choices. here's what he had to say yesterday along with some of his criticism from trump just last year. >> given two bad choices i think it's my duty to pick the person i think would do the least harm to the country and in my mind i will support the republican ticket. i think the real danger to democracy as i say it the progressive agenda. i said trump may be playing russian roulette, but continuation of the biden administration is national suicide, in my opinion. >> it is a horror show, you know, when he's left to his own devices. and so you may want his policies, but trump will not deliver trump policies. he will deliver chaos. he knew the claims of a stolen election were false, and yet he decided he was going to try to stay in office by subverting that process. there was very grave wrongdoing here. and i think it's reasonable to say that it falls within the obstruction of a proceeding. >> our country can't be a therapy session for, you know, a troubled man like this. he is a constant narcissist. he will always put his own interests and gratifying his own ego ahead of everything else including the country's interests. still ahead we'll turn to sports with the latest action from the nba's play-in tournament as teams fight for the final playoff spots. we'll also break down the details surrounding the lifetime ban for a member of the toronto raptors. plus highlights from major league baseball when "way too early" comes right back. or league baseball when "way too early" comes right back. 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we know that normally he sends about half of his truth social posts on his phone. the others he dictates. i mean he can't do that right now as he's in court, so-so he's got -- >> and the gag order doesn't help. >> and the gag order doesn't -- he seems very cog niz want of that. he's even said it's unfair i have to sit here and watch people on tv talk about me. but he knows he can hit repost, he can hit retweet, the equivalent on truth social, which is retweeting a documentary, a 30-minute documentary that was made about the four prosecutors, you know, criticizing that. i mean it's the same talking points but now you've got people like laura loomer, even elon musk to his 180 million followers on "x" doing that. trump loves that. it's really this shadow messaging at work that's going on that he's really savoring it. >> i mean they're filling the vacuum. it's not just people like laura loomer, elon musk, people in the social media atmosphere who are amplifying this. it's also coming from people on capitol hill, right? >> oh, yeah. he's got more people in the senate. he's got, you know, the byron donalds of the world, elise stefanik -- >> vp aspirations. also has vp aspirations. >> all of these folks on talking points. my reporting tells me they have been with the trump campaign how they can be helpful and they've been told blanket the air waves, do more and more media hits. and those make for sound bites that trump on truth social he hits repost. >> that is the currency within trump world, right, is media amplification and getting people out to all fall in line. even when you see bill barr now saying he's going to vote for the former president again it's very significant. they fall in line and we're watching that right now. national politics reporter for axios, thank you for bringing us that fresh reporting. and fill ahead we'll go live to cnbc for an early look what's driving the day on wall street. >> plus the european union raises concerns over a new service alaunched by tiktok. we'll dig into what officials are saying about the video sharing apps watch and get rewarded program. 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>> no, absolutely, good morning. ali, as you were saying the s&p 500 dropped for a fourth consecutive session yesterday. the nasdaq fell over 1% with chip stocks trading lower after asmn reported some disappointing results. for today on the earnings front we have alaska air and key corp reporting before the bell as well as netflix a little bit later in the day. on the data front you have initial jobless claims and existing home sales also being published today. >> meanwhile, boeing in its ongoing quality issues cost united airlines $200 million in the first quarter. tell us about that. >> it's been a bit of a tough start for the year for united airlines. as you'll remember they had to ground a fleet of 737 max 9 jets after the alaska airlines incident. they said this hit of $200 million for the first quarter. as a result united airlines posted a loss of $124 million in q1, but that was a little bit less than expected, which means the united shares were up 17% yesterday. but the issues at boeing will continue to impact united airlines going forward. they have to curb the aircraft delivery target for the year, then expect to receive only 61 new jets instead of the 101 they hoped for at the beginning of the year. >> finally, we talked about this before the break but the european union has given tiktok 24 hours to provide risk assessment over a new service that it's launched. what's the service and what's going on here? >> yeah, well, this is a new version of the app called tiktok lite that was released earlier in the month in france and spain. so the eu regulators say they are concerned about its potential impact on children and users mental health and also what it calls potential stimulation of addictive behavior, and that's because tiktok lite has a reward program, which means users can earn points by watching videos or sharing content, and then the points can be exchanged for vouchers or gift cards. so now tiktok has 24 hours to provide this risk assessment. >> yeah, it's really fascinating. i think a lot of people just interest in the way that tiktok conducts its business be it new services or the existing one. cnbc's charlotte reed live from london, thanks for joining us. and still ahead western leaders are urging israel to exercise restraint in any response to iran's attack. what prime minister benjamin netanyahu is now saying about that when "way too early" comes right back. aying about that when "way too early" comes right back [coughing] copd hasn't been pretty. it's tough to breathe and tough to keep wondering if this is as good as it gets. but trelegy has shown me that there's still beauty and breath to be had. because with three medicines in one inhaler, trelegy keeps my airways open and prevents future flare-ups. and with one dose a day, trelegy improves lung function so i can breathe more freely all day and night. trelegy won't replace a rescue inhaler for sudden breathing problems. tell your doctor if you have a heart condition or high blood pressure before taking it. do not take trelegy more than prescribed. trelegy may increase your risk of thrush, pneumonia, and osteoporosis. call your doctor if worsened breathing, chest pain, mouth or tongue swelling, problems urinating, vision changes, or eye pain occur. ♪ what a wonderful world ♪ ask your doctor about once-daily trelegy for copd because breathing should be beautiful. my name is oluseyi ask your doctor about once-daily trelegy for copd and some of my favorite moments throughout my life are watching sports with my dad. now, i work at comcast as part of the team that created our ai highlights technology, which uses ai to detect the major plays in a sports game. giving millions of fans, like my dad and me, new ways of catching up on their favorite sport. israely prime minister benjamin netanyahu says his country will make its own decisions over how to respond to iran's attack. netanyahu made the comment after meeting with the foreign ministers of britain and germany yesterday. they along with the u.s. have already been asking israel to show restraint in an effort to avoid a larger conflict. netanyahu, however, says he appreciates the advice but israel will do, quote, whatever is necessary to defend itself. israel's war cabinet has met several times since saturday's attack but no decision has been made yet on how the country will respond. officials say they're considering a range of options. meanwhile, iran's president warned yesterday even the tiniest attack by izrlt would bring a, quote, severe and harsh response. joining us now is congressman jake ocen closs of massachusetts. when you see the way netanyahu is responding to the u.s. asking for restraint, what's your reaction to that? >> israel has a right to respond to this unprecedented attack from iran. the wisest response would be to channel this coalition of western arab-israeli air defense into the same kind of coalition that can help return the hostages and rebuild gaza. what truly threatens iran would be an arab, israel western coalition that provides governance to gaza and that wedges iran from these proxy terror forces not just hamas but hezbollah and syria and iraq as well to create really a pan-arab coalition that isolates the ayatollah. that would be revenge circled. >> yeah, i think you do the right thing in lumping together all these different factions because really this region right now does feel like a tinderbox, and i think it's partly why we're seeing this ramp up on the congressional front to push through this foreign aid package that kind of has been languishing for several weeks since the senate sent the supplemental over. i wonder if we can talk a bit about the dynamics of this, but do you support the rule that governs these bills first to give the house procedure its due here? in order to get onto this bill you've got to vote for the rule, would you do that? >> i'm going to do what's necessary to get this legislation onto the floor and we're going to have a conversation as a caucus to get to the floor. the critical thing we support our allies overseas, ukraine, israel, taiwan, humanitarian aid. for two months now this has been languishing in the hois. and while it's been languishing israel has been fighting for its existence. speaker johnson meanwhile has been focused on sending impeachment articles to the senate. so he has a responsibility to put country over party. if he does put country over party democrats are going to make sure the pollacks stops at the water's edge. >> it sounds like that's what he's doing now. he does sound like a different member of congress as a speaker as he did just as a member. >> for the last two months i've been meeting with ambassadors from europe and the indo-pacific, from of course ukraine, israel and taiwan. and what they want to know is not what the united states sounds like. they want to know what the united states is going to do. when i see what's speaker johnson is going to do, we'll see how the respond. >> the fourth is filled with different priorities some of which you like on the tiktok front, others not so much, right? >> i'm adamantly in support of measures and you're right this fourth bill is a little bit of a catch all from tiktok and maybe some immigration proposals and different ways to get economic aid to ukraine. i support border security measures. i supported the bipartisan border security deal in the senate. i want to see tough policies that are fair, that ensure we have rule of law at the border. i think we have to ensure that the most influential media platform in the world responds to congress, not to xi shingpening. but i need to look at the language carefully because i would say that trust is at a premium these days in -- on the house floor. >> trust is at a premium, and i take that as point, but when grow say democrats will take politics out of this if johnson does the right thing, i talked to fellow democrats of yours who say we're going to get what looks like a vote on the foreign aid, they would be happy to step in and help defeat any kind of motion to vacate johnson could face. are you one of those? >> i am absolutely going to ensure speaker johnson is not punished for doing the right thing. i'm hesitant to negotiate through the media on these issues because the right way for this to proceed is for the leader of the democratic party in the house, hakeem jeffries, to work with speaker johnson. and if democrats stay unified to give him the maximum leverage to ensure that democratic majorities are being negotiated. >> basically when i talked to congresswoman pramila jayapal she said we can't do something for nothing. >> it's such a testament to how far the gop has ronald reagan, if he could hear this, would be turning in his grave. this is something we have to extract from the house republicans. but that is a big part of the something. i think we also need to see that speaker johnson is committed to competent governance going forward. the american people are exhausted by the last 18 months of what has been chaos and dysfunction in the house chamber. they deserve stability. >> yeah. >> democrats want to make sure we can actually govern for the next six months. >> sounds like we'll at least see a vote by saturday, so thanks for spending part of your weekend in washington and part of your morning with us, congressman. thank you. up next, donald trump returns to court later this morning for his criminal hush money trial. we'll break down what to expect when the process resumes. on "morning joe," the latest from capitol hill as speaker mike johnson pushes ahead with the foreign aid funding deal we were just talking about. all that despite growing threats to remove him from leadership. plus, president biden scores a major endorsement from the family of robert f. kennedy. kerry kennedy will join the conversation. also, actress lily gladstone will be in the studio to look at her crime series, "under the bridge." 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[both] we'll screen with cologuard and do it my way. cologuard is a one-of-a-kind way to screen for colon cancer that's effective and non-invasive. it's for people 45+ at average risk, not high risk. false positive and negative results may occur. ask your provider for me, cologuard. in just hours, jury selection in the donald trump hush money criminal trial faces a pivotal and potential final stretch as day three of the process gets under way in a new york city courtroom. court was off today, so today's session picks up after seven jurors were seated tuesday. five more jurors and six alternates must now be chosen. ahead of today's session, donald trump went on a tirade about jury selection yesterday, seemingly misunderstanding the rules for dismissing or striking potential candidates. trump writing, quote, i thought strikes were supposed to be unlimited when we were picking our jury? i was then told we only had ten, not nearly enough when we were purposely given the second worst venue in the country. under new york law, each side has an unlimited number for strikes for cause, but the judge presiding over the case, juan merchan, can decide whether or not the cause is worthy of a strike. because trump is charged with a class e felony, a lower level felony, he and prosecutors are entitled to ten preemptory challenges each for potential jurors they can dismiss. joining us to break it on down further is former deputy chief of the criminal division for the southern division of new kri kristy greenberg. what will you expect when the process resumes? have there been surprises so far? >> thereting to see donald trump complaining because, so far, several jurors have said positive things about donald trump. one said he was fascinating and mysterious and made things interesting. another juror said, look, he's just stirring the pot. he speaks his mind, and you can't blame him or judge him for speaking his mind. these are fairly positive statements about donald trump. others were more neutral. i'm not sure why he's complaining, but he always has something to complain about. before we even start, i expect the judge will take up the fact that he is clearly violating his gag order by talking about the juror selection process. it is a plain violation of the gag order. he's not allowed to make or direct others to make statements about jurors or prospective jurors under the order. >> isn't that part and parcel to them being delayed to get to the trial? as long as we're talking about the juror stuff, we're not talking about the actual case, right? >> right. i don't expect there to be a lot of back and forth on this. it'll be one of the first items taken up by the court, but there's going to be due process. you're going to have both sides have to brief this, but i do think that the judge is going to tell him to knock it off. i do think the judge will also tell him, take down the post while this is briefed, so he can issue a decision. and i expect you'll see sanctions. >> the other thing you've been saying, too, is the judge and prosecutors are openly talking about jail in this case, but if convicted, that are the chances the former president is actually sentenced to time behind bars? >> i think the fact that the judge is talking about it is significant. the fact that there was one juror who said in a social media post in 2017 that he should be locked up, when judge merchan saw the post he said, look, the potential jail sentence here, there is a potential jail sentence here. i can't seat this juror. he's not saying, hey, jail is off the table here. he's not saying, oh, given what the crimes are, you know, this isn't something that is possible, like, it's very much possible. i think it is definitely something that trump should be worried about. >> look, we've watched the judge in this case be so careful around things like that, it makes sense that that would be something we point out here. before we get to talking about jail time, you have to unanimously convince this jury about trump's guilt beyond a reasonable doubt. why might that be hard? >> well, again, right now, we have seven jurors so far. out of those jurors, you have several who, like i said, have said some positive things about him. you have two lawyers on the jury. typically, if you're a prosecutor, you like to keep lawyers off the jury. they tend to be influential, people who can be leaders. one of the civil litigators on the jury said things to the effect of, you know, he has no opinion whatsoever about donald trump's character, which i thought was interesting. most people have an opinion about donald trump's character. >> not yet met a person. >> yeah, if you've been following the news and aware of his lawsuits, as this litigator said, and litigators tend to have strong opinions. that was interesting. this is somebody who, knowing everything we know about trump, can't form an opinion on his character? you know, they may have their work cut out for them getting to a unanimous verdict of guilt beyond a reasonable doubt. >> in reading the transcripts from our court reporters about how this is going, there are a lot of new yorkers who are potential jurors on the trial and provide a lot of entertainment. the question i have in the last minute or so we have is how this trial and its verdict could impact the slate of other trials that have yet to have dates set but certainly could happen in this calendar year. >> so one interesting thing that is going to come up, should donald trump testify, which seems unlikely unless he is going to go forward and cause chaos, but, you know, assuming if he were, the prosecutors have made a motion that various other lawsuits, verdicts in other lawsuits, should come up. he can be cross-examined about these other lawsuits, other liabilities. e. jean carroll, the civil fraud case, all of those will come back, and he will be forced to reckon with those if he testifies. as to the other lawsuits going forward, certainly any sentence