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>> how does that usually play out if there is the kind of advice to the lower courts? >> that is the supreme court's job, frankly. to give the lower court guidance on not just this case, how some of the main turnout, but on what they should do when she tried to fuse come in front of them. there is a case working its way through the courts in another circuit involving whether or not it is constitutional to prohibit drug users from possessing guns. the question is, what does the court mean in reference to tradition? of course, we have just heard an oral arguments today raising the question of whose history, who's tradition? ultimately pointing out that the standard is inherently and un-workable one. e it means that our history, our past, determines our present and our future. that is simply on workable in a case when the time of the founding. the founding fathers were thinking about muskets when i looked at the second amendment. they had the healthy lifestyle. and whether orare sufficient to protect us within the modern society. >> joyce, the father of the suspect, in the highland park case, and too young to get a gun. now, he is going to face 60 days. what about the question of parental responsibility, but you are talking about a minor, or independent, who has been around since probably the first mass shooting that we remember, that goes back to columbine.. >> on a very limited circumstance. upon is the parents knowledge that their child was dangerous. more specifically than that, that the child had made threats or had ideation of using firearms to kill people. that is the common thread between the michigan case in this case here. i think it is a very limited situation where we will see parents held accountable. they failed in the duty to the community in others, the prosecutors will increasingly take a look at these cases. >> thank you so much, for. that he'll be back with me in just a bit. meantime we want to tell you about a particularly interesting and compelling case right now. the election situation right now. a mother who lost her daughter in the uvalde school shooting last years running to be that cities next mayor. her name is kimberly mata-rubio. she launched her campaign in honor of her daughter lexi who was killed in rob elementary school at the age of ten, along with 18 other students and -- since the tragedy, she has emerged as a fierce advocate for we let you know how that goes and the special counsel who negotiated a ill-fated plea deal with hunter biden is on capitol hill. he is explaining his investigator behind closed doors. david weiss made it clear he never blocked from pursuing charges. saying he agreed to testify to address misunderstandings about the scope of his authority to decide where when and whether to bring charges in this matter. during a break from the hearing, democratic congressman dan goldman suggested that republicans chose to hear this hearing out of the eye is evidence of an ulterior motive. >> they want to cherry pick few things, pull them out of context and mislead the american people. they know that they are going down a rabbit hole where there is no merit to. it that is exactly the case if they make the case that somehow some way there was interference from the biden ministration in this investigation. >> and another major development, nbc reports that house republicans leading the impeachment inquiry into president biden tried to subpoena both the president son and his brother james as soon as this week. michael schmidt is our washington correspondent new york times and msnbc national security contributor. this marks the -- first time special counsel has answered questions from investigators in the middle of investigation. does it tell us anything about the way this investigation has, essentially, become a major lightning rod on the capitol hill? >> when investigators are doing their work to usually don't talk. what happens here is there have been so many accusations against why made by investigators who worked on the case. and republicans in the house who -- apparently feel that it was so in need of correcting the record that he went ahead and testified. from all appearances from our reporting what whites have said in his opening statement is he went up there and spilled the beans about everything that i've gone on behind closed doors. he even said in a statement that he put out some day there will be a record a special counsel's report that will address the innards of this investigation. what he did do is there has been no interference in my work. i have been able to do the work than i need to do here. that has been the biggest question of this investigation. we have the justice department run by someone, appointed by the president, doing investigation into the president son. and investigation that republicans have long hoped would take down the entire biden family. the investigation has not yielded that. it has yielded false smaller issues. issues of hunter biden's taxes. his purchase of a gun on whether he lied about it. the investigation has let that republicans down. as the investigation let them down they turned their ire, with the use of these irs agents who worked on the case we came forward to cooperate with them, really went after them -- and the integrity of the investigation. themtoday, he was trying to sete record straight. >> you can hear the frustration when you listen to some of the republicans. they were unhappy that weiss wasn't providing the answers that they wanted. i wanted to play just a little bit from matt gaetz. >> we are concerned that those decisions were made correctly in order to protect the biden family. they were unable to get any substance regarding those discussions or deliberations it is a real roadblock for us. >> why's centrally said, no interference. where did this go from here? is there any clear path? >> it is unclear. you had these investigators on the case who came forward to make these allegations. weiss appears to be setting them. to be pushing back on them in a pretty forceful way. a u.s. attorney testifying, special counsel testifying that is a pretty severe thing. you don't see a lot of. a you don't gets lost in a lot of this is -- why's is actually appointed by trump. he is a trump appointee. he was there during the trump administration. merrick garland kept him on as a knock off version of a special counselor. i will keep this trump u.s. attorney on to finish this investigation into hunter biden. it looks like he was a way to try to put some distance from the winds that would be blowing from having a justice department being run by biden appointees. in the end, the sub, or weisman to garland and said, i need to become special counsel to finish this investigation. that is where we find ourselves now. hunter biden indicted on a gun charge. the republicans making these allegations that this is a corrupt investigation. deeply disappointed that they didn't take down the government. >> that is an incredibly important bit of contact. as usual, michael schmidt, thank you so much for coming on the show. we appreciate. it an hour from now senate republicans will hold a special conference meeting. they're gonna try to find a way to stop senator tommy tuberville's ten month long hold on military promotion. tuberville actually requested that meeting signaling he might be open to a solution for the first time as he tries to avoid having a group of republicans joined democrats in an effort to bypass them. tuberville has held up more than 350 high-level military promotions in opposition to the pentagon's abortion policy. still ahead, how election day is going in one virginia county. poll workers quit in droves over 2020 conspiracy theories. the morning that may give us for next year's presidential election. stay with us. ay with us ♪tell me why♪ because it stinks. ♪have you tried downy rinse and refresh♪ it helps remove odors 3x better than detergent alone. it worked guys! ♪yeahhhh♪ downy rinse and refresh. my mental health was much better. but i struggled with uncontrollable movements called td, tardive dyskinesia. td can be caused by some mental health meds. and it's unlikely to improve without treatment. i felt like my movements were in the spotlight. #1-prescribed ingrezza is the only td treatment for adults that's always one pill, once daily. ingrezza 80 mg is proven to reduce td movements in 7 out of 10 people. people taking ingrezza can stay on most mental health meds. ingrezza can cause depression, suicidal thoughts, or actions in patients with huntington's disease. pay close attention to and call your doctor if you become depressed, have sudden changes in mood, behaviors, feelings, or have thoughts of suicide. don't take ingrezza if you're allergic to its ingredients. ingrezza may cause serious side effects, including angioedema, potential heart rhythm problems, and abnormal movements. report fevers, stiff muscles, or problems thinking as these may be life threatening. sleepiness is the most common side effect. it's nice. people focus more on me. ask your doctor about #1 prescribed, once-daily ingrezza. ♪ ingrezza ♪ if we want a more viable future for our kids, we need to find more sustainable ways of doing things. america's plastic makers are investing billions of dollars in new technologies and creating plastic products that are more recyclable. durable. and dependable. our goal is a cleaner, healthier planet for generations to come. for a better tomorrow, we're focused on making plastics better today. have fun, sis! ♪♪ can't stop adding stuff to your cart? 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>> as you know, ivanka trump is no longer a defendant to the case. she was an officer, an executive vice president of the trump organization during some of the years that are at issue for the remaining defendants. that means, as an employee, they want to know about things that she did which is the imputed to the trump corporation and it's and in these themselves. she's not just there to tell them what she witnessed other people doing but to talk about her own activities and involvements in things like the loans of the trump organization, the old post office property where trump famously built the trump international hotel in d.c.. she's there to talk about her relationship with deutsche bank which she was instrumental in forming. the trump family would have no relationship with deutsche bank but for jared and ivanka. i wonder what you are expecting to see. we have seen ivanka at least in small ways separate herself from her dad, from the family before, most notably when she said she believed to bill barr when he said very forcefully 2020 was not election fraud riddled. what are you looking for? >> right, chris. it's interesting that we don't know what the attorney general, what testimony she hopes to elicit from ivanka. ivanka trump wasn't deposed in this case. no one is very clear on what she might say. lawyers do not like to ask questions. laetitia james has been meticulous in her conduct of this case. it seems very likely that there is an important piece of evidence or perhaps more evidence along the lines lisa has been discussing that they believe they can elicit from her testimony. it is worth a risk of whatever unknowns she might come up with. something important to keep in mind is that the judge has already entered judgment in favor of the attorney general on the fraud claims. what form of discouragement will they have to engage in for their ill gotten profits? i think we can expect to see some surprises from ivanka on the witness stand. it's just tough to predict what their nature will be. >> which brings us to the defense case, lisa. donald trump said in court, we have very big anchors and other experts who are going to testify. what do we know about their witness list? >> so, i have the list in front of me. it has 127 people on it. >> what? >> with 128th included on the plaintiffs witness list who is not otherwise here. >> how long would that take? >> they are obviously -- >> it would take weeks and weeks and weeks. yesterday was day 24 of the trial. if you think about one trial date for witness, which is the pace we have been going at thus far, you can imagine how long it would take to get to all of these. donald trump is it wrong, however. there are people on this list who are involved in making relationships on the bank side with the trump organization. there are people who are involved on the insurance side and there are a whole boatload of expert witnesses here. people who are experts in financial accounting standards and the preparation and use of witness statements, people who are involved in the commercial real estate lending process. i think what he's trying to get out of that is that what the trumps did here may have been made contrary to the contractual language they had with various parties. it was within the custom and practice of what people do in the real estate industry and what people do in preparing financial statements in closely held, meaning a private company. >> just custom and practice, joyce, remove you from having any liability in a civil case like this? >> for one thing, there is a big assumption being made here, which is that these quote unquote expert witnesses will actually support trump's assessment of what he, in fact, did. lisa has been into the courtroom for all of this. i will defer to her expert opinion whether what donald trump offers out of court will actually take place in court and what -- how that has worked out for him so far. the reality is that we have a financial system which is built on the reliability of documents. when you submit loan applications or financial statements that banks are going to use to determine whether or not to lonely money, you are obligated under our laws to be truthful and honest and forthcoming. sometimes, people make inadvertent mistakes. the judge has already ruled that this was not an inadvertent mistake. it was willful and deliberate fraud. these witnesses, this lengthy list that the defense has of people they may call, not that they will call, it will be interesting to see whether these people are willing to align themselves with some of these shoddy business practices which have already been determined to run afoul of new york law. >> so, you were in the court virtually every day. we only have a minute left. you were talking to me over the break about how egregious, how unusual, to say the least, donald trump's behavior has been. the whole atmosphere, right, that a number of court appearances for him has been a little circus like. some people might say that. how closely do you think other judges might be watching this? the washington post voted this way -- part of what trump accomplished was setting the tone for other cases, including criminal ones, nothing will come easy when you go after trump. >> i think he is trying to -- what i will say is that, in my experience as a litigator, federal courts are intolerant of this kind of behavior, so as much latitude as judge arthur and giron has given trump, i don't expect he will get it from tanya chutkan or aileen cannon. it's difficult to overstate how upset former president trump was, what we see in the hallway, press conferences, for example, it's just a minor example of how escalated his tone got yesterday inside of the courtroom. i think he is not going to get away with that in a federal court. >> wow, lisa rubin, joyce vance, thank you both so much. many more conversations to come about this. israeli prime minister benjamin netanyahu hinted at what a postwar gaza might look like. his comments as troops from -- prepare to enter a key city next. prepartoe enter a key cit next footlong at subway. like the new deli heroes. buy one footlong in the app, get one free. it's a pretty big deal. kinda like me. order in the subway app today. are you silently suffering from bladder or bowel leaks? 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[dog barks] no it's just a bunny! only pay for what you need. ♪liberty. liberty. liberty. liberty.♪ >> in a new interview, israeli prime minister benjamin netanyahu not only dismissed growing international calls for a cease-fire in gaza -- he says it's not happening unless all 240 hostages are released. he also said that israel will still be in gaza after the war ends. >> i think israel will foreign indefinite period have the overall security responsibility. we have seen what happens when we don't have it. when we don't have that security responsibility, we have the eruption of hamas terror on a scale that we could not imagine. >> joining us now is aaron david miller, senior fellow at the carnegie endowment for international peace and a former arab-israeli negotiator at the state department. thank you for being here. israel has made it clear it doesn't plan an occupation of gaza, but what does netanyahu's comment point to? could it be some military presence extended on the gaza strip? >> first of all, thank you for having me. that's exactly what it means. i don't think the israelis intend to -- were in the middle of a ground campaign and it is unclear exactly what the results will be. i think the israelis simply are acknowledging reality since the odds of anyone else, the u.n., the palestinian authority, any arab state, a multinational force is very unlikely to want to put itself in the middle of the death and destruction represented in the large part by israeli strikes in an effort to destroy hamas as a military organization. the israelis will be -- maybe they will create a buffer zone in northern gaza. i think they will establish overall security which is going to be a very problematic in the event that they don't completely eliminate hamas and you get resistance of insurgency. >> as you know, there are plenty of people who suggest that it is impossible to eradicate hamas. i thought this was an important part of where we are right now. israel's operational clock in gaza and the world and the u.s. political clout are increasingly out of sync. the first is taking down in months, the second in weeks. worse still, both israel and the u.s. are drifting with little sense of an outcome for postconflict gaza and, in fact, when he spoke about taking responsibility for security, benjamin netanyahu didn't give any details. is there any way to push for the u.s. or anyone else to push israel to lay out both a clear plan and a timetable? >> i don't think so. i think the israelis are working on this. i heard david petraeus say today that he suggests that there is a working group at senior levels of the israeli government. so much of it is tied to the uncertainty of the outcome. it's not measured in terms of weeks. we really need to stop talking about a day after. we're not talking about a day after, some sort of need transition between concept and no concept. we're talking about weeks, months, and i would argue even longer in terms of trying to envision how gaza will settle. who is going to deal with the 2.3 million humans, half of whom are displaced with almost no prospects of infrastructure and returning to their homes? who is going to take care of the immediate humanitarian needs? i don't think the israelis have that in mind. they are hoping, i suspect, that the u.n. will come in with some other agency to provide services and demand a key role in security. >> who will pay the price for all of that? aaron david miller, who will pay for it? thank you so much. it's good to have you on the program. why king charles had to deliver a speech today at odds with his own beliefs. own beliefs. hi, i'm todd. i'm a veteran of 23 years. i served three overseas tours. i love to give back to the community. i offer what i can when i can. i started noticing my memory was slipping. i saw a prevagen commercial and i did some research on it. i started taking prevagen about three years ago. i feel clearer in my thoughts, my memory has improved and generally just more on point. prevagen. at stores everywhere without a prescription. have fun, sis! ♪♪ can't stop adding stuff to your cart? get the bank of america customized cash rewards card, choose the online shopping category and earn 3% cash back. i think i'm ready for this. choose the online shopping category heck ya! with e*trade you're ready for anything. marriage. kids. college. kids moving back in after college. ♪ here's to getting financially ready for anything! and here's to being single and ready to mingle. who's ready to cha-cha?! honey... honey... nyquil severe honey. powerful cold and flu relief with a dreamy honey taste. nyquil honey, the nighttime, sniffing, sneezing, couging, aching, fever, honey-licious, best sleep with a cold, medicine. right now get a free footlong at subway. like the new deli heroes. buy one footlong in the app, get one free. it's a pretty big deal. kinda like me. order in the subway app today. remember the things you loved... ...before asthma got in the way? 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