investigative actions taken against donald trump, it is the government's most audacious move, the fbi search of his florida home in the summer of 2022. >> inside the unprecedented fbi search at donald trump's mar-a- lago home, new details after the fbi executed a search warrant at his florida result the former president said that crack to save. nbc news reporting the search was tied to classified material, donald trump allegedly took from the white house when he left in 2021. the former president claiming that the fbi broke into his safe and called the search unannounced. >> that was nearly 2 years ago and the american people still do not know why donald trump took hundreds of classified documents with him after he left the white house. he stored them in unsecured areas throughout his florida property and in bathrooms and on top of stages. the public does not know why donald trump was so desperate to hold onto classified materials with sensitive information. the indictment alleged that some contained nuclear secrets. other information regarding the defense and weapons capabilities of the united states and foreign countries. why would donald trump, after serving as president, need those state secrets and what was he going to do with them? why did he have his aides deliberately move boxes containing those documents to hide the evidence and keep them away from federal prosecutors seeking to retrieve them? by the end of 2022, after the fbi search, the washington post indicated that special counsel jack smith surmised that the motivation to illegally withhold those state secrets about u.s. defense capabilities and nuclear programs, his motivation was not money but ego. they pointed to the idea he wanted the materials as trophies last summer, nbc update audiotape of one of the incidents mentioned in the indictment. it showed donald trump admitting to a crime. supporting the idea of ego being the motive. you can hear donald trump bragging to people at his bedminster golf club in new jersey that he still had classified information in his possession after leaving the white house. you can hear him showing those people, who did not have security clearance, those same documents. including a classified pentagon plan about a potential attack on iran. >> all sorts of stuff, pages long. wait a minute, let's see here. isn't that amazing? this totally wins my case. except it is highly confidential. [ laughter ] >> this was done by the military and given to me. i think we can probably, right. >> we will see. >> declassify it, when i was president i could, now i can't. isn't that interesting? so cool. you probably didn't believe me but now you believe me. incredible, right? >> hey, guys, can we get cokes as we look through these classified documents? you hear the shuffling paper. after that audio, federal prosecutors hardened the analysis and a legal filing jack smith said they were confident that they knew why donald trump allegedly retained the documents. specifically they said what donald trump new, what he intended in retaining them, the government will prove at trial. but we are still waiting for that trial, the date was originally this past may, despite both sides of a jack smith and donald trump being willing to go it to trial in july or august, the federal judge overseeing the case, a donald trump nominee named aileen cannon has made that impossible as last month she postponed the trial indefinitely. she appears to be doing everything within our power to slam on the brakes and bring this case to a virtual standstill. letting motions pile up and granting time-consuming hearings on trivial matters. no wonder that, despite the history of donald trump attacking judges in criminal cases, he has never once gone after judge cannon, and done the opposite. >> a very smart judge. i am proud to have appointed her very smart and very strong. loves our country. loves our country. we need judges that love our country so they do the right thing. >> your message was loud and clear, the american public will not find out likely quite a republican from one or refuse to -- republican front runner refused to return say secrets and what he would do with them before they go to the polls this november. if donald trump wins, he cut shut down the case and we may never find out that concern is not a priority for aileen cannon who is intent on wasting time by scheduling bizarre hearings like the one that took place today in ft. pierce, florida where the defense team argued a point difference raised four months ago but somehow jack smith was unconstitutionally appointed as special counsel a desperate legal argument that has been routinely dismissed by other judges in similar circumstances. but aileen cannon thinks it is worth a full day in court and today she grilled government prosecutors about how a closely merrick garland overseas their work. the prosecutor replied he was not authorized to discuss the level of communication before saying, i don't want to make it seem like i'm hiding something. a donald trump lawyer claimed that the existence of a special counsel amounted to a shadow government, she replied, that sounds ominous. what does that mean? the donald trump lawyer did not answer the question, repeated his argument that jack smith was somehow inappropriately appointed. his failure to answer does not matter in the end. judge cannon's decision to give them more time on the clock was in itself another in a series of victories for donald trump the question now, will that winning streak continue? joining me is a lawyer and legal scholar who presented oral arguments in front of judge aileen cannon to date. thank you for being with us on a busy day. you argued in front of judge aileen cannon, that jack smith's appointment was constitutional. your main point you were trying to get across? >> thank you for having me. the main point to get across are that, there are decades of precedent saying jack smith was lawfully appointed. every court to address this issue in similar circumstances at identical circumstances has held that. for judge aileen cannon to entertain this issue, if she will ultimately that jack smith was unconstitutionally appointed, that would be an extraordinary breach and i am confident the 11th circuit and the supreme court would reverse her. >> helped me understand something, people were surprised she allowed outside parties to the case, such as yourself. were you surprised? >> i was. we never intended to try to participate in this extraordinarily uncommon for the clients that i represent to participate in oral arguments, even at the supreme court. when we file the motion to participate, we said we only wanted to do so because she asked the other side to participate. when we file that motion, even the supreme court, only .2% of cases have outside counsel that do not represent the government of the united states. it is uncommon. i think that is an indication that judge aileen cannon was seriously entertaining this issue which had been so quickly rejected by every other court. >> this unusual nature of having outside counsel, a lot of legal experts who thought the hearing today should not have happened. matters like this are often dismissed with out a need for a hearing. what do you say? >> the fact she had a hearing at all, neither here nor there for me, the most important take away from today that may not come through from reading the headlines, judge aileen cannon seemed to reject the argument from president trump . very skeptical of his position. there are some caveats which we can go into but, ultimately, the most important take away from her questions, she has everything she needs, all the materials in hand to swiftly reject the argument by donald trump that jack smith was unconstitutionally appointed and this can move forward quickly. she has all the materials she needs to do so. >> the skepticism was clear but tell me about those caveats. the most significant caveat was a line of questioning you referenced in the introduction that happened at the very conclusion. she probed the special counsel's attorney about the actual level of involvement that merrick garland has and overseeing the case. that is legally irrelevant. the only thing that matters is whether merrick garland has legal authority to control the case and to dismiss special counsel smith if he wants to. but merrick garland, as other attorney generals have, has made a policy decision not to interfere in the day-to-day prosecution, just as he did with hunter biden. it is not relevant whether merrick garland has actually interfered with or had contact with, et cetera, the day-to-day operations of this special counsel's office but aileen cannon asked repeatedly about them . she may want to probe that further. that worries me for two reasons , it is legally irrelevant. second, it could eat up a lot of time and cost more delay. i am hopeful that judge cannon recognizes that, under the law, these programs into the internal workings of the department of justice are inappropriate and unwarranted and irrelevant. >> thank you so much for joining us tonight. let's bring in a former federal prosecutor and msnbc legal analyst. glenn, a new filing from jack smith where he reiterates his support for a gag order in this case after donald trump said that agents were trying to kill him during the mar-a-lago search. there is a hearing on monday. what do you make of it all? >> jack smith is pulling no punches. i briefly went through this new court filing and here is one of the representations of special counsel. he says that donald trump argues that "the first amendment will be eroded unless he, donald trump, is permitted to lie about fbi agents intending to murder him and his family, the law requires no such thing." these are blunt assertions by jack smith. when we reflect back on how we got here, you know, donald trump's lawyers were given a heads up about when the fbi would be executing the search warrant at mar-a-lago and they specifically tied it with donald trump and his family would be out of the state of florida. what did donald trump do with that information? he lied and said the fbi was coming to assassinate him and ready to harm his family. those lies are designed to inspire people for violence against fbi agents which is why jack smith is going scorched earth, trying to get his conditions of release modified to put a stop to this reckless violence inducing rhetoric. >> that is the hearing on monday, let's talk about today. i am trying to square the fact that there did seem to be skepticism from judge aileen cannon on the arguments from team trump, while, she grilled prosecutors about how closely merrick garland monitors the investigation. what does this mean to you? >> it sounded like a political talking point, not a matter of legal significance. it is legally irrelevant. either the special counsel procedures are lawful and appropriate, and they are, as every court has ruled in recent years, or they are not. the first thing i thought of when i saw that she was, i believe, stepping the toe over the separation of powers, lying, by asking legally irrelevant questions that you can see how they may help donald trump paint the picture that some out merrick garland and joe biden are more involved in his prosecution than they should be. this feels like when judge cannon got involved in the special master nonsense which the 11th circuit court of appeals said, judge, you abused your judicial discretion by doing what you did because you had no right to interfere in an ongoing doj investigation, but she did it to the extreme advantage of donald trump. that has echoes of what we heard in the florida courtroom where she probed how much interaction jack smith and merrick garland may be having. >> glenn, you take it in the shadow of the new york times reporting how two separate judges urged her to hand the case off to someone else. you have been making this argument about cannon for a while, no glory in being right. >> i wish she was a fair judge so we can have confidence in the outcome of this judge. when the new york times said two federal court judges, who are her colleagues, in that federal jurisdiction in florida , including the chief judge, who advised her, do not preside over donald trump's case. that judge was appointed by george w. bush donald trump loves to label everybody a angry democrat or a rino, but it is of interest which president appointed which judge , that is at odds with donald trump. >> let end with the question of removal, you have this push and pull tension for jack smith, knowing that, this will delay the case. also, the bar is high for him to clear. >> the disqualification cup runneth over for aileen cannon, her impartiality may reasonably be questioned, the federal standard, requiring a judge to disqualify themselves from the case. i believe, if she continues to refuse to set a trial date, even if, as you mentioned, the defense, the lawyers for donald trump said we can do august 12th. she said no, i am setting no trial date, at what point is enough enough? >> thank you. more coming up, the supreme court turned back one -- antiabortion advocates have another weapon ready to fire, an explanation and a warning is coming up. knew reporting about the latest campaign moves by donald trump is next. ♪ limu emu... ♪ and doug. 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presidential campaign trail as nbc news reported that donald trump has narrowed his vice president as well as to two or possibly three candidates. reporting indicated he was focused on four potential running mates, the north dakota governor, ohio senator jd vance , florida senator marco rubio, south carolina senator tim scott. despite a groveling performance, it is suggested tim scott is no longer a top contender. marco rubio is a contingent but doubt about his enthusiasm for the job and concerns about navigating a constitutional hangup that would require donald trump or marco rubio to establish residency in another state, ways to jeopardize his chances jonathan allen is joining us. before we get into all the back-and-forth and the great reporting you have done, i want to start by reminding us that none of this is normal. even though we are talking about a veepstakes, this is not normal because nobody is been chosen to check his tendencies but being chosen because they are signing up for mike letting him run free. >> certainly, this is an unusual process typically what you see from residential candidates is a close to the best process where they don't talk about these other possibilities. donald trump is appearing everywhere with the people and asking his crowds as he did earlier this week, whether they think one of the candidates, jd vance, should be on the ticket an unusual process. we know from donald trump and his last vice president, mike pence, he was disappointed mike pence did not support his efforts to overturn the election. you can gather from that, donald trump will be looking at that level of loyalty as a qualification. >> that is what i find most interesting about the subtext of your reporting, which is that donald trump, he has dangled the vice presidency, the ability to run with him in front of people like tim scott, he has gotten them to perform for him on the campaign trail, yet, that is no guarantee, right? people keep showing up and auditioning, and the loyalty to him is the one consistent variable. >> is like he is dragging a $100 bill across the floor and seeing how fast the candidates can crawl and how much they fight with each other to get to the $100 bill. he may just pull it up with the string at the end. his campaign is not sure these will be one of the people he selects. >> right. it is for him about the reality tv show. if we are talking about this, we are not talking about his myriad of legal problems and his vulnerabilities as a candidate. you say that a key point of tension and the decision in the campaign is balancing the desire to make a running mate who is nonthreatening against the desire for someone who can also be considered the future of the donald trump movement. talk about attention and what it means to be nonthreatening to donald trump. >> it is an interesting editorial debate in donald trump world about what those best qualifications are, particularly when it comes to an heir apparent and whether it is good for donald trump to make someone the next person to take the torch of the maga movement. or if he does not want to hand off the torch. what is the best way to play this for some of these candidates? in terms of not outshining him? if you are trump and like the limelight, you hate anything to take that away from you if you have a vice president who was looked at as the next presidential nomination, it will be a year or two before that person gets more attention. we will have to see who trump goes with and how they fit into the question of succeeding him. a lot of sources i have spoken with only he really does not want somebody to that will compete with them for attention during his term. >> we talk about the messaging, the debates, and so much comes down to the ground campaign but that is virtually impossible to capture in this context. knew reporting that joe biden has hired his 1000 battleground staffer, the donald trump template outsourcing their tv efforts to turning points usa, what you make of the difference in that strategy? >> reporter: i think it is born of necessity for donald trump, he got on the ground later with an important court case that gave him the opportunity to coordinate more with outside groups. they will need it because donald trump raised money slower , which meant he was not able to open as many offices or put as many field staff as he wanted to initially. there will be support networks for him on the outside and joe biden see groups that want to help them, they will be out in the field. one important thing to remember, the ground and will only matter in a handful of states because only a handful of states will determine the electoral college. it only matters in a very close race. some of these battlegrounds will be three points or four points, the ground it did not make a difference. in those states like wisconsin last time where you spoke about, arizona, georgia, a difference of 10,000 votes or 20,000 votes, the ground gave could be everything. >> thank you for your reporting. coming up, democrats in congress try to repeal 151-year- old all that regulates mail, because republicans have recording implants to control your body. we will talk to the new york times about it next. cidp derails. let's be honest... all: cidp sucks! voices of people with cidp: but living with cidp doesn't have to. when you sign up at shiningthroughcidp.com, you'll find inspiration in real patient stories, helpful tips, reliable information, and more. cidp can be tough. but finding hope just got a little easier. sign up at shiningthroughcidp.com. all: be heard. be hopeful. be you. always dry scoop before you run. listen to me, the hot dog diet got me shredded. it's time we listen to science. one a day is formulated with key nutrients to support whole body health. one a day. science that matters. ♪♪ rising costs. selective coverage. for countless americans, the complex specialty care they need has always felt... just out of reach. ♪♪ at evernorth, we give members unrivaled access to the most complex therapies at the best prices. while providing enhanced support like in—home nursing at no additional cost. that's wonder made possible. evernorth health services. today, the supreme court upheld a federal law prohibiting domestic abusers of owning firearms this is the second ruling in as many weeks that has many on the left breathing a sigh of relief. this conservative court last week unanimously ruled against producing access to the abortion medication mifepristone but reproductive freedom is far from safe this term soon this court will decide whether state keep pregnant women from receiving emergency abortion care. outside the court, there are plans to further erode reproductive rights. project 2025 is having big plans for the donald trump administration from the comstock act, the zombie law that prohibits the mailing of substances used for abortion and birth control. the new piece from the new york times opinion columnist michelle goldberg offers a warning, the allies from donald trump say they will enforce the comstock act, believe them. she quotes jonathan f mitchell, the architect of this who said we don't need a federal abortion ban, we have comstock on the books. michelle joins us now. you argue comstock should be a household name, it is such a policy walk. how do you explain it to someone not following this? first of all, maybe the one silver lining of the arizona trying to briefly bring back this victorian era abortion ban, people know it is a possibility. comstock is this law from 1873, this notorious law by this notoriously prudish anti-vice crusader who took pride on how -- hounding people to their death the burning books, going after great works of literature. it was never repealed, people assumed it was a dead letter, done away with after rulings. when roe was overturned, you heard from antiabortion activist , this is still on the books. the mifepristone ruling you mentioned was originally part of the federal judge who originally tried to say that the fda had to resend its approval of mifepristone said the comstock act was still on the books and the supreme court made a ruling on standing grounds and could still hear another case like this if the people have standing to bring a lawsuit. during arguments, both alito and thomas referred to the comstock act, sometimes they referred to it by the number in the criminal code, they know it has ramifications. similarly, in that 2025 project apologist blueprint for what they want to do in a second donald trump administration, they say we can enforce the comstock act. >> you are waving her hands feverishly, please, pay attention to what is happening with the comstock act, but a lot of people missing what is happening. you write that a poll last month says 70% of people blame joe biden for the repeal of roe since the ruling happened during his presidency. >> what i make of that, people are -- there is education that needs to be done about the basic workings of american government. specifically, about donald trump's role and we are in the situation to begin with. people have a hard time connecting this obvious libertine, this person who is no paragon of sexual confidence , they have a hard time connecting him with this very punishing regime that they hate. even though he is clearly the one who did it and taking credit for it, there is a recollection, an argument democrats need to make again and again and again, which is why they need to talk about the comstock act and make it clear that this is something that could very well come their way even in a state that protects abortion rights in a second donald trump term. tina smith, senator, somebody who worked in planned parenthood before she was in politics, has a new bill, i think that is the most important initiative that democrats need to rally around. even if republicans are not going to let this get to the desk of joe biden. there is a petition for -- by the foundation for individual rights and expression to have biden pardon a great victim of the comstock act obviously posthumously, the idea being this is a way to raise the ceiling and say, these victorian era laws were a mistake and should not be used against people today. >> this becomes a conversation about blue states and red states, i did some reporting from an abortion clinic in brooklyn and looked at how they were preparing for the possibility of mifepristone no longer be available , stockpiling, and clinics in blue states are now seeing so many more patients from states where abortion has become fully legal that that has an impact on your care. if you live in a blue state, yet we talk about the comstock act, the question of breakthrough, this is coming for you, to new york, new jersey , this is not something happening somewhere else. >> this has been a problem, it was hard with roe , hillary clinton in 2016 would try to get people to be aware that it could be overturned. americans love apocalyptic movies but laugh at catastrophic imagination. >> thank you. a lot more to get to tonight, the manhattan district attorney requesting to extend that gag order from donald trump until sentencing, why is the district attorney asking for this to and we will talk about the presidential debate next week. when i was diagnosed with h-i-v, i didn't know who i would be. but here i am... being me. keep being you... and ask your healthcare provider about the number one prescribed h-i-v treatment, biktarvy. biktarvy is a complete, one-pill, once-a-day treatment used for h-i-v in many people whether you're 18 or 80. with one small pill, biktarvy fights h-i-v to help you get to undetectable—and stay there whether you're just starting or replacing your current treatment. research shows that taking h-i-v treatment as prescribed and getting to and staying undetectable prevents transmitting h-i-v through sex. serious side effects can occur, including kidney problems 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>> it should and should factor in the sentencing, the district attorney will say he does not show respect for the law there is blatant disregard for the law and that happened during the trial and continuing after a guilty verdict. that is powerful for the judge, if i sentenced him to probation, could he follow the rules? he did not follow my court orders, how will he follow the rules of probation? >> a question you cannot answer in a minute, a judge in nevada dismissed the fake collectors case over a lack of jurisdiction . what does that mean? >> it was dismissed because of a venue issue. the judge said, these are charges that deal with forging the fake collector certificates. that did not happen in the county where the prosecutors brought the case. you have to charge the case where the crimes were committed. so, it is a technicality. but this should not affect any other state fake collector cases, this is a specific aspect to this case ruling. >> after the donald trump years, i appreciate that we know that venue. like we went to a crash course. thank you for being with us. coming up, the last time donald trump came to philadelphia was to unveil his gold sneakers, now he's going back to win over voters. respiratory disease from rsv in people 60 years and older. arexvy does not protect everyone and is not for those with severe allergic reactions to its ingredients. those with weakened immune systems may have a lower response to the vaccine. the most common side effects are injection site pain, fatigue, muscle pain, headache, and joint pain. arexvy is number one in rsv vaccine shots. rsv? 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joining me now, malcolm, a state representative in pennsylvania and a member of the biden/harris campaign's national advisory board. sir, good to see you. >> good to see you. >> why philly, why now? >> you know what, i think a part of what we have to address always, the stakes. >> please. >> this year is going to determine what the next few decades look like. >> amen. >> and i think there's been this false bs narrative that trump is courting black voters. look at what happened in detroit, they didn't even attempt to fill the room with black folks. and then he left that church to go hang out with charlie kirk who said martin luther king was a bad guy and that the civil rights act, who knows if that was a bad idea. he sends in byron donald, who starts opining about how much, i guess, he loved jim crow and how good that was for the black family. this is about showing up with impunity to places that he has spent his entire career trying to undermine. you know, he got his start saying he wasn't going to rent to black tenants. he spent his entire presidency doing everything he could to undermine key accomplishments, not just of the obama administration, but key things that helped to support working families all across pennsylvania, like trying to get rid of the affordable care act, trying to undermine social security and medicare and medicaid. and so bringing his vile, racist vitriol, just bringing it to a black neighborhood is not reaching out to black voters. >> how much of it do you think -- i get your point exactly it's about the appearance, how much of that, though, even in appearance, do you think is about black constituencies and how much of it is about creating a permission structure for those whose final reservation about donald trump might be that he's racist. >> listen, i don't even really think it's about the appearance -- >> you think i'm too deep. >> no, i think this is about putting his thumb in the face of black voters, because you know, he thinks that black voters -- and i think he thinks a lot of americans are idiots. he thinks that he can come in and try to take advantage of black people and black voters like we have amnesia. black voters have not forgotten donald trump's failed presidency. let me put it this way, showing up to the link in a cowboy's jersey does not mean you're trying to reach out to eagles fans. you can come to a place where black people are, but bringing his same nonsense, racist, bigoted rhetoric, black folks hear him very clearly, and i'm telling you, i don't care what people have been saying on tv, black voters ended his presidency in north philly, and we're going to make sure he never gets back to the white house. >> i appreciate you broke through the noise to give me a signal. this is about the stakes of this race. when you were having conversations with voters in pennsylvania or elsewhere about the stakes in this race, what is it then you tell them about joe biden and kamala harris that you find most resonates for them? >> listen, every election, every election, folks are running for office to wield a tool, because every elected position is just a tool. and so the question always is what do these candidates want to build. joe biden and kamala harris have been clear about building an economy where working people, working families like mine don't spend every day feeling shaky. they feel secure. they're stable because they know they have access to good healthcare, benefits on the job. they know their kids are going to go to a good school and when those kids get into the workforce they're able to do things like buy their first home. donald trump's entire reason for running for president is to avoid criminal liability for all the crimes that he committed. a jury in this city here in new york said 34 times that he is guilty. voters in north philly said donald trump's famous line to him, you're fired. we are going to say we're not rehiring somebody with this bad of an exit interview and somebody who's been so dismisive and disrespectful to black voters. and so, sure, show up to north philly, we're going to give him the type of welcome he deserves. >> let me ask you about another candidate, rfk jr. -- >> who is that? >> -- turned in enough signatures today -- >> i have not spent a lot of time with this sideshow candidate who is funded by the same donors who are pushing donald trump. rfk jr. is just an intern for the trump campaign. his entire reason for being in the race is to try to siphon votes from president biden. but he's not going to be successful, because people are not stupid. pennsylvania voters, and i think americans in general, folks just want to know that their family's going to be okay. they want to know when they look in their kid's eyes they're not telling them a lie when they say life's going to be a little bit better for them than it was when they were growing up. and joe biden has laid out a plan and has achieved things that make it easier for working families to feel more stable, less insecure. donald trump is in this for himself, and he is going to have a rude awakening in november. >> malcolm kenyatta from the great state of pennsylvania, thank you so much for being with us. pennsylvania state house representative member of the biden/harris campaign's national -- the weekend at 8:00 a.m. eastern, saturdays and sundays. i need to go to bed right now. our guest tomorrow, maryland governor and rising democratic star wes moore. now is the time for the last word. good morning, alee, the other person who needs to be up bright and early tomorrow. >> got a lot of surprises tonight. i walk in, i see you on tv. i come in to say hello