Hes a great student and very proud of the fact he did so well and was looking forward to for years to have graduation with his mother and father there. And i cant go to my sons graduation, that i cant can go to the United StatesSupreme Court that im not in georgia or florida or North Carolina compaining like i should be. Thats donald trump falsely claiming that the judge in the Hush Money Trial wont let him go to his youngest sons graduation. Those comments came after a long day in court from the former president. Well have the full recap for you straight ahead. Well also bring you the latest from The Middle East where israel is weighing its option for a retaliatory strike against iran as the countrys allies are urging restraint. And meanwhile on capitol hill it appears that Speaker Mike Johnson is going gamble on foreign aid spending by bringing four separate package tuesday the house floor. Good morning, and welcome to Way Too Early on this tuesday, april 16th. Im jonathan lemire. Thanks for starting your day with us. And we have a jampacked show, busy news day ahead. And we will begin with this. Former President Donald Trump is set to be back in court later this morning for day two of his historymaking hush money criminal trial after the first day ended with no jurors selected for the panel of 12 and six alternates. The court spent much of the morning yesterday reviewing several motions before moving onto the jury Selection Process. One of the motions included trumps request that judge juan merchan recuse himself from the trial. The judge ruled against it. The judge denied any Change Tuesday the jury questionnaire. He then denied prosecutors request to bring in other allegations of Sexual Assaults with trump. The judge also barred prosecutors from introducing the video of trumps deposition in the e. Jean carroll case. The jury Selection Process then began after lunch and a total of 500 potential candidates reported to the courthouse. Of those the first batch of 96 were brought into the courtroom for questioning. 50 Potential Jurors said they could not be impartial or could not otherwise serve, and they were immediately dismissed. Reporters who were in the courtroom noted that trump watched the Potential Jurors at times, turning to smirk at them at one point. Several Potential Jurors in the jury box appeared to frequently stare at trump while the judge introduced the case. The process will get back under way later this morning. Jury selection could take up to two weeks due the large pool of prospective jurors. Joining us here on set at 30 rock msnbc legal analyst danny cevallos. Lets start with some of your broad takeaways. Yesterday was a day for the history books, the first day where donald trump, a former president of the United States and about to be president ial nominee is a criminal defendant. Howd it go . Broadly, everything went yesterday in many ways the way i think a lot of folks expected. Its Jury Selection and ordinarily Jury Selection is about the most droning tedious process. But when donald trump is the defendant, it must is mustsee or mustwatch tv Courtroom Drama, and of course donald trump didnt disappoint. One of the things that stood out to me is donald trump was reportedly either dozing off or bugging his attorneys. That is not a good look. One of the things attorneys like me tell our clients all the time just sit there and look not guilty. Now, what that means i have no idea, but it meansthalities the jury is watching absolutely everything. And that jury includes all those people who are in that room right now who may end up on the jury. So that is critically important to bebehave. I think all in all not a lot of surprises. I think we knew the court was going to burn through a lot of Potential Jurors. I think a lot of people are raising their hand and selfreporting, hey, im biased and i think judge merchans procedures allowed for that. Its good to go through a lot of jurors on the front end. You have to bow on guard for stealth jurors, someone who pretends to not like trump and get on the jury when they really shouldnt be on. There was some chatter on the right wing they were asking Trump Supporters to go under cover and appear to be impartial and try to hang the verdict at verdict time. The burden is going to be on the judge and trumps demeanor yes, he closed his eyes. Its possible he was asleep, we cant know for sure. You talk about what you saw yesterday. What what concerns do you have Going Forward . In terms of trumps behavior, judge merchan has indicated he is going to control the courtroom. A good example of that is the gag order. Hes going to put on the show he wants to put on as a criminal defendant. We knew that was going to happen at least i knew he was going to be there in a demonstrative way. Whether thats with his lawyers or making facial expressions, its really interesting during Jury Selection especially in new york, and new york, jonathan, is a really unique place. If were doing Jury Selection in Federal Court as a lawyer, i barely talk. Im there but i speak only when spoken to. In new york the lawyers actually have oneonone contact with Potential Jurors. And it hasnt really begun yet. It will happen, but that is just a fascinating difference from other jurisdictions. Judge merchan has already said hes going to be watching jurors closely to make sure they dont stray where theyre supposed to in terms of boundaries of questions. With donald trump at the defense table, anything could happen. Prosecutors in that Hush Money Trial are asking the judge to hold trump in contempt and fine him 3,000 for violating his gag order. An attorney for the d. A. s office argued the former president violated the gag order in three separate truths social posts where he made comments about cohen and stormy daniels. The d. A. Office wants trump fined 1,000 for each violation. Trumps attorneys have not yet responded to the effort to hold him in contempt. Danny, what do you make of that . And the suggest setting a hearing on this next week. Why not deal with it immediately . And is there any chance anything in contempt could lead to trump being locked up . Two reasons why i think. Number one, by next week you might have more instances of contempt and consolidate them and hear them all at once. Number two, i i think more importantly judge merchan indicated he wanted to get started. Its day one. They already burned through an entire morning and part of the afternoon before the jury Selection Process even began. All indications were that judge merchan was thinking weve got all these people here, we need to get started. Yes, theres a Contempt Hearing but lets do that next week. Weve got to get to these jurors. And even with that kind of imperative, they really didnt get started until the midafternoon. They maybe got to questioning ten jurors. I mean that is not a lot. Everyone who sat at Jury Selection last week even me theyre not even working full beaks, theyre taking days off. And weve seen this is moving slowly than i expected. Procedurally you have all kinds of additional complexities including a defendant who has to be covered by a secret Service Detail whether hes in the jury room or going to the bathroom. If you could briefly address the sound we played at the top with trump complaining hes not going to be potentially go to his sons High School Graduation, he cant campaign, cant attend some other court proceedings. The judge decided here by saying, hey, trump, youve got to be here every day, is that roept . Ill never know for sure, but heres what i think happened. I think the client in this case turned to his lawyers and said ask the judge if i can miss court. And i bet the lawyers and i dont know turned to him and said, mr. Trump, you can never do that. This is criminal case, not a civil case, you have to be here every day, and trump probably bugged them until they said, all right, well ask, but youre not going to get it, sometimes we lawyers do that. And they turned to the judge and said can he miss court and the answer is for all criminal defenses, no, you have to be here every single day. This is criminal court, not civil court. You have to be here. Judge merchan may cut him a break and let him go to a graduation here or there, but this is not something you can breeze in or out of whenever you want. We want to get on the record the bad faith argument there. Thank you for starting us off. Well be talking to you in the days and weeks ahead. Next up here what house Speaker Mike Johnson is saying about his new effort to pass aid for israel and ukraine this week. Well dive into that. Plus a judge deals Rudy Giuliani a major blow in his fight to overturn a multimillion dollar defamation verdict. Those stories, other top headlines, and a check on sports and weather when we come right back. N sports and weather when we come right back power e trades awardwinning trading app makes trading easier. With its customizable options chain, easytouse tools and Paper Trading to help sharpen your skills, you can stay on top of the market from wherever you are. E trade from Morgan Stanley. Oooh i cant wait for this Family Getaway shingles doesnt care. Shingles is a painful, blistering rash that can last for weeks. Ahhh, theres nothing like a day out with friends. Thats nice, but shingles doesnt care 99 of adults 50 years or older already have the virus that causes shingles inside them, and it can reactivate at any time. A perfect day for a Family Outing guess what . Shingles doesnt care. But shingrix protects. Only shingrix is proven over 90 effective. Shingrix is a vaccine used to prevent shingles in adults 50 years and older. Shingrix does not protect everyone and is not for those with severe allergic reactions to its ingredients or to a previous dose. An increased risk of guillainbarre syndrome was observed after getting shingrix. Fainting can also happen. The most common side effects are pain, redness, and swelling at the Injection Site, muscle pain, tiredness, headache, shivering, fever, and upset stomach. Shingles doesnt care. But shingrix protects. Ask your doctor or pharmacist about shingrix today. Welcome back. Well have more on Donald Trumps a little later in show, but now some of the mornings other top headlines. House Speaker Mike Johnson unveiled a gopled foreign aids package yesterday. According to three sources familiar with the process, the package would be stacked with four plans. Three aidspecific bills and one with National Security priorities. The three aid measures would amount to roughly tens of millions of dollars that would go to israel, ukraine, taiwan, and other allies in the indopacific. The fourth would include seizing Russian Oassets in the u. S. , a loan Lease Program for ukraine and additional sanctions on iran. Johnson said his preference is to vote on each bill individually, but hell let the chamber decide. There are precipitating events around the globe were all watching carefully, and we know the world is watching us to see how well react. We have terrorists and tyrants and terrible leaders around the world like putin and xi and iran, and theyre watching to see if america will stand up for its allies and our own interests around the globe, and we will. Well have more on johnsons proposals a little later in the show. Meanwhile the armorer on the set of the film rust has been sentenced to 18 months in prison for Involuntary Manslaughter. Hannah Gutierrez Reed received the maximum sentence yesterday. She was convicted last month for the death of cinematographer helena hutchins. Youll recall she was killed in october 2021 after the gun Actor Alec Baldwin was holding fired a live bullet. Prosecutors ruled she was reckless in managing epiwithes and directly caused the tragedy. Baldwin is also facing an Involuntary Manslaughter charge. Prosecutors allege he was negligent in failing to make sure the gun he was handed did not contape live ammunition. Baldwin has pleaded not guilty. His trial is set to begin in july, but a judge is currently weighing a motion from his defense to dismiss the indictment. Elsewhere, the fbi has opened a criminal investigation into last months Bridge Collapse in baltimore. Thats according to two senior Law Enforcement officials familiar with the investigation who spoke to nbc news. In a statement yesterday the fbi office in baltimore confirmed agents were onboard the dali vessel conducting courtauthorized Law Enforcement activity. Sources tell us here at nbc news that the investigation is focused on the events leading up to the ships attempted Departure Out Of Port and whether the crew had any prior knowledge of any potential mechanical problems. And one more headline before we go to break. Former donald trump attorney Rudy Giuliani has lost a bid to dismiss the multimillion Dollar Defamation Judgment against him in a case brought by two Fulton County election workers. Back in December A Jury Awarded Ruby Freeman and shay moss more than 148 million in damages after giuliani falsely accused them of voting fraud in the 2020 election. A judge denied giulianis request for a new trial yesterday claiming he did not provide enough evidence as to why the verdict should be tossed. Next up here well turn to sports as the New York Rangers wrap up the regular season and head into the stanley cup plaintiffs with new hardware. Plus katelyn shark has a new team. Well hear from the newest member of the Indiana Fever when we come right back. We come right back what you realy need in life is some freakin torque. What . The dodge hornet r t. The totally torquedout crossover. So this is pickleball . Pickle ah, these guys are intense. With e trade from Morgan Stanley, were ready for whatever gets served up. Dude, you gotta work on your trash talk. Id rather work on saving for retirement. Or college, since you like to get schooled. Thats a pretty good burn, right . Heres to Getting Better with age. Heres to beating these two every thursday. Help fuel today with boost high protein, complete nutrition you need. Without the stuff you dont. So, heres to now. Boost. Hey asthmas got you going through it . Grab nucala for fewer asthma attacks. Nucala is a oncemonthly addon injection for severe eosinophilic asthma. Not for sudden breathing problems. Allergic reactions can occur. Get help right away for swelling of face, mouth, tongue, or trouble breathing. Infections that can cause shingles have occurred. Dont stop steroids unless told by your doctor. Tell your doctor if you have a parasitic infection. May cause headache, Injection Site reactions, back pain, and fatigue. Ask an Asthma Specialist if nucala is right for you. With the gametime app, i paid 60 less than this guy. What . and its not just sports tickets. Its also concerts. Performances too oh, come on download gametime. Last minute tickets, lowest price. Guaranteed. Oh, yeah, man. Take it from your dowinner child. Me. What you really need in life is some freakin torque. What . The dodge hornet r t. The totally torquedout crossover. Remember when i said we need to screen for colon cancer . Was that after i texted the age to screen was now 45 . [both] because i said cologuard® hey there where did he come from . Yup, with me you can screen at home. Just talk to your provider. [both] well screen with cologuard and do it my way. Cologuard is a oneofakind way to screen for colon cancer thats effective and noninvasive. Its for people 45 at average risk, not high risk. False positive and negative results may occur. Ask your provider for me, cologuard. With the first pick in the 2024 wnba draft the Indiana Fever select caitlin clark, university of iowa. Not much drama with that pick. Iowa superstars Caitlin Clarks legacy now moves to the wnba after she was indeed selected number one overall by the Indiana Fever in last night emphasis draft. The fever now pairing clark with last years top pick as the team eyes its first Playoff Appearance since 2016. Ive dreamed of this moment since i was in second grade, and its taken a lot of hard work, a lot of ups and downs but more than anything just trying to soak it in. Im excited to get to indianapolis. I know theres a lot of people right here, i know theres a lot of people in gambridge supporting us and the picks well make. Youve got to buy your tickets now. I know itll be a hot ticket, but i think the biggest thing is just do me, have fun, smile. I love playing basketball since i was younger and thats not going to change. We turn now to the nhl where the New York Rangers sealed the President S Trophy for the leagues best regular season record with last nights 40 shutout of the ottawa senators. Both franchise records. They will have Home Ice Advantage throughout the stanley cup playoffs, though there is a bit of a tradition of trophy teams winning not capturing the stanley cup. Meanwhile the washington capitals, detroit red wings, Pittsburgh Penguins and Philadelphia Flyers all still in contention to finish in the second wild card and meet the rangers in the opening round of the postseason. Going to be a fun last couple days of the nhl regular season. Meanwhile up in edmonton another milestone for mcdavid. Hall of Famers Wayne Gretzky are the only nhl players ever to eclipse ecysts in a season. He score his 32nd goal in the ninth. Busch led off the second inning with his sixth home run of the season to help chicago to a 32 victory over the Arizona Diamondbacks in extra innings. No rookie has ever homered in six straight games. And lastly the nba playin tournament tips off tonight in the western conference. The new Orleans Pelicans will host the Los Angeles Lakers to determine which team will be the number 7 seed in the playoffs and yet to play the denver nuggets. The loser will get another chance to earn a postseason spot against the winner of the late game which is in sacramento between the king and the golden state warriors. The loser of kingswarriors, though, is out. Angie, hows it look out there . Its a little busy when it comes to strong storms, jonathan, thanks to a system we have working across the country. Weve got tornado watches in effect for parts of kansas, nebraska, and iowa. Notice just how strong those thunderstorms already are this morning, and this is going to continue to intensify as we get through the morning hours. So the threat for Severe Weather will remain. Plenty of rain associated with this as it moves into parts of the midwest. The Flooding Concern is there ice laid, but the potential is there either way. Weve got a good canc to see strong storms even through the afternoon and evening hour. Cedar rapids, quinsy thats where we have the best chance. 25 Million People in parts of the midwest included in this through the day and tonight. Stronger tornados cede rapids, quincy, also des moines. Were not done with the system as we get into tomorrow. It works into parts of the ohio valley and eventually the north east, midatlantic and folks across parts of the east coast by late day will see the impacts of the system when it comes to the rain. Chance for strong storms once again tomorrow louisville to detroit and down towards columbus has the best chance of that hail, wind, and tornado threat. Meanwhile, its quite warm and going to stay that way through much of the east. Today were headed to the 80s In Minneapolis and saint lewis, New York City 71 degrees today. Spring not so much, maybe a bit like summer, but beil take it. We will take it. Next up here on Way Too Early, wellturn to the crisis in The Middle East as israel weighs its response following this weekends Missile Attacks in iran. Our friend richard hoss joins in that conversation next on Way Too Early. Hoss joins in that conversation next on Way Too Early. 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Here on the east coast, 2 30 a. M. Out west on this tuesday morning. Im jonathan lemire. Thanks for being with us. We turn now to news overseas. The United States expects israels response to irans attack to be limited in scope. Thats according to four u. S. Officials who tell nbc news the response will likely involve strikes against Iranian Military forces and proxies outside of iran itself. The assessment is based on conversations that took place before the weekends attacks, a situation still fluid. On saturday, of course, iran fired more than 300 missiles and drones at israel. 99 of them were either intercepted or shot down by the u. S. And its allies. The attack was in retaliation to an israeli strike earlier this Month Ipsyria in which several iranian leaders died. Now the u. S. , u. K. , and france are all advising israel to show restraint in order to avoid a larger conflict. This as top officials in tel aviv have vowed to respond. Israels war cabinet met yesterday for the second time in less than 24 hours. A Government Spokesperson says that israel, quote, retains all its options and reserves the right to do everything it can to defend the country. Officials have not provided any details on what options are being considered. Joining us now president emeritus of the council on Foreign Relations, richard hoss. Hes also the author of the weekly newsletter which you can find on substack. Richard, thanks for being here this morning. Lets talk about some of the options israel does have. Some reporting u. S. Officials believe that theyll take a more limited approach. But walk us through what the Decision Making process could be like. Thats the minimal option. And the criticism is going to be is does it really respond to what the iranians did, this homeland on homeland attack. And it doesnt quoteunquote restore deterrence. Its simply going to be inadequate. There are two other options i believe will have more back. One is the other end of the spectrum to go big. A lot of people saying iran is the emerging threat to israel. Its got all this influence in iraq and syria, obviously in lebanon with hamas. This is izals opportunity to cut lebanon down to size with its nuclear weapons. Theyre going say to go big and setback by months or years Irans Nuclear program, lots of sites. That would be a massive area campaign. The in between option, between simply fighting the proxies or going in big would be to launch the Missile Strikes, Cruise Missile strikes or use aircraft at say iranian Cruise MissileProduction Facilities or iranian drone fusits where theyre built or where theyre stored. And that has two advantages to it. Its proportional to what happened the other day, and its relevant, its germane. And i think that will be an option as well. O talk to us about what role and influence the United States has here trying to impress upon israel to be restrained. And do we think israel would listen . Israels obviously saying it has the sovereign right to respond, which it does. The u. S. Input pill be a factor. I was involved in the administration of the 41st president , if youll recall the iraqis at the beginning of the war shot scuds at israel. They landed there, we prevailed upon the israelis to not do anything. But if those scuds that the iraqis had shot had chemicals in them as we initially thought, we actually figured the israelis would go in no matter what. The the difference then we have 500,000 troops in the region and we were fighting the war. I think we can be a voice, but we cant determine the israeli response. But theyll listen to usch we said we dont go in with them, but theyll say well see, well see what we have to do, and if Iran Retaliates in Big Ways Thal have to get involved no matter what. If israel picks the option to go big, to rely go at them and try to setback their program, what then would you anticipate irans response to that, and whats the domny effect youll be looking at . We think at least two or three dimensions. One would be to shutdown the straits of hormuz. The last thing joe biden wants given inflation concerns. I think iran would have to do something against the israeli homeland, all sorts of Missile Strikes against israel, maybe even aiming towards the Israeli Nuclear air force bases. I would say iran would unleash its proxies, hezbollah in the north. That would be potentially that would be the massive regional war that the United States has warned against, which again is why id be surprised if israel went big. I think theyre more likely to respond directly. Well certainly find out in the days ahead. President emeritus and council on Foreign Relations richard haas, thank you, well see you again in a little bit on morning joe. We appreciate you being here. Still ahead well go live to cnbc for an early look whats driving wall steet. Plus apple no longer the worlds top seller of mobile phones. Well tell you which company wears the crown and dig into whats cutting the sales for the phone maker. Well be right back with that. E. Well be right back with that. Oh, yeah, man. Take it from your inner child. What you really need in life is some freakin torque. What . The dodge hornet r t. The totally torquedout crossover. Can neuriva support your brain health . Mary, janet, hey thinking eddie, no frasier, frank. Frank . fred how are you . fred. Fuel up to 7 brain health indicators, including your memory. Join the Neuriva Brain Health challenge. It aint my dads razor, dad. Ay watch it its from gillettelabs. This green bar releases trapped hairs from my face. Gamechanga . While the flexdisc contours to it. So the five blades can get virtually every hair in one stroke. For the ultimate gillette shaving experience. The best a man can get is gillettelabs. I hear that music and my feet just start tapping. My grandchildren, theyre sixth generation of dancers. Its what my family is all about. I thought i knew a lot about our irish roots. I was surprised to learn so many more things from ancestry. 1892. Oh and heres the boat they came over on. There was a julie healy, a mary healy, this is all their names . Yes, yes. Wow. So this is pickleball . Pickle ah, these guys are intense. With e trade from Morgan Stanley, were ready for whatever gets served up. Dude, you gotta work on your trash talk. Id rather work on saving for retirement. Or college, since you like to get schooled. Thats a pretty good burn, right . Heres to Getting Better with age. Heres to beating these two every thursday. Help fuel today with boost high protein, complete nutrition you need. Without the stuff you dont. So, heres to now. Boost. Time now for business, and for that lets bring in cnbcs Charlotte Reed who joins us live from london. Good morning, charlotte. Stock futures are little changed this morning after a losing day for the major bench marks. What are analysts expecting today . Good morning, john. Well, yes, indeed, all three major indices closed lower yesterday as the tensions in The Middle East weighed on investor sentiment. Today we are watching earnings from Bank Of America and Morgan Stanley after strong results from goldsman Goldman Sachs yesterday. In terms of data we get a bit of insight into the housing sector with housing stats and Building Permits being published today as well as Industrial Production data released today. As we mentioned before the break apple has lost its spot as the worlds biggest mobile phone seller. Tell us who replaced them and how did it happen . Well, samsung is back to be the worlds top phone seller again ahead of apple. And look, for the past 12 years samsung has had the top spot until 2023 when apple came top, but no more. And thats because apple sales have been slow and theyve been facing difficulties particularly in china. To give you an insight there, in the First Quarter iphone sales were down 10 globally compared to last year. This is the biggest drop since the pandemic lockdown with supply chain issues. Overall apple now has a 17 market share versus samsung. And in third spot interestingly chinas top phone maker with a 14 market share. Lastly, tesla is planning to slash more than 10 of its global workforce. This headline got a lot of attention last night. Whats the sense how this could impact the electric Vehicle Market . Well, interesting. That was in the memo by cnbc sent over the weekend to tesla employees by ceo elon musk and said after the review of the organization tesla will reduce the count by 10 globally. Thats around 14,000 jobs, so the news from tesla facing tough competition here. Particularly its when chinese ev makers youll remember recently byd from china came as a top electric car seller in the world, and theyre also facing a softer demand for ev in general. Now a few days ago tesla reported its first fall in sales since the height of the pandemic four years ago. And the tesla shares fell down 5 off the back of the news, john. Its been quite the year or two for elon musk. Cnbcs Charlotte Reed live from london, thank you very much. Still ahead here on Way Too Early, in just a few hours donald trump will return to court for day two of his criminal Hush Money Trial. Well play for you what the former president had to say about his first day in court including why hes now seeking a pause in the trial. Well be right back with that. L. Ah, these bills are crazy. She has no idea shes sitting on a goldmine. Well she doesnt know that if she owns a Life Insurance policy of 100,000 or more she can sell all or part of it to coventry for cash. Even a term policy. Even a term policy . Even a term policy find out if youre sitting on a goldmine. Call Coventry Direct today at the number on your screen, or visit coventrydirect. Com. Heres to Getting Better with age. Heres to beating these two every thursday. Help fuel today with boost high protein, complete nutrition you need. Without the stuff you dont. So, heres to now. Boost. Power e trades awardwinning trading app makes trading easier. With its customizable options chain, easytouse tools and Paper Trading to help sharpen your skills, you can stay on top of the market from wherever you are. E trade from Morgan Stanley. Welcome back. And we turn back now to Donald Trumps criminal trial here in New York City. Speaking outside the courtroom yesterday, trump criticized a judge overseeing the case on not ruling on his request to pause the trial next month so he can attend his sons High School Graduation ceremony in florida. I cant go to my sons graduation, then i cant go to the United StatesSupreme Court, that im not in georgia or florida or North Carolina compaining like i should be. Its perfect for the radical left democrats. Thats exactly what they want. This is about election interference. Thats all its about. Trump returned to the issue later in the day writing on truth social, who will explain to me to my wonderful son baron whos a great student in a fantastic school that his dad will likely not be allowed to attend his graduation ceremony, something weve bane discussing for years. And also discussed next thursday to be in attendance on whether hears arguments. The judge denied the former president s request saying your client is a criminal defendant in new york. Hes required to be here. He is not required to be in the Supreme Court. I will see him here next week. The judge also warned trump if he failed to show up or disrupted the proceedings, he could be arrested and jailed. Joining us now msnbc legal analyst, charles were grateful to have you here to make sense of all this. Lets start with this piece of it, with the judge saying, look, you have to be here. You have to be here even if there is a Supreme Court argument or even if theres a High School Graduation. Thats standard procedure, isnt it . It is. Its very normal. It should be expected for Something Like this. You are a criminal defendant. I dont get to go to my sons graduation, i dont get to go to some Supreme Court, i dont get to go to disney world. No, you dont because youre a defendant. Judge mer. Chan is calling it like it is and telling him these are the rules, you have to be here. He hasnt ruled on him being able to go to barons graduation. He may accommodate him in that way, but hes not obligated to in any circumstance. History unfolding in front of our eyes yesterday as a former president sitting for the first time as a criminal defendant. Beyond that what were some impressions you had on the first day . For me as a former prosecutor in the state of new york it is reminiscent of what it is like to go to trial. This is not some l. A. Room Courtroom Drama the practice i could go down the list. Thats a few already. Of what it is to be sensationalized. Right now theres the Mundane Industrial Process of going through pretrial motions and actually the laborious task of picking a jury. For me with respect to it being historical, yes, that significance was not lost on me and i dont think it was lost on anyone else. For people looking for fireworks out of the gate, thats not how it works. It also seems the jury Selection Process could take several weeks, right, slowing things down further. Right. Consider out of the gate we saw 50 people say i dont want any parts of it. They selfidentified as somebody who wasnt able to serve on this jury, and then of course to his word judge merchan essentially aexcused them and let them go. That illustrates to me the difficulty around choosing a jury for the case like this because of the unique nature of the defendant. Its not the charges, its not the type of case. Its the fact that people are very familiar with one of the key people in this case, i. E. The defendant, the former president of the country and they have strong feelings so it makes them very averse to being fair or impartial. We mentioned at the top of The Show A Ruling in the which Access Hollywood tape, which to remind viewers was 2005 but uncovered during the 2016 campaign wont be admissible in terms of video. But a transcript can be used. What do you make of that ruling . This was as close to a win for the defense as they got all day, which is to say it wasnt a win at all. I think that the prejudice from the actual vocal of donald trump and the audio of donald trump saying what he said on the tape is definitely a problem for the defense and something you did not want, which is why judge merchan said this is too much, but the actual transcript and popularity of it with people having heard this over and over again, theres definitely going to be people who heard that tape on that jury. When you read that transcript, theyre going to remember it. And theyre going to read it in Donald Trumps voice. Theyre not going to read it in some sort of neutral sound. The idea of it being a transcript for the tape, doesnt necessarily give the defense any sort of leg up or help them very much at all. Charles, lastly, lets look ahead to day two. Donald trump will be back in court a hours. What will you be watching out for . And does that include the former president s demeanor in court . Thats the one thing im paying the most attention to. Its not the jury at this point. There may be some interesting tidbits we get from there, but if you look at donald trump and how he emerged from Court Yesterday and cop trast that with how he wept in, he left a man who was battled, beaten down, and fatigued. The process of being in trial is physically and mentally grueling, and i dont think donald trump has prepared himself. Because he cant. Hes never been itll feel like to do this every day for six weeks. I think its going to push him to a breaking point. We should note again, reporters in the courtroom said he spent periods of it with his eyes closed. Well watch what happens today. We appreciate you being here. Msnbc legal analyst charles coleman, thank you again. Up next on Way Too Early, President Biden, meanwhile, will be on the campaign trail today. Hell head to scranton, pennsylvania, his hometown. He may have mentioned hes from there. Well have a preview of his pitch to voters there. And white house reaction to Speaker Johnsons new proposals. Coming up on morning joe, well bring you Key Takeaways from the first day of Donald Trumps historic Hush Money Trial and what to expect when Jury Selection resumes later this morning. Plus, a member of the Foreign Affairs committee, Congressman Mike Lawler of new york will be a guest, as Speaker Johnson, indeed, now says the house will hold a vote on stalled aid to israel and ukraine. Also ahead, mega producer Jerry Bruckheimer will be on with a look at his new film. You wont want to miss that. Morning joe just a few moments away. Ts away nucala is a oncemonthly addon injection for severe eosinophilic asthma. Not for sudden breathing problems. Allergic reactions can occur. Get help right away for swelling of face, mouth, tongue, or trouble breathing. Infections that can cause shingles have occurred. Dont stop steroids unless told by your doctor. Tell your doctor if you have a parasitic infection. May cause headache, Injection Site reactions, back pain, and fatigue. Ask an Asthma Specialist if nucala is right for you. So this is pickleball . Pickle ah, these guys are intense. With e trade from Morgan Stanley, were ready for whatever gets served up. Dude, you gotta work on your trash talk. Id rather work on saving for retirement. Or college, since you like to get schooled. Thats a pretty good burn, right . It only takes a second for an everyday item to become dangerous. Tide pods childguard pack helps keep your laundry pacs in a safe place and your child safer. To close, twist until it clicks. Tide pods childguard packaging. Frizz. Dryness. Breakage. New dove 10in1 serum hair mask with peptide complex. Fortifies hair bonds at a molecular level. Helps reverse ten signs of damage in one minute. Keep living. Well keep repairing. Welcome back. President biden will travel to pennsylvania today for a Hometown Rally in scranton. Hell give a speech on Economic Policy with a focus on taxes. The president will highlight that Donald Trumps plan would result in up to 3. 5 million in cuts for some of the wealthiest americans, which is 70 times what a typically family in scranton makes in an entire year. Todays visit is the start of a threeday swing in the vital Battleground State for President Biden. Joining us now, White House Reporter for bloomberg, akayla gardner. Good to see you again. So the economy has been a tough sell for President Biden throughout this campaign, as you well know. His Campaign Advisors point to metrics and say, look, things are actually going pretty well. Remember where we started with the pandemic. Last weeks Inflation News certainly dealt that narrative a blow. Tell us, how does the campaign intend to turn the message around . Yeah, the president is going to be in pennsylvania for three days. This is something we have not really seen him do yet with a single state. If he spends this much time on the road, hes usually hitting multiple states. But he is in his home state of scranton or will be going to scranton, his home state of pennsylvania, before he heads to pittsburgh and philadelphia. These are two of the biggest cities in the state. All are blue. As you mentioned, the issue of the economy still weighs heavy on voters hearts. The campaign and the white house have really tried to remind voters what the country was like in 2020. The raging pandemic, job losses, and, yet, they feel as though they have had a strong recovery, but that is something that is still hard for voters to swallow who are seeing higher prices at the grocery store, on rent, and theyre really going to have to push that conversation forward. I think that is exactly what the president is trying to do today. He is talking about his tax policies. He wants to restore the child tax credit. He is promising not to raise taxes for americans who make more than 400,000 a year. He is really going to have to drive home this issue, particularly on the economy, especially in the blue wall, pennsylvania, michigan, and wisconsin. Hard to see the president being reelected if he cant win all three of those states. Such important emphasis placed on turning out the philadelphia suburbs and also black voters in places like pittsburgh and philadelphia itself. Well watch his Campaign Spring this week. Lets hit a few other topics. Late yesterday, Speaker Johnson unveiled new plans for foreign aid, suggesting separating them into separate bills. Give us a sense as to what is the white houses early reaction . Is this something theyre going to support . This is something the white house is strongly against. They do want a standalone bill on either israel or ukraine. There is a reason these issues were tied together in that Senate Bipartisan bill, because they feel like they can leverage both of those. They have the support of the senate. They have House Members who really support aid to israel, so this is something they want to see continued to be tied together. Speaker johnson expects all three of the issues to be separate, and he might have some leverage here after he just appeared with donald trump in maralago on friday, who, of course, has been against ukraine aid. If he is able to convince some of the ultraconservative republicans that trump may be comfortable with this, or giving his vote of confidence for him to go forward, he might be able to pull this off. Yeah, israel seems certain will pass. Ukraine is the issue. Also, even if he can get it through the house, the senate probably not going to love this either. They already have a bill that they signed off on. Well be watching that this week, as well. Akayla, interesting dynamic here. Former President Trump was in a new york courthouse yesterday, going back home. He is going to be there a lot in recent weeks. The president himself has made clear, he doesnt want to talk about trumps legal issues. He wants to keep a line between the white house and any matter with the Department Of Justice or any local jurisdiction. But how does the campaign, Biden Campaign and its surrogates, democrats, how do they intend to capitalize on this and drawing this contrast . Yeah, its been interesting to see this because the Biden Campaign has really followed the lead of the president here and the white house. They do not want to specifically talk about any of trumps legal woes. I think thats partly because trump has tried to paint this as a politically motivated attack against them. Thats not something they want to feed into. Yet, theyre very much enjoying this contrast of President Biden continuing to be on the trail, continuing to have that flexibility. They also believe they have been very strong when it comes to fundraising, as well as Campaign Advertising on television and really building out some of these Field Offices. They are planning to open over 100 Field Offices across the country. This is something they feel they are way ahead in terms of donald trump, and theyre really being able to beat some of the early concerns we heard from democrats and within the party, that they had this slow start to the campaign. Yet, trump hasnt been able to catch up when it comes to the ground game. This is something they feel they are strong with Going Forward. Feels like a Pivotal Moment as were finally seeing trump tied to a courtroom day after day. What is the president doing . Engaging on a threeday, barnstorming swing through a vital Battleground State, pennsylvania. That, in itself, might be the contrast they want. Appreciate all the ground covered by White House Reporter for bloomberg news, akayla gardner. Thank you again. Thanks to all of you for getting up Way Too Early with us on this tuesday morning. Morning joe starts right now. Trump was in pennsylvania and took a moment to talk about local history. Gettysburg, what an unbelievable battle that was. The battlegettysburg. Unbelievable. It was so interesting and vicious and horrible and so beautiful in so many different ways. It represented such a big portion of the success of this country. Gettysburg, wow, i go to gettysburg, pennsylvania, to look and to watch. What a stirring order. I look forward to ken burns updated documentary