continue to follow breaking news and an extraordinary request by special counsel jack smith at the supreme court decide to whether the former president have immunity from prosecution for alleged crimes he committed while in office, this will be the first time the high court could weigh in on the historic prosecution of the former president. joining us now is a senior supreme court analyst job is cubic and paula reid. so, paula, this is a pretty aggressive move from the special counsel. what is the play? >> that is exactly right, this is the first time the special counsel jack smith has gone to the supreme court, he is asking it to decide if the former president is immune from criminal prosecution. that is a constitutional question that has never been decided, but really what is at stake is the timing of trump's first criminal trial. trump has been litigating this issue of immunity, he lost at the district court level and signaled he would appeal, the next stop would usually be the court of appeals, go before judges, if you don't like that outcome you can try to go before the entire circuit, if you don't like that, then you go to the supreme court. the special counsel is not asking the supreme court to skip those intermediary steps and take up the issue now. that is a process, going to the court, then the supreme court appeals process could take months or potentially even a year, that could delay trump's first criminal trial which is scheduled for march of next year until after the 24 election. the special counsel is arguing . it is in the public interest to just decide this issue now so the trial can't go on as scheduled. they are citing precedent from the nixon watergate >> the supreme court decided key issues very quickly, now the big question is what will the supreme court do? will they take up this issue? the special counsel give them an out. if you don't want to do it you could tell the appellate court to move along quickly so we can get this decided, which is of course usually in june. >> that's right, the special court once the trial to go on in march, arguing that trump should not have immunity, but is asking the supreme court to make that decision. tell us more about the argument the special counsel is using here. >> sure, this brings us back to 1974 with an equally weighted question involving pres. nixon who was trying to with all the watergate tapes from the u.s. district court preceding, the criminal proceeding and the justices handle that case in 16 days from oral arguments to actual grueling. we know what happened to richard nixon after that, he ended up having to step down from office. but what jack smith has done is actually invoked to the watergate president for two reasons. one to say how significant the question is about, in this case, a former president, not a sitting president, a former president being immune to these proceedings, and also to say you did it before on an expedited schedule, you can do it again. so, really a two pronged approach. and asking today is december 11, asking that the trump lawyers get a response by december 18. and jack smith's team has said they will waive some of the usual 14 waiting day period to file their own reply after the trump team files so they can quickly get all of the materials before the justices and have the justices grant the petition for the unusual relief , and hear the case quickly. i think this is a strong enough request that the justices might be interested in doing it. it is a tough question but will ultimately have to be resolved by the supreme court with the march 4 trial date looming, why not put it on a fast track? >> this is huge. high-stakes, weighty, the first of its kind. we have to wait and see. whether they decide to decide on it, kick it back to lower courts, there's a lot of looming questions, thank you so much. we have some new polling showing us a snapshot of for the 24 race stands right now, new concerns for president biden. his fresh polling shows him losing ground in two key battleground states. in georgia the president trails trumped by five points, it's estate by the narrowly won in 2020. meantime in michigan where biden beat trumped by a wider margin, the former president has a 10 point edge, the polling also found 39% of voters in georgia approved of biden's job performance, that number dwindles down to 35% from registered voters in michigan, the majority in both states say his policies have actually worsened economic conditions in the country. let's turn to mj lee who is live at the white house. president biden is making a campaign stop in pennsylvania, his team brushing off this latest round of poll numbers. how is the president responding? again, we are sort of getting the typical official campaign response from the biden campaign , basically saying they are not reading into individual polls at the moment, that we are still about one year out from election day, that this is not the time to start reading into the numbers are data points. and an important context on both of these polls, michigan and georgia are states that the president not only won last time around, obviously very critical battleground states, but these are two states that the president was able to flip from red to blue, that is why there's so much attention on these two states, and despite the campaign trying to dismiss these latest polls, it is important to note that a couple of details that should serve as serious warnings for the biden campaign, we see the majority of voters saying that the president's policies have hurt the economy, we are seeing in both of the states the majority of voters that they take issue with the president's age. questioning his stamina and his sharpness. both uc the president having trouble with younger voters. they are breaking for trump in hypothetical matchups between the president and the former president, and all of these areas that i mentioned are areas where the president himself is trying to address and work on it, you can see the president making the economic pitch that is something that the white house is consistently trying to sell during the first term of this presidency. and then addressing the question about his age, the sharpness, and of course trying to keep the younger coalition together, which is only complicated in recent months by the war that we have seen between israel and hamas as younger people are consistently calling for a cease-fire, which is not a position the administration is taking right now. >> to the point protesting for cease-fire, let's expand the conversation now with michael who is a formal special assistant to president biden, we also have -- communications director. great to be with you both. let's start with the big numbers, just in context, georgia, biden trailing by about 5%, michigan by 10%, we mention the claimant of younger voters, should alarm bells be going off on biden's campaign right now? >> i think what you call a snapshot, i think it would be different if it was an anomaly, this seems like a trend, whether it is national polling or state-by-state, the best candidates and campaigns usually acknowledge they have a problem. i think keeping in mind that incumbency is messy, very difficult being a candidate governing and making decisions is unpopular, the frustration is that people feel, whether it is the economy or -- the frustrations are real, they parked the frustrations with joe biden for now, as mitt romney said, the campaign will be about character. we can survive by policy, we cannot survive that character, or it makes it hard to survive, that is what the campaign comes down to . >> we are 11 months out and we've seen them rebound before. there is a fascinating -- in the polling, i want to bring up the graphic, it really illustrates two different challenges for each candidate, first with trump. folks who did not cast a ballot in 2020 favor the former president by the merchants, look at that, 26 points in georgia trance challenge would be essentially to get voters that are historically disengaged, something he proves he can do in 2016, my question is why is he so good at getting these historically disengaged voters? and how does he get them out next week? >> they've been disillusioned by the process. and what we have seen, and everything in washington not just over the past four or eight years, but now for generations they feel left out and left behind. when donald's trump says about hillary clinton he says i'm with her. while i am with you, that is a powerful message to the voters who came out. potentially in 24 as well. i will tell you one number that was not a snapshot was the 7% that thought that biden does not have the strength or stamina to be president took me back to my second campaign ever in 1992 we -- beat the incumbent terry sanford, the father governor who every voters said he is too old, his time has passed. and that's why we won the race in a year that was not good for republicans, this is when the biden campaign cannot fix. maybe inflation does away and we might see some prices go down, maybe they will be more approval on foreign policy, but he's every bit of 81 today, he will be every bit of 82 next year. >> to that point, the one number that stood out to me was the number for donald trump going up in michigan since four years ago, according to the exit polls from 2020 20, it's up four points. that tells me you are not going to win the race by selling joe biden or his accomplishments. i love him, i love his policies, i'm not the rest of america. that is what they need to start disqualifying the other side today, that involves making this a referendum, not about trump or his record, but about good versus bad. why he is back to the country, why he's a bad person. that is where joe biden has the strength. that number shows. >> that is a refrain we've heard often from biden, don't compare me to the almighty, compare me to the alternative. sinatra thinks he is the almighty. that's the challenge. >> to your point, the interesting thing to me is that for joe biden, it speaks to some of what mike was touching on, because it appears he is holding onto fewer of his backers from 2020, a lot of voters have become a bit disenchanted with him. to your point about age, he's not getting any younger, conversely, the temperament question with trump appears to be somewhat serious because of folks who have essentially said in the polling that if these allegations about him to subvert the election are proven, they might take away their support. that is an achilles' heel for him. >> a fiction would be an absolute achilles' heel, not something that biden or the democrats can depend on, but part of the narrative of trump being not stable or not genius that is always pretended himself to be. it's been a you see that going when you look at that. some 47%, 46% in georgia say that that the charges against trump regarding the effort to overturn the election proved true, they would not see him as a viable candidate for president. >> i don't think any of those numbers matter because i think the people that support trump will love him no matter what, the cake is already baked, that's why the campaign needs to prosecute the -- of the journal trump as a human being, and not focusing on the economy or the president's accomplishments, because that is not how you are going to win people over. she met doug mentioned foreign policy, potentially coming down as we get closer to november 2024. right now there appears to be a rift a young -- among young voters, take a look at the polling. a major split over israel. nearly half of voters have issues with the way that the white house is providing aid to israel amid its attempt to eradicate hamas from gaza. how much of an impact can that be? >> i have to look at this politics, because i'm not a foreign policy expert. what i would say is that the president needs to start communicating empathy and, you know, his propensity for violence, that young people are really concerned with. and, to also communicate why it is important to fight, that we destroy groups like hamas, they are a terrorist organization, he needs to explain the difference and explain why it is in our best interest at israel destroys hamas. at the same time demonstrating empathy for innocent civilians killed on both sides. >> one final question to you, a number that alarmed me, only six in 10 of those polled in georgia and michigan believe the 2020 election was legitimately won by joe biden. that number sinks to depressing levels when you ask republicans only two in 10 say that biden won. so eight in 10 republicans that were asked believe that the election was legit and they say it was not. how do you believe skepticism place? >> especially in georgia it's a very variable issue, that is why republicans lost two sentences because donald trump was telling his voters that you cannot count on these polls or your vote being kept it, don't mail them in, don't show up on the runoff date, that was a problem for those candidates, certainly a problem for trump in 20. it is one of the reasons he's leading in georgia right now, nothing is secure until the boat is done. >> this is a 2% raise about donald trump versus joe biden, joe biden will win comfortably if it is a choice beyond those two, that is where it is uncertain. it's been a long time ago we appreciate the expertise and this perspective on the snapshot right now. you did still to come, the air force disciplined over one dozen people in the national intelligence leak on the social di have details on that. plus, and in-person plea, ukrainian pres. vladimir zelensky visiting the nation's capital pleading with congress to get his country aid . later, cleanup underway right now, the tornadoes rip up homes and kill several people in tennessee. we have a life recorded just a moment, stay with us. the air force is now disciplining 15 people connected to the massive intelligence leak on the social media plat discord, that is the site for 21-year-old air national guardsmen jack teixeira is accused of posting highly classified military documents. he has pleaded not guilty to the charges, let's bring in natosha at the pentagon. what are you learning about the air force's investigation and who is now facing punishment? >> we, the air force investing this incident, they identified a number of failures that led jack teixeira to be able to continue posting this classified information online, really without anyone noticing for nearly one year. and 15 people have been disciplined as a result of this , including commanders who were in his unit, one of whom or two of human were removed from their positions. and ultimately what the air force found that there was simply a lack of accountability at large in terms of the red lags and the warning signs that jack teixeira was emitting over the course of several months in 2022. he apparently began according to this report, posting information about these classified documents online on the discord app as early as february 2022, and throughout the course of that year he was observed accessing intelligence at his air national guard base that he was not supposed to be able to access. essentially that was not necessary to his job as an i.t. specialist. all of the incidents were observed by his superiors or several of them were observed by his superiors, they were basically not escalated up the chain of command beyond really the squadron level in a way that would have raised more concern among more senior security officials. one pretty striking quote from this report, the air force says that based upon the preponderance of the evidence gathered during the investigation, three individuals in teixeira's unit who understood their duty to report information regarding his intelligence seeking insider threat indicators intentionally failed to do so. according to the report, that is because they were simply worried that leadership would quote overreact. there were a lot of missed signals, but ultimately the air national guard is making changes to try to prevent this from happening again. the damage really was so extensive, one of the biggest leaks of classified information in u.s. history. >> it certainly was, thank you. forest? a pivotal trip to washington for ukrainian pres. volodymyr zelensky, the white house says that tomorrow's scheduled visit comes at a critical time in ukraine's fight against the russian invasion. supporting congress is split -- urgent military aid that ukraine needs is tied up in the politics of capitol hill. republicans want to pair additional ukraine eight practices with broader changes to the u.s. immigration system, something that democrats have been unwilling to do at this stage of negotiations . zelensky is said to make his pitch on tuesday. with -- to negotiate before they leave for the holiday recess, time is running out. joining us now is washington post columnist roche robin. thank you so much for being with us. let's start with the stakes, what does it mean if they don't get aid from the and states, what does it mean for the united states in context? >> reporter: well, it seems pretty clear that congress is most likely to leave town over the weekend there's no movement between republicans and democrats negotiating the border policies that republicans are maintaining their position they are demanding policies that they cannot agree to. what that means is that zelensky is coming to down and walking into a buzz saw, he has basically going to come in here to be essentially rejected, the most likely scenario is that he's going to meet with all of these people, go on tv with president biden, and leave empty-handed, which is really the worst case scenario if you think about it, then he has to go back -- the help is not coming. the consequences and stakes could not be higher for the ukrainians facing a cold winter, a barrage of russian missiles and bombs that will target their energy and the people freezing without electricity or heat. and no salaries, no ammunitions for the air defense stems, and this all plays directly to putin's hands. i don't think that there is a high chance that is going to be avoided, at least not avoided by anything that zelensky can tell republicans tomorrow. >> so, let's dig in to the objections from republicans, they argue that the biden administration does not have a clear endgame for ukraine, they also argue that there is vast corruption and not enough, accounting of where every dollar in ukraine eight actually goes. are those valid concerns? it's been a great, i would say there are two different types of republicans making those, there are the republicans making those concerns in good faith, and those republicans making the concerns in bad faith. in other words the concerns themselves are valid, but that does not mean republicans are willing to negotiate to a position where they can ally those concerns or anything that the biden administration or zelensky could tell people like speaker johnson to convince them magically that all of a sudden everything is okay. so, yes, there is corruption. and yes, there is a lot of money going out the door and it's hard to keep track of it all. to be honest i don't think the biden administration does make a lot of these republicans that is going to change their mind at all. so, i think what will happen is that they will make the best defense by saying what we already know, which is that the war is over when the ukrainians decide that they can negotiate from a position of strength. and that they are increasing the oversight of the money, not perfect, it's flawed. for those republicans that want to be convinced that everything is terrible, that is the message they are going to draw, there really is no magic words that zelensky is going to say to speaker johnson that's going to say okay, i feel much better. xo, josh,