Advancing their efforts and military cooperation. Coming up, the warning details about what kind of weaponry and intelligence theyre talking about and what it could mean for the rest of the world. But we start in washington, d. C. , where as we speak, two of Donald Trumps allies in the attempt to overturn the 2020 election are facing justice. Not just on the same day, but in the very same courthouse. In just one hour, Enrique Tarrio will be sentenced, the former proud boys leader convicted of seditious conspiracy. Prosecutors want the judge to give him 33 years behind bars, which would be the longest sentence yet for anyone linked to january 6th. At the same time, Jury Selection is under way in the trial of former trump adviser peter nava navarro, charged with refusing a congressional subpoena from the January 6th Committee. But speaking outside the federal courthouse a few hours ago, navarro insists there is an overriding question that still needs to be answered. I believe and as ive said from the beginning that this case is headed towards the supreme court. This case is not really about me. It is about the constitutional separation of powers. And Executive Privilege. I want to bring in nbcs ken dilanian outside the courthouse in washington. Barbara mcquaid, former u. S. Attorney, University Of MichiganLaw Professor and peter baker is New York Times chief White House Correspondent and an msnbc Political Analyst. So, what is the latest on navarro right now . Reporter well, chris, Jury Selection began today. The court is on a lunch break right now, having picked nine jurors. They may ask for 24 in the end. And Peter Navarro is on trial facing a year in jail on each of these counts of Contempt Of Congress and 100,000 fine for each. And he said hes facing 750,000 in legal expenses. As you said what this is about is his refusal to comply with the subpoena from the January 6th Committee for his testimony and for documents. You heard him mention Executive Privilege there. Just last week the judge in the case ruled that there was no evidence that donald trump ever invoked Executive Privilege to prevent Peter Navarro, his economic adviser, from testifying and that the law required that there be that evidence and that mr. Trump invoked the privilege and that there be some record of it. There wasnt any. Thats why thats not really an issue at this trial. And mr. Navarro has a tough road ahead of him. They want us to be believe this trial will be this epic constitutional battle. Is it that . No, chris. I think this will be a brief trial. The questions will consist of was a subpoena served on Peter Navarro, what was the date and time, did he show up. And the answer being no. I think it will be as simple as that. He can raise this issue on appeal that he was able to take advantage of Executive Privilege, but, remember, the privilege belongs to the president to assert. And if the president fails to assert it, then he has no privilege. In addition, he was not an executive branch employee. So i think his appeal is also likely to fail. What do you make of the fact that the judge would not allow navarro to use the Executive Privilege argument as a defense here. His reasoning, trump never wrote anything down, the judge calling the testimony, quote, pretty weak sauce. I wonder what you make of that. And is it possible then that there is a Ripple Effect for other cases . Yes. So, a judge has to make a decision about whether evidence is going to be helpful to a jury or potentially confusing to a jury. And so if Peter Navarro is able to make this argument but doesnt have evidence to support it, that could confuse the jury. So thats why the judge has ruled that he may not bring in any argument. There is no evidence of it. It is the president s privilege and the president must assert it. And if there is no evidence donald trump could call up today and say i asserted it. He hasnt done that. It is crickets from donald trump. Will this have a Ripple Effect. I think by now, you would think that Donald Trumps associates, aides, lawyers and others, would recognize that loyalty for donald trump is a one way street. When he needs something from you, he comes calling. When you need something from him, silence. Yeah. Peter, worth reminding people what Peter Navarros role was on january 6th. He had this plan called the green bay sweep. Using the football coaching aanalogy. Can you explain, give us more context of his role here . Peter navaro is a fascinating character in this white house. He was a trade official, a trade representative, not, you know, involved in politics and theory, but took it upon himself once the election happened in 2020 to prove what donald trump was saying publicly, which is that the election was somehow rigged and he came up with this plan, sort of on his own, as far as we know, in collaboration with folks like steve bannon to the green bay sweep as you put it to basically, you know, intervene in the electoral count, the Electoral College count. He was not one of the people who organized the crowd or the protesters that day or anything to do with the violence, per se, but he did have a role in setting the stage for that by telling the public that there had been something wrong with the election, even though there was no proof of that. I think what the January 6th Committee wanted to hear from him is as they heard from other aides to the president what did the president know, when did the president know it, but as you say, as barbara talked about, the president has not done anything to defend Peter Navarro or Say Communications were in any way privileged. So lets talk about what he said this morning. We played a little bit of it. I want to play more and it is about the price tag for all of this. Here it is. This will be the most expensive week thus far of this journey. The legal fees, because well have attorneys in court, in the courtroom, for what is likely to be the full week. Well run out the meter once again. This will be at the end of the journey, case costing over a Million Dollars or more. And, peter, hes not the only one. We all heard from Rudy Giuliani. There are others particularly in the georgia case who said theyre flat broke, they dont have the money to pay for lawyers and thats really just beginning there. Is there any sign anything you heard within trump world suggesting hes planning to help them out . Well, there hasnt been much evidence of that so far. Look, you mo, broadly speaking the Justice System has an issue where the representatives cost so much. That goes beyond this particular case, it is not unique. But it is unique to see, of course, aides and advisers to President Trump who are, you know, on the hook for multihundreds of thousands of dollars in legal bills without the president s help. The president has been raising funds off the legal cases, selling tshirts with his mug shot on them, but for the most part has not been helping out the people around him who are in jeopardy and as you mentioned, Rudy Giuliani is a case study of that. Hes been almost begging the former president to help them out. Hes having his own financial issues. It is a real telling sign that people continue to be loyal to him, despite the fact he doesnt seem to show the reverse. Sentencing set in the courthouse behind you at 2 00 this afternoon. What are we looking for, what do we expect . Prosecutors asking for 33 years, theyre not going to get it if last week is any guidance because they asked for Prison Sentences in that range for tarrios four codefendants and got between 15 and 18 years. If he gets 19 years, hell be the hell have received the longest Prison Sentence of any january 6th defendant. And prosecutors say there is no person more singularly responsible for the violence on january 6th than Enrique Tarrio, along with his proud boys codefendants because they say they came to the Capitol Intent on doing violence, to keep donald trump in power, they were responsible for the physical breaches leading theed you into the capitol. Tarrio wasnt there. But they say and introduced evidence at trial saying he was encouraging his followers from afar and he celebrated that he and his group had achieved something on january 6th and now hes facing justice. What do you think is going to weigh most heavily on the judges thinking as he decides on a sentence . The Sentencing Statute tells the judge to look at a number of factors. One is the need to avoid unwarranted disparities among defendants. So looking at what we have seen so far, that 16 to 18 range, i imagine he will argue i wasnt even there, so i should get something less. But i think the government is responsible to look at the provisioning and the sentencing guidelines that say a person who is a leader or organizer of others should get a higher sentence from the others. Ken, barbara, peter, we should be hearing about that in the next hour, a little more than that. Thank you for being with us. Much appreciated. Coming up in our second hour, ill talk with the former spokesman for the oath keepers who testified during the january 6th Committee Hearing and ill ask him what message a lengthy sentence would send to members of these far right extremist groups. So stay tuned for that in our next hour. Up next, pressure mounting on senator tuberville for leaving Military Families in limbo. The scathing message from top brass as the alabama republicans Promotion Blocking drags on. Were back in 60 seconds. Drags on were back in 60 seconds my name is wendy, im 51 years old, and im a hospital administrator. When i talk to patients you can just see from here up when youre wearing a mask. And i have noticed those lines beginning to really become not so much moderate but more severe. Im still wendy and i got botox® cosmetic. And im really happy with the results because theyre very subtle, and i feel like i look like myself, but just less lines. Botox® cosmetic is fda approved, to temporarily make frown lines, crows feet and forehead lines look better. The effects of botox® cosmetic may spread hours to weeks after injection causing serious symptoms. Alert your doctor right away, as difficulty swallowing, speaking, breathing, eye problems, or Muscle Weakness maybe a sign of a life threatening condition. Do not receive botox® cosmetic if you have a skin infection. Side effects may include allergic reactions, injection site pain, headache, eyebrow, Eyelid Drooping and eyelid swelling. Tell your doctor about your medical history. Muscle or nerve conditions, and medications including botulinum toxins. As these may increase the risk of serious side effects. See for yourself at botoxcosmetic. Com as the Senate Returns to washington today, pressure is mounting on Tommy Tuberville to stop his month long blocking of hundreds of Military Promotions over a Defense Department policy involving abortion. In a new oped, the civilian leaders of the navy, air force, space force and army blast tubervilles dangerous hold on Senior Offices which they say is putting our National Security at risk and throwing the lives of Military Families into complete limbo. Quote, Military Spouses who have worked to build careers of their own are unable to look for jobs because they dont know when or if they will move. Children havent known where they will go to school, which is particularly hard given how frequently military children change schools already. Nbc sahel kapur is on capitol hill, brandon buck is a former aide to paul ryan and john boehner and msnbc Political Analyst. Welcome, guys. Sahel, do we have any sense that Tommy Tuberville is beginning to feel any of this pressure . What is the latest from the hill . Reporter the short answer is, no, we have not seen any indication whatsoever that senator tuberville is softening his hard line when it comes to Military Promotions. If anything, he appears to be doubling down. His office spent the august recess distributing clips and evidence of allies of his who are defending his position and there are several of them. It is unclear whether this pressure from the leaders of the navy and air force and army will impact him. They say this Abortion Travel Policy is important because Service Members need to be treated equally. They call it unfair military leaders and their families saying it is taking a personal toll and despite what others say, it is jeopardizing National Security and damaging the military. Now, there are a couple of ways you can imagine Tommy Tuberville backs off, if he feels pressure from his constituents, not clear that happened to a significant degree yet, feels pressure from Senate Republican leaders, theyre taking a hands off approach, some have pointed out that Senate Democrats can hold individual votes on these military nominees. Theyre very much against doing that. They say it would create more problems than it solves. It takes hours to process them. Unclear how senator tuberville will respond to the latest pressure. We have reached out to his office. Do you think that an oped like this can generate some pressure to move the needle, to push him a little bit or do you think hes dug in . He seems dug in. Senators do these types of things all the time. They put holds on things. It is usually short in duration, to make a point or get some kind of accommodation, but hes been doing this for a long time. I think it underscores the gulf between what is good Base Politics and what is Good National politics for republicans. Hes not going to pay any price back home for this. In alabama, being on the side of antiabortion is good politics. And the rest of his colleagues dont really have any space to take him on because of those same political dynamics. You cant be proabortion and be a republican senator these days. What is unclear is what his game plan is, what is endgame is. He doesnt have seem to have much of an off ramp. Were all left wondering what is he going to do and it raises the issue of abortion that has been so bad for republicans for so long and here we are again, another week and no resolution. I get that in his home state maybe his position on abortion plays well. But does it play well to say Military Families who already bear a huge responsibility for something they didnt necessarily sign up for, certainly the kids didnt, right, tough enough life they already have, moving all the time, now their lives are in total limbo, does that look good for a republican to play this game with the lives of Military Families . And by extension, members of the military themselves, it is not easy on them when their kids and wives and husbands are going through this. Certainly not. It is a real frustration for folks i talked to in the senate because it does take an issue where traditionally been very strong. They have promoted themselves as being the Strongest Party on the issue and now youre putting it in direct conflict with another part of the base, another issue where you have very little room to negotiate. This is bad politics all across the board nationally. I think what youre hitting on, though, is there enough pressure back in alabama, a state with a lot of military installations, big veteran population, at some point does that become a Tipping Point . You would have thought that would have taken place a while ago, he was this dug in, it demonstrates hes not just in this for a Press Release over a week. I dont know what hes in for. But seems like the normal pressures that get people to back off of these things arent working here and nobody is really in a position to push him on it. It is shocking to me were at a point where theyre coming back already. Where did the summer go . Were looking at what is likely to be a messy and chaotic september, particularly on the fight over funding the government. What are we looking for in the days and weeks ahead . Thats right. Congress is back today after a month off. The senate is back today. The house is not back until next week. And they have a lot t