Border this afternoon, underscoring how important both parties view the immigration issue. Defense secretary lloyd austin facing tough questions from lawmakers about his secret cancerrelated hospitalization during the holiday season. The Biden Administration is raising National Security concerns that china could Spy On Americans through Chinese Technology in electric and connected cars. The Commerce Secretary will be here to explain. Good day, everyone. Im Andrea MitchellIn Washington. The Supreme Court will decide whether donald trump can be held criminally liable for actions taken while he was in office. That decision by the high court to hear the case in late april, two months from now, will delay mr. Trumps d. C. Election interference trial further. Late wednesday, illinois became the third state to find the republican frontrunner ineligible to serve under the 14th amendments insurrection klaus, or to be on the ballot. The decision to remove him from the ballot in illinois hinges on what the Supreme Court will decide in a similar decision in colorado. That case has not been decided. An Appeals Court rejected trumps attempt to put his civil penalty on hold. The former president may not have the cash to pay up according to his own lawyers. The fee is due in just under a month. Joining me now, former u. S. Attorney Paul Charlton and Washington Post national editor, phil rucker, coauthor of i alone can fix it. Paul, here is how the Supreme Court describes the case in this release. To what extent does a former president enjoy president ial immunity from criminal prosecution for conduct alleged to involve official acts during his tenure in office . What do you make of the way they frame that, of how they are limiting the issue that they are going to look at in this case . First of all, they have removed that part of the trump appeal that dealt with whether or not double jeopardy attached in some fashion. It was a complicated and widely rejected theory that perhaps trump couldnt be prosecuted under this double jeopardy theory, that because he had gone through the impeachment process, no criminal prosecution should go forward. It is limited in the sense that it is only now going to deal with official acts or alleged official acts. This decision by the u. S. Supreme court to hear the case now, andrea, as you know is one the u. S. Supreme court could have taken up back in december when jack smith first asked the Supreme Court to hear it. As you pointed out in your opening, this now means that trump has a victory in the sense that theres going to be a delay. The likelihood of a trial before this election takes place becomes less and less likely every single time that there is a delay. The other small victory for trump here in this decision for the court to go forward is that they could have said the u. S. Supreme court will let the decision stand. The court of appeals said theres no criminal immunity, the trial should go forward. By taking that decision and letting trump have a second bite at the apple before the u. S. Supreme court, its another opportunity for trump to delay this case and to put it in front of the u. S. Supreme court. Just to drive that point home, i think they got this february 15th. They waited until now to make the decision to hear it. Then they delayed that the Oral Arguments until april 22nd. That means they will hear it and probably wont decide until june, at the end of the term. Then theres another probably 90 days. Thats when the clock would start. Lets say that he loses on the appeal. They decide against him. Judge chutkan would then begin to start the clock for the 88 to 90 days she was going to give him for pretrial motions. They could have lifted the freeze and let her at least start some of the pretrial motions. Exactly right. Juxtapose that by the colorado Supreme Court. Thats because on the appeal from the colorado Supreme Court, in which the colorado Supreme Court said that trump should be removed from the colorado ballot, theres a very real, overt, talked about deadline that you can point to. Theres an election coming up. We need to have a decision before the election. That part thats quiet, that part that cannot be said out loud is that we all know, everyone recognizes that if trump wins this election, this trial, this prosecution will not go forward. If there isnt a trial and a resolution before the election date, trump will effectively, if he wins this election, give himself immunity. Thats an argument thats difficult, if not impossible to make in front of the u. S. Supreme court. The Supreme Court can give there kind of patina of moving quickly without truly moving at the speed most americans would like to see it move at. Phil, theres going to be a march 25th start, we think, of the bragg case, the hush money case, which is a bigger case. Its an Election Interference case in its own fashion. How ironic is it that that will be perhaps the only case that comes to trial or that is completed before the election, because the georgia case is in serious trouble because of the controversy over the d. A. , and the florida case is in court tomorrow. Judge cannon is moving at molasses speed. Theres a possibility the three important cases you are talking about will not be tried before the election potentially, given these delays. That means voters who in the fall are going to start Making Decisions remember, a lot of voters start voting before november, because they vote by mail and they vote early. They will start to make decisions about who the next president should be without having heard all of the evidence and without having some sort of official judgment be rendered for trump in how he handled Election Interference and his handling of classified documents at maralago. Those are important cases that speak directly to his conduct when he was president. Theres a reason why prosecutors have been moving so quickly to bring these indictments last year. Yet, we are seeing delay after delay for any number of reasons. However, that new york case that you mentioned does seem to be moving forward. That trial is set to begin in late march. We will see if theres any further delay there. It does appear thats the one that the public is going to get to see. The Justice Department is facing some criticism from democrats at least for waiting until after the january 6th hearings and doing all of the lower level the actual rioters, hundreds and hundreds of cases, getting a lot of convictions, but not looking at the leaders the alleged leaders, i should say, including the former president , of the scheme to overturn the election until way later. Thats right. The Justice Department had a strategy right after january 6 to begin at the bottom up and work like a ladder. Start with the rioters and then work all the way up to then start to really investigate trump and, of course, bring criminal charges against him. Theres some criticism of that strategy among democrats who feel like they should have dug in on trump from the very beginning, that this has been time wasted. Now here we are in an Election Year without any judgment yet. The irony could be that perhaps the former president was right when he said, i alone can fix it. He managed through his lawyers to at least take advantage of the appeals and the pretrial motions that were afforded him and the good fortune that he got in florida with the luck of the draw on that judge, judge cannon. Paul charlton, fill phil rucker thank you. President biden and former President Trump both at the border today. We will go there live next whether Andrea Mitchell reports is back in 60 seconds. You are watching msnbc. we come from a long line of cowboys. when i see all of us out here on this ranch, i see how far our legacy can go. not flossing well . Then add the whoa of listerine to your routine. New science shows listerine is 5x more effective than floss at reducing plaque above the gumline. For a cleaner, healthier mouth. Ahhhhh. Listerine. Feel the whoa yall wayfair makes it so easy ahhhhh. To create a home youll love. Its the talk of the neighborhood. Kelly i just wayfaird. Thats wayfair. Saving time saving money. You wayfaird your whole bathroom . even the vanity when i wayfair, i wayfair ya know . Oh i know. This is nice. Another wayfair day you know it. New couch in just two days the wayfair word is out. Wayfair, youve got just what i need lve always wanted to do that. The 2024 Campaign Moves to the southern border today. President biden and donald trump are heading to texas, making visits 300 miles away from one another, just about the same time of day in the afternoon, even as their Immigration Policies remain worlds apart. Gabe gutierrez is in brownsville, texas, where President Biden is headed. Gabe, this promises to be a dramatic split screen. What is driving the narratives, the two competing narratives . Reporter thats right. This will be President Bidens second trip to the southern border. He went to el paso in january of last year. He plans to come here to highlight what he sees as obstructionism on the part of House Republicans who have torpedos that border deal, 20 billion in Border Security funding, that included money for immigration judges, for Border Patrol agents, as well as detention beds. The president wants to make the case that it is republicans that are holding this up. Republicans have been saying and blaming the Biden Administration for the Record Number of migrants that have been crossing the border. Also i want to mention some breaking news. The president s trip will come on the heels of a federal judge now temporarily blocking it was set to go into affect in march. It allowed it could go up to a felony for subsequent offenses. The federal judge that that was a purview of the federal government, the jurisdiction of the federal government. Of course, this temporary injunction is expected to be appealed and could end up to the u. S. Supreme court. Gabe gutierrez, thanks. Joining us now, joaquin castro, a member of the intelligence and Foreign Affairs committee. A poll this week found only a third of americans blame republicans for the bipartisan border bill not getting a vote, even though they blocked it. Half blame both parties equally. Where is the disconnect . Is it the white house not messaging . I think we have to do a better job. Honestly, the media has to do a better job of explaining to the American People that republicans use the border as their number one boogieman issue. They demonize immigrants and migrants and at the same time for years have blocked any constructive solution to dealing with the border. First of all, we are in a moment of the most antiimmigrant sentiment and rhetoric in a generation. This country became the most powerful nation on earth not in spite of immigrants but because of them. We have more resources on the border today than ever before. More manpower, more drones, more surveillance, more law enforcement. In light of that, President Biden was trying to add more resources to the border. Republicans, even though this is their big issue, shut it all down. The same token, the surge has been exponential. The number of migrants crossing. The administration, despite those efforts in the senate bill, has not been able to do a better job of controlling the migration. I mean, its hard when you have got half of the politicians In Washington who are fighting against you. I know we fight often over we do battles over shortTerm Solutions. There are longer Term Solutions that have to come into play here. You have to be a partner to a lot of the countries in rebuilding their economies, in fighting off the drug gangs that terrorize people there, in making sure that they feel safe and secure in their home countries, because i still fundamentally believe that nobody really wants to track 1,000 miles with a 2 or 3yearold child or more and move to another country if they dont have to. You serve on Foreign Affairs. Whats being done to foster more cooperation with mexico or some of the other countries where migration is starting . Venezuela in particular. Quite a bit. Literally, on a daily basis the state department, the department of Homeland Security, the white house are in contact with mexico and other nations where we face migration challenges. Getting their cooperation and making sure that migrants are treated with dignity and with respect and at the same time that we are able to control the surge of folks who are looking, fleece for safety. To get your temperature also on whether things are coming to the for the continuing resolution and the agreement to try to avoid a government shutdown, that was all in play today. Yeah. Its my understanding that we should be able to vote on a continuing resolution later today. Again, thats not the wisest or longest Term Solution for our budget issues. For the shortterm, it will get us a few weeks and hopefully a longer lasting, more substantive agreement can come together. If i can impose on you one more question. Do you think theres any hope for the house to approve funding, weapons, desperately needed by ukraine . I hope so. I would absolutely vote to fund to provide ukraine with the money it needs to fend off the invasion of russia. Its something that i think the United States should remain committed to. Of course, its not democrats like you who are the problem. Its the house and the pressure on the speaker from donald trump, who is not a member of congress but seems to be exerting a great deal of influence. In any case, joaquin castro, thank you so much. Good to be with you. 100 people may have died in a rush for food in gaza. That and a lot more coming up with senator chris murphy here on Andrea Mitchell reports only on msnbc. One breath. Can delight them all. Protect yourself against rsv. With pfizers abrysvo a vaccine to prevent lower Respiratory Disease from rsv in people 60 years and older. Its not for everyone and may not protect all who receive it. Dont get abrysvo if youve had an allergic. Reaction to its ingredients. A weakened Immune System may decrease your response. Most common side effects are tiredness, headache, injectionsite pain and muscle pain. Ask about pfizers abrysvo®. 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