Federal Election Interference case. In a brief order, the court said it would hear arguments in april, but it could take months for the court to issue an opinion. In the meantime, jack smiths case is on hold, meaning no trial can take place and even if the Supreme Court ultimately rules against trump, the intervention puts the trials start date in question. In essence, some would say, given him immunity, possibly. Joining us now, msnbc chief Legal Correspondent and anchor of the beat on msnbc, ari melber. State attorney for Palm Beach County florida, darren ehrenberg, im going to ask you the same question. Theyve, all start with you. Were you surprised at this really . I was shocked, mika. The five justices who granted the state through sand in the years of justice and they further delegitimized the Supreme Court in the eyes of so many. Chief Justice Roberts cares deeply about the perception of the high court. He wants people to believe that they are above politics. That is why its mystifying to me that they put their hands on a hot stove here. The Dc Circuit Court of appeals path decision was powerful. It was comprehensive. It was convincing. Visible issue of absolute immunity is an easy one. Its illegal layup. There is a reason why we let the crown 2050 years ago, we have a president , not a king. The whole issue is a certain loser for trump. He wins by losing because now it is unlikely that the case will go to trial before the election , not impossible, just unlucky. Even though the maralagos case, mika, in my mind, as a prosecutor, is the strongest case, judge cannon has slotted. The d. C. Kids had the right judge and experience, no nonsense judge chutkan was built with speed, only four counts and no other codefendants. Not even jacks mitt, Prosecutors Prosecutor can ensure that the rule of law will prevail. So, a lot of the blame here goes to the Supreme Court, mika. But some of that is also on the shoulders of risk averse Merrick Garland. So, ari melber, do you agree . We shot . In a way, one of our guests earlier in the show said, this sort of gives him immunity in some ways. Yeah. The question of other guess, as he said, theyve mentioned, the whole thing is whether this is going to be a process that holds donald trump accountable. Accountable doesnt mean he has to be convicted. Doesnt mean hes guilty. It means a day in court. If a jury of his peers acquits him, good for him. Thats the system. If hes convicted, then the rest of the United States can understand through this process what it means that somebody got caught trying to steal an election and how to be accountable before the next one. The Supreme Courts action, in all likelihood, based on what we know about the calendar, prevents that from happening. So, youre having a debate over whether there should be a trial at the Supreme Court preventing a trial, that short circuits the debate. I think, to put it in english, the court things its being savvy, that it can ultimately rule against trump and say, see how evenhanded we are . In a way, does the Supreme Court thinking that the rest of us are stupid. That we dont pay attention. That we cant figure it out. The it will be illegal cloud of smoke. In a way, its very obvious from how the court is acting on this one, that they are trying to game at. They think they can do the optics, the pr on it. They can still claim after that even though they prevented a trial, they still support trials. Its double talk, if we get there. We will see what they say. I think many might see through it. So, its so interesting, but the, way we have jonathan lemire, Mark Chronicle still with us and elise. Jonathan, i just want it so interesting. For example, i respect the court and i doubt that they will come out. I think they will come out in from spavor with the colored apiece, who knows . But in this case, it was is the president immune from having ordering s. E. A. L. Team six to take out one of his opponents . This is not a question that it seems needs a lot of pondering. I dont know if im oversimplifying thanks. Yeah, the generous approach to this is they felt it was a weighty matter that they had to wait and. That the answers were obvious. They had to put the stamp of the highest court of the land on it. In terms of tactics, we are in a campaign here, this is going to slow things down. Most legal experts we found on the show this morning have suggested that they dont think that even if the Supreme Court acts with some haste, the here arguments in april, decision comes in june, they dont think it will be feasible to get a trial in place before the election. Judge chutkan has promised trump side plenty of time to prepare. Mike particle, theres been this thought among democrats that donald trump always seems to get away with it. And this seems apiece towards him once again getting away with it. There are four trials. Hes facing four trials. At this point, one, the new york case, which is the least serious of the cases, can happen this year. It seems like the fate of this election and the faith, potentially, of our democracy, is not going to be decided in his courtrooms. Its one to be in the campaign trail. I think you are absolutely right about that. You know, our, off of jonathans question that he just pose one of the thoughts that has been rolling through my diseased mind for the last 24 hours is, how did we get here . When you consider over the last eight years the damage that has been done to the true direction of the United States of america s enormous. Yesterdays newsday, i would submit, was packed with irony. It begins in the morning with the announcement by Mitch Mcconnell, when he is retiring. Mitch mcconnell who beg knighted states Supreme Court, who fixed the Supreme Court, prevented a president of the nasdaq from naming a Supreme Court justice. Mitch mcconnell, who, with a single wave of his hand could have resulted in getting donald trump impeached and thus taken off of the board in terms of being still candidate for president of the United States. Then, we have the Supreme Court decision yesterday. We have the timeframe involved. The alleged crime was committed on january 6th, 2021. It took an enormous amount of time for Merrick Garland and the Department Of Justice to retain jack smith as Special Prosecutor. Over a years time is lost between the time of the original crime, the alleged crime, and when the Special Prosecutor took office. Now, we have the Supreme Court trying to come up with an answer, to muster now they will start arguments over it, and an answer to something that, i wonder, has ever been posed before. Does a president of the United States have the right to immunity if he shoots and kills someone on fifth avenue . Where are we . Where are we going here . Some great questions, mike. Where are we . We are in a tough spot. Not just politically, without you may feel about trump or the other candidate. As a republic, i think people can feel. That some people throw their hands and theres a redoubling of efforts. Where are we . Cheating is affective. Thats what a lot of people cheat. Violence is affective. Our earlier segment about putin and we are talking about this right now, violence cant work. It was violence that has now been convicted as addition that actually delayed the certification of president elect biden. General six was, in fact, not a failed plot, it was a plot that resulted in the certification happening later than a constitutional requirement of the sixth. Couldve been even later than that. There were two bombs placed at both Party Headquarters that did not go off. The Supreme Court threw mcconnell and other means, does not reflect anything like a relationship with the peoples votes over the years. So, all of these things have accrued up. Cheating and other attackings have been rewarded. Whether donald trump is significantly tied to a deliberate Criminal Intent on january 6th is supposed to be a legal question. By which i mean, as because, that i dont think it should be resolved by local politicians on the ballot issue. I dont think it should be resolved at the voting booth because many people may cheer on anti democratic efforts by their side. Weve seen that in america before. Its supposed to be resolved in the courtroom. Now, we have the highest court in the lansing, wait, we are going to get involved to make sure it probably doesnt get resolved in the courtroom. Thats why this has that orwellian double talk, hypocritical flavor. Thats why its a big problem. Is their solution to it . Not in the short run. In the long run, we, as a country, have to look at certain conditions and norms and figure out which ones still work today and which may have been so easily, handily beating through a cheating, you know, level of Video Game Play by trump and others where you say, oh, founders didnt expect someone quite like this. They didnt have the rules quite like this. The Supreme Court seems to think that their pr, their effort to say they got involved, is more important than actually letting the courts have their say. Thats an ironic and deeply hypocritical position if thats where they planned. Dave, elise here, is there any legal reasoning that im missing on why this case is delayed and why this Supreme Court seems to be slow walking this a little bit . Elise, it is maddening because the Supreme Court knows that there is a consequential election in november, yet they showed no urgency in setting the date of moral argument for april 22nd. More cynical view answer to your question is to interpret the Supreme Court decision ends under various act of putting their thumb on the skill to benefit their favorite candidate. Im not sure i want to go that far, but it is disturbing. When trump needed an expedited moral argument for his colorado case, the Supreme Court complied. When trump wanted to delay the d. C. Case to avoid basing that music, the Supreme Court here complied. First, back in december, the court blocked jacksons attempt to skip over the d. C. s Court Of Appeals and go straight to the Supreme Court. Then, when the Supreme Court finally got the case, they sat on their decision for two weeks. When they will not only did they grant the review, they also granted a stay, which they didnt have to. They rejected jacks mitt proposal of a moral argument in march and settled on this april 22nd date, which is that last week that the court is scheduled to hear arguments this time. My favorite drummer in the world, the late nil perk once said, if you choose not to decide, you will still not have made a choice. Delay is a choice. When the Supreme Court wants quickly, it does. Like in 2000, it consciously chose the opposite here. Its abundantly clear that there is no one coming to save the democracy, only devote voters can do that. We have a lot more to get to this hour. Morning joe weekend continues after a short break. After a short break. 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. Meet the jennifers. Jen x. Jen y. And jen z. Each planning their future through the chase mobile app. Jen x is planning a summer in portugal with some help from j. P. Morgan wealth plan. Lets go whiskers. Jen y is working with a banker to budget for her birthday. You only turn 30 once. And jen z . Her credits golden. Hello new apartment. 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One of lives most under appreciated talents is to know when it is time to move on to lives next chapter. I stand before you today, mr. President and my colleagues, to say this will be my last term as republican leader of the senate. Im immensely proud of the accomplishments i have played some role in obtaining for the American People. I still have enough gas in my tank to thoroughly disappoint my critics. I intend to do so with all be a busy other with which theyve become accustomed. Elected to the senate from kentucky in 1984, mcconnell has led the gop caucus since 2007, making him the longest serving party leader and the senates history. Jonathan martin, your writing about this. What is the reaction, first of all, to his announcement . Also, who are the contenders waiting in the wings, potentially, to replace him . Well, their reaction is not surprise on the news, but surprise on the timing, i, think which widely assumed he would step down from his leadership post after the elections this fall. But the fact that he revealed this and february, just two months into the new year, i think speaks to the political challenges that he is facing. This has not been a pleasant season for Mitch Mcconnell. Somebody he despises, donald trump, is about to become his partys nominee for the third consecutive campaign. His party has moved towards isolationism that he finds, frankly, revolting. He is, perhaps, most painfully of all seeing his own power ebbing and the senate. He has coveted beating Senate Leader for years and years. Filing the job answer, obviously breaking the record, as the longest Senate Leader only to see his power really sort of slow at the end as a handful of younger colleagues have challenged him. Its not been pleasant for him. I think hes trying to get ahead of the jailer here, if you will. Hes trying to go out on his own terms. He doesnt want to be forced out by either a Doctors Orders or a rebellion of his colleagues. Hes trying to do it now and make the best of a tough situation. Look, there are three obvious figures who are looking at this in the current senate. Theyre all named john. The name is easy for us. John bristle of wyoming, john cornyn of texas, and john thune of south dakota. I think its more complicated of that. Thats the short and, mika. I think that this is hugely contingent on who wins the president ial election. If trump wins, this is still his party. I think he wants to have a say in who the next later. Is he could find somebody beyond the three johns. If trump loses, and this is purely a choice of the senators, i think john thune gets off the bench. John, lets hear about John Mcconnells