Good tuesday morning, everybody. It is november 26th, im yasmin vossoughian, alongside nbc News White House correspondent jeff bennet, we begin with a court ruling that took a hammer to the argument that the president is using to stone wall the impeachment investigation a federal court judge has rejected the white house argument of absolute immunity. Ruling that former White House Counsel Don Mcgahn must testify in the impeachment investigation. Now, the House Judiciary Committee subpoenaed mcgahn earlier this year for testimony on possible obstruction of justice on the mueller investigation. When the white house blocked his appearance, the committee sued and yesterday a federal judge sided with congress writing in her opinion, quote, this, stated simply, the primary takeaway from the past 250 years of recorded American History is that president s are not kings. This means that they do not have subjects, bound by loyalty or blood, whose destiny they are entitled to control. The Judiciary Committee chairman jerry nadler says mcgahn should quote appear promptly before the committee but an official tells nbc news that the Justice Department will seek a stay to stop the ruling from taking immediate effect. The white house said in a statement says, the decision contradicts longstanding legal precedent established by administrations of both political parties. We will appeal and are confident that the important constitutional principle advanced by the administration will be vindicated. While the ruling only compels mcgahns testimony, the Trump Administration has used the now rejected absolute immunity claim to defy congressional subpoenas for Vice President mike pence, secretary of state mike pompeo, and acting chief of staff mick mulvaney. Former National Security adviser john bolton has not been subpoenaed, but people familiar with his views tell the Washington Post that he would testify if cleared by a federal court. Lets get some clarity on some of this. Msnbc legal analyst Danny Cevallos is joining us now in the studio. Thanks for joining us on this. This is major breaking news over the last 24 hours and it is interesting because so much has transpired on the washington landscape since the Mueller Probe was completed and released and they sought the testimony of don mcgahn, and here we have some resolution on that, basically saying that he cannot defy the subpoena, so what do you make of it . Where do we go from here . Does don mcgahn now have to appear . If the d. O. J. Does not seek a stay from a higher court, here the Appellate Court, then yes, he does have to testify. But the d. O. J. Will certainly appeal this, and ask for a stay. Which is asking a higher court to pause the lower court proceedings, until they can be heard on their issues. So thats where this goes from here. And danny, my read on this whole thing is this. Don mcgahn isnt really a central figure to the impeachment probe. But this ruling could open the door to people like john bolton, because john boltons attorneys have told us previously that if he was subpoenaed, we appear, but he wanted really the cover of a court order. Well, now he has it. So it looks to me like the ball is entirely in john boltons court. Only if an Appellate Court doesnt stay the issue. Because this is the strangest logjam of legal power of congress to subpoena individuals, because this exact issue was decided conclusively in almost identical facts back in 2007, the court, the same court, held that the, that there is no absolute immunity, that instead, someone would have to appear and assert executive privilege on a question by question basis, but the idea that you can completely ignore a congressional subpoena if youre a member of the executive branch is just blown out of the water here. But weve known this since at least 2007, because a court held the same thing back then. It is just that on appeal back then, in 2007, the issue was left sort of unresolved because the parties resolved it outside of court, so to speak. Put it simply for us here, danny, if you are a current member of the Trump Administration, or a former member of the Trump Administration, and you are aware that your testimony is incredibly important, especially during this current sort of ukraine situation that is unfolding and the impeachment inquiry, where do you stand, knowing that that subpoena could be coming down for you, especially with mick mulvaney, for instance. Thats right, so what this court tells us today is that there is no absolute immunity. There may still be executive privilege as to specific questions for example, but you cannot just say im a member of the executive branch, im a high level president ial aide and therefore i do not need to listen to your subpoena. A im completely outside the scope of congresss subpoena power. That idea is being exploded. It was exploded back in 2007. And now when push comes to shove and the courts are required to actually decide the issue conclusively, it isnt a surprise that longstanding precedent overrules what the d. O. J. Says is really just its internal conclusions and decisions. Danny cevallos, thank you. Appreciate it. We will talk to you again in a little bit, danny, thanks. A federal judge yesterday issued a preliminary injunction ordering the department of defense and the White House Office of management and budget to release records relating to Trump Administrations hold on military assistance to ukraine that is at the heart of the house impeachment inquiry. Now, according to axios, the decision follows a lawsuit by the nonprofit journalism organization, center for public integrity, over a freedom of information act request, for more than 200 pages of records that include communications between the pentagon, the pentagon comptroller, and the White House Budget Office. Now, the judge ordered the release of half of the documents by december 12th. And the rest by december 20th. And mark esper is weighing in on the firing of Richard Spencer following a controversial war crimes case. Speaking to reporters yesterday, esper explained that he was quote flabbergasted to learn that suspense her tried to make a secret deal with the white house concerning Embattled Navy seal edsy gallagher. He can demanded his resignation after learning about secretly approaching the white house. Espersua esper, said monday, that direct gave him a direct order to drop the allegations against gallagher. In the first tv interview since being fired, he told nbc news, that he spoke to the white House Counsel and said malone called back the same day to decline the offer, saying the president would be involved. Spencer acknowledged not telling esper about the proposal. Watch this. I will take the bat on me for not letting him knowdy this but he was completely informed on this because as chief of staff briefed ton. A spokesman for the pentagon disputed the statement telling the Washington Post that no one on espers staff was aware of spencers proposed deal. In the same interview, spencer also argued that he was trying to head off an order from the president which he said he could not in good conscience obey. What do i stand for as secretary of the navy . Good order and discipline of the United States navy. Thats a prime tenet this. In fact erodes that. Whats wrong with following a lawful order from the commander in chief. Nothing. Everyone should follow a lawful order. That is good order and discipline. I could not in my conscience do this. President trump is defending his involvement in the war crimes case telling reporters yesterday that he needed to quote protect our war fighters. Look at this. I have to protect my war fighters. Ive got an lot of people, a lot of people have, a lot of war fighters and people in the military have thanked us very much. With Eddie Gallagher, you know that story very well, they wanted to take his pin away and i said no youre not going to take it away, he was a great fighter, he was one of the ultimate fighters. Tough guy. These are not weak people. These are tough people. And were going to protect our war fighters. Former Navy SecretaryRichard Spencer hit back at the president s comments. I dont think he really understands the full definition of a war fighter. War fight ser a profession of arms and a profession of arms has standards that they have to be held to and they hold themselves to. Joining us now from washington political reporter for the Washington Examiner emily larsen. Gnk good morning to you. Thanks for joining us on this. Lets stick with this for a moment with spencer an esper here. How might President Trumps order for the u. S. Navy to keep the status of Embattled Navy seal Eddie Gallagher, how might it denigrate the militarys rank of command Going Forward . This has certainly already become a Campaign Issue for trumps 2020 reelection bid. With democratic rival Pete Buttigieg speaking out against this last night, saying that President Trump doesnt understand military service, and honor and process, and people buttigieg of course, is himself an afternoon veteran, and so those words might have a little bit more weight coming from him. But the reaction ive seen in reporting from, reactions from navy seals, has been a bit mixed, and i think mostly theyre very much just wanting all of this increased attention to kind of go away. They find it distracting and they kind of just want to get back to their jobs. But there are certainly people who are not pleased with how this has been handled and not pleased with President Trumps kind of subverting what was sort of expected in an instance like in in military discipline. On the other hand, there are other people who just would like the whole thing to go away so they can get back to doing their job. Emily, as you reported earlier, you have a federal judge basically ordering the department of defense and the White House Budget Office to hand over emails connected to the ukraine impeachment inquiry. The time line for this, though, apparently they have to hand them over by december. And a good portion of the impeachment inquiry might be done by then. So what do you think is the ultimate impact of this judges order . Well, i think its to be determined. Theres always the chance that the impeachment inquiry could extend further. I know that congress would like to get this wrapped up by hopefully christmas. And so that the potential summit trial could begin in january or february. But it is also unclear exactly what the impact the emails will have on the inquiry itself. What democrats are really looking for is more confirmation of kind of quid pro quo here. According to reporting ive read, there were some emails between omb and other agencies, trying to justify withholding this aid, but the legal justification or trying to find the legal justification came after trump made a decision to withhold the aid. And so regardless of whether there are more, this full surge democrat quid pro quotype things that theyre looking for, it could certainly be embarrassing for the administration, and not something that they would like to come out. Regardless of whether it backs the actual facts of the inquiry or not. It is interesting as were talking about politicizing the military, we are getting reports that the president is looking to get Eddie Gallagher on the campaign trail with him, which i think speaks to that immensely. Emily larsen, thank you so much. We will talk to you again in just a little bit. Still ahead, Intel Committee chair adam schiff details the next steps in the house impeachment probe as gop lawmakers prepare a rebuttal defending President Trumps behavior. Plus, how things will play out in the Upper Chamber as Mitch Mcconnell says he has no choice but to take up an impeachment trial in the senate. Those stories and a check on the weather when we come back. Skin sin 17. Too many afterparties. New neutrogena® bright boost with dullnessfighting neoglucosamine. Boosts cell turnover by 10 times for instantly brighter skin. Bright boost neutrogena®. cause no matter how far away for you roam. Ys. When you pine for the sunshine of a friendly gaze. For the holidays you cant beat home sweet home. The United StatesPostal Service goes the extra mile to bring your holidays home. Esper says. In the letter to democratic lawmakers, house intelligence Committee Chairman adam sif said that the committee is preparing to send a report to the Judiciary Committee once Congress Returns from thanksgiving recess next week. Schiff wrote in part that after two weeks of public hearing, quote, the evidence of wrongdoing and misconduct by the president that we have gathered to date is clear and hardly in dispute. He noted that it is now time for lawmakers to decide whether President Trumps behavior warrants impeachment. Schiff also added that the report will include instances of noncompliance with the committees subpoena as an example of obstruction by the trump white house, writing, quote, such obstruction was the basis of the third article of impeachment against President Trump richard nixon. Beyond that, the chairman did not rule out additional depositions from witnesses, saying that the committee is prepared to hear from them. Hours after adam schiff said his committee is preparing to deliver a report on the impeachment inquiry next week, as jeff just laid out, the House Minority leader Kevin Mccarthy announced that republicans are planning to release their own rebuttal to the probe. Schiff just came forward with a letter saying he will send a report to the judiciary, when we get back next week. Now, the republicans in the minority will have a report as well to go forward. Senate majority leader Mitch Mcconnell answered questions about a senate trial for impeachment and says the ummppe chamber will take up the trial because they have no choice. Take a look at this. Any idea how long the trial will last . There is really no way to know. There is no set time. Well just have to turn to it when we get it, and work the way forward. How long were on it will be determined by the majority of the senate. Do you think the president acted appropriately on his handling on ukraine . What . Do you think he acted appropriately by asking for an investigation . Do as i said, we will handle matter as it comes from the house, as we are supposed to under the rules. The chief justice, can you explain that. He presides over the trial. He is in the chair, the chief justice, he rules on all of the motions that are made. And one thing that will be good therapy for senators, theyre actually not allowed to speak. They will have to sit there and listen. Well, it seems a storm is brewing over washington, d. C. Do you like that . Youre feeling it today. Thats what happens when im by myself here. Kind of get punchy here. I told you, jeff, you should be up here. Thats probably why he left. Lets get a check of your weather with nbc meteorologist bill karins. Lets talk about what weather were not going to ex experience in the next few days. No heat and no hurricane. Everything sells on the table. A wildfire outside of sbrsanta a this morning. And a possible travel weather that were dealing with, areas of i25, heavy snow in denver spreading out to the plains. In all, we have two big storms. The first storm is here. That is the plains, up to minneapolis later on today, and then the second storm, this is the really strong one coming into the west coast, Northern California and oregon later today, in all 22 Million People are under a Winter Weather alert. And the heaviest snow today, some of it is already falling in colorado. And spreads through nebraska, and omaha is on the edge of it, but in sioux city, you will get nailed, and minneapolis, a possibility of six inches of snow for you and northern wisconsin and the Upper Peninsula of michigan, nine to 12 inches on the table. So that will make things difficult. As i mentioned, this storm was Strong Enough to produce isolated severe weather. Not widespread but in the memphis area, little rock, st. Louis, all of missouri for the most part and northern louisiana, a little sliver of mississippi, damaging wind is possible and isolated tornado and of course, airport plans, and the line of storm goes through, big delays, in little rock to memphis. Lets talk about the possible delays. Obviously with the snowstorm ongoing right now in denver, the possibility of significant delays, later tonight, in minneapolis, saint paul, the airport, we could have big delay, and of cause, with the thunderstorms from chicago, to st. Louis, the worst driving conditions, interstate 8