committed the crime of falsifying business records with the intent to influence the 2016 election. then, the prosecution will recap their case and tied together testimony from their witnesses and the evidence including documents with handwritten notes accounting for just how the hush money payment was to be reimbursed to michael cohen, who testified that he did it at the direction of and for the benefit of donald trump. closing arguments will take up most if not the entire day, st which will be followed by judge mershon giving jury instructions, which should last about one hour. and then the fate will be in the hands of the jury that could reach a verdict as early as this week. trump is already attacking the jury instructions on social media. there is a significant development in florida and the classified documents case against him. jack smith is asking eileen cannon to modify the conditions of release in the classified documents case after he told the very dangerous lie about a standard deadly force protocol included in the search warrant for the fbi search of mar-a-lago , which took place while donald trump was 1100 miles away in new jersey. ey in a new filing he urges the judge to forbid donald trump for making statements that posep a significant, imminent, and foreseeable danger to law enforcement involved in the case adding, those deceptive and inflammatory assertions irresponsibly put a target on the backs of the fbi agents involved in this case as trump well knows. as lisa rubin points out, he is upping the ante with this filing because the consequences can include the immediate issuance of a warrant for the defendants arrest, a revocation of release and order of detention. and a prosecution for contempt. but perhaps, most importantly, if the judge denies this, it's immediately appealable to the 11th circuit under federal statute. joining us to get us started is joyce vance and she's the cohost of sisters in law and a senior fellow at nyu law. and we are joined by a national security attorney who represents people in the he intelligence community. my thanks to both of you. getting us started with a special edition. let's focus on the new york trial. we have the closing arguments tomorrow, as i stated. the defense goes first and then the prosecution. what are the key things you are looking forward to hearing? >> it will be that counterbalance between proof beyond reasonable doubt on the prosecution side, and the defense poking holes wherever they can't. it's like playing soccer. i used to think about this as a soccer mom. when you are the prosecution, you cannot let a single ball ba get through. and for the defense you don't care if it's pretty or clean. anything you can do that beats through the defenses of the other side is a win for you. if there's any room for reasonable doubt in the mind of the jury, it's all over. and the instructions from the judge will say they cannot render a verdict of guilty unless they are convinced the prosecution has given them proof beyond a reasonable doubt on all elements of the crime. that is where the dividing line is drawn.>> there are going to be some motions that will be argued before closing statements that will be denied. and a motion for a judgment of acquittal, meaning the judge could take the case out of the hands of the jury if the prosecution did not meet the burden. i hate to ask you this, but i have a theory. the jury has been off for a week and they've had time to go back to their lives and go back to their jobs and then they go to the closing arguments tomorrow. how quickly do you think we could see a verdict?>> part of this will depend on where the verdict comes down. if you are trump, you hope for sometime. what you are aiming for is hung jury. i don't think trump expects to get an acquittal, that he's aiming for a hung jury. the longer it takes, the more likely it is there are one or two holdouts that prevent a unanimous decision. so we will see how quickly they come back. i don't expect it to to be three hours. i expect this to be at least a full day. there was a lot of testimony and evidence presented that they will have to go through. the biggest thing is today by the credibility of the testimony of the evidence prevented by the prosecution and is it enough to connected to donald trump.>> before we pivot to mar- a-lago, i wanted to bring up something that trump posted last night where he was attacking judge merchan. he said he had to come up with three fake options for the jury to come up with and he said nonsense that i won't read out loud. talk about the fact that the law in new york does not require that the jury renders a unanimous verdict on the secondary offense. the intent to conceal or commit another crime. they only have to beyond a reasonable doubt come to a conclusion as to whether or not there was a falsification with intent. but the secondary crime does not have to be proven. >> i think this is confusing to nonlawyers. we know from watching legal shows on tv that jury verdicts in criminal cases have to be unanimous. there does have to be a er unanimous finding of guilt. what we are really talking about here is the elements of the crime and the element of the crime involves donald trump creating or causing to be created false business records and doing it with the appropriate state of mind and the intent to conceal another crime. were there does not have to be unanimity is on what that other crime is or how it was committed. that is well established in new york law. it's nothing that the judge has done or anything that is startling to near practitioners. it's a common charge that the d.a.'s office brings in the law is a path that has been well trod and there's nothing exceptional going on. >> in other words, trump was lying about the law. let's switch to mar-a-lago. this filing by jack smith was important to modify the bond conditions and we know it's premised on the idea that trump has been lying and surrogates have been lying about a standard protocol included in every search warrant done and executed by the fbi. assuming that judge cannon does not take up this motion, let alone maybe she denies it in the end, what's the recourse for jack smith?>> and this was kind of teed up in your intro. jack smith has two options. if the judge sits on this, he could seek a writ of mandate and go over her head and have the 11th circuit interbeing because this is the condition of release. but if ishe does deny it, he c immediately appeal under the federal statute to the 11th circuit. i don't expect judge cannon to sit around on this. i think she will move in terms of a time frame. the question is how long does she take to rule on it and how long can jack smith wait. this is one of the rare opportunities he has had to go over her head. the last time was jury's instructions and she backed off. will she do something here that gives them an opportunity to have her removed. >> there is this game of chicken that is going on between the government and judge cannon. even if she ends up denying it, it's not the first time that the 11th circuit has slapped her for making errors. is therer a time in which it does become a point where smith has to secret crucial has to seek recusal? >> i don't think he has to seek recusal. what happens here is cut two options. if she denies the motion, the government is entitled to peel a denial of the motion. they can go to atlanta immediately and ask the 11th circuit to expedite the appeal because of the risk to the lives of law enforcement involved in this conduct. by the same token, if the judge delays, the path is not clear, that they could ask for a writ that says a judge has failed to do something that they are obligated to do. so it would not be compelling the nature of her decision. it would just be an order that says you must hold a hearing. and the answer to your question about recusal is this. the 11th circuit has in the past, when they decided judge has too much skin in the game and can no longer be fair, they have delicately recused judges in that situation and asked another judge in that district to reassign the case. so what we will find out is it's clear that jack smith is ready to take a blow torch to the way this judge is handling this case. the question is whether the 11th circuit will have the appetite to do the right thing and replacer if necessary. >> it's absurd that we talk about recusal and writs of mandamus. my last question is in this filing on page 5, i thought this was an important paragraph about the fact that the fbi executed the warrant as planned on august 8th, 2022. and it talks about all of the precautions and preparations done so that none of this was sprung as a surprise on the ru u.s. secret service. trump new. he knew when they were going to come and when they were going be there. secret service facilitated entry for the fbi. considering what is at stake here, the fact that there targets being put on the back of law enforcement, is this something that merits the judge responding to the fact that this filing was done? there's nothing entered that says that trump must response what was filed by jack smith.>> i expect judge cannon to issue some sort of an order setting a deadline. for trump lawyers to respond so she can resolve this. i think that paragraph was a necessary public response from the justice department jack smith outlining how unequivocally false and complete garbage the original filing by trump's lawyers was and how they paraphrased and selectively quoted the use of force policy and how the trump advocates in the media have said this was all a means of trying to get trump killed and get his family killed. this was complete and utter garbage and that needs to be there on the public document. >> i love they say that the search warrant was a raid for mar-a-lago. if you picked it up that when it was michael cohen, it was not a raid. was a search warrant. thanks to you for getting us started. it's good to see you both. coming up, with the unofficial start of the summer, the bride the biden presidential campaign is kicking into gear. they are mourning to make sure that voters know the stakes of a second trump term. over 97% of eliquis patients did not experience a stroke. don't stop taking eliquis without talking to your doctor as this may increase your risk of stroke. eliquis can cause serious and in rare cases fatal bleeding. don't take eliquis if you have an artificial heart valve or abnormal bleeding. while taking, you may bruise more easily... ...or take longer for bleeding to stop. get help right away for unexpected bleeding or unusual bruising. it may increase your bleeding risk if you take certain medicines. tell your doctor about all planned medical or dental procedures. the number one cardiologist-prescribed blood thinner. ask your doctor about eliquis. some people just know there's a better way to do things. and some people... don't. bundle your home and auto with allstate and save. you're in good hands with allstate. a mystery! jessie loves playing detective. but the real mystery was her irritated skin. so, we switched to tide free & gentle. it cleans better, and doesn't leave behind irritating residues. and it's gentle on her skin. tide free and gentle liquid is epa safer choice certified. it's gotta be tide. okay everyone, our mission is to provide complete, balanced nutrition for strength and energy. yay - woo hoo! ensure, with 27 vitamins and minerals, nutrients for immune health. and ensure complete with 30 grams of protein. 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[ bird squawks loudly ] to a pet shop. meg's moving company uses t-mobile. so she scaled down her fleet to save money. and don's paying so much for at&t, he's been waiting to update his equipment! there's a smarter way to save. comcast business mobile. you could save up to 70% on your wireless bill. so you don't have to compromise. powering smarter savings. powering possibilities. we are continuing to follow breaking news out of gaza. health officials say at least 45 people were killed in the city of rafah after a fire was set to can't. world leaders have expressed outrage in the national security council issued a new statement this afternoon. >> reporter: a spokesperson with the national security council reacted to the strike earlier today saying that the white house is working with the idf and partners on the ground in rafah to assess what happened before the strike. they said the scenes coming out of rafah are heartbreaking and they defended israel's right to go after hamas, which israel said was the reason behind this. but the question for the white house is whether israel will face consequences for this. this has been the president's biggest fear for months. white house officials have tried to convince israeli counterparts against starting in the operations to defeat hamas saying it was not required to defeat hamas. and after netanyahu continued to go on with that they said that the u.s. would not support any ground operation without a plan to protect civilians and palestinians. that if israel went forward with that invasion without providing those plans, that the u.s. would reconsider future military support and white house officials said they've not seen those plans. we saw it the president -- now raising questions about whether there will be more pauses to future u.s. weapons and deliveries as well as questions on how this impact these ongoing cease-fire talks. officials say there was progress made over the weekend between the cia director and israeli officials. so there are concerns that the latest strike -- >> thank you for joining us. today the president marked memorial day by honoring those killed while defending democracy. >> freedom has never been guaranteed. every generation has to earn it. between the rights of many. it matters. our democracy is more than just a system of government. it is the soul of america. >> before his address the president begin the day hosting a breakfast at the white house for veterans and gold star families and military leadership before laying a wreath at the tomb of the unknown soldier. and a stark split screen between the president and donald trump, trump posted a lengthy rant on his social media platform. it began with, happy memorial day to all including the human scum. he went on to attack the judges who preside over his criminal cases. e. jean carroll was not safe from his memorial day message despite threats of a possible third defamation case against him. and while joe biden delivered the commencement speech to cadets at the u.s. military academy at west point, trump was booed and heckled during a libertarian national convention. >> the libertarian party should nominate trump for president of the united states. that's nice. only if you want to win. maybe you don't want to win. >> trump bragged about creating the conservative supreme court majority that overturned roe v. wade. that includes justice samuel alito. he will recently flew flags carried by the mop that attacked the capitol building and clarence thomas who said he wants the court to overturn the laws legalizing birth control and same-sex marriage and restore the law that would criminalize being . joining us now is kelly robinson. that juxtaposition between president biden and donald trump is important going into november. i want to highlight something that the hrc has done. if $15 million campaign to launch in swing states and have the manpower in those states to advance the biden campaign. let our viewers know why it makes sense to invest like that in the biden campaign. >> you said it. the choices in front of us could not be more clear. you look at joe biden and kamala harris. the most pro-equality administration. the administration that put board rules to have the stork levels of protection against harassment for lgbtq+ people. they have more pro-equality people through the building than any other before. against trump, someone who wants to be a dictator and wants to roll back the progress we've made and has said out loud that the people marching in charlottesville were good people. this is not about two candidates. this choice is the difference between two visions for the future and two principals of rights. the good news is we are not without hope and we are not without power. there are 75 million equality voters across the country. people who prioritize lgbtq+ issues. those of the people we will have turnout and make sure they decider future. >> let's drill down a little bit. that 75 million was amazing. of that number, hrc says 62% are younger than 40. 50% are nonwhite and 70% are women. we don't want to count the chickens before they hatch. talk how the messaging works. is there uniformity to how it is rolled out? different strokes for different folks. some things might be more important than others but equality is the most important overriding concept. >> these are voters that are allies. 15 million of them are black voters. so we have to make sure people know what is that stake, and when we talk about the difference between these candidates, overwhelmingly they decide that their vote has to be for biden and harris. but we are just talking about the top of the ticket. we are talking about senate races and the house races and the state legislative races and school board races. in the end the attacks against our community, all levels. we have to put champions in office to make sure we don't just protect the rights that we have but that we advanced more progress.>> it's not just lgbtq+ voters. there are those in the minority that are the black soldiers that you spoke about. talk about the fact that we saw that trump rally in the bronx on thursday, which was to show that there's some kind of support provided by the hispanic and black communities but he decided he wants to lean into racist tropes about black people as if that's supposed to with them over. but quite frankly, it's exhausting that he did this. it's exhausting. and he's not actually trying to win black and brown voters. he's trying to give us reasons to stay home. and we are not accepting the trash. we've already seen him. he has shown us who he is. we don't have to imagine what a second term would mean. don't look further than the supreme court. we have to talk to people now and one thing we know is that more so than any candidate or party, its organizations and issues and conversations one-on- one that change people's minds and get them to turn out. to anyone watching and feeling afraid, this is still a democracy and they have to count all the votes, and you're not without power. join the fight and talk to your neighbors and share your story about why voting this year matters. that is the single most powerful thing you can do to make sure that they show up this election cycle. >> thank you so much for being here. i appreciate it. president biden rolled out the red carpet when the president of kenya came to the white house. so why did the speaker of the house snub him? that is coming up. feel significant symptom relief at 4 weeks with skyrizi, including less abdominal pain and fewer bowel movements. skyrizi is the first il-23 inhibitor that can deliver remission and visibly improve damage of the intestinal lining.