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ramping up. what our team is just hearing from the doj. plus, in memphis, a sixth officer has been put on leave at the horrific beating and death of tyre nichols, what's happening tonight, what's next in that investigation, and the new development this afternoon on the calls for more accountability on the federal level. we'll take you live to memphis and to capitol hill in just a minute. let's start here in washington. i'm hallie jackson, with me now is nbc news senior white house correspondent kelly o'donnell who's with us. ryan noble, nbc news senior political editor mark murray,...

Join tens of millions of people making the easy switch by downloading the app today. duckduckgo, privacy simplified. (upbeat music) afternoon on one of the many legal challenges former president donald trump is facing. this one coming from the "new york times" citing people with knowledge of the matter reporting that the manhattan d.a.'s office will start presenting evidence to the grand jury today about the former president's role in paying hush money to a porn star during his first presidential campaign. itst not clear whether the d.a. is going to charge the former president. this signals th...

Testimony because what's good for the goose then becomes good for the gander and the biden administration knows that should they face a republican congress the same thing could happen to them. >> okay, but danny, the actual events that we're talking about they did occur while donald trump was president, so does it matter if he's now out of office? i mean, are those things that happened then not still privileged events? >> again, that's an open question as to what extent, to what extent a former president can invoke executive privilege. the lesson we learned from what's called nixon two, the se...

Biden have no choice but to deny president trump's executive privilege claim? he would not want to be seen as obstructing the january 6th investigation, right? >> no, and if you look at the polling on this, there was a really good pew poll that showed while support of the january 6th investigation and for holding people, finding them and then holding them accountable for that insurrection has fallen pretty dramatically by about 22% amongst republicans over the last six months, of course amongst democrats it hasn't shifted. so amongst the president's own supporters, there's still a very strong ...

Could lay with them. alex. >> okay, lauren, thank you for that. joining me right now, msnbc legal analyst danny se value cevallos, and katty kay. what is the best case the biden administration can make that trump can't claim executive privilege? and is it strong enough to stand up to a legal challenge? >> the biden administration can say that they are not going to shield what they perceive as wrongdoing by the former president because when it comes to wrongdoing, even though we don't really know the full contours of executive privilege after the decades since the nixon cases, we know it exists...