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long road ahead here. >> dave, elise jordan here, so if you were someone who stormed the capitol, one of many people, and you are about to go and get sentenced or be tried, do you want to be in front of a jury or do you want a judge sentencing you? what do you think the recent result says for defendants who are going to face their moment? >> reporter: elise, if i were one of the defendants i probably would want to roll the dice with a judge because so far the department of justice is three for three on jury trials. these defenses have not worked. yesterday that defense was a reach. i mean civilians don't take orders from the president and trump wasn't in this unemployed exterminators chain of command. even if he was, you know, people follow orders to commit crimes can still be prosecuted for their crimes. i think the best defense may be, hey, the police waived me in. the one time it worked was in front of a judge, not a jury,
not the smartest in the room, they think they know what the media isn't telling everyone and they're above everything and he had to admit that he didn't know anything, he didn't know who rudy giuliani was, he admitted, he didn't realize he was the lawyer for the president. he had to sit through his wife's testimony talking about how he got sucked into the conspiracy theories after he was laid off from his job as an exterminator. while she was still working he was sitting at home, and at one point she even mentioned on january 6th she was kind of relieved to have the house to herself and it was quieter at home when he was off storming the capitol and stealing the coat rack and stealing a bottle of liquor from the nation's capitol. >> david aronberg, given all that was revealed over the many months since the attack on the capitol about what was going on in the administration, the text messages to mark meadows and to the people around trump, trump's behavior, trump avidly watching
and it was a judge who was appointed by trump who had said some controversial things, like wondering if the department of justice is treating the rioters in portland the same way they're treating the january 6th rioters. that defense of, police waved me in, may only work in front of that one judge. i have a suspicion after yesterday's verdict a lot of criminal defense lawyers are burning up the phones with prosecutors to try to get their clients a deal. >> state attorney for palm beach county, dave aronberg and justice reporter ryan riley. thank you both for your insight this morning. still ahead, presidential debates may be a little less interesting if there's only one candidate on the stage. the latest on republican plans to boycott events that are over seen by the independent commission that runs them. also, we will turn back to the war in ukraine with more expert analysis from david ignatius.
it chills speech and it could have lasting repercussions, and then the benefit, of course, is for desantis so he can run for president in 2024. he is in this maga arms race against greg abbott. he is clearly looking beyond his reelection this year to a presidential campaign and he doesn't care who gets in his way, even his former mentor donald trump. >> all right. nbc's marc caputo and state attorney for palm beach county david aronberg. thank you both for being on today. still ahead, people who reside in russia or belarus won't be allowed to run in this years's boston marathon. plus, we are hours away from a historic vote on the senate floor that is expected to confirm judge ketangi brown jackson to the supreme court with bipartisan support. but one republican senator, tom cotton, is refusing to back down from his widely condemned comments that judge jackson -- even fox news thought it was a
for palm beach county, dave aronberg. what do you make of the governor's position on this? >> the governor could cheer he won the case but it was on procedural grounds. it was a technical win. the underlying case is in play so it is a hollow victory. in fact, the court said we're not making a decision on the underlying merits of the issue. the state supreme court allows the lower court in a separate case to go ahead with the ruling that put a hold on the governor's executive order. the governor's executive order has not been implemented statewide because you have this stay-court in arlington, virginia, that said that the governor's order violates state law and the state constitution. it is up to the governor to appeal that ruling, and i think that the parents have the right argument here. i think they may win this because the state law in virginia changed last year to
will still have the power to require masks if they choose. joining us now, the president of the american federation of teachers, randy weingarten. practicing internist dr. lucy mcbride joins us. state attorney for palm beach county david aronberg. it is good to have you on. willie. >> randi, let me begin with you, the cover on the "new york post", "free the smiles" because we had the domino effect in the last couple of days. you had delaware, new jersey, connecticut yesterday saying they're ending the mask mandates in schools. do you think it is a good idea? >> i think we have to be talking about the off ramp for masks, and we asked for that conversation that's based upon science instead of politics back in november before omicron. the governor in new jersey made some pretty -- was pretty good
watching. >> yes. dave, really quickly though again, from what you say the constitution of the state of virginia gives precedence in these matters to the local school boards, right? if that's the case, this should be -- i mean, game, set, match for the local school boards when it is ultimately decided on its merits, correct? >> you would think so, joe. but in florida we have something similar in our state constitution and it didn't stop the state appellate court from ruling for governor desantis. you see the ideology of judges get in the way sometimes. they're supposed to be above politics, but sometimes you have judges who are conservative, they're appointed by republicans and they rule the way of the conservative governor. >> state attorney for palm beach county, dave aronberg. sometimes we see photos of
what we need to do to help our kids and stop making it harder for us. i think that the politicization, the stopping teaching of honest history, the mask debates, putting them into being mask police, all of this, they are exhausted. it is the hardest year. we not last year was hard. this is the hardest year ever. if you take a teacher anywhere, high school, junior high school, elementary school. teachers are out, they've been sick. a teacher is covering somebody else's class. they're "macgyver"ing it as i said every single day. they're amazing. i'm so glad that you see it. >> this have our eternal gratitude. >> absolutely. >> randi weingarten en, dr. lucy mcbride, thank you both for being here. mika. there's still the legal angle to this and we will talk to david aronberg about that. still ahead if donald trump