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and lots of questions to answer, so let's get started. u.s. fighter jets have now shot three objects out of the sky, in just eight days. one in the world is going on here? we will delve into what we know so far, and the important questions that still need to be answered. plus, donald trump apparently does not want -- investigate a january. six as trump's lawyers prepared to fight that new subpoena, we'll break down his chances of actually getting what he wants. later, gridiron history today's super bowl, as the chiefs and the eagles battle for every yard, quarterbacks leading the tea...

Nbc's john allen joins us with more this morning. john, good morning. what does trump's team plan at this point? >> good morning, katie. according to a source with the trump's team's legal discussions, trump planned to intervene here and challenge this subpoena to is former vice president mike pence. this is not a terrible development for president trump. frequently tried to cite executive privilege on capitol hill, in this case the special counsel must protect these communications with the executive branch. traditionally, courts have given much more leeway to prosecutors in the grand jury see...

Privilege claim back in the 1974, ultimately forcing nixon to turn over the watergate tapes. joining me now is former federal prosecutor in msnbc legal analyst, cynthia oxley. cynthia, good morning. i want to call it straight out of the gate. does trump win or lose this legal battle? >> he loses, i don't think there's any question. not only did he leaves the archives case that you mentioned, in short, but he also lost greg jacob and phil betts and cipollone. it is eventually going nowhere. the problem is it is yet another delay tactic by trump. but remember there are other things that trump ca...

This have always been in the airspace over north america, and we are just more attentive to them now? >> most people you talked to know what they are talking about say that is actually the case. we do know that they were at least three that came over the united states during trump's presidency. but there have been lots of them that we are going back into the records. and we will probably determine that this is been a fairly regular occurrence for years and years. relatively and sophisticated way to say and spy equipment over a country. it is a victorian era ploy, but in fact it works especiall...

And the investigation, which was extremely not done by an outside party. nothing ever happen, and they cannot force the justices to sign statements. justice alito was credibly accused of leaking a prior case. and when he said no i did not do, it there was no investigation, that was the end of the matter. they are going to have to become more transparent, from not only disclosing it more financial information, more persons information, and going all the. way they're gonna have to put a camera in that courtroom. who do they think they are? they deserve -- they think they are the supreme court fo...