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hey, everyone. it's 4:00 in new york. i'm in for nicole wallace. special counsel jack smith is a prosecutor that stays out of the spotlight. he prefers to speak through his fiings. that's why his laltest brief in the federal election case merits our attention. over the weekend, the justice department responded to trump's claims that he is immune from prosecution. what he did was within the scope of his duties as president of the united states. it's an argument that trump was taking to the courts in order to get the whole election case dismissed. the special counsel is speaking to the...

what a change it made so fast. i feel like anything is possible after accomplishing what i've done with golo. thank you so much for letting us into your homes. we are so grateful. "the beat" with katie phang in for ari melber starts now. >> always good to see and thanks to you for everything. for the rest of you, welcome to "the beat." i'm in for ari melber. we start tonight with breaking news -- trump reportedly caught on tape. damaging new evidence in the trump classified documents criminal investigation. cnn is reporting prosecutors have obtained an audio recording of a summer 2...

the day is now in police custody. authorities say the 24-year-old, dion patterson, a coast guard vet, was arrested in a condominium complex. patterson is accused of killing one and injuring four others just afternoon local time inside a waiting room in a hospital facility in midtown atlanta. gary tuchman is there. you've been at the scene of the capture. what do you make of what police revealed and what are you learning from sources how it transpired? >> reporter: all right. we can give you additional information you haven't heard from the news conference. this man was captured in th...

a suspect in court. the man accused of killing a homeless street artist in new york city is arraigned. his lawyer says the former marine ha his head held high, but prosecutors laid out the case against him in the case that could put him behind bars. the battle forb bakhmut in ukraine is heating up. they claim it's gaining ground in admits to losses north of the city. are the battles part of kyiv shaping the battlefield for a counteroffensive that they hope could end the war once and for all. and now what? title 42 is expire d and border officials are seeing a spike in the number ...

i've never met this person in my life, he said, in 2019 after carol told the story in her book she's not by type, he added a few months later in an interview with the hill. today, during carol's testimony, he called the case a made-up scam he said her lawyer is a political operative and that carol should have produced the dress she was wearing that day joining me now from outside the u.s. district court in new york city is nbc news correspondent ron allen. so ron, some very heavy testimony today. what else did carol say, and how was she -- how was she pushed back how did donald trump...