up to a gig on the go. plus, buy one unlimited line and get one free for a year. i gotta get this deal... that's like $20 a month per unlimited line... i don't want to miss that. that's amazing doc. mobile savings are calling. visit xfinitymobile.com to learn more. doc? another big week ahead, folks, but you know you will cs back here next saturday. michael tells us he will be back. a quick programming note for tonight -- congresswoman katie porter is talking all things capitol hill and the war in gaza. that is tonight only on msnbc. in the meantime, thank you, david.

allie, i just want you to know i effectively advocated for the team here at the table today with one of the big bosses. we will tell you more later. the table might get bigger. >> i'm liking that idea, because mobile will just see his face. i get more my news from kyle griffin and i think any other single source. his tweets go up for the news alerts go up. not only did that tweet go up. it's like, how do you get that news? for anybody who doesn't follow, you can really learn a lot of news by following kyle griffin. he's also an amazing writer. >> you must be a great multitasker. >> is probably tweeted this whole segment. you guys have a great weekend,

and we will see you next weekend. could morning to you. it is sunday, april 28th. a few days in american politics can compare to what we saw last thursday when a pair of court proceedings for donald trump as he runs for president while also facing multiple criminal prosecutions. in a manhattan courtroom, donald trump, the twice impeached, four times indicted former president who is also the presumptive republican presidential nominee was facing trial for one of his crimes. he is accused of falsifying business records in order to cover up a payment made to an adult film actress with whom he is alleged to have had an affair. that payment was to prevent her from going public with the potentially damaging story just days before the 2016 election.

prosecutors allege his actions were in service of hiding relevant information for voters in the final days of that campaign. one day prior to that in a separate matter of election interference, the former president was named as an unindicted coke and theater not one, but two cases related to a multistate effort to overturn the results of the 2020 presidential election. about 200 miles away at the u.s. supreme court, another one of trump's lawyers was arguing before the justices that the president should be immune from criminal prosecution for anything he did while in office. in fact, trump's attorney was forced to concede that in their team's view, residential immunity is so great, the president could get away with staging and military coup were planning the assassination of an opponent. >> if the president decides that his rival is a corrupt

person and he orders the military or orders someone to assassinate him, is that within his official act for which he can get immunity? >> it would depend on -- >> he said it would depend on the hypothetical. take a moment to process how wild that argument is. also take into consideration that trump is a leading presidential candidate for an election that is less than six months away, and that throughout his campaign, he has vowed to exact retribution and revenge against those he perceives to be his enemies if he is elected to a second term in the white house. the fact that a lawyer was able to make that argument at the supreme court on the former president's behalf speaks to how much trump has corrupted our politics.

but the fact that even some justices are entertaining his broad claims of immunity only revives the growing concerns about the credibility of that court. the justices spent a lot of time during the hearing talking about hypothetical situations and voicing concerns about how this ruling, one way or another, might affect the future of the presidency. however, in the opinion of some, they did not spend enough time on the specific case in front of them and the specific petitioner who brought that case, the one man who actively thwarted the peaceful transfer of presidential power. it's unclear exactly how the justices will resolve this. but it appears possible that their decision could add month of delay to trumps federal election interference case. if that happens, the case may not proceed to trial before the elections in november. trump is elected to another term, it may never go to trial

at all. nearly two years ago in the january 6 million invited to participate in one of its hearings, the judge opened his testimony with these words. quote, a steak was driven to the heart of american democracy on january 6, 2021. in our democracy today is on a nice edge,". the statement has aged well. our democracy remains on a nice edge because justice has not been served, and we face the possibility that the supreme court could play a role in delaying it further. joining me now is the retired former federal judge, previously serving on the fourth circuit of appeals. crucially, he help this country avoid a constitutional crisis when he advised them vice president mike pence that he did not have the authority to not certify joe biden's victory, contrary to what donald trump was pressuring

mike pence to do. it's good to see you this morning. thank you for joining us. >> could morning. thank you for having me on this morning. >> as he posted on social media , before the oral arguments on thursday, one of your takeaways was that, quote, the court and the parties discussed everything but the specific question presented. i want to see what you believe the specific question that the court should have been considering is, and why it didn't succeed in addressing it. >> the supreme court has now fiddled while the home has almost burned to the ground, trivializing the existential threat to america's democracy and the rule of law facing the country. america's democracy and rule of law are the heart and soul of the nation. it's our democracy and the rule of law that have made america the beacon of freedom from the

world for almost 250 years. donald trump's attempt to overturn the presidential election did drive a stake through america's democracy and the rule of law. his efforts to overturn the election disqualified him from the presidency under the 14th amendment, and it rendered him subject to prosecution for his offenses against the united states. 3 1/2 years later, the former president has remained unapologetically defiant. this week, he argued, as you said to a receptive supreme court that he is absolutely immune from prosecution for his offenses. and indeed that all presidents must be absolutely immune from prosecution for the crimes they commit while in the oval office. in order that he and all future presidents will be free to

faithfully execute the laws without fear that they will be held accountable for the crimes they commit while in office. that is an absurd argument being made before the supreme court, and it's an embarrassment to the constitution and to our country. this said, the supreme court's is seriously entertaining the presidents argument earlier this week, clearly telegraphing that it was tempted by this preposterous argument. all the while barely even mentioning the question presented to the court for decision. namely, that the former president can be prostic needed for the specific and remain in power against the will of the american people. there's not even an argument in the constitution that a

president of the united states is immune from prosecution for attempting to overturn an american election and cling to power in defiance of the will of the american people. the argument itself makes a mockery out of the constitution. our democracy and our rule of law. for this gravest of offenses against the country, then presidents can be held accountable for no crime that they commit. while they hold the office of the president of the united states. >> judge, we often have you here is someone who understands the law and constitution and electoral politics. but i want to just ask you now as a judge. if you are a judge considering a case, how do you draw the line? how do you draw the line between trying to use

hypotheticals to establish the boundaries of what the trump team is arguing versus discussing the very specific things that you are talking about? donald trump is accused of doing x, y, z. we can talk all day about hypotheticals. but as you state, he is accused of these things. that in itself is disqualifying. in the conversation of what presidents can do for all of eternity might be a different discussion. >> it is fundamental to the judicial process that a court decide only the issue that is before it. and no other issue. in this case, there is a pristine, clear issue of constitutional law before the supreme court of the united states. that is the question or the issue that i have just framed for your audience. the supreme court this past week

rarely discussed that straightforward, clear question -- it discussed everything but that question. so it resembled a law class, a conversation in a law class, about all of the possible crimes that a president could commit while in office. and what would be the consequences of prosecuting that president for those offenses? again, almost never discussing the single issue in front of the court. now, how does a court decide the issue before it? the constitution, applies the laws of the united states to that specific question and that

specific question only. without regard to the political or other consequences of the court's decision. the supreme court of the united states should've spent its entire 2 1/2 hour argument on whether the former president is immune from prosecution for having committed a grave offense of attempting to overturn the 2020 presidential election and remain in power, notwithstanding the votes of the american people. instead, of course, we never know what the court will do, but it seemed evident to all that the court will end up remanding the case to the lower courts, even the court of appeals in the first instance or more likely, the federal district court who's going to

sit and preside over the trial. if it does that, it is the most likely ask of that court to determine which of the president -- former presidents criminal acts constitute acts in his official capacity as president of the united states, and which constitute acts in his personal private candidate status, if you will. these are decisions likely that the supreme court -- it should make itself in a first instance when it has the case before it. again, it appears that the court will almost certainly remand the case to the lower court for that fundamental constitutional decision. the results, i believe, is that

the former president will not only not be trialed before the election in november, it is likely he will never be tried for the offenses for which he has been charged. >> that's a question i was going to ask you about what this does to the timing. one of the most talked about portions of the hearing thursday was justice alito's question regarding a stable democracy. let's listen to both of these. >> i'm sure you would agree with me that is stable democratic society requires that a candidate who loses on election, even a close one, even a hotly contested one, leave office peacefully if that candidate is the incumbent. >> of course. >> okay. now if an incumbent who loses a

very close, hotly contested election knows that a real possibility after leaving office is not that the president is going to be able to go off into a peaceful retirement, but that the president may be criminally prosecuted by bitter political opponents, will that not lead us into a cycle that destabilizes the functioning of our country as a democracy? >> this is one of those hypotheticals that doesn't actually address what is happening here. the basis of the questioning ignores the fact that we are actually dealing with a case of the only former president in the history of this country who thwarted the peaceful transfer of power. the hypothetical is interesting, and i'd love to hear legal opinions and discussions on that, but that's not what donald trump is actually facing. >> well, i'm not so sure that

is correct. that was a hypothetical question, but it was a mistakenly -- a hypothetical question directed at the current issue before the court. so i was astonished by that question, as were many others. but i reason from that question this -- that at least some members of the public court -- there argument assumes that the prosecution of the former president is politically corrupt. and it seeks, then, a rule that would prevent all future presidents from prosecuting their predecessors for like

crimes, or even lesser crimes. the problem with that argument, if you will, is that that would yield a rule that would unionize all future presidents from all crimes committed against the united states while in office. that simply can never be the law , but this supreme court is exploring exactly that possibility. >> judge, it's always enlightening to talk to you. thank you. a former federal judge on the u.s. court of appeals for the fourth circuit. we will be right back. for the acute treatment of migraine with or without aura and the preventive treatment of episodic

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last week, the federal trade commission voted to ban noncompete agreements. some 30 million americans, some one in five workers, are currently bound by some kind of noncompete agreement. non-competes typically prevent workers from taking new jobs with competitors who are starting a new business for a set amount of time. the ftc's rule also applies to all existing noncompete agreements. in a statement, ftc chair lena con said noncompete clauses keep wages low, and rob the american economy of dynamism. the ftc's final rule to ban on completes will ensure americans have the freedom to pursue a new job, start a new business, or bring a new idea to market. noncompete contracts essentially prohibit employees from working with competitors or starting a competing business

before or soon after their employment. it's understandable, they want to maintain their staff and prevent their competitors from poaching their workers. but they still tend to be unfair. traditionally, the domain of executives and highly skilled workers, non-competes are increasingly common in jobs that pay lower hourly wages because of how lower unemployment is. one of the clearest examples of the consequences that exist in the fast food industry were an estimated one in six food preparation workers are under noncompete. these are people that, on average, make roughly $30,000 per year. many fast food chains waste wages, but workers who had already signed non-competes had already sought out those jobs at higher starting salaries. in addition to increasing worker salaries, a report released by the ftc that it would decrease costs that lead to the formation of more than

8500 new businesses in this country every year. opponents of the ban argue that without noncompete agreements, businesses will have trouble maintaining workers and maintaining intellectual property or trade secrets. the ftc points out that companies are still able to utilize other kinds of protections like nondisclosure agreements. the ftc's ban is not a done deal yet. it's already facing challenges, as united states chamber of commerce, the largest business lobby, and several other business groups sued the ftc in federal court on wednesday, asking them to prevent the rule change from taking effect. this is a major regulatory change that was designed for pushback. now we have to wait to see whether the ftc's authority to ban non-competes will actually stand. coming up next, the supreme court is not the only court weighing in on president trump as his hush money trial picks

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donald trump's hush money trial picks up in new york again on tuesday. we one of testimony wrapped up writing. a former publisher of the national enquirer throughout the week admitted to using his publication specifically using a practice known as catch and kill. jurors also heard brief testimony from rona graf. nbc's joshua burns has more. >> reporter: the prosecution closed out the first week of testimony friday, but offering the jury a peek inside the operations of the trump association by someone who knows the former president best. calling his longtime executive assistant to the stand.

an apparent reference to stormy daniels. prosecutors say both women were shopping's tories of sex with mr. trump ahead of the 2016 election, encounters he denied. at the heart of the case, a $130,000 payment michael cohen made to daniels so she wouldn't go public, and how prosecutors say that payment was disguised. she testified, even though she no longer works for the trump organization, and the company is paying her legal bills. a former banker at first republic bank who helped facilitate the payment from: to daniels. the dates began with the defense team seeking to undercut the testimony of david pecker , the former publisher of the national enquirer, testifying at length about how he helped silence people who could have hurt mr. trump's election chances. esther trumps lawyer sought to

raise questions about mr. motive and memory. he said at one point, i been truthful to the best of my recollection. the tablet mogul also burying stories that he wanted to remove those stories to protect his family. instead, pecker said he believed it was all to protect his campaign. >> i do have to begin by wishing milani a happy birthday. she is in order. >> 20 now is barbara mcquaid, and an s nbc legal analyst. she is author of a very important book, attack from within. how does information is sabotaging america. by this book and give it to anyone you know who doesn't believe the news. i want to talk to you first about david pecker. this was very important testimony. it was important to make david pecker the first witness here because it speaks directly to what the aim was in having the

national enquirer take these stories and kill them. david pecker said in court that this was actually in furtherance of keeping this from the electorate so that it wouldn't hurt donald trump in the upcoming election. >> david pecker was a very important witness, and i think he came through this very strong for the prussic duchenne and really unscathed on cross- examination. when you hear a prosecution witness that appears to be doing well, i am always careful to say, wait until we hear about what happens on cross- examination, because the whole thing could fall apart. i think he came across as a friend and ally of donald trump. he did some important things. one is, he started the story that happens as far back as august of 2015, because this was all about the election. this had nothing to do with the election. this was all about protecting him from his family and his

personal reputation from disrepute by paying off the stories. and instead, what david packer said was what we knew all along, that this was about protecting the campaign. that's why we met in august of 2015 and not years earlier to discuss the plan here. we were going to make sure that the stories never saw the light of day. >> there's another witness that will come into the trial later, michael cohen, who has very specific evidence. some of what david pecker backs up, but michael cohen is going to face a lot of grilling on cross-examination by the defense. he brought in this banker from first republic bank who could corroborate some of the things that michael cohen has specifically said about loans and the money that was actually transferred. how important you think that was? >> very important. he's going to continue to testify when the trial resumes

on tuesday. we sometimes would refer to these people as document authenticators. these are people who don't really know a whole lot about the big picture here, but they can explain words on a document or why something happened. they can provide narration for some of those things. as we know, there will be efforts to undermine the credibility of michael cohen as a convicted perjure or and someone who has an axe to grind against donald trump. but if you can get the jury to understand the big picture, even before he testifies, that these things happen and people set up a business called essential can knowlton's llc the and even opened a bank account for that person, we heard about how stormy daniels was not only in their computer system, but stormy daniels showed up at the offices one day. those things establish those facts through credible witnesses so that when michael cohen comes through and starts talking about them, it seems

very believable because we've heard other witnesses without any credibility can already testify about them. >> you mentioned the entry of stormy daniels and karen mcdougal's name. that was provided by rona graf, who prosecutors are using. but i understand that her fees are being paid by the trump team. >> she only came in for one limited purpose. she didn't tell a whole lot about the details of the story, but she did talk about what she observed there working at the trump organization, and that included some important information about chemic google and stormy daniels. they ultimately tie the story together to corroborate other witnesses like michael cohen. i thought it was really significant that even on cross- examination, there was not a lot of concession made by any of these witnesses. the biggest concession was that she liked working with the trump organization, and maybe that is a reflection on who is

paying her bills, but i thought she was a witness that was effective, and she did everything the prosecution needed her to do. >> thank you. it's good to be with you this morning. barbara mcquaid is the cohost of the really important sisters- in-law podcast. i'm sure you will listen to it, but if you don't, it never a bad time to dart. attack from within. how this information is sabotaging america. it has to be one of the most important books that you should read, but it's a kind of good book to give to people who don't believe how much misinformation is out there. there have been at least 18 school shootings this year. he believes he's got a viable solution. next, we talked to justin jones and gloria john and, two lawmakers who faced expulsion from the tennessee house last year over there fight for sensible gun restrictions. ech .

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despite resounding pushback from parents and democratic lawmakers on tennessee on friday, governor bill lee signed a shocking bill into law that gives counties the ability to decide whether some educators can legally carry guns in public schools. republicans in the state house and senate pushed this bill through claiming it would reduce gun violence in schools and bolster safety. governor lee said, i think it provides a valuable option to schools who want to participate. there are states that differ on the way forward. we all agree we should keep our kids safe. that's why there's an option in the legislation that will be decided at the local level. i think that is the best way forward. we will fight guns in school with more guns in cool. under new legislation, some faculty and staff will be allowed to carry can yield

handguns after passing criminal and mental health background checks. the democrats have continually argued that this date would be better served by, among other measures, employing background checks and requiring safes origin firearms. as legislative debate ensued leading up to the passage of the bill, democrats in the house signed off. >> this bill is morally insane and we've come here for a year expecting you to pass common sense gun laws. you should be ashamed of yourself. >> teachers already doing four jobs and they are paid poorly for one. they are a teacher, they are a nurse, they are a social worker, and they are a counselor. now we are saying, put on another job. the school security. but we will continue to pay less than what you made 10 years ago. first of all, i cannot believe folks are even can during this period and then you are saying, well, take your pistol up

against an ar 15 and multiple other weapons. again, you are asking the ridiculous. >> you will probably remember the two people whom you just saw. they are justin jones and gloria johnson. two of them, along with representative justin j pearson who i spoke to on friday night became the faces of the antigovernment following the shooting at covenant school. in the wake of the shooting, the tennessee three, as these three have come to be called, joined thousands in protest of the states gun laws on the states house floor. the decision to fight back, small acts of courage were not met without consequence. both jones and pearson, who are black, were booted from the republican-controlled state house for their actions. johnson, who is white, dodged ocean by one vote. however, both men returned to

their seats last fall after local governments voted to re- enter date them. it's abundantly clear that the tennessee threes fight for more sensible gun laws is far from over. on the other side of the break, both justin jones and gloria johnson join me to explain why this new law threatens the safety of classrooms in tennessee. tennessee. the only migraine men that helps treat and prevent, all in one. to those with migraine, i see you. for the acute treatment of migraine with or without aura and the preventive treatment of episodic migraine in adults. don't take if allergic to nurtec odt. allergic reactions can occur, even days after using. most common side effects were nausea, indigestion, and stomach pain. it's time we all shine. talk to a healthcare provider about nurtec odt from pfizer.

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a few moments ago, i told you about a newly signed law in tennis the that makes it legal to arm teachers in public schools in an effort to reduce shootings in schools. that makes sense, right? i'm joined by two gun safety advocates who you may recognize from fierce protest last year following a school shooting were six people were killed. democratic state representatives justin jones and gloria johnson. thank you for being with us

this morning and your continued fight for the safety of our's tenants and citizens. representative jones, you posted that house speaker cameron sexton is growing drunk with power and we are, quote, witnessing the death of democracy in light of what happened with this boat. tell me about what you see happening here. your state surprised me again in that there are lots of options in between doing nothing and something, and they seem to have skipped through all of the more productive possibilities and went for the fairly absurd one. >> this is a very sad time for tennessee. the trauma of our community is once again coming to the surface, because our republican colleagues decided to push forward and push through this asinine and insane bill to arm teachers as a gallery was full of teachers, mothers, teachers, clergy, begging them not to. including families who have lost loved ones in shootings here in nashville.

the republicans push this bill forward by cutting off debate and then having the gallery cleared of the public and media , and that there's blood on your hands. they had me censured for recording mike and that you and, and i set online that this is fascism. this is a step against democracy and a step towards authoritarianism and the shameful trajectory of arming our schools and putting more guns in schools when people have been begging for a year for common sense gun laws to protect kids. the governor has spit in the face of those families. he is a coward and someone is going to be on the wrong side of his tree. >> there were such other options that were used in other places in america that have bipartisan support. there's possibly no better example of anti-democratic work than understanding how many tennesseans and americans support common sense gun legislation and doing what your

legislature did. i didn't have a chance to have you on the show on friday night when i had representative pearson on, but i ran a clip of you in the house sort of explaining to people as a former educator -- we ask a lot of teachers. we don't pay them enough. what we decided, by the way, that they are essential workers and we really need them and trust them. and yet now you are asking them to strap on a pistol as opposed to the type of guns that are generally used in these assaults, which are much more powerful than a pistol. and then you are asking an educator whose job it is to protect kids to maybe shoot an another kid. you may be targeting someone who may be her student. he may be doing something bad, but that's not how teachers are built. >> absolutely not. you put teachers in that sort of a situation. we know in a gun battle with trained police officers, they

only shoot with 18% accuracy. imagine a teacher with far less training in a situation where there are kids everywhere. when you mess, it's a child that could be killed. and the reality of this is we have done everything and we will keep trying to prevent the guns from ever getting into the schoolhouse door. we want the guns do not get near the schoolhouse door. they are trying to bring the gunbattle into the classroom. you know, teachers have to do -- they are nurses, they are social workers, they are counselors. and now you expect a second grade teacher, if she hears something out in the hall, to leave her classroom to go check on it? these guys have no understanding of what it like to be in a classroom or in a schoolhouse. and they need to start listening to teachers.

and i can tell you the teachers did not come to them with the legislation. every major county has already said no. since this is permissive, we are not arming teachers. they said no. no one asked them for this bill. >> the question is is that -- is it lobbies that continue to cause these legislators to do things that are completely not in the interest or don't have the support of their voters? >> exactly. if the nra and the tennessee firearms association -- that is exactly who it is. the lobbyist run this show. we never sought bigger until the last day of session where they were gathered around the tv to see if we gave that corporate 1.8 billion dollar tax break. i saw one person in the whole last week in the capital that was for arming teachers. one person, one day.

two times, students had rallies there. the parents and teachers and all the people talked about they were there every day of session, and there were a lot of them. >> representative jones, representative johnson makes an interesting point. i spoke with someone from williamson county last night were there superintendents that, no way. there are a lot of superintendents and school board counties in tennessee that i said no way. so the governor try to sort of say, it's kind of like the fall of rome. we are not changing anything. but in this particular case, unlike abortion rights, a number of your counties and said, thanks for the permission, we are not going down this road. >> that's exactly right, and i wish the governor would give tennesseans the right to have this on the ballot. 70% want common sense gun laws,

a ban on assault weapons. the majority of tennesseans across political spectrums want this, the governor has not heard them. i've been thinking deep and hard about what this is about, and i've been hearing from a lot of families, parents are afraid to send their kids to schools. i think what this is really about is that the governor is mad that his privatization of school bill failed the session. i want to connect the dots between this proliferation of guns and their attack on public schools. what was the thing they did to try to privatize our schools? were going to push through this bill on teachers. and our parents are scared to send their kids to public schools. i really think that's the premise of this legislation. >> i don't want my kids going to a place where there is more guns in my school's. it is remarkable what you have both done and your other colleagues have done for

democracy and for standing up for it. they tell me there's not enough people getting involved in politics. it's all corporatized and all of that. i point to you, tennessee three, to remind people that there are a lot of people fighting the battle and we should be proud of that. democratic tennessee state representatives justin jones and gloria johnson. we will be right back. oh that's fresh! ♪♪ ♪ (old spice mnemonic) ♪ i'm your overly competitive brother. and i'm ready for a rematch. game on. i've been practicing. what the cello? you want me to lower the hoop? foul! what? you going to tell on me again? foul yah? foul bro! here take a free shot go ahead knock yourself out. your about to get served. seriously? get allstate, save money, and be better protected from mayhem, like me. love you mom! wait till your father gets home.

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trumps

lawyer argue that he should be immune from criminal prosecution. the highest court in the land even entertaining this argument is half the story. will be 30 years since -- ended in south africa. we will look back on that legacy and the work that lies ahead for that country and democracy. another hour of velshi begins right now. so we can warning to you. a few days can compare to what we witnessed last thursday when corporate proceedings remembered the inflection point that donald trump has brought us while facing criminal prosecutions. let's set the scene. donald trump, the twice impeached former president who