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here in new york by all appearances it looks like da alvin brag is wrapping up his investigation into potential hush money payments before the 2016 election. and there is a chance that criminal charges could be filed against donald trump a chance his former attorney, michael cohen, who served time for violating campaign finance rules when he paid porn star stormy daniels $130,000 to keep quiet about the affair she said she has with donald trump is testifying before a grand jury as we speak. michael cohen is he said that donald trump knew what he was paying for and knew that michael cohen, his lawyer, was doing it on his behalf we'll get into the evidence he could be presenting to the jury in a moment. we also have an answer from donald trump's lawyers about whether he, donald trump, will accept his own invitation from da alvin bragg to also sit for the grand jury. >> we have no plans on participating in that

proceeding it's a decision that needs to be made still, no deadline has been set so we'll wait and see. >> whether he speaks or not is almost secondary right now, the fact he got the invitation at all signals to some lawyers a decision on charges, a decision on charges, is likely coming so if he is charged, what happens next not just logistically like what are the charges and does he turn himself in but politically. do charges help him or hurt him with gop voters? trump will be in iowa today, are the crowds still showing up to see him? we have a reporter on the ground, and donald trump's opponents are watching closely as well. including former vice president mike pence who told a private dinner over the weekend that donald trump put his life in danger we'll tell you what else mike pence said and with whether he may say the same publicly.

joining me is vaughn hillyard and ron allen and susan craig, she won a pulitzer prize in 2019 for her reporting on donald trump's finances ron, let's start with here in new york michael cohen he sat with the district attorney i think 20 times now. >> at least. >> now he's sitting for the grand jury what's the difference? >> one difference, it's been over seven years now, and cohen has been saying the same thing during that period of time he's also served time and pleaded guilty to tax evasion and other financial crimes so that's one thing that's different. ha he's saying to the grand jury we don't know. why this is coming to ahead apparently now is unclear. here's what cohen said as he was about to go into the courthouse. listen. >> this is not revenge

what this is is about accountability i don't want to see anyone, including donald trump, prosecuted, indicted, because i disagreed with them. this is about accountability he needs to be held accountable for his dirty deeds. >> his critics would say this is revenge and why he's doing this. he was very close to donald trump and then he flipped on him, as you know it will be interesting to see, there is speculation this is going to lead to an indictment of donald trump. it hasn't happened in seven years, though. >> and a little more on what michael cohen might say. a few years ago there was a released audio of a conversation michael cohen had with donald trump where michael cohen said they're talking about hush money payments, the conversation, the recording, is a little unclear, though do we know what other evidence that might be included today in the grand jury what do you know about the details of what michael cohen

might lay out, or what he could potentially lay out? >> i think prosecutors bringing him in today, they're in the home stretch of this they're looking at him as a summation witness to pull together everything so far the grand jury has heard there's been a lot of talk about michael cohen's credibility. we can debate it he's known to be a liar, spent time in jail there's questions about his credibility. i think what the grand jury has been hearing over the last couple weeks is information and things that would bolster what he's going to be telling them. that's going to look like things like phone calls around the time of the hush money payment between donald trump and michael cohen and others were there text messages did michael cohen, after he got a call from donald trump text his wife and say, you're not going to believe this. and bank records will probably come into play there's going to be a lot of -- hopefully, i would imagine they have it if they're bricking this case, evidence that will support

michael cohen's story and he's coming in at the end so they can pull it all together with him. >> susan, ron brought up the fact it's been seven years do you have any idea why now is it because donald trump is no longer in office if that's it, he's been out of office now for a couple years. >> i think when you look back at the history of this. it's been played out very publically, cy vance, the former manhattan district attorney, he looked very hard at bringing this and was marching towards something when he left office a year plus ago. when he left and the new da came in, it took time and i think there was questions about whether or not the stormy daniels case should go forward it's had a lot of lives in this year people are like is it worth bringing we don't know if they have new evidence that alvin bragg said i want to bring it or did the guilty conviction they got

against the trump organization did that put the wind at their back and they thought we can with win this. but it has been a long time. there's also been a lot of other cases that they've been looking at like the valuation, did the trump organization submit false information to valuations. so they've been looking at a lot of stuff. >> i understand that donald trump has until thursday to decide if he wants to sit for the grand jury i know his lawyer was saying he was not going to do it on abc, and speaking to cbs saying the same thing but if he doesn't sit by thursday is that when we may see an announcement on a decision to charge >> grand jury processes are very secretive, they're not on a deadline but they're empanelled

for a certain amount of time we believe there were six or seven witnesses, cohen is the seventh or so, and the facts seem to be the same as they have been >> who else have they spoken to, the grand jury >> a couple of trump aides like kellyanne conway and a number of other people in the financial world of donald trump. because, again, that's what the allegation is -- >> that it was a payment michael cohen paid $130,000 he said with the understanding that donald trump was going to pay him back and that payment was listed as legal fees. >> it's not listed as hush money and that's what the trump camp will say he did what he did i didn't know anything about it. there was no affair. >> vaughn, you're in iowa. one of the stories of donald trump being in iowa for so many years was the giant crowds showing up to see him.

they'd wait all night in the cold are you seeing the same today? is the enthusiasm in davenport as strong as it used to be. >> reporter: there are several hundred here standing here on third street with wind gusts of 20 miles per hour i wouldn't say i'm having a plesh shpleasurable experience yet there are a couple hundred people out here to hear donald trump speak. they've been doing it eight winters now. michael cohen the individual you're talking about, he was here he was part of the campaign experience ahead of donald trump's first victory, there on election night, 2016 so for so many that have since departed or flipped or cut away from donald trump, arguably the folks that have donald trump's future in their hands are the supporters, the backers, the folks who have a say in the iowa

caucus next february and then ultimately come a general election if he ascends. >> talking about mike pence he was over the weekend at the gridiron dinner a dinner between elected officials and politicians and journalists. and he had some of his strongest comments about donald trump and the insurrection he said, president trump was wrong. i had no right to overturn the election and his reckless words endangered my family and everyone at the capitol that day, and i know history will hold donald trump accountable. he said history will hold donald trump accountable. why is he himself not holding donald trump accountable with an interview with the special prosecutor, jack smith, who's been trying to sit down and talk to him about january 6th but mike pence is saying no to not do that interview? >> that's the important part of the quote, history will hold

donald trump accountable, it's not necessarily that mike pence or the department of justice or jack smith will hold donald trump accountable. he made the comments this weekend at an off camera dinner here for mike pence i was here about three weeks ago in cedar rapids, iowa, which i put the question to him, forget the whole court battle of whether you, serving in a legislative capacity, should or should not have to sucomb to a subpoena why not just agree to testify? and he didn't give me a straight answer at that time. and mike pence and ron desantis they'd like to move beyond and have a substantive conversation perhaps but as far as the investigations continue and run parallel to the 2024 presidential campaign, thousands of folks show up to every stomp

that donald trump has around the country. the question is are there enough thousands to hold onto the republican mantle here. >> thank you all very much. joining me is law school professor and former assistant district manhattan rebecca moyfree and barbara mcquade. can you bring us behind the scenes into the room right now and talk to us about the conversations that are likely happening in the grand jury, rebecca? >> these cases proceed in fits and starts and this is unusual in that we have had so much press attention in that there's a way in had which people are following it in a way they don't normally follow these sort of cases. but the manhattan district attorney's office has a history of holding people accountable, especially those in seats of power that's an identity built

over a century and i think it sees its role in critical in doing that and concerns, questions about whether and how this would be in the public interest. so my guess is those questions are going on and at this point have been largely resolved in the direction they are going to seek charges in this case. >> what sort of charges can they seek in this >> there's a statute in new york called falsification of business records, it's a crime in new york to lie on your business records with an attempt to commit fraud if you're doing that to commit another crime that becomes a felony, it's a low level felony but a serious crime and part of the tool box, the district attorney's office uses and has used to pursue crime, especially white collar crime. >> what about the connection between what michael cohen did

and donald trump michael cohen saying this was hush money, pleading guilty to violating campaign finance law donald trump as it's listed, this is a legal payment for legal fees how does the da -- or what does the da need to do to prove that this was money going to get women not to talk about the affairs that they claim they had with donald trump? >> right so as you say, first of all, the district attorney has to prove that and if they want to establish that felony charge, they also have to prove that he did so in order to help his campaign in other words, it was a campaign contribution. he is going to claim not only that he never had any relationship with this woman and all of this was extortion, he's also going to claim, my guess is, this wasn't a campaign contribution, it was rather to protect melania from public

embarrassment and that wouldn't be a crime so the levels of proof are important and in order to do that they need michael cohen's significantly corroborated >> what's it going to look like, if donald trump is charged, how does the da proceed in booking him? does he show up voluntarily? what does that look like >> i would think that he would show up voluntarily and i would think it looks like any other case where there will be an arraignment and most likely the former president will appear and the charges will be read and his lawyers will plead one way or another and the -- you know, the point is in the public arena this gets played out in a different way. >> even if you have secret service following you around let's talk about january 6th and the insurrection mike pence is coming out saying

donald trump is responsible, history is going to judge him for this but at the same time saying i can't speak to jack smith because the speak or debate clause donald trump is also trying to stop him from doing so i know these comments were made in a private setting but do these comments do anything to the case for or against mike pence actually sitting with the special counsel? >> i don't think so. mike pence is trying to thread a political needle here. putting his finger up into the wind to assess how his potential voters feel about holding donald trump accountable. i think that he has made it clear that he wants to at least make a show of doing all he can to challenge appearing before a grand jury i think ultimately the issues will be litigated, the speech or debate, the executive privilege

argument and i don't think it'll stop him completely from testifying, it may narrow the questions but this way he can look like he went kicking and screaming, holding his head high in the eyes of certain voters but i think jack smith will ultimately get him in the grand jury. >> these are just two of the very many investigations into donald trump that are currently going on right now barbara mcquade, rebecca rhopie. thank you. coming up, what does jerome powell do now? why elizabeth warren is saying i told you so. and the latest on the dominion suit against fox news there's a deal will there or won't there be a prisoner swap?

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and what is jerome powell do now? it was expected the fed was going to enact a rate hike again next week but with two bank collapses there's questions whether the fed will hold back joining me now is stephanie ruehl and stephanie gosk, and ryan noble we're talking about svp and the other bank that collapsed. >> signature. >> thank you and the fed, though, part of what happened with these banks, is that the fed was raising rates and the banks were -- >> i wouldn't blame the fed. >> rates were changed. >> they won't say that out loud but even goldman sachs in a statement last night backed off how much they think the fed could raise rates.

until now, jay powell has been clear, the number one priority is ensure that inflation goes down for example, we know that maybe rates going up could impact employment in this country, maybe the unemployment numbers are going to tick up, he's like we have room on the unemployment front we don't have room on the inflation front. however, if we end up with an actual banking crisis, if we end up with something that is economically disastrous, which we probably won't, that's a big thing for the fed factoring into their decision making going forward, is it going to make them do an about face? who knows. but they're looking at this. >> the fed tweeting none of the money deposited is affected. it's going to be backed up, everyone is having access to the money and doing it without taxpayer help. what are the politics of this in washington right now >> there's a lot of different

layers to this and some has to do with the policy decisions a couple years ago when the banks were deregulated and the culture wars within the republican party and as a result it could end up with a staring contest on capitol hill in terms of whether there's any real reform. there's senators like elizabeth warren blaming the deregulation laws passed in 2018 as part of what caused this to happen but then you have some republican members of congress accusing the business practices and the investment decisions made to take into account things like environmental concerns and diversity as to what led the bank fallout so there's going to be a lot of finger pointing in washington as there often is on issues like these. but whether it leads to any resolution or policy precipitation i think we're a long way off from knowing. the treasury secretary is going to be on capitol hill later this week and she'll be asked some

tough questions and maybe that begins the process but right now it's hard to forecast what congress could do to respond to this >> elizabeth warren says, she told you so -- let me read it, i wish i'd been wrong. had congress and the federal reserve not rolled back the stricter oversight, svb and signature would have been subject to stronger liquidity and capital requirements to withstand financial shocks but because those requirements were repealed, when an old fashioned bank run hit svp, they couldn't with stand the pressure and signature's collapse was right behind explain that in laymen's terms. >> they rolled back part of dodd frank. one of the reasons they were doing it is not just because of

letting banks run amock. it's regulatory capture. big banks can afford it, we'll hire another 10,000 people, no problem. a regional bank, community bank -- >> but svp is not a community bank. >> it's not. i'm speaking to when they deregulated. when they deregulated the idea was it's because they want to try to help the small banks do more business. however they deregulated too much svp went from $40 billion in assets to almost 200 in the height of covid. she's right in that deregulation hurt and what we need is smart regulation but when they deregulated, there were arguments to be made we're trying to help some of the smaller banks but without enough rules things go off the rails, at least they did for this bank. >> the white house said they

want to spread the contagion -- >> they're worried about it. this is the problem with the finance world. it's not just about the money. it's also about the psychology of this. if people are spooked, people are spooked. svp was a particular kind of bank, a bunch of clients with cash strapped businesses so it was unique in that way however people said i used to love my small, regional bank, should i not put my money there? that is leading to what happened today. the small banks are way down, had to close trading on a dozen of them because the triggers were triggered you could say, this is a little bit of a rational reaction to what has happened to svp because we're talking about banks in very different circumstances. >> say i woke up today and i had my money at a regional bank if i listened to the president today saying i have your back. they see the svp depositors

having their money they're saying i'm going to move my money out of a town bank and then panic begets panic. >> i know banks are down but the rest of the stock market is mostly up. check the numbers now, ahow do you square that? >> banks are down because remember, wall street is different from main street, even if svp depositors -- >> they're connected. >> they're connected but different motivators i might be a depositor i'm saying i'm nervous, taking my money out. depositors got their money back, but investors shareholders didn't if you're an invest i might want to be out of banks right now >> one of the questions i have, this has been part of the backlash to what biden has done the idea that banks are going to keep on overleveraging, the big risks because government is

going to back them up. >> 100%. >> but they're only backing up the depositors so does it deinsenty vise taking the risk >> no. >> they're all of our jobs. >> before they lost their jobs today they made millions and millions now the government said i'm going to be a permanent backstop banks could say i'm going to keep rolling the dice -- >> but bonuses are going to get clawed back, right >> right or the government claws back the bonuses, people lose their jobs, there's stricter consequences and then maybe they're singing a different tune >> i think there's another part to the story the average american waking up going is my money in trouble the this morning we were chatting about this earlier. the average american household has less than $50,000 in the bank, money. >> it's fdic. >> up to 250,000. >> it's insured whether it's a big bank or regional size bank

this is about how the banks conduct their business how much the government is going to get involved in that and whether there's reverberation. >> you do have it in writing. >> more than $250,000 you 'sitting pretty with the government backing you thank you all. coming up, what lawyers are saying about the january 6th footage tucker carlson showed of one rioter in particular a lawsuit made more than a million pages of fox news public what the case could make against fox news brewing their own legac. or the wrens, with their drama free plot - tranquil and serene. the upshaws? they diy, all the time. while the nelson's play lead in their own adventure,

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text messages from some of fox news' top anchors have rocked the network in recent weeks as you know. you heard all the standout statements by now that tucker carlson wrote he lates donald trump passionately la laura ingraham saying sidney powell is lying, it's insane the comments are unflaterring and hypocritical but are they damaging to the tune of $1.6 billion "the new york times" lays out the challenges dominion faces in its defamation case and concerns whether a judge might rule to

exclude those messages at trial. joining me now is the reporter behind it, jeremy peters jeremy, excludeing these international messages, why? >> well, fox lawyers and they've hired an army of them. some of the best and most expensive in the country, are going to move to exclude as much evidence as they possibly can ahead of a trial now, of course, it's up to the judge ultimately to decide what text messages, what parts of these depositions get included none of that is to say that this isn't an exceptionally strong case that dominion has against fox news lawyers, first amendment experts i've spoken to consistently for months and months before they knew what was in the depositions and what was in the discovery have told me this is one of the strongest defamation cases they

have ever seen against a major media organization and that's because, katy, there is just so much evidence there's 20 alleged instances of defamation spread across six different shows, from tucker carlson to ""fox & friends"" lou dobs usually in cases like this you have one sentence in one news article or one opinion column that's the subject of a defamation lawsuit here it's show after show, night after night, day after day and it's still a strong case the question is, what does a jury get to see. >> talking about what a jury gets to see. let's talk about what the public might get to see there are these redactions in court filings, not just personal information but it seems entire pages of information at times. i know that dominion asked for

those redactions to be cleared, and other news organizations have done so as well any indication when we could get a ruling from the judge? >> "the new york times" is part of this legal challenge. we have asked -- we were the first to ask the judge in this case to unseal what are extensive redactions we don't know, ultimately, what this judge is going to decide, but he has cautioned the attorneys on both sides of the case, if you overredact, i'm not going to look kienlly upon that. i think by the end of the week we should have a clearer picture of what gets unredacted. there's a hearing coming up one week from today in delaware superior court where the trial will take place and we expect some of the redactions will be made available to us by then >> do we have an idea when this could go to trial? have they had the summary judgment hearing yet you tell me the time line?

that's monday? >> a week from today when the summary judgment hearing will be that judge has actually laid out everything in place for this trial to start in mid april. he's scheduled about a month for it to take place so you're looking at mid april to mid may and that's when, you know, dominion will call its witnesses, fox will call its witnesses. we expect a lot of fox personalities that are household names to be taking the stand i'm not sure about rupert murdoch or any member of the murdoch family who might be called you can expect dominion would like that very much. but this will be, you know, as somebody described it to me, the media news trial of the century. >> if it goes to trial because we could see a, potentially, some sort of settlement after summary judgment if there will be one that's a big if. it's unclear if dominion wants

to settle the case or bring it to trial to prove their point. thank you very much. federal prosecutors are pushing back against claims that the qanon chancellor was exonerated by footage on tucker carlson's show it came in the case of five proud boys lawyers referred to this video carlson showed of the qanon shaman escorted around parts of the capitol. the defense used the video to try to dismiss the charges against the proud boys proud boys is the organization, i kind of said that funny. prosecutors are saying this clip that tucker carlson aired is out of context and it doesn't schmohow the tot of what jacob chansley did what did they show

>> i would say only the prosecutors say that's just the facts, right tucker carlson is putting together a dishonest portrait of what happened that day not something that someone agenting in good faith and honestly could put forward say look at these clips. what they don't show you in the clips is what all led up to this jacob chansley, goes to the top of the immediate tower, you know where we've seen the most violent scenes of january 6th by that tunnel? this is right before they breach that but there's a police line there. he's at the top of the media tower as the chaos is going on, as officers' lives are being threatened, barriers are being broken for the third time. at the front of the pack of rioters, amongst the first people to break through when the window is shattered, within seconds of the window shattered

he's right there goes inside. and then he's outside the senate chamber for about 30 minutes bf this takes place and there's chaos around the capitol. so this wasn't a case of officers escorting someone around here, this was an overwhelming event where they were so -- they had -- they didn't have the man power they n needed in order to take care of the problem and it took a while to get enough police to clear the chambers so he picks these small moments out of this on overall horrific event and makes it seem like it's nothing and it's a disservice to the officers who had to make strategic decisions because they had no idea what the members of that crowd had there were members of the crowd who had gun. there were armed members of that mob. that has been proven time and time again there were guns dropped on the

u.s. capitol, in the tunnel. to cherry pick these moments to make it seem like this was no big deal is extraordinarily dishonest. >> ryan, thank you very much. and californians can't catch a break. the state is again braces for another winter storm we're going to show you how bad it can get and where first, though, are they or aren't they coming home? iran says yes, but the u.s. says no what's happening with a potential prisoner swap? ♪ it's our turn now we'll make it up again. ♪ ♪ we'll build freelance teams with more agility. ♪ ♪ the old way of working is deader than me. ♪ ♪ we'll scale up, and we'll scale down ♪ ♪ before you're six feet underground. ♪ ♪ yes, this is how, this is how we work now. ♪

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the state department is strenuously denying claims by iran's top diplomat that tehran has reached a deal with the u.s. to swap prisoners. iran has been detaining three americans on espionage charges state department spokesman ned price is calling the claim a, quote, cruel lie nbc news has reached out to the white house but has yet to hear back joining me is alli aruzi explain why iran would say this if it's not true. >> that's a good question. as you know, relations between iran and america are strained

and any deal between these two are usually very opaque. there has been something going on behind the scenes, no doubt about that they've been talking about prisoner swaps for quite some time but the iranians and iranian state media last week said a deal had been reached they were on a cusp of a deal with the united states to release these prisoners and part of that deal was iran wanting frozen assets in south korea unfrozen they've been frozen due to u.s. sanctions, $7 billion worth of assets and the state media indicated that was a done deal that was happening and that's clearly not the case. for president biden to release $7 billion of frozen iranian assets is going to be a hard set for him. so that may give us a clue why

the deal isn't happening or why it's being delayed but the united states deny it saying it's a cruel lie by the iranians saying it only affects prisoners and their families but today, iranians said that's not true, we signed the deal with an intermediary in march, there's a u.s. signature on that so it's not clear what's going on, but the iranians want to try to get as much as they can from any prisoner swap and that is $7 billion stuck in south korea. >> you cleared it up a little bit. coming up next do not adjust your television screens. this is not a rereturn another, yes another winter storm is headed to california. what to expect and where to expect it and when it ghmit finally all be over. erful, easy-to-use tools power e*trade makes complex trading easier react to fast-moving markets with dynamic charting and a futures ladder that lets you place, flatten, or reverse orders

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it looks bad there what are people saying about just this endless stream of terrible storms? >> reporter: well, katy, they are worried about their belongings and their properties. this is a look at the situation they're dealing with you can see the car here behind me, it's this town, about 1,700 people live here, all of them evacuated since the levy breached on friday since then, the water from the river has continued to flow through the town and officials tell us they're working on repairing that levy, but it will be days before they say that's even fixed in the meantime, like you mentioned, they haven't been able to go in there and take a look at the damage to these homes. and residents have taken upon themselves to try to go through these waters, very high waters to get a look at the damage for themselves take a listen to what this person told us after he took a

boat through here gjust to make sure his parents' property was okay >> a lot of the people are farm workers here and farmers here and their whole year's livelihood is gone so, it's brutal for them my parents' neighbors home is up to the second story, flooded, you can see furniture floating you go by some of the people's houses in town here, their cars are flooded, inside the house is flooded. >> reporter: like you mentioned, this town is largely a migrant, low income community filled with farm workers, and a lot of the ones i spoke to, they are incredibly frustrated. just not too long ago, we a actually spoke to someone from the u.s. army of engineers, and they told us for decades that they know the levees across this river here were at risk of being breached but they didn't think that the property values here warranted the cost of those repairs.

so, the people i've spoke to said, hey, there's a large responsibility that this could have been prevented. and now, this evening, another atmospheric river is expected with and with that, officials say, there's a possibility that more rivers crest, which could create more problems and damage for the people that live here. >> and what about agriculture in the area any effect there >> reporter: yeah, the farmlands here, a lot of them covered with water, which would mean the harvest a total loss a lot of people here work on that land, so, that would impact them, but that's also going to impact the consumers of that harvest, because now, with that compromised, that means it's very likely that the prices for those goods will go up katy >> niala, thank you very much. and that is going to do it for me today on this monday. "deadline white house" starts next

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