good to be with you, i'm katy tur. could special counsel jack smith be on his way to appealing for the ruble of judge aileen cannon. his team filed a sport motion that had something of a threat, and a lot about what they worry judge cannon might be trying to do. we'll explain the fears and the threat in a moment. first, on the filing itself, prosecutors called judge cannon's request for jury instructions based on the presidential records act quote, fundamentally flowed. the pra is not at issue, his office said, and shouldn't even be included in the trial, let alone in the guidance for what the jury should deliberate on. quote, it would be pure fiction to suggest that highly

classified documents created by members of the intelligence and military presented to the president of the united states during his term in office were purely private. and that trump himself didn't even raise this defense until more than a year after he left the white house. decide now and give us enough time to appeal. smith's team is pleading. after all, the presidential records act isn't even what prosecutors have charged him with violating. it's the espionage act. judge aileen cannon has yet to respond, but as we wait, what might jack smith's team really be getting at. former prosecutor and msnbc legal analyst, charles coleman, and legal correspondent, lisa rubin. this was a biting moment from jack smith's team, and it went further than any other legal filing that we've seen from anymore in regards directly to judge aileen cannon's own

decisions. >> and the frustration almost leaps off the page. i want to give you and our viewers context, we are dealing with a judge who has left undecided a number of really important issues as we approach a trial in this case for which a date has not been set. and yet, despite that, she has asked both sides to propose jury instructions on this particular issue rather than submit jury instructions all at once as is conventionally done. what the government is saying is this is basically like a bad car crash between two totally different statutes, you have the presidential records act over here, the espionage act over here, and shall the two meet until now that one preempts the other. >> explain the presidential records act and why it is even at issue here. >> so the presidential records act, the purpose of that was to enable the government to hold presidential records after a person leaves office. it was to protect the government, not to protect a president, but trump's people

are citing a provision that says the president in their own discretion can designate certain records that are private of a purely personal character as presidential. trump's argument is that he could have, not that he did, but that he could have and had the legal right to designate all of the records he's accused of willfully retaining as personal and that by taking them with him when he left the white house, that is essentially the designation that he made. >> but, charles, hasn't the trump team filed a motion regarding this trying to say this case should be thrown out of because of the presidential records act, and if they filed a motion on it, why doesn't she just decide on that motion before, i guess, what does it mean to have her have the jury instructions be laid out before even deciding on that motion? >> well, katy, we're not trying to necessarily read the tea leaves as it relates to aileen cannon because if you do, you're all over the place. your question in and of itself,

how it's framed, appropriately framed, illustrates to our audience how backwards aileen cannon has been from the start, before the actual indictment itself, in terms of how she has ruled around this investigation, even when you look back to the decisions around the special master or what was allowed, what wasn't allowed, pre-indictment, when the investigation was taking place. aileen cannon has shown a very strong history of being partial toward donald trump. that is the most basic way that i can play this, and if you're talking about what it looks like now, what it's really shaping out to is skewing the calendar in such a way that her decisions will come down at a point that is ultimately prejudicial, what jack smith is arguing against the prosecution and prevent the trial from going forward before november, which is exactly what they will like to perform. >> if she doesn't decide on this, say it goes to trial, is there a scenario where she could decide on the presidential records act herself, even before it gets to the jury, charles?

>> there is, and i think that ultimately what jack smith is looking for is if that's the way you're going to go, let's get that done as soon as possible, so that i can move forward and appeal. without seeking damage, which is basically allowing the 11th circuit to instruct her on what not to do or moving forward in some other capacity on appeal. what he wants is a decision that's made, either you are going to put the argument to bed around the presidential records act entirely and leave it alone so that donald trump and his defense team can no longer touch it or grant that request, move forward in that way and give me the right to appeal because this has no business in this conversation given that he is not charged with violating that, but that he is charged violating the espionage act. because of that, he's trying to put pressure on her, make a decision one way or the other so i as a prosecutor know what i'm dealing with. >> there's a wrinkle here, there's two options, she could not decide on it, and then at

the end of the trial say that you can give jury instructions based on the presidential records act. they're worried that might prejudice the jury, and they won't be able to come up with a conviction, because that's not at issue and not what they're arguing, tell me if i'm wrong about that. she herself could say at the end of trial, you haven't proved your case. >> that's correct. >> donald trump is not in violation of this and throw it out before it gets to the jury. >> the government's concern about both scenarios is the same one. jeopardy attaches, meaning you don't get a do over, once you seat the jury. once the jury is empanelled, that's it. >> no double jeopardy, you can't get tried for the same crime. >> whether or not this manifests as a judgment for matter of law or in jury instructions that sets the jury down an erroneous path and leads to an acquittal. both are unacceptable to the government because it leads them without an option for appeal. >> so we have been talking about this now since she was assigned to the case. we have a history of judging

aileen cannon, we have seen the way she ruled, the way the 11th circuit has overruled her, and the question has been will jack smith's team at some point try to get they are removed if she doesn't, i don't know, behave as most judges normally behave, federal judges. what did you read from this filing about his intentions regarding that angle? >> hard to say, however, i think they're increasingly moving in that direction, but the difficult thing for them, katy, they can't ask the 11th circuit to recuse her, divorced from appeal. she has to make a decision one way or the other for them to go. >> what if she makes no decision? >> they can go to her and say you have demonstrated prejudice such that we're asking you to take yourself off the case, and if she says no, as i would expect that she does, then they could appeal that to the 11th circuit. i think in the first instance, they would rather ask a federal appeals court to take her off the case, and do that tethered to a particular decision rather

than a lack of any decision or delay. >> there's no trial date set. it's supposed to be in may. she had a hearing to set a new trial date and has not decided when that trial would be. that's a couple of weeks ago. lisa rubin, and charles coleman, thank you as well. a day after the stock from media company plummeted, donald trump is suing his truth social cofounders. the lawsuit allegations wes moss and former contestants, mismanaged the platform, and bungled their duties so badly that they should lose their stake in the company. joining us now, cnbc senior analyst and commentator, ron ensana. how can donald trump do this? >> i'm not sure he can. it seems like a grab to get $440 million worth of stock back into his hands. those two gentlemen, by the way, are suing donald trump, alleging that he's trying to increase the outstanding number of shares in

djt, which would dilute their ownership. it's a two-way lawsuit. very hard to tell exactly what he's suing them for given that the company has not been managed terribly well at any step along the way. it took in about $4 million last year and lost nearly 60 million, so not quite sure who's exactly to blame for the poor performance of the social media company that in size, revenue, profits, pales in comparison to any vehicle that's out there. >> you think this is potentially a money grab? >> it seems that way. whether he tries to dilute them by increasing the number of shares and reducing their stake in the firm or whether, as he's already done, sued to get their shares returned to the company and it appears it's a money grab, and he's trying to lock them out of the company whose idea belonged to them, and approached them some time back. >> how much money can they grab when the stock is tanking? >> a diminishing amount.

the president's stake has grown . it's now trading at about $48. today it's down 6%. if indeed he were to increase the number of outstanding shares, that would drive the stock down even further. so, you know, this is all the typical type of trump's gamesmanship that goes on in his business world. it's not necessarily part and parcel of the way companies going public typically operate. >> ron insana, thank you very much. and coming up, a change to the way electoral votes are awarded. what it would mean for president biden in november. plus, donald trump as the savior? what believers are saying about the former president's path to office, and how donald trump is capitalizing on it. and later, no witnesses, no evidence and a ticking clock. ho us republicans impeachment inquiry into joe biden, president biden, is drawing up. what they're now doing instead.

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their electoral votes by congressional district. joining us now, nbc news national political correspondent steve kornacki. so explain this to us, steve. why would this change the calculus for both president trump and president biden? >> it's one electoral vote but it could be very significant. take a look, this is where things ended in 2020. biden winning 306-272. just because of the census reapportionment, some states gained electoral votes, some lost, the same combination, if you re-ran under the new math, it would be biden 303, trump 235. trump would start out with three more votes than he finished with last time. if trump is going to beat biden, what's his most efficient path? it would be winning the states that were the closest that lost. the closest would be arizona, 10,000 vote margin. if trump got arizona, the second closest would be georgia. if trump got georgia, it would

be 262. now, that's where things get interesting. because as stands right now, to get over 270. he would have to win, pennsylvania, michigan, wisconsin, but watch this, because the trump campaign thinks it can flip nevada. it lost by about two points in 2020. republicans are really bullish about their future there demographically. let's say trump, instead of winning anything in the industrial states here, let's say trump was able to get nevada. under the current math, that would be close, but he would just miss. he would be at 268, and that's where the change, potential change in nebraska comes in. you can see the stripes here. that means biden did get the electoral vote in 2020. if nebraska goes to winner take all, the district that went blue around omaha in 2020, doesn't matter, the whole state would be red. all five electoral votes would go to donald trump. it would be that 269-269 tie,

that would go to the house of representatives. each state. not each member. each state would get a vote in the house of representatives, and republicans are likely to control more state delegations than democrats, so the expectation is that if it ever ended, 269-269, go to the house, it would be advantage trump, so that's the significance of nebraska. if that happens, trump can get the presidency with georgia, arizona, nevada, and he wouldn't have to touch one of these big formerly known as blue wall states. >> steve kornacki, thank you very much. and still ahead, the prophesy of donald trump. plus, what israel still has not said about world central kitchen and what israelis are demanding right now of benjamin netanyahu. netanyahu. i know what it's like to perform through pain. if you're like me, one of the millions suffering from pain caused by migraine, nurtec odt may help. it's the only medication that can treat a migraine when it strikes and prevent migraine attacks.

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the trumpet, the trumpet. he who blows the trumpet, so look at this, when does he come to power, the year of jubilee, 2017, god puts trump in power for the year of jubilee. he had to be elected when he was. >> there is a religious movement growing around donald trump, which might explain why you see trump hawking god bless the usa bibles, the only bible endorsed by the president of the united states. that clip we played you isn't a

one-off. it's not something you have to look hard to find. there's a whole corner of the internet devoted to donald trump as the savior, the fulfillment of prophesy, and it's taking root in the real world too. just listen to some of his supporters at a rally in iowa earlier this year. >> i feel like i'm in his shoes here. it's just like an example i always give. i say when jesus died, he died for us. he felt what we felt. he was wounded for transgressions, bruised for inequities. by his strife, we were healed. he did it for us. so when trump is facing all of these things, he's doing it for us. in our place. so now it's up to us to feel what he feels as well. we represent him in localities. when they are indicting him, we are being indicted. when they talk negative about him, they are talking negative about us. >> my first thought went to, well, jesus christ died to my

sins, jesus died for me, and so it connects in my brain that way. >> so what exactly is going on and why are so many eager to anoint the gop nominee. joining us "new york times" opinion columnist, david french, and john gans, writer of con man conspiracist. david, special thank you to you for pointing us in the direction of some of these clips we just played. talk to me about donald trump as the savior. how did this come to be? >> i'm so glad you played the clip because it's extremely representative of what we're dealing with, and so what you began to see really all the way back in early 2015, is a number of people in the movement, it's not just he's destined to save

the country but it gets very elaborate. later on in the same clip it talks about how you can read the bible and find the date of donald trump's birth prophesied in the bible. it's remarkable stuff, and so you begin to see how people are forming this kind of cult like following because they believe to the core of their being that donald trump has a divine purpose. as one friend of mine told me, she said, david, i was with you on donald trump until the holy spirit told me he was god's man. and in that circumstance, it becomes very difficult to have a conversation, to have a conversation about policy, about character, because what are you going to say, the holy spirit didn't talk to you. it gets very difficult. but this helps explain a lot of the zeal. >> i wonder, though, how this attached to donald trump, david. there's always been religion in politics. this is not a new thing, but it's different with donald trump. how did it attach so firmly to this person in particular?

>> it's when he won, quite frankly, in 2016, when he had this unlikely victory, a lot of people saw that as divine providence and divine vindication, god's vindication of their support. they didn't see it necessarily as a product of, say, the comey letter coming in late in the election or the product of hillary clinton's low approval ratings. instead, they saw it as evidence of direct divine intervention, and then people kept capitalizing on that and building on that until it became a full-on religious movement disproportionately concentrated in christianity. >> a lot of people might look at this and roll their eyes and say how could anybody believe that about donald trump, he's such a buffoonish type character, a new york real estate guy, he's admitted to adultery, he swears, makes fun of people, how could donald trump be the one that people are painting as the

savior? >> i think it does seem very puzzling, i mean, it's strange to think of donald trump as, you know, jesus christ on earth or any religious figure really. but there was always something implicitly about his appeal, he was a providential man. it was sort of implicitly religious, now explicitly religious. >> the deeply partisan aspect, how has donald trump been able to maintain such fervent loyalty? >> what david said is exactly right. by winning he won over a lot of people who thought, you know, that had questions about him, and now they feel like he's our guy and he can deliver. i also believe that as a figure, he projects, i mean, it's strange to us but he projects

success. he was the symbol of money and wealth and power in this country for a very long time. and he also has the ability or projects the ability to provide for his family. he has a very large family. it's a little bit of an unconventional family at this point, but he projects an image of a patriarch, of a father who can take care of his family. >> is the moment we're in different, though? there have been past figures like him that haven't been successful. there have been some that have been successful, but certainly ones in the past that have tried to be like donald trump, that haven't been able to go anywhere. isn't the internet culture, the ability to share that has made this so much stronger for him? >> absolutely. donald trump's ability to directly reach his supporters and people who would be open to it, without the media, without editorial decisions, without, you know, being edited in any way, definitely increases his reach, so i think that that's a huge part of it. he's able to reach over the head

of the liberal elites and speak directly to the kinds of people who would respond to his appeal. >> david, what does this mean? can we predict what this might mean for november? say donald trump does not win, like he did not win in 2020, but he's got this religious fervor around him, people who believe that there are prophesies attached to him. genuinely believe it. what happens? >> well, we know what will happen at least to some extent. people will be in denial. because, again, we're operating under new prophesies that now say he's going to reign again, he's going to win again, and so you're going to see, and an awful lot of people who will be in denial, they will believe he actually did win, and then you'll have an awful lot of people who believe any loss will be direct evidence of satan's effort to thwart god's divine plan. what we saw on january 6th is not insignificant number of christians who are whipped into a violent frenzy because of their view of donald trump's divine destiny. and that their view that

opposing donald trump was akin to, not just akin to, was actually opposing god's plan for this country. and when that occurs, it's extremely dangerous and can be very violent. we just don't know how dangerous or how violent it can be. but january 6th taught us that it can go very far indeed. >> how does the gop untangle itself from donald trump eventually, ultimately? >> i don't know. he's kind of their only thing going, unfortunately. he is the only thing that provides them with any kind of constituency or popular punch whatsoever. we've seen from the primary season that they just have no candidate who can capture the imagination of their voters at all. i mean, when he attacked the gop from the outside, essentially, he won their hearts and minds and they haven't turned back. >> no vivek ramaswamys, no desantis's? >> i'm afraid not. they don't have the juice. his charisma, his ability to entertain is really far and

ahead over all of those candidates, and no one comes close, and this is something he probably would say about himself, but it's very difficult to see a figure with the same amounts of talent arriving anytime soon. >> john ganz really good to have you. welcome to television. and david french, thank you as well. let's talk about what happened the other day in atlanta, the breaking news about a car ramming at the fbi office outside of atlanta. here it is. that's what happened a couple of days ago on monday. a report claims that social media accounts associated with the suspect in monday's crash had connections to qanon. joining us now, nbc news justice reporter, ryan reilly. what do we know? >> it's taken a bit to bring this into fox. a group called advanced democracy, some of the posts are sort of election denialism stuff in the wake of the 2020

election, you know, talking about releasing the kraken in connection with sidney powell who is of course one of the individuals who promoted these conspiracy theories, appeared at the rnc denying the election of 2020 saying it was stolen by, you know, dead dictators overseas, and all sorts of out there conspiracy theories that, you know, she was claiming. there's also a post from this individual or appeared to be associated with this individual saying i love you@realdonald trump. other posts show that he was suspicious of the vaccine mandate, and then there's a telegram account that you mentioned sort of up top, that linked to qanon. this telegram account that appears to belong to the individual using a bunch of things that have been matched up between his other social media profiles and telegram account, appears at one point subscribed to a number of qanon telegram groups where ugly conspiracy theories are being spread that

are really having a major impact on law enforcement, so, you know, the image of what was going on with this individual is still, i think, sort of shaping up, and we'll expect to find more now that he has been charged in federal court. we'll probably hear from prosecutors directly about what was motivating him. this is kind of one of those incidents of online sleuths being ahead of federal authorities on these questions. >> ryan reilly, thank you very much. and coming up, the bodies of the humanitarian workers killed in an idf strike in gaza are now in egypt. what the investigation into their deaths looks like and what the white house is demanding israel do once it concludes. plus, what it took to get an oklahoma official with white supremacist ties removed from the city council. city council power e*trade's easy to-use tools make complex trading less complicated. custom scans help you find new trading opportunities, while an earnings tool helps you plan your trades and stay on top of the market.

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the biden administration does not appear to be letting up on the deaths of seven aid workers, including one american if gaza. quote, it doesn't really matter how israel made the mistake, whatever the reason was that led to this tragedy, it's unacceptable and they need to do better, according to matthew miller at the u.s. state department. today the bodies of the world central kitchen workers were taken across the border into egypt, but still no definitive answer from israel on why their convoy was struck. the cars were clearly marked, and they were following a pre-approved route given to them by the idf.

in an op-ed, chef jose andres called his workers the best among us, and wrote israel is better than the way this war is being waged. it is a sentiment that appears to be shared by many israelis themselves, who once again marched by the thousands last night demanding prime minister benjamin netanyahu resign. joining us now, nbc news international correspondent raf sanchez. raf, i understand you have some breaking news about president biden and benjamin netanyahu. >> reporter: katy, that's right, an israeli official tells me president biden will speak to israeli prime minister benjamin netanyahu tomorrow. their last phone call was in mid-march and a lot has happened since then. this will be the first time they have spoken since monday night's air strike, killing seven workers from world central kitchen, including a 33-year-old american. it will also be the first time, katy, that they have spoken

since the u.s. allowed that u.n. security council resolution to pass. that resolution calling for an immediate cease fire in gaza, also calling for an immediate and unconditional release of the hostages but the israelis absolutely furious that this resolution did not explicitly link those two things. it did not make a cease fire conditional on the release of the hostages. netanyahu in a very public display of anger with the united states cancelling a visit to the white house by a senior delegation of israeli officials. they were supposed to be going to talk about what was, at that point, the big points of friction between the u.s. and israel. israeli plans to attack in the city of rafah where more than a million palestinian civilians are sheltering, so this will be a very important call between heroes two leaders, and it -- between these two leaders and it comes as the biden administration is ramping up the

public criticism of israel. it is not taking policy steps. there is no indication for the white house that they are going to put any conditions on american military aid to israel. we saw last week the u.s. agreeing to send more of these massive 2,000 pound bombs to israel. these are the kind of weapons, katy, that human rights groups say have caused such massive civilian casualties in densely populated areas of gaza, and there are still major questions tonight about that series of israeli air strikes that killed those aid workers. and we should say, our unbelievably courageous colleagues in gaza went and they found the remains of those world central kitchen vehicles. they were destroyed in at least three separate air strikes over a mile and a half long section of the coastal roads in gaza. so this was not, as chef jose andres has been pointing out

tonight, a case of these vehicles happening to be in the wrong place at the wrong time, as israel was bombing a hamas position. these vehicles were individually tracked down and destroyed from the air by israeli aircraft, the head of the israeli military saying preliminary investigation is finding that this was a case of mistaken identity that israeli forces believed these humanitarian vehicles somehow belong to a palestinian militant group or otherwise posed a threat, and that is why they carried out the strike. they say that mistake happens at night during complex wartime situation. they say they feel deep sorrow over it, but there are a lot of questions outstanding. and at the very top of the list is the one that you mentioned. how is it possible that israeli forces open fire given that world central kitchen had told them in advance where these vehicles were going to be. >> there are also questions of whether they told them while

they were still going. let me tell you a little bit about what chef andres said to channel 12. he sat down for an interview in english. we don't have the sound bite, i'll read some of what he said. he said, i don't think we are an unfortunate mistake. it was really a direct attack on a clearly marked vehicle whose movements were known. he also says what i can tell you is that world central kitchen, we were in a deconflicted zone, in an area highly controlled by the idf. there is no way anybody moves in and out without idf doing long searches, so i'm highly skeptical that this will be the case. i'm not sure what he's saying that this is the case, but he says he's highly skeptical. >> the president and benjamin netanyahu will speak tomorrow, raf, thousands of people on the streets of israel, once again,

after many nights of doing so demanding that he resign. raf sanchez, thank you very much. coming up, house republicans are firing off a string of oversight requests. what fresh line of attack they're weighing as the biden impeachment inquiry fizzles out. plus blevins gets the boot. what it took to remove a white nationalist from office in oklahoma, and what his replacement is saying. don't go anywhere. hi, what's your name? this is our new friend. we'll talk about it later, ok? (♪♪) what does a cat need? -chewy's here. (♪♪) [smash] (♪♪) no, no, no, no. that good? hey, wait, come back. (♪♪) is this normal? ask the chewy vet team. how much is too much catnip? for everything you need and everything you need to know. find it at chewy.

the impeachment inquiry into president biden has fallen flat after house republicans' star witness was charged with lying to the fbi. the effort now may not even come to a vote. so what is left for republicans looking to investigate? according to "politico," house republican committee chairs have issued nearly 50 oversight requests to different biden administration agencies. in the last month alone. joining us now, nbc news capitol hill correspondent ryan nobles. so quite a few letters, ryan. >> reporter: yeah, you know, katy, there's no doubt that the impeachment inquiry has been the biggest kind of spotlight that the house oversight committee has shined on the biden administration. to be fair, this committee has done a lot of work behind the scenes, looking into a wide range of issues related to the biden administration and their various agencies. they have had questions to the federal trade commission, they have talked about the origins of the covid pandemic, they have also talked about the biden

administration and their relationship with the chinese government. these are all things that oversight believes is within their purview, and it's also something that they believe that they can have an impact on. and the house oversight chairman has promised as they wrap up all of these investigations they're going to issue a long list of legislative suggestions that could help to fix what they see as some of the problems that have been developed over the past couple of years under the biden administration, but it's also important to point out, katy, that the impeachment inquiry isn't necessarily going away. they are not going to have a press conference where they announce that the impeachment inquiry has come to an end and it has resulted in them not casting votes on articles of impeachment, instead what you see chairman comer shift their focus to what he's calling criminal referrals. he has said he believes the committee will put out a long list of criminal referrals of members of the biden family that they will then forward to the justice department. there could be a two-fold

purpose of that. part of it would be to put merrick garland in an awkward position, and allow the trump administration should he win in november. and joining us now, here on msnbc, michael steele, so when at first you don't succeed, try, try again. >> just take that spaghetti and throw it all up side the wall, you know, throw it out the window, maybe it will hit someone walking down the street up side the head. that's kind of how this is playing out, and the result of it is it's messy. it's incoherent. and largely, the voters aren't paying attention to it because of those first two points. it's messy and incoherent. so where do you go next? i think exactly what we just heard. we're going to put, you know, referrals to the justice department in the hope that donald trump's justice department will then do as donald trump said he wants to do. remember, this is a presidency,

a future presidency about retribution, so you have the heritage project 2025 effort that's going to fill the government with people who will implement that retribution. doj being one of them. all of these referrals sitting there, guess what happens, you have hunter, you have the president and others from the cabinet hauled in front of, you know, the sort of kangaroo committees to be prosecuted and persecuted. so that's the plan. and so, no, they're not going to roll that out, katy, and do a press conference on it. but efforts are under way. >> in the past few months, more than that, i mean, there's been very little legislation, the president has signed -- i think he signed a budget bill, not much else. who gets blamed for things not getting done in washington in this political climate? >> the irony is congress still

gets blamed for it. look at their favorability among the american people, and so that tells you that even though, you know, there may be a lot of stacked and racked partisans out there who are ready to go hard against joe biden for his failures, those failures are also aligned with a congress that's run by republicans, that has done absolutely nothing as well. so, you see, you know, biden's numbers, you know, suffering nationally, but you'll also see the same impact on republican leadership in the house. which is why i've never understood just put the -- since you're so hot on an issue, put an immigration bill on the table that stands up against what republican leaders like -- you know, republican leaders like senator langford working with democrats fashioned in the senate, put something up, but they can't and won't do that because it then takes away the political narrative on the backside. so they're willing to suffer

that sort of hit with the public because going back to our first analogy, it just gives them more spaghetti to throw up against the wall against biden down the road. >> when you talk about the subject of immigration, and you do polling on it, and we can discuss whether polling is accurate, when you do polling on it immigration is still a policy that voters give republicans more credit for and they think republicans are better at it and donald trump is better at it even though there was compromise legislation that republicans shot down. conservative compromise legislation that republicans shot down at the request of donald trump. why does the republican party then still get all of the credit for being tougher on immigration? >> because they're not getting credit for putting forward a policy, they're getting credit for being as pissed and angry as the people who answered the question. so, if you're feeling -- if you're feeling my frustration,

and that's what you hear out of republicans, haranguing about the border even though they've done absolutely jack about it, those voters, those people who are answering those questions, that's what they're identifying with. there's no comparative policy in those polls that are being put in front of voters, they're not saying republicans want to do this and this and this, and to the extent they are, what they're saying is build a wall, and close the border. that's not a policy because the ramifications for that -- for those very same voters who are like, yeah, do that is, okay, so when you go to the grocery store, and you're paying $7 for an orange because, guess what, all those immigrants and migrants you just kicked out of the country aren't there to pick those oranges, or process your vegetables, hello, what about that border policy? so, there's not a connect -- the republicans aren't connecting that dot because they can't. because if they do, it blows up

their build the wall, throw them in concentration camps and deport them all argument. so -- but it's better to stay in that lane than to expand it with a policy solution. >> michael steele, i'm going to have to leave it there, michael, thank you very much as always. coming up, voters in enid, oklahoma voted to remove a council member with i white nationalist ties. what the woman replacing him is telling voters. some migraine attacks catch you off guard, but for me a stressful day can trigger migraine attacks too.

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jud blevins, the white supremacist who faced a recount vote from the council in enid, oklahoma is out. joining us is brandy zadrozny. brandy, what happened? >> reporter: 829-561, katy, is the final chance in what's been a year-long saga for the residents of enid. they voted jed blevins out and

cheryl patterson is in, a conservative republican, she volunteers in her local church and is well-known and well liked, apparently. we went to her after party last night, also went to the after party of the enid social justice committee. and at cheryl's after party mrs. patterson just really talked about what she was hoping to do after this election was over. take a listen. >> number one, i believe in giving grace and, yes, he does have a past, don't know if the connection is still there or not, but i just wanted to give him that second chance. but still, for enid, it's important that we change leadership so that we can have a fresh start here as well, and let's get back to just being the city of enid, and talk about all the good things that we have going on. >> reporter: and moving on is what most of the people that i've talked to really just want to do now, without jud blevins,

a white nationalist tied to their city and council. >> brandy zadrozny, the conversation was very much how that city elected somebody who was at the march in charlottesville where they were holding tiki torches and chants jews will not replace us. brandy, thank you very much, deadline white house starts right now. ♪♪ hi there, everyone, it's 4:00 in new york. special counsel jack smith today taking on trump's delay tactics and the one persona position to call it out for what it really is, a political ploy disguised as a legal strategy. judge aileen cannon, frustrations with the judge in the mar-a-lago documents case boiling over in a filing late last night regarding instructions to the potential jury in the trial. smith asked the