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tv   Alex Wagner Tonight  MSNBC  April 16, 2024 9:00pm-10:00pm PDT

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with trumps hush money case now in jury selection, what is normally a difficult process on its own has extra external pressures on it. case in point. >> my plea is to the people of manhattan that may sit on the trial, please do the right thing for the country. everybody is allowed to have their political viewpoints but the law is supposed to be blind. this is a trash case. there is no crime here and if there is a potential for a verdict, they should vote not guilty. >> that was a vice presidential short list are yesterday. despite having no involvement in the case he was using his platform to influence the jury from outside the courtroom. clay travis did something further, writing to his
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followers, quote, if you are a trump supporter who is a part of the jury pool, do everything you can to get seated on the jury and refused to convict as a matter of principle, dooming the case the you hung jury, it is the most patriotic thing you can do. the patriotism is questionable but the legality is not. this case is not about electrics. whether you love or loathe trump nobody should try to tamper with the jury. it is about whether or not trump committed a set of crimes. given the defendant, the worry that somebody could be seated in the jury with a strong bias one way or the other is real. the process of jury selection is important. today the first seven are impaneled, for men and three
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women. one is a software engineer, when is a teacher, when is a nurse and one is in sales. they told the jurors to plan to be in court for opening statements bright and early next monday morning at 9:30 am. before the case can begin, 12 jurors and six alternates have to be impaneled. that means jury selection is a third of the way done. yesterday when the first 96 were called in, they were asked simply, do you think you can be impartial in the case. more than half said no. that half was sent home and that is the point. at the core of jury selection is a process of questioning jurors to make sure the people that make it into the final jury can be impartial. the point of all of this in this case in particular, more than normal is to separate the politics from the case. today's trump's defense team questioned potential jurors about past social media posts
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the defense believed showed anti-trump by yes. ranging from nobody is above the law to a mean from 2016. maybe those individuals have strong feelings about trump but also feel strongly that in a court of law they can put aside the feelings and evaluate evidence without bias. trumps legal team does not have to take that chance. they can strike jurors they believed to be bias and the prosecution has the same power. one of the potential jurors told them he read multiple trump books. prosecutors could strike him if they believe he is by yes, ultimately they did. the other factor in all of this of course is trump himself. not only did the potential jurors have to pass protesters and press to get into court,
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they know that the case will be watched around the world, when they get to the courtroom they are seated feet from the former president. today we interviewed a juror struck from the jury about what that was like. >> what was it like answering questions including some about trump as he is sitting 30 feet from you? >> it was odd. it was a interesting experience. i had never seen him in person before. you see somebody blown up larger than life on the media for so many years, to see them in person is jarring. you get the sense that this is just another guy and also he sees me talking about him which is bizarre. >> the fact that the defendant can see the jury, this is not a
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normal trial or defendant, trumps it's something nobody outside the courtroom could here in the direction of the juror, he scolded the legal team for it saying i will not have any jurors intimidated in this courtroom, i want to make this clear. joining us now, duncan, formerly with the manhattan das office and now in a private practice. thank you for being here tonight. we were told to expect that the process could take two weeks. michael cohen has said he believed it could take three weeks. are you surprised it is proceeding this quickly? >> no i believe it is proceeding as quickly as every other trial and people are surprised that it is moving along at a pace similar to other trials and the only distinction is that the defendant is somebody most people know and the crime is known so this is a different
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case because the jurors walk in and know the defendant but at the end of the day the process is the same and the judge is a experienced jurist and he is moving along at a clip. the most important thing that came out of today's selection is he will not allow social media posts to be used as a litmus test for bias to kick people off the jury and that is why the defense is in a more curious position going into the second half of the jury because they will clearly run out of challenges and be left with jurors the most fear, educated, democratic jurors that will not be able to get kicked off the jury for cause because of social media posts so they are going into this with a disadvantage. >> your thoughts on how this is proceeding? >> i think that is a great characterization. today and yesterday, both sides had all of their strikes, the
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strikes lawyers can use to remove jurors they do not like so long as they do not violate any constitutional protections. now they have far fewer of those strikes, they will have to guard them cautiously. as you pointed out they are only a third of the way there. what we are seeing develop by the way, i think it is important to protect the identities of the jurors, there is a lot of data available about them from the questionnaires but by in large they do look like people that have committed to be fair and judge the case based on the evidence they hear in the courtroom, it does not look like a jury that leans strongly for either side. i think that is a good thing. >> give us your reaction to that moment where the judge
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admonished his attorney about trump having a audible reaction to something a prospective juror was saying. >> this is not happening in a vacuum. this is not a defendant that got excited and made a utterance, this is somebody with a long track record of using the megaphone strapped to his mouth to incite his followers against other people. this is someone who was the president of the u.s. and may well be again. so the notion that he would do anything that even approached intimidating a potential juror in this case is unacceptable. i am surprised the judge did not stop him in the moment and admonish him personally. he showed constraint by not doing that in the presence of the juror by waiting and telling the lawyers it could not happen again but this is a issued this judge will inevitably face, whether it is a new gag ruling next week or
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in court conduct, this is a defendant who cannot contain himself. he will not be able to behave and the judge will have to decide what to do about it. >> the identity of the jurors should be kept private and yet we know trump is not a defendant who plays by the rules. if you are a juror, do you need to be nervous about the sharing of your public information? what is it the court can do to protect the jurors? >> it is hard under the best circumstances to look somebody in the eyes and convict them of the crime. i think all of the jurors coming through the failings of police officers, they cordoned off blocks of the courthouse and they are walking through this on the way to jury service and at the end of the day it is going to be that much harder for jurors to convict, not that they want but that will weigh on their minds.
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what a lot of people do not realize, in new york state, in 2020 there was a bail reform act passed that hamstrings with the judge can do with regard to the violation of a gag order. what people do not realize is -- i have seen a lot of commentary, the judge is limited in what he is allowed to do in violation of the gag order. the conditions of bail can be tightened but he cannot revoke bail based on the violation of a gag order without trump being charged with a separate crime. he could be charged with contempt of court or witness intimidation or tampering but that would require a separate trial and it is unlikely alvin bragg will charge trump with a separate crime for it. that is why the prosecutors have asked for a slap on the wrist for $1000 per violation because there is not much the judge can do about it. people are outraged about this in the light of all of the threats of physical violence but the hail reform act hamstrung to the judge.
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>> you referenced the social media post coming up, how does that work? is there a team that is calling these individuals social media sites? >> it seems likely that trump will be using a jury consultant, somebody that specializes in jury selection and giving them advice. looking at issues like body language, their background, answers to questions and obviously social media is a rich field to comb through for information. my understanding is new york state law permits lawyers to do it so long as they do not do anything that would result in having contact with a potential juror. it is fair game to look at somebody's facebook page and we saw that happening today with surfacing of material that
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trump's lawyer suggested to the judge that showed those jurors should be struck for cause and that is important to trump's team. they do not want to waste the precious strikes they have, they want to see the judge remove jurors they do not want serving on the jury for cause. there is no limitation on the number of jurors that can be removed for that reason and that is why it is important the judge to that line saying i will not let you go to social media endlessly, it is not possible the anything on social media is grounds for a strike it has to be actual bias against the client. >> at the same time you have social media stars on the right for their calls for people that support trump to actively get themselves on the jury, how much of a concern is that for the court? >> it is a concern for this case and for a lot on both sides.
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not based on whether the crime was committed but whether it should be illegal in the first place. there is a lot of history in the last 100 years that have juries nullifying but in this case that is not a risk, the real risk is trump will wind up with a jury pool he does not like because he is pulling from people that do not meet the demographic he is looking for. a lot of educated people, it will skew the other way so while they are calling for it it is unlikely. >> if you are his team how do you correct? >> you are using the preemptory is in a important way, strategically to bounce off the people you do not like and there is not much they can do about it. i do not they will call for hope that there is a jury that judged this based on the facts and that is there on both sides but there is not much they can
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do to prevent it. >> you made the point that you were struck by the fact that trump is sitting there on his own, not really a circle of support around him. how unusual is that? >> it is unusual, you often see a family altogether or friends show up in court to support a defendant, that can still happen. the court room is very crowded when a jury is being selected so maybe we will see members of his family show up to support him as these proceedings get underway but it is a's dark picture of a former president in a courtroom with only a couple of aids and his secret service detail. >> do you think he will testify? >> i think it is unlikely because it is unlikely that any defendant testifies but what we need to watch for is the boring housekeeping things before the jury was selected, there are two hearings that need to
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happen. that is where the prosecution can cross-examine him on other bad acts, that was delayed. the judge delayed ruling on that and we need to watch it closely because the rulings there may tip it one way or another. >> you had judge saying to expect opening statements monday. what do you expect? >> what we will hear is prosecutors will layout the case for the jury, you do not get to argue your case, you cannot open it with a argument, you tell the jury what you expect the evidence will show and you begin to explain the legal theory, the case is complicated because prosecutors will prove the misdemeanor crime of falsifying business records and then they have to prove that that crime was committed to aid in the commission of or conceal another crime. that is how this becomes a felony charge.
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they will probably talk about campaign finance and tax charges and as you can tell from my explanation it gets complicated so they will have a task in front of them to explain how that will work. then from the defense obviously we will see the primary theme that they will stick to throughout the jury, they will say the prosecution has failed to prove it beyond a reasonable doubt and tell the jury, as you hear the evidence throughout the trial, always pay attention for that. they do not have to give you evidence, they have to give you compelling evidence, proof beyond a reasonable doubt will you cannot convict. >> thank you for getting us started tonight. coming up, house republicans did their darndest to put up a front but do not be fooled. reading the tea leaves in
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supreme court arguments today in a case that has a potential to in the prosecution of january 6 rioters and donald trump himself. more on that after this break. . ♪ ♪ ♪ i'm gonna love you forever ♪ ♪ ♪ c'mon, bear. ♪ ♪ ♪ you don't...you don't have to worry... ♪ ♪ be by your side... i'll be there... ♪ ♪ with my arms wrapped around... ♪ (avo) kate made progress with her mental health... ♪ be by your side... i'll be there... ♪ ...but her medication caused unintentional movements in her face, hands, and feet called tardive dyskinesia, or td. so her doctor prescribed austedo xr— a once-daily td treatment for adults. ♪ as you go with austedo ♪ austedo xr significantly reduced kate's td movements. some people saw a response as early as 2 weeks. with austedo xr, kate can stay on her mental health meds— (kate) oh, hi buddy!
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today the supreme court heard arguments on a case that could the term in the future of january 6 defendants and trump himself. at issue is the law prohibiting
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the obstruction of a official was sitting. a statute that was used to prosecute a quarter of the writers. so one of the charges brought against trump by special counsel jack smith. lawyers from one of the insurrection is argued the statute was not meant to apply to circumstances like the insurrection. the government argued the attack is exactly what a obstruction of a official proceeding looks like. >> we have had a number of protests in the courtroom. let's say that today, five people get up one after the other and they shout keep the insurrectionist in jail or freed the patriots and as a result of this, our police officers have to remove them forcibly from the court room,
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would that be a violation? >> it is a different posture than if they had stormed into the courtroom, overrun to the police and required the justices in others to plea for their safety. >> indeed, what happened on january 6 is very serious and i am not equating this with that. >> joining me now is the compost of the prosecuting trump podcast. your sense on how they received the arguments and if they gave any indication on which they are leaning? >> we heard different concerns expressed by multiple justices and it is hard to count noses at this point. you just played a excerpt of the justice trying to set forth a hypothetical to suggest the application of the statute is too broad and could apply to something that solicitor general
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rebutted by saying that is not what happened here, it is not about the kind of violent attack on the capital with intent to disrupt the peaceful transition of power that happened here but nevertheless the case is decided on how the law may apply to other situations and i think the solicitor general went on at various points to point out the diminished types of things would not be covered because there is corrupt intent requirement and other requirements. it has to have been a serious intent with the corrupt intent, knowing the conduct is long, to actually disrupt, obstruct a official proceeding. at the same time we saw other justices including them push hard on the defendant's counsel, mister fisher's counsel, suggesting how could the clause being applied here,
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otherwise obstructs influences or impedes a official proceeding, how can it mean anything other than doing it in any form, he argued it needs to be limited to altering or destroying records and the justices said that is not in the statute, otherwise means otherwise and you have other justices suggesting is there a middle road here, where even if the otherwise clause maybe does not apply in the natural form to a violent attack, could it apply weather was a effort to preclude documents, the electoral college votes, the certifications, to be transmitted to the vice president to open them for counting, for congress to count them and tabulate the votes, even if you want to limit this
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to documents or records, is there a way to do it? so is hard to read the tea leaves right now. there is clear disagreements between justices on how they think the statute should apply but i do think it is important and you will probably go there next, to say whatever happens in this case does not dictate what will happen in the jack smith case brought against trump. >> you cannot take our producers jobs. i have to admit as a nonlawyer, the fact that the word otherwise in the statute took up so much airtime was surprising. a lawyer for the generous ex- defendant argued his client did not manipulate evidence or documents in some way and that is how he framed the argument. >> this statute prohibits operation on specific evidence in some way shape or form.
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attempting to stop a vote count or something like that is a very different act than actually changing or altering a document or creating fake documents. >> to recap he is saying creating a fake document will constitute obstruction of a official proceeding. if the justices agree, would that mean that you trump could be charged over his will to get fake electors to submit fake documents? >> the answer is yes, the devil is in the details but again, one part of the multipronged scheme that underlies two of the charges in the jack smith indictment, one, the same charge, obstructing official proceeding, the other, conspiracy to obstruct a official proceeding, one of the major parts is the fraudulent collectors scheme, a scheme between trump as alleged in
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others to urge that the electors in swing states who had intended to be trump electors, met on the date that the electoral college needs to vote, they cast their ballots even though he had not been certified the winner in the states even though litigation had failed and biden had been certified, they then sent their electoral college certificates up to the capital, to vice president pins and others in the hopes that he would count those votes as opposed to the legitimate electoral ballots set up by the biden and harris electors. even here if the government can prove the conspiracy they charged, it would involve exactly what greene admitted, the creation of fake documents, these were fake electoral college ballots, i would remind viewers there are also two other unrelated charges to the
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obstruction of a official proceeding in the jack smith indictment, that is a conspiracy to defraud the u.s. and deprive people of their civil rights. so even in the event that the supreme court would go bride on a ruling that actually cloyd call into question the obstruction of a official proceeding count in the jack smith indictment it would not touch the other counts so people can feel safe in that. >> we always talk about how all of these cases are on a collision course and today is no exception. thank you for your time. republicans in the house of representatives are best known for their dysfunction, what if i told you today that they actually found something they agree on reliably enough to do something about it? today they united to deliver impeachment articles to the homeland security secretary.
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the house will proceed. >> today house republicans put on quite a show of unity. back in february the house voted on party lines to impeach homeland security secretary alejandra. this afternoon the process moved forward. the republican house impeachment managers including marjorie taylor green walked shoulder to shoulder to the halls of congress to deliver the articles of impeachment to the senate. the last time the house delivered articles of impeachment to oust a cabinet member with an 1876, the secretary of was accused of treating military posts for profit. now in the year of 2024 what has the homeland security secretary done? republican say he has not done enough to stop the illegal border crossings, that is not grounds for impeachment. in reality republicans are the ones that sabotaged a
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protection bill a couple of months ago. a fact that dan goldman pointed out earlier today. >> unfortunately, the republicans have put politics over our border security. they want chaos in order to take a election rather than to solve the problems. there was a policy will that would have significantly addressed the problems of the border and instead you on the other side of the aisle sabotaged it where you baselessly impeached the secretary trying to solve our problems at the southern border because you want to be victorious in november. >> so a politically motivated baseless impeachment vote, congratulations to replicants in congress for accomplishing that. do not be full by the display of unity, this is the only thing republicans have been able to accomplish.
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finding the government for a full year took half the fiscal year. aid to israel taiwan and ukraine stalled for months. fighting over the ukraine aid bill has become so contentious among republicans that congressman greene has been threatening to oust speaker mike johnson over it for weeks and until today greene stood alone in pushing for the oust, no other republicans have the appetite to explore another speaker in less than six months until today when kentucky congressman tom chose to join forces with green. he promised to cosponsor from motion to vacate speaker johnson after johnson announced a plan to advance the foreign aid bills this week. to recap, stalled legislation and quarrels over leadership and the inability to fund our government or allies, it does not sound like unity to me. after the break we talk with congressman jamie about republican dysfunction in congress, that is next. next.
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with your monthly gift right now. ( ♪♪ ) i am not resigning and it is in my view a absurd notion that somebody would bring a vacate motion when he we are here trying to do our jobs. >> mike johnson remained defiant amid growing calls for his remover led by congresswoman marjorie taylor green. in response kentucky congressman tom is decided johnson should lose the speaker gavel as he announced today he will join congressman greene's
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motion to vacate. is it a social media johnson should do what the former house speaker dead and announces resignation and so far johnson has done the opposite. the push is gaining momentum and adding to dysfunction in the house, as republicans band together to do the only thing they seem able to agree on. impeaching the homeland security secretary. join me is the ranking member of the house oversight committee and the former leader peter manager for trump's second impeachment trial. i was thinking about the fact that two weeks ago we were talking about the fact that the impeachment seemed like it was reaching a dead end and then i realized you and i were talking about the other politically motivated sham impeachment so the fact that we have to choose among them tells you something about republicans agenda here. >> the impeachment was a consolation prize for the mag a
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wing of the party that did not get the biden impeachment they wanted and that is what they did this instead. of course it is lacking the central thing you need a in a impeachment which is treason, bribery or another high crime or misdemeanor. they do not have it. they have policy differences with the secretary or at best they have a claim of mao administration which the framers said you cannot impeach somebody over. >> look at the marching though, they seem very committed. this morning the u.s. secretary is testifying before the house appropriations committee as they held their annual hearing. earlier this year he worked on a bipartisan bill in the senate. house republicans tend that and i you have him facing this impeachment and the secretary appears unfazed by the process. he said when i say i am not focus on the impeachment proceedings i actually mean it.
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that is my hope that my time is not taken away from my work. clearly a disconnect between the amount of things on the secretary's plate, the portfolio he has, whether it is the us-mexico border or international threats. and what republicans want him focused on. >> you think about it, given that this is just a policy conflict and at least a dozen republican senators have announced acknowledged that over the last couple of days, the public is dramatically on the side of him and a bipartisan senate deal which was blown up at the last minute by republicans and trump because trump does not want a borders solution he wants a crisis to run against. he has nothing else in the tank. he is running on empty because he cannot talk about abortion anymore because the entire country has decisively turned against him whether we are talking about kansas or ohio or
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pennsylvania or florida so they cannot talk about that so it is just immigration. he also has russia breathing down his neck because vladimir putin does not want 60 million going to the people of ukraine so really what he is pursuing is a autocrats agenda and it is amazing to see the republicans in the house following him like lemmings. >> today you had republican congressman mike saying this before criticizing the biden administration for not projecting strength amid the ongoing conflicts in ukraine in his words. >> the world is on fire and history will judge us by our actions. were you chamberland or churchill? >> how seriously can you take them when that is their posturing and yet their own caucus cannot coalesce around a foreign aid bill?
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>> i think that was really directed at mike johnson, not biden who has been doing everything in his power to dislodge the foreign aid package he sent several months ago but it is mike johnson who has fallen captive to the pro- russian wing of the party which may be dominant in the republican caucus now but he does seem to be trying to extricate himself from it with a succession of single issue bills so we will get a up or down vote on ukraine and of course the majority in the house, pretty much every democrat and maybe as much as 50% of the republicans but certainly 30-40%, we would definitely have a majority. that is what marjorie greene and matt gates and the extreme right of the party is so upset about and for all we know it is trump that is calling the shots on that one. >> let me ask about that, that
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was the other development, the fact that the congressman was joining marjorie taylor greens movement to oust johnson. do you think more will be added? >> i heard there is a couple of others in the wings but of course under the rules which speaker mccarthy backed and the entire caucus was behind, any member of the caucus can file a motion to vacate the chair meaning to topple the speaker so it does give the extremist elements in the party reporting to trump the power to dictate the course of events. it may be that johnson is fed up with it and he says if you want to vacate the chair go ahead and do it but i need to move forward at this point. he has several committee chairs who seem to be determined to get a vote on ukraine and they are starting to blow the whistle on how let me putin's
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propaganda has begun to saturate the caucus and you have members like marjorie taylor green and matt gates who basically parrot pollutants talking point. marjorie taylor green a couple of days ago said it was anti- semitic to hold up aid to israel to get aid to the in ukraine . something like that. this is a classic smear and disinformation tactic against the democratic nation of ukraine, the only mission on earth that has a jewish president other than israel itself. >> congressman jamie, thank you for taking the time to be with us tonight. we have one more story, new details on israel's expected response on iran's unprecedented retaliatory strike. what it means for israel's
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at this hour, we are awaiting israel's response to the unprecedented iranian attack that took place last weekend. for the first time in history, iran launched a direct military attack against the state of israel though the impact was limited. no one was killed to the 99% of the attack was intercepted by the aerial defense systems and its allies. mainly the u.s. shooting down dozens of drones and missiles. iran issued these strikes for suspected israeli air strikes that took place earlier this month. one that destroyed the consulate in syria, killing several military officers, encolluding the high ranking commander. now the fear is they could escalate tensions further, sparking a wider regional war. something allies of both israel and iran want to prevent. according to axios, president biden urged benjamin netanyahu to exercise calm and take the
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win. warning the u.s. will not support any israeli counterattack against iran. today four u.s. officials told nbc news israel's response will be limited in scope and leakily not on iranian soil. all happening as the devastating war is reporting. the military was set to begin an invasion of rafah this week where over a million displaced civilian refuge have taken place. joining me now is the senior editor of bloomberg business, reports extensively in the middle east. bobby, thank you so much for being here. your estimation on whether or not this expands? >> well, if israel responds with a direct attack on iranian soil, that is automatically an expansion. if israel responds with a heavy than usual attack on iranian proxies, whether that is in
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lebanon, syria, that's an escalation. we have seen nothing, but escalation in that country for a very long time. we were distracted by what's going on in gaza. now we're being distracted by what's going on here. one is a humanitarian crisis. another is a potential regional war that will have blowback for the whole world. so there are, there is no corner in the middle east in which you can say that looks hopeful. >> i want to talk about the overlap between these two conflicts. but first if, in fact, you know, israel chooses to hit iran proxies. how do those proxies fire back? >> well, those proxies will state them largely from iran itself. they do have a certain amount of autonomy. it varies and depends on which one. the houthis in yemen have a
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greater degree of autonomy than hezbollah in lebanon. so it sort of depends who you hit and how hard you hit them. if you take out the top commander of hezbollah, then they will feel obliged to respond. hezbollah has stayed out of the fight with israel for a very long time. remember immediately after the terrorist attack on israel, the big concern when israel inevitable inevitably, that it did not happen. thank goodness. the events of last weekend with the iranian attack, there have been concerns that could be the trigger. what you have is what is called an escalation letter, right? people from both sides are climbing up the ladder. you can't depend on both sides to remain rational, the whole
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way. at some point, one side is going to get off the logical sequence of events and react, overreact, and trigger all these things. just because they did not go to war doesn't mean it is the concern. that's why the biden administration as you said is pushing so hard on netanyahu as axios reported to take the win. he has an opportunity now to say look, they attacked us, we proved we can defend ourselves. they sent 300 missiles and drones our way, and our defense systems held up. it didn't land. it barely scratched us. that could be announced by a good politician. that can be announced as a victory. if he does that and walks away
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and focuses, then yes. that will give everybody a little breathing space including the biden administration. but he's facing pressure himself, netanyahu. there are people to the right of him and substantial support in israeli, among ordinary israelis. if you're an ordinary citizen. even if you're not politically active. a country that's been threatening your disruption for decades to shoot 300 missiles and drones in your direction. you expect them to do something. >> as always, thank you so much for being with us. that's our show tonight. you can catch me back here on the weekend, 8:00 a.m. eastern. now it's time for the last word with lawrence o'donnell. >> good evening, we just got the transcript from today's court session. andrew weissmann is here to read

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