basil said, this trial is not on tv. you guys do a great job reporting what is happening, but if there aren't those images coming out of the courthouse, people feel like they know this story. we kind of -- we heard of that for a long time. so it doesn't surprise me that they're not interested. >> well, thank you, both, so much for being here. that does it for us today. i'll be back here tomorrow, same time, same place, for special coverage once again as stormy daniels takes the stand and gets the cross examination under way once more. don't forget, you can catch our show online around the clock on youtube and other platforms anytime. for now, i'm ana cabrera reporting from new york. jose diaz-balart picks up our coverage right now. and good morning. it is 11:00 a.m. eastern, 8:00 a.m. pacific. i'm jose diaz-balart. we begin with breaking news on the legal drama surrounding former president donald trump. the georgia court of appeals

says it will consider trump's appeal of a ruling rejecting fulton county district attorney fani willis' disqualification from the georgia election interference case. this news comes as testimony is set to resume tomorrow in trump's new york hush money trial, where adult film actress stormy daniels will be back on the stand for more cross examination by trump's attorneys. those attorneys moved for a mistrial, but the judge denied that motion. the judge, however, agreed with them that some of daniels' testimony was probably, quote, better left unsaid. with us now, nbc news correspondent blayne alexander in atlanta. msnbc national correspondent yasmin vossoughian. msnbc legal correspondent lisa rubin and charles coleman, former prosecutor in brooklyn, new york, who is an msnbc legal analyst. so, blayne, what can you tell us about the move by the georgia court of appeals this morning? >> well, jose, i think the bottom line of this is that this kind of long almost side show

that has been taking over the fulton county trial for the better part of the first half of the year is not over. it is now just entering round two. so what we learned is that the georgia court of appeals has agreed to hear an appeal on this. you'll remember, of course, just a reminder to our viewers, this was the issue we were talking about in fulton county, fulton county district attorney fani willis there on the screen was accused of financially benefiting from a personal relationship which she was having with her then special prosecutor nathan wade, who you see walking into the courtroom right there. well, at the end of -- in the middle of last month, basically, the judge rules that fani willis could stay on the case. she could continue her prosecution of the former president and his co-defendants, but nathan wade had to go. he resigned that very same day and many people said this is the end of it. former president trump and several others said no, they wanted to appeal that decision. we now know the court of appeals is going to hear that. i think it is important to kind of set the stage for what we're going to see in all of this.

it is certainly not going to look like what we saw play out over the course of two or three months here in fulton county. we're not talking about, you know, hearings playing out before live tv, we're not going to see the d.a. take the stand. each side gets 15 minutes or so to present their case before a panel of judges, audio only, no tv, and then they go about their way and make their decision. the drama is going to be less than what we saw first round, but it is very notable when you talk about the fact that judges are now going to be rehearing this issue and up for grabs again is whether or not fani willis will remain on the case or whether she will be disqualified, jose. >> so, charles, what does this really mean for this case going forward? >> it means it is not likely going to be tried or into completion until after the election, very possible that that could take place. what we're likely looking at here is that the judge in this case, when they were confronted with the issue of disqualification the first time, applied a hybrid standard of

basically the appearance of impropriety as well as an actual impropriety. i'm imagining that donald trump's team is going to be arguing as well as the other co-defendants in this case that that was the wrong standard, that the right standard was simply the appearance of the impropriety between the relationship with fani willis and nathan wade and that is ultimately going to be what this appeal turns on, if the judge somehow -- or the court of appeals finds that the wrong standard was applied, then that might be a reason for fani willis to be removed, which could severely delay this entire trial in its entirety. >> lisa, wondering, every state is different, every specific case is different, but what is a normal schedule for an appeal like this to be heard, and then a decision taken? >> yeah, in new york, an appeal like this would take several months. even would take six months just to get all of the briefs in. so in georgia, i'm not familiar with how long an appeal like this would take, but i think we can expect it to take several months. remember, jose, this is just the first tier of the state court of

appeals. if the trump team loses here, they will likely try to escalate it to the georgia supreme court. we're in for this, for several months. >> blayne alexander in atlanta, thank you very much. i want to continue our conference on the trump legal trials. turning to stormy daniels, her testimony yesterday. yasmin, you were in the courthouse yesterday. what stood out to you? >> everything. what didn't? that's the question. what did not stand out? it was a stunning day. i think i cannot reiterate and i've been kind of saying this all morning, which is just how surreal it was to be in a courtroom with a former president of the united states, his son eric trump sitting behind him, alina habba behind him, his defense team beside him, boris epstein in the courtroom, eight feet away is stormy daniels who said she allegedly had this one night stand with donald trump in 2006 and kind of walking through anecdotally the story she told about how that night went down.

i think it was just stunning for the jury to hear and for folks inside the courtroom as well. and the jurors were very tuned in to that moment, right? i think there was a moment in which when she was walking through the events of that night in 2006, after they met at the celebrity golf tournament where this photo was allegedly taken, the jurors were very tuned in to her testimony. >> when you say tuned in, what were you seeing? >> they're literally -- body language. they were -- okay, so the court is set up in a way where judge merchan -- >> small. >> it is very small. and it is a dank, dark courtroom. think of what donald trump stands for, the lap of luxury, what you know donald trump to stand for, and then you walk into this dank, dark courtroom, but it is a small courtroom, judge juan merchan is at the bench, to the left of him, if i'm looking at him -- if he's looking out is stormy daniels and then next to her is the

jury. their bodies are literally turned toward stormy to listen to her testimony. and they're taking notes throughout the entire period in which she is testifying. although there was a shift and it was after the judge began to kind of chide stormy daniels. what i mean by that is, many times there were objections made and the judge sustained because they felt like this was extraneous details being told, much of which i think was at the fault of -- you can add more to this, at the fault of more stormy's testimony than it was the people's attorney who was trying to draw it out. i don't think she was trying to draw it out. i think stormy daniels was offering up the details without necessarily being asked about them. but in those moments, judge juan merchan would say, objection sustained. stormy, listen to -- he would say listen to the question, please, and answer the question. just stick to the answer. and after he did that repeatedly, it seemed as if the jury became more disinterested

in her testimony during direct. and then they became refocused between during cross examination and much of that period was also when they were talking about what happened between 2006 and then, of course, 2016 when michael cohen and keith davidson then made contact in the payoff scheme began to go down. so, during that period in which they walked through kind of the play by play of 2006, to 2016, the jury seemed to kind of lose interest. i think much of it was taking kind of cues from judge juan merchan who seemed annoyed with her testimony. >> lisa, what would be your judgment of how the day progressed for stormy daniels as a witness, and also those moments yasmin was talking about when the defense did object? were they frequent? because outside, we were as we were narrating what you all were telling us, it seemed as though at one point the judge said

actually, well, you know, the defense could have objected more, so were there a lot of objections and how did that day progress for her? >> let's start with the second part first. were there a lot of objections? not enough for the defense to have succeeded in their mission of a mistrial. at the beginning of the day, they had renewed their motion to exclude her testimony. and once he decided it was relevant, they said, well, you agreed to accept it and therefore there wasn't that much to object to. charles and i know that's laughable because you can always object to the form of a question, and there were many questions that themselves were freezed in problematic ways. there were also times she went outside of what the judge had established as guardrails. those guardrails weren't known to us at the time, they were established during a side bar,

during which he said things like her testimony about the sexual act itself has to be brief. i'm not interested in her emotional state and how she felt about those things. and -- >> and yet those questions did come up. >> correct. which is why he said, later, i agree that she said some things that were better left unsaid. but at the end of the day, the onus is on the defense to object. and if you don't object, not only do you sacrifice your right to appeal certain issues, you got to object to preserve issues for appeal, but the mistrial motion didn't ring true to him on the basis of that. and in terms of how she did, i would agree with yasmin there was a point in time where the jury seemed to be taking their cues from the judge. the most popular person in the courtroom is always the judge with jurors because jurors look to that person for clues and almost as their protector. and they take signals from that person. at the same time, i don't think it is fatal, having watched both e. jean carroll trials where e.

jean herself suffered from some of this, not always answering squarely the question before her, you see how the results of both of those trials jurors didn't hold that against her, they saw a woman who was testifying to what she viewed as her truth, that didn't always fit neatly within evidentiary rules. when you're dealing with people who have had a traumatic sexual experience, whether a consensual one or not, sometimes what they want to say and their need to say it is not the same as what a court decides is admissible evidence. >> the issue of preserving issues for an appeal, could the defense not have -- could the defense maybe decided that they weren't going to bring up these objections, precisely so that they could have more issues going forward, for an appeal? >> i don't know that's necessarily the strategy because the concern there is that if you don't put the objections on the record, you will have waved them, which is why you almost always make those objects because you want to preserve the record.

however i want to pause at something different. it is possible that given the way judge merchan laid out the guardrails that lisa described going into this, that part of one of -- part of why the defense allowed for this testimony to come out and the way that it did, particularly as she's not answering questions that are being asked, or as she's going beyond what is being asked, is because they would like to paint her as someone who wants to sell a story, who wants to oversell a story about donald trump. one of the mistakes that they made very early on was just not conceding to the notion that they had a relationship to begin with. the fact that they wouldn't sort of stipulate to that in many respects is a problem and created this environment for them. now that she's talking very extensively about the relationship, they're going to try and argue more likely than not that she has an axe to grind and that's why she went above and beyond to describe the sordid details of their interaction. >> and, charles, also during side bar, the judge told one of trump's attorneys that, quote, i understand that your client is upset at this point, but he is

cursing audibly and he's shaking his head visually and that's contemptuous, it has the potential to intimidate the witness and the jury can see that. >> the judge does not want to necessarily create an environment where donald trump sort of gets a little bit more leeway to do the things that he can't and put his thumb on the scale, whether it is in front of the jury or anyone else, in front of witnesses. he's keeping a tight leash on donald trump and letting his attorneys know, this is not going to be tolerated and i'm going to keep control of the courtroom. >> can i say one thing, even a moment when it came to objections in which judge juan merchan said sustained, essentially this is on you. >> did you focus a lot on the former president when you were inside that courtroom? did you see -- >> i had a direct line to the

back of his head. so -- >> he was apparently shaking his head -- >> i asked a journalist next to me, who brought binoculars, i did ask to borrow some binoculars but it is hard to see the front of his face and see his reactions, but tv. >> was he moving? >> he talks a lot to blanche. he has a lot of conversations with blanche. and every time there is a side bar, bove moves into blanche's seat and it seems like bove is explaining what is happening during the side bar and blanche comes back and gives him the directives as to what has been said, directed by judge juan merchan and/or telling him what was talked about. there is a lot of -- he's very engaged right now in this moment, it seems, in comparison to some of the reporting that got in the early stages of the jury selection. >> you need to get some by knocklers. i will, if you don't. >> good ones, please. >> thank you for sticking around. thank you so much, lisa, for that.

breaking developments in another trump case, why the classified documents trial, the florida one that was supposed to begin this month, won't be happening anytime soon. plus, the reason behind the biden administration's decision to halt a large shipment of weapons to israel. and right now on capitol hill, another tense hearing focused on antisemitism in schools. we're back in just 90 seconds. you're watching "jose diaz-balart reports" on msnbc. you're watching "jose diaz-balart reports" on msnbc. you know what's brilliant? boring. think about it. boring is the unsung catalyst for bold. what straps bold to a rocket and hurtles it into space? boring does. boring makes vacations happen, early retirements possible, and startups start up. because it's smart, dependable, and steady. all words you want from your bank. for nearly 160 years, pnc bank has been brilliantly boring so you can be happily fulfilled... which is pretty un-boring if you think about it. with powerful, easy-to-use tools, power e*trade makes complex trading easier. react to fast-moving markets with dynamic charting

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happening right now on capitol hill, a house education and the workforce subcommittee is holding a hearing on confronting antisemitism in elementary school through high schools. this is the same committee that held contentious hearings about antisemitism on college campuses. joining us now from capitol hill is nbc's ryan nobles. good morning. what is the latest from that hearing? >> reporter: jose, so far this hearing hasn't been quite as filled with tension as some of those hearing we saw play out with college administrators, but we have seen lawmakers press these leaders of public school systems, large public school systems, from new york, california, and maryland, about what they are doing to combat antisemitism in their classrooms. take a listen to that one exchange led by congressman aaron bee. >> is terrorism ever justified? >> i don't think so. not terrorism. no. >> miss silvestre? >> i agree, no. >> congratulations, y'all

have -- y'all, from florida, y'all have done a remarkable job testifying, but just like some college presidents before you, that sat in the very same seats, they also in many instances said the right thing, but then we watch the tv monitors and america watched the monitors of their campuses on fire with hatred, really reversing everything they said that they're protecting students and when they were really not. >> now, it is interesting about this hearing is that it is not as if we're seeing widespread and sometimes violent protests in high schools or elementary schools around the country. this is more about the content of some of the curriculum, the -- how the administrators are dealing with specific instances of antisemitism on their campuses, and what they can do to prevent it in the future. it is part of a wider effort by house republicans to draw attention to what they say is a growing antisemitism problem across the country. we do expect this hearing to go on for quite some time, jose, as

these lawmakers continue to grill these educators and these administrators about what they're doing to prevent antisemitism from taking place in their high schools and elementary schools across the country. jose? >> ryan nobles on capitol hill, thank you. up next, details on the effort today to broker a cease-fire between israel and hamas. plus, a major hospital in rafah shuts down amid more israeli strikes. our next guest is a doctor who just returned from volunteering at that facility. we'll talk about what she saw firsthand next. lk about what sh firsthand next

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plus, ask how to get up to an $800 prepaid card. call today! 23 past the hour. today, cia director bill burns met with israeli prime minister benjamin netanyahu to discuss the latest round of cease-fire talks as the israeli defense forces continue its operation in eastern rafah. the idf released a statement saying it started to dismantle terrorist infrastructure and underground shafts and we now learned the white house intervened to stop a planned weapons shipment to israel out of concern it would be used in rafah, according to a senior administration official. joining us now from tel aviv is nbc's raf sanchez. you have reaction from israel about this paused weapons transfer? >> reporter: that's right, jose. publicly the israeli government has been playing down any tensions with the u.s. over this

decision by the biden administration to at least put on pause the shipment of a number of heavy weapons including some 2,000 pound bombs. an israeli official tells me behind the scenes the israeli government is deeply frustrated by this decision. they feel that any daylight between the u.s. and israel only strengthens hamas' hands at the negotiating table. they believe that hamas may just try to wait israel out in the hope that sooner or later the u.s., international community, will force a cease-fire. now, what the biden administration is saying it has serious concerns over how the weapons might be used in rafah, especially those 2,000 pound bombs which have caused such massive civilian casualties throughout gaza, in the course of the war. as you and i discussed many times, jose, there are more than a million palestinian civilians sheltering in rafah right now. it is one of the most densely

packed places on earth, and the fear is that these very, very heavy explosives would cause serious casualties. so, a significant decision by the biden administration not to move ahead with that shipment. >> and, meanwhile, where do things stand on negotiations for a cease-fire? >> reporter: well, jose, they have been continuing in cairo since monday night, when hamas announced that it was agreeing to a version of the cease-fire proposal. it is a version that israel says is not acceptable. there are a number of significant disagreements between the two sides, including over whether this deal will lead to a temporary pause in the fighting, which is what israel wants, or an end to the war altogether. now, as you mentioned, cia director bill burns who has been deeply involved in these negotiations, he's been in the middle east now for several days, crisscrossing the region, he is here in israel, updating the israeli government.

israeli negotiators have been in cairo for the last couple of days, there are reports in the arabic media that hamas negotiators are now planning to leave cairo to go consult with their leadership, but the white house has said that it believes that the gaps between the two sides, while significant, are not unbridgeable and it is hoping that a deal can be struck to get the hostages out, get humanitarian aid in, and head off this israeli offensive in rafah. >> raf sanchez in tel aviv, thank you. just this morning, the world health organization is warning that the current situation in gaza has reached an unprecedented emergency level. it says hospitals are overloaded with patients, the u.n. reports over 77,000 people have been injured as of april 29th. meantime, israel's evacuation order has forced one of the main hospitals in rafah to shut down. joining us now is dr. moira ling, medical director for the

international palliative care trust. i can't thank you enough for your time. appreciate it. i just know that you just recently visited rafah over easter. what did you find? >> thank you, i think the report put its finger on it. the hospitals were overcrowded, patients were -- 60 bed hospital had 700 patients. i was particularly looking at those with chronic illness. can you imagine if you haven't had your medication for your cancer, your heart disease, your kidney disease, your diabetes? and then you get an infection. you're malnourished. you have no access to hygiene and then on top of that, you might be injured in a bombing. and also none of those situations is there access to pain relief. that's of particular interest of mine. the situation at the hospital was really very, very serious. but i also want to say that the

healthcare staff were working above and beyond. they're some of the most courageous and compassionate human beings i've ever met. and the way they were going to try and do everything they could to care for patients was quite amazing and very, very humbling to see. >> doctor, i want to underline what you said at the beginning of your conversation, you were at a hospital with a 60-bed facility and there was 700 people inside that? >> there was people in beds, there were people who were outside the hospital, but patients were coming in in and out, there were people coming to the emergency room, including trauma, it is not a trauma hospital, there were pediatric patients that were moved to an adjoining facility there were tents outside to try and triage patients and the cancer care was even in a separate clinic, two streets away, and all of that has now been forcibly evacuated. >> let's talk about that. the hospital was just evacuated. what does that mean for patients

and just how many people are being affected? >> it is a huge number. even the building where i was living when i was there is now evacuated. they have gone to two other, one small hospital, one other field hospital, but i can't imagine these people have been displaced four, five times. even the medical staff are living in tents. it is 40 degrees heat. just surviving in rafah, when i was there, was hard enough. most healthcare staff had lost 30, 40 pounds in weight and that's in a place where there is some access to food. in the north of gaza, i have colleagues, it is far worse. then to try and displace again, the cry came up from everyone, where can we go? and there just is nowhere to go. >> where can we go? and just thinking, doctor, you know, the israelis say many hamas leadership officials are essentially living in tunnels

under rafah. so, those people don't have to face the reality that you saw above ground. just wondering, that kind of dichotomy, how concerning is that? >> i think the reality is that six months into this conflict, there is no one who is not suffering. and i don't want to -- we don't want to see any deaths, we don't want to see anyone injured, but gaza at the moment is -- the situation there is absolutely horrific. it is against humanity. i felt ashamed. i felt ashamed. i was inspired, and in solidarity with my healthcare colleagues who are under attack throughout gaza and now also in rafah. i also felt ashamed that the international community has not brought an end to this. one of my colleagus said,

please tell the world, we want to live with peace and dignity like anyone. we're human beings. and that's what i think we should see, these are human beings, and we need to treat them just as if they were our neighbors here. >> dr. moira ling, thank you for being with us. very much appreciate your time. >> thank you. up next, the judge in donald trump's classified documents case abruptly postpones the trial, slated to begin in less than two weeks. what that could mean for that case. and why tiktok says it is not going anywhere amid the u.s. government's attempt to ban the popular social media app. you're watching "jose diaz-balart reports" on msnbc. pp you're watching "jose azdi-balart reports" on msnbc. wow. -incredible, isn't it? -yeah. well, with your home, auto, boat and rv all bundled with progressive you've got the peace of mind to really wander. yeah. yeah, i just hope it stays this way. once word gets out about these places they tend to -- -are you done? -aaand there it is. well, at least your vehicles are protected. let's hit the road.

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36 past the hour. while donald trump was focused on his new york hush money trial yesterday, he scored a major legal victory in another case against him. the judge overseeing the classified documents case against him delayed the start of that trial indefinitely. the trial had been scheduled to start on the 20th of may, but the judge said there were some

substantial issues that still need to be resolved. lisa rubin is back with us. so, lisa, what exactly are these issues that could not be resolved that caused the judge to decide to just postpone this indefinitely? >> let's start with the fact that the case involves classified documents and under the classified information procedures act, there are a number of different sections of that act that entitle the parties to different kinds of briefing about how classified documents will be used at trial and who can see them or have access to them or whether summaries, for example, need to be provided to the jury. lots of that still needs to be hashed out and, in fact, her order providing that may 20th would be the trial date still left a number of types of those issues unprovided for in the trial calendar. and in other words, she had provided a may 20th trial date without accounting for a number of issues in the classified informations procedure act that would need to be briefed. everybody understood that even

may 20th was always a pipe dream because she hadn't provided for those issues to be resolved. now, with where we are right now, the other problem is she has got a bunch of pending motions to dismiss, by donald trump and his co-defendants, on which she hasn't ruled. one of them is a motion to dismiss on grounds of presidential immunity. partially she could be waiting to see what the supreme court is going to do. that was the last case argued in the term, and we could be waiting for a decision until the very end of june. >> so what does special counsel jack smith have as options going forward? >> i think jack smith doesn't really have options with respect to this. there is nothing to appeal in the sense that it is an order not providing for any trial date. if jack smith wants to recuse her from the case, his best option is to wait for a substantive decision on an issue like trump's motion to compel additional discoveries to support a selective or vindictive prosecution, motion to dismiss, that's sort of a

motion in search of a bases. most judges say, well, wait a second, if you can't support that on your own, i'm not going to give you lots of extra discovery so you can try and attack the department of justice and say it is clear prosecutors have vindictively prosecuted you and yet aileen cannon seems to be leaning in that direction or veering toward it. if that happens or another decision on a motion to dismiss that he really disagrees with, count on him to appeal, but also to potentially ask the 11th circuit for first time to recuse her from the case. >> thank you so very much. up next, more than 80 democratic lawmakers are sending president biden a letter today. we'll tell you what they are asking. plus, the grim milestone in recovery efforts after the baltimore bridge collapse. you're watching "jose diaz-balart reports" on msnbc. l. you're watching "jose diaz-balart reports" on msnbc. bladder leak underwear has one job. i just want to feel protected! especially for those sudden gush moments. always discreet protects like no other. with a rapid dry core that locks in your heaviest gush quickly for up to zero leaks. always discreet- the protection we deserve!

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43 past the hour. the sixth and final victim killed in the baltimore bridge collapse has finally been recovered. jose mynor lopez, 37-year-old construction worker who was working on the francis scott key bridge when a container ship rammed into it in march. now, with that search concluded, unified command will begin using a series of precision explosives to separate the ship from the wreckage. the ship's crew is expected to shelter in place on board as this process plays out over the course of the next several days. new this hour, nbc news has

exclusive reporting that more than 80 democratic lawmakers signed a letter asking president biden to protect long-term undocumented immigrants. this comes just days after president biden said he would consider using executive action to restrict the number of migrants entering the u.s. at the southern border. nbc's congressional correspondent julie tsirkin has been reporting on this. good morning. what have you learned? >> reporter: good morning, jose. we reported on monday my colleague julie ainsley and i the executive actions that the white house is weighing now. they have been talking about it for some sparetime now. but specifically weighing them to happen over the next few weeks. these are actions that would allow the president, allow the customs and border patrol to turn away migrants at the southern border when they felt the numbers have reached capacity. it is very similar to that bipartisan border deal that republicans blocked back in february. but now you have this group of more than 80 democrats, members of the hispanic caucus, the progressive caucus, here on capitol hill, backed by immigration advocates who are asking the president to use this

moment perhaps instead or in addition to -- to prioritize those undocumented long-term immigrants. they released this letter, they sent this letter to the white house that we reported on today with a series of concrete steps they say the president can take here. this was a red line for democrats for a long time, for that pathway to citizenship that they then conceded to get that deal back in february with republicans, now they're ready to push forward on this again. a statement from forward.us, one of the immigration advocates in this, organizations, i should say, released a statement saying, average americans, most americans don't have opportunity to improve the lives of hundreds of thousands of american families, but president biden does. and they say the timing here, jose, is crucial. ahead of the november election, when they say former president trump could turn to deportation of these undocumented migrants instead. >> and important, julie, to say that -- and finally something that is not often done, finally they're asking the president to

actually focus on those 11 million people who have been here, many of them for decades, with u.s. born children and who have been participating in our economy. this is a different group of people than those who are just newly arrived at the border. >> reporter: exactly. that's so important to highlight. one of the provisions in this letter that they ask is for the president to streamline the president by which the spouses, the undocumented migrant spouses of american citizens are able to obtain their green card. that is so that they can work, that is so that they can contribute, as you said to the american economy, to pay taxes, these are all things that these groups that these lawmakers say are logical steps that these long-term unundocumented migran, some of them children, can finally obtain so they can contribute to the american workforce and in the words of the chairwoman, the fabric of the american society. >> thank you very much. one of our next guests calls it a, quote, twisted cosmic

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that's amazing doc. mobile savings are calling. visit xfinitymobile.com to learn more. doc? 51 past the hour. yesterday, tiktok sued the u.s. government over its efforts to ban the social media app saying it's a violation of the first amendment and calling it, quote, obviously unconstitutional. dominic chu is with us. what do we know about this suit? >> it was very telegraphed. as soon as the legislation was passed last month, we knew tiktok would seek a legal remedy for what they say is a law that violates the constitutional protections of free speech enshrined in the first amendment. the suit was filed yesterday in the u.s. court of appeals for

the d.c. circuit. it was this line with what they have commented on in the months since it was proposed. congress enacted a law that bars every american from participating in a unique online community with more than 1 billion people. tiktok goes on to argue that national security concerns, one of the primary motivations behind the creation of the law, shouldn't be a big enough reason to restrict free speech in america. by the way, it's not just the first amendment. they are saying it violates the rights for due process under the fifth amendment as well. a lot of eyes are on how this will play out because this is one of the rarer occasions where lawmakers and congress on both sides of the aisle, alongside a sitting u.s. president, regardless of party affiliation, have actually overwhelmingly

agreed on something as polarizing as this. this could take years to play out. it's expected that the court process will be lengthy. it could be very, very long before any compelling of any hypothetical divestments of tiktok's u.s. assets. >> it talks about freedom of expression and different amendments. it adds, the chinese government has made it clear that it will not permit a divestment. dom, at this time next year, people will have to make sure their driver's licenses and other identification are real i.d. compliant. >> it's an added layer of identity guarantee that makes sure there are base level of security standards for government-issued state i.d. materials. many americans have them or are getting it. for most people, it's an added layer of more identity

protection. you need it if you want to board a u.s. flight. >> appreciate it. with the race for the white house in the final six months, president biden and former president trump are carrying out two very different campaigns with trump in a criminal court most days and biden out on the trail. joining us now, peter baker, "the new york times" chief white house correspondent and rick stingle, an msnbc political analyst. peter, you wrote a story about the split screen we saw yesterday of donald trump in court and president biden speaking at a holocaust remembrance event. what did that moment capture? >> yeah. i think it captured the unreal reality of this year's election. we have a contest between two presidents, a current and former, that has momentous

consequences and a circus-like atmosphere. the sitting president talking about the surge of anti-semitism that we have seen since october 7th and decrying that at a speech remembering the holocaust. in the manhattan courtroom, you had a former president being confronted after years of disputes by a woman who -- a former adult movie star saying that they had a sexual encounter that he denies and giving graphic details about that. you couldn't have captured this kind of moment in a more surreal way. >> rick, there may be more split screen moments like this in the next six months. how is that going to play? >> you know, jose, i don't love the split screen metaphor. peter has a very difficult job. he does it as well or better than anybody ever has. i covered a bunch of presidential campaigns. i didn't do it as well as him. you have to figure out how to

say something new. the problem with the split screen metaphor is that it raises up someone who is a u.s. citizen, who is on trial for multiple felonies, who is not -- i don't believe a legitimate candidate for for office. you are comparing two people. that has the effect of raising up the lower guy and diminishing president biden. if i were an editor of a paper, i would cover them separately. i wouldn't be comparing them. there's a criminal trial going on. there's a presidential campaign going on. they don't really intersect. >> except that the intersection occurs because that other person, that american citizen that's in that courtroom happens to be the other person running for president. it's like -- you can't avoid it. >> it intersects in the way that we cover it and the way we choose to cover it and the way

we compare it. we don't have to do that. i don't know it intersects in the minds of voters at all. >> interesting. peter, you detailed the scramble inside the white house this week as they reacted to israel's decision to launch a new operation in rafah and confusion over the negotiations for a cease-fire. how is the white house handling that? there's the issue coming up of the decision of the white house to cut back on some military armaments to israel. >> yeah. you are seeing frustration in the white house with netanyahu's government in israel. president biden for seven months refused entreaties to put conditions on arms or halt them because of the way the war has been conducted in gaza. he has strong in his support of israel's right to take on hamas after the horrific terrorist attack. for the first time, they did hold back on a shipment of arms, 3,500 bombs that they feared could be used in the rafah

operation that the biden administration says they don't believe should be mounted because it would be too dangerous for civilians. it's not a sign not just that they held it back, but the fact they confirmed that, which they didn't do the first couple days after reports emerged about it. it indicates a growing level of frustration on the part of biden's team with israeli officials who they do not believe are listening to them when it comes to this possible operation in rafah. >> politically, rick, is this going to make a difference politically here with those who are standing up and speaking against american support for israel? >> you know there have been some interesting polls about that, jose. people are obviously very aware of it. there's a general feeling of disapproval, particularly among young people, for president biden. when you ask them, is this in the top ten things that make you want to vote or not vote, people say no. biden's enemy is not people protesting gaza.

his enemy is apathy. he needs to get people to get out and vote. >> great to have the opportunity to speak with you. thank you for your time. that wraps up the hour for me. i'm jose diaz-balart. you can reach me on social media and watch clips from the show on youtube. thank you for the privilege of your time. andrea mitchell picks up with more news right now. right now on "andrea mitchell reports," former president trump lashing out again at the judge overseeing his new york hush money trial, as stormy daniels will be on the stand for more cross-examination tomorrow. the federal judge in charge of the trump classified documents case in florida, who critics say has been foot dragging for months, postpones that trial indefinitely. new strikes in rafah. the white house delays shipping massive bombs to israel as the cia director meets today with