tonight, the supreme court hearing donald trump's claims of immunity as his hush money trial resumes. the supreme court now weighing whether the former president can be tried for plotting to overturn the 2020

election, and if so, will it happen before november. what the justices appear to signal. mr. trump, meanwhile, back in a new york courtroom. david pecker, the former "national enquirer" publisher back on the stand, testifying about the alleged catch and kill scheme to help mr. trump's 2016 campaign. the tense conversation pecker says he had over paying off stormy daniels. also tonight, usc canceling its main commencement after the arrest of dozens of pro-palestinian protesters. the new clashes as campus unrest spreads. police in atlanta's emory university tasing a protester in handcuffs. restraining others with zip ties. harvey weinstein's rape conviction in new york overturned. the egregious errors the judge is accused of making. will it lead to a new trial? tracking severe storms across several states tonight. the school

principal police say was framed using fake ai. arrested at the airport with a gun. and after the first video of their son in 200 days, the parents of an american-israeli hostage speaking out. their message of hope. >> announcer: this is "nbc nightly news" with lester holt. >> good evening and welcome. an extraordinary give and take in the u.s. supreme court today as the nine justices spent nearly three hours wrangling with lawyers over questions of when or whether a former american president is immune from federal prosecution over acts while taken in office. the questions raised during oral arguments are more than academic. but instead sit at the center of a special counsel's criminal election interference case against former president trump, and whether a trial can happen before the november election. mr. trump claims absolute immunity from prosecution, something the court didn't seem inclined to go along with, yet conservatives on the

court sharply questioned the special counsel's position as well. none of that stopping the new york hush money trial, which continued today for mr. trump as the key witness testified for a third day. laura jarrett has details. >> reporter: tonight, the u.s. supreme court weighing a monumental question that will decide whether the former president goes to trial for plotting to overturn the last election and win. >> i think that the supreme court has very important arguments before it today. >> reporter: mr. trump hoping to persuade the justices to find him immune from federal charges. his lawyers arguing the office of the presidency would be completely hobbled without that protection. >> without presidential immunity from criminal prosecution, there can be no presidency as we know it. >> reporter: the special counsel's office indicted mr. trump on conspiracy and obstruction charges last year, for

his efforts to cling to power, accusing the likely gop nominee of pressuring state officials to reverse the election results. actions doj argues were for purely personal gain and cannot be shielded from prosecution. >> there is no immunity that is in the constitution unless this court creates it today. >> reporter: the conservatives expressing concern if future presidents have no immunity for actions taken while in the white house. that could open the door to recrimination between political rivals. >> will that knot lead us into a cycle that destabilizes the functioning of our country as a democracy. >> reporter: the liberal justices troubled by the prospect of insulating presidents from accountability, raising a series of dark hypotheticals to underscore the consequences of adopting mr. trump's position. >> if a president sells nuclear secrets to a foreign adversary, is that immune? how about if a president orders the military to stage a coup. that sure sounds bad, doesn't it? >> i'm trying to

understand what the disincentive is from turning the oval office into, you know, the seat of criminal activity in this country. >> reporter: the fallout over efforts to subvert the election results in 2020 stretching beyond washington. in arizona, a grand jury indicted several members of mr. trump's inner circle wednesday, accusing them of falsely awarding the state's electoral votes to mr. trump, despite his lost to president biden. the sending of phony slates of pro-trump electors to congress to disrupt the election certification on january 6th looming large at the high court today as well, as the justices look to determine the line between a political candidate's actions taken for personal gain from a president's official conduct that could be immune from prosecution. >> laura, we heard a lot today. what are the possible outcomes here? >> reporter: well, lester, there is any

number of different scenarios that the supreme court could take keyer. it seems most likely based on the questioning that the justices will say the former president is not completely immune from all acts, but he might enjoy some limited immunity for some acts in which case they're likely to send this case back down to the lower court to do some of that work, to figure out where the line is, lester. but of course that means more delays and it means this case is not going to trial by november. lester? >> all right, laura off, thank you. and mr. trump's first criminal trial resumed in new york with more former publisher of the "national enquirer" about that payment to an adult film star. here is vaughn hillyard. >> reporter: on his third day on the stand, former "national enquirer" publisher of david pecker told the jury he refused to catch and kill stormy daniels' story about her relationship with then candidate donald trump. pecker said he told his right hand man at the "enquirer" not to pay daniels the $120,000 she was seeking because they'd already shelled out tens of thousands of dollars to keep other stories about mr. trump quiet. if anyone should buy

it, pecker said, it should be donald trump and michael cohen, trump's former fixer. pecker says when he told cohen, quote, he was upset and responded that the boss, that's referring to trump, would be furious with me. pecker said today he believed mr. trump or his company had paid daniels until cohen told him in december of 2016 that he was the one who paid her. prosecutors are seeking to prove mr. trump doctored internal business records to cover up that payment. pecker also testified trump was aghast when he saw stormy daniels on "60 minutes." >> was it hush money to stay silent? >> yes. >> reporter: pecker says trump called him. he says we have an agreement with stormy daniels that she cannot mention my name. trump later denied knowledge of the arrangement. on cross-examination, mr. trump's lawyers challenging pecker's credibility and business practices. at a campaign event earlier in the day, mr. trump addressed the testimony of his long-time friend. >> david has been very

nice. a nice guy. >> did you give the payment to stormy daniels before the 2020 election? >> reporter: pecker also testifying today about a payment his company did make to former "playboy" model karen mcdougal to keep her alleged affair with mr. trump quiet. pecker says he coordinated with cohen because he was concerned paying mcdougal could violate campaign finance law. so they worked up an agreement to pay for her contributions to magazines owned by american media, adding he believes trump was aware of the payment. the prosecution asking pecker was your principle purpose to suppress her story so as not to influence the election? pecker responding "yes, it was." >> what is the defense mr. trump's lawyers focus on during david pecker's cross-examination? >> lester, for one that donald trump was not the only celebrity he helped squash negative stories in exchange for good ones. but instead, that this was a mutually beneficial relationship dating back to the '90s when donald trump was a celebrity here in new york city.

cross-examination will continue tomorrow. lester? >> vaughn hillyard, thank you. new protests flaring up across the country today as pro-palestinian demonstrations escalated, and more people were arrested. and with graduation season practically here, liz kreutz reports schools are making tough choices. >> we will not go! >> reporter: in an unprecedented move, the university of southern california tonight canceling this year's main commencement ceremony, attended by roughly 65,000 people, citing new safety measures put in place amid protests on campus. this stunning decision coming a day after nearly 100 protesters were arrested for trespassing after a contentious rally where pro-palestinian demonstrators clashed with police. >> even if they have to cancel every single commencement, that's up to them. >> reporter: the school's administration had already canceled the graduation speech for their pro-palestinian valedictorian asna

tabassum citing safety concerns. coast-to-coast protests growing from george washington university to northeastern to emory in atlanta, where police in riot gear today clashed with demonstrators. law enforcement appearing to use zip ties to restrain the protesters, even tasing one person. at columbia, the epicenter of the protests, those camping out given a deadline to disperse by 4:00 a.m. if not, the university says we will have to consider alternative options for clearing the area. and these protests are now spreading here in california as well. here at ucla, students have begun gathering, pitching tents in the heart of campus. many of these students calling on the university to divest from israel. tonight these rising tensions igniting a debate about free speech versus hate speech on college campuses. at usc, professor brittany friedman criticizing the university for escalating what she said have been peaceful protests. you believe these students' first amendment rights are being violated? >> absolutely, absolutely. they are criticizing a

nation state for their actions in war, not criticizing a faith, a faith that is very close to me. >> reporter: but some jewish students say they feel the demonstrations have crossed the line. >> i don't believe that advocating for the rights of the palestinian people are inherently antisemitic. but some of these chants and some of the ways in which that they attribute and target jewish students, that is antisemitic. >> and liz joins us now from ucla. what's the scene there, liz? >> reporter: well, lester, it's a growing protest here. there is now several hundred students camped out. they say they plan to stay here until the university meets their demands. as for usc, we heard from so many disappointed students tonight, the university saying they made this decision because they feel it would take too long to process all the thousands of guests given all these security measures. lester? >> liz kreutz in los angeles, thank you. now to that start ling reversal

today in that new york rape case that sent former film mogul harvey weinstein to prison. the state's top court overturning his conviction. here is kate snow. >> reporter: for the more than 100 accusers of harvey weinstein, it was a shock. >> today is an act of institutional betrayal. >> reporter: in a 4-3 decision, the new york court of appeals finding weinstein is entitled to a new trial. his spokesperson speaking to nbc's chloe melas. >> what he did might have been unethical, but it wasn't a crime. in order to bring it back, they're going to have to find witnesses to come forward with actual crimes. >> reporter: weinstein was charged with crimes in new york involving three women and convicted in 2020 of rape and sexual assault. but that trial also included testimony from three other women who made allegations that never led to charges. today, the majority in the court of appeals concluding the trial court made egregious errors, erroneously admitting that testimony, calling it unnecessary. >> the jury was able to look at that and probably infer that he was guilty in the past. so he must be guilty now.

>> reporter: and that's what this higher court said can't be allowed? >> that's right. >> reporter: the state court of appeals also said the trial court abused its discretion when it said weinstein could be cross-examined about those three other women. >> even if he denied them, just the fact of being accused of them could allow the jury to infer his guilt based on prior behavior. >> reporter: he then decided not to testify. one of those women was dawn dunning. today she said people have asked me if i regret having testified, was this all for naught, and my answer is a resounding. no. we spoke with other weinstein accusers not involved in the trial. >> all of the fear and the panic and the confusion from the original trauma comes back. >> i'm deeply concerned. it's a setback for justice for survivors. >> reporter: in a dissenting opinion, three justices wrote "men who serially sexually exploit their power over women will reap the benefit of today's decision." >> we've already heard this refrain about me too has gone too far.

there is going to be some people out there thinking oh, good. so now we've redressed the balance. and i don't think me too ever went far enough. >> so kate, what happens now? >> reporter: so the manhattan district attorney's office, lester says they will do everything in their power to retry the case. weinstein's representative says for now he will remain in new york. and remember, weinstein is appealing a 16-year sentence for rape in california. his l.a. attorney tonight says the new york decision has a significant impact on that pending appeal, saying the l.a. trial judge, quote, made the same errors as the new york trial court. lester? >> all right. kate, thanks very much. we're tracking a multiday severe weather threat in the central u.s. millions at risk from texas to south dakota for storms that could produce softball sized hail, tornadoes, and 70-miles-per-hour gusts. tomorrow the threat pushes more into the plains and midwest. in 60 seconds, the impact of high prices we're all paying

becoming more of a drag on the economy. the mixed signs and what they mean, up next. (vo) want to upgrade but still paying off your locked phone? break free from 3-year device contracts. switch to t-mobile, and we'll pay off your phone. and upgrade you to one of the latest 5g phones, free. my hair was thinning all around my hairline. my dermatologist recommended nutrafol. it's 100 % drug—free and clinically tested. my hair is longer, thicker. nutrafol is life—changing for me.

get growing at nutrafol.com. we're back with growing concerns about the bird flu tonight. this comes as the fda said that testing of pasteurized milk v around the country found that one in five samples were positive for fragments of the bird flu virus. while the fda says the milk supply is safe, the concern is that more cows are sick than first believed, and that this could increase the risk to humans. new evidence about how the high prices we're still paying for so many things are slowing down the economy, while president biden tries to maintain a positive message. peter alexander now with the latest. >> reporter: tonight after more than a year and a half of strong spending, some of the steam is now coming out of the economy. the gdp rate slowing to 1.6% in the first three months of this year, well below expectations. >> what it means is

that the core of the economy, business and consumer spending is doing just fine. inflation numbers, they are not fine. >> reporter: inflation, while down from 40-year highs just a couple of years ago remains stubborn. those consumer prices we all pay up nearly 3.4%. a bigger jump than just three months ago, taking a toll on christy coughlin and her family in bend, oregon. you're a registered dietitian. food is your life. so how have your grocery shopping habits change? >> i just use the one bag rule or two bags. we'll fill it up. once those bags are full, we'll walk out. it really eliminates impulse buys. >> reporter: in syracuse, new york today, president biden optimistic about the economy. >> america manufacturing is back. it's a comeback story creating new jobs, new businesses, new hope. >> reporter: but with most americans disapproving of his handling of the economy, the president has some convincing to do before the election this fall. still, as summer comes, despite higher costs, americans are willing to spend to get away. at dollywood theme parks in tennessee, they're on pace to

surpass last year's record attendance. american families booking further in advance and coming from farther away. these latest figures complicate the fed's decision about when it could finally cut interest rates, reinforcing concerns that borrowing costs for consumers and businesses could stay higher for longer. lester? >> all right, peter alexander at the white house, thank you. up next, the alarming warning about the dangers of ai. why a high school official is accused of using ai to put fake words in the mouth of a principal, next. but instead remade over and over... into the things that keep our food fresher, our families safer, and our planet cleaner. to help us get there, america's plastic makers are investing billions of dollars to create innovative products and new recycling technologies for sustainable change. because when you push for smarter solutions, big things can happen.

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we're back with an alarming story shining a light in the dangers ai can pose. police say a high school principal was framed with racist remarks created using ai to mimic his voice. here is blayne alexander. >> reporter: the audio clip is less than 60 seconds, long enough to completely upend a baltimore area high school. in it, a voice is heard making racist remarks about black students' academic performance and antisemitic complaints about jewish community members. for months, parents, teachers, and students believed it was a racist rant by pikesville high school principal eric eiswert. but today officials reveal that voice was generated by ai and they've arrested the school's athletic director, 31-year-old dahzon darien for allegedly creating it.

>> the detectives allege mr. darien, who was the athletic coordinator at the high school made the recording to retaliate against the principal who launched an investigation into the potential mishandling of school funds. >> reporter: police say darien was arrested today while trying to board a flight to houston, initially taken in custody for a gun in his bag when police discovered the outstanding warrant. he is now charged with disrupting school operations, along with theft, retaliating against a witness, and stalking. the clip was first circulated back in january and quickly went viral. >> i as a parent am horrified and as a rabbi i'm quite disturbed. >> it's hard to pay attention in class because everybody was talking about it. >> reporter: at the time the principal denied ever making those remarks. official says the clip had, quote, profound repercussions, leading to the principal's temporary removal from the school. a fake recording with very real consequences all sparking new concerns around the growth of ai. blayne alexander, nbc news. coming up, our intimate conversation

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there's only one sotyktu, so ask for it by name. so clearly you. sotyktu. after more than 200 days, they finally saw video of their son alive. now the parents of an israeli-american hostage have renewed hope of bringing him home. they spoke with raf sanchez. >> reporter: it's the video no parent would

want, but the goldberg-polins long to see. their son hersh in hamas captivity, missing his left hand, but alive. what was it like for you to see that video? >> i mean, initially, we were just crying. i wasn't even paying attention to what he was saying. i was just looking at him and hearing his voice. >> he certainly doesn't look like himself, but it was amazing to see him, and amazing to see that he speaks like himself. >> reporter: the undated video the first sign of life in more than 200 days. >> he went to a concert with his friends, and he was stolen from his life. and stolen from our lives. i mean, we are frozen in time. we are absolutely frozen in time. >> reporter: that time 8:11 a.m. on october 7th when hersh sent his last messages. >> "i love you guys. i'm sorry," and i wrote, "i'm leaving my phone on. let us know you're okay." and it's never been

received. >> reporter: while negotiations to free the hostages are stalled, today a moment of light. the white house releasing this photo of the president meeting with 4-year-old abigail edan, the youngest american taken hostage. "she is remarkable and recovering from unspeakable trauma," he said. jon and rachel determined to bring hersh and all the other hostages home, and they're drawing strength from that brief glimpse of their own son. >> each even when you feel like your knees are buckling and your soul is breaking and your heart is crying, you have to be hopeful and you have to keep running. >> reporter: raf sanchez, nbc news, jerusalem. and that's "nightly news" for this thursday. thank you for watching. i'm lester holt. please take care of yourself and each other. good night.

where did all the money go?