that is tonight's last word. the 11th hour with stephanie ruhle starts right now. >> good evening, i'm jonathan in for stephanie ruhle. it is primary night in several states including a crucial gnat republican primary in ohio as the party tries to take control of the upper chamber. nbc news can project donald trump endorsed car dealer bernie moreno has beaten dolan and larose who were considered more traditional republican candidates. moreno will face three term democratic senator sherrod brown. and in the west coast,

california's 20th congressional district is homing an election to see who will serve out the rest of kevin mccarthy's term. with that, let's bring in our leadoff panel. mark murray, nbc news senior political editor. simone sanders townsend. cohost of the msnbc weekend morning show called the weekend. and brandon buck. thank you all for being here. brendan, since you are here i will start with you. you know ohio politics. your reaction to what we are seeing in the buckeye state tonight. >> obviously a big win for donald trump. h e had to go in at the last minute and do a rally for bernie moreno to push him over the finish line. it is a risky play for

republicans there. as you said, the other two candidates i think everybody in at least accomplishment republican circles were perhaps the better candidates in position to win. in november. and this is a very critical seat. republicans are banking everything on taking back the senate now. democrats hold 51 seats. we think republicans are going to take west virginia so you have 50/50. ohio is a critical one to take. sherrod brown able to buck the trend. you have bernie moreno trying to be a trump like candidate. and there is a poor track record of people trying to be trump like who are not donald trump and succeeding in a general election. >> you know, mark, senator brown weighed in on his november opponent. just an hour ago with lawrence

o'donnell. watch this. >> bernie moreno looks out for himself. he said in this campaign he won't work with democrats. he just is going to go to washington and do his own thing. he illustrated that by again calling for a national abortion ban with no exceptions even though ohio overwhelmingly last november voted by 13 points for constitutional amendment on abortion rights and the arrogance of he doesn't really care what the voters want. that is really who he is. and, we will make that contrast. >> so, mark, i want to pick up on something that brendan was just talking about. and that is the importance of this senate seat. the senate seat will be huge. first of two questions. first, what sticks out to you about this race? >> it is actually the importance. i just want to follow up on

what brendan was talking about. you know, you even had democratic groups that were advertising, pushing up and promoting moreno calling him the very conservative candidate in this race. who is back by donald trump. democrats also seem to think he was their favorite candidate. but here is the brutal math in ohio. donald trump won in 2016 and 2020 by eight percentage points. while moreno might be the riskier pick, and the math suggests that for sherrod brown to win, if you assume donald trump wins ohio, you have to find a lot of donald trump sherrod brown voters. that will be key in an era where we get fewer crossover votes. >> here is my second question.

that graphic we had, showing the results as they are right now. moreno in the lead with 500. 542,186 votes. if you add up, if you add up dolan and larose, i'm no good at math, especial listen i live television, but they are almost even. if you take them and add those up. they come in just under, maybe a few thousand votes under moreno. what signal does that send to the republican party ant the strength of moreno and maybe the danger that is posed by donald trump? >> look, this was always a competitive race. there was not a lot of high quality polling headed into tonight. polls indicated that this was actually going to be closer

than it turned out to be and i actually end up having a lot of flashbacks to the 2022 ohio senate race. remember when jd vance was the person who ended up getting an endorsement from donald trump. matt dolan was also in that race. and you had a candidate who was playing, josh mandell who was also in there. in the frank larose position. what is interesting in that primary, vance only got 32 to 33% of the vote. even with donald trump's endorsement in 2022. but in these kind of races and i think what you are alluded to, in a three-person race versus a two-person race, the candidate who ends up having donald trump's endorsement does matter. and now it becomes incumbent upon moreno to unite his party and you already end up seeing that dolan ended up congratulating him and saying he is going to do everything he can to help republicans to defeat sherrod brown in november. >> so, simone, nbc news exit polling in ohio shows nearly

two-thirds of republican voters there say president biden did not legitimately win the 2020 election. how do we deal with that as we barrel toward another presidential election? >> look, we have to continue to just tell the truth and speak the facts and the facts are that joe biden did win that election in 2020. as did every house member and every senate candidate on the ballot. right? you can't say joe biden didn't legitimately win the election but all these other seats are valid and i think that is some of how folks should be talking about this. but i do think to piggy back off of the piggy backs, the senate is definitely on the ballot in 2024. democrats are defending 23 seats that year. you can see 22. because, west virginia is all

by a foregone conclusion. i don't think there will be a lot of money or effort poured into west virginia. so 22 seats is a lot to defend. there are very few if any pickup opportunities. i think if there is one, it is call allred in texas. republicans in texas strategists tell me if anybody has the chance to beat ted cruz, it is collin allred. democrats are going into as we get closer and closer to november, you will hear folks campaigns talking with the president, vice president, talking more about the senate. you heard brown talking about abortion. right? that ballot amendment that was on the ballot just last year in ohio. that is going to be i believe a critical piece of messaging in ohio and these battleground states across the country. >> and so, as politico puts it, old guard republicans should have had an easy win in ohio tonight. but because of maga, that

didn't happen. is this trend more about the strength of the maga movement or the weakness of the gop establishment? >> there have been a lot that you don't ever have to worry about the establishment, the independents, the electability. it is an issue we have completely thrown out the window. there should have been a very obvious case. bernie moreno was a risky candidate. it is a very appealing concept. if you never have to moderate anything you say or do, and you can just rally the base every time and someone can just entertain you, that's appealing. and the risk that we are running as a party, whether it is ohio or everywhere, are there enough republicans that you can either turn out or convince people that joe biden is completely unacceptable that you can turn them off of

democrats? it worked for them in 2016. we have seen it is a reliable path. >> candidate quality was a big concern of hers. new backlash for donald trump for comments, many are calling antisemitic. here is nbc news' garrett haake. >> reporter: former president trump casting his primary ballot in florida doubling down that the democrats are antisemitic. >> the democrats are very opposed to jewish people and israel. just look at senator schumer. >> reporter: after chuck schumer blasted mr. trump earlier today. >> the former president's comments were utterly disgusting. and a textbook example of the kind of anti-semitism facing jews. pushing the dangerous anti- semitism trope of dual loyalty. >> reporter: the fire storm

began overnight when mr. trump was asked about mr. schumer's recent rebuke of benjamin netanyahu who schumer said should be replaced in new elections. >> why do the democrats hate bibi netanyahu? >> i actually think they hate israel. >> reporter: mr. trump saying democrats are being swayed by protests over president biden's policy on gaza. >> even i'm amazed at how many people are in those marchs. and guys like schumer see that. and for him it's votes. i think it is votes more than anything else. any jewish person that votes for democrats hates their religion. they hate everything about israel and they should be ashamed of themselves because israel will be destroyed. >> reporter: the remarks quickly condemned by the antidefamation league whose ceo called them defamatory and false. the biden campaign saying quote the only person who should be ashamed here is donald trump. >> yeah. no arguments here. simone, trump has a history of

comments like this. calling jews who vote democratic disloyal. he knows the reaction they get and he clearly doesn't care. what message is he sending to the electorate? even calling immigrants animals as he did this past weekend? >> turned around a couple of days later. and said, you know, jewish people don't want to vote for republicans. if they don't want to vote more me. they hate israel. they are not real jews. it's insane. it is absolutely insane. and, jonathan, i'm so glad we are talking about donald trump's comments. when chris christie exited the republican presidential primary, when he gave his remarks in that round table, town hall if you will, what he said was donald trump is for

himself. chris christie said make no mistake. when it comes down to if you put donald trump back in office and there is a decision to make and it is what is best for the american people or best for donald trump, he will choose himself. and what we are seeing play out on the campaign trail with his remarks is that he consistently sets up this dichotomy with either you are with me or you are against me. and if you are against me, you are bad. you are in fact not good. and that is, frankly, that is how he ran his political life from the moment he came down that golden escalator, before that with his racist birtherrism. when joe biden says things, we ask democrats what do you think about the president and he said x, y, and z. i would like to know what a number of republicans running for election and battleground states think about the former

president's comments here. >> we have seen jewish voters back democrats. college educated voters. you study polling, election results. is that changing at all? >> yeah. over the last several election cycles, jewish voters have been one of the more reliable blocks of democratic voters. in 2016 for example, hillary clinton won about three quarters of jewish voters while donald trump ended up giving just about a quarter. now in 2020, according to the ap vote cast exit poll, you end up having joe biden giving about 68% of the jewish vote. it is smaller than what we saw in 2016. but overwhelmingly jewish voters have been backing democratic candidates.

his offensive comments was trying to seize, some of the divisions in the israel hamas war that have actually gone on. but overwhelmingly as i told jim, the numbers go, jewish voters have been democratic voters. >> well, we thought we lost you for a moment mark and we didn't. and we got your full answer. brendan, this is the point in the campaign, especially now that donald trump and president biden are the presumptive nominees of the respective parties for president. i should note that both the president and donald trump are the projected winners of the arizona primary tonight. but, this is when they are supposed to expand their base. reach out, bring more people in. donald trump doesn't seem to have any interest in that at all. why? because, you don't win by subtracting. >> he did in 2016.

if we are waiting for kinder gentler donald trump, that's not going to happen. there's been a lot of conversation obviously. how is he going to open his arms to the nikki haley voters? the more moderate republicans? he is not. he is not going to do that. his game plan as we talked about will be to turn out the base, but for those voters he has a plan for the voters to make joe biden so unacceptable to them that they vote for donald trump by default. they want enough republican voters to say what mitch mcconnell has said. that i can't vote for joe biden. they want to get enough people to say joe biden is a bigger threat to my livelihood. my way of life. you know. and, any way you want to cut it. that's the play for the middle voters. he has no intention of becoming a new reinvented donald trump. we waited long enough. that will never happen. >> right. and that move might be successful with an election in a country that is evenly divided and you are fighting with votes on the margins if

you will. trump has fully embraced the january 6th defendants. he calls them hostages. salutes them. plays music videos of them. many americans were shocked and saddened by what happened on january 6th. why is trump so dead set on sticking up for the people ransacking the capitol? >> because these are his people. donald trump told the folks at the capitol to go there. hi addressed them on the ellipse. and then, allegedly, tried to go join them at the capitol himself. these are his people. so he feels a sense of responsibility for them. and i really think people should take a step back. the 45th president of the united states of america is saying he is with the people that took up arms against the united states government to try to stop the peaceful transition of power. he is with the people that

backed police officers. what happened? >> it truly is incredible we have the presumptive presidential nominee siding with people we watched with our own eye dos what we did and were convicted of it. thank you all for coming to the 11th hour. when we come back, donald trump asks for absolute immunity. we will break this down with two of our legal analysts and the biden campaign is reaching a new push for latino voters around the country. we have tonight's primary results. the 11th hour just getting underway on a tuesday night. underway on a tuesday night. iss the fuel you need to take flight. cirkul is the energy that gets you to the next level. cirkul is what you hope for when life tosses lemons your way. cirkul, available at walmart and drinkcirkul.com.

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today we got a preview of the trump team's argument for broad interpretation of presidential immunity. in a supreme court filing, his lawyers reiterated that the former president should not be subject to quote criminal prosecution for his official acts. adding in part, a denial of criminal immunity would incapacitate every future president with de facto blackmail and extortion in office and condemn him to years of post office trauma at the hands of political opponents. the threat of future prosecution and imprisonment would become a political cudgel to influence the most sensitive

and controversial presidential decisions taking away the strength, authority, and decisiveness of the presidency. for more, let's get to msnbc legal analyst glen kirschner and kristi greenberg. also an msnbc legal analyst. glen, trump has lost his immune city argument in two courts so far, what do you think of today's brief? and what do you expect from the supreme court on this. >> oh, it is very difficult to predict where the supreme court might land. they are not the most consistent institution of government these days but here is what bothered me when i was reading through this new court filing in the supreme court. the very first sentence of the section labeled summary of argument, i will use a nice

word. jonathan, is inaccurate. or i could call it a lie. here is how they open that section of their brief. they say, quote, a former president enjoys absolute immunity from criminal prosecution for his official acts, close quote. here is the problem with that assertion of fact. there is no law, there is no precedent, no appellate court opinion, there is no constitutional provision that supports that assertion of fact. indeed, the constitution provides the exact opposite in the impeachment judgment clause where it says somebody can be impeached by the house of representatives. and convicted on the articles of impeachment by the senate. and they can still be prosecuted for the same conduct. if they want to open the brief with we would like the supreme court to adopt the position that a president has absolute

immunity, created out of whole cloth, that would be fine. but when they assert something as a matter of fact and it is not a fact, i think that is a really weak way to open a supreme court brief. >> what did you make of that brief? >> they looked at the question presented. whether and to what extent there is criminal immunity here. if you don't agree in absolute immunity, we should be looking at it for this outer perimeter of presidential duties. you need to send it back to the district court. that gets you delay, delay, delay. it is unlikely this trial

happens before the election. so they were taking that invitation from the supreme court and really looking to try to extend the time this will take to get decided. >> i was just about to ask you about that very thing. about the justices sending the question back to a lower court for pack finding that would certainly be another delay. do you think that is something that is something the supreme court would do when they were listening to the arguments they all got to hear? if he ordered seal team six to go murder, do a political hit on a political opponent, yeah, he would be immune from prosecution. >> i don't think they will remand it to the trial court for additional hearings and findings of fact on exactly what kind of crimes a president should be allowed to commit in

his zeal to unlawfully and unconstitutionally retain the power of the presidency. they might do that but i think it unlikely. i also think jonathan that the supreme court covets its supreme status. if they start ruling that a president can commit all the crimes in office he wants with immunity and complete immunity against prosecution, you know, donald trump has told us his words, he will be a dictator on day one. if there is one thing a dictator has no use for, it's the supreme court. so i think that is another reason the supreme court would bestow absolute immunity at their own peril and i think they covet their supreme status. >> special council jack smith has argued the 2020 election interference case strikes at

the heart of democracy? >> i think you will see responses to a number of the arguments. the argument you started out with, donald trump argues if a president is subject to criminal liability, you would have a weak and hollow president scared of prosecution leaving office. and you will see jack smith very clearly say look, former presidents including donald trump have believed themselves to not be immune from criminal liability. remember the impeachment proceedings in 2021 when trump's own counsel said he was not immune from the judicial process and the place to do it would be in the courts. you also have, the idea that this prospect of criminal liability is a bad thing. it is actually a benefit. you should want presidents to think that if they take some criminal action, that they could have consequences for that. that there could be

accountability. that is a good part of our system. you would want there to be a criminal accountability as opposed to a dictator which is what trump wants. so i expect that point, is special council's office will cite to the dc court upheave peels and come out swinging against that point. >> let's talk about judge aileen cannon who is overseeing the classified documents case in florida. she is getting attention for her slow pace. she is now asking the defense and prosecution for competing jury instructions. last i checked, we don't even have the date for a trial. what is going on here? >> jonathan, we could spend an hour doing a law school class on what's wrong with this page and the order from judge cannon. jury instructions ordinarily happen and we begin to discuss them closer in time to the trial. frank you, you can't finalize jury instructions until all of the evidence has been presented during the trial proper because

only then, you will know what jury instructions are appropriate based on the evidence admitted but more fundamentally, i would take this and drop it in the recusal bucket. just a couple of days ago, judge cannon said that law that has been on the books since 1917, the insurrection act that countless spies and traitors have been successfully prosecuted under, i think maybe it is void for vagueness but here is what i will do. i will deny it without prejudice now. but i will urge you to bring it up later when i can deny it in a way jack smith can't appeal it. let me read one thing from the order because this is not a jury instruction. this is a command to the jury that you may not convict. a president has sole authority under the presidential records act to categorize records as personal. neither a court nor a your is permitted to make or review

such a categorization decision. and outgoing president's decision to exclude what he considers to be personal records from the presidential records transmitted to the national archives. constitutes a president's categorization of those records as personal. that is not a jury instruction. that is a command to the jury that you may not convict donald trump because of what i have just instructed you. this is the kind of thing that i suggest further supports a motion to recuse because her impartiality might reasonably be questioned and that is the federal standard for when a judge shall remove themselves from the case. >> quickly because we are out of time, glen. but from what you have read, to me, that seems to fly in the face of the presidential records act. >> it absolutely does. >> okay. >> all records are presidential records with the exception of

things like journals and diaries. >> right. right. yeah. i mean, i studied the presidential records act back in 2008 when there were questions about hillary clinton's records in the clinton library. and i know, you sent an email to somebody in the white house, it is going to the archives. just so you all know. thank you both very much for being here tonight. when we come back, the new push by the biden campaign to win over latino voters when the 11th hour continues. 11th hour continues. do you have a life insurance policy you no longer need? now you can sell your policy - even a term policy - for an immediate cash payment. call coventry direct to learn more. we thought we had planned carefully for our retirement. but we quickly realized we needed a way to supplement our income. our friend sold their policy to help pay their medical bills, and that got me thinking. maybe selling our policy could help with our retirement. i'm skeptical, so i did some research and called coventry

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a new effort to secure latino voters in key swing states, president biden is taking a few swipes at trump while he is there. here is the president in phoenix tonight. >> you're the reason why in large part i beat donald trump. 2016, he called latinos, drug dealers and rapists coming down the escalator. he says immigrants are poisoning the blood of our country. what is he talking about? i need your help. there are only six or seven states determineing the outcome. they are tossup states and this is one of them. >> for more on this, let's bring in maria teresa kumar, an

msnbc contributor and former president trump congressman david djali of florida. so what do you think of this new push from the biden campaign? how do you think it will resonate? >> we endorse the president two weeks ago in vegas with the vice president. we cannot have another trump presidency. it was one thing what he said. but more importantly, what he did. and yes, the separation of children at the border. but it was also using social media to incite real violence. jonathan, we can't forget his words had offline effects with the el paso massacre where over 23 people were injured and killed simply because they were latino. we can remind people of the tree of life synagogue affair where also the jewish community was impacted. and all the victims in between.

pittsburgh, and, el paso. for us this is a red alert. it is time for us to get serious about the latino vote. recognize he was in arizona because he won that state and it flipped by less than 12,000 votes but it is also in nevada. also north carolina and pennsylvania. >> as we showed in those clips, the president said you are the reason in large part why i beat donald trump. and we heard him say i need you badly. what we didn't show, he was applauded. so is it really true that latino voters are turning to trump and republicans? what's the real danger? >> i just have to say, do they win them at the margins? a little bit.

not enough to make impact. if you saw what happened in the abortion bill in ohio, it was black and latino voters that supported that legislation. white women in ohio were even evenly split. they need to have access to abortion care. our biggest concern is i'm not sure what the president has done. one of the reasons we endorse, we need to explain to the folks that the reason they have 35- dollar insulin is because of the president. it is because of the ira. and the investment in the community. and it is really going to be an

election of story telling. one that believes in rules and laws. one that provides benefits when you vote. one that wants to be an autocrat and not have the right influence of our democracy in place. >> i want to switch gears and talk about the primary results out of ohio tonight. one, what do you make of the results? the trump backed candidate for senate bernie moreno, he won the primary against two other republicans who got just about the same amount of votes who put them together. but what do you make of the results out of ohio? ? >> it is not that much of a surprise. his imprint on republicans is strong. very conservative candidate. i think the two intriguing parts of this result is one,

this is a good night for sherrod brown. a strong incumbent democratic senator who needs to win ohio if the democrats do have any hope of keeping the u.s. senate in their control. secondly, fast forward. what is emerging in the u.s. senate is now akin to the freedom caucus in the house. if you look at jd vance, mike lee, ted cruz, josh hawley. rick scott. they can cause a lot of trouble for whomever succeeds mitch mcconnell as the republican leader. whether in the majority or the minority. >> trump is facing problems within his own coalition. losing ground with the small donors who carried his first and second campaigns. how bad is this?

>> they see what the grift and the graft really look like now. donald trump's financial problems are real. both personally and politically. and that will be a stressor on donald trump. i think what we should be most concerned about is does that create a danger in donald trump the candidate and possibly as president again? is he willing to look to bad actors to some type of financial reprieve? how does it influence his behavior going forward? we have seen this game with donald trump and it is not a good one. he blends ethic rules and conflict rules and that is bad for the nation. >> i would love to get your view on this. because not only did we see the former president having trouble with small donors, we also know that the biden harris campaign has $155 million cash on hand and trump's campaign and all their little money outlets

together have what, $40 million. and you add the financial trouble he has getting the bond money for the 400 something million dollar bond he has out there. david raises a good point. he raised it as a question. could this be a problem? i think this was a rhetorical question. >> we have been able to see what donald trump does. look at how much ivanka and jared have benefited when they were advisers to the president. they now have billions of dollars of deals whether we are talking about the middle east, whether we are talking about patents. if we talk about compromise. they already have been in many ways. what happens when he has all the legal bills trying to finance what will be a billion dollar election more than likely? it puts all of us at risk. and that is what i think the american people have to remember. at the end of the day, remember the chaos we lived every single

day. being afraid of what was going to be on his twitter feed. the amount of anxiety people were living in. take a step back. take a beat. and who do we want in the oval office? it is literally how is the security of the nation going to be present under his watch? >> thank you both very much for coming to the 11th hourment when we come back, with the election behind him, putin has a new idea for the battlefield on russia's war in ukraine and it involves setting up on land that doesn't belong the russia. we get into it with ambassador michael mcfall when the 11th hour continues. the 11th hour continues.

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russian president vladimir putin is focused on the next phase of his war on ukraine. creating buffer zones to protect against long range missile strikes. they could include tore require russia does not currently control. michael mcfall is here. he is the msnbc international affairs analyst. what is your reaction to this eye of buffer zones? >> horrific, tragic, scary. barbaric. but not surprising. i think there's been a lot of hope if we could give putin

territory, he would go away. he needs to sit down and cut a deal. what putin said today is he is not going to stop until he is stopped. he speaks it plain as day. we need to listen to what he said. he will not stop killing ukrainians until he is stopped on the battlefield. >> and ukrainian president zelenskyy is calling that idea of a buffer zone an escalation. vladimir putin was reelected with 87% of the vote despite protests after opposition leader alexei navalny's death. will anything weaken putin's grip on power?

>> thanks for putting the words election in quotation mark. it is a sham. we should stop calling it an election. when we do that, we are pretending it was an election. it was not. this reminds me of soviet era elections i actually attended because i'm that old. and going to this extent, 88%, it is embarrassing for his own supporters. he is not even trying to create the veneer of an election. the one good piece of good news is the wife of navalny. and she went and said on youtube, she said go out, all together, on election day at noon on election day, to show in lines that we are still here. and thousands, tens of thousands of russians inside russia and throughout embassies

throughout the world did so. and in my view, therefore, i think yulia was the one winner. not the fiasco. the election putin orchestrated. >> russia has made incremental gains on the battlefield as ukraine runs low on ammunition. republicans and congress have been dragging their feet. some support an idea senator graham posted after meeting with zelenskyy yesterday. i will quote this. president trump's idea of turning aid from the u.s. into a no interest waveable loan is the most likely path forward. is that a viable solution for the stalemate in congress or for ukraine? >> i just want senator graham and everyone else elected in america to act in the democratic way. and to be different than russia. there is a senate bill that was

approved by a large mayorty. already approving $60 billion in assistance to ukraine. by all accounts, speaker johnson allows his people to vote, it will pass the house of representatives an president biden will sign it into law. that is how democracy is supposed to work. let the representatives of the united states of america, the people that voted him there vote, and then we will get that aid built through. maybe down the road, senator graham's idea can be entertained but right now, that assistance is needed because every day that it is not passed, not just ukrainian soldiers are being killed. but civilians. because we don't provide the missile defense intercepters they are waiting for. so members of congress, speaker johnson, let your people vote. >> thank you. as always. and on that note, i wish you a good night. you can catch me every weekend

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tonight on all in. >> how does ohio feel about president donald j. trump? >> the big vote no ohio