Trump lawyers argue he can't be charged while president... even for murder

Plus, Republicans tried to interrupt the deposition of a Pentagon official, potentially comprising the secure room in which the testimony was being held. [View in browser]( [Image]( OCTOBER 23, 2019 [Image]( Here's what happened Wednesday: 1. Laura Cooper, the top Pentagon official overseeing U.S. policy regarding Ukraine, testified in front of House impeachment investigators on Wednesday after [a five-hour delay caused by a group of House Republicans]( who stormed the secure room where the deposition was taking place. The GOP members — who don’t sit on the committees that are questioning witnesses in the impeachment inquiry — occupied the secure room, known as a SCIF, in the basement of the Capitol Visitor Center for several hours. NBC's Alex Moe and Rebecca Shabad [report](: The Republicans, led by Rep. Matt Gaetz, R-Fla., burst in shortly after a morning press conference protesting the impeachment process as unfair. More than two dozen GOP members participated, a House Intelligence Committee official said. In what the official called a "major security breach," the Republicans brought their cellphones into the SCIF, which is not permitted. "It was a scene not in the United States Congress but at a fraternity... you had about 20 Republicans come in, they were yelling, they were disruptive," describes Rep. Ro Khanna, a member of the Oversight committee, on [MSNBC's The Last Word](. "And then they started ordering pizza and there were pizza boxes strewn all over the SCIF... they didn't even clean up. It was really an embarrassment, it was almost out of the 'Animal House' movie." 2. A panel of three federal appeals court judges heard an extreme hypothetical example in the case of the president's tax returns: President Trump's lawyers argue he can't be charged while in office — even if he shoots someone. "That's your position?" federal appeals court Judge Denny Chin asked. "That is correct," the president's lawyer responded. [NBC's Pete Williams reports](. Hear [audio of that oral argument](, as discussed on The Beat with Ari Melber. 3. Two associates of Rudy Giuliani linked to the Ukraine scandal [pleaded not guilty]( to charges of funneling money from foreign entities to U.S. candidates in a plot to buy political influence. 4. [The Associated Press]( is reporting that more than two months before the phone call that launched the impeachment inquiry into President Trump, Ukraine's newly elected leader was already worried about pressure from the U.S. president to investigate his Democratic rival Joe Biden. Volodymyr Zelenskiy gathered a small group of advisers on May 7 in Kyiv for a meeting that was supposed to be about his nation's energy needs. Instead, the group spent most of the three-hour discussion talking about how to navigate the insistence from Trump and his personal lawyer, Rudy Giuliani, for a probe and how to avoid becoming entangled in the American elections, according to three people familiar with the details of the meeting. IN CASE YOU MISSED IT: VIDEOS [Image]( [Day 1,007: GOP storms a House hearing as Trump's Ukraine narrative falls apart]( Trump's claim that Ukraine didn't know that military aid was being withheld falls apart as House Republicans storm a secure impeachment inquiry deposition. (The 11th Hour) [Facebook]( [Twitter]( [Image]( [The strongest case for impeaching Trump is bribery]( Pres. Trump faces many potential grounds for impeachment, but the strongest is one of two impeachment offenses specifically spelled out in the Constitution: bribery. Ari Melber, MSNBC’s Chief Legal Correspondent, reports how the House could apply the bribery provision to impeach Trump. (The Beat) [Facebook]( [Twitter]( [Image]( [Zuckerberg on the defense]( Facebook founder Mark Zuckerberg was grilled by lawmakers on Capitol Hill Wednesday. (Velshi and Ruhle) [Facebook]( [Twitter]( MORE VIDEOS - [Chris Hayes: Trump’s defenses just keep collapsing (All In)]( - [Trump says build the wall in... Colorado? And other geography stumbles (Thing 1/2)]( - [Chaos on Capitol Hill as House GOP members disrupt impeachment hearing (Deadline White House)]( - [Biden and Trump make economic pitch to PA middle class (Velshi & Ruhle)]( - [DC bracing for a Trump government shutdown over impeachment probe (Katy Tur)]( - [Trump tries to claim 'great outcome' in Syria (All In)]( - [Gloria Steinem on how Nancy Pelosi is standing up to Trump (All In)]( QUOTE OF THE DAY [“So, you won't take down lies or you will take down lies? I think that's just a pretty simple yes or no.”]( — Alexandria Ocasio-Cortez, grilling Facebook CEO Mark Zuckerberg on Facebook's policy that allows politicians to lie in their political ads ([Video]() FIFTH DEMOCRATIC PRIMARY DEBATE [Image]( The fifth Democratic presidential primary debate in Georgia will have [four moderators]( — and all of them are women. Moderating the Nov. 20 event, which is being co-hosted by MSNBC and The Washington Post, will be Rachel Maddow, Andrea Mitchell, NBC News White House correspondent Kristen Welker, and The Washington Post's Ashley Parker. We want to know what you want to hear from the candidates. [Submit your questions here]( — our moderators may read it live on air. ANALYSIS AND OPINION [ANALYSIS. This is how Putin and Erdogan have redrawn northeastern Syria]( The deal is another blow for Syrian Kurds who want greater self-rule. By [Saphora Smith](. [OPINION. Tulsi Gabbard and Hillary Clinton's 'Russian asset' spat resurfaces problematic assertions](Gabbard’s views offer a wonderful vehicle to advance Putin’s agenda amongst America’s populist left. But that doesn't mean she's on the Kremlin's payroll. By [Clint Watts](, national security contributor for NBC News and MSNBC. [OPINION. Trump's Syria pullout, aiding Russia and Turkey, is when America stopped leading the world]( Since the end of WWII, every other president understood that U.S. power and wealth can only be sustained by assuming great responsibility. By [Mark Dubowitz](, CEO of the Foundation for Defense of Democracies, and [David Adesnik](, director of research at the Foundation for Defense of Democracies. WHAT TO WATCH THURSDAY The late Rep. Elijah Cummings will lie in state in the U.S. Capitol. He is the first known black elected official to receive the honor. As lawmakers mourn the late congressman, a series of depositions related to the impeachment inquiry have been postponed. At 1:45 p.m. ET, President Trump will participate in the ceremonial lighting of the Diya for Diwali, the Hindu festival of lights. Then, at 4:30 p.m., the president will present the Presidential Medal of Freedom to Penske Corporation founder Roger Penske. We will continue to bring you the latest. Watch MSNBC and follow the [NBC News live blog]( for updates. This newsletter was prepped for you by Natasha Roy and Sam Go. Tell us what you think of the news and [drop us an e-mail](mailto:msnbc.digital.editors@nbcuni.com?subject=MSNBC Daily). Check out [our YouTube feature](, "The Day That Was," a review of MSNBC's primetime coverage. Were you forwarded this email from a friend? [Subscribe here](. [Unsubscribe](listvar=sub_daily) A new episode! 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