that is tonight's last word. i will see you again this weekend on the saturday show in the sunday show. the 11th hour with stephanie ruhle starts now. tonight, donald trump gets ready to head back to court for his criminal trial, and another gag order hearing. then, college campuses on edge amid escalating protests over the israel-hamas war and, the far right push to get rid of house speaker johnson. why democrats are coming to his rescue as the 11th hour gets underway on this wednesday night.

good evening once again, i am stephanie ruhle. we are now 188 days away from the election. today was donald trump's day off from court, and he used it to remind voters in key battleground states that he is actually still running for president, but even on the campaign trail, his new york criminal trial was still on the top of his mind. in wisconsin, he railed against what he called the totally conflicted judge. yesterday, the judge held trump in contempt for repeatedly violating the gag order which bans him from speaking about jurors and witnesses. the judge find him just 9000 bucks, but threatened him with jail time. tomorrow, court will resume with another hearing about more alleged gag order violations including the statements. >> are they going to look at all the lies [ inaudible ] they were caught lying in the last trial. that jury was picked so fast, 95% democrats.

the area is mostly all democrat. michael coyne is a convicted liar and he has got no credibility whatsoever. his been very nice. dave has been very nice. nice guy. >> the jury was picked so fast and trumps team signed off on it. please note, is still not going bad on david pecker. keith davidson is going to take the stand on the second day of tell them -- testimony. he is the former lawyer for both stormy daniels and karen mcdougal who offered insight into how this is much -- hutch money deals were made. in michigan, trump took credit

for overturning roe versus wade and turning the abortion rights issue over to the states. these comments come as florida's strict six week's ban goes into effect and as arizona state officially repealed a near-total abortion been dating back from 1864. the democratic governor of arizona katie hobbs says she will sign that repeal into law tomorrow but it will take effect until 90 days after the state legislature adjourns for the summer. with that, let's get smarter with the help of our leadoff panel, nbc white house correspondent michael madeley has been reporting on joe biden for a decade. molly is here and she is already taking notes, special correspondent for vanity fair and msnbc contributor and our dear friend, joyce vance, former u.s. attorney has been 25 years as a federal prosecutor. joyce, judge merchan, who is not totally conflicted, held court yesterday. how do you think is going to

handle the second set of alleged violations? people are annoyed that trump is only paying nine grand, but that is all the judge can do. >> that's right. the statute requires the judge to impose no more than $1000 fine per incident of contempt and he can put trump in jail, and the lock up at the courthouse and what other mechanism he wants to use for up to 30 days but i think the judge may have found his path forward and that is having something to hold over donald trump's head. trump has moderated his behavior in the last week. it is very likely that the judge will look at these new contempt allegations and say that he is going to hold his decision in abeyance and that would mean if trump were to violate again, he could immediately go ahead and take him into custody. with donald trump, that sort of stick approach seems to work the best. he has to appreciate what he is up against before he can finally moderate his behavior,

and look, the judges mostly interested in ensuring the integrity of these proceedings. he wants to get to a verdict here more than he wants to do anything also getting trump to play by the rules is uppermost in his mind. i think that is the option he will take, although he certainly could put him into custody overnight or for a weekend if you chose to at this point. >> on the show, we always say the truth matters, but only if you hear it. republican senator tom cotton recently posted this. the threat to lock up trump for exercising his first amendment right is outrageous. now, tom cotton went to harvard law. every time i hear him say something like that it makes me feel even better about my lehigh education. he knows better. what on earth is he doing, just backing trump no matter what? because this is not outrageous. it is the law. >> that's right. i think that is a savvy assessment. he is backing trump no matter what. tom cotton knows trump does not have a first amendment right here that exceeds the

reasonable, tailored, and narrowed restriction the judge has placed on him to protect the integrity of the trial. this does not have any legal significance. it is pure political support. >> all right, molly. keith davidson has emerged as a key witness in this trial. we're going to hear from him again tomorrow. what is your take on his testimony so far? he is the name no one even heard of until last week. >> right. i think he is like david pecker and that he sets the stage. he speaks to the documents. he speaks to the hush money contract and the fake names and the way they did it and again, there are two things they want to prove. one is that this is not about melania. it wasn't and we all know that but the defense wants to say this is about protecting melania, which of course it was not. then the other thing they want to prove is that this help the

campaign, and i think that he is a really good witness for that. he is also really clear, and part of the play here is to save the very dramatic witnesses. these are the witnesses who just set the table, show you the documents, tell you they are real and i think that is a very important part of the trial. >> donald trump is out there on the trail lien, falsely linking president biden to these protests as though the president is condoning or supporting these protests in some way, shape or form. that is categorically false, but how tricky is it for president biden to message on this, to address this because he is now stuck between republicans, his own party, and protesters. how does he walk the line? >> you know, truck categorically lies about everything. he even had a truth today that the protests were to protect --

distract from the southern border. >> stop calling it the truth. he lied today on his platform. >> right. but this is a tricky situation. you have so many elements of play. foreign stuff, the middle east, protests. you have the police. it is just -- you cannot get a more fraught subject and you also have students and thank god that it is may and that the schools are almost out for the summer. >> come the summer, that is when we see more and more protest in this country, maybe not necessarily on college campuses, but things are going to get dicey. michael, how difficult is this for president zelenskyy -- president biden? he is contending with his megaphone of misinformation and donald trump lying about the president's ties to it. >> you are right that this is such a complex issue and when i think about white house

officials, they say listen, the president's top priority is looking at what he can do to pressure the netanyahu government and israel to try to move these peace talks along, the cease-fire talks, try to get the hostages released. politics are secondary. what is striking when you talk to biden allies as they think he is perhaps missing a moment to do what president biden does best, which is to take a complicated issue and bring his empathy, bring his sense of understanding to this, to tell those who are demonstrating across the country and those who are quietly concerned at home that he understands their concern about this and he is doing everything he can to deal with this problem. you look at what happened four years ago, we remember the protests that emerged all across the country. even in the pandemic, after the murder of george floyd. president biden, then candidate biden was out there very quickly. he gave a major address talking about the importance of supporting law enforcement but also the pain that african-

americans were going through. we haven't seen that yet. that might change next week. the white house announced today that the president is going to give a major speech at the u.s. capitol about anti-semitism. we know how long the president has supported as well, has spoken out against anti- semitism. this is also an opportunity for him to address those demonstrations, those who are behind them, those who are trying to peacefully protest, to say he hears them, as well. >> joyce, that one point in one of trump's rallies today, he actually admitted that he asked to be taken to the capital on january 6, so it is like you know, his lawyers and republicans for the last three years or trying everything possible to distance trump from january 6th in saying this it sounds like he's saying yeah, i presided over it so if you are jack smith, if you are prosecuting donald trump for election interference, do your ears perk up? is he helping you make your case?

>> well, look, i suspect that molly is not the only one taking notes today. i mean, when you have trump making a comment like this at the rally in wisconsin, absolutely. jack smith is getting the video clip and that is something that if this case ever makes its way to trial, i think we will hear the prosecution played out for jurors to show that trump was not distant from january 6. he was engaged. he encouraged. that is not maybe the same thing as proving absolutely that he intended to obstruct an official proceeding, but it is getting close. in cases, whether it is this one or manhattan, they are built on circumstantial evidence. that means not just one piece of evidence or one witness, but layer upon layer of evidence, which makes it unlikely that the intent was not there. this is a great piece of evidence for the prosecution. >> today, vice president harris

was in florida and explicitly tied donald trump to the abortion bands like the six week restriction that went into effect today, but then she added this. >> momentum is on our side. just think about it. since roe was overturned, every time reproductive freedom has been on the ballot, the people of america voted for freedom. from kansas to california to kentucky. in michigan, montana, vermont and ohio, the people of america voted for freedom, and not by a little, but often by overwhelming margins. >> all right, president biden has a lot of accomplishments in infrastructure, climate, the economy, but none of them are easy to message. is abortion the clear issue that this campaign sees to get people to the polls? >> when you look at just about every poll and when you look at

just about every demographic, you see the cost of living, the economy is the number one issue for voters but what is in the biden campaign looks to be the main issue they can go on offense on his reproductive rights. look at what vice president harris said today but also look at where she said it. she was in the battleground state, or at least what used to be a battleground state, florida. 30 electoral votes, one of the biggest prizes on the map. the biden team has been very cautious about the investment of significant money and resources into a campaign in florida when it might distract from the core eight battleground states they have focused on. what we have now seen is not just vice president harris today but president biden a few weeks ago traveling to florida. they see this as an opportunity for a game changing moment in a key state and all across the country, frankly, to go on offense. i remember talking to one of the president's close earnest -- closest advisers in the weeks after the dobbs decision, and this official said this is

going to be an issue that no one sees coming. they're going to underestimate the power of women in this electorate and they have been proving, as the vice president said today, that they are right every step of the way. >> you know what cracks me up, when we say president biden's closest advisers and it is an actual person. when you say one of trump's closest advisers, it's not a 0% chance that it's trump disguising his voice is someone else talking about her grace -- great he is. before we go to break, it's time for an update on our dj t tracker. after rising the last two days, the talk -- stock fell 9%

today. as i have said time and again, trump media is not a real company. when a stock goes up or down it is usually based on something fundamental about the business. not trump's. remember, this is the man who once said his net worth goes up or down based on feelings. and i can't believe i am saying this, but dj t prince might actually be right. one thing we do know for sure, new filings confirm that the donald was awarded 36 million more shares last week. free money. he did not pay a dime for them. that means he now owns 65% of all the shares available and at today's prices, that is around $5.2 million. that is on paper. he cannot sell any of those shares until september and a lot can happen between now and then so we are going to keep watching and make sure you know what is really going on everyday, but 5 billion bucks, that's a number. when we come back, tensions boiling over at colleges across the country over the war in gaza. our next guest tell us what it

is really like it two campuses in the middle of these protest and later, marjorie taylor greene refuses to drop her threat to oust republican speaker johnson, vowing to force a vote next week. but, without republican support, who is this commotion for? the 11th hour just getting underway on a very busy wednesday night. on a very bus wednesday night.

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tonight, police are responding to pro-palestinian demonstrations on college campuses across the country. classes were canceled today at ucla after police responded to a violent confrontation between protesters and counterdemonstrators earlier this morning. this was the day after the nypd made arrest that columbia university and remove demonstrators at fordham university, as well. >> reporter: tonight, police crackdowns continue on college campuses across the country. at the university of wisconsin, madison, clashes. four officers injured and dozens of pro-palestinian protesters arrested. jewish students say they want their voices heard. >> we just wanted to show that we are here and we are not scared. >> reporter: at the university of texas, tents taken down. meanwhile, columbia university says it had no choice but to call the police.

>> the police are making their way onto the campus. >> reporter: overnight, more than 100 were arrested on campus, police releasing this video with no audio showing officers in riot gear taking back control of hamilton hall. today, faculty protested the police intervention pointing to the police crackdown on the same hall in 1968. >> it is clear that shared governance, meaning the capacity of faculty, students and staff to interact with senior administration, to come to resolutions of difficult problems is a lesson learned from 1968. that lesson was lost yesterday. >> reporter: at ucla, tensions between protesters boiling over as counter protesters, some in masks, storm the palestinian encampment overnight. video show protesters fighting, some being pepper sprayed and fireworks thrown into the

encampment. eventually, police in riot gear arrived but made no arrests. >> political protesters were broken up by police but there still is a lot of tension on the campus. >> reporter: college universities nationwide have encampments of students demanding the u.s. divest from israel nationwide. two students like -- schools like brown have reached agreements to de-escalate the tensions. this american flag at unc was put back in place and protected in part by a group of fraternity brothers after protesters had replaced it with a palestinian flag. it is all part of a decades- long history of protest on college campuses helping to spur change over issues like the vietnam war and apartheid, but the right to protest has limitations. >> there is robust protection for first amendment activities when it comes to speech and expressive conduct, but there are limits and one of those limits, obviously, is violence.

>> it is complicated. here to discuss is professor of israel studies at ucla and former editor-in-chief of the columbia spectator and a fellow politico. doug, what's going on at ucla? >> as of now, the protest encampment is still there. in fact, there are many more students who have come out to express support for the protesters. there are a lot of police on the campus and it is quite possible they may be moving in as i speak to clear the encampment but the students who have barricaded themselves inside that protest encampment have determined to stay, so i think there is going to be unfortunately some kind of showdown sooner or later between the police and the protesters inside. >> what is the mood at columbia

today? is it a small portion of students or is have the campus involved in the encampments? what is the feel there? >> right. i will say first, it was extremely quiet on campus today. that is in part because very few people are actually allowed on campus. faculty are not allowed on campus in this they happen to live there and that goes for students, as well. >> so, are you taking classes? >> it is reading week right now. finals week is next week but it is quite difficult to focus on that. i think everybody's minds are elsewhere. not a single library is open. we actually just got guidance from the provost saying that faculty members should consider going easy on us for our finals and all the finals actually have been pushed further. >> going easy on you. you are some of the smartest kids in the entire country that

you got into columbia now this is where you are. four years ago, you lost your senior year in high school because you are stuck at home with covid. fast-forward, it is your senior year in college and you are locked in your dorm room on an empty campus. how does this feel for you? >> personally, i have been reporting on it so it's been exciting, but it has also been difficult as a person who is a member of the community, to watch this happen. last night, i was standing on campus and watched hundreds of nypd officers stream in and forcibly arrest hundreds of protesters. many of them were students. they removed the people who were occupying hamilton hall and also removed the people who had formed a human chain in front of that building. >> students are asking that universities divest from israel but that would be very complicated. endowments invest in all sorts of things, not just one specific company. brown and northwestern were

able to reach deals with their protesters after looking at their investments. do you think that the protesters realize what a complicated request it is, and do you think it's a good idea? >> well, i don't think how different -- they realize how difficult it is for any university to disentangle its investments from a country like israel with a highly globalized economy, particularly as they are calling from not only divestments from israeli companies. i think there's probably very little investment by ucla in in red is really companies but there all he -- they are also calling for divestment from any companies. i think it is impossible for a university or company to divest in that matter given how difficult it is just to identify where they have those kinds of investments

and even if that were to happen, i don't think it's going to be effective in the short term, in terms of changing israel's behavior in the gaza strip, for example, or bringing an end to the weather but i think the purpose of these kinds of demands with divestment, is often more symbolic than substantial. is about demonstrating opposition to israel or disapproval rather than actually trying to bring about a quality change, which i think is unlikely to happen. >> you say you are against what israel is doing in gaza, but you are not standing with the protesters on your campus. explain. >> that's right. aside from the issue of divestment, which i think is likely to be ineffectual, another demand of the protest encampment is to call for a complete boycott of israel, including an academic boycott. as an academic, i believe academic freedom is essential

and i believe that exchanges with colleagues around the world, including israeli colleagues, is important. students gain from participating in study abroad programs, including in israel so the idea of having an academic boycott of any university anywhere, in this case of israeli universities, i think is really not the way to go. it punishes not only israeli academics, many of whom actually oppose the war in gaza but also actually ends up hurting students who might wish to study in israel or do study abroad in israel so i think the demands are problematic. i propose all forms of academic boycott and i also take issue with at least one of the groups that is involved in the student

protest. that is students for justice in palestine. the national chapter of students for justice in palestine, in the immediate aftermath of the october 7th massacre, basically celebrated it. they basically came out and said they support what they call resistance, which in this case, included direct terrorism against israeli civilians and they have not really moderated their rhetoric or position since then, so i think although many of the student protesters are moved and appalled by what they see happening in the gaza strip and want to stop that, i think some of the organizations behind these protests, particularly students for justice in palestine, have a more extreme agenda and have failed to really distance themselves from groups like hamas and failed to condemn terrorist attacks against civilians. >> dov, irie, thank you so much for being here. good luck on your graduation.

i would love to see you be able to walk at your graduation. >> thank you. when we return, marjorie taylor greene does not have the votes to fire her house speaker, mike johnson, but she's going to try anyway. how chaos like this is pushing lawmakers right out the door when the 11th hour continues. when the 11th hour continues. shipstation saves us so much time it makes it really easy and seamless pick an order print everything you need slap the label on ito the box and it's ready to go our cost for shipping, were cut in half just like that go to shipstation/tv and get 2 months free (♪♪) (♪♪) try dietary supplements from voltaren, for healthy joints.

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republicans can always promise these days, it is more chaos. congresswoman marjorie taylor greene said today that she will force a vote to oust house speaker mike johnson next week, blaming his decision to pass emergency aid to ukraine, but that motion is doomed to fail thanks to democrats who promise to support johnson against the motion. for more, let's bring in joe and mark. mark, what is your take on this? >> well, republicans have just clawed their way to the bottom and the problem is that even though it is a slim majority, they are in the majority and increasingly, they are realizing that they can't go home and say they've done anything in the starting to get the signal, especially from donald trump, that this ain't

working for his re-elect and all they got to do is look back in history to harry truman to see how he came and won in a come back because he ran against a do-nothing congress and they realize that if they are in the majority and they are of the do-nothing congress, that's not an asset for donald trump so, increasingly, people are getting the drill that marjorie taylor greene is a human agitation machine and she just clawed her way to the bottom. >> all right, joe. marjorie taylor greene does not have the votes to get rid of johnson, so what does she gain from this and what do democrats gain from saving him? >> she gets a lot of attention from the far right base. i was at that press conference this morning and it was just a freewheeling thing. she was wearing a maggot hat at one point. she likes to do this and get the attention she wants and that's why i think you might see a few more, but certainly not enough republicans, and support her cause if she does

bring this up. she's been threatening it for weeks but she says she's going to do it next week. as far as democrats, they can say they are actually interested in governing, which it has been shown that they are. that is why they wanted to pass the big foreign aid package and johnson getting saved by democrats, though, that is not something that's going to last forever. it might be this one time, it might be another time. who knows. >> the new york times did these exit interviews with lawmakers from both parties who decided to leave congress this year. >> one word i would use to describe congress i was say -- >> dysfunctional >> chaotic >> it's just very challenging. >> last year when the republicans took over the house of representatives they pass 27 bills, which made us the most unproductive congress in any given year and united states history. >> dysfunctional. >> tents. >> dysfunctional, probably a very popular word your hearing. >> is it any wonder they feel this way? look what marjorie taylor greene is doing today.

>> it's amazing to me when i see people like ken buck, who is from colorado where i am from. he was one of the leaders of the freedom caucus and he is a guy saying it's dysfunctional. most members of congress actually go there to do something but the problem is the goal of people there now who are increasingly empowered, people like marjorie taylor greene and matt goetz, their goal is dysfunction. their goal is chaos. their goal is not to govern but just create attention so for people who went there to do something, that's problematic. the problem is those good people are leaving and lisa vacuum that attracts only people who are there to get attention like marjorie taylor greene. >> all right, new topic. marco rubio is reportedly trumps current favorite vp pick, but joe, your colleagues at the bulwark say there could be a problem with two guys from florida on the same ticket. explain. >> the constitution does not allow two people from the same state to be elected president,

or they don't get to collect those electoral votes. trump is now a florida man. he no longer lives in florida. he is staying in new york, at his club in new jersey off and on, but he is a florida resident, so one of them would have to move and obviously, that's going to have to be whoever the running mate is. in this case, it would be marco rubio. other than what was settled in the 2000 case with cheney and george bush, in which cheney abruptly left texas for wyoming, there were a lot of legal challenges that could come up from this and what those would look like, we don't even know yet. but, in terms of this being a problem, i think it is pretty obvious that the trump campaign has a lot of legal problems already, but if they want to take on another that will prompt lawsuits that so far have been favorable, like we saw in the example of them trying to remove him from the ballot in colorado, he's been able to beat these things in

marco rubio could always move. >> marco, trumps not just going to destroy your life, you have to sell your house and move and screw up your entire family's life. trumps guy. joe, nice to have you here for the first time. thanks so much. when we return, we are talking grievances. but, what happens when they become so overwhelming they become the state of the world? we are going to end up with the state of our politics, grievance politics. our next guest explains how we got here and if we can find a path forward when the 11th hour continues. e 11th hour continues.

i know it is late at night but i want you to turn of the volume for this. the blame game. the politics of grievance and victimhood. they have been major factors in america's political conversation in the last decade or so, especially right now, just six months from the presidential election. how did we get here and what does it mean for our country? more importantly, where do we go from here? i'm honored to welcome a professor from duke university. his new must read book is out, "the age of grievance." frank, this is such an important book because you

point out the grievances actually what got this country started. we need sort of respectful, passionate grievance but now it is defining our politics. how did we get here? >> we got here in many different ways. we've gone from negative partisanship to apocalyptic partisanship. the internet and social media have done us no favors giving each of us a different set of facts and information. we can't have conversations that are predicated on an agreed-upon set of facts. we have turned pessimistic in this country. not many americans have the kind of faith in a better tomorrow that they once did and if you no longer think the pie is expanding, you have a much more jealous, possessive, competitive attitude about your piece of the pie and you see everything in public life is a zero-sum game. you are in competition with your fellow americans rather than your fellow americans.

we've seen political fighting going all the way back. i think it has an intensity in the tone right now that is if not new, magnified and more destructive than in the past. >> in the book you talk about the erosion of all sorts of things. for me, it is the erosion of decency that is a huge problem but you talk about the erosion of compromise, and not just in politics. i get why there is no compromise in politics. if you let those guys win, it means you lose but we've actually stopped compromising in our daily lives. >> that is what cancel culture is, right? if you don't believe in everything i do, if you say something that offends me, you're gone, there's no compromise. whatever happened to nuance? whatever happened to and appreciation for complexity? these days something happens and you develop an opinion about it and you shout that opinion and if somebody else disagrees with you, you shout them down. that is part of what is happening on campuses right now

and there is no respect for difference. there is no respect for complexity or nuance. how do we get it back? we talk to children about it in school from a very early age. i get them when they are already in college and i will say, the college students i've taught at duke university, they don't fit the character -- of some of the students we are seeing right now. >> if you watch the media right now everyone is like fire they doing this or it seems like this is overwhelming every college student on every campus in america? >> >> it's not overwhelming do. what i see at duke is that there are a lot of students who feel passionately that what is happening in gaza is wrong. had of -- i had a lot of other

students that are thinking about it. they look around them and when they look at the adults in their lives, certainly when they look to washington and congress, they see people taking absolute dispositions, shouting at each other, playing by a sort of ethic that he who shouts loudest will win the argument or he who uses the most hyperbolic language. that is the message they get, and it is kind of astonishing that more of them don't end up turning everything up to a boil, but they don't and that is something we should feel hopeful about and something we should do a much better job of encouraging and nurturing. >> you think that a lot of these college students, the anger and unrest, is it just about what is happening in israel and gaza, but really the state of the world, whether it is climate change in the future of our planet or that social security won't be here for them, but they just live through with covid and the state of our political system

in the state of the way adults treat one another. is that fueling the feelings they have? >> absolutely. i think they feel a lot of their world is broken and that they feel they have inherited a broken world and they look at the adults in their lives and they don't see people who are trying to fix those problems, and leave them a world in which they can make their way, have success, be contented. i think they're angry about that in a very real and sustained way. >> but, this doomsday end of the world everybody is so angry, do you think any of it is overblown? we do know that the media sort of capitalizes and amplifies the divide but you left right outside of a college campus. i live in a community where people do help one another every day. so many of us helped one another during covid, so is there a chance or a hope that any of this is overblown? >> yes, very much so. you mentioned the media. we all have to do a much better job when we are covering these things of not suggesting that this is pervasive. it's not everyone. it's enough people to be concerned about what we need to do a better job of underscoring the hopeful stories and talking about solutions rather than

just the problems. >> i want to ask one more thing about the problems because victimhood is another kind of theme in your book and it is the people who complain about victimhood the most. people complain about the snowflakes. they are the same people who have capitalized on it. donald trump is the world's biggest victim, just ask him and others would say he's the luckiest guy in the world. >> you just had marjorie taylor green, but she is another example of that. she looks across the political divide it people on the left and says oh my god, all they can do is whine about have victimized -- that is what she is doing every single day with her conspiracy theories, with her pressing this narrative that the entire world is stacked against her and the people who believe that she does. she is cut from the same cloth as trumpet she looks at other people and throws stones. it is so hard to be marjorie taylor green. >> it really is. frank, it's so great to see

you. congratulations on your new book. when we come back, president biden has baked up a new plan to reclassify marijuana. college students are cheering down at duke right now. how this, easing restriction, could impact the country in the future when the 11th hour continues. re when the 11th hou continues. only purple's gel flex grid passes the raw egg test. no other mattress cradles your body and simultaneously supports your spine. memory foam doesn't come close. get your best sleep guaranteed. save up to $800 during our memorial day sale. visit purple.com or a store near you

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♪ ♪ this is something the president talked about during his campaign and he said no person, no american who possesses marijuana should go to jail. it is affecting communities across the country, including communities of color, and so this is why he asked the department of justice to look into this. >> the last thing before we go tonight, high times. a historic shift this week from

the federal government on its stance toward marijuana. the justice department is set to make a major change in restrictions on the drug. >> reporter: for more than 60 years, marijuana has been listed among the world's most dangerous drugs, classified alongside the likes of heroin or ecstasy, but tonight, in a major shift according to sources with knowledge of the decision, the biden administration is looking to reclassify the drug to schedule three, which would allow marijuana to be more easily study for medical benefits. the change would not legalize recreational marijuana. the possession and distribution of which is a still a federal crime. it would recognize it as a drug less likely to lead to addiction. stephanie sheppard served nine years for conspiracy to distribute. >> what does this mean for

incarceration rates in america? >> hopefully it means a step closer to lowering those rates and also, releasing those who are serving heinous sentences for cannabis. >> reporter: public opinion has shifted dramatically in the last 20 years, from 34% of americans who believe marijuana should be legal to 70%. nearly half of states have legalized marijuana for recreational use. but, tonight, one opposition group says the cannabis industry has lobbied heavily to sell the monstrously harmful products and called out the biden administration for a thinly veiled attempt to risk averse polling trends. president biden has already pardoned thousands of marijuana offenders and the move could garner political support this year among young and black voters. the proposed change still has to go through a public comment period and would not become official for at least 60 days. >> we should note that cannabis stocks are surging in the wake of this big news. so, who said that president biden is not pro-business?

on that note, i wish you all a very good night. make sure to turn in tomorrow when i will be speaking to robert de niro about his worst nightmare, a second trunk term, and why he has become so vocal in politics. you don't want to miss it, but for now, i'm going to say thank you from all of our colleagues across the networks at nbc news, thanks for staying up late with me. see you at the end of tomorrow. tonight on all in. >> just this week in an interview he said states have the right to monitor pregnant women to enforce these bands. >> donald trump's american dystopia. >> it is really working out well for people and they are very, very happy. >> is a truly horrific, devastating day in our state. >> people are absolutely thrilled with the way that is