Transcripts For MSNBCW Jose 20240704

Were following Breaking News out of gaza, where local officials accuse Israeli Soldiers of opening fire on a crowd of unarmed civilians in gaza city. I want to warn you, the video youre about to see is graphic and it may be difficult to watch. The incident occurred when a crowd gathered to receive humanitarian aid at a distribution site. Gazan Officials Say dozens were killed and hundreds more were injured. An israeli official confirms to nbc news they used live fire, but said the crowd posed a threat to the soldiers. The news comes as the hamasrun Ministry Of Health says that more than 30,000 people have now been killed in gaza since the october 7th attacks. Last hour, while leaving the white house for the southern border, President Biden addressed the latest developments out of gaza. Joining us now is nbcs josh lederman. Also with us, Retired Four Star General barry mccaffrey, nbc news military analyst. What do we know about that happened here today . As is so often the case in the immediate aftermath of these tragic incidents, the circumstances are very much in dispute. The palestinian authorities in gaza are calling this a massacre, saying that the Israeli Military unloaded on desperate palestinians, simply trying to get assistance that they so badly need. But, the Israeli Military is putting out new information as they try to respond to the global uproar over this. They now say there were actually two separate incidents. They say this occurred around 4 00 a. M. When there was a convoy of some 30 trucks and that as that convoy was moving through a checkpoint, essentially, that thousands of palestinians surrounded those trucks, trying to get the aid created a Stampede Situation where many palestinians were run over, otherwise injured. And then they say that a short while later, as that convoy continued to move north toward northern gaza, that there were palestinians who approached Israeli Troops, who were actually protecting that checkpoint. They say that the Israeli Military fired warning shots into the air and then when those palestinians continued moving toward them, they eventually shot live rounds at those palestinians. Now, no video of any palestinians approaching Israeli Troops has yet been released by the Israeli Military. Though they do say they are investigating, while the National Security council in light of those comments from President Biden says that this is a very serious incident, that they also are look at. What this makes clear, jose, is that the humanitarian crisis and the war in gaza, the active combat, these are no longer distinct calamities for the palestinian people. It shows just how much these are becoming one. The dire and growing need for basic necessities like food, clean water, and medicine is fueling this instability, leading palestinians to take more and more drastic measures to get the aid that they need, including approaching and sometimes surrounding these aid trucks as this trickle of humanitarian aid makes it into gaza. At the same time, the ongoing fighting the israeli attacks and bombardment within the gaza strip is making it so much more difficult for that humanitarian aid to get into the gaza strip, which is one of the reasons why a number of nations including jordan and canada are working to air drop aid into the gaza strip, and now u. S. Officials telling nbc news that the United States government also considering air dropping humanitarian aid into the gaza strip to try to make up for the lack of aid that is getting in through those trucks coming in from egypt and from the israeli border. Jose . General, what do you make out of this news, out of gaza, and the president said there are still different versions of what may have happened and when. What do you make of that . Well, that was an excellent report by josh. At the end of the day, you got the better part of 20,000 hamas fighters underground, Still Holding hostages, determined to conduct high intensity Combat Operations against the idf. Humanitarian crisis is real, it is growing, it is growing desperate. They need four or 500 trucks a day into the region. They need to be able to distribute it. Not just the entry points, but how do you get to the people in some fair and logical manner. It is going to get worse. The solution of air dropping, Parachuting Supplies to 2. 4 Million People is utter nonsense. That cant be done. It is a political gesture. So the pressure on the idf to stop Combat Operations, i doubt they will, unless they get the hostages back. So this situation is going to get worse. So, general, youre saying an airlift would be impossible . I mean, there were airlifts in, i guess, june 1948, right, in berlin, they were able to give food and some desperately needed different water, et cetera, and medicines for more than 2 Million People. Why do you say thats an impossibility . Well, if you took the entire United States air force, there is no Landing Strips inside gaza. There is no airport. There is no around the clock massive coordinated effort, there is no German Police force maintaining law and order. So, you can deliver Parachute Supplies to isolated 10,000 u. S. Soldier concentrations, but you cant feed and bring water to 2. 4 million gazans. I think this is a valid political gesture, but in no way is this a solution. They need a ceasefire, they need the hostages returned, and they need some independent Arab Authority to take control of gaza. None of those seem likely to be happening. And just the whole repercussions of what occurred there today, just wondering, general, there are so many different interests at play here. We remember at times, for example, the gaza run Ministry Of Health said that the bombing of a hospital in gaza was the responsibility of israel. Turned out that that was highly questioned. They initially said there was 500 dead, that was, of course, later subsequently found not to be the case. But with all of these interests percolating, how is it that we can get to the truth of what happened here today . Well, we cant. The idf will have the most authoritative possibly objective explanation over time. They are a lawbased military force, it is very possible, however, the idf did fire on a crowd. 19yearold soldiers, fearful of being surrounded by masses of palestinian so it may well have been an illegal operation of firing on unarmed civilians. Well have to wait and find out what the idf publicly claims. Everything that hamas claims is information warfare. It is all distorted for their advantage. They know holding on to the hostages is the only ticket they got left. Israelis know if they ever pulled out of gaza, without getting the hostages back, they never get them. So this is really at a loggerhead and the suffering of the palestinian people, the civilians, is going to get more intense over time. And, josh, the president , once again referring to the difficulties in the negotiations conversations going on under way to see if we could get some of those hostages out in a possibly either pause or ceasefire. Those conversations need to now be a lot more difficult because of what happened in gaza. That certainly is the case. It is pretty interesting, when President Biden a few days ago made the comments about being hopeful that there could be a new hostage deal by monday, there were some high brows raised across the region. Israel, where they suggested nothing was imminent, certainly within the gaza strip, where hamas officials said that their demands were still far from being met and even from the qataris who are so hard at work trying to broker this agreement. Now we heard President Biden say today conceding that may have been a little bit too soon, it is probably not going to happen by monday. But State Department and other u. S. Officials maintained they remain very optimistic about this because they say there has been progress in these talks, both sides are showing a little more flexibility than they were a few weeks ago. And even showing some optimism just the mere fact that these parties remain engaged, at the table. Because there was a period of several weeks where these talks had pretty much stalled out. And so there will be no deal until there is a deal and oftentimes these things look very pessimistic right up until the point where there is a breakthrough. But, right now, all indications certainly from the region are that there are still a lot more work to do to get to a new hostage and temporary ceasefire deal, even as this deadline of the beginning of ramadan is approaching, where israel has said it intends to go into rafah if it has not reached a new deal with hamas for a Hostage Release as well as a temporary ceasefire. Josh lederman and general barry mccaffrey, thank you both so very much. Appreciate it. Breaking news on capitol hill, right now defense secretary lloyd austin is testifying before the House Armed Services committee over his failure to notify President Biden about his hospitalization for complications following Prostate Cancer surgery. Austin taking full responsibility amid tough questioning. Who will be held accountable for this . This embarrassment . I take full responsibility. And we put measures in place to address the shortcomings. Are you surprised the president didnt call for your resignation . Im surprised. But are you surprised he didnt call for your resignation . The president expressed full faith and confidence in me. Joining us from capitol hill, is sahil kapur. What is the latest from the hearing . Reporter well, Secretary Austin is facing multiple contentious questions just like the one you played there on that secret multiday hospital stay. The crux of his testimony is that austin is admitting that he messed up, that the Department Of Defense messed up, specifically he said there were missteps, but never any ill intent. He said, quote, we didnt get this right. What hes emphasizing is the Command Structure here worked fine, but he transferred power in that situation to his Deputy Kathleen hicks, who had all the tools she needed to do the job, what he also admitted is the Notification Process fell short and he should have informed congress and the public of what happened. Austin said he is creating institutional changes to prevent Something Like this from happening in the future, that includes specific processes and mandatory reporting. He said beyond that, the department is focused on the biggest adversaries to the United States and Foreign Policy goals involving china, the middle east, ukraine, focused on the defense of our nation, as he said. That was not enough for some lawmakers. Congressman jim banks, who called on austin to resign over this, said, quote, our adversaries should fear us and what youve done is embarrass us. He said, foreign adversaries are using this situation to try to paint the u. S. As being in chaos. That left a bit of pushback from democrats including the Ranking Member adam smith who said it is not surprising that chinese and russian propaganda organs are trying to exploit this to paint the u. S. As being in a chaotic situation. He said republicans should spend less time nitpicking the secretary of defense. One thing austin did request of his own is they pass a full year appropriations bill, a way for them to help the troops to protect the Department Of Defense. Thats up in the air for the defense department. They struck a deal for six appropriations bills. But not the pentagon. Jose . Sahil kapur on capitol hill, thank you very much. Were back in 60 seconds with the Supreme Courts decision to take up trumps Immunity Claims. Does it give him a win in his effort to delay his federal election interference trial . Plus, the humanitarian crisis at the border and the spotlight today, as President Biden and former President Trump both head to texas. And later, the Massive Wildfires in the Texas Panhandle turning deadly, while devastating more than a million acres. Devastating more than a million acres. One breath. Can delight them all. Protect yourself against rsv. With pfizers abrysvo a vaccine to prevent lower Respiratory Disease from rsv in people 60 years and older. Its not for everyone and may not protect all who receive it. Dont get abrysvo if youve had an allergic. Reaction to its ingredients. A weakened Immune System may decrease your response. Most common side effects are tiredness, headache, injectionsite pain and muscle pain. Ask about pfizers abrysvo®. Because every breath matters. Ohhh crap. Now we gotta get france something. Wait we can use etsys new gift mode alright. Done. Plateau de fromage oh la la dont panic. Gift easy with gift mode, new on etsy. A force to be reckon with. No, not you saquon. Hm . You your Business Bank account with quickbooks money, now earns 5 apy. 5 apy . Thats new yup, thats how you business differently. 14 past the hour. Now to a Major Development in the legal drama surrounding former President Donald Trump. The u. S. Supreme court agreed to take up trumps claim that he is immune from prosecution because his alleged attempts to overturn the 2020 election occurred while he was still in office. The High Court Said it would hear arguments the week of the 22nd of april. The announcement comes just over three weeks after federal Appeals Court rejected his Immunity Claim. With us now to talk more about this, nbc news justice and intelligent correspondent ken dilanian, mary mccord, former Attorney General for National Security, now an msnbc legal analyst, and cohost of the prosecuting donald trump podcast, and michael zeldin, special counsel to robert mueller, now an adjunct professor of american universitys Washington College of law. What exactly will the Supreme Court be looking at here . Good morning, jose. In the unsigned order, agreeing to take this case, the Supreme Court said it was going to consider the question of whether and to what extent a former president enjoys immunity from prosecution in connection with official acts while in office. That term official acts is important. It underscores there are two issues here. The question of immunity for official acts and the question of is what donald trump is accused of doing in connection with trying to overturn the election, are those were those official acts . Because special counsel jack smith argues they were not. So you can see a way to a possible compromise here because the idea that a president could exercise could call local officials and pressure them to change votes and that could be called an official act of the president , when the president has no role in state by state elections, is questionable to a lot of people, jose. Mary, what do you make of the Supreme Courts decision to take up this Immunity Claim . Well, i think given that it took them almost two weeks to decide how to rule on the motion for a stay and ultimately decided to take up the entire Cert Petition came as a bit of a surprise. It took longer than it seemed like it should have taken if they were going to grant cert and take up the case. I think ken raises an important issue, though, because a lot of people are questioning whether there is any chance we could still get to trial before the election. And i think it very much depends on how they rule here. If they decide to affirm the d. C. Circuit and say there is no immunity, even for official acts because the first part of their question is whether and to what extent there is immunity, they decide there is no immunity for official acts, this could get back down to the District Court and potentially get to trial before the election. If they decide theyre going to remand for judge chutkan to decide in the first instance whether mr. Trumps conduct as alleged in the indictment falls within the outer perimeter of his official acts, that could add additional delay. And even an opportunity for another appeal. So, i think well see jack smith arguing, you dont have to decide whether there is ever any situation that could be conceivable, where a former president could be immune from prosecution criminally for official acts. You need to decide that in this case, on these facts, even if there is some immunity that might have played in other facts, this shouldnt apply here. Michael, how you to read it . Does it seem odd or surprising to many that it took the Supreme Court two weeks to decide whether to take it up or not. Who is this a win for . What is odd about this, if they want to take the full Cert Petition, why not do this in december . Why have this intermediary decision, two week delay, an expedited decision. They could have dealt with this in december and been done with it. The delay doesnt really help jack smith because if as mary says the court says there are some outer boundaries where it is possible for a president to have immunity and send it back for further hearing, this wont get tried before the november election. If they decide just to say no, not now, maybe later, go to trial, then i think we can still have a trial starting in about august. How is trumps team reading this and the smith team reading this . I think The Trump Team is elated they have delay, because their hope is he wins the presidency. The case goes away, and, you know, never to be heard from again. And i think smith has got to be disappointed because he wanted this to be held before the court in december and now were not going to get a real likelihood of ruling until june, late may, and so that cant be good for him. The thing about this is in bush v. Gore, it took two weeks for them to get a decision. In nixon, watergate, it took six weeks. Well see what timeline the court is following. Ken, what is the timeline for this to play out Going Forward . How soon could this go to trial if the court rules against trump . Well, if the ruling comes out in june, as many people would expect, then conceivably it could go to trial in the fall. Because dont forget, this case has been suspended, so judge chutkan said she would give the defense a certain number of days to prepare for trial. And so there would still be a delay, but potentially this thing could get to trial september, october, that is still cutting it pretty close. That assumes no margin for error. That it assumes some of the complexities that the other guests have discussed dont occur. So, a lot of wild cards here. The bottom line is that this makes it much less likely that this election case goes to trial before the election, and really puts the spotlight on the new york Hush Money Case as the only criminal trial that seems very likely to go to trial before donald trump faces the voters in november. And, mary, there is also the issue of Justice Clarence thomas wife being in touch with the white house and other officials advocating for efforts to overturn the vote. Does this have an impact on the justice on Justice Thomas himself . Well, Justice Thomas, you know, i think there is many people who have said, rightly that this is probably a case he should recuse from. There is no indication that he recused from the decision about granting cert in this matter. I dont expect that we will see him recuse. He has not recused from anything else so far related to these matters. And, you know, this is something that is selfpoliced. It is policed by the justices on their own, there is no other law or Binding Authority that requires recusal. And so if left up to his own devices, it would be a surprise to me to see him recuse, though there are certainly reasons why his participation could give the appearance of, you know, partiality given the context of his wife had with the white house at the time. Thank you so much for being with us this morning. So appreciate it. Up next, texas split screen. Were live and the two texas towns where President Biden and former President Trump will visit today. What theyre expected to say to voters on this critical campaign issue. And moments ago, the first senator throws his hat in the ring to replace Mitch Mcconnell as Republican Leader. Well tell you who next. Youre watching jose diazbalart reports on msnbc. Youre watching jose diazbalart reports on msnbc. Ultomiris is for adults with generalized Myasthenia Gravis who are antiacetylcholine receptor antibody positive. 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Reporter we know he had spoken to some key leaders in the region earlier today because he told me when he was leaving the white house, when i asked him about a potential ceasefire by monday, that that was a key part of this larger conversation and assessment and he said hope springs eternal, but he now knows it may not be by monday, it may be sometime after that, and he also said he knows that the shooting by Israeli Forces trying to deliver aid and with gazans killed as a result of that, he knows that incident is going to complicate the current talks. So the context to all of that is really what was a part of the conversations that he held this morning, with the emir of qatar and the egyptian president. These were separate conversations that the president had, im told, but he discussed the situation in gaza, of course, with both of them, and the current status of these hostage deal negotiations, which we know the u. S. Has been a key player, but it is qatar that has been mediating and having the conversations with other entities to try to get to this framework to see if this temporary ceasefire for six weeks or so can take place to get some of the hostages out who are still being held by hamas in gaza. So the fact that the president is acknowledging that the path from here gets more complicated, given the events of today, is significant, but the u. S. Has been hopeful, they say they continue to stress that they think something can be done here. This adds to the pressure and it will be notable to see, jose, whether the president has talks with any other leaders in the region to see when he nexts speak with israeli Prime Minister benjamin netanyahu, for instance, on all of this. Monica alba at the white house, thank you very much. And happening right now, President Biden is on his way to brownsville, texas, where hes set to address the humanitarian crisis unfolding along the southern border and urge congress to take action. At the same time, about 300 miles away, former President Trump is set to deliver remarks in eagle pass later today. Meanwhile, just right across the border, three miles from where President Biden is visiting, an anchor spoke to a mother of three from Venezuela Living in a camp in mexico. She describes her desperate journey toward the United States. That was a woman named rosa described being kidnapped in mexico, held for months before reaching that camp, where julio spoke with her. She said her family is everything for her and she puts up with everything she has faced to make it through to the United States. Makes her want to cry when she thinks of what they have faced. Joining us now, nbc news senior White House Correspondent Gabe Gutierrez in brownsville. Nbc news correspondent dasha burns joins us from eagle pass and matthew dowd, Chief Strategiest for the bush cheney campaign. What who exactly is the president expected to meet with today and what else can we expect from his visit . Reporter this will be President Bidens second trip to the southern border. He went to el paso in january of 2023. This time he said to me, with local leaders, as well as Border Patrol agents and first responders. Now, the schedule is a little bit in flux. It is sometimes kept under wraps, always kept under wraps for security reasons, but we understand he is set to meet with the local leaders and hear firsthand about what it is like here on the ground. And, jose, hes expected to deliver and calling out House Republicans about what well, we just lost that was negotiated in the senate. Sorry, jose. Sorry, gabe. I apologize, we took a tech hit from you. But i think youre back, please continue. Reporter sure, no problem, jose. Listen, the president plans to call out House Republicans for what he sees as obstructionism. And he really wants to hit that point that the bipartisan border deal that was negotiated in the senate contains money for hiring more border agents, immigration judges, and also more detention beds. Hes calling out House Republicans. And a Senior Administration official tells nbc news that the president is coming here to the border, to maximize the political impact of this trip, one week before the state of the union, jose. And, gabe, do we know what went into the white house decision to actually visit brownsville, places like tucson, arizona, saw 182 increase in migrant encounters. Why there . Do we know . Reporter the white house hasnt said yet, jose, thats a good question and one that Border Patrol agents are asking. I just got done talking with a Border Patrol counsel and there is frustration the president isnt going to a place that is seeing more illegal Border Crossings at the moment, san diego, arizona, and also eagle pass, texas. The rio grande valley, as you well know, in previous years has been the busiest sector, but right now it is not quite as busy as it has been previously for a variety of reasons. But, still, the Border Patrol agent who i spoke with said that while there was some frustration that the president wasnt going to those other places, he did say that it is at least good that the president is coming to this area and seeing what it is really like on the ground and speaking with Border Patrol agents who have to work at this every single day, jose. Indeed. Dasha, meanwhile, what is trumps message today in eagle pass . Well, jose, the Trump Team Tells us hes going to come here to compare and contrast his record against President Bidens. We expect hell highlight individual stories of people impacted by all this. We expect him to arrive at Del Rio International airport around 1 40 eastern, arrive here at shelby park, right on the border here around 3 00 eastern and then well get remarks from him around 3 45 eastern time. Now, the backdrop of this, jose, is polls do show that the electorate is shifting to the right on this issue, not just republicans, but also democrats are moving to the center, center right on this as well. A recent Monmouth Poll shows 84 of americans saying illegal immigration is a serious problem and including 61 who say it is very serious. And these percentages are at an all time high since this question was asked around 2015. Former President Trump is looking to tap into this trip, an issue where he sees some strength, despite the fact that he did help tank that bipartisan border deal a few weeks ago. But this is politically positive for him as his team sees it. He is planning to really capitalize on what we saw in his first administration, he, remember, launched his president ial bid on his hardline immigration policies. He plans to reinstate those, muslim ban, the remain in mexico policy and title 42, which banned Asylum Claims and significantly expand that and the difference if trump is elected for a second term in the oval office, he changed the legal landscape, because of the justices and judges that he has put in place that some of the things that got challenged last time around might be able to keep stay in place this time, jose. Yeah, and matthew, just thinking about it and, dana mentioning the political side of it, which is clearly so important at this time, but, you know, matthew, i just keep thinking of rosa, that mother of three, who is just across the border in mexico and just what she has been tortured with, just so she could try to reach the United States and there she is with her children. These politics of these issues are so important, but it is, like, the humanity of it is so rarely included in that mix. Im wondering what is it you think that matthew, the president could do to bring this conversation back to the human aspect of it . I think thats an excellent point in this. We talk about the polls and all of that, and ive looked at a lot of polls over the last 30 years, especially as i was working for president bush, who is the last republican to try to achieve Immigration Reform, but was stopped by House Republicans in 2005 when he tried to get it done. The American Public is really a twohanded approach to this, or two way approach to this. In one place, they want a strong hand on border enforcement. They want that, and on the other hand, they have a great empathy and heart felt of these immigrants that want to come forward. Because nearly every Single Person watching this or in america is the son, daughter, grandson, granddaughter, great grandson, my great grandfather came here as a 17yearold with no money from ireland, settled in michigan in the course of this, they understand that, but i think the problem has been the Biden Administration and the democrats have been too much in a defensive position on immigration. They have been too much of, like, oh, you know, wait, wait, well give you a few facts, but the border and they instead of going on the attack, which i actually think they should do and i hope thats what President Biden does, which is expresses the humanity that is involved, as you said, but also expresses heres what we want to do and what is stopping us from doing these two things is donald trump and the republicans in congress, and that, i think, is the important thing that has not been conveyed in the course of this. And i think thats where the American Public is. And enforce the border and lets have compassion for the people that are doing nothing except trying to come over here to find a job and feed their families. You know, im so glad you mentioned that 2005 effort from george w. Bush, which he sent to Cabinet Members to capitol hill for months to try and hash out some agreement and i also think of 2010 and i think of, you know, any and all efforts that have gone by the way side, since 1986, the last time there was any comprehensive Immigration Reform in our country. Is it possible in 2024 to think that anything, anything positive, substantial could come out of capitol hill when were living through this so different unique time . Im an optimist at heart and hopeful at heart and i see an unbelievable Human Tragedy that is unfolding and what hasnt also been discussed as much, especially here in texas where i live, and ive been to the border 50 times in the course of this, is how much of an Economic Impact immigrants have into texas. We wouldnt have a Construction Industry in texas. We wouldnt have an ag industry in texas. We wouldnt have Hotel Industry in texas but for the immigrants that have come across the border that helped to build texas to the way it is and all the claims made about texas in the course of this. I believe it came. I dont think this year is the time for it to happen. I think much depends on voters in the november election, and where they go. I think it is likely if it is going to happen is in the aftermath of november if voters actually stay attuned. And one of the things i want to say one final thing is the republicans in Donald Trumps strategy seems to be believe me, dont believe your lying eyes and ears in the course of this. Thats what their strategy seems to be. And they are appealing to peoples emotions in this. Hopefully we get through the 2024 election and we can actually settle down and deal with this both humanitarian crisis and border crisis simultaneously. Thank you, matthew, for those words. It is so important. I just dont know how much optimism can actually exist when you are seeing and hearing far different atmosphere. And, gabe, i understand we have some Breaking News out of texas . Yeah, thats right, jose. Just within the past few moments, were getting this ruling from a federal judge, a federal judge temporarily blocked the texas law that would have allowed local police to arrest people suspected of being in the state illegally. We have been reporting on this before. Known as sb 4 in texas. It comes as this ongoing Border Battle escalates between the state of texas and the federal government. Texas Governor Greg Abbott has thumbed his nose at the Biden Administration repeatedly for a number of reasons, both using a Texas Department of Public Safety to install razor wire here at the border, you remember those bowies that were so controversial along the rio grande and this law, using local and state resources to arrest migrants. Something that has long been considered to be the jurisdiction of the federal government. But, again, that Breaking News, jose, that a federal judge has temporarily blocked that texas law, you know, from going into effect, set to go into effect in march, jose. Yeah, and, gabe, you remember this very well, obviously all our colleagues do, but sb 1070 in arizona, had some very similar lines like sb 4 does in texas and that was struck down. There is precedent on this, but im glad that you bring us this Breaking News at this moment. Gabe gutierrez, dasha burns, matthew dowd, thank you very much. Up next, several communities in the Texas Panhandle are picking through what is left of their homes as this Massive Wildfire there continues to grow. Were live in one texas town that has been hard hit, Ten Years After another fire destroyed hundreds of homes. Plus, another state kicks donald trump off its primary ballot. Why that ruling was immediately put on hold. Youre watching jose diazbalart reports on msnbc. O. Youre watching jose diazbalart reports on msnbc. Democrats agree. Conservative republican steve garvey is the wrong choice for the senate. Our republican opponent here on this stage has voted for donald trump twice. Mr. Garvey, you voted for him twice. As your own man, what is your decision . Garvey is wrong for california. But garveys surging in the polls. Fox news says garvey would be a boost to republican control of the senate. Stop garvey. Adam schiff for senate. Im adam schiff, and i approve this message. 44 past the hour. Breaking news this morning from Northern Texas where the Smokehouse Creek fire has become the largest wildfire ever in the history of texas. And it is now heading into parts of oklahoma, at least one person confirmed dead. As many as 23 separate fires have burned about a million acres. It is already bigger than the state of rhode island. Joining us now is guad venegas in Northern Texas. How much of this fire is contained yet . Reporter jose, the last update indicates about 3 of that, the largest fire in state history is contained. But i want to mention how this is almost surreal, to be covering wildfires, jose, under these temperatures. This morning, we started our day in bridge, texas, the temperature dropping to 31 degrees. It started snowing. You can see the rain coming down. We have made our way east, were now just outside of miami, texas, headed to canadian, another community affected. Now, this weather is going to help the fire crews. Theyre going to catch a break with the weather. We have snow in some places, ice, rain at this location. And, of course, the wind isnt as bad as it was days ago. That will give them an advantage as they try to contain this large fire. This extends over 100 miles as you mentioned. It is all the way near oklahoma. And it is very, very far west from us as well. Were in an area sort of inside of where the fire is now burning. So, we have seen some of the communities, especially in bridge, texas, where some of the homes burned down. Authoriies have still blocked off most of the neighbors. A lot of the people that live in the houses that burned down had to evacuate and some have not been allowed back into those neighborhoods and theyre wondering how their homes were affected. It is interesting to see how some of the fires there or some of the areas burned still had hot spots. We saw firefighters go in there to work on the hot spots, while the snow started coming down. So, thats what the weather is like here. And the latest update, jose, also indicates we have four major wildfires that are still considered active. These are the ones that theyre placing most of the resources on. These are the ones that theyre trying to contain as they fight with all of these fires. One last thing, the forecast right now indicates that by the weekend, the weather is not going to be as good when it comes to fighting these fires. And the winds are expected to pick up, jose. Guad venegas, thank you very much. Appreciate it. Still ahead, what is next as a judge blocks Donald Trumps efforts to put off paying a 450 million penalty in the new york Civil Fraud Trial . Plus, the action the house is about to take to avert a government shutdown. Youre watching jose diazbalart reports on msnbc. N. Youre watching jose diazbalart reports on msnbc. My frequent heartburn had me taking antacid after antacid all day long but with prilosec otc just one pill a day blocks heartburn for a full 24 hours. For one and done heartburn relief, prilosec otc. One pill a day, 24 hours, zero heartburn. Right now you can get a free footlong at subway. Just buy any footlong in the app and get one free. Just scan the qr code and Enter Promo Code flbogo. It only works from The Other Side of the screen, buddy. You still got a land line in your house. Order now in the subway app. The virus that causes shingles is sleeping. 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New developments in the legal Battle Around Removing Donald Trump from State Ballots due to his actions surrounding the january 6th insurrection. In the last few minutes, trumps legal team appealed an illinois judges decision to remove trump from the states primary ballot. Illinois became the third state to bar trump from the ballot, citing the 14th amendment insurrection clause. That decision is on hold because the Supreme Court is expected to rule on a similar case in colorado. Joining us now, joyce vance, Law Professor at the university of alabama. Shes an msnbc legal analyst. Whats the significance of this . Whats on the line here . You know, this is just a mounting list of states that are willing to say that they believe former President Donald Trump should be removed from the ballot for participation in insurrection. I think its unlikely it impacts the Supreme Courts ruling in any way. They will simply look at the legal arguments and render a decision, which most of us have been expecting to be in the former president s favor following oral argument. Trump lost his initial bid for an Appeals Court to pause the over 450 million judgment he faces from the Civil Fraud Trial. What happens next there . Right. Its very interesting. Trump in essence was trying to negotiate with the judge, saying i will give you 100 million, but i wont give you 450 million, with interest accumulating every day. Of course, that doesnt work. The impact is pretty simple. Trump can take an appeal without filing this bond, but while he is appealing, new yorks Attorney General is free to go ahead and begin to execute the judgment shes received against him. Shes indicated shes prepared do that. She may, for instance, try to go after some of his Real Property in an effort to satisfy the judgment. Does he have any legal avenues left to try and delay this . You know, i think he has run out of avenues here. Yesterday, the judges ruling split the baby a little bit. Its permitting him to continue to seek loans, for instance, from New York State entities. That was something that the judge put on hold. The core issue is this. Either as a defendant who has lost a case like this, you have to show that you have the ability to satisfy the judgment, you have to put up a bond in that amount or pay the full amount, or the party that you have lost to is entitled to go ahead and begin to collect the judgment from you at that point in time. Theres very little that trump can do to continue to maneuver. Joyce vance, thank you so much. Great seeing you. Still ahead, who will take up the mantle as Republican Leader in the senate after Mitch Mcconnell steps aside . We will tell you Just Announced he is running. First, tributes are pouring in for beloved comedian rich lewis who passed away tuesday night in his Los Angeles Home after suffering a heart attack. Lewis revealed last year he had been living with parkinsons disease. He was known for his sharp wit and selfdeprecating brand of standup comedy. He starred in movies and tv shows. Recently, in curb your enthusiasm. Larry david remembered his friend saying in part, he will that rare combination of being the funniest person and also the sweetest. Today, he made me sob and for that i will never forgive him. Richard lewis is survived by his wife joyce. He was 76 years old. If i could just tell you, a private thing, i was honored to be able to know richard through communications that we had over the years. He was such a gentle, beautiful soul. In our conversations, one thing that was a constant was his optimism. I will miss him. With nurtec odt, i can treat a migraine when it strikes and prevent migraine attacks, all in one. Dont take if allergic to nurtec. Allergic reactions can occur, even days after using. Most common side effects were nausea, indigestion, and stomach pain. 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And we could all unexperience this whole session. Okay, thats uncalled for. 56 past the hour. Senator john cornyn announced he is running to replace senator Mitch Mcconnell as the Senate Republican leader. He is the first to put his name in the hat since mcconnell announced his retirement yesterday. Joining us now on capitol hill, nbcs ryan nobles. Good seeing you. What is senator cornyns pitch to be leader . Reporter he is talking about finding a way to get every Single Member of the Republican Caucus involved in the Decision Making process and has promised he doesnt want to see a Republican Caucus where details and decisions are made behind closed doors with a small group of people. This is part of what he said in a statement this morning announcing his bid for leadership. Its pretty clear john cornyn wont be the only person who puts his name forward to become the next Republican Leader. He is not the only person named john. We expect john thune to jump in, likely john barrasso. Theres a possibility of a dark horse, that comes from the more conservative wing of the republican party, even closely more associated with the former President Donald Trump. We should point out, right out of the gate, one of the first things john cornyn made a point do was tell reporters he has been in communication with donald trump and has talked to him about his intention to run for the Republican Leader of the senate. This is going to be a long process, jose. Keep in mind that the term as leader is not going to run out for Mitch Mcconnell until after the november election. They wont decide on a new Republican Leader until december. The fact that folks are out of the gate, less than 24 hours after mcconnell announced his intention to step down, shows just how competitive this race will be. Meanwhile, the house is set to vote on another shortterm Spending Bill today. Whats in that deal . Reporter what it shows is that leaders are now getting serious about doing everything they can to avoid a shutdown. They are not Out Of The Woods yet. It seems clear that they will get through this initial shortterm Spending Bill that will give them more time to deliberate on some of the big issues. They now have two new deadlines. One is march 8th, a week from today. Thats where half the government will be funded. They do have broad agreement on that First Tranche of bills. Its that second deadline on the 22nd where some of the more difficult decisions are going to be made on some of the bigger departments, like the Department Of Defense, the State Department, and others. They arent there yet in terms of settling on the way they want those departments funded. That could be a situation where we could run into another government shutdown. There is optimism here for once on capitol hill. Ryan nobles with some optimism out of capitol hill for us. Thank you very much. Good to see you. That wraps up the hour for me. Im jose diazbalart. You can reach me on social media. Thank you for the privilege of your time. Andrea mitchell picks up with more news right now. Right now on Andrea Mitchell reports, the Supreme Court decides to hear oral arguments in two months on Donald Trumps claim he has immunity from prosecution. A claim that was soundly rejected by the Appeals Court. That makes it much less likely that his federal january 6 trial could be decided before election day. Former President Trump and President Biden holding competing events along