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Eastern, 8 00 a. M. Pacific. Im Jose Diazbalart. We begin with Breaking News in former president Donald Trumps legal troubles. Just in last hour, the new York Court of appeals rejected trumps efforts to overturn the Gag Order in his hushmoney criminal case. Joining us now, msnbc legal correspondent lisa ruben. Good morning. What more do we know about the Courts Decision . Reporter you know, sometimes when a court acts we see an entire opinion. Other times when they reject an application we can see as little ads one word, the word rejected or denied. This is more in that latter category. All we know that the court has said is that former President Trumps application for them to hear an appeal on the Gag Order before his sentencing was rejected because in the courts view there was no substantial constitutional question directly involved. And i want to pause there on the word directly. That may be the Court Signaling that they understand that, for example, the entire case does present a very serious constitutional question now that the security has ruled on president ial immunity. But as to the Gag Order, the new York Court of appeals, the highest court in the state, saying there is no significant question that would justify an appeal before them at this time, jose. So lisa, is that it, or is there a possible appeal . Reporter there is a possible appeal. Usually a states highest court is the End Road for litigants. But where there is a federal statutory federal constitutional question involved, you can go to the Supreme Court and hear what former President Trump is saying as this impinges on his first amendment rights. So we may see an effort to go directly to the Supreme Court. But jose, i will warn you and our viewers that, of course, time is ticking before now and November 5th. And November 5th was really the basis on which former President Trump wants this overturned. He wants to be able to talk about judge marchans family, things that are part of the going order before the November 5th election. Lisa rubin, thank you so very much. Today Vice President Kamala Harris and former President Trump are set to hold their first Campaign Event since their debate on tuesday night. With just 53 days until the election, harris is heading to north carolina, one of the seven critical Battleground States as the campaign looks to make more aggressive push in that state. Trump heading to arizona, another highly coveted state that may be pivotal for his campaign come november. Trump is facing new controversy after 9 11 Conspiracy Theorist Laura lumer joined his trip to New York after she shared a racist post about Vice President harris. Joining us now, nbcs Mike Memoli in charlotte, north carolina, and Vaughn Hillyard who is in tucson, arizona. Vaughn, what are we expecting to hear from the former President Today in arizona . Reporter right. He is here in southern arizona. Hell be delivering remarks here later this afternoon to a crowd here in tucson in this battleground state. Of course exactly what Hell Focus on is an outstanding question. We know that this is part of the western swing that will include a stop at his Golf Club in Los Angeles tomorrow. Hell also hold a fundraiser before making his way to Las Vegas for a rally. Of course yesterday he attended those 9 11 ceremonies, but this is going to be the first time that he takes to a public Campaign Stage following his debate there which he is continues to claim that he won and says on his Social Media account that Kamala Harris lost. So this is going to be his moment to make really his first big public remarks from a Campaign Stage since leaving philadelphia. And vaughn, theres this whole issue with Laura Lumer, the woman who was with trump yesterday. Why has she been in the former president s circle . Reporter right, shes arguably americas preeminent conspiracy theorist. She is somebody who just last year truthed about 9 11 attack suggesting it was an inside job. Two weeks ago she suggested the democrats were behind a School Shooting in georgia for political purposes, and that the fbi was covering it up for political purposes. She is somebody who has really found her way inside of Trumps Circle in terms of proximity to Donald Trump. She was there earlier this year writing on his campaign riding on his campaign plane. She was at the republican national campaign. She was at the memorial stops. And marjorie taylor greene, the congresswoman from georgia, has been on the front lines Last Night and again this morning calling out Laura Lumer as being unstable, somebody who lies, and somebody who is not a good representation of maga, and somebody who is has a penchant for posting racist material like the one about Kamala Harris that you just referenced. So for Laura Lumer, i think that she is not the only conspiracy theorist, though, who is surround has surrounded Donald Trump. Tucker carlson was fired by fox news, yet was given a Primetime Speaking Role last month at the republican national convention. You have the likes of Charlie Kirk who has maintained a close relationship, an alliance with Donald Trump. The peteating Conspiracy Theory that stemmed up over the weekend was in large part promoted by the likes of the Charlie Kirk and jack bisobik, another conspiracy theorist. And this is closing last month and a half of the campaign is concerning to some around Donald Trump, as you heard, including marjorie taylor greene. Because instead of focusing on Kamala Harris and the changed positions that she has had over the course of years or even issues like immigration, instead some of these Conspiracy Theories become prevalent Talking Points not only on Debate Stages but also at campaign rallies. So for Donald Trump here, theres a reality that in a week or two or within two weeks theres going to be early ballots that are going to voters in several key Battleground States. I think thats where this event in tucson is going to be a real indicator of exactly where his mind is at in these closing days of getting his Campaign Message out before those mailin ballots reach the hands of voters. And meanwhile, mike, how is the Harris Campaign looking to capitalize on the Vice President s Debate Performance . Reporter well, think about it, we had this unusual Oneday Pause Yesterday in the campaign as the Vice President was commemorating the anniversary of 9 11. But democrats who were overjoyed with her Debate Performance, eager to put that momentum now back into play here. Theyre doing so in such a critical state, north carolina. One they hope the Vice President can pick up. It was a close fought contest here four years ago. But Donald Trump did win. They think this is their best chance for a pickup opportunity. And the Harris Campaign is launching what theyre calling a new phase of this campaign. The new Way Forward Tour that the Vice President s going to be kicking off today with two rallies in north carolina. Here in charlotte, later in greensboro. Tomorrow shell be with making two stops in pennsylvania where, of course, she spent a lot of time before and of course during that president ial debate. And what the campaign is saying is that this is an opportunity after what has been really a whirlwind period for her, becoming the democratic nominee, having to choose a running mate, going out on an initial Battleground Tour with her running mate, then preparing for the convention and debate. To now get on their aggressive push to make the case to voters that she made on the debate stage. The Harris Campaign has been pouring through the debate for some moments that they can spotlight and some new television ads. Theyve put one out not on maybe the viral moments weve been talking about, but with the Vice President in that Debate Making A very clear case about wanting to present a more optimistic vision for the country. Now were see something of that Energy And Enthusiasm already on the ground here behind me where the Vice President still hours away from getting here. They rally not for another six hours or so. Voters have been on line since as early as 3 30 this morning, jose. You see sort of a Concert Atmosphere with some merch on sale. This is something that voters tell me they cant wait to see her and to keep that momentum going. And mike, the Harris Campaign received a new endorsement from an antitrump republican, who is it . Reporter yeah, thats right. Its Alberto Gonzalez who mentions, of course, he has a unique biography as a former Attorney General and as white House Counsel in the bush administration. He says what concerns him most, calling Donald Trump the biggest threat to the Rule Of Law in a generation. This is not necessarily an endorsement that the Harris Campaign was soliciting. Gonzalez, you may remember, was a controversial figure in the bush administration. But it does speak to what the Harris Campaign has put forward as a major argument in this campaign, that given power put back in the White House, and you heard the Vice President say this on the debate stage, without the guardrails because of the Supreme Courts immunity decision, what this would mean for the country if he was given the power of the presidency once again, and thats the Argument Gonzalez is making in this new oped. Mike memoli and Vaughn Hillyard. Thank you so much. More Breaking News. This morning in New York, disgraced former Movie Mogul Harvey weinstein facing new Sexual Assault charges. Earlier in a new York Courtroom prosecutors announced the Grand Jury has indicted weinstein with additional crimes. It comes after his 2020 new York Rape conviction was overturned earlier this year. Nbc News Entertainment Correspondent Chloe Milas joining us this morning. Good morning. Whats the latest . This just happened moments ago. Harvey weinstein being indicted on new incidents of Sexual Assault assault. Now we do not know if these allegations are from one woman or more than one. We also do not know their names. We dont even know who the attorney is representing this victim or multiple victims. The incidents are allegedly from the winter of 2005 to 2006. And again in 2016. Harvey weinstein was not in the courtroom today. He is currently recovering from Heart Surgery earlier this week. Hes in bellevue. And the judge did agree that Harvey Weinstein, he can stay at the hospital at bellevue instead of returning to rikers like prosecutes wanted him. Look, theres another Court Date next week. This is when Harvey Weinstein will be arraigned. Currently this indictment is under seal. Nbc news was first to report last week that this indictment was coming, that a Grand Jury had been convened to hear from an accuser or multiple accusers. This is all coming, jose, after Harvey Weinsteins 2020 Criminal Conviction was overturned in the spring by the new York Court of appeals. In a stunning 43 decision. At the time the new York District Attorneys Office coming out and saying we will try Harvey Weinstein again, and they did intimate that they were speaking to potential new accusers. Its unclear if harvey is going to be going to trial at the current Trial Date set for november 12th. That could change obviously because of this new indictment, jose. Its also unclear if it will all be compounded together where he will be tried to the original 2020 charges, and will he be charged tried on the new . Or if this will be potentially two trials. We do know that new York Prosecutors want it to be one trial. Again, stunning news just moments ago, and obviously a lot more to learn when that indictment is unsealed next week. Chloe, thank you so very much. Up next, Tracking Francine and the Lifethreatening Flooding shes left behind after hitting louisiana as a cattwo hurricane. Well tell you where shes headed next. Plus, were going to go live to an Ohio City at the center of a raging Immigration Debate. What we found out about trumps claims that migrants there are eating pets. Later, a highrisk historic moment in space. Take a look. This is real. The firstever civilian space walk. Were back in 90 seconds. Youre watching Jose Diazbalart reports on msnbc. A test or approve a medication. We didnt have to worry about any of those things thanks to the donations. And our family is forever grateful because its completely changed our lives. Ok limu you set it, and as i spike it, ill tell them how Liberty Mutual Customizes car insurance, so they only pay for what they need. Got it . [squawks] did you get that . Only pay for what you need. Liberty, liberty, liberty, liberty. If you have to cut, pack, drive, scout, weld, stack, feed, pull, load, tow drop, and haul, all in a single day, then you just have to get in the seat of the new John Deere gatorâ„¢ xuv. Learn more at your John Deere dealer. New projects means new project managers. You need to hire. I need indeed. Indeed you do. When you sponsor a job on indeed, its easier for talented candidates to find it. Which makes it easier for you to hire them. Visit indeed. Com hire my little miracle is beckett. A Thousand Years by Christina Perri i have died every day waiting for you we wouldnt be where we are without saint jude. And in turn, we wouldnt be where we are without those people that have donated. we are following more Breaking News. Francine has been delayeded to a tropical depression after hitting louisiana overnight as a categorytwo hurricane. Storm battering the coast with high winds and heavy Rainfall And Flooding entire neighborhoods. More than 300,000 people are still without power. And Take A Look at this moment captured live by our Nbc Affiliate in new orleans. A good samaritan saving a driver whose car was sinking into a flooded overpass. Joining us now, nbcs Kathy Park in houma, louisiana, and Meteorologist Bill karins. Kathy, what are you seeing on the ground there . Reporter good morning to you. Yeah, so this is a day of recovery. And this morning were getting a better look at the damage left behind by hurricane francine. As you mentioned, this roared ashore as a cat two. Here in houma, this community was probably one of the hardest Hit Communities in this area, in Southern Louisiana. As we drove in here, we saw a lot of scattered debris, some ponding still on the roadways. But we have landed in this one area right here. This is probe the worst structural Damage Weve seen so far. Were told that this is a popular Flea Market in town. You can see just the extent of the damage. The Brick Wall completely collapsed, and all of the items here kind of scattered around. That roof almost peeled back like a tin can. So these wind gusts, were told, measured around anywhere between 50 to 70 miles per hour. And it was for an extended period of time, roughly four hours. So this is just an example of the damage left behind in houma. But you can see here, jose, a lot of activity going on obviously. Folks are deadlining up. We have crews here trying to begin their repairs. But the other big headline that we are tracking, jose, of course, are those power outages. Hundreds of thousands of customers across Southern Louisiana still without power at this hour. We know that crews are working around the clock to get that power restored. The governor will be in this area later on this afternoon. So hopefully well have an opportunity to ask some questions and get a better sense of how much damage he is seeing, as well, across Southern Louisiana. But once again, the big headlines, the power outages, structural damage here in houma, and people are continuing at least beginning the cleanup process today. Jose . Kathy park. Thank you so very much. Bill, when you and i were speaking, exactly 24 hours ago, we were looking at what was maybe a catone hurricane. It quickly got into cat two category. Wheres it heading now . Its worth saying that this thing in the two hours before Landfall Yesterday started to deep and quickly, rapidly increase. If it had been had had another two or three hours over water it would have been a major hurricane, im positive of that. Were actually fortunate that when it started to against all odds, started to flare up, moved on to land. So then as it went and wiggled its way toward the new Orleans Area Last Night, it produced just epic amounts of rainfall. About eight inches. For Fastmoving Storm, that was impressive rainfall. Usually a Fastmoving Storm you dont get that type of Flash Flooding. Eight inches at the airport. And since then its moved due northwards. It still has curved bands. Its pouring in areas of mississippi. Another piece of it broke off, moving through the Florida Panhandle with the severe weather threat. Well focus on the heavy Rain And Flash flood threat. Thats going to be pushing up toward memphis throughout this afternoon and this evening. We expect bands of heavier rain to develop from birmingham northwards into southern tennessee. Thats another area of concern. Thats why we have what we consider a moderate risk of Flash Flooding including the birmingham area. Theres a likelihood that well be tracking that this evening. Well be having isolated cases of strong storms and Heavy Rain through the Florida Panhandle. So we have two Flash Flood warnings now, about 12 Million people included in the Flash Flood watches. This Tornado Risk goes from birmingham to montgomery and then down through the Florida Panhandle. Weve been tracking this line of really strong storms. Its exiting panama city, now its heading down hear around arch latch cola. These are the lightning strikes. That will be the threat through the panhandle. If youre in tallahassee, this line will head your way eventually. And again, weve already had at least one tornado reported with that. And of course were at the peak of the hurricane season. Theres many areas to watch. Most of those are far out in the atlantic. Well deal with those in a week or so. But there is possibly tropical development or a subtropical development off the Carolina Coast this weekend. That will be the next thing to track. Thank you so much. Appreciate it. And we are following Breaking News out of california where a 4. 7magnitude earthquake struck this morning. The epicenter was just north of malibu, california. The earthquake could be felt in Los Angeles and as far as baja, california, and mexico. No reports of injuries or damage at this time. Up next, is there any truth to trumps claim that migrants in springfield, ohio, are eating pets . Were live with what residents are saying. Plus, were less than three weeks away from another potential government shutdown. Whats next after House Speaker Mike Johnson delayed a vote on his plan. Wait for insurance to approve a test or approve a medication. We didnt have to worry about any of those things thanks to the donations. And our family is forever grateful because its completely changed our lives. Smile you found it. The feeling of finding Psoriasis Cant Filter out the real you. So go ahead, live unfiltered with the one and only sotyktu, a oncedaily pill for moderate to severe Plaque Psoriasis, and the chance at clear or almost clear skin. Its like the feeling of finding youre so ready for your closeup. Or finding you dont have to hide your skin just your background. Oncedaily sotyktu was proven better, getting more people clearer skin than the leading pill. 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Jude gives us that. [music playing] the moment i met him i knew he was my soulmate. Soulmates. Soulmate [giggles] why do you need me . [laughs sarcastically] but then we switched to tmobile 5g home internet. And now his attention is spent elsewhere. But im thinking of her the whole time. Thats so much worse. Why is that thing in bed with you . This is where it gets the best signal from the Cell Tower ive tried everywhere else in the house theres always a new excuse. Well if we got xfinity you wouldnt have to mess around with the connection. Therapys tough, huh . Mmm. Its like a lot about me. [laughs] a Home Router should never be a home wrecker. Oo this is a good book title. 23 past the hour. Were following a developing story from springfield, ohio, where officials say City Hall is closed today because of a bomb threat. It comes as this small Ohio City finds itself at the center of the Immigration Debate because of claims made by former President Trump and his allies. In springfield, theyre eating the dogs, the people that came in, theyre eating the cats. Theyre eating theyre eating the pets of the people that live there. Trump referring to unfounded claims that pets have been harmed by members of the haitian Migrant Community that have relocated to springfield. City officials say theres no evidence of any of that. Tension over the migrants reached a Boiling Point last year after an 11yearold Boy was killed when a School Bus was hit by a van driven by a haitian migrant. The Boys Father pleaded for people to stop the hate. Clark was killed by a 60yearold white man, but if that guy killed my 11yearold son, the incessant group of hatespewing people would leave us alone. Did you know that one of the worst feelings in the world is to not be able to protect your child . Even worse, we cantine protect his memory we cant even protect his memory when hes gone. With us now more from springfield, ohio. The Msnbc Analyst and host of Mornings With Zerlina on sirius x. M. And progressive meeting for the clinton campaign. Youre there, whats the community like . Reporter well, good morning, jose. Here in springfield, ohio, the tension really is palpable. As many as 15,000ationses move to the city of about 60,000 people over the last few years according to state officials. Thats because local officials were advertising the Citys Affordability as well as new manufacturing jobs. So people came here to have a better life, and now theyre reeling and really sad and shocked by these baseless allegations being made against them. City officials said theres no evidence of these claims. But Haitian Immigrants now who fled insecurity in haiti are now feeling unsafe on these streets, telling me this is trauma on top of trauma. Listen to what one haitian immigrant told me. Its hard on them. Its hard on them because they have to deal to get a job, to settle down, to hear all those false accusation, its a real i can tell you its really hard on them. They are being more traumatized. Reporter and i talked to one man who said hes really fearing harassment because his coworkers in his Construction Job that he has legally have been continuously asking if he eats cats. Its making him depressed, he told me. I did talk to a longtime resident, a man who helps manage a Facebook Group dedicated to saying they want to stop in these influx of Haitian Immigrants. I asked him specifically what he would say to Haitian Immigrants who say theyre here to try to revitalize springfield, ohio. Take a listen to what he told me to response. Thats not whats happening for springfield. It might happen for them, it might happen for the landlords that are enriching themselves, the City Manager whos trying to pad his budget with more federal defense spending. But its harming, again, the poor and Working Class people in this town. Reporter now that resident said he believed that these baseless claims are credible. He also told me he blames the city for not having enough resources to help out with the medical needs and the social services needs of Haitian Immigrants. We know City Officials have asked for more resources to help this population that is growing and changing. Really a lot of tension here and heartbreak. You know, yamiche, again, you know if you ever want to meet an honest, hard working, extraordinary people that come to give and not to take, its the haitian community in this country. Im just wondering how is the haitian community and those 60,000 people that were there and have seen this influx of extraordinary people, how is that bond going . Reporter its really interesting because i Haitian Immigrants here told me that they came to springfield and actually felt welcomed by a lot of people. They felt like people were happy to have them here. There were a lot of Job Openings here, and people were being nice to them. And now, of course, theyre thrust into this Conspiracy Theory and really are now part of this sort of national debate on immigration. So theres now been this tension thats been sort of thrust upon them. There are residents who dont want to see Haitian Immigrants here. But there are a lot including one man i talked to who said hes voting for Donald Trump but said if the haitians are here legally he doesnt have a problem with them. He did tell me, though, hes worried about what this will mean for the future because hes saying if Donald Trump gets elected, if former President Trump is back in office and he takes away the legal status of these haitians, whats going to happen then . He as someone whos not a republican whos not really in favor, frankly, of having haitians here, hes saying as long as theyre respectful im happy to be here. There are of course others including Haitian Immigrants who are thinking about leaving. Some of saying i dont feel safe, i dont feel comfortable here. The place that i came, what i was told was going to be a city welcoming me is turning against me. Its really i think in some ways a hard future to look forward to when you think of sort of the way forward in this place. Jose . Yeah. I mean, theyre there legally because they are part of the thousands of haitians who have been granted tps. Reporter thats right. And they of course theres also a Parole Program that was started under president biden. So there are a lot of haitians coming from haiti over the last few years because as youve covered on your show and as ive covered, haitis had a lot of problems including Gang Violence and insecurity. And part of what if we have that clip of j. D. Vance, but if we could, wed play it. There is a question of why is this continuously being talked about, if we could play it. What do you say to Haitian Americans and Haitian Immigrants who say spreading false claims about them put their lives at risk . Well, i dont think that No One has spread false claims. What theyve said is that a small Migrant Community, 20,000, so its big for the city of springfield, but its small compared to all haitians in the united states of america, that that small Migrant Community has caused a lot of problems. The City Manager said theres no verifiable evidence. A lot of residents on the ground have said that there is. That just means the City Manager i think isnt fully in touch with whats going on the ground there. Reporter again, now that ive been talking to people who are fully in touch with whats going on the ground, City Officials continue to say theres no evidence. As you said, people are here legally, but the real question is whether theyre going to stay here because theres a real heartbreak here, a lot of people saying i dont want to be part of a town thats a place where i might be targeted by baseless claims spread by j. D. Vance and former President Trump. Jose . Yeah. And carlos, lets talk about what exactly is the former president doing focusing on this whatever you want to call it that part of the haitian diaspora in ohio is, you know, eating peoples pets . Whats what is this all about, carlos . Well, jose, weve talked a lot on this show about how immigration is a weak issue for the Bidenharris Administration. Weve seen a lot of polling that certainly indicates that. The problem now is that Donald Trump is going from being on offense on the issue of immigration to being offensive when it comes to the issue of immigration. I think most americans support a tougher approach to border security. They reject a lot of what weve seen at the southwest border over the last 3. 5 years. But most americans, particularly swing voters, jose, do not support dehumanizing immigrants, do not support dehumanizing people who, as you said, and you and i know the Haitian American Community very well because wherever we live do we ever. These are people coming to the country to contribute. They are humble. They want to work. Now of course that doesnt mean that its okay for people to come into the country illegally or without authorization. But this is where Donald Trump goes too far, ends up hurting himself, and ends up dividing the country in a very dangerous way. Yeah, and zelina, so how does Vice President harris and the Organization Counter this . Policies that address sorry, couldnt hear you for a second. Youre back on. Okay. The Harris Campaign can focus on some of the policy solutions to the issues that carlos outlined. But i will say it plain as day. No one has said the Word Racism in this segment, and i think that we need to. We need to call it what it is. What Donald Trump is doing is trafficking in one of the oldest racist tropes about Immigrant Communities and the types the foods that they eat. Hes going way too far in saying theyre eating pets, right . And it makes the internet go crazy, and a lot of people are making memes. But the core of the lie is Racism Plain and simple. We need to call it that. Its been normalized because Donald Trump has used this kind of rhetoric for the last nine years. But its really, really important that we call it what it is. Because its leaving to bullying and the mistreatment of actual black people, haitian migrants, yes, who are here legally, and its putting peoples lives in danger. We need to call it what it is. Yeah, and carlos, i mean, and you put it from going to offense to becoming offensive, there doesnt have to be that correlation. And yet its on the offensive, be offensive to people. Carlos, how do you fight back against that . I think the important thing is to highlight the truth. What yamiche is doing is a great service to the country because shes out there on the ground and setting the record straight. As of now we have found no evidence that any of this is true. And then i think the other thing we all need to do, republican, democrat, independent, all americans is reject this kind of rhetoric. We can have policy disagreements, as i said. Immigration is an issue where a lot of americans believe the Bidenharris Administration has failed. They have to answer for that record. Now once we take that to an extreme of dehumanizing people, of trying to demonize people for political gain, to divide the country for ones benefit, thats just wrong across the board no matter whos doing it. And this is yet another example of how Donald Trump becomes his own worst enemy. He has taken an issue where republicans have had a political advantage for years now, and he is turning it into a major disadvantage because most americans cannot tolerate, cannot stomach this type of rhetoric about human beings. Yeah. Im wondering, yamiche, youre there, what do you want us to know about what youve seen and what you felt . Reporter what i really want people to know are two things. One is that ive been talking to Haitian Immigrants, ive been talking to residents here. There is still no credible evidence that any of these claims that Haitian Immigrants are abusing animals or eating animals, we just need fact check that. I can tell you as someone who has spent now several days here, that that is just not happening here. The other thing i want to tell you is that there really is this trauma on top of trauma when you talk to Haitian Immigrants here. They call these baseless claims racist, xenophobic, but they also have this tinge of real heartbreak because theyre saying to me we came here because they asked us to come here. Springfield was a place that was losing population, going from 80,000 people to 60,000 people. So they wanted people to move here. They invited people to move here. These Haitian Immigrants came here for a better life, but theyre filling jobs, theyre here legally and here to build a community and to add to their American Dreams. And now theyre wondering whether or not that American Dream is being taken away there them by republicans, by former president Donald Trump and senator j. D. Vance. That really i think is something that might be lost in the shuffle, how much it takes for someone to start over, to flee Gang Violence, to leave haiti not of their own volition, not because they wanted to, but because they had to. To come here and have to deal withdrawal this other trauma and feel insecure again, its something that i think is overwhelming so many people here. Jose . Yamiche, carlos, zelina, thank you so much. Nbc news has learned the Citys Police Commissioner is expected to resign. Nbcs Tom Winter joins us now. Good morning. What do we know . Reporter right. Joining the reporting of my colleagues, Jonathan Dienst and Melissa Russo and Mark Santiasa at wnbc New York, it is reporting based on four people familiar with the matter that the new York City Police Departments top cop, Police Commissioner Edward Cabon appointed in july of 2023, recently somebody who had his cellphone taken by investigators in an ongoing federal criminal investigation, is expected to resign as soon as this afternoon. Thats what were being told. Plans are being made as we speak to put detective that announcement put together that announcement. What that will look like is something were reporting out as his replacement. Thats still bait of a question. We a bit of a question. We havent gotten our arms around that as far as who might replace him. Will it be someone on a interim level or more permanent level, and this comes as questions swirl around the Police Department because it wasnt just commissioner Cabans Phone who was taken but other top members of the Police Departments Commissioners Staff as well as other individuals within the department. This is part of three criminal investigations that involve individuals appointed by or connected to new York City mayor Eric Adams who will ultimately make this choice here. It will be his third Police Commissioner in the last two years. So Thats Something that we continue to watch, as well. So bottom line here, edward caban, july, 2023, appointed to the office. The first latino Police Commissioner. The Police Commissioner of the largest Police Department not just in the united states but in the world, is expected to resign and be out of that job as soon as this afternoon. So obviously well continue to gather more details. Myself and my colleagues, jose. But thats the information as best we have it. Were still trying to get clarity on exactly what this investigation is all about. We to know it is not being led by the fbi. It is being led by investigators assigned out of the united states Attorneys Office for the southern district of New York. So to say that this is a a close Hold Investigation with a limited amount of information is an understatement. Jose . Tom winter, thank you so very much. Attorney general Merrick Garland is speaking to doj employees and attorneys general for across the nation. Lets go right to that. And in the years since, we honored the doj employees who risk their lives in responding to the attacks. They are heroes. Their Service And Sacrifice remind us that when the american people look to see what the Justice Department stands for, they are looking to the example of the people who work here, all of you. I know that is an enormous responsibility, so i want you to know that you have not only my gratitude but the gratitude of every person whose life you have saved or changed through your work. You do not hear it often enough. Thank you. Thank you for being selfless public servants and patriots. Thank you for the countless hours, the nights and weekends, holidays, and time away from family that you have spent because you believe in the mission of this department and because you want to serve the american people. And thank you not only for the work you do but for the way you do your work with skill and integrity. That is what i want to talk about today. This work forces ironclad commitment to the principles of fairness and impartiality that have long guided it. And why that commitment is as important today as it has ever been. 84 years ago thenAttorney General Robert Jackson delivered a nowfamous address to the u. S. Attorneys right here in this great hall. In that speech, he sought to remind u. S. Attorneys of the enormous power they hold as federal prosecutors, and the responsibilities that come with that power. He defined what he deemed, quote, a good prosecutor as a person who, quote, Tempers Zeal with human kindness, who seeks truth and not victims, who serves the law and not factional purposes and who approaches his task with humility, closed quote. That speech which he titled the federal prosecutor, outlined values that have echoed in the halls of this Department And Outside of it for a generation. He gave voice to the principles that have guided not only prosecutors but all of our employees who understand deeply what is at stake when it comes to the fair and impartial application of our laws. His words have inspired generations of public servants including me. I first came to the Justice Department more than 40 years ago, at a time when both the leadership and the Career Employees of this department were working to restore public confidence in the fair and impartial application of our laws in the wake of watergate. To do so, Department Leaders like attorneys general ed levy, griffin bell, and Benjamin Sivaleti guided the Justice Departments adherence to the Rule Of Law. Relying on values foundational to our democracy, in particular the promise of equal justice under law. They put forward a set of policies to guide the Justice Departments work. Those included policies designed to protect the independence of the Justice Department from partisan influence. Guidelines for fbi investigations. Regulations to protect the Freedom Of The Press and policies to ensure respect for the departments, career lawyers, agents, and staff. And they included a project to set out for the first time in a single authoritative source, a set of principles to guide the exercise of prosecutorial discretion. In my first job at the Justice Department working for Attorney General sivaleti, i assisted on that project. The result was a slim Paperbound Volume entitled principles of federal prosecution, published in 1980. As you well know, the current version of the principles is now a 23,000word electronic document enshrined in the justice manual. The purpose of those principles as we wrote in the preface was, quote, to promote the reasoned exercise of prosecutorial authority and contribute to the fair, evenhanded administration of the federal criminal laws, closed quote. Much of that document is devoted to giving guidance to prosecutors about which factors they could should consider in a multitude of situations from initiating prosecution to selecting charges, disclosing exculpatory information, entering into plea agreements, and making sentencing recommendations. But the core of the principles is its directive about which factors an attorney for the government may not consider. In the words of that document, quote, the attorney for the government may not be influenced by a persons race, religion, gender, ethnicity, national origin, sexual orientation, or political association activities or beliefs. By the attorneys own personal feelings concerning the person, the persons associates or the victim, or by the possible effect of the decision on the attorneys own professional or personal circumstances. This provision of the principles ends with an admonition. Quote, federal prosecutors and agents may never make a decision regarding an Investigation Or Prosecution for the purpose of affecting any Election Or Purpose of giving an Advantage Or Disadvantage to any candidate or political party. In short, we must treat like cases alike. There is not one rule for friends and another for foes. One rule for the powerful and another for the powerless. One rule for the rich and another for the poor. One rule for democrats and another for republicans or different rules depending on Ones Race or ethnicity. To the contrary, we have only one rule. We follow the facts and apply the law in a way that respects the constitution and protects civil liberties. Over the past 3 1 2 years, i have spoken to you often about the importance of these norms. I know that to many outside of this department they may seem abstract or even inconsequential. They are anything but, and they must not be taken for granted. For us, adhering to these policies, principles, and norms in everything we do is how we fulfill the promise that is foundational to our democracy, that all people will be protected equally under the law, and that all people will be held accountable equally under the law. Our norms are a promise that we will fiercely protect the independence of this department from political interference in our criminal investigations. Our norms are a promise that we will not allow this department to be used as a political weapon. And our norms are a promise that we will not allow this nation to become a country where Law Enforcement is treated as an apparatus of politics. [ applause ] over the course of four decades during which i served in different jobs, both Career And Noncareer in this department and in a completely different job in the judicial branch, i watched as those norms became woven into the fabric of the Justice Department and were sustained by its dedicated Career Employees. When i came back to doj in 2021 after a particularly difficult period for the department, i said that my mission as Attorney General would be to reaffirm and strengthen those norms as the principles upon which the department of justice operates. So we took steps to better protect the departments criminal and civil Law Enforcement decisions and its legal judgments from partisan or other inappropriate influences. To name only a a few of those steps, we reinstituted policies regulating contacts between Department Personnel and both the White House and congress. We strengthened and clarified guidelines for sensitive fbi investigations. We implemented remedial measures to ensure robust compliance with section 702 of the foreign intelligence surveillance act. We updated protections for the press in Law Enforcement investigations in order to safeguard the essential role that a free press plays in our democracy. We published new policies to guide prosecutorial discretion. We supplements or states Secrets Policy to ensure the united states invokes that privilege only when theres genuine risk to national security. And Department Leadership restated and demonstrated through our actions again and again our respect for the Work And Integrity of the Career Employees who constitute the institutional backbone and historical memory of this department. Over the past 3 1 2 years, i have seen how the public servants of this department have continued to uphold and strengthen those norms. I have seen how you have risen to meet a range of extraordinary challenges. And i have seen the incalculable toll this work has taken on so many of you, especially those who risk your lives every day. I am thinking of heroes like tommy weeks, the deputy u. S. Marshall who was killed while apprehending a fugitive earlier this spring. I am thinking of heroes like Tommys Family who have made the kind of sacrifice that No One should ever have to make. In addition to seeing how you have operated in the face of dangers like violent crime and terrorism, i have also seen how you have bravely carried on in the face of an unprecedented spike in threats targeting a range of public officials across the country. Over the past 3 1 2 years, there has been an escalation of attacks on the Justice Departments career lawyers, agents and other personnel that go far beyond scrutiny, criticism and a legitimate and necessary oversight of our work. These attacks have come in the form of Conspiracy Theories, dangerous falsehoods, efforts to bully and intimidate career public servants by repeatedly and publicly singling them out and threats of actual violence. Through your work, you have made clear that the Justice Department will not be intimidated by these attacks. But it is dangerous and outrageous that you have to endure them. It is dangerous to target and intimidate individual employees of the department solely for doing their jobs. And it is outrageous that you have to face these unfounded attacks because you are doing what is right and upholding the Rule Of Law. You deserve better. You deserve gratitude for the noble and difficult work you do. You deserve recognition for the Integrity And Skill with which you do that work. You deserve to be honored. The work you do every day makes a difference. The way you do that work makes clear that the public servants of the department of justice do not bend to politics and that they will not break under pressure. [ applause ] the choices you make in every investigation, in every filing, in every trial, in everything you do to ensure the fair and impartial application of the law make this department and our democracy worthy of the public we serve. And for that, you deserve respect. As i hope you already know, you have mine wholeheartedly. You also have my promise that nothing will ever stop me from defending this department. [ applause ] and defending the extraordinary people who work here. I came back to doj as Attorney General believing that our norms are some of the most powerful tools we have to ensure our adherence to the Rule Of Law. Having now served as Attorney General for the past 3 1 2 years, i continue to believe deeply our norms matter now more than ever to our department and to our democracy. I also believe now more than ever that the most important resources the Justice Department has are the Dedication And Integrity of the people who work here. As we wrote in the preface to The First Edition of the principles of federal prosecution, quote, important though these principles are to the proper operation of our federal prosecutorial system, the success of that system must rely ultimately on the character, integrity, Sensitivity And Competence of those Men And Women who are selected to represent The Public Interest in the federal Criminal Justice process. It is with their efforts that the purposes of these principles will be achieved. Closed quote. I know that many of you have heard me talk about why the work of the Justice Department is so important to me personally. I have often shared that i wanted to give back to the country and to the system of laws that took my grandparents in and protected them when they had nowhere else to go. That protection is what distinguishes america from so many other countries. The protection of law, the Rule Of Law is the foundation of our system of government. Our democracy relies on an independent Law Enforcement agency, the department of justice, to ensure those protections. And critically, our democracy depends on people who dedicate themselves and their careers to ensuring those protections. People like all of you, protecting the Rule Of Law is the obligation of every generation of public servants at the united States Department of justice. In this time and place, that responsibility is yours, and it is mine. I know we are up to it. I am grateful to each of you for your commitment to this department, to the norms that sustain it, and to the people we all serve. Thank you. [ applause ] Attorney General Merrick Garland speaking at the workforce meeting. Joining us now, ken dilanian. What was his Message Today . Twofold. He wanted to thank federal prosecutors who are under constant assault and under physical threat, really, amid all the partisan attacks on the Justice Department. He wanted to send the message that the Justice Department will not bow to partisan pressure. This is coming in a context he didnt mention, but where Donald Trump, the republican nominee for president of the united states, has been saying and his allies have been saying he will use the Justice Department to go after his enemies. Garland is saying, that cannot happen, it will not happen. Ken dilanian, thank you very much. 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 postdebate Battleground Blitz begins. Vice president harris trying to translate a widely praised performance io

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