neighbors after that tornado tragedy. >> announcer: this is nbc "nightly news" with lester holt good evening a political act of loyalty and defiance is facing its reckoning tonight over getting to the bottom of one of this country's darkest days the house of representatives voting this evening on the question of whether former donald trump chief of staff mark meadows should be referred to the justice department for a charge of contempt of congress. meadows has flatly said he won't testify about the january 6th attack, frustrating efforts by a special house committee to understand what was transpiring in the white house as rioters were seizing the capitol. but text messages meadows did hand over to the committee appear to show the depth of his involvement in the effort to overturn the election, then to stop the deadly attack. garrett haake has details. >> reporter: tonight, the house voting to hold mark meadows in contempt of congress, a mostly party-line vote expected to refer the former trump chief of staff and their former colleague to the department of justice for possible prosecution. >> we won't let the facts be buried by a cover-up. >> this is as wrong as it gets. you all know it, but your lust for power, your lust to get your opponents, is so intense you don't care >> reporter: meadows defying a september subpoena demanding he testify before the january 6th committee. first saying he'd cooperate, then changing his mind, citing executive privilege claimed by the former president >> i've tried to share nonprivileged information, but truly, the executive privilege that donald trump has claimed is his to waive it's not mine to waive. it's not congress' to waive. >> reporter: but before he stopped cooperating, meadows turned over text messages, revealed by the committee last night. including pleas for meadows to help stop the attack while it was happening from mr. trump's own son, don jr. >> one of the president's sons texted mr. meadows, quote, he's got to condemn this [ bleep ] asap >> reporter: and from fox news hosts >> he is destroying his legacy, laura ingraham wrote can he make a statement? ask people to leave the capitol, sean hannity urged. >> reporter: trump jr. declined to comment about the texts. fox news has not yet responded to requests for comment. in a separate exchange, a lawmaker texting that the vice president should throw out some electoral votes he finds unconstitutional. after, another text to chief of staff with an apology, quote, we tried everything we could in our objection to the six states, i'm sorry nothing worked >> garrett, meadows faces a year in jail if the justice department goes forward with charges meantime, i know there's news with another legal case involving the former president what do you have >> reporter: that's right, lester. late today a judge threw out a lawsuit from former president trump that sought to block the treasury department from handing over his tax records to a house committee that has sought them. the former president has two weeks to appeal lester >> garrett haake at the capitol, thank you. let's turn to the tornado disaster the death toll stands at 88 tonight. most of them in kentucky with many still unaccounted for there. gabe gutierrez now with the latest on the victims and an incredible story of survival >> reporter: tonight, days after tornados sliced through multiple states, there are still more than 100 people unaccounted for in kentucky alone. >> we have people missing. i still expect that we will find at least some more bodies. >> reporter: in bowling green, 11 people from 2 families died on 1 street. >> everything else you can replace, family you cannot >> reporter: here in mayfield this debris will be here for some time all of this used to be a steakhouse today utility crews scrambled to install row after row of power poles, trying to get back at least some sense of normalcy. while in missouri, a gut-wrenching picture. smiling 9-year-old annistyn rackley seen clutching her favorite doll while sheltering in the bathtub with her two sisters. >> i knew where they were going to be in their safe spot. >> reporter: 15 minutes after her parents posted this photo, annistyn died in the tornado that ripped through her home >> she was a wonderful, wonderful little girl. i'm going to miss her so much. i already do. >> reporter: in kentucky, we met survivor michaela emory in her hospital room the 21-year-old says she'd worked at that candle factory on and off for three years. the monster tornado hitting during the night shift. >> the only thing i remember after that is i heard all kinds of noises next thing i know, i open my eyes, i'm stuck. i can't move my legs. >> all this concrete had just fallen on top of you >> literally a wall, a concrete wall, was on top of me. >> did you think you would make it out alive? >> i honestly did not think they were going to find me. >> reporter: in the darkness, under that concrete slab, she spoke to her pregnant friend and prepared for the worst. >> there's no telling how long we're going to be under here by the time they do find us, we'll be dead, i'm not going to be able to breathe, we're losing oxygen. that's what was running through my mind all the time. >> reporter: they were trapped for six hours. first responders eventually pulled her and her pregnant friend from the rubble. >> the only thing i could think about the whole time was getting her and her baby out alive. >> reporter: and they did get out. but another co-worker, who she'd spoken to right before the storm, did not >> it hurts so bad and there's nothing that i can do. that was our friend, that still is my friend. >> gabe, i have to tell you i shuddered at that report, 100 people still unaccounted for. is it possible some of are staying somewhere and haven't been able to get in touch? >> reporter: yes, lester it's possible someone reported them missing and they haven't been able to get in touch the hope is that number will drop in the coming days, but as the governor has pointed out, the expectation is that death toll will rise, lester. >> gabe gutierrez, thank you. as they struggle to recover, a powerful new storm system could bring tornados to parts of iowa and minnesota tomorrow minnesota has never had a tornado confirmed in december. dasha burns reports from kentucky on the shifting tornado landscape. >> reporter: in bowling green, kentucky, no words can describe the devastation. >> you can see that these two houses are gone, and then the houses in front of them are gone. you can directly see the path moving right straight through there. >> reporter: as the community grieves, many are asking why. >> this is the largest event ever in december in terms of severe weather and tornados. >> reporter: experts are working to understand what fueled these monster storms. >> this is very unusual. >> reporter: josh duerke is a meteorology professor at western kentucky university. what happened here >> there was a widespread area conducive to severe weather. there was warm air ushering in a lot of moisture in the lower levels of the atmosphere and the wind shear set up an environment for storms to tap into that environment and thrive. >> reporter: the unusual nature of the storms have many wondering if this is a result of climate change. >> climate change is a very complex discussion. >> reporter: while duerke can't definitively say climate change is the cause of these storms, he says they may be a consequence. one of the main causes, spring-like temperatures in december 20 to 30 degrees above the average for this time of year could we see more of these storms because of these warming temperatures >> there are changes in the spatial distributions of tornados, as well as the tornado frequencies. we are seeing more and more of these types of events that are related to things like climate change. >> reporter: there may also be a change to what's traditionally deemed tornado alley experts say it's moving east. could we see tornados start to impact new places, different places >> absolutely. >> reporter: that means more people should get prepared. >> i'm going to be working tirelessly to help people find ways to protect themselves, to get the warning, to have a plan, to get low and save your family's life. >> reporter: bowling green never expected to experience anything like this, but experts say as these storms become more frequent, more and more communities are going to have to make plans to keep themselves safe lester >> dasha burns, thank you. now to the pandemic, and good news from pfizer today about the effectiveness of its covid pill but it could still be weeks away from authorization, and it comes as infections and hospitalizations soar to alarming levels here's miguel almaguer >> reporter: as hospitals buckle under the strain of covid, pfizer's antiviral pill, if approved, could protect against delta and omicron, reducing the risk of hospitalization or death by 89% when taken within three days of the onset of symptoms but it won't come soon enough for the soaring number of medical centers facing record admissions. at u-mass memorial, they ran out of ic beds a week ago. >> i'm shocked that massachusetts is in this situation we are the most vaccinated state in the country. and yet, here we are in a surge of covid that's just as bad as where we were last year at this point. >> reporter: as delta devastates lives, the more-contagious mutation of omicron on its way to becoming more dominant in the u.s. has now been found in at least 33 states the cdc says genomic surveillance shows the variant detected at a rate of 3% nationally. but at 13% in parts of the northeast. >> what we're seeing in some of these other countries is doubling times of about every two days or so so really rapid increase in the amount of omicron that's out there. >> reporter: a year ago today, the first shots went into arms in what many hoped would be the beginning of the end of the pandemic >> i need to be very clear. vaccines alone will not get any country out of this crisis it's not vaccines instead of masks it's not vaccines instead of distancing. do it all. do it consistently >> reporter: now companies like kroger are ending some benefits for the unvaccinated the nfl requiring boosters for staffers after a spike in positive cases nyu becoming the first major university to require boosters for students and staff at cornell, where omicron has been detected, school officials are shutting down campus. tonight, an evolving pandemic with a revolving cost miguel almaguer, nbc news. in just 60 seconds, our investigation will take you inside a sting showing how criminals are reselling billions in stolen goods and we'll ask what's being done to stop it. holiday shipping, the deadlines, what you need to know grab a calendar. we're back with our nbc news investigation. you've probably seen the recent videos of retail stores ransacked by organized thieves. tonight, vicky nguyen takes us inside an undercover sting with a team hunting down these shoplifting rings. >> reporter: stores hit by organized retail crime theft rings that scout, plan, and execute high-value heists, from drugstores to brand-name merchandise. theft costs the retail industry more than $70 billion a year to show you what's at stake, i'm in perrysburg township, ohio, a small suburb of toledo. i'm surrounded by stolen goods that officers purchased in undercover operations. joining me is detective sergeant todd curtis. tell us why this small town is such a hot spot for organized retail crime >> perrysburg township is located in the area they call the crossroads of america, which is i-89 and i-75. thieves jump off the interstate, hit the stores, steal the product and be back on the interstate. >> reporter: curtis leads a team of three detectives who respond almost daily to organized retail crime and track stolen goods online curtis says they often end up on facebook marketplace. that's where officers found this power tool set for $350, $200 less than retail at home depot our cameras were there for the undercover buy. >> what's up this is unopened >> yeah, yes, sir. >> reporter: the police arrest him, saying he's a fugitive wanted for aggravated robbery in columbus and for buying these tools with a stolen credit card. >> 90% of our investigations actually involve an online marketplace -- >> reporter: kyle peneuer is senior manager of investigations for home depot they've locked up high-theft products, and now they're testing new technology >> bluetooth activation the tool is useless until it's paid for. >> reporter: he says online resale makes it easy for criminals to hide and profit. can the online marketplaces do more to thwart these crimes should they do more? >> i think so. we would like to see that go back to the online marketplaces to do a better job of vetting the people that are selling on their platform >> reporter: in a statement a spokesperson for facebook says in part, we prohibit the sale of stolen goods on our platform and use a number of tools to prevent this kind of fraud. we encourage people to report suspicious listings curtis says these crimes cost all of us. >> we're all paying more it's affecting all of us all the consumers who are honest >> vicky nguyen joining me now what are lawmakers doing about this >> new legislation passed the ohio state house, similar to what's already on the books in arkansas, to help prohibit and limit the sale of these stolen goods online it would require marketplaces like facebook to confirm the identity of sellers. about a dozen states are trying to pass similar legislation. >> all right, vicky nguyen good to have you here tonight. thank you. there are just 11 days left until christmas. if you're ordering or shipping gifts, the deadlines to get them there on time are fast approaching. jo ling kent now with "the race to deliver." >> reporter: at the jewelry and clothing boutique kestan, they're doing everything in their power to deliver holiday magic on time. >> we pack orders as fast as we can the moment we get your order in, we try to get it to the post office as quick as possible. >> reporter: after packages go out the door, they're out of kestan's control that's why the brother and sister cofounders kevin and stephanie lin moved shipping deadlines two days earlier this season. what do you risk losing if a package is late for the holiday season >> a lot of times the blame gets shifted to the business even though it could be the mail carrier that lost the package. they still expect us to be responsible for it. >> reporter: u.p.s.'s ground shipping deadline varies based on location. while wednesday is the final day for ground shipping in time for christmas for the postal service and fedex. fedex manager nanette malbranch says they're absolutely ready. if a customer ships on time, can you guarantee on-time delivery >> we will do everything that we possibly can there's a lot of challenges, like weather. but other than that, we are definitely doing everything that we can to make sure that we meet our commitments to all of our customers. >> reporter: if you miss tomorrow's deadline, there's still time, but it will cost you a lot more the next best options are this friday for first class mail, and next tuesday for fedex express saver and u.p.s. three-day select when you send off that package, do you say a prayer this holiday season >> yes, yes. we keep an eye on ourselves as well, too. after that, it is a little prayer. >> reporter: a holiday hope that is out of their hands. jo ling kent, nbc news, irvine, california. as we continue, nine years later, threats of violence have newtown schools closed yet again ♪ i see trees of green ♪ ♪ red roses too ♪ ♪ i see them bloom for me and you ♪ (music) ♪ so i think to myself ♪ ♪ oh what a wonderful world ♪ this is elodia. she's a recording artist. 1 of 10 million people that comcast has connected to affordable internet in the last 10 years. and this is emmanuel, a future recording artist, and one of the millions of students we're connecting throughout the next 10. through projectup, comcast is committing $1 billion so millions more students, past... and present, can continue to get the tools they need to build a future of unlimited possibilities. today in newtown, connecticut, nine years after that deadly shooting at sandy hook elementary school, classes were held remotely. this time amid new threats of violence. here's anne thompson >> reporter: in newtown, connecticut, where nine years ago people vowed, never again after 20 children and 6 adults were killed at sandy hook elementary. >> you're supposed to come to these towns to be safe. that's why we moved here. >> reporter: school was remote today because it's happened again. and again. and again. the most recent deadly school shooting last month at michigan's oxford high school, killing four students, sparking threats of violence across the country and in connecticut. what do these spikes in school violence tell us about the mental health of our children >> that it's not good. and that they have needs that aren't being met. and we need to rise to the occasion and meet those needs. >> reporter: in newtown, 154 rounds were fired in less than 5 minutes, killing 6 and 7-year-olds. bills banning assault weapons and expanding background checks for online and private gun show sales were defeated in the u.s. senate, acknowledged by president biden in a video today. >> it was so darn frustrating. and it's still frustrating now for you and me and so many others. >> reporter: today the parents of the accused oxford school shooter appeared in court for a probable cause hearing. they are charged with involuntary manslaughter for allegedly allowing their 15-year-old son access to the gun he used to kill his classmates they have pleaded not guilty there have been 31 school shootings this year with injuries or deaths, the most in a year newtown's legacy still haunting america anne thompson, nbc news. we'll take a break. up next, in a town where almost everything was lost, one thing was not. kindness "inspiring america." finally tonight, more than a dozen people died in dawson springs, kentucky, where a tornado tore three-quarters of the town apart but not the human connection here's ellison barber. >> reporter: on a decimated street in dawson springs, kentucky, 15-year-old taylor paris is searching for a neighbor's medication. >> i don't want to see someone go without anything, so i just want to come out here and help some people. >> reporter: he's not the only one churches, neighbors, even santa claus. >> here i am >> reporter: everyone seems to be chipping in, offering hot meals, clothes, cash, a place to sleep >> impact for us has been that we are not alone, that everybody is with us, they're surrounding us. they're loving us. they're praying for us, which is something we really need right now. >> reporter: taylor has spent about three hours searching this home belonging to his friend's mom, marchetta underwood. >> he found ashton's baby pictures, and brought them out to me and i just cried that's stuff you can't never get back. >> are you surprised he's 15. >> yes, because he's a great kid. >> reporter: marchetta is still processing everything she's lost, and she doesn't know how she survived >> i just -- i'm overwhelmed. i don't know i mean, this is my life and it's gone >> reporter: tonight she's grateful to be alive and have a few pieces of her most precious memories thanks to taylor paris. >> that's the teeth, that's ashton's baby teeth! >> reporter: ellison barber, nbc news, dawson springs, kentucky. >> love you. >> love you. >> it's been rough in the news lately, but a lot of good people out there. that's "nightly news" for this tuesday thank you for watching i'm lester holt. please take care of yourself and each other. >> would you be able to take care of them ♪ i see trees of green ♪ ♪ red roses too ♪ ♪ i see them bloom for me and you ♪ (music) ♪ so i think to myself ♪ ♪ oh what a wonderful world ♪ . i'm raj mathai. next on nbc bay area news, here comes another storm. we got the time line on the next round of rain and snow in the bay area. also, hugs and tears for steph curry. we'll take you to new york city on this history-making night. new information about that shooting at the tesla factory in fremont. a deadly case of workplace violence. will it work? san francisco and oakland announcing plans to combat the rise of crime. we'll be joined by oakland mayor libby schaaf. a silicon valley vc is back from space. our exclusive interview about his out of world experience.

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