the white house announcing $300 million in new weapons for ukraine despite the gridlock in congress where is the money coming from? haiti in chaos the prime minister saying he'll resign, after armed gangs overrun the capitol. so who is in charge now? inside the crackdown on retail theft. the mansion police say is the headquarters of a ring selling stolen goods on amazon. and months after i spoke with his father, we finally learn what happened to a 19-year-old israeli-american soldier believed kidnapped by hamas >> announcer: this is "nbc nightly news" with lester holt good evening and welcome. the special counsel who headed the investigation into president biden's handling of classified documents stepped into the middle of a partisan firestorm today. robert hur buffeted from both sides as he testified before the house judiciary committee for several hours. and defending his decision not to prosecute the president, despite finding he willfully retained and disclosed classified materials after his vice presidency, when he was a private citizen. the special counsel also explaining why in his final report, he described the president as an elderly man with a poor memory. democrats accusing hur of a political motivation while both republicans and democrats sought to draw contrast between the bide investigation and the criminal charges former president donald trump currently faces. hur telling the panel in the case of president biden, he did not identify evidence that rose to the level of proof beyond a reasonable doubt. also tonight, transcripts made public of hur's interview with the president are offering new insight into the investigation. our gabe gutierrez has this report. >> reporter: tonight, the firestorm over president biden's handling of classified documents is reigniting >> you exonerated him. >> i did not exonerate -- >> mr. hur, it's my time. >> reporter: special counsel robert hur, a former trump-appointed u.s. attorney, identifying new charges. >> we identified evidence that the president willfully retained classified materials after the end of his vice presidency we did not find evidence that rose to a level of proof beyond a reasonable doubt. >> reporter: hur defended including damaging details about president biden's mental acuity, including that the 81-year-old president had diminished faculties, and would present himself to a jury as a man with a poor memory. >> i did not sanitize my explanation nor did i disparage the president unfairly >> reporter: but hur was drilled by both republicans -- >> joe biden broke the law. but because he's a forgetful old man who would appear sympathetic to a jury, mr. hur chose not to bring charges. >> reporter: and democrats. >> you chose a general pejorative reference to the president you understood when you made that decision, didn't you, mr. hur, that you would ignite a political firestorm with that language, didn't you >> congressman, politics played no part whatsoever in my investigation. >> reporter: hur testified president biden could not remember what year he was president, or even the year his son beau died the president said he was outraged hur asked him about his son. >> frankly, when i was asked the question, i thought to myself it wasn't any of their damn business. >> reporter: but the transcript of hur's interview released today confirmed it was the president himself who brought up his son's death, as nbc news previously reported the president asked, "what month did beau die? oh, god, may 30th," and others respond, "2015. the president then asks, "was it 2015 he died?" why did the president say it was robert hur who brought up his son's death when h transcript shows otherwise? >> the transcript clearly shows that the president was being asked by the special counsel about the book that he wrote about his son's unfortunate untimely passing. >> reporter: classified documents were found in president biden's old offices, his delaware home, and his garage all were returned. democrats today comparing the case to former president trump, who's pleaded not guilty to criminal charges for allegedly mishandling classified documents. hur writing, "while mr. trump was give multiple chances to return the documents, he allegedly did the opposite and enlisted overs to destroy evidence." >> the desperate quest to invent an issue as a distraction from the 91 federal and state federal charges that donald trump faces now. >> reporter: according to hur's report, president biden shared classified material with his ghostwriter, though the president disputes that. republicans say his motives included an $8 million book advance. >> it wasn't just $8 million. it was also his ego. pride and money is why he knowingly violated the rules. you agree with that, mr. hur? >> that language does appear in the report, and we did identify evidence supporting those assessments. >> reporter: the white house says this is now case closed, and that the special counsel report cleared the president. but republicans are expected to make his age an issue in the upcoming campaign. late today, president biden officially clinched the nomination lester >> gabe gutierrez starting us off. thank you. in pennsylvania, a neighborhood shaken after a deadly home explosion killed at least two people near pittsburgh emilie ikeda on the investigation tonight. >> reporter: tonight, officials in western pennsylvania are investigating what caused a massive explosion that killed a man and woman and obliterated this home. the shell of a basement is all that remains. >> i'm on the scene. i've got a house on the ground, completely on the ground. >> reporter: it happened just before 9:00 a.m the blast caught on surveillance video sending debris soaring above the tree line and damaging several nearby homes witnesses felt its force across the river and miles away >> it sounded like a bomb went off. >> everything was just in a rubble. >> reporter: the fire department sits just down the hill from the explosion site. >> we all felt and heard the explosion instantly. we did a quick search trying to find the occupants. unfortunately, we were able to find two deceased occupants. >> reporter: the son of the victims identifying the couple to nbc news as david and helen mitchell the deadly incident comes exactly seven months since another allegheny county house explosion that killed six people while no cause has been pinpointed in the latest tragedy, officials say there was a private gas well and propane tanks at the home the department of environmental protection, atf, and fire marshal now investigating the devastating explosion that's left this community shaken emilie ikeda, nbc news now to boeing in the spotlight. a whistle-blower who raised safety concerns has been found dead. authorities saying he took his own life. and it comes as we learn new details about a terrifying midair drop involving a boeing plane here's tom costello. >> reporter: the focus for investigators, that terrifying nosedive off new zealand that injured dozens passengers say the latam pilot claimed he suddenly lost control of the boeing 787 when the flight data computers went dark. in 2016, the faa issued an airworthiness directive for the 787, warning that if the flight control computers are not reset every 22 days, they could shut themselves down, which could result in flight controls that don't respond and a temporary loss of controlability >> investigators will look at whether the airplane was completely depowered at one point in the last three weeks. >> reporter: meanwhile, two months since that maidair max-9 emergency, sources close to the investigation sa boeing has failed 33 of 89 faa audits the faa confirming it identified noncompliance issues in boeing's manufacturing process control, parts handling and storage, and product control. >> if we see something that requires us to cease production or close something down, we'll do that. >> reporter: in an email, boeing's chief of commercial planes today called on every employee to "precisely follow every step of our manufacturing procedures and processes. while in south carolina, a coroner says former boeing whistle-blower john barnett took his own life before his upcoming trial against the company. in 2019, barnett told nbc news boeing was putting profits ahead of safety. >> from day one, it's just all been about scheduling, hurry up, get it done, push the planes out >> reporter: in a statement, boeing says, "we are saddened by mr. barnett's passing, and our thoughts are with his family and friends." under intense scrutiny, the company today called on every employee to be on the lookout for safety or quality issues and speak up lester >> tom, thank you. in a surprise move, the white house today announcing a new $300 million weapons package for ukraine. this despite the gridlock that's kept congress from passing new ukraine aid for months pentagon officials say they were able to come up with the money through savings on long-term contracts with weapon makers also tonight, haiti's prime minister announcing he will step down, as armed gangs rampage in the capital. we get more from andrea mitchell. >> reporter: with criminal gangs overrunning his country, haitian prime minister ariel henry agreeing to step down as soon as the transitional governing council is created his resignation under pressure after a crisis meeting secretary of state tony blinken held with caribbean leaders in jamaica late into the night. >> a political crisis, escalating violence, unrest this has created an untenable situation for the haitian people. >> reporter: henry is widely blamed for the worst turmoil in haiti's long troubled history. gangs attacking police stations, breaking prisoners out of jail, leaving the poor and thousands displaced. >> they're selling their stuff to survive. and security crisis has turned into a humanitarian crisis. >> reporter: henry has denied a judge's report he helped plot the assassination of haiti's president in 2021 he promised to hold elections, but never did. a u.s. special envoy in haiti quit to protest u.s. policy there. what do you think is the critical problem >> we have never let them choose their leaders. the u.s. needs to give them space just one time. that's all they're asking >> reporter: in florida's haitian-american community, terry isaac is desperate to rescue his wife and 6-month-old baby with a heart condition. >> not knowing whether or not those guys are eventually going to pop up in your neighborhood and start shooting people and start doing crazy things >> reporter: the u.n. voted last year for kenya to lead multinational force to restore order, but tonight, kenya says it won't go in until haiti has a new government lester >> andrea mitchell, thank you. now to the supreme court and the small city in oregon that is about to become a focal point for how cities nationwide can handle homelessness. liz kreutz investigates >> reporter: grants pass, oregon, population 40,000. a small city dealing with a big problem >> god, look at that. >> reporter: over the past two decades, as outsiders moved in, housing costs went up, forcing a growing number of people onto the streets. what's it like to be homeless in grants pass >> it's an absolute nightmare. >> reporter: helen cruz, who was homeless here for five years, feels strict anti-camping ordinances, including fines for sleeping in any public space, violated her constitutional rights, the 8th amendment cruel and unusual punishment >> i had probably at least $6,000 to $8,000 in fines. >> reporter: no. >> in tickets, yes >> reporter: but the flip side officials say is a city dotted with tents >> our city deserves to have the ability to hold people accountable to bad behavior and ultimately, our citizenry cannot utilize park spaces. >> reporter: a heated legal battle has now dragged on for years and now the final decision is in the hands of the supreme court. what's happening here in grants pass is a microcosm for an issue playing out in communities big and small across the country. and ultimately, how the u.s. supreme court rules in this case could determine how cities nationwide can navigate their homeless crisis. california governor gavin newsom is among a number of democratic lawmakers taking the more conservative side of this issue. and in an unexpected political twist, hoping the current conservative supreme court will side with them, too. newsom's office petitioning to the court on behalf of grants pass, arguing that banning anti-camping ordinances has paralyzed cities like los angeles and san francisco, effectively blocking them from moving people off public streets. >> these court decisions have really tied cities' hands, and they've frozen in place the status quo which is truly unacceptable. >> reporter: but ed johnson, who represents grants pass' homeless residents, says lawmakers like newsom are deflecting blame and siding with the city for political reasons amid pressure from voters fed up with rising homelessness >> if the supreme court sides with the city of grants pass, what does that mean for other cities, los angeles, san francisco, portland? >> well, those cities aren't trying to do what grants pass is trying to do grants pass wants to make it illegal on every inch of property 24 hours a day the problem is if that's allowed, many cities will simply try to run all of the homeless people out of their community. and they have to go somewhere. >> reporter: for helen, who now cleans homes and lives at this church, the fear of the upcoming supreme court ruling is overwhelming. >> i don't even want to think about it. the kind of uncertainty that nobody wants. >> reporter: a no-win solution when there is limited housing and nowhere to go. liz kreutz, nbc news, grants pass, oregon. in just 60 seconds, the big battle over tiktok lawmakers in washington on the eve of a critical vote could they end up banning the popular app nationwide we're back now with a pivotal moment in congress, with the house set to vote tomorrow on a bill that could lead to a ban on tiktok in the u.s. savannah sellers is on capitol hill for us tonight. what's the latest, savannah >> reporter: lester, the lead sponsors of this bill tell me they are cautiously optimistic that they have the two-thirds vote majority they need after all, it passed out of committee with a rare 50-0 bipartisan vote now, the bill would force tiktok to divest from chinese parent company bytedance within six months or face a possible ban in the u.s. but today, lester, i have been talking to creators that tiktok brought here to capitol hill they say this bill would decimate their small businesses and infringe on their right to free speech if the house does vote it through, this bill could face a tougher climb in the senate, where some leaders have expressed concerns about taking action against an app 170 million americans seem to enjoy. lester >> savannah sellers, thank you. we're back in a moment with an eye-opening look at retail crime, and how goods stolen from store shelves end up for sale online. we're back now with a cnbc investigation into retail theft for months, cnbc got exclusive access to the california highway patrol, as they targeted organized crime rings that steal merchandise and sell it online. here is cnbc's courtney reagan. >> reporter: a convoy of law enforcement vehicles is about to descend on an unlikely place -- a mansion in san diego county, complete with its own vineyard and chapel. police believe it's also the headquarters for a lucrative theft ring that steals items from ulta beauty supply and other retailers, and resells them on amazon as we pull up, authorities tell us they have the suspected ringleader in handcuffs her name is michelle mack and according to the search warrant, she is accused of giving a dozen women across the country a list of stores and merchandise to target. these ulta beauty products then ending up on an amazon digital storefront called the online makeup store, at deep discounts. the next morning, a team from ulta unloads the haul along with chp officers $387,000 in stolen items. >> i think people feel like it's hopeless i want the retailers and the victims of this to know that that's not true. >> reporter: for months, we got exclusive access to the california highway patrol, watching upclose how it fights organized retail crime retailers specifically pointing to theft as a growing problem in recent years, includes target, foot locker, walgreens, and ulta. >> we're absolutely fed up. >> reporter: ulta's ceo dave kimbell spoke to us in an exclusive interview about the issue. what do you think, in this case, as we're speaking of in california, that amazon could have done to know that these were stolen goods? >> what i would say more broadly is there is technology available. there is use of advanced analytics and data capabilities to try to understand behaviors that are indicative of reselling stolen goods. >> reporter: amazon declined an on-camera interview, but a spokesperson said, "wee invest more than $1 billion annually and employ thousands of people to fight fraud," adding it uses sophisticated detection and prevention solutions as for michelle mack, she's plead not guilty to charges of conspiracy, grand theft, and receipt of stolen property. her husband and seven others connected to the ring were also charged and plead not guilty for nbc news, courtney reagan, bonsall, california and next for us tonight, for months, they have waited for their american son to be released by hamas tonight, two parents' shocking news. finally, after months thinking he was a hostage, the parents of itay chen learned their son was killed by hamas on october 7th. the 19-year-old israeli american now mourned here and abroad for the past 158 days, the family of american itay chen believed their son was being held by hamas, that he had been kidnapped while he defended israel on october 7th. hamas terrorists murdered 1,200 people that day tonight, his parents saying they've now learned itay was among them "our hearts are broken," they wrote. "we would have done anything to bring him home alive." >> lester, you have kids >> i do. >> you know where they slept last night we don't now think about that for a second >> i spoke with family members of missing americans last november, including itay's father, ruby. >> we decided with the help of others to create this star that basically says, "bring them home now" in english, and in hebrew, it says, "i left my heart in gaza." >> itay's parents remembering their son as a bright light for his family and friends who loved basketball and shooting hoops with his brothers. >> my family is a holocaust survivor what happened on october 7th is the holocaust all over again. >> hamas is still holding over 100 hostages, at least five americans among them itay's father often pictured holding an hourglass, writing, "we have come to know all the families who are waiting for their loved ones, and we will not stop working until every single hostage comes home." a group brought together by a nightmare is united in mourning and that's "nightly news" for this tuesday thank you for watching i'm lester holt. please take care of yourself and each other. good night i'm raj mathai. next on "nbc bay area news tonight," could scott peterson get a new trial? the convicted killer back in court today. we break down the new evidence his lawyers are looking for. also, it's way too close to call. two candidates running to reac