Transcripts For MSNBC Jose Diaz-Balart Reports 20240709 : co

Transcripts For MSNBC Jose Diaz-Balart Reports 20240709



bill. we'll talk to congressman jim clyburn about the democrats' plan to get it all done. this as president biden will head to detroit to tout the infrastructure law. over on the west coast, a massive storm drenched the pacific northwest, bringing severe flooding and heavy winds. we'll bring you a live report with the latest. and just as covid cases are on the rise in some states, we could be just days away from the fda authorize the pfizer booster shot for all adults. happening at any moment now, 12 jurors will reconvene for day two of deliciouses in the kyle rittenhouse trial. there is our camera shot into the courtroom. and we expect the judge to maybe say a few words in just a couple of minutes when they reconvene in kenosha. joining me now with the latest is nbc news correspondent, gabe gutierrez. paul butler is a former federal prosecutor, professor at georgetown school of law, and msnbc legal analyst, and kim is a national correspondent for "the washington post." thank you for being with me. gabe, just in the last couple of minutes, you reported that the defense is now officially filed a motion for a mistrial. what is this all about? >> hey, there, jose. this is something that the defense had indicated that it would do late last week. you remember, they had asked for a mistrial with prejudice, and that would mean that rittenhouse could not be tried again if that motion were granted. this motion basically formalizes that. they are asking the judge to declare a mistrial for several reasons. among them, they're accusing the prosecution of intention misconduct. and that relates to the time, you may remember last week, jose, when the prosecutor was asking kyle rittenhouse or began to rye to ask him about his silence post-arrest. of course, he has a right to stay quiet after his arrest, that's guaranteed by the constitution. but the defense objected at that point. they were very upset by it. in this motion, they're formalizing that. but also, some new information, to really have an issue with the way specific evidence was handled. specifically, jose, that drone footage that was such a key part of this case, the defense calling it a linchpin of the prosecution's case. they are claiming that the prosecution withheld evidence from the defense, saying that they only turned over the higher resolution copy of that drone video last saturday. so just two days before closing arguments and after the defense says the evidence portion of the trial had already concluded. the defense says they were only given a copy of that video that was about three megabytes, whereas the state's version, the high resolution version was 11 megabytes. why was that important? the defense claims they weren't able to review that evidence, the higher resolution version, which could be zoomed in with enough time before closing arguments. now, this particular motion, jose, it's -- it doesn't come as a huge precise. the defense said that it would file it. the judge has not ruled on the motion for a mistrial, but legal experts have said, look, if the judge was going to declare this a mistrial, he would have done so already. he already let it go to the jury. we're now entering our second day of jury deliberations, any moment now. and jose, yesterday the jury deliberated for more than eight hours. what was interesting to me, jose, is that we did not get a question from the jury. no specific question, only a request for extra copies of the jury instruction. so that's what we will be watching for today, jose. will the jury some time this morning come back with some sort of questions as it deliberates in this trial, jose? >> gabe, thanks. paul, let's talk about that, is it unusual for the jury to be a full day in deliberations and not go back with a question, but rather ask for the instructions once again? what does that tell you, paul? >> so we know the jurors have been a whole day deliberating without reaching a verdict. that tells us something we already knew, jose, that this case is not a slam dunk for either side. the pool reporter said that the jurors looked tired when they were dismissed last night. so this could mean that at this point, there are some jurors who favor conviction and other jurors who favor acquittal. remember, the prosecutors asked for and got jury instructions on lesser including offenses, which could provide a way for the jurors to compromise. >> and paul, just your thoughts on this kind of wrinkle that gabe gutierrez was just mentioning this morning, on the videotape that the prosecution utilized and that the defense is saying they only got a lesser quality version or copy of it. and asking for a mistrial on this specific issue. how unusual is that? and is it normal for the prosecution and/or the defense to do that kind of stuff? >> jose, this is litigation and trial advocacy in the age of new technology. the defense is complaining that they got the video from the prosecutor, but the prosecutor didn't enhance it for the defense, like it did for the jury. so some of these are new issues that appellate courts will struggle with. i doubt that based on just that claim, the judge would declare a mistrial or in the event that mr. rittenhouse is convicted, that would be a ground to overturn the conviction. >> the new technology of today having a role in jury trials. kim, tell us what you're learning about the community. how is it brace for a verdict either way? >> reporter: well, those in the community here have really been doing the work to try to encourage peace, try to encourage healing. they understand that people have been really traumatized from the events from last year. there was a prayer vigil outside the labor yesterday, where there was a whole multi-faith coalition that was saying, you know, no matter what happens, you know some people are going to be upset by this. we need to come together as a community and we need to understand each other and lift each other up. there's a lot of concern and we saw it happen yesterday on the steps of the courthouse, what they're concerned about outsiders. we saw different protesters that people said, hey, these aren't from the community. they're here to make us look bad. our community has its own things that we're trying to deal with. they're bracing, they're thinking that the residents of kenosha are going to stay peaceful, but as far as people who come from outside, they're not so sure. >> and gabe, you have some new reporting on how the rittenhouse defense team developed what they call a jury profile. >> reporter: yeah, jose. actually, the defense team has been working with a high-profile jury consultant, who actually was working in the oj simpson trial decades ago. and she has been in the courtroom with the mother of kyle rittenhouse, sitting close by to her. and that signals really that the defense team paying attention closely to the makeup of this jury. we know that we started with 20 jurors in this case. two were dismissed throughout the trial. one of them dismissed when he told what the judge deemed to be an inappropriate joke to the bailiff. but right now, again, kyle rittenhouse yesterday was allowed to select the six alternates in this case, so right now 12 jurors will be deliberating. that's seven women and five men. one person of color on that jury. >> gabe gutierrez, paul butler, and kim, thank you very much for being with me this morning. now to capitol hill where at any moment house speaker nancy pelosi will hold a press conference to talk about efforts to pass a huge bill. the house hopes to debate and vote on its version of the bill before thanksgiving. this comes as president biden hits the road once again to sell the landmark bipartisan infrastructure bill. today, he visits a gm electric vehicle plant in detroit to talk about what the law will do to put more electric vehicles on the road. with me now, nbc news chief white house correspondent, kristen welker with, and ana palmer, founder of punch bowl news and an msnbc contributor. ana, let me start with you. the house could vote on the reconciliation bill as soon as later this week. senate majority leader chuck schumer says the senate aims to pass it by christmas. is this a realistic timeline? >> it's certainly an ambitious timeline, when you look at senate majority leader chuck schumer putting that marker out there as publicly as he has. we do believe the house will take up in measure potentially thursday if not friday in the house. usually there's always a wrinkle or a twist that we aren't necessarily anticipating. but so far, the moderates and progressives are really moving in sync, that once that cbo score does come out, they'll be ready to vote for that. it's going to be a very partisan vote, but they expect to then push it over to the senate. that's where really the negotiations are going to happen. schumer is optimistic, but we've already heard some warning signals from senator joe manchin and others that this is not the package that is going to eventually emerge from the senate, so there will be tough negotiations going forward. >> and any indication on when that cbo score will be produced? >> they expect that to come, if not today or tomorrow, but definitely by friday. and everybody -- they've started to have different pieces and bits of it, but some of the real important ones on, for example, the ways and means provisions have not yet come out. so that's really what they're looking for by the moderates. they want to make sure that the white house had projected is what's going to happen. i think there's immense pressure to get moving on this, particularly after the bipartisan infrastructure package took so long and a lot of democrats are worried about their own re-election in 2022. >> the president's infrastructure tour comes as americans are increasingly worried about rising prices for gas, groceries, and other items. how will the president try to sell the infrastructure bill when americans are more concerned, quite frankly, about the economy? >> that is the big challenge, jose. as you mentioned, president biden will be visiting that electric plant in detroit. and he is going to argue that his infrastructure bill will pour billions of dollars into creating jobs, into plants like the ones he's going to be visiting. that's some of the real-world impact. but look, the white house acknowledges that it could be months if not longer before that real-world impact is actually felt. now, there is undoubtedly a political component to all of this, as well. of course, michigan, a key swing state. that will be president biden's fifth visit to that state. he has only visited pennsylvania and virginia more. so clearly keeping an eye on those all-important midterm elections that ana was just talking about next year. and it does come as the second piece of his agenda, as y'all have been talking about, is really facing an uphill battle, trying to make sure that he doesn't lose moderates like joe manchin. that cbo score is going to be critical. but jose, remember how the infrastructure bill got over the finish line ultimately? president biden was engaged, he was engaged in the final negotiations in those final hours, to really push it over and the question is how engaged will he be with this process. right now, he's on the road, part of this full-court press to try to explain the infrastructure bill to the american people and the white house undoubtedly signaling that when he comes back, he will be increasing that engagement, as it relates to the build back better, to get that second, larger piece of his agenda over the finish line, jose. >> thank you both for being with me. still ahead, growing concerns about the situation for women and girls in engel has a herat with the latest. and jim clyburn will join us. do democrats have the vote for president biden's social safety net bill? we'll ask him next. you're watching "jose diaz-balart reports" on msnbc. xt you're watching "jose diaz-balart reports" on msnbc. theo is saving big, holiday shopping at amazon. so now, he's free to become, thoughtful theo. and he's got a gift for everyone. so thoughtful. at fidelity, your dedicated advisor will work with you on a comprehensive wealth plan across your full financial picture. a plan with tax-smart investing strategies designed to help you keep more of what you earn. this is the planning effect. 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(vo) visible. unlimited data, powered by verizon. switch and get up to $200. 17 past the hour. now back to capitol hill where democrats held a meeting to make sure that everyone is onboard as they prepare to debate and vote on a nearly $2 trillion billion aimed at reshaping the social safety net and fighting climate change. with me now is the house majority whip, south carolina democratic congressman, jim clyburn. congressman, it's always a pleasure see you. thank you for being with me. can you tell us about the timeline for debate and then vote on the house version of this reconciliation bill. are you confident you're going to have the votes to get it through? >> i'm pretty confident. you know, these days, something could happen between now and the start of the debate, but so far, things are moving along rather swimmingly, so to speak. and i think we'll have the votes when the vote is ready. >> and do you have an understanding of kind of the timeline? we're talking about some votes this week, we're talking about maybe some votes before thanksgiving. >> well, i think that the house should not be confused with the senate. we're going to finish work before we go home, i think. we'll try to. in fact, the speaker has made it be known that there will be no thanksgiving break until we get this done. and so i would hope that we'll get it done before this week is out. so that means we should start the debate tomorrow, thursday, and hopefully we can have a vote by the close of business on friday. >> and congressman, you and i have spoken about senator manchin in the past. he now says that he has concerns about the spending of all of this money, as americans continue to deal with high gas prices, groceries, and other items. how do you respond to concerns about the impact this bill could have on inflation. >> well, we all have concerns about this, but i think that you just need to listen to the experts. the experts are telling us that this bill could have a very positive impact in containing inflation. really, we've got to get people back to work. and you aren't going to get people back to work until we do something about child care and senior care. if you want a young mother to go back for a job and you said she can't leave the kids at home. she needs to have child care. and we need to extend beyond december 31st the child tax credit. we give a big break, tax break, to families with children. and that's what the child tax credit is all about. that expires december 13st. we need to extend that. so we need to pass this bill in order to keep our economy humming along. and if you get more people back to work, people start spending more. we get the things, i'll say, fixed, as it relates to our trade issues. it will have a positive impact on trying to bring down the inflationary spiral. >> and congressman, i'm glad you mentioned the fact that we've got to get people back to work. the unemployment rate among african-americans and latinos certainly higher than the one that we give out as a general number. there are a lot of people who still don't have work today, and that is a crisis that we have to continue focusing on. congressman, the reconciliation bill also includes temporary protections for undocumented immigrants who have been in the u.s. since 2011. some of your colleagues fought for a path to citizenship, but that was rejected by the senate parliamentarian. do you think this temporary protection language will be able to make it through the senate? >> i don't know. you know, i have never fashioned myself as an expert on the senate machinations. so what we're going to do is get it through the house and hopefully, the senate parliamentarian will find favor with the way that we are doing it. as you said, what we started out to do has been kind of rejected by them as not being, you know, as not being right for this bill, should i say for reconciliation. so we're going to do what we can. and hopefully the senate will do what it can, too. >> and congressman, i want to bring you back then to the house. you and your colleagues will vote today on a resolution to censure paul gosar and strip him of his committee assignments. republicans said this should be done by the caucus, not by the house as a majority or as a whole. why is this important that the house take this vote today? >> because, i think the speaker of the house -- she's the speaker of the house. not the speaker of the democrats or the republicans, but the speaker of the house. she has a responsibility to maintain decorum. and to make sure, as i say, that this classroom, america's classroom is treated as a place that children can look in on and really get a lesson on how to conduct themselves. now, this man's families says that he he should be expelled. and i think the republicans are right. the house can censure, but i think the republican conference need to do something about him. the republican leader needs to do something about him. why is he silent? when the man is threatening to kill another member of this body? and threatening the president of the united states of america. i'll ask your viewers one question. if yours truly put out something like that, do you think for one moment that my democratic colleagues would not take action against me? they would do it and they should do it. and the republicans ought to do the same thing for anybody in their conference that violates the decorum of the house and do and say something that really seems to be criminal to me. >> so interesting. you know, calling congress america's classroom, i think that's a wonderful way of focusing on what america really is. it's america's classroom of democracy throughout the world. congressman jim clyburn, thank you very much. >> thank you very much for having me. >> it's a pleasure to see you always. ahead, one of the most recognizable rioters from the capital insurrection will be sentenced today. he's the guy with the horns over there. plus, an update on a deadly storm system that hit out west. you're watching "jose diaz-balart reports." you're watching "jose diaz-balart reports. 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-hello! grocery outlet, bargain market. -♪ grocery outlet bargain market ♪ -with this holiday set to bust your wallet, your neighborhood grocery outlet is the destination for savings of 40 to 70 percent on your whole meal with deals like 14 dollars off your turkey. turning now to breaking news out of washington, where one of the most visible figures from the january 6th attack on the capitol is being sentenced. jacob chansley, also known as the qanon shaman is facing a federal judge this hour, where he is being sentenced after pleading guilty in september to a charge of obstructing an official proceeding. joining me now is nbc news justice correspondent, pete williams. pete, good morning. what's the latest from the courtroom? >> this hearing just getting underway and federal prosecutors are asking for a sentence of 51 months. that would be the longest sentence yet for any of the rioters who have been sentenced. it would be ten months longer than the sentence for scott fairlam, who was accused of hitting a police officer during the riot. chansley, by contrast, is not accused of striking anybody or stealing anything or breaking any property, but the prosecutors say he was a leader of what happened inside the senate when he was up on the dais and sat in the chair that mike pence had sat in and wrote a note saying that justice was coming, you're next. prosecutors say that he used he sent electronic messages. chansley was a first for many reasons. he was the first person indicted on a felony. he was among the first to be arrested after the capitol riot, just because of his notoriety. and the government says he was among the first 30 people to enter the capitol on january 6th. so for all of these reasons, plus his obvious notoriety, this case is really standing out and the sentence is standing out. his defense lawyer hasn't spoken yet, but in court documents, he says chansley had some serious mental problems that he was diagnosed with a serious penalty disorder when he was in the navy in 2006. and that his time in detention, he's been detained since january. his time in detention, in solitary confinement, which is a necessity of the covid pandemic, has just made his mental situation worse and that he should not get a long sentence, he should basically be sentenced to time served so he can get mental health treatment. and the judge will impose sentence, i would guess, here in the next half hour or so. >> pete williams in washington, thank you. we're keeping a close eye on another high-profile trial unfolding right now in a georgia courtroom. this morning, the defense takes the case in the murder trial of three white men charged with killing 25-year-old black man ahmaud arbery. joining me now with more on this, live from brunswick, georgia, is nbc news correspondent, ron allen. ron, good morning. what can we expect today? >> reporter: well, right now, the defense is making an argument to the judge that the prosecutors did not prove their case and they're asking for the judge to dismiss the charges. something that's pretty standard in these murder trials. and the judge, of course, is unlikely to do that. we're expected to hear the defense begin its case some time in the coming hours. they are expected to argue that essentially ahmaud arbery is responsible for his own death. that while a lot of people have been focusing on the video that shows him being chased by the defendants and shot and killed, they have been focusing on home security video that came to the surface during the trial, that shows that arbery was in the neighborhood where the fatal encounter happened, on a number of occasions, at least four occasions, at night in the weeks and months leading up to it. and that there had even been one encounter where miblgs saw him at a house that was under construction in the neighborhood so the defense is arguing that arbery was known to him, that he was a suspect, that they were pursuing him, because they suspected him of having committed a crime, although there's no evidence that he ever took anything from any of the homes in the neighborhood. he made the case that he was hunted down, attacked, and killed for no good reason. and that's basically how this case, the shape it's taken from the beginning. we expect the defense to take its case. it's unclear whether that will happen in the murder trial, but that's part of the drama that's playing out here this afternoon. back to you, jose. >> ron allen, thank you very much. time now for a look at headlines out west. parts of washington state and canada are beginning to clean up after a storm system known as an atmospheric river dumped rain for days, causing severe flooding. at least one person was killed. here with that and much more, nbc jacob ward. jacob, good morning. how is the pacific northwest doing after that storm system? >> good morning, jose. this storm system that began on friday is now in theory over, the floodwaters are receding, but officials are still worried as they have to release pressure inside reservoirs that have, of course, filled up during the storm. this drone video that you see over bellingham, washington, just outside of seattle, is, of course just one of the many incredible images that we've been seeing from there. i'm actually from washington state, jose. i grew up with rain. we're used to that, but this is nothing like that. this is the kind of atmospheric river that scientists say carry incredible amounts of water out from the ocean and dump it once it hits landfall. and unfortunately, in a warmer climate, the atmosphere can hold more moisture. and that's why you've seen small towns like sumas, washington, in which hundreds of people had to be evacuated, roughly 75% of the homes in that one town on the canadian border having water damage. it's truly extraordinary what has happened here. and one of the things that makes british columbia and the pacific northwest so picturesque is the waterways. that's why you take a cruise up there, why it's so beautiful. but all of that magical landscape now means that people are cut off as the water rose. again, officials say that the floodwaters are receding, but now the question is, how quickly can we get help to people, even as reservoirs have to be slowly emptied, jose. >> and jacob, when i heard that the iconic staples center in los angeles was getting a new name, i was hoping it would be called the jacob ward center but it's not. >> reporter: you know, i put in a bid, but it just didn't seem to match up to the bid of crypto.com, which put in a reported $700 million to rename the fabled staples center. i grew up with the era of the lakers. i can't say i was a fan, but, you know, the three championships they won as part of why vanessa bryant was tweeting this week that this is, of course, the house that kobe built. kobe bryant and shaquille o'neal establishing the dynasty under the name of the staples center. staples as a company has been in decline since in 1990s and now it seems that a new name has arisen. crypto.com, it's a singaporean crypto exchange company. they're trying to get the idea of cryptocurrency out into the popular imagination and at least for the moment, the lakers will be part of that imagination for now, jose. >> jacob ward, thank you so much. good to see you this morning. coming up, we're days away from an important decision about booster shots. how this can help the fight against coronavirus. you're watching "jose diaz-balart reports." s. you're watching "jose diaz-balart reports. r insurance from liberty mutual so they only pay for what they need. woooooooooooooo... we are not getting you a helicopter. only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪ nurse mariyam sabo knows a moment this pure... ...demands a lotion this pure. new gold bond pure moisture lotion. 24-hour hydration. no parabens, dyes, or fragrances. gold bond. champion your skin. find your rhythm. your happy place. no parabens, dyes, or fragrances. find your breaking point. then break it. every emergen-c gives you a potent blend of nutrients so you can emerge your best with emergen-c. wondering what actually goes into your multi-vitamin. at new chapter. its innovation organic ingredients and fermentation. fermentation? yes, formulated to help your body really truly absorb the natural goodness. new chapter. wellness well done. today marks the second anniversary of the first confirmed covid case in china. it comes as more than 768,000 people have died in the u.s. more than 5.1 million have lost their lives around the world in the pandemic. but there is promising news on how further deaths could be prevented. the fda is expected to grant pfizer's request to approve its covid booster shot for all adults within days. joining me now is nbc news medical contributor, dr. kavita patel. dr. patel, always a pleasure to see you. i want to begin with news from pfizer. how significant would this development be ahead of the holidays? >> reporter: i think it's huge, especially considering, jose, that boosters actually take effect pretty much immediately, unlike having to wait those two weeks after those first two doses to get full immunity. we really do see the effect. so people should not delay, if this were to go into effect, hopefully by friday, we could see boosters broadly being rolled out saturday and that's good news, considering the holiday weekend and as you point out, the cases are actually increasing in now 23 states in the united states. >> oh, wait, so pardon my ignorance, so if you get the booster, you're almost immediately benefited? >> correct. it's a different -- so it's not weeks, it's literally within one to two days, you can actually see the return of post-dose-two level effectiveness almost immediately. it's an incredible kind of -- this is how incredible our bodies are. it really just kind of pokes and primes your natural immune system, to remind you that you've already developed antibodies, we just need more of them, and that we need to be ready for an infection, in case it comes. >> interesting. so doctor, pfizer also announcing that it has submitted a request for an emergency use authorization for its covid treatment called paxlovid. the company said that the clinical trials found that their treatment decreased hospitalizations and deaths by almost 90% when taken within three days of the onset of symptoms. how will treatments like this affect how we deal with covid in the future? >> it's incredible to even be able to talk about vaccines that prevent hospitalizations and death and now we have an oral pill, twice a day, five days. it's not for everyone, not approved in children and might be certain patients who it's not appropriate for. but as you said, positive test. and this could be something that prevents you from even having any of those moderate or long-term symptoms. so that's exciting. vaccines still are the best protection, but if we see breakthrough infections or someone who is in a nursing home, who is at higher risk, these pills can be more of a tool, instead of waiting until people end up in an emergency room or a hospital. >> dr. kavita patel, you're always teaching us something that we didn't know, speaking on a personal level. i thank you for being with me this morning. >> thanks, thanks. president biden heads to michigan today to promote his bipartisan infrastructure law. we'll talk to michigan congressman dan kildee about how the law will affect his state, particularly, the town of flint, which is recovering from water crisis. you're watching "jose diaz-balart reports." e diaz-balart reports. ray loves vacations. but his diabetes never seemed to take one. everything felt like a 'no'. everything. but then ray went from no to know. with freestyle libre 2, now he knows his glucose levels when he needs to. and... when he wants to. so ray... can be ray. take the mystery out of your glucose levels, and lower your a1c. now you know. try it for free. visit freestylelibre.us ♪♪♪ ♪♪it's a most unusual day♪♪ ♪♪feel like throwing my worries away♪♪ ♪♪as an old native-born californian would say♪♪ ♪♪it's a most unusual day♪♪ ♪♪it's a most unusual sky♪♪ ♪♪not a sign of a cloud passing by♪♪ ♪♪if my heart won't behave in the usual way♪♪ experience the power of sanctuary at the lincoln wish list event. hi, i'm steve and i live in austin, texas. i work as a personal assistant experience the power of sanctuary to the owner of a large manufacturing firm. i've got anywhere from 10 to 50 projects going at any given time. i absolutely have to be sharp. let me tell ya, i was struggling with my memory. it was going downhill. my friend recommended that i try prevagen and over time, it made a very significant difference in my memory and in my cognitive ability. i started to feel a much better sense of well-being. prevagen. healthier brain. better life. i'm still drawn to what's next. even with higher stroke risk due to afib not caused by a heart valve problem. so if there's a better treatment than warfarin that's a trail i want to take. eliquis. eliquis reduces stroke risk better than warfarin. and has less major bleeding than warfarin. eliquis has both. don't stop taking eliquis without talking to your doctor as this may increase your risk of stroke. eliquis can cause serious and in rare cases fatal bleeding. don't take eliquis if you have an artificial heart valve or abnormal bleeding. while taking, you may bruise more easily or take longer for bleeding to stop. get help right away for unexpected bleeding, or unusual bruising. it may increase your bleeding risk if you take certain medicines. tell your doctor about all planned medical or dental procedures. the number one cardiologist-prescribed blood thinner. ask your doctor about eliquis. 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[blegh] you're weird, man. to each his own. 45 past the hour. and beyond our borders in afghanistan, a growing humanitarian crisis is emerging as more and more children are being brought to hospitals suffering from malnutrition. nbc's chief foreign correspondent richard engel has more from afghanistan. >> at a nurse in a clinic run by doctors without borders measures her arm. if the band goes red, she's severely malnourished. farzana is nearly at the end of the scale. weigh 6 1/2 pounds, at 8 months old. farzana's mother used to give her formula, but now can't afford it after her husband lost her job. a baby dies of starvation nearly every day at this clinic. occupancy is up 70% compared to last year. some are two to a bed. ali's mother was herself malnourished, so the baby was born too weak to suckle. >> my husband is a house painter, but he sold his tools so we could feed the baby. things have gotten worse since the taliban came. what little we had went to zero. >> reporter: the babies here are given a four to five blend of formula. abdomen a third were already vulnerable, like imran, who has a neurological disorder. the #-year-old can't walk or talk. now he's starving, too. jawad barely weighs 3 pounds. many of the poorest in herat live on the outskirts of the city. here the elders say the work has disappeared since the taliban took over and the prices have gone pup then a day worker made a shocking admission. look, look, behind you, you see her? come here, come here, he says. i swear to god, she old enough to marry? no, but i sold her. his daughter is 8 years old. she was sold to another family to marry one of their sons when she reaches puberty. >> do you know what we're talking about? she doesn't answer, but seems to want to disappear. the buyers haven't paid for her yet. the agreed price, her dowry, is $2,000. as soon as they pay it, they'll come to collect her. her family has survived by begging. they burn trash to break bread, because they can't afford wood. she keeps the bread close to her heart wherever she's lucky enough to get a piece. her sister, nazia, lies sick, her father thinks from the plastic fumes. she does have a fever. she's burning up. have you had anything to eat or drink? nothing. benazer and her beth friend go to fetch water. the local mosque is kind enough to let them fill her pails. salilha has been sold, too. she's 7. the girls walk back home. benezer in torn socks, even as she crosses a rocky path. her father says he knows she's too young, but he had a terrible choice to make, take the dowry now or watch all the family starve. i'm forced to do this. i'm keeping five alive. one has to be sacrificed. benezer and salilha sit alone by their homes. the other girls here, like many who use henna to dye their hair, keep a distance, wary that they too will become hunger brides. >> richard engel reporting. i'm with an international affairs analyst. thank you for being with me. i don't even know what to ask you. i don't even know -- you see this and your heart breaks. this is a crisis of monumental proportions. what is going on in afghanistan? >> it's terrible. my heart is breaking and i'm holding back tears thinking about what these families are going through. it's a real sophie's choice. it's a situation that, of course, the women and the children wind up suffering the most, as we saw in richard's package. the world food program right now says 95% of afghans don't have enough food. that's 95%. 23 million are on the brink of starvation. that's more than half of the population. in fact, they say that this winter is going to be catastrophic. and the world food program says it's going to be hell on earth. we're not just reaching the winter months right now, we're on the line. there are going to be many districts and provinces that will be unreachable once the snow starts falling and that means if they don't get the food, if they don't get the things, the supplies that they need now, they will die. and unfortunately, that's what we're about the taliban have proven they know how to fight. we saw that in the last 20 years. they have not proven they know how to govern, and weren't able to do it in the 90s. they're desperate right now even sending a message to congress, hoping that the americans and the international community will unfree some funds to try to prevent some of what's going on. there are ngos desperate, desperate to make a difference. but unfortunately, i do believe it's going to be that hell on earth that the world food program has mentioned, and i just want to thank you, jose for shedding light on this story. many americans say this isn't our problem anymore. the war is over for america, it isn't our problem. but it is our problem. not just because of our situation. in the last 20 years with afghanistan, but there are millions of americans who made a commitment to sacrificed so much in the last 20 years for an end result to be like this, it's not right. >> i mean, there but for the grace of god go i. parents so desperate to keep their children alive that they're selling one of their children. i mean, it's almost like soviet union in 1933. talk to me about the responsibility of the taliban. right? because they came in now saying we're the different -- we're the taliban 2.0. what's the reality? >> the reality is they want to be the taliban 2.0, but they need to prove it. we still are on day 62 where women, young girls, in middle school and high school can't go to school in the majority of country. yes, some of them have -- some are closed. the taliban are not proving they are taliban 2.0. they made a government that was very hard-handed government. as they had promised. so it is being stuck between a rock and a hard place, especially for the american government, the international community who want the taliban to become that taliban 2.0 they promised. but there's a moral and ethical responsibility on both sides, and unfortunately, both sides aren't pushing that responsibility they need to. >> richmond engle said one child dies after malnutrition in the hospital he's at every single day. thank you for being with me. breaking news from south lake, texas today. let's go live in that city, antonia, what's the latest? >> reporter: hi, jose. that's right. we have just confirmed that the u.s. department of education office of civil rights, their civil rights enforcement arm launched three separate investigations into south lakes carol isd school system here, and this is a big deal. these are investigations that are going to probe issues relating to racial, gender and sexuality discrimination, and in terms of the -- to put this in context, experts we've spoken to say this office does not open investigations just into any school district. this is a sign they believe that there's serious information, a serious violation, title ix violations. and this comes on the heels of months of our team's reporting on the issues here in south lake that all started with a viral video of students chanting the n-word, and the community's struggle here to come together to address racist incidents in the school and a proposed diversity plan that ended up not moving forward. a team of conservative parents launched an opposition plan, a lawsuit that ultimately stalled the diversity plan here, and now on the heels of all this, the community is facing these three federal level probes. >> antonia, thank you very much for being with me this morning. now back to one of our other top stories this morning. president biden heads to detroit to talk about what the infrastructure law does for the auto industry and how it will help fight climate change. michigan will receive billions of dollars for everything from rebuilding highways and bridges to upgrading water infrastructure. with me now is michigan democratic congressman dan killedy, chief deputy whip and a member of the ways and means community. you represent the flint area. what will the infrastructure law do to help the people you represent? >> well, we have an aging part of the country, older infrastructure, and it makes us less competitive. we have a difficult time competing for 21st century jobs with 19th century obsolete crumbling infrastructure. and everyone knows the story of my hometown of flint, michigan and the story of the water there. but water system not only was atrophied but also the road, bridges, rail, access to broadband. for us, this gives us a chance to compete for the jobs of the 21st century without having both of our arms tied behind our backs. this is a big step forward for communities like the ones i represent. >> and congressman, last week a federal judge approved $625 million deal to settle lawsuits with flint residents whose water was contaminated with lead. what do you make of this settlement? and what lessons can we all learn from what happened in flint? >> for the people of flint, it comes in a lot of forms. this is one. t not sufficient just to be clear. $600 million for a community of 80,000 people is not really enough. the lessons, though, are that flint was not an anomaly. flint was a warning to the rest of the country. and that's why this legislation that we just passed is so important. we actually have a chance to prevent some other community from going through the terrible pain that my community still faces by getting the led pipes out of the ground. i talked to the president. he was adamant. we've got to get every lead pipe out of the ground. this legislation gives us a chance to begin that process in a robust way. >> it's going to have long-term effects on people, and we can't just forget them because something was in this case, this settlement agreed to. congressman, the house plans to vote on the reconciliation bill before thanksgiving. senate majority leader chuck schumer said the senate aims to pass the bill by christmas. do you share this opinion? >> i share the optimism. we can act this week in the house as soon as we get those congressional budget office scores delivered. then the question really is what will the senate do with the legislation? we know a couple democratic senators have some issues with what we've included in the bill. we'll see what they do with it. i don't think there's any reason we shouldn't be able to deliver this by the end of the year. >> so if a cbo scoring comes in today, tomorrow, friday, do you think that's going to have an impact? how much importance are you giving that cbo score? >> well, i was confident in the estimates that we went through. i'm a member of the ways and means committee, and much of the legislation is written by our committee, and we went through it pretty exhaustively. i was not one that was willing to withhold my vote in the house pending the cbo score, because i know that the senate can't take action until the congressional budget office finishes its work. so this, to me, would have been an opportunity to advance the legislation in a more timely fashion. some of my colleagues had a different idea. we're acome dating that. hopefully that means we can move this week. >> let's talk about immigration reform and putting it into the reconciliation bill. we're talking to congressman clyburn about this a couple minutes ago. they were talking about a comprehensive road to citizenship for many of the 11 million people in this country, most of them since 2011. now it's possibly changing. what do you see in that, and how important is it for you? >> well, it's very important. i was hopeful that we would be able to take more concrete steps in this legislation on a whole number of fronts including immigration. we ran into problems getting to 18 vote -- 2018 votes in the house. it's harder to make policy in a reconciliation bill. that was also a constraint that was making it difficult, but look, just like infrastructure was long overdue, who is comprehensive immigration reform. and my hope is that the success we have in moving these two really significant pieces of legislation forward will open the door for us to deal with voting rights, immigration, so many of the other aspects of our work that continue to sit in the unfinished business pile. we've really got to get this done. >> and it's important to recognize, and i've done that every now and then, that the last really comprehensive immigration reform that we saw in this country was in 1986. i mean, how much does one have to wait for issues to be dealt with? congressman, are you hopeful that could be included and it would hold? >> i'm hopeful so long as democrats hold together and we try to attract the handful of republicans that will work with us. it used to be that immigration reform was a bipartisan effort. back in 2013, you know, we had in the senate, a bipartisan comprehensive immigration bill. it wasn't perfect, but it was a huge step forward. we couldn't get the republican leadership and the house to take it up. so we have come close. we just haven't been able to get it over the finish line. hopefully we're going to be able to do that soon. i don't think we can ever give up. there are too many people whose lives will be completely upset if we don't. >> congressman, thank you for being with me. i look forward to continuing this conversation with you in the future. that wraps up the hour for me. i'm "jose diaz-balart reports." we're in washington d.c. this morning. it's a beautiful day. thank you for the privilege of your time. craig melvin picks up with more news right now. and a good wednesday morning. craig melvin here. right now we are on watch in the trial of kyle rittenhouse, and we are learning that his defense team has filed a motio

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Transcripts For MSNBC Jose Diaz-Balart Reports 20240709

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bill. we'll talk to congressman jim clyburn about the democrats' plan to get it all done. this as president biden will head to detroit to tout the infrastructure law. over on the west coast, a massive storm drenched the pacific northwest, bringing severe flooding and heavy winds. we'll bring you a live report with the latest. and just as covid cases are on the rise in some states, we could be just days away from the fda authorize the pfizer booster shot for all adults. happening at any moment now, 12 jurors will reconvene for day two of deliciouses in the kyle rittenhouse trial. there is our camera shot into the courtroom. and we expect the judge to maybe say a few words in just a couple of minutes when they reconvene in kenosha. joining me now with the latest is nbc news correspondent, gabe gutierrez. paul butler is a former federal prosecutor, professor at georgetown school of law, and msnbc legal analyst, and kim is a national correspondent for "the washington post." thank you for being with me. gabe, just in the last couple of minutes, you reported that the defense is now officially filed a motion for a mistrial. what is this all about? >> hey, there, jose. this is something that the defense had indicated that it would do late last week. you remember, they had asked for a mistrial with prejudice, and that would mean that rittenhouse could not be tried again if that motion were granted. this motion basically formalizes that. they are asking the judge to declare a mistrial for several reasons. among them, they're accusing the prosecution of intention misconduct. and that relates to the time, you may remember last week, jose, when the prosecutor was asking kyle rittenhouse or began to rye to ask him about his silence post-arrest. of course, he has a right to stay quiet after his arrest, that's guaranteed by the constitution. but the defense objected at that point. they were very upset by it. in this motion, they're formalizing that. but also, some new information, to really have an issue with the way specific evidence was handled. specifically, jose, that drone footage that was such a key part of this case, the defense calling it a linchpin of the prosecution's case. they are claiming that the prosecution withheld evidence from the defense, saying that they only turned over the higher resolution copy of that drone video last saturday. so just two days before closing arguments and after the defense says the evidence portion of the trial had already concluded. the defense says they were only given a copy of that video that was about three megabytes, whereas the state's version, the high resolution version was 11 megabytes. why was that important? the defense claims they weren't able to review that evidence, the higher resolution version, which could be zoomed in with enough time before closing arguments. now, this particular motion, jose, it's -- it doesn't come as a huge precise. the defense said that it would file it. the judge has not ruled on the motion for a mistrial, but legal experts have said, look, if the judge was going to declare this a mistrial, he would have done so already. he already let it go to the jury. we're now entering our second day of jury deliberations, any moment now. and jose, yesterday the jury deliberated for more than eight hours. what was interesting to me, jose, is that we did not get a question from the jury. no specific question, only a request for extra copies of the jury instruction. so that's what we will be watching for today, jose. will the jury some time this morning come back with some sort of questions as it deliberates in this trial, jose? >> gabe, thanks. paul, let's talk about that, is it unusual for the jury to be a full day in deliberations and not go back with a question, but rather ask for the instructions once again? what does that tell you, paul? >> so we know the jurors have been a whole day deliberating without reaching a verdict. that tells us something we already knew, jose, that this case is not a slam dunk for either side. the pool reporter said that the jurors looked tired when they were dismissed last night. so this could mean that at this point, there are some jurors who favor conviction and other jurors who favor acquittal. remember, the prosecutors asked for and got jury instructions on lesser including offenses, which could provide a way for the jurors to compromise. >> and paul, just your thoughts on this kind of wrinkle that gabe gutierrez was just mentioning this morning, on the videotape that the prosecution utilized and that the defense is saying they only got a lesser quality version or copy of it. and asking for a mistrial on this specific issue. how unusual is that? and is it normal for the prosecution and/or the defense to do that kind of stuff? >> jose, this is litigation and trial advocacy in the age of new technology. the defense is complaining that they got the video from the prosecutor, but the prosecutor didn't enhance it for the defense, like it did for the jury. so some of these are new issues that appellate courts will struggle with. i doubt that based on just that claim, the judge would declare a mistrial or in the event that mr. rittenhouse is convicted, that would be a ground to overturn the conviction. >> the new technology of today having a role in jury trials. kim, tell us what you're learning about the community. how is it brace for a verdict either way? >> reporter: well, those in the community here have really been doing the work to try to encourage peace, try to encourage healing. they understand that people have been really traumatized from the events from last year. there was a prayer vigil outside the labor yesterday, where there was a whole multi-faith coalition that was saying, you know, no matter what happens, you know some people are going to be upset by this. we need to come together as a community and we need to understand each other and lift each other up. there's a lot of concern and we saw it happen yesterday on the steps of the courthouse, what they're concerned about outsiders. we saw different protesters that people said, hey, these aren't from the community. they're here to make us look bad. our community has its own things that we're trying to deal with. they're bracing, they're thinking that the residents of kenosha are going to stay peaceful, but as far as people who come from outside, they're not so sure. >> and gabe, you have some new reporting on how the rittenhouse defense team developed what they call a jury profile. >> reporter: yeah, jose. actually, the defense team has been working with a high-profile jury consultant, who actually was working in the oj simpson trial decades ago. and she has been in the courtroom with the mother of kyle rittenhouse, sitting close by to her. and that signals really that the defense team paying attention closely to the makeup of this jury. we know that we started with 20 jurors in this case. two were dismissed throughout the trial. one of them dismissed when he told what the judge deemed to be an inappropriate joke to the bailiff. but right now, again, kyle rittenhouse yesterday was allowed to select the six alternates in this case, so right now 12 jurors will be deliberating. that's seven women and five men. one person of color on that jury. >> gabe gutierrez, paul butler, and kim, thank you very much for being with me this morning. now to capitol hill where at any moment house speaker nancy pelosi will hold a press conference to talk about efforts to pass a huge bill. the house hopes to debate and vote on its version of the bill before thanksgiving. this comes as president biden hits the road once again to sell the landmark bipartisan infrastructure bill. today, he visits a gm electric vehicle plant in detroit to talk about what the law will do to put more electric vehicles on the road. with me now, nbc news chief white house correspondent, kristen welker with, and ana palmer, founder of punch bowl news and an msnbc contributor. ana, let me start with you. the house could vote on the reconciliation bill as soon as later this week. senate majority leader chuck schumer says the senate aims to pass it by christmas. is this a realistic timeline? >> it's certainly an ambitious timeline, when you look at senate majority leader chuck schumer putting that marker out there as publicly as he has. we do believe the house will take up in measure potentially thursday if not friday in the house. usually there's always a wrinkle or a twist that we aren't necessarily anticipating. but so far, the moderates and progressives are really moving in sync, that once that cbo score does come out, they'll be ready to vote for that. it's going to be a very partisan vote, but they expect to then push it over to the senate. that's where really the negotiations are going to happen. schumer is optimistic, but we've already heard some warning signals from senator joe manchin and others that this is not the package that is going to eventually emerge from the senate, so there will be tough negotiations going forward. >> and any indication on when that cbo score will be produced? >> they expect that to come, if not today or tomorrow, but definitely by friday. and everybody -- they've started to have different pieces and bits of it, but some of the real important ones on, for example, the ways and means provisions have not yet come out. so that's really what they're looking for by the moderates. they want to make sure that the white house had projected is what's going to happen. i think there's immense pressure to get moving on this, particularly after the bipartisan infrastructure package took so long and a lot of democrats are worried about their own re-election in 2022. >> the president's infrastructure tour comes as americans are increasingly worried about rising prices for gas, groceries, and other items. how will the president try to sell the infrastructure bill when americans are more concerned, quite frankly, about the economy? >> that is the big challenge, jose. as you mentioned, president biden will be visiting that electric plant in detroit. and he is going to argue that his infrastructure bill will pour billions of dollars into creating jobs, into plants like the ones he's going to be visiting. that's some of the real-world impact. but look, the white house acknowledges that it could be months if not longer before that real-world impact is actually felt. now, there is undoubtedly a political component to all of this, as well. of course, michigan, a key swing state. that will be president biden's fifth visit to that state. he has only visited pennsylvania and virginia more. so clearly keeping an eye on those all-important midterm elections that ana was just talking about next year. and it does come as the second piece of his agenda, as y'all have been talking about, is really facing an uphill battle, trying to make sure that he doesn't lose moderates like joe manchin. that cbo score is going to be critical. but jose, remember how the infrastructure bill got over the finish line ultimately? president biden was engaged, he was engaged in the final negotiations in those final hours, to really push it over and the question is how engaged will he be with this process. right now, he's on the road, part of this full-court press to try to explain the infrastructure bill to the american people and the white house undoubtedly signaling that when he comes back, he will be increasing that engagement, as it relates to the build back better, to get that second, larger piece of his agenda over the finish line, jose. >> thank you both for being with me. still ahead, growing concerns about the situation for women and girls in engel has a herat with the latest. and jim clyburn will join us. do democrats have the vote for president biden's social safety net bill? we'll ask him next. you're watching "jose diaz-balart reports" on msnbc. xt you're watching "jose diaz-balart reports" on msnbc. theo is saving big, holiday shopping at amazon. so now, he's free to become, thoughtful theo. and he's got a gift for everyone. so thoughtful. at fidelity, your dedicated advisor will work with you on a comprehensive wealth plan across your full financial picture. a plan with tax-smart investing strategies designed to help you keep more of what you earn. this is the planning effect. 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(vo) visible. unlimited data, powered by verizon. switch and get up to $200. 17 past the hour. now back to capitol hill where democrats held a meeting to make sure that everyone is onboard as they prepare to debate and vote on a nearly $2 trillion billion aimed at reshaping the social safety net and fighting climate change. with me now is the house majority whip, south carolina democratic congressman, jim clyburn. congressman, it's always a pleasure see you. thank you for being with me. can you tell us about the timeline for debate and then vote on the house version of this reconciliation bill. are you confident you're going to have the votes to get it through? >> i'm pretty confident. you know, these days, something could happen between now and the start of the debate, but so far, things are moving along rather swimmingly, so to speak. and i think we'll have the votes when the vote is ready. >> and do you have an understanding of kind of the timeline? we're talking about some votes this week, we're talking about maybe some votes before thanksgiving. >> well, i think that the house should not be confused with the senate. we're going to finish work before we go home, i think. we'll try to. in fact, the speaker has made it be known that there will be no thanksgiving break until we get this done. and so i would hope that we'll get it done before this week is out. so that means we should start the debate tomorrow, thursday, and hopefully we can have a vote by the close of business on friday. >> and congressman, you and i have spoken about senator manchin in the past. he now says that he has concerns about the spending of all of this money, as americans continue to deal with high gas prices, groceries, and other items. how do you respond to concerns about the impact this bill could have on inflation. >> well, we all have concerns about this, but i think that you just need to listen to the experts. the experts are telling us that this bill could have a very positive impact in containing inflation. really, we've got to get people back to work. and you aren't going to get people back to work until we do something about child care and senior care. if you want a young mother to go back for a job and you said she can't leave the kids at home. she needs to have child care. and we need to extend beyond december 31st the child tax credit. we give a big break, tax break, to families with children. and that's what the child tax credit is all about. that expires december 13st. we need to extend that. so we need to pass this bill in order to keep our economy humming along. and if you get more people back to work, people start spending more. we get the things, i'll say, fixed, as it relates to our trade issues. it will have a positive impact on trying to bring down the inflationary spiral. >> and congressman, i'm glad you mentioned the fact that we've got to get people back to work. the unemployment rate among african-americans and latinos certainly higher than the one that we give out as a general number. there are a lot of people who still don't have work today, and that is a crisis that we have to continue focusing on. congressman, the reconciliation bill also includes temporary protections for undocumented immigrants who have been in the u.s. since 2011. some of your colleagues fought for a path to citizenship, but that was rejected by the senate parliamentarian. do you think this temporary protection language will be able to make it through the senate? >> i don't know. you know, i have never fashioned myself as an expert on the senate machinations. so what we're going to do is get it through the house and hopefully, the senate parliamentarian will find favor with the way that we are doing it. as you said, what we started out to do has been kind of rejected by them as not being, you know, as not being right for this bill, should i say for reconciliation. so we're going to do what we can. and hopefully the senate will do what it can, too. >> and congressman, i want to bring you back then to the house. you and your colleagues will vote today on a resolution to censure paul gosar and strip him of his committee assignments. republicans said this should be done by the caucus, not by the house as a majority or as a whole. why is this important that the house take this vote today? >> because, i think the speaker of the house -- she's the speaker of the house. not the speaker of the democrats or the republicans, but the speaker of the house. she has a responsibility to maintain decorum. and to make sure, as i say, that this classroom, america's classroom is treated as a place that children can look in on and really get a lesson on how to conduct themselves. now, this man's families says that he he should be expelled. and i think the republicans are right. the house can censure, but i think the republican conference need to do something about him. the republican leader needs to do something about him. why is he silent? when the man is threatening to kill another member of this body? and threatening the president of the united states of america. i'll ask your viewers one question. if yours truly put out something like that, do you think for one moment that my democratic colleagues would not take action against me? they would do it and they should do it. and the republicans ought to do the same thing for anybody in their conference that violates the decorum of the house and do and say something that really seems to be criminal to me. >> so interesting. you know, calling congress america's classroom, i think that's a wonderful way of focusing on what america really is. it's america's classroom of democracy throughout the world. congressman jim clyburn, thank you very much. >> thank you very much for having me. >> it's a pleasure to see you always. ahead, one of the most recognizable rioters from the capital insurrection will be sentenced today. he's the guy with the horns over there. plus, an update on a deadly storm system that hit out west. you're watching "jose diaz-balart reports." you're watching "jose diaz-balart reports. 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-hello! grocery outlet, bargain market. -♪ grocery outlet bargain market ♪ -with this holiday set to bust your wallet, your neighborhood grocery outlet is the destination for savings of 40 to 70 percent on your whole meal with deals like 14 dollars off your turkey. turning now to breaking news out of washington, where one of the most visible figures from the january 6th attack on the capitol is being sentenced. jacob chansley, also known as the qanon shaman is facing a federal judge this hour, where he is being sentenced after pleading guilty in september to a charge of obstructing an official proceeding. joining me now is nbc news justice correspondent, pete williams. pete, good morning. what's the latest from the courtroom? >> this hearing just getting underway and federal prosecutors are asking for a sentence of 51 months. that would be the longest sentence yet for any of the rioters who have been sentenced. it would be ten months longer than the sentence for scott fairlam, who was accused of hitting a police officer during the riot. chansley, by contrast, is not accused of striking anybody or stealing anything or breaking any property, but the prosecutors say he was a leader of what happened inside the senate when he was up on the dais and sat in the chair that mike pence had sat in and wrote a note saying that justice was coming, you're next. prosecutors say that he used he sent electronic messages. chansley was a first for many reasons. he was the first person indicted on a felony. he was among the first to be arrested after the capitol riot, just because of his notoriety. and the government says he was among the first 30 people to enter the capitol on january 6th. so for all of these reasons, plus his obvious notoriety, this case is really standing out and the sentence is standing out. his defense lawyer hasn't spoken yet, but in court documents, he says chansley had some serious mental problems that he was diagnosed with a serious penalty disorder when he was in the navy in 2006. and that his time in detention, he's been detained since january. his time in detention, in solitary confinement, which is a necessity of the covid pandemic, has just made his mental situation worse and that he should not get a long sentence, he should basically be sentenced to time served so he can get mental health treatment. and the judge will impose sentence, i would guess, here in the next half hour or so. >> pete williams in washington, thank you. we're keeping a close eye on another high-profile trial unfolding right now in a georgia courtroom. this morning, the defense takes the case in the murder trial of three white men charged with killing 25-year-old black man ahmaud arbery. joining me now with more on this, live from brunswick, georgia, is nbc news correspondent, ron allen. ron, good morning. what can we expect today? >> reporter: well, right now, the defense is making an argument to the judge that the prosecutors did not prove their case and they're asking for the judge to dismiss the charges. something that's pretty standard in these murder trials. and the judge, of course, is unlikely to do that. we're expected to hear the defense begin its case some time in the coming hours. they are expected to argue that essentially ahmaud arbery is responsible for his own death. that while a lot of people have been focusing on the video that shows him being chased by the defendants and shot and killed, they have been focusing on home security video that came to the surface during the trial, that shows that arbery was in the neighborhood where the fatal encounter happened, on a number of occasions, at least four occasions, at night in the weeks and months leading up to it. and that there had even been one encounter where miblgs saw him at a house that was under construction in the neighborhood so the defense is arguing that arbery was known to him, that he was a suspect, that they were pursuing him, because they suspected him of having committed a crime, although there's no evidence that he ever took anything from any of the homes in the neighborhood. he made the case that he was hunted down, attacked, and killed for no good reason. and that's basically how this case, the shape it's taken from the beginning. we expect the defense to take its case. it's unclear whether that will happen in the murder trial, but that's part of the drama that's playing out here this afternoon. back to you, jose. >> ron allen, thank you very much. time now for a look at headlines out west. parts of washington state and canada are beginning to clean up after a storm system known as an atmospheric river dumped rain for days, causing severe flooding. at least one person was killed. here with that and much more, nbc jacob ward. jacob, good morning. how is the pacific northwest doing after that storm system? >> good morning, jose. this storm system that began on friday is now in theory over, the floodwaters are receding, but officials are still worried as they have to release pressure inside reservoirs that have, of course, filled up during the storm. this drone video that you see over bellingham, washington, just outside of seattle, is, of course just one of the many incredible images that we've been seeing from there. i'm actually from washington state, jose. i grew up with rain. we're used to that, but this is nothing like that. this is the kind of atmospheric river that scientists say carry incredible amounts of water out from the ocean and dump it once it hits landfall. and unfortunately, in a warmer climate, the atmosphere can hold more moisture. and that's why you've seen small towns like sumas, washington, in which hundreds of people had to be evacuated, roughly 75% of the homes in that one town on the canadian border having water damage. it's truly extraordinary what has happened here. and one of the things that makes british columbia and the pacific northwest so picturesque is the waterways. that's why you take a cruise up there, why it's so beautiful. but all of that magical landscape now means that people are cut off as the water rose. again, officials say that the floodwaters are receding, but now the question is, how quickly can we get help to people, even as reservoirs have to be slowly emptied, jose. >> and jacob, when i heard that the iconic staples center in los angeles was getting a new name, i was hoping it would be called the jacob ward center but it's not. >> reporter: you know, i put in a bid, but it just didn't seem to match up to the bid of crypto.com, which put in a reported $700 million to rename the fabled staples center. i grew up with the era of the lakers. i can't say i was a fan, but, you know, the three championships they won as part of why vanessa bryant was tweeting this week that this is, of course, the house that kobe built. kobe bryant and shaquille o'neal establishing the dynasty under the name of the staples center. staples as a company has been in decline since in 1990s and now it seems that a new name has arisen. crypto.com, it's a singaporean crypto exchange company. they're trying to get the idea of cryptocurrency out into the popular imagination and at least for the moment, the lakers will be part of that imagination for now, jose. >> jacob ward, thank you so much. good to see you this morning. coming up, we're days away from an important decision about booster shots. how this can help the fight against coronavirus. you're watching "jose diaz-balart reports." s. you're watching "jose diaz-balart reports. r insurance from liberty mutual so they only pay for what they need. woooooooooooooo... we are not getting you a helicopter. only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪ nurse mariyam sabo knows a moment this pure... ...demands a lotion this pure. new gold bond pure moisture lotion. 24-hour hydration. no parabens, dyes, or fragrances. gold bond. champion your skin. find your rhythm. your happy place. no parabens, dyes, or fragrances. find your breaking point. then break it. every emergen-c gives you a potent blend of nutrients so you can emerge your best with emergen-c. wondering what actually goes into your multi-vitamin. at new chapter. its innovation organic ingredients and fermentation. fermentation? yes, formulated to help your body really truly absorb the natural goodness. new chapter. wellness well done. today marks the second anniversary of the first confirmed covid case in china. it comes as more than 768,000 people have died in the u.s. more than 5.1 million have lost their lives around the world in the pandemic. but there is promising news on how further deaths could be prevented. the fda is expected to grant pfizer's request to approve its covid booster shot for all adults within days. joining me now is nbc news medical contributor, dr. kavita patel. dr. patel, always a pleasure to see you. i want to begin with news from pfizer. how significant would this development be ahead of the holidays? >> reporter: i think it's huge, especially considering, jose, that boosters actually take effect pretty much immediately, unlike having to wait those two weeks after those first two doses to get full immunity. we really do see the effect. so people should not delay, if this were to go into effect, hopefully by friday, we could see boosters broadly being rolled out saturday and that's good news, considering the holiday weekend and as you point out, the cases are actually increasing in now 23 states in the united states. >> oh, wait, so pardon my ignorance, so if you get the booster, you're almost immediately benefited? >> correct. it's a different -- so it's not weeks, it's literally within one to two days, you can actually see the return of post-dose-two level effectiveness almost immediately. it's an incredible kind of -- this is how incredible our bodies are. it really just kind of pokes and primes your natural immune system, to remind you that you've already developed antibodies, we just need more of them, and that we need to be ready for an infection, in case it comes. >> interesting. so doctor, pfizer also announcing that it has submitted a request for an emergency use authorization for its covid treatment called paxlovid. the company said that the clinical trials found that their treatment decreased hospitalizations and deaths by almost 90% when taken within three days of the onset of symptoms. how will treatments like this affect how we deal with covid in the future? >> it's incredible to even be able to talk about vaccines that prevent hospitalizations and death and now we have an oral pill, twice a day, five days. it's not for everyone, not approved in children and might be certain patients who it's not appropriate for. but as you said, positive test. and this could be something that prevents you from even having any of those moderate or long-term symptoms. so that's exciting. vaccines still are the best protection, but if we see breakthrough infections or someone who is in a nursing home, who is at higher risk, these pills can be more of a tool, instead of waiting until people end up in an emergency room or a hospital. >> dr. kavita patel, you're always teaching us something that we didn't know, speaking on a personal level. i thank you for being with me this morning. >> thanks, thanks. president biden heads to michigan today to promote his bipartisan infrastructure law. we'll talk to michigan congressman dan kildee about how the law will affect his state, particularly, the town of flint, which is recovering from water crisis. you're watching "jose diaz-balart reports." e diaz-balart reports. ray loves vacations. but his diabetes never seemed to take one. everything felt like a 'no'. everything. but then ray went from no to know. with freestyle libre 2, now he knows his glucose levels when he needs to. and... when he wants to. so ray... can be ray. take the mystery out of your glucose levels, and lower your a1c. now you know. try it for free. visit freestylelibre.us ♪♪♪ ♪♪it's a most unusual day♪♪ ♪♪feel like throwing my worries away♪♪ ♪♪as an old native-born californian would say♪♪ ♪♪it's a most unusual day♪♪ ♪♪it's a most unusual sky♪♪ ♪♪not a sign of a cloud passing by♪♪ ♪♪if my heart won't behave in the usual way♪♪ experience the power of sanctuary at the lincoln wish list event. hi, i'm steve and i live in austin, texas. i work as a personal assistant experience the power of sanctuary to the owner of a large manufacturing firm. i've got anywhere from 10 to 50 projects going at any given time. i absolutely have to be sharp. let me tell ya, i was struggling with my memory. it was going downhill. my friend recommended that i try prevagen and over time, it made a very significant difference in my memory and in my cognitive ability. i started to feel a much better sense of well-being. prevagen. healthier brain. better life. i'm still drawn to what's next. even with higher stroke risk due to afib not caused by a heart valve problem. so if there's a better treatment than warfarin that's a trail i want to take. eliquis. eliquis reduces stroke risk better than warfarin. and has less major bleeding than warfarin. eliquis has both. don't stop taking eliquis without talking to your doctor as this may increase your risk of stroke. eliquis can cause serious and in rare cases fatal bleeding. don't take eliquis if you have an artificial heart valve or abnormal bleeding. while taking, you may bruise more easily or take longer for bleeding to stop. get help right away for unexpected bleeding, or unusual bruising. it may increase your bleeding risk if you take certain medicines. tell your doctor about all planned medical or dental procedures. the number one cardiologist-prescribed blood thinner. ask your doctor about eliquis. [oof] i'll also be needing, stain remover, club soda and a roll of paper towels. [sfx: doorbell rings] lifesaver! [blegh] you're weird, man. to each his own. 45 past the hour. and beyond our borders in afghanistan, a growing humanitarian crisis is emerging as more and more children are being brought to hospitals suffering from malnutrition. nbc's chief foreign correspondent richard engel has more from afghanistan. >> at a nurse in a clinic run by doctors without borders measures her arm. if the band goes red, she's severely malnourished. farzana is nearly at the end of the scale. weigh 6 1/2 pounds, at 8 months old. farzana's mother used to give her formula, but now can't afford it after her husband lost her job. a baby dies of starvation nearly every day at this clinic. occupancy is up 70% compared to last year. some are two to a bed. ali's mother was herself malnourished, so the baby was born too weak to suckle. >> my husband is a house painter, but he sold his tools so we could feed the baby. things have gotten worse since the taliban came. what little we had went to zero. >> reporter: the babies here are given a four to five blend of formula. abdomen a third were already vulnerable, like imran, who has a neurological disorder. the #-year-old can't walk or talk. now he's starving, too. jawad barely weighs 3 pounds. many of the poorest in herat live on the outskirts of the city. here the elders say the work has disappeared since the taliban took over and the prices have gone pup then a day worker made a shocking admission. look, look, behind you, you see her? come here, come here, he says. i swear to god, she old enough to marry? no, but i sold her. his daughter is 8 years old. she was sold to another family to marry one of their sons when she reaches puberty. >> do you know what we're talking about? she doesn't answer, but seems to want to disappear. the buyers haven't paid for her yet. the agreed price, her dowry, is $2,000. as soon as they pay it, they'll come to collect her. her family has survived by begging. they burn trash to break bread, because they can't afford wood. she keeps the bread close to her heart wherever she's lucky enough to get a piece. her sister, nazia, lies sick, her father thinks from the plastic fumes. she does have a fever. she's burning up. have you had anything to eat or drink? nothing. benazer and her beth friend go to fetch water. the local mosque is kind enough to let them fill her pails. salilha has been sold, too. she's 7. the girls walk back home. benezer in torn socks, even as she crosses a rocky path. her father says he knows she's too young, but he had a terrible choice to make, take the dowry now or watch all the family starve. i'm forced to do this. i'm keeping five alive. one has to be sacrificed. benezer and salilha sit alone by their homes. the other girls here, like many who use henna to dye their hair, keep a distance, wary that they too will become hunger brides. >> richard engel reporting. i'm with an international affairs analyst. thank you for being with me. i don't even know what to ask you. i don't even know -- you see this and your heart breaks. this is a crisis of monumental proportions. what is going on in afghanistan? >> it's terrible. my heart is breaking and i'm holding back tears thinking about what these families are going through. it's a real sophie's choice. it's a situation that, of course, the women and the children wind up suffering the most, as we saw in richard's package. the world food program right now says 95% of afghans don't have enough food. that's 95%. 23 million are on the brink of starvation. that's more than half of the population. in fact, they say that this winter is going to be catastrophic. and the world food program says it's going to be hell on earth. we're not just reaching the winter months right now, we're on the line. there are going to be many districts and provinces that will be unreachable once the snow starts falling and that means if they don't get the food, if they don't get the things, the supplies that they need now, they will die. and unfortunately, that's what we're about the taliban have proven they know how to fight. we saw that in the last 20 years. they have not proven they know how to govern, and weren't able to do it in the 90s. they're desperate right now even sending a message to congress, hoping that the americans and the international community will unfree some funds to try to prevent some of what's going on. there are ngos desperate, desperate to make a difference. but unfortunately, i do believe it's going to be that hell on earth that the world food program has mentioned, and i just want to thank you, jose for shedding light on this story. many americans say this isn't our problem anymore. the war is over for america, it isn't our problem. but it is our problem. not just because of our situation. in the last 20 years with afghanistan, but there are millions of americans who made a commitment to sacrificed so much in the last 20 years for an end result to be like this, it's not right. >> i mean, there but for the grace of god go i. parents so desperate to keep their children alive that they're selling one of their children. i mean, it's almost like soviet union in 1933. talk to me about the responsibility of the taliban. right? because they came in now saying we're the different -- we're the taliban 2.0. what's the reality? >> the reality is they want to be the taliban 2.0, but they need to prove it. we still are on day 62 where women, young girls, in middle school and high school can't go to school in the majority of country. yes, some of them have -- some are closed. the taliban are not proving they are taliban 2.0. they made a government that was very hard-handed government. as they had promised. so it is being stuck between a rock and a hard place, especially for the american government, the international community who want the taliban to become that taliban 2.0 they promised. but there's a moral and ethical responsibility on both sides, and unfortunately, both sides aren't pushing that responsibility they need to. >> richmond engle said one child dies after malnutrition in the hospital he's at every single day. thank you for being with me. breaking news from south lake, texas today. let's go live in that city, antonia, what's the latest? >> reporter: hi, jose. that's right. we have just confirmed that the u.s. department of education office of civil rights, their civil rights enforcement arm launched three separate investigations into south lakes carol isd school system here, and this is a big deal. these are investigations that are going to probe issues relating to racial, gender and sexuality discrimination, and in terms of the -- to put this in context, experts we've spoken to say this office does not open investigations just into any school district. this is a sign they believe that there's serious information, a serious violation, title ix violations. and this comes on the heels of months of our team's reporting on the issues here in south lake that all started with a viral video of students chanting the n-word, and the community's struggle here to come together to address racist incidents in the school and a proposed diversity plan that ended up not moving forward. a team of conservative parents launched an opposition plan, a lawsuit that ultimately stalled the diversity plan here, and now on the heels of all this, the community is facing these three federal level probes. >> antonia, thank you very much for being with me this morning. now back to one of our other top stories this morning. president biden heads to detroit to talk about what the infrastructure law does for the auto industry and how it will help fight climate change. michigan will receive billions of dollars for everything from rebuilding highways and bridges to upgrading water infrastructure. with me now is michigan democratic congressman dan killedy, chief deputy whip and a member of the ways and means community. you represent the flint area. what will the infrastructure law do to help the people you represent? >> well, we have an aging part of the country, older infrastructure, and it makes us less competitive. we have a difficult time competing for 21st century jobs with 19th century obsolete crumbling infrastructure. and everyone knows the story of my hometown of flint, michigan and the story of the water there. but water system not only was atrophied but also the road, bridges, rail, access to broadband. for us, this gives us a chance to compete for the jobs of the 21st century without having both of our arms tied behind our backs. this is a big step forward for communities like the ones i represent. >> and congressman, last week a federal judge approved $625 million deal to settle lawsuits with flint residents whose water was contaminated with lead. what do you make of this settlement? and what lessons can we all learn from what happened in flint? >> for the people of flint, it comes in a lot of forms. this is one. t not sufficient just to be clear. $600 million for a community of 80,000 people is not really enough. the lessons, though, are that flint was not an anomaly. flint was a warning to the rest of the country. and that's why this legislation that we just passed is so important. we actually have a chance to prevent some other community from going through the terrible pain that my community still faces by getting the led pipes out of the ground. i talked to the president. he was adamant. we've got to get every lead pipe out of the ground. this legislation gives us a chance to begin that process in a robust way. >> it's going to have long-term effects on people, and we can't just forget them because something was in this case, this settlement agreed to. congressman, the house plans to vote on the reconciliation bill before thanksgiving. senate majority leader chuck schumer said the senate aims to pass the bill by christmas. do you share this opinion? >> i share the optimism. we can act this week in the house as soon as we get those congressional budget office scores delivered. then the question really is what will the senate do with the legislation? we know a couple democratic senators have some issues with what we've included in the bill. we'll see what they do with it. i don't think there's any reason we shouldn't be able to deliver this by the end of the year. >> so if a cbo scoring comes in today, tomorrow, friday, do you think that's going to have an impact? how much importance are you giving that cbo score? >> well, i was confident in the estimates that we went through. i'm a member of the ways and means committee, and much of the legislation is written by our committee, and we went through it pretty exhaustively. i was not one that was willing to withhold my vote in the house pending the cbo score, because i know that the senate can't take action until the congressional budget office finishes its work. so this, to me, would have been an opportunity to advance the legislation in a more timely fashion. some of my colleagues had a different idea. we're acome dating that. hopefully that means we can move this week. >> let's talk about immigration reform and putting it into the reconciliation bill. we're talking to congressman clyburn about this a couple minutes ago. they were talking about a comprehensive road to citizenship for many of the 11 million people in this country, most of them since 2011. now it's possibly changing. what do you see in that, and how important is it for you? >> well, it's very important. i was hopeful that we would be able to take more concrete steps in this legislation on a whole number of fronts including immigration. we ran into problems getting to 18 vote -- 2018 votes in the house. it's harder to make policy in a reconciliation bill. that was also a constraint that was making it difficult, but look, just like infrastructure was long overdue, who is comprehensive immigration reform. and my hope is that the success we have in moving these two really significant pieces of legislation forward will open the door for us to deal with voting rights, immigration, so many of the other aspects of our work that continue to sit in the unfinished business pile. we've really got to get this done. >> and it's important to recognize, and i've done that every now and then, that the last really comprehensive immigration reform that we saw in this country was in 1986. i mean, how much does one have to wait for issues to be dealt with? congressman, are you hopeful that could be included and it would hold? >> i'm hopeful so long as democrats hold together and we try to attract the handful of republicans that will work with us. it used to be that immigration reform was a bipartisan effort. back in 2013, you know, we had in the senate, a bipartisan comprehensive immigration bill. it wasn't perfect, but it was a huge step forward. we couldn't get the republican leadership and the house to take it up. so we have come close. we just haven't been able to get it over the finish line. hopefully we're going to be able to do that soon. i don't think we can ever give up. there are too many people whose lives will be completely upset if we don't. >> congressman, thank you for being with me. i look forward to continuing this conversation with you in the future. that wraps up the hour for me. i'm "jose diaz-balart reports." we're in washington d.c. this morning. it's a beautiful day. thank you for the privilege of your time. craig melvin picks up with more news right now. and a good wednesday morning. craig melvin here. right now we are on watch in the trial of kyle rittenhouse, and we are learning that his defense team has filed a motio

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