need to have society not disrupted, this was a good choice. >> meanwhile the number of new covid cases keeps climbing. the seven day average for new cases nationwide hitting levels we haven't seen since back in january when vaccinations still weren't widely available. joining me now from delaware, mike memoli, and in washington, d.c. where daily cases are ten times higher than just two weeks ago, and emergency room dr. spencer is with us. and mike, we'll start with you. the cdc's updated guidance on isolation and guarantee teams, cutting to five days from ten. and how much pressure was on the administration to adjust these guidelines and how are they messaging it now? >> reporter: yeah, i really want to highlight one word that you heard specifically from dr. fauci there in that interview with kristen welker yesterday, it was that word balance. it has been clear as the biden administration has been sort of coordinating its covid response over the last few months in particular, they have been increasingly mindful of trying to not be as disruptive as they could have been with some of these recommendations in terms of getting back to normal american life. you have seen that with everything from getting -- doing everything you can to keep students in the classroom to getting people back into the workplaces, albeit with certain requirements on masking or vaccination. and so that is why i think that it is significant that you hear dr. fauci indicating that, yes, they are looking of course at the signs, this is an administration that has always said that they are following science, but that they don't want see the kind of disruptions that might be caused when you see the case levels as significant as they are. we're approaching the sort of all-time highs for the pandemic as we see highly transmissible omicron variant. so shortening that window from ten days to five will help that, but it is important to note the caveats. you are still required to wear a mask after -- in the second half of what would have been that ten day period. it is not insignificant anymore to see some transmission. and that is why the masking is so important. but you are also seeing another part of it which the administration is really still reckoning with, which is testing. you need to get a test to know if you are positive to move forward. and that is what the administration is still confronting here, the need to get testing out as much as possible. and we'll talk a little more about that in a second. >> yeah, and let's talk to gary about what is going on in d.c. the new cases curve literally vertical, a straight line. the president admitting yesterday, just look at that, the president admitting yesterday that we do need to do more on testing. so what are d.c.'s biggest covid challenges right now, what are you seeing there? >> reporter: yeah, 1,000% curve is hard to visualize. but the impact is not. let's start with the emergency services that are really being hit hard in the district of columbia. nearly 360 members of the metropolitan police department are not at work today because they have covid-19. nearly 350 members of the fooif fire department here are not at work because they have covid-19. now, this does not mean that they won't be dispatched out to fires or police won't be dispatched out to your needs. it just means that people will be working overtime, sometimes 12 hour shifts or double shifts or people that planned on vacations aren't going to be able to take them because of the need in resources there. it is also hitting schools in the d.c. area especially hard. george washington university, georgetown university and howard university have all announced that they will be putting back their date of in-person learning into the spring. they will start virtually at the beginning of january and they will hope to go to in-person learning towards the end of january. it is also hitting the sports world across the country really hard here in d.c. especially, georgetown university college basketball team had to cancel a number of games this week simply because they can't field a team because many of their players have covid-19. and there is frustration over all of this, a lot of frustration both people here in this testing line in southeast d.c., this line stretches back as far as i can see down the street. and also frustration over the amount of testing or lack thereof that people think is available here in the city. pcr tests are increasing and the availability at locations of the pcr tests is increasing. and so is the rapid testing. but mayor bowser says that she's ordered a million rapid tests but they won't be here until january at the earliest. >> so mike, let's talk about that. any update on when in january those free at-home tests will be available? is the administration giving anymore details about how we'll roll them out, what the time line looks like? >> reporter: yeah, the short answer is no. we had that announcement from the president last week. eye-popping number, half a billion tests to be made available to americans through a website. that website still doesn't exist. we still don't have answers to sort of basic questions of how many tests per household can you request, how are they going to decide if there is more demand than supply, who gets those tests. and you also heard something interesting though in that interview with dr. fauci from kristen welker, dr. fauci saying that this 500 million is just the beginning, that they have made some arrangements with manufacturers to have additional supplies of 200 million to 500 million tests per month after january. so they do expect that supply. but there was also another interesting note from the president's meeting yesterday with some of the nation's governors. when the federal government makes a purchase like the one that they have made for those 500 millen i don't know tests, it puts strains on the supply chains. asa hutcinson said that governors are under pressure and they want to make their own purchases separate and apart from the federal government. gary is mentioning what the d.c. mayor wants to make available as well. so this new focus on testing is putting strains on just about everyone at all levels of government. >> yeah, mike, you mentioned governor hutchinson who will be on our show a little later this hour and we'll get a direct take from him about that call yesterday. first though, dr. spencer, i want to talk to you about the cdc's updated isolation and quarantine guidance here. do you think that it matches the science, what is your take? >> i'm a bit ambivalent. ten days was definitely too long. five days is going to be too short for some people who will undoubtedly remain infectious after that period. i know people still testing positive on antigen tests seven, nine, ten days out. but the cdc really needs to thread a very fine needle here. ten days is too long, five may be too short. i like the guidance in the uk of seven days and the need to have two negative rapid tests to come out of isolation. the other thing that really concerns me, and even in this segment and every other segment i've heard so far, is that there hasn't been as much stress on the you must be asymptomatic, meaning you can't have symptoms, you can't still have a fever, you can't be feeling bad, and say after five days you can go out. and there needs to be more of a focus on high quality masks, that five days after if you are going out of isolation, using a high quality mask preferably an n95 or kn95 because many people will still continue to be infectious during that period. >> can we talk about the masking situation a little bit more? so many of us over the past year or so have been wearing cloth masks when we go out, especially with the recent omicron concerns, those kn95s and n95 masks can be tough to get. but what should people be doing if they are someone who has gotten covid and they need to wear a mask for five days, what should they be wearing and what should the average person who is going out right now, maybe they are vaccinated and boosted, but what kind of mask should we be wearing? do the cloth ones just not cut it anymore? >> the cloth ones don't cut it anymore. they are better than nothing, but maybe marginally so. what i'm wearing inside, whenever i go indoor, i'm using a kn95 or n95, whether i'm treating patients or walking into my building. and i think that that is what everyone should be wearing if they can get their hands on them. a cloth mask is certainly better than nothing, but it is not good enough for omicron with its ability to spread being one of the most infectious and contagious viruses that we've ever met. >> you work in the e.r. in new york city which is having a bit of a rough go right now. cases have exploded. how are hospitals doing? >> that is a great question because a lot of people are saying that cases are exploding but case numbers are not necessarily reflective of hospitalizations and deaths. and that is true. we're seeing some decoupling here and omicron will likely not bring the same hospitalizations and deaths that we've seen in previous waves. but it is important to remember that health care workers and hospitals are already teetering from delta cases that still remain in the icu, from noncovid cases and volumes that have filled up our e.r.s and hospitals, and from the fact that just like the airline industry and the police and fire folks, health care workers are exposed every day and are getting infected and are being sidelined by covid as well. so we're having a hard time making sure that we have enough people to show up to shifts, making sure that there is enough people to provide the high quality care in addition to the increase of patients we're seeing from omicron already. >> well, dr. spencer, thank you to you and all of the health care workers, not just in new york but across the country. we know you've been working hard for a really long time and we're so thankful for you. and thanks to mike and gary, appreciate all three of you. still ahead, the latest on an overnight shooting spree in the denver, colorado area. plus, the lapd releases video of a deadly accidental police shooting of a 14-year-old girl in a store dressing room as the investigation into that shooting intensifies. ting intens i brought in ensure max protein, with thirty grams of protein. those who tried me felt more energy in just two weeks! 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>> reporter: sure, well, this was a shooting spree that went on for nearly two hours with the gunman getting chased by police, firing back at them and then disappearing twice before finally being cornered. now, we still don't know the motive or the suspect's identity, but here is what we do know right now. the first shooting happened just after sundown when a man opened fire on two women killing them and then shooting and in-injuring a man. and a couple blocks away, another man was shot and killed. and investigators were looking for the gunman, they spotted him in his car which led to a chase and then a shoot-out in which somehow the gunman was able to disable the police car and get away. and then around 6:00 p.m. in the near bye city of lakewood, police responded to a call about yet another shooting, found another person had been shot and killed and spotted the suspect's car, gave chase but again the suspect was able to get away after another shoot-out. the suspect then ran into a hyatt hotel, shot the clerk before finally being cornered by police in a third gunbattle. police say at that point the suspect was shot and killed. but investigators are unsure if the suspect killed himself or died from a shot that might have been fired but from an officer, but just to recap, four of the seven victims have died, three were hurt including a police officer. >> what a horrible night there in denver. thank you for your reporting. next, new year, new challenges for democrats looking to keep control of the house in the midterms. plus, what is in that civil war era time capsule that they are opening right now in virginia? there's so much new in the new chicken & bacon ranch, but the clock is ticking, so we gotta hurry! there's new rotisserie-style chicken, new peppercorn ranch, new hickory-smoked bacon, new- did you just spike the footlong? sorry, i didn't want the delay of game. save big. order through the app. nicorette knows, quitting smoking is freaking hard. you get advice like: save big. try hypnosis... or... quit cold turkey. kidding me?! instead, start small. with nicorette. which can lead to something big. start stopping with nicorette . 2022 now just days away. on saturday, we will officially be in a midterm year with all 435 house seats up for grabs in november. democrats are trying to hold on to the majority in the house and they have to overcome some strong historical headwinds. check this out. going back to the end of the world war ii, only president george w. bush and his republican party in 2002 avoided losing seats in their first midterm elections. on average a first term president loses 29 house seats. one unofficial barometer of democrats' confidence? the number of dems choosing to retire ahead of 2022. as of today, 23 house democrats are already not seeking re-election. joining me now, nbc news capitol hill correspondent ali vitali and martin frost, former chair of the democratic campaign committee, the group that tries to get democrats elected to congress. ali, 23 democratic retirements in the house as of today. while democrats say that they believe that they can keep control of the house, but are they showing how they really feel by heading to the exits? >> i have to say as soon as you said that we are almost in a midterm election year, i'm a little bummed had we didn't get some early election music. so maybe as we start to get into the calendar -- >> stop right there, stop right there. it will be a long 2022, don't start that now. >> i don't know, i'm a geek for the election music. but i will say you look atprosp 20 retirements at some point, others seeking other office like you saw on that graphic. it is sort of what you expect from the party in the majority, but democrats are under no illusion about the fact that they face a steep climb ahead in the 2022 midterms. not just because you look at president biden's overall approval rating, but many of them feel like they didn't necessarily do the job of messaging the work that they actually got done this year. i'm talking about things like the american rescue plan, like moving on traditional infrastructure. most americans would argue that roads, bridges and tunnels being reinforced is good politics, one of the few bipartisan things actually left in washington. but most democrats look back and wonder if they didn't get too bogged down in the high new sha of "build back better." and that is one of the things that i think as we get into the next year you will start to see democrats try to message more of what they were able to do with their majorities. but also it doesn't take that much for the house to swing right now. the majority there is so slim, republicans are really licking their lips at the opportunity not just because of how slim the majority is and how few seats they would need to win in order to tip the scales. we know they have history in their favor. but it is also a rstructuing year and in many states, you are seeing republicans shore up the number of seats that they have there, throw a few districts in to swingy territory, all of those small moves matter. and you know from listening to people like house minority leader kevin mccarthy especially given what they saw in virginia and new jersey, they are feeling really good right now about where they stand. >> so martin, you led the dccc in 1998 when democrats picked up house seats in an off year election. what advice do you have for the party right now? >> first of all, it is to continue to concentrate on redistricting. everyone who looks at this early in the year was saying that republicans will pick up a lot of seats because of redistricting because they control so many state legislatures. now that has changed. and in fact dave wasserman with the cook political report, one of the most respected political reporters, has said that the redistricting may be a wash, it may be even. and let's look at that for just a moment if you don't mind. the four largest states are california, texas, florida and new york. those four states have 144 congressional districts. and the republicans were thinking that they will pick up seats. it looks like they are not going to. in fact this may be a draw when you get through with redistricting. you look at california, that is the largest state, california has an independent commission and that commission has come up with a plan that basically preserves the democratic majority which is pretty significant in california. and may provide for two or three additional democratic seats. and then new york, this is a state that has an independent commission, but it is deadlocked, the legislature general assembly will draw up districts and democrats totally control the restricting process and projections are that they may pick up four or five states. my home state of texas, 20 years ago the republicans had a massive partisan gerrymandering in texas and limg naeted six democratic seats. everybody thought that they control the process in texas. they will do even more this time. and as it turns out, republicans adopted a really interesting strategy. they plussed up about a half dozen current republican districts. because texas is gradually becoming more democratic. not overnight, but gradually. and they only picked up two new seats, the two seats as a result of additional seats from reapportionment. and they didn't change any of the existing democratic seats. 20 years ago as i said, they had a massive republican gerrymandering. they didn't do this time for whatever reason. and then you look at florida, which is a republican state right now, and they haven't finished their redistricting, but it looks like there may be only a change of one or two seats. so you take the four largest states and republicans have not made any of the gains that people thought that they were going to make. there are some other states where republicans have picked up a few seats because of what is racial gerrymandering, georgia, north carolina, texas for those two new seats. but the courts still hear challenges for racial gerrymandering. gerrymandering. and then democrats have played a ferry weak hand very well. they picked up seats in oregon, they picked up seats in illinois, and so i don't believe that the republicans are going to get an advantage out of redistricting which is exactly the opposite of what people thought when this process began. now let's look at history because you mentioned that with your slide. in the last 100 years, there have been three times when the president's party has picked up seats in the off year election, the midterms. one was 1934, that was when fdr was president. they picked up a bunch of seats in the next congressional election. and then in 1998 when i was chairman of the democratic congressional campaign committee, we picked up five seats when we were expected to lose seats. and then in 2002 when tom davis was chair of the republican committee, they picked up seats. so history is on the other side, but there have been instances when the president's party has picked up seats. you also of course have to look at what is the political environment and you talked about that in your earlier segment. if biden's approval rating improve, if they start doing better that will help. if they don't that is a problem for democrats. andments clearly are a problem. in 1996, we lost ten democratic open seats. if we had carried those open seats, we would have gone back in the majority. so i would urge that the party concentrate on the open seats, the ones that you put up on the board. there are a number of these that are difficult seats, they are currently held by democrats, that is what they ought to do first. if they can hold their open seats and if they can get a draw in redistricting which is looks like they may well get, then they are in the ball game and it depends on -- >> martin, so sorry to have to cut you, but we're going to have to leave it there. we'll have to wrap. thank you so much for your thorough analysis. ali, thank you for being with us as well. still ahead, the states are sounding off on what they need from washington to fight the pandemic. we will talk to governor asa hutchinson after the break. ♪♪ still fresh ♪♪ fressshhhhhh in wash-scent booster ♪♪ downy unstopables earn about covid-19, the more questions we have. the biggest question now, what's next? what will covid bring in six months, a year? if you're feeling anxious about the future, you're not alone. calhope offers free covid-19 emotional support. call 833-317-4673, or live chat at calhope.org today. there is no federal solution. this gets solved at a state level. my message to the governor is simple. if you need something, say something. and we're going to have your back in any way we can. >> that was president biden speaking at his covid response meeting with the nation's governors yesterday. hours later the president officially ordered fema to assist with covid testing nationwide. but that is not the only thing the federal government is doing. the military also deploying up to 1,000 medical personnel to help states fight omicron. in a moment i'll speak to the chair of national governors association who was in that meeting with the president yesterday. but firs, shaq brewster is joining us from a hospital where military personnel are on site. i understand that 20 person team from the navy was dispatched there over the holiday weekend. how are they helping and what else do indiana hospitals need right now? >> reporter: these are medical professionals that are essentially embedding with the doctors here at this hospital. we're talking about doctors, nurses, respiratory therapists all going in, helping them in the surge right now. and i want you to listen to what a doctor is telling me about what they are experiencing inside the hospital. listen here. >> we're up -- pure patient numbers, we're up over 120%, 130% across our hospitals. so the pure patient number burden is higher than ever. in addition to that, we have about 400 team members quarantined or either have covid or quarantined from exposures across the community. so them coming in and being able to partner, take care of that many more patients is a big boost. >> reporter: these military members are on a 30 day deployment here and it is not just indiana. later this week, a hospital in wisconsin will be getting a surge team. you heard president biden talk about this being a state-run effort, but this is the federal support that he has been referring to. this is happening in at least 15 states across this country, at least it has happened in 15 states since the month of august. >> shaq brewster, thank you so very much. joining me now, arkansas governor asa hutchinson, chair of the national governors association, and a key player in yesterday's meeting with the president. governor, thank you for being here. yesterday you said that the federal government was helping states secure more monoclonal antibodies. let's talk about the challenges still ahead and whether the administration is doing enough to address the challenges particularly in your state. >> well, the public needs to understand that during this difficult time, the governors and the administration, we have to work closely together and that was the most significant thing about the meeting with the president yesterday with the governors, with the administration, that we're all focusing on solutions. what the governors need are flexibility as the president indicated many of the solutions have to be state oriented. secondly, we need the support from the federal government in terms of the supply chain. whenever we have a shortage of monoclonal antibodies or other therapeutics, it is the federal government that helps us to get that supply. testing is in scarce supply right now. we need their help to make sure that there is adequate supply, not just for the federal solutions and the president's goal of 500 million rapid tests that are available, but we have those available in our supply chain at the state level so we can put them in libraries and make them available more readily to our citizens. and then, you know, it is the consistent message that is important. i applaud the president, while we disagree on some strategy issues, i do appreciate him depoliticizing this effort. we're all in this together and it doesn't make any difference of your partisan stripe. let's get the vaccinations out and there is a greater cohesiveness about the importance of vaccinations now than ever before. >> and i want to ask about the cdc's new guidance on quarantine and isolation times. did you get a head's up about that and how will it impact your state, what is your health department's take on it, what does it mean for arkansas? >> well, first of all, it is great news. and we raised that issue i believe it was another governor that specifically raised the issue of needing to shorten the quarantine time particularly we did it for our hospital workers, it needs to be more broadly for the workers. it was later that day that cdc issued the guidelines, the revised guide plan lines. and so they were responsive. hopefully that accelerated as a result of that conversation. but it is -- we'll be making an announcement later as to how we're going to address that in arkansas. we accept the cdc recommendations because the greatest time of spread of the coronavirus, the risk is in the first five days. but we also have to minimize the time of students being out of the classroom, the time of our workers not be able to participate in providing for their family or moving their economy forward. and what the president has signalled and which we've advocated for is that we know the solutions, vaccinations, testing. we've got to concentrate on managing our way through it. it is not a time for shutdowns, it is not a time for repressive measures. let's work our way through it and all survive together to keep our economy going at the same time addressing the urgent need of our workforce and our increased vaccinations. >> and i want to ask you about vaccinations. roughly 30% of arkansas' fully vaccinated adults have gotten a booster shot. experts say that is especially important that older folks, those at high risk, get boosted. what are you doing to get those numbers up? >> i agree that it is critical that we not only get the early shots but the booster is important particularly for the elderly population most at risk. and those numbers are going up consistently in arkansas. we have to accelerate that. and today in arkansas, we have a large number of new cases, we've got an increase in hospitalizations, and as the public sees this, they become increasingly aware and we educate them on the importance of the booster, but also trying to increase those that start the vaccination sequence. we have over 50% of our population that has been vaccinated, but we have to increase the boosters and we got to raise that level of total vaccination. we understand the importance of it and people are responding to it. mandates don't work in a state like arkansas at this time. but the education does work. and people are very aware of the risk that is out there. we continue to focus on that message. and depoliticize it so we're all on the same page trying to increase those rates and the health care of arkansas. >> governor, thank you so much for being with us today. we really appreciate your time. i know governors all across the country are so busy trying to keep their states safe. thank you. >> thank you, good to be with you today. >> and tonight, dr. fauci is joining chris hayes live to talk about omicron and the cdc's updated isolation guidelines. wall all in tonight at 8 ong . and up next, the lapd releasing body cam video from the fatal accidental police shooting of a 14-year-old girl. we're expecting a news conference from her family and their attorney any moment now. you are watching msnbc reports. i'm jonathan lawson here to tell you about life insurance through the colonial penn program. if you're age 50 to 85, and looking to buy life insurance on a fixed budget, remember the three ps. what are the three ps? 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[woof] i'm telling y'all there's no place like wayfair to make your home totally you. ooh! i want that. welcome back. any moment now, we're expecting civil rights attorney ben crunch live at a press conference. you are looking at it there, on the death of valentina orellana-peralta, the 14-year-old girl who was killed when police opened fire on an assault suspect in an l.a. area burlington store just two days before christmas. police say that they were responding to reports of a possible active shooter in that store. crump is representing her family. the l.a. police released body camera footage showing the moments leading up to the shooting. melissa thompson filed this report. >> reporter: the death of a 14-year-old girl shot and killed by the los angeles police has been ruled a homicide. >> to the right, fitting room. >> reporter: video shows the moments just before they accidently shot the teen. the lapd edited and released the body camera footage, surveillance and 911 calls just days after the deadly shooting at a burlington store in north hollywood. police say that they were responding to an assault with a deadly weapon and possible shooting. the victim identified as valentina orellana-peralta was reportedly trying on dresses at the same time police say that they were shooting at the suspect in the earlier assault as he stood in front of a wall. investigators say the 14-year-old and her mother were behind that wall unbeknownst to officers. >> we were able to locate a 14-year-old female who was found deceased in that dressing room. >> reporter: the teen was killed by a gunshot wound to the chest according to the medical examiner. >> preliminarily we believe that round was an officer's round. >> reporter: the suspect in the alleged assault that prompted the shooting, daniel lopez, was also killed. lapd chief michael moore saying in a statement that he is profoundly sorry and, quote, this chaotic incident resulting in the death of an innocent child is tragic and devastating for everyone involved. the apology comes as the department faces scrutiny for firing multiple rounds in a crowded store. law enforcement experts say that it is too early to know exactly what went wrong. what is the protocol when police are pursuing a suspect who may be armed in a crowded place like a store? >> you being the law enforcement official have a responsibility to be sure that you keep everyone safe. you want to be able to place your shot in the right place. but unfortunately, that may not always happen. and that is what makes this very sad and tragic. >> reporter: the deadly incident is currently under investigation by both the los angeles police and the california department of justice. >> police of priscilla thompson and also director from the department of police account act is joining us. so what happens now, are we expecting to see any charges come out of this? >> well, a determination of homicide by the medical examiner doesn't mean that someone is going to jail. these investigations are still ongoing. once they are complete, those findings are going to be turned over to a special prosecutor for final review. >> paul, as a police accountability expert, what is your take here, how responsible do you think the lapd is for valintina's death? >> we know that they have responsible. there are a number of issues, starting off with what the protocol is for folks and what we want law enforcement doing to show up to situations like this. they were coming because someone -- or they presumed that there was an active shooter, and there was no active shooter. but we really have to unpack and examine what our protocols are and how we want, and if we want, law enforcement showing up for issues such as mental health illness, substance abuse, homelessness. and in this situation, clearly someone was violent and acting out. but we have to examine before we give a pass or a condemnation all of the protocols for deescalation that should have been adopted and in place at the time. all of the protocols for who showed up, who was armed, who was shooting, and there should be a very thorough after action analysis where that information is turned over before we start looking at and trying to define what accountability should be. because the accountability runs on three separate tracks. there is the accountability for the civil lawsuits, there is the accountability for possible criminal charges, and then the third track of accountability is the internal policy reaction from either the chief and/or elected officials or oversight agencies that develop reform policies and institutionalize them with training. and all of that needs to happen in a case like this. and that is what is going on behind the scenes. so what i'm looking for is the after action report that gets sent both to the department of justice, internally from the department, and to the public itself. >> paul, as you are talking, we're looking at asplit screen, you can see ben crump the family attorney speaking. you mentioned the california department of justice, they are investigating. if this had happened in san francisco, what would you as the executive director of the san francisco department of police accountability, what would you be doing right now if this happened in your city? >> that is a fantastic question because some of the best practices are that when there is a shooting like this, that an end civilian oversight agency is on the scene. so my agency would be on the scene within 20 minutes conducting its own investigation as to what happened to provide analysis internally for my agency about what actions to take regarding discipline and accountability. and so i presume that the agency in los angeles is going to have a similar type of operation, although that is not common. there is still more than two-thirds of law enforcement agencies that don't have civilian oversight, that don't have independent investigations, and don't have all of the protocol examinations that we have here in california or here in san francisco. a lot of that is being replicated now. but that is what needs to happen were to ensure that the public feels like the investigation is safe, that the investigation is independent, and the investigation is credible as to what happened and what the response will be from trained investigators and trained prosecutors who are able to dive into determine whether or not the actual protocols were followed. whether or not the training was appropriate. whether or not this was a tragedy that was either an accident or a mistake. and that is very important and we've been having a lot of conversations about that recently in the news, a lot of it has been exacerbated by the body born cameras and videos like we've been showing all morning. but you really have to analyze the protocols from each individual department, tie it as a case specific analysis make i analysis as to what happened in each incident and then make a determination. that's what i'm looking for in the next few days as this case continues to be the news, and we're starting to see some of the actions and the statements coming forth for the civil lawsuit, and i think that's what attorney crump was talking about. there is likely to be a civil lawsuit, but i don't want to ignore the other important route and the other ability when we're talking about any law enforcement action, especially those that end in tragedies like this, again, with a community of color where we all know a community of color has a race-disparate outcome. that's why we're having this conversation that matters. >> absolutely. thank you both for being with us. next, a time capsule from a fraught era of american history just revealed. check that out. you're watching msnbc reports. u. . at new chapter. its innovation organic ingredients and fermentation."msnbc . fermentation?"msnbc res yes, formulated to help your body really truly absorb the natural goodness. new 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we've got a story of real buried treasure for you today. check this out. minutes ago a team at a conservation lab in virginia opens up a time capsule found yesterday where a statue of robert e. lee once stood in west virginia. they're still sorting through the copper box believed to have been placed back in 1887. inside it so far, confederate memorabilia and a worn and badly damaged photo of abraham lincoln in his coffin. apparently it was from a "harper's bizarre" article. confederate buttons, a silver coin from 1883. it looks like that's in the shape of a flag there. also a bible. despite the water damage, some of these items are actually in pretty decent condition. the researchers saying that this box is extremely packed. as you can see there, the team in richmond working very carefully to keep everything preserved as they remove each object. so cool. right now an nbc news exclusive. you probably know right now that you can't always believe what you read on the internet, but you really have to question what you see there as well. so called deep fix are looking more and more real and posing questions of the consequences of the technology. here's nbc's jacob soboroff. >> reporter: hey, allison, you've probably seen those tiktok videos that look a whole lot like tom cruise showing us the days in his life trying on clothes, eating dinner. they're captivating. this man told us about what he created and how if it ends up in the wrong hands could have consequences. >> all along, tom cruise has been posting pictures appearing to show the different side of the oscar-nominated actor. >> people are surprised i'm a dave matthews guy. >> reporter: believe it or not, that is most likely not tom krooulz. neither is this in our l.a. bureau. >> this is serious breaking news. i'm with one of the most legitimate correspondents on earth. if you're interviewing me, jacob -- hold on a minute, there's a big fire. we're safe! >> reporter: you are the fake tom cruise. >> that's me. that's me. >> miles fisher may have an uncanny resemblance to the superstar, but using technology, what he's created is far more extraordinary than an impersonation. >> have you guys completed the best deep fake that has ever been made? >> i think we've created the first deep fake that's so realistic that a large majority of people have seen. >> reporter: not only seen but fooled by, including at least one of the world's biggest celebrities. >> this is the one that justin bieber thought was real. ♪♪ >> reporter: fisher said looking and sounding like the leading man made it difficult to chart his own path as an actor. we decided to lead into it, stumbling into a role with repercussions far beyond hollywood. >> as i find myself the unofficial face of this deep think movement, it's important to learn. i'm fascinated by this. this is the bleeding edge of technology. >> reporter: it started when fisher contacted wizard chris ume. they created viral visions for fun and they're only getting better. >> five days, maximum six days, i could turn around something like this. >> reporter: so you've gone from weeks to days in a matter of a year. this technology is advancing that rapidly. >> yeah. >> reporter: for his part, the real tom cruise hasn't minimized the tiktok account. cruise didn't answer a request for comment from nbc news. looking to convince others is worth paying for this technology. >> reporter: how can we use this technology by creating kind of identity rights? let's say tom cruise gave us the consent for this likeness where we could move beyond just small parody clips. everybody gets paid for that intellectual property. >> reporter: that does raise ethical questions about where do you fit in all this? >> the thesis of this company that chris started begins with ethics. >> reporter: they say they'll only take on projects they consider ethical. but some companies making that decision could be a dangerous precedent. congress has held hearings on deep fake technology and they're saying, we will continue to investigate any violations of federal law and actors who use them for nefarious acts. >> as it develops, the positive output will so far outweigh negative nefarious uses. >> wait until you see them. >> ume, fisher's partner, says it's fisher's talent combined with the ai that makes this possible. the technology is quickly catching up. they're both aware they're in uncharted territory and at least one government has reached out to ume to learn more about the technology. back to you. >> so cool. that does it for me this hour. thank you for being with us. you can catch me weekday afternoons from 3:00 to 5:00 on "msnbc news now" and this continues with lindsey reiser right now. >> reporter: good afternoon, sh. i'm lindsey reiser and we'll be updating the guidelines for people who test positive for covid. the cdc says people who test positive but have no symptoms isolate for five days inn stead -- instead of ten and then wear a mask foriv