pass federal legislation to protect the vote are too large and too par reaching. joining us, ruben guy yag owes. do you support the send sewer of senator kyrsten sinema? >> i don't think you can dismiss the volunteers, big portions of arizonans who are concerned about their voting rights. i think it is a little too quick and perhaps too like sinema for her not the understand the severity of what's going on. i hope she would take time to listen to these everyday citizens. tees are people that walk, do our door knocking, old men and women that walk during summers. you can't dismiss that. take this time, go back to arizona actually meet with her constituents. it's not just democrats, independents, but people from all walks of life, arizonans are worried about the future of arizona. >> would you have voted to send sewer here? >> these aren't political people. these are everyday arizonans that did this. personally, the way i think about this every day is this is a call from arizonans asking for her to pay attention, asking her to recognize the danger this will country is in, and that she is not being responsive to them. it's not just based on her opposition to the civil rights or her support for the filibuster but also the fact she just has not been involved in arizona for quite a while and again is being dismissive of arizonans. >> thanks for the clarification there. there are rumors of a running challenge to sinema. you are listed money those two run against her? >> i am focusing on 2022. i am going the make that decision in 2023. but that decision will be made by the voters of arizona about what they feel the direction of arizona is going and if sinema actually represents them anymore. my suspicion is they don't feel that way. we hardly see her in arizona. we hardly see her in any event that's not scripted. i think that's going to have ramifications. time will tell. at the end of the day my job is to protect the everyday arizonans, everyday voter. i have to run against sinema, i will do that, but i will make that decision in 2023. >> how would you label arizonans? >> we are generally hospital optimistic people. it helps that we have sunshine 340 days out of the year. look, our economy is booming right now. we are very excited about getting out of, you know, getting out of coronavirus, you know, the latest omicron wave. we do feel that the future is looking bright. our economy again is going strong. but we are also very worried about the country, the direction that it's going. this is why a lot of people are unhappy with the senator because she doesn't see the same thing that many of us are seeing. being the son of immigrants i can tell you will that i am worried about democracy. i am worried about another potential january 6th situation and the fact that we have a senator who doesn't see the same existential threat really i think worries me, worries a lot of voters. it's not just democrats. she's also not doing very well with independents. >> let's talk about that. she pointed to her independents in her statement today. do you think it is her strategy to win favor among independents and moderates? you don't think it is working? >> it is not working. this is not being responsive to the need of arizonans. if she would talk to them she would understand that a lot of us look at january 6th and the dangers that it brought up, that people aren't feeling this is just another vote that you can just cast away. and they certainly don't feel like the filibuster is a good excuse to stop the voting rights act especially after you have claimed to support it for many years. this is again a dangerous situation. we know in arizona for example, all the laws that the republicans are trying to pass right now to disenfranchise voters. the fact she's not recognizing that danger i think really is angering the voters of arizona, including independents who right now the last poll had her only at 26% favorable. that's a glaring message coming towards her. we hope she actually listens and fears it. >> pivoting to the january 6th investigation. the committee released an explosive document a draft executive order from the former president that directed the military to seize voting machines following his 2020 election loss. i mean you are a former marine. you served this country for six years. you also played a crucial role in keeping people calm and safe during the insurrection. what is your reaction to this draft and what it asks the military to do? >> number one if there was anyone in the military involved in the drafting of this or tied to be implementing this we need to call them back into the military because i am assuming they are retired. we need to recall them and court martial them. do an investigation and then they have to suffer the consequences of this. i am particularly looking at someone like general flynn. the fact that he did try -- we know for a fact that he called for this to occur. we need to recall him, we need to strip him of his title. we need to take away his pension and his benefits. and anybody else that did this in the military as well. we will not stand -- we will not stand for the military trying to take away this democracy. i have sacrificed too much for this country in order to see it go down that way. and there should be a very clear warning to any military personnel that thinks they can get involved in this, that there will be severe consequences. you will not overthrow your government. and if you try, there will be consequences that you will feel for quite a while. >> what is your confidence level that if enough evidence is uncovered to suggest potentially guilt beyond reasonable doubt that attorney general merrick garland will prosecute trump? >> i worry, to be honest. i feel good signs, the fact he has filed sedition charges against ten to 15 members of the oath keepers. i think there are other areas he has been missing on. he hope he moves strong against him. i think there is sufficient evidence to move against people like rudy giuliani, and general flynn is another good example. i hope the fact that we are not hearing anything doesn't mean that nothing is occurring. but i am urging people like merrick garland to understand this is a serious attempt. there was a serious attempt at coup on january 6th. do not treat this as normal. none of us can. nobody -- no voters, nobody in the press, and somebody nobody in power right now to protect democracy should be looking at january 6th and just saying it's an aberration. it was not. it was test run. >> strong words there. democratic congressman ruben gallego of arizona. thank you for your time. >> thank you. >> i want to bring in my panel, susan del percio. and emily tisch sussman. emily, i want to start with you here, and your reaction to the censure here. nbc sources say it passed unanimously even though it is pretty wear. do you think sinema should be worried right now? >> she definitely thinks she has a political strategy, which is clearly playing to independent in the state. arizona does have -- >> sorry, i am laughing at the visitor behind you. >> oh. >> sorry. keep going. >> you know, we are lucky it's not a kid. although one might come in. >> to work from home. >> there it is. arizona definitely had its own dynamic. but do i think she should be worried. i think she has not been acknowledging through the entire time she has been in the senate how much it has been so many people in this state as congressman gallego was referencing, who helped knock on doors, funds raise, helped speak to their neighbors. there was definitely a democratic wave that hit arizona that she was a part of. but it is not everything. she has to personally appeal. and not standing up particularly for the right to vote, for civil rights, that's going to sting in her state. >> susan we have seen these kensures before. liz kahne chaney was censures after she voted to impeach donald trump. what's your take on this tactic? >> i think it is a tactic being overused on the republican side. and i hope it doesn't start happening on the democratic side. i understand it. i am not going to get into the democratic party operation in arizona but here's part of the issue. do they want her to become a republican right now and sit with republicans and vote with the republicans? maybe she's close to being it. if her future with the democrats is so -- is written off, why won't she potentially start to think about that, or at least climb to be a in. the other thing is the democratics can primary here and replace her with someone to the left. can someone to the left win in 2024. which is the same argument i make now in 2022 when i look at the republicans putting up the crazy trump people in swing or moderate seats. i don't think that's a good idea either. i am only looking at this through a political lens. i actually disagree with kyrsten sinema. i don't understand why she put value on the filibuster, especially when it was lifted in order to handle the debt ceiling. i don't know why she would do this. it puts her in the favor of no one. but she's got to get back into her state and start not looking like she's afrads of her voters. she's got to get in there, speak to her constituents and hear what they are saying on the ground. >> that leaked explosive document from the january 6th committee, that draft executive order from the former president, that directed the military -- would have directed the military to seize voting machines following his 2020 election loss, emily, what does this suggest to you about still how much there is to unwufr about the efforts to overturn the election? >> look, with every piece of it i think we have all been surprised. i certainly have. i didn't think they would actually go this far. to see an executive order that he was actually trying to use the military. my first thought was all the former generals and senior leaders who came out right after the insurrection and said, look, you have got to give up on this -- you know, i think of the importance of that, i think about that. i think it also really underscores the fact we are living in it right now. the insurrection was a little more than a year ago. the election was a little more than a year ago. he may run again. even more importantly, the republican party that trump has shaped is running. there was a moment there when it felt like oh, they were going to step away from him. he had gone a step too far. but we are seeing actually quite the opposite, that he has an incredibly stronghold on party right now. they are russianing in primaries. they may actually win some of these seats. and those members of congress that voted to impeach him are retiring one by one. democrats can't get complacent here. i think this is an important point. democrats can't say oh, my good this is too much. we cannot run parties as usual. it has to run on something is to susan, we just heard congressman gallegos say the attempts to overturn the election were just a trial run. donald trump is still considered the 2024 republican front-runner. what does that suggest about the republican party right now? >> that they have sold their soul to donald trump in getting elected. there is no platform that the former president runs on. he runs on being able to parole primaries, and scaring people, and pay back. and that's all that this is about. people are afraid of not having their jobs. they are -- i can't name one policy that donald trump is loyal to or committed to. so when they have to look in the mirror and they have to get up in the morning, i don't know how they do it, because looking at what happened on january 6th shows a man who will be -- do anything, be desperate. that document leak about the executive order -- i don't know if he asked for it. we don't know if people thought they could get to it. the only redeeming thing is that it appears to have gone nowhere. we will find out more of why he decided -- or if even the former president did see that document. but it should worry everybody. and i can't explain what's going on with republicans right now except for the fact that they only want to try and get elected. >> to your point, that there is a lack of policy discussion there at his rally in arizona last weekend, donald trump didn't outline any policies. instead it was entirely focused based on our reporters on the ground, on the big lie. thank you to you both. still to come as the world watch force the next move by vladimir putin in ukraine, our next guest agree has the situation is dire, but maybe not surprising. the atlantic's ann apple balm talks to us about why the alarm bells are ringing louder in washington this time. and would donald trump throw his own children under the bus to save himself? 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>> so, yes, it does appear that the u.s. has information about russians' preparations for an attack, an attack on a scale that's beyond what we have seen before. and you are right that why now is the important question. because there is no cause, there is no real reason why it should be know. ukraine has not provoked russia. nato has not provoked russia. nothing is happening along the border that's unusual. but it may be the case that putin has concluded that geopolitically and politically, this is a moment when it would be useful for him to step up his military activity in ukraine, and each to invade. for him, ukraine is a problem just by existing. it's a country that aspires to democracy. it's trying to be press porous. i want to be integrated with the west. if it succeeds, it will be a huge challenge for putin's russia, which is an you acratic kleptocratic state, very closed. more and more closed all the time. in fact. ukraine is related to russia by culture and by history. and the idea that the ukrainians could strike out on their own is simply unacceptable to putin and he may conclude that it is now or never. he sees the west right now as divided, the u.s. as distracted, particularly following afghanistan. and it might just be this is the moment when he res to re-establish some version the soviet empire and reincorporate this piece of territory whose sovereignty he just can't tolerate. there is no other reason for it. there is no excuse. he might try to manufacture one. but it's more a calculation to do with timing than anything else. >> you have his buildup of troops. you have a tweet from the russian state-owned news agency saying russia will destroy ukraine within ten minutes. and then just this minute the russian defense ministry released video of fighting jets loading up and taking off. why does russia keep saying it won't invade? >> i mean, you know, what they say and what they do are often very different. of course it is much more important what they do. i mean, there is a school of thought, and it is quite prevalent in ukraine and even among some outside of the power circles in moscow, who do think this is all kinds of a bluff that, in fact, putin wants to play on world stage. he wants to pressure the u.s. to give him more attention. he wants negotiations. he wants maybe to pressure the ukrainians to change some things about the way they govern the eastern part of the country. so maybe -- you know, maybe it's just an enormous game. i mean it is a very expensive one. he spent a lot of money moving troops and equipment to the border. as i say, there is no provocation, but it's possible they will engineer one. but they seem to be playing two games at once. they seem to be both, you know, allowing for the possibility that they will step back, and creating the basis for an invasion at the same time. >> all right, ann apple balm, thank you for joining us. >> thank you. the new mayor of new york city has just spoken out about gun violence in his city. an n.y.p.d. officer is dead, and another in critical condition after a suspect opened fire during a domestic dispute last night. this incident is part of a troubling rise in gun violence tlort new york city this month. just a short time ago mayor eric adams marched through the streets of harlem in an effort to bring attention to the recent rise in violence in the city, including an 11 month old baby who is in critical condition after being shot in the face by a spray bullet earlier this week. >> we are on our way to the 32nd precinct, the 3-2, to just show solidarity with those officers. you know, the trauma of violence and gun violence. there was an 11 month old baby, and two officers performing their duty. >> the officer who died in last night's shooting has been identify as jason rivera. he was just 22 years old. still ahead, new court filings from the new york attorney general could create additional legal woes for trump and his three oldest children. plus today mark what is may be the last anniversary of roe v wade. what abortion rights groups are doing to try to protect a women's right to choose. o prote women's right to choose. hypoallergenic and safe for sensitive skin. real cowboys get customized car insurance with liberty mutual, so we only pay for what we need. -hey tex, -wooo. can someone else get a turn? 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what she is going to argue is ewas stating facts that were wrong. >> there is also this alleged brand premium of having the trump name on them. what would be the legalities associated with something like that? >> you are right. that's something where she is going to have a hard time making that into a claim of fraud either in a civil or criminal case. trump is saying my property, my golf course is worth more because it has my name on it. there was a time, not now, but there was a time when having the trump name on properties did mean it commanded more and you could expect more revenue or higher dues or things like that. for her to say that's cot garrickcally wrong, you can't just add a number on there because it is your brand value is going to be a harder case to make. especially when in some of these times when he was saying to lenders i am adding such and such million dollars of value because of my name. >> not only does leticia james have to prove an intent to deceive but also that the banks that loaned trump money were actually fooled. what are the biggest caveat here that your sources are telling you as we move forward and prosecutors eye these charges? >> you have identified the right question, which is, you know, under the new york law they are going to have to show two things. one, that trump intended to deceive when he made a false statement and also he perceived a benefit. would deutsche bank not loaned him money if they knew how much his properties were really worth. when you are talking about property tax officials and lendsers, both of them have built in processes to evaluate the claims. people give them claims all the time and they don't accept them without question. they evaluate. i think trump is going to say who is the victim here. they evaluated my statements and made up their own mind about it. on their own evaluation, not on what i gave them. that's what we are talking about n the beginning, did trump make false statements that deutsche bank wouldn't have been able to uncover, wouldn't have known there was something there. that's why where she would have a better case. >> david farenthold great to talk to you, breaking down a complicated story, we appreciate your help. joining me now to talk about the role trump's children play in all of this is david cay johnston, author of "the big cheat". leticia james calling out ivanka and don jr. in her statement saying both have been closely involved in the transactions in question. based on your reporting over the years, how involved are the trump children in the company, especially when it comes to making these kinds of decisions and knowing exactly what's going on? >> well, very deeply involved. at the ends of the day, donald controls everything. when he created his eyes wide open bland trust for his assets, he put don jr. and eric, his second son in as trustees. they were the ones who made decisions or at least executed whatever decisions their father gave them. and ivanka trump is the person who is involved in not only the loans at deutsche bank, but things like the scheme to cheat investors in baja california where she met personally with would-be buyers of a condo project that was never built and said to them, i am going to buy unit number, blah, and perhaps i will come buy to borrow a cup of sugar one day in order to get them to put money into the chemo. >> who do you think the children will protect when their feet are held to the fire? themselves or their father? >> i think it is going to be a tremendous test of the family. the important element to remember is at the end of the day, to donald trump, loyalty is a one-way street. he will throw anyone under the bus if it will save him or if he thinks it will. he will have the most difficulty with ivanka. as to how the children will treat this, you know, we'll see. don jr. and eric are highly dependent on father for their income and their lifestyle. nobody in the business world is going to pay them the way daddy does. ivanka is in a different situation with what appears to be a very good marriage to an incredibly wealthy husband. so her handling of this may be different. but don't expect them to cooperate. expect them to fight the civil subpoenas and any other subpoenas they get in connection with their father's wrongdoing. >> that said, if there is a lack of cooperation that you are foreseeing, what's the next step here? we know that the wheels of justice turn slowly, but how much longer do you think this will be dragged out? >> well, the new york state attorney general's civil case -- not criminal. all you need is a preponderance of the evidence here. that case may well take some good long period of time. but the evidence in the filing made this week is quite clear about calculated, intentional deception and fraud. we haven't seen an indictment from the manhattan grand jury because they got 5 million pages of documents when they were expecting 1 million. and they have to go through every single bit of those documents before they can act. >> you have followed the trump organization and the money coming in and going out for some time. how hard will it be for leticia james to unravel the worth of each property? and as david farenthold pointed out, whether lenders relied on those statements to determine the value of those properties. >> i think her accounting aides have already done quite a good job. and what matters here is -- look, the house i am sitting in, i had a dispute with my local assessor over its value, over $30,000. we split the difference. when you say that your golf course is worth $1.3 million to the tax authorities and then claim under oath it's over $100 million. that's not a dispute. that's fraud. there is no reconciling of those numbers. and when, as done did repeatedly, an outside expert you claim you relied on doesn't exist, or that expert, when found by the amount of g. says i never said that, i never said anything like that, now you are in the realm of deception and fraud. in new york state, falsifying business records is a serious crime. >> david cay johnston, thank for shedding light on this, appreciate your time. still to come, the west coast -- has it already seen its peak in omicron cases? 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[echoing] get a quote today. ♪ we are farmers. bum-pa-dum, bum-bum-bum-bum ♪ more than 30 trz in parts of the northeast. so when will the west coast see its peek? well, it may have already happened in some parts of california according to data collected from wastewater samples. despite showing this potential peek state forecasts show hospitalizations aren't likely to peek until the end of the month. scott cohen joins us from outside a wastewater treatment facility in san jose participating in this study. what are officials learning from sewage? >> well, it's interesting lindsey. this, particularly at a time when we know that testing is a challenge. the tests as we have come to know about them, the rapid tests, and the pcr tests. they have found that wastewater is a very accurate way to track where the virus is going. they know this from this project looking at 12 cities in california including san jose, and this plant which serves about eight cities and 1.5 million residents, giving them a decent realtime look at where the virus is going. they were able to forecast the omicron surge. as they look at the data now they say they are seeing some encouraging signs. >> in the last week or so, we have been very pleased to see a downturn in the levels in the wastewater. and we saw that downturn beginning a little over a week ago. and at this point, we are beginning to see that also reflected in the clinic kgcal cases in these wrars. it is great confirmation to see that the early indicator we saw in the waeft waste of a downturn in the outbreak is being reflect in the clinical case data that's being filled in for that time period. >> reporter: we can show you the graph from san jose. you can definitely see that the level of virus in the sewage is definitely going down that does not yet mean, though, that the number of cases are going down. they are leveling off in california and in many places around the country now. and officials are stressing that the fact that we are starting to see this early indicator in the wastewater turn around, that doesn't mean that the surge is over yet. hospitalizations are a lagging indicator. and while we may have seen the surge peak there are still plenty of cases as the surge goes back down. >> nbc's scott cohen, thanks so much. up next a care phiing moment for a local reporter caught on camera. >> oh, my god. i just got hit by a car, but i'm okay. >> incredible. her rebound is part of our high five and head scratcher of the week. next. and the supreme court deals another setback for abortion rights as roe v wade turns 49. stay with us. stay with us to relieve occasional nerve aches, weakness and discomfort. try nervivenerve relief. do i need to pretreat my laundry? nope! with tide pods, you don't need to worry. the pre-treaters are built in. tide pods dissolve even when the water is freezing. nice! if it's got to be clean, it's got to be tide. welcome back. the supreme court has dealt another blow to the fight for abortion rights after the court once again declined to speed up the ongoing court case over the texas law that bans most abortions in the state. despite dissents from the three liberal justices, the majority of the court rejected a request from abortion providers in the state to order the texas abortion case back to the original trial judge for further proceedings. as part of her blistering dissent justice society myer said quote this case is a disaster for the rule of law and a grave diss service to women in texas who have a right to control their own bodies. i will not stand by silently as the state continues to nullify this constitutional guarantee. the setback comes on what could be the last anniversary of roe v wade. today marks 49 years since the landmark ruling that guarantees abortion rights. joining us the director of we testify an organization dedicated to the leadership and representation of people who have abortions. what are your concerns now that this texas case has been rejected twice by the court? how does that affect your faith in the court right now when it comes to upholding abortion protections? >> thank you so much for having me. a very sad day. it's a day that we've been fearing that has been coming for decades, right, that this might be the last roe anniversary. and that is because the supreme court justices are doing exactly what they were put on the court to do, and that is to overturn roe v. wade and to make abortion criminalized across the united states. it's actually terrifying, but that always means we need to hunker down as a nation. most americans believe abortion should be legal and accessible, and we need to speak out and make sure that abortion is available to everyone, right? as justice sotomayor said, this is a disaster for the rule of law, and not only is it disaster for abortion access across the country, but it's actually going to impact all of the rights that we hold dear across this nation because the supreme court is saying that states do not have to follow supreme court precedent, that they do not have to listen to the federal government, and that they do not have to offer constitutionally protected health care, abortions to their residents. >> to that point, they found two dozen states are certain or likely to ban abortions if roe is overturned, and at least seven states are currently considering copycat bills of texas' ban. what is your organization doing to prepare? >> we work with people who have had abortions and, to be quite honest, are continuing to have abortions. we're working with abortion funds, which are local organizations across the country that are raising money to help people pay for their abortions. folks are also making sure people can get to their abortions. i am proud to be an abortion fund volunteer where i drive people to their appointments, pick them up from the airport when they're coming to washington, d.c., for an abortion. we're trying to make sure abortion clinics stay open, that independent clinics stay in our communities. and then of course we are actually putting pills in people's hands. self-managed abortion with pills, which is really simple, just one pill and four other pills is really safe. what's unsafe and what's scary is the way in which police and prosecutors are criminalizing it. so we actually have all of the tools that we need to make sure people continue to get safe abortions across this country. what we need to focus on is making sure that black and brown people, queer and trans folks are not criminalized for seeking health care in supposedly a nation with the best health care around the world. >> do you think this could potentially energize voters to keep abortion protections at the ballot box instead of through the courts? >> i hope so, but honestly we cannot wait until election day. we need everyone to step up and do something now. this is impacting us now. people cannot get abortions now. we need you to show up way before the election. get involved today. >> renee bracy sherman, thank you for joining us today. >> thank you for having me. switching gears here. our head scratcher of the week. a controversial congresswoman at the center of controversy again. lauren boebert of colorado left a group of jewish visitors at the capitol bewildered this week when she asked them if they were doing reconnaissance after seeing them at an elevator, a reference to accusations that certain republican members of congress led january 6th insurrectionists on tours in days before the riots. when asked about the incident, boebert said it was a joke, adding, quote, i'm too short to see anyone's yarmulkes. our high five of the week goes out to a television reporter who lived the nightmare that any reporter who's opinion sent out to cover bad weather has. amazingly, she's okay to tell the tale. >> and now we're starting to experience, unfortunately, water main breaks. >> oh, my god. i just got hit by a car. i just got hit by a car, but i'm okay, tim. >> it's a first for tv. >> we're all done. >> are you okay? >> i'm okay. that's live tv for you. it's all good. i actually got hit by a car in college too just like that. >> wow. >> i'm so glad i'm okay. you're okay. you're okay. we're all good. this is -- you know what? >> are you sure you're okay? >> we're good, tim. ma'am, you are so sweet and you are okay. >> i am so sorry. >> it is all good. you know, oh, lord. you know, it's my last week on the job and i think this happened specifically to me. >> were you bumped up high or down low? >> i don't even -- do you know when "f" i was bumped down low or up high, sir? i don't even know. i don't even know, tim. my whole life just flashed before my eyes. >> that can happen. >> but this is live tv and everything is okay. >> just incredible. for those wondering, tori was checked out afterward, no broken bones. she said doctors told her she would be sore for a while. the anchor there had a small monitor there on set, so it doesn't appear that he knew exactly what was going on. but she is an incredible trooper. she mentioned it was her last week on the job in west virginia. she's moving on to pittsburgh february 1st, a bigger market there. but she's by herself. she's what's called a one-man band doing the camera work and live shot at once. we're so glad that she is okay. she took it all in stride with a smile on her face and we wish her all the best in her new venture. that wraps it up for this hour. i'm lindsey reiser. reverend al sharpton and "politicsnation" starts after a quick break. quick break.e all younger than . i had to get help somewhere along the line to stay competitive. i discovered pren. i started taking it and after a period of time, my memory improved. it was a game-changer for me. prevagen. healthier brain. better life. ♪♪ things you start when you're 45. coaching. new workouts. and screening for colon cancer. yep. the american cancer society recommends screening starting at age 45, instead of 50, since colon cancer is increasing in younger adults. i'm cologuard®. i'm convenient and find 92% of colon cancers... ...even in early stages. i'm for people 45 plus at average risk for colon cancer, not high risk. false positive and negative results may occur. ask your provider if cologuard is right for you. ♪ life can be a lot to handle. ♪ this magic moment ♪ but heinz knows there's plenty of magic in all that chaos. ♪ so different and so new ♪ ♪ was like any other... ♪ ♪ so different and so new ♪ chase first banking. a debit card and app for kids, and tools for you to teach them good money habits. set account alerts, savings goals, allowances and chores from your chase mobile app. all with no monthly service fee. chase first banking. once upon a time, at the magical everly estate, landscaper larry and his trusty crew... were delayed when the new kid totaled his truck. timber... fortunately, they were covered by progressive, so it was a happy ending... for almost everyone. why does walgreens offer prescription copays as low as zero dollars? 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