brawl at a riverfront started by a group of white men shoving a black dockworker. right now in ohio, a high stakes special election for a proposal to make it harder to change the states' constitution. how that could have implications beyond the buckeye state. we begin this hour with the very latest on former president trump's legal troubles. trump's legal team and jack smith's office is locked in a battle over a protective order in the election interference case. that order is aimed at protecting the government's evidence before trial, and trump wants something much narrower. the judge over seeing the case is ordering both sides to come together for a hearing together. with us, msnbc legal analyst, lisa ruben. lisa, let's start off by defining what a protective order is in this case. >> a protective order, josé, is something that governs discovery in a civil or criminal case. discovery is essentially the evidence that the government would be relying on whether that is statements by witnesses, texts, phone records and the like. before they produce any of that to former president trump they want to guarantee that certain materials are going to remain confidential until they develop a plan for how they will use them at trial or in motion practice, and as former president trump who is fighting back and saying, no, i want an opportunity to be able to discuss these, to reveal them, and to be able to tell the american people why it is that these documents don't support a charge against me, much less a conviction, josé. >> is this something -- i mean, nothing in this case has precedent, but is this something you normally hear about in a case like this? >> yeah. forgive my life for a second, but protective orders are standard in a criminal case like this. perhaps what is not as standard is the broadness the government is asking for. the government here is telling the judge over seeing the case that we need a protective order because this is a person that time and again has shown he cannot be trusted with sensitive information, like witness names or what they may have said, because he will try to get to people and intimidate them and harass them to the point of endangering them. >> why is this such an important thing for the former president? >> reporter: let's be very clear here, josé, what donald trump is doing. he's running a campaign against the doj, and the counsel against him, and for donald trump using the word unfair is an extension of the campaign. donald trump is using his social media posts and using the microphone at events like this rally this afternoon to attack the department of justice to make the claim that the protective order being sought by the special counsel is an effort to silence his first amendment free speech right, but that's not reality, and they are just looking to restrict his ability to talk about the evidence so they can prepare an actual case in a criminal trial. just look at one of the social media posts. at 1:00 a.m. here this morning, donald trump writes, my political opponent, crooked joe biden to indictment and arrest me on a bogus charge, and that was not enough, and now he wants a court order to take away my first amendment right to speech. i will be the only politician in american history not to speak about the never-ending witch hunt. >> the former president is going to speak there later today, and there's a clear indication where he has benefited politically by attacking the special counsel and the whole system of justice, the doj. >> reporter: that's right. poll after poll among republican voters shows a lack of trust in the department of justice and the fbi, and you have got hundreds, if not thousands of supporters, about four and a half hours before trump takes the stage here in new hampshire. we have seen polling numbers back up his fervored support from last year, and there was a suggestion there would be an opening in the campaign once donald trump was indicted. and these folks who are standing in line and yelling at me, they are saying any indictment would lead him to step away in the primary. >> and could these attacks hurt him legally? >> they absolutely could hurt him legally. josé, the department of justice -- or rather the special counsel's office is pointing that out in their papers. they are saying we are essentially trying to protect donald trump from himself and ensure him a fair trial. if he were to talk about the evidence, for example, in his social media posts as he wants to do, and adds his proposed edits to the protective order as he intends to do, that could compromise the fairness of the jury pool that would hear this case against him. we are fighting for the integrity of this process, even as donald trump is telling the american people how stacked against him it is, we are the ones trying to ensure that the former president gets a fair trial here by not poisoning the well, and not poisoning the jury pool against himself with statements like these. >> and turning to a different trump case, this one about the classified documents. the judge overseeing that case is asking the special counsel why they juiced juries in florida and in d.c., and then filed in florida. >> yeah, it's a red herring. it's not clear what she's doing because it's permissible to use a grand jury in another jurisdiction where the charge could lie in either jurisdiction. here, josé, there was a grand jury investigating the documents case, and there are new obstruction charges and may still be more, and one of the things the d.c. grand jury may be looking at is attempts to interfere with its own investigation, and it's perfectly permissible to investigate if further charges should be filed because people tried to obstruct that investigation from being fulfilled. >> thank you very much. severe storms turn fatal in the south. a teenager in south carolina died after being crushed by a falling tree, and a man in alabama was killed after being struck by lightning in this parking lot. more than 600 storms were reported across the u.s. yesterday, the second most this year. 52 million people from florida to texas are under extreme heat warnings. nbc's kathy park has the latest. >> reporter: the summer of extreme weather rages on. the powerful storms marched east and cut a path of destruction in washington, d.c., and there were some spots with wind gusts up to 80 miles per hour knocking down trees and power lines. some federal employees were told to leave work early as a precaution as government buildings began shutting down. some workers got caught leaving work with unexpected flash flooding. meanwhile the same storm system reaching east tennessee and in alabama, where a man was struck and killed by lightning. and here in laguardia last night, there were hundreds of delays and cancelations. fortunately things are looking much better this morning, but we are still playing catchup. back to you you. >> thank you. our nbc meteorologist joins us this morning. what are you following today? >> we are following stormy conditions, but not as stormy as yesterday even though we had a wide severe outbreak. where you see the brighter colors, that's where we are seeing the heaviest rain falling. purple is an indication maybe hail is falling. yesterday we saw baseball sized hail. we are looking at portions of the mississippi valley and the southeast where you see the yellow and orange spots, that's the spots you will likely see strong storms. we are not seeing a whole lot of lightning. yesterday we watched radar all day long and saw extreme lightning throughout the day. we are still looking at pockets of heavy rain that could lead to flash flooding and that's been a concern all week long. and it's in the northeast where we are still dealing with the same storm system that came through yesterday, bringing heavy rain to part of new england, and it parked over the area so where you see the reds, oranges and yellows is where we are seeing the heaviest rain falling. you could see flash flooding. we are looking at moderate risks in maine and vermont. if you see flooding on the roadways, turn around and stay indoors if you see heavy rainfall. it's up to two inches per hour, and it's like a sponge you squeeze and all the rain comes pouring down. this will move across the country. the storms will be capable of large hail, two inches or greater and heavy rainfall. then it will zip across the plains, and the severe risk from oklahoma to tennessee, it will encompass a whole lot of area. we have high pressure in place, and it's not budging. we are looking at 52 million people impacted by heat alerts from the south central states to the southeast, where you see the pink here, dallas, austin, tallahassee, and you are under a heat warning. it will feel like 114 in new orleans. 93 is what it will feel like in atlanta. and then tomorrow we are looking at temperatures soaring in the triple digits once again. dallas cannot catch a break. it will feel like 109 when you factor in the humidity. that dangerous heat does continue, josé. >> thank you so very much. >> sure. coming up, a big shake-up in the desantis campaign. we're back in 60 seconds. you're watching "josé diaz-balart reports" on msnbc. astepro allergy, steroid free allergy relief that starts working in 30 minutes, while other allergy sprays take hours. with astepro's unbeatably fast allergy relief you can astepro and go! permission to dig in? 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>> well, it's not terribly uncommon to have them reshuffling especially for candidates that have not run for president before. it's a whole different story than running for governor or senator or anything else. in the case of ron desantis i would suggest that -- i would hope if he wants to be successful the campaign is also looking at the possibility the problem may not be the staff or the campaign manager. sometimes the problem is the candidate. ron desantis is, as we have all noted, an awkward campaigner, and awkward when interacting with other people. beyond that he's trying to campaign as donald trump, as, you know, the pretty version of donald trump. if he is just not being himself and is constantly trying to be somebody else, none of the changes he made will make a difference. >> well, as jennifer was saying, how normal is this kind of a move with still five months to go until the first vote is casts? >> i agree with a lot of what jennifer said. the reshuffling is not in and of itself unusual, but the fact that is it happening so close to the first debate, the fact that there have been prior stories about him burning through cash and staff, and for a first-time candidate you expect some of that, but for some -- i don't get to use my science fiction credentials often, but the bright that burns bright burns twice as long, and he came out of the gate trying to, as jennifer said, come across as the lighter and gentler donald trump. so if you can go with the original, why go with a copy? so him trying to find this lane is what you are seeing play out on the staff level. they just don't know where to go and how to use him, and the awkwardness of himself is, i'm sure, creating more problems. >> jennifer, meanwhile, let's talk about some of the policies that the governor of florida has been publicizing. in an interview with my colleague he doubled down about using lethal force at the border to stop the cartels. take a look at this. >> how do you discern if it's a child, a mother or a cartel must be? >> a pregnant mom with a baseball cap -- >> if you have people blowtorching through a border wall, that is not going to be -- >> how do you know you are using deadly force against the right people? >> it's the same way a police officer would know, and it's the same way somebody operating in iraq would know. these people in iraq at the time, they all looked the same and you didn't know who had a bomb strapped to them. >> your thoughts on this, because there's a policy and a need to be clear on what your policy is on the border. it certainly is a controversial statement either way, but what was your reaction to that? >> well, i think it just is what everybody has seen in ron desantis. first, he's trying hard to be the authoritarian, the tough guy. he wants to, you know, show republican voters that they don't have to vote for donald trump in order to get a hard policy. i have to say, because this has been something that, you know, just has been burning in my heart since trump was president. the degree to which the republican party and now their candidates are willing to forward, you know, nearly inhumane policies at the border, and it started with donald trump and putting kids in cages and that's what voters are looking at. nobody wants the cartels to have free passage into the united states, but what he is talking about is on the edge of something that could go very badly, very quickly. >> just this morning, like, pence's campaign said he now met the requirements to appear in the first gop debate. that's about 15 days away. if trump doesn't attend, what opportunity could that create for any other candidate? >> first of all, we have to acknowledge the fact that it's bizarre that it's news that the former vice president just qualified for the debate, which, i guess, does answer your question in that it seemingly is very difficult for any of trump's potential opponents in the primary to distinguish themselves as the alternative and not just an alternative. it reflects on their ability to raise money and on their ability to get the message out. if trump is on the stage, i imagine it will be something similar to what we saw in 2016, and the reality is for those that accepted that pledge, how much can they criticize them if they have to turn around and embrace him as the nominee. it's an odd circumstances for anybody that makes it to the debate stage and goes on through with the process, but they will have to try and distinguish themselves. >> thank you both so much. turning to the humanitarian crisis some 2,000 miles away from the southern border, new york city, the mayor, eric adams, announced he will build al city funded by the state. it will have housing and assistance for migrants for them to reach their destinations. new york grappled with how to deal with the migrants. you see the video where they were forced to sleep outside because all of the relief shelters were full. up next, we will play for you an exclusive interview about a possible serial rapist, and what witnesses are saying when a group of white men attacked a black dockworker along an alabama riverfront. >> witnessing our poor crew crewman being attacked, and we couldn't do anything about it. 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( ♪♪ ) ( ♪♪ ) can't stop adding stuff to your cart? get the bank of america customized cash rewards card, choose the online shopping category and earn 3% cash back. ♪ tourists tourists that turn into scientists. tourists taking photos that are analyzed by ai. so researchers can help life underwater flourish. ♪ 29 past the hour. this afternoon law enforcement officials are set to deliver an update into the investigation in a brawl along a boardwalk captured on camera. multiple warrants have been issued after a group of white boaters attacked a black dockworker. >> reporter: in alabama and across the country fallout is continuing after that massive brawl on a montgomery boat dock that now has gone viral. outrage is growing across the country over these now viral videos appearing to show more than a dozen people in an all-out brawl on the downtown montgomery riverfront. no arrests have been made, the mayor said, but investigators have issued four arrest warrants and are reviewing videos of the incident and more could be coming. >> it's something that should not have happened. it's something that we are investigating right now. >> the chaos unfolded saturday night after a worker asked a group multiple times to move their pontoon so a commercial river boat could talk. this video was filmed from onboard the river boat. >> they were mad at this guy for touching their boat. we witnessed this guy being attacked and we couldn't do anything about it. after the river boat docks, fighting erupts again. police on the ground struggling to contain the chaos, and eventually getting some in handcuffs. the mayor placing the blame on several reckless individuals for attacking a man doing his job and vowing that justice will be served. >> the mayor declined to say whether or not investigators believed the fight may have been racially motivated, only adding the investigation is ongoing. new details on the alleged serial rapist caught last week after a victim escaped out of a makeshift cell in his garage in portland, oregon. ken, good morning. what did you learn? >> this is a really disturbing case, josé. the fbi is now investigating this case thanks to the heroic actions of the woman you mentioned who smashed her way out of the cell with her fist and flagged down a bystander. he drove her hundreds of miles to his home in portland and raped her along the way. he lived in ten states over the last decade from california to new york, so they believe there may be many more victims. stephanie shark, the assistant special agent in charge at the portland field office said the victim that escaped may have saved lives. >> she spent upwards of several hours beating down this cell. she was able to break free and run for help across the street. her hands were bruised and blood bloodied, and now that he is in custody we are trying to help the victims re-write their stories so they can come forward. >> the fbi says he went by several aliases, and they are asking anybody with information to call the fbi. >> ken, thank you so much. new overnight, several civilians are dead after new russian strikes in ukraine. we will get the very latest. you are watching "josé diaz-balart reports" on msnbc. c. 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[bones cracking] ♪ (tense music) ♪ one aleve works all day so i can keep working my magic. just one aleve. 12 hours of uninterrupted pain relief. aleve. who do you take it for? david: i'm david goldberg, a bilingual elementary school teacher and president of the california teachers association. as we start a new school year, there's something new happening in california's public schools. jessie: they're called community schools. david: where parents and families, students and educators are making decisions as one. damien: it's a real sense of community. leslie: we saw double-digit gains in math, in english, and reading scores. david: it's an innovation that's transforming our public schools. narrator: california's community schools: reimagining public education. 37 past the hour. turning to headlines beyond our borders. in south korea boy scouts were evacuated from the world scout jamboree ahead of a incoming typhoon. this morning thousands of mourners bid their good-bye to singer, sinead o'connor. police have not said how she died though her death was not ruled suspicious. she was 56 years old. overnight in eastern ukraine, russia launched two back-to-back missile strikes on an apartment building full of civilians. at least seven people killed and 88 more injured in these attacks. joining us now is evelyn farkas, former senior adviser of the institute. where is your assessment of where things stand this morning regarding ukraine? >> josé, i think what russia is trying to do is what it has been trying to do all along, which is to break the will of the ukrainian people, to break the will of its government, to break our will, those of us supporting ukraine, so they undertake these attacks that are violating every international law in attacking civilians, and this is from the russian playbook. they are clearly desperate right now trying to lash out and counter ukraine's success in certain instances, and ukraine has been attacking sites inside russia with great affect, and president zelenskyy was in saudi arabia launching a new diplomatic offensive to try and get the rest of the world to understand what ukraine is facing right now. >> i want to talk to you more about that, if there is anything that could happen in this war, certainly with saudi arabia in it, and we just saw both countries conduct joint naval patrols on alaska's coast. how much of an issue is it that china and russia may be getting to be closer allies? >> it's definitely a concern. anytime it looks like they are going to encroach on our waters or airspace, we want to remind them we should not put their pilots and navel forces in danger, and also american pilots and navel forces which they have done time and time again. i think it's important to note that china has been very outspoken against any kind of nuclear use, any kind of nuclear sabre rattling, and i think so far that has represented. of course, there's still a lot of danger and risks involved in the fighting in ukraine around a big nuclear facility in the south. china did go to saudi arabia and russia was not invited. there were 40 countries that are on the fence, they are not allied with ukraine or russia, with the exception of china, and then the united states and its allies, some were there as well as the european union. and zelenskyy wanted to explain to them what was at stake and get agreements for peace. >> the chinese military hackers, the networks are deemed not sufficiently secure from beijing's spying eyes, how significant does this hack appear to be and is a part of a larger perspective china is doing? >> this is related to your first question about russia and china working together. we know they are learning from one another. we know if vladimir putin is successful in achieving his objective, taking over the country, china will be emboldened and move in on taiwan. japan is, of course, one of our top allies, a treaty ally to the united states, and we believe strongly for freedom of navigation and commerce and all the interests of our democratic allies in asia. unfortunately, you know, much of this rests upon intelligence corporation -- that's not unfortunate, but unfortunately there was an attempted attack on our working with japan. it's hard, of course, to share information even among allies, but we need to improve our efforts there. >> china apparently is fed up with the spy base in cuba, and there was a russian submarine that docked recently in havana. this is not just going on far away, but it's also very close to home. thank you for being with us. appreciate it. >> thank you. up next, how a critical special election in ohio today could affect the future of reproductive rights in america? 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[ting] ♪♪ live in the moment. ask your doctor about otezla. so, you've got the power of xfinity at home. now take it outside with xfinity mobile. live in the moment. like speed? it's the fastest mobile service around. with the best price for two lines of unlimited. only $30 bucks a line per month. that's hundreds in savings a year when you wave bye to the other guys. no wonder xfinity mobile is one of the fastest growing mobile services. you really shouldn't walk out the front door without it. switch today at xfinitymobile.com 56 past the hour. taking a look now at the markets. the dow jones industrial average is down about 360 points right now. after several banks saw their credit ratings downgraded. cnbc's dominic chu is with us this morning, dom, what's going on? >> so, it's going to be a tough economy and tough market, jose. that's the reason why moody's downgraded ratings for ten banks and a threat of more. that's why the sentiment is so negative. m & t bank, commercial shares and webster financial, some of those banks getting put on a negative watch for a future potential downgrade. names like capital one, a fifth. and moody's predicting tougher headwinds, a tougher environment and profits, jose, exposure to the commercial real estate market amongst other factors so that's one of the big reasons for that negativity. >> dominick, there are conflicting views about the future of the internet? >> this notion that the fight goodness inflation is not over. the latest to weigh in is fed governor michelle bowman who spoke to the kansas banking association and said she agreed with the fed's decision to raise rates this past month. also, she thinks additional increases will be needed to get inflation back down to 2%. and, jose, she also said that the fed should be open to continuing to raise rates if the economics say inflation remains a threat. >> so this is the continuing spiral of rate hikes, right? >> it will be so long as we see prices of goods and services continue to climb. by the way, labor factor into that. employment is a big part of that. we do know that the cost of fuel is going higher. that's something that the fed has to watch very vigilantly. jose. time for really good news, it's about one of the people who makes this show possible, some six months after being diagnosed with cancer, our producer kelly betts is out of the hospital. [ cheers and applause ] >> get out of here. >>-kettering cancer center yesterday. kelly was diagnosed with acute myeloid leukemia in february. and kelly is currently being treated at an out-patient facility. she's such a just a wonderful spirited soul. and i also want to give a special shoutout to kelly's mom denise. there you see her. she spent every single day and every single night with kelly since she started treatment. kelly, we love you, we miss you, and we can't wait in you are back with us. love to you and your extraordinary parents. that wraps up the hour for me, i'm jose diaz-balart. you can always reach me on social media @jdbalert. "andrea mitchell reports" right now. now on "andrea mitchell reports" a face-off in washington for special counsel jack smith and donald trump's lawyers for what is usually a rue 19 the d.c. circuit. the judge to overturn the 2020 elections orders both sides to a hearing this friday at the latest. plus, another bump in the road for the prosecution for the mar-a-lago documents case as the florida trial judge orders a hearing over why jsm

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