violent mob against the u.s. capitol and his own vice president on january 6th. the justice department won the battle and politico reports special counsel jack smith obtained an extraordinary array from twitter about trump's account. while it remained unclear what sorts of information the messages contained and who exactly may have written them, it was a revelation that there were private messages associated with the twitter count of mr. trump, who has famously been cautious about using written forms of consideration with his aides and allies. he's reportedly sent over direct messages that were sent, received and stored in draft. politico reports this, quote, u.s. district judge barrel howard held twitter, now known as x, in contempt of court in february be fining that company $350,000 for missing a deadline. and he lit into twitter for taking extraordinary and apparently unprecedented steps to give trump an advantage. at one point the judge asking being quote, is it because the new ceo wants to cozy up with the company's new president, referencing elon musk. and a treasure trove of evidence is where we begin today. charlie sykes is back with with us and betsy woodruff. swann is here. pete, what would jack smith be looking for? >> nicole, a lot. i've served i don't know how many search warrants on twitter over the years and investigations. we need to put our investigator's hat on. twitter gathers a lot of information. they don't just have your tweets, they have your draft tweetss are in some cases they have deleted tweets, they have dms which are not encrypted, the ip address on which you logged on to the time, sometimes the location at which you accessed the count amongst other data. so there's a lot there. now, in terms of the wave the fbi or jack smith would get this informations are it appears that well before jack smith was appointed, early on there's a law, 2703, which allows the government to request that carrier providers preserve data. in this case an investigator would say, hey, look, trump engaged in something relevant to our investigation, in this case, twitter, here is a letter and we're asking you to take a snapshot of everything in that account right now and we're going to go out and get enough information to go to a judge with probable cause with a warrant. they get that and here's what gets interesting. when the government gets the search warrant and serves that on twitter, they not only get that data that was preserved at the time, in many cases they also get a copy of the account's data as it exists at the moment of the search warrant. why is that important? say you're trump and the government was looking for something in early january. you get the warrant later, well after impeachment proceedings were under way and you can compare those accounts to see what was deleted over that amount of time. so we're all focusing on the dms, which is appropriate, but for an investigator, there's so much information out there that would be of value. who was using this information or the account? what other accounts were being used? i could go on and on about the ways that smith and his investigators could use it but it's a big deal. >> pete, some of the final pieces of great journalism we had before we learned about smith's indictment of trump on january 6th was about interviews with folks close to trump specifically trying to get at his state of mind. can you say a little bit more about how the twitter account could also work toward that end? >> absolutely. so there are a couple of ways. one by outside reporter. it seem evidence that trump frequently used other people's cell phones to access twitter and post to twitter. dan scovino is one but there may be others. investigators could figure out whose phones trump was using and who might have been around him to interview them and talk about his state of mind. they can lock and say, all rights on that most recent set of data, what did trump do? what did he change? were there particular messages that he deleted? were there draft dms or tweets encouraging the writers at the capitol to do something he quickly deleted? all of that goes to trump's state of mind. did he truly believe the people had the chance to overturn the electoral count certification? there's so much potentially in and all the more reason it was simply outrageous for twitter to try and block responding to the search warrant. >> so, pete, to that point, let me put up what end up in the indictment. again, we don't have full visibility into the timeline of this legal battle in which obviously smith prevails but this is in the indictment of donald trump. at 2:24 people after advisers had left the defendant alone in his dining room, he issued a tweet intended to further delay and obstruct the certification, quote, mike pence didn't have the courage to do what should have been done to protect our country and our constitution, giving states a chance to vertified a corrected set of facts, which they were asked to previously certify. usa demands the truth. one minute later, the united states secret service was forced to evacuate the vice president to a secure location. at the capitol in the afternoon members. crowd chanted "hang mike pence, bring him out" and "traitor pence." >> i think it's reasonable to believe there's a combination of things. certainly to the extent it appears there were dms in there and certainly to the extent that any record of his tweets, particularly draft tweets are something they would have. that would likely be a part of the evidence supporting that assertion in the warrant. i think the notion that he was alone, a twitter search warrant is not going to tell you whether or not donald trump was alone. that will come from interview from people around him. someone like dan scovino might a drafted a tweet, to the point that people were trying to get trump to say anything to cause the insurrectionists to back away from the capitol, if any messages reflected people trying to do that, all of that goes to trump's state of mind, all of that goes to what he knew, no what he claimed, but what he knew. they asked for data going back to october of 2020. so this is well before any of the be there or be wild statements in december. they've got to have a reason to support probable cause to get that far back. >> betsy, let me show you some of the evidence that the january 6th select committee developed around not just trump's twitter account but the impact, the sort of call and answer of trump via twitter and the insurrectionists themselves. here is what the president wrote in his 2:24 p.m. tweet while the violence at the capitol was going on. and here is what the rioters thought. >> a traitor and he deserves to burn with the rest of them. >> what happened with pence? >> pence didn't do what he wanted. >> pence voted against trump. >> and that's when all that started? >> yup. that's when we marched on the capitol. we've been shot at with rubber bullets. >> boo! that's right. you heard it here first, mike pence has betrayed the united states of america! [ bleep ] [ crowd boos ] >> mike pence has betrayed this president and betrayed the people of the united states and we will never, ever forget! >> it's real simple. pence betrayed us, which apparently everybody knew he was going to and the president mentioned it like five times when he talked. you can go back and watch the president's video. >> let's be respectful to him. there's 4 million people coming in. >> it's only a matter of time. justice is coming. >> betsy, i hope a day comes when i don't have a physical reaction to watching that. i'm not a political supporter of mike pence's but when they talk about what they're going to do to mike pence because they've just seen trump's tweet, i feel physical revulsion at what trump did. that happened two and a half years ago at our nation's capitol. it seems jack smith is intent on really understanding the ask that trump made, where it came from, who wrote it, what was in his head and the consequences. >> yeah. and also what preceded it, how trump got to the point of using such insanely incendiary and apocalyptic rhetoric that had an entirely predictable result in riling up that crowd of people who at that point were at the capitol building, outside the capitol building and already had reached a fervor of desperately feeling that they needed to do anything they could to save our country, the exact verbiage that trump and his allies were using that morning to urge these people to go to the capitol building. so getting the deepest sense possible of what trump was thinking and what he was hoping and aiming for when he sent out those historic now tweets is something that of course is going to be vital to jack smith in his prosecution. one other piece of this that might colleague kyle cheney noted was part of the search warrant that jack team directed at twitter was information from all the things that trump searched for. not just what did trump say, not just what did people say to trump but in addition to that, what was trump following in? what was he interested in? what type of material was he himself trying to gather from this social media network as he was trying to desperately find a way to hold on to the power. and all of that, of course, is only going to add to and build out the picture of trump's state of mind that's going to be front and center going forward. >> betsy, politico has fantastic reporting on all this. let me read similar from your colleagues reporting. "accounts associated with the real donald trump that the former president might have used in the same device, devices used to log into the real donald trump account, ip addresses used to log into the account between october 2020 and january 2021, which pete mentioned, privacy settings and history, all tweets, quote, created, drafted, favored, liked or retweeted by the real donald trump including any subsequently deleted, all direct messages sent from, received from in draft form or otherwise associated with the real donald trump, all record of searches from october to january, location information for the user of real donald trump from october 2020 to january 2021. what does that say to you? >> it suggests that jack smith thinks that real donald trump could have been something of a team effort of course and is interested geographically where trump was and who he was with as he was looking into all these materials. that first item that you mentioned, accounts associated with @real donald trump of course is fascinating, it suggests perhaps that jack smith's team could be interested in or curious about whether trump used any sort of burner account, any additional account. lots of prominent people in public life sometimes for reasons that are totally reasonable will have a twitter they use that isn't publicly associated with them. mitt romney, most infamously had a burner account he used to like and follow certain other tweets. this question of were there any other accounts that donald trump might have used. we don't know the answer to that question but it highlights the level of dove tail and granularity that jack smith is pursuing in this investigation. >> and, charlie, before anyone sort of brushes under the rug the story about twitter or x, whatever it is these days, this is how powerful trump's tweets were that day. this is evidence and testimony developed by the january 6th select committee. this is trump supporter steven ayers. >> we know that you illegally ep entered the capitol that afternoon and left the area later on. what made you decide to leave? >> basically had president trump put his tweet out, we literally left right after that come out. you know, to me if he would have done that earlier in the day, 1:30, you know, we wouldn't be in -- maybe we wouldn't be in this bad of a situation or something. >> it was an understated piece of public testimony but perhaps the most impactful thing that the trump side of the equation could hear, right, that these consequences were trump's direction, at trump's request, at trump's direction all the way through, including when they ultimately left the u.s. capitol. >> that was apparent in real time. what really strikes me about this is there was one gap in the january 6th committee investigation, when i was linking donald trump himself more closely to some of the conspiracy to overthrow the election. and this whole story tells me that jack smith is trying to found donald trump's thumb prints on the attack on the capitol. we know a lot but the fact that we're going to find out about the deleted tweets, the dms, this is also extraordinary because donald trump has been notoriously quite private, very careful not putting things in writing, not sending out emails. it would be interesting to know whether he had any idea that this kind of data was out there, that when he was doing the direct messages, when he was doing the searches, when he was posting drafts which he then decided he was going to delete or not post, did he know this was going to be in the hand of prosecutors or investigators at some point. we don't know that. so jack smith is clearly trying to try donald trump in the most granular way to everything that happened this day. again, a lot of this is public, i think a lot of this is obvious, but this story reminds us that jack smith has more information than the committee had. and more information than we had. so we might see some surprises here. >> charlie, one thing i wondered is judge howell makes clear she's exasperated with elon musk. i find it interesting that trump didn't return to twitter. i wonder if his decision to stay off the platform he owned was in part to protect himself from being turned over in future trials. >> well, we don't know that but certainly part of this story is the extent to which elon musk went to protect donald trump. he has the right to go to court. i like the fact that media organizations, social media companies will try to protect people's privacy, but clearly elon musk was putting his thumb on the scale here and was doing everything possible to curry favor with donald trump. and that's something to keep in mind as we watch this. i don't know. i'm old enough to remember when the so-called twitter files had much of the right and high moral indignation oaf some sort of political bias and here we have elon musk who is clearly running his own ideological and political agenda without anybody on the right raising their eyebrows about this. >> at least in the judge's analysis. betsy woodruff swann and pete strukz, thank you for joining us. and coming up, vice president mike pence named 13 times as a target in the enterprise scheme had to come out again and say the election was not stolen from him and donald trump and is met with silence. >> and mixing with donald trump is another dangerous combination and more when "deadline white house" continues after a quick break. don't go anywhere. break. don't go anywhere. it has long-lasting light scent, no heavy perfumes, and no dyes. finally, a light scent that lasts all day. downy light! my active psoriatic arthritis can make me feel like i'm losing my rhythm. with skyrizi to treat my skin and joints, i'm getting into my groove. ♪(uplifting music)♪ along with significantly clearer skin... skyrizi helps me move with less joint pain, stiffness, swelling, and fatigue. and is just 4 doses a year, after 2 starter doses. skyrizi attaches to and reduces a source of 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date were to be accepted, it would mean that donald trump's trial would begin on the day before super tuesday for more than a dozen states, including california and texas, will hold their republican election. and the 19 people under indictment are going to be booked is where vaughn hillyard is. >> reporter: if the dates stand, our timeline says that the 19 defendants, including donald trump, will have to show up right here for booking and the judge has said he will treat donald trump just as any other defendant, which would include a mug shot and fingerprints. we do not have a date yet as to donald trump's camp as to when he'll be coming here. you're talking about september 5th as the week of the arraignment for donald trump and these other individuals. the arraignment will be going in front of the judge and in the case of donald trump likely pleading not guilty. georgia has the opportunity to waive their arraignment or personally so donald trump doesn't necessarily have to come back a second time. the next day is a monday. march 5th, super tuesday. donald trump is staring at a potential date and then the hush money payment case starting march 15th and in may you're looking at the classified documents so suddenly donald trump's calendar if these dates are all to hold is suddenly looking quite full for the first half of 2024. >> full of criminal engagement, not just county fairs. is there any sort of rule or norm where they are arraigned together, as with the trial? what do we expect in terps of the other 18 defendants? >> yeah, the district attorney fani willis said each defendant will be given a heads up. in the past in fulton county, that has not been the case in certain types of -- when charges, including rico charges have been filed, they have appeared some personally, some in person, some have waived arraignment. this is going to be a complicated case. you have mark meadows, who has already put in a motion to have his case moved to the federal court system. and you're also dealing with the likes of jenna ellis, the right and to rudy giuliani and she is very much not in donald trump's 2024 camp here at this point. maga world has sort of ostracized her as she has spoken out against donald trump and suggested he shouldn't be the future of this party. jeffrey clark has already impugned jenna ellis and doesn't know what happened to her and why she took such a 180 turn. there are questions about the legal bills of jenna ellis, are they going to be covered by donald trump's camp, if there's money available. there's a lot of questions. all we know is this is not some rosie school bus headed in to this trial. you have a very fragmented group here. donald trump is at the forefront of the bus but it a very fragmented bus. all of them will have to show up here over the course of the next nine days. >> i will confess when you talk about a shaky bus and these now charged defendants, i was thinking of the bus on "the fugitive," some of them get away, some of them don't. vaughn hillyard, thank you for still being there. we're grateful. >> up next for us, how paying lip service to the truth is now news. the republicans who are still having to say that the election was not stolen remain outliers in what is left of their party. talk about that and its consequences next. that and its consequences next. mr. marbles will receive recurring deliveries for all of his needs in perpetuity, thanks to autoship from chewy. - i always loved that old man. - what's it say about the summer house? - yeah, the beach house- - the summer residence goes to mr. marbles. 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[ applause ] >> so you're a republican and you say that, it's news. it's astonishing really just how low the bar is for republicans to make news these days and what passes for political courage. the reality is semi-stating the 2020 election is not stolen puts republicans like pence on a political island. that was former vice president mike pence this morning doing the bare minimum, reiterating what the rest of us now on earth one that the 2020 election in georgia was not stolen. it wasn't stolen anywhere else. at least a few people clapped. and there's georgia governor brian kemp who said, quote, for nearly three years now anyone with evidence of fraud has failed to come forward under oath and prove anything in a court of law. of course you'll remember brad raffensperger, to his credit stood up to trump was he was asked to find 11,000 votes, quote, the most basic principles of a strong democracy are accountability and respect for the constitution and rule of law. you either have it or you don't. of course he's correct but woefully was also in his party's minority in his ability to state obvious facts. for our conversation, cornell. and charlie is back with us. i struggle with this. these republicans are not jumping up and down about voter suppression law that thank god they stood up against when trump tried to overturn his defeats in their states. but that's where we are. the republican party is so overtaken by delusion, by disinformation that the people who speak the truth get, you know, awards or at least paper plate medals. >> well, look, i think you have new polling out just this week, cnn released polling that shows 69% of republicans think that biden is illegitimate. it is a tough place to be in when you're speaking the truth. but at some point, though, nicole, if enough voices -- understand we got to where we are with them thinking the election was illegitimate because of republican voices that said it was -- it was corrupt and it was a big lie, right. we got there with a chorus of voices saying that over and over again to people. i do think we can change it with a chorus of voices that they respect saying that it is not that illegitimate but you're not seeing that from any of the republicans in the spotlight right now. you'll probably talk about this at some point but you'll still baffled at the republicans i see on the campaign trail parroting donald trump's talking points about the election and about what the government is doing and at some point, nicole, i don't even call them rivals anymore because rivals take on. other than chris christie, i don't see any of them as actual rivals to them. and like logan roy's voice, you're not serious people. >> charlie, you have a lot of reporting and analysis and expertise on this. structurally, they said on election day people tell them what i tell them to care about. that used to be how voters recognized a strong leader. the republican candidates, except for chris christie are now all hostages of a brainwashed base. that's not strength. >> it's not leadership but it is followership. i agree completely with cornel. all of this should have come a lot earlier but it's a good thing that mike pence has discovered his back bone, it is a good thing that brian kemp is pushing back so strongly. these are republicans. the call is coming from within the room here. as i'm listening to this, i am reminded, though, but for mike pence and people like brian kemp and brad raffensperger, how might our political history been even worse and more dangerous than in fact it was? when you go back to look at the history, you had key republicans in places like georgia and michigan and pennsylvania and arizona who did the right thing and may have lost their political careers. but at some point we ought to at least acknowledge what they did. also, as far as mike pence goes, yeah, i mean, he's not going to win the nobel peace prize for all of this but i'm watching him and i'm thinking this is a man that knows he's not going to win and he's liberated by it. he knows he's not going to be the nominee so he's saying, you know, i'm kind of out of bleeps to give and i'm just going at it. that's a very different mike pence than you and i were talking about six months ago. >> let me be clear. we should take a scalpel and carve out and highlight the heroic acts but i don't think we can describe as heros republicans who do nothing until the question is do i continue to live in a democracy or do i not? that's my only point, charlie. of course it is good if some of these republican voters start to hear from people who show up on fox news that, no, the election was not stolen, yes, donald trump is justifiably charged in four cases, that's why we cover bill barr's constant refrain that the government's cases against trump are strong and righteous. >> important. it's very important. i never thought we'd be on this show talking about, you know, congratulations to bill barr for telling the truth. but, again, you go back to the fall of 2020 when bill barr just wouldn't go along with what donald trump wanted him to do, did not turn the department of justice into a weapon against democracy and left. and now he is one of the strongest voices saying what donald trump is saying, there's nothing to it. and again, it would be better if he had been more forceful earlier, but, you know, we keep asking when are republicans going to speak out against what donald trump is doing, against the lies and for democracy. it's probably too little, it's probably too late, they probably are torching their political futures in this republican party but at least something is happening. i am pessimistic that it's going to change the trajectory when you have nearly 70% of republican voters who say that joe biden is illegitimate, but for mike pence to come out and say that, no, this election was stolen basically says i'm not going to be the president, i'm not going to be the nominee but i am going to tell you the truth. good for him. >> nicole, do i have time to make a point about brian kemp? >> please, go ahead. >> i find himself at odds but i'm going to make this point about brian kemp. look, there is a reason why in battleground state and georgia is a battleground state right now brian kemp won reelection. and you can see in battleground states that trumpers aren't doing very well, right. so the future for the republican party in a broad sense in a general election is not what donald trump is. we saw donald trump's candidate in georgia lose while republicans statewide were winning, right. brian kemp is actually where -- is positioned to be a winner in a battleground state. they're following trump off the cliff. if you're in a red state, gung ho trump. but you're not going to be a donald trump-type candidate and be able to win tough races in pennsylvania, and in michigan and arizona and the emerging battleground states and that's the real challenge i think for the republican party, you know, moving forward is the electorate is more where brian kemp is than they are where donald trump is. >> yeah, that was my -- i was going to come back to you from the other angle. you know, the opportunity for democrats seems to be that structurally the position on abortion puts republicans outside the mainstream of th own voters and structurally the big lie platform has, you know, it led to the sort of annihilation of the fantasy of a big red wave in the mid terms. and that seems to be the political opportunity, where there's sort of despair looking a the how sad and lost the republicans are there seems to be a lot of opportunity for democrats, cornel. >> well, if they can braet break through the messaging. it's not lost on me the president and vice president are trying to celebrate the anniversary of really big legislation that's really helping people and the president is talking about today how we slash pollution in half by 2030, these big, important ideas. none of it is cutting through because the news is going to completely going to be dominated by trump and indictments. it's not only a problem for democrats but also republicans. what is kevin mccarthy and his republican majority in congress been doing? none of us seem to know what their plan is and what they're doing. for the next couple of months, every question they're going to get asked is going to be about donald trump, not about their tax plan, not about their crime bill -- have they moved the crime bill? i don't think they have. not against any of the other things that they ran on. >> it's such an important conversation. and you know this is a place where we want to be in receipt of criticism, too, because we want to be part of the solution. to be continued, my friends. thanks so much. up next, democrats calling out republicans for turning a blind eye to trump's crimes, plural and playing politics with his indictments. congressman jerry connolly will be our next guest. y connolly wi be our next guest. from verizon. 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(vo) for a limited time get nfl sunday ticket from youtubetv on us. a $449 value. plus, get a free samsung galaxy z flip5. only on verizon. joining our coverage, democratic congressman jerry connolly of virginia. he sits on the house oversight committee, obviously run by trump allies who seem intent on doing a whole lot of counterprogramming in these days. we wanted to get your first reaction for our viewers to this latest, this fourth indictment of donald trump on his, in this case, the allegation is that he ran a criminal enterprise. >> you know, in my way of thinking, this is maybe the gravest of his four indictments. a, it's all encompassing. americans finally get to hear the whole narrative and understand it wasn't a stray act by a stray individual. this was an organized criminal conspiracy involving 19 indicted conspirators and 30 unindicted conspirators. i think that is profound. secondly, the fact that this is being brought in fulton county, georgia, puts it beyond the purview of any presidential pardon prospectively. and in georgia no one qualifies for a gubernatorial pardon that has to be, by the way, approved by a committee until five years. so trump is facing maybe his gravest legal jeopardy yet in this case, and i think it's -- i think it's a really profound moment in american jurisprudence. >> there is something also about this indictment's narrative matching what we as americans saw with our own eyes and even the reaction in the last 48 days from republican trump supporting governor brian kemp and republican at one time supporting trump brad raffensperger. the facts are the facts. it's brought me back all week to trump telling his supporters in early 2017, don't believe what you see with your eyes, don't believe what you read, only believe me. this one does feel like it sets up perhaps the most dramatic clash between reality and what trump needs his supporters to believe. >> i think that's right. and i also think, nicole, that we got to remember because this is a state court, it's going to be televised. and i think to your point that means americans are going to hear the unfolding of facts. they can't -- they're not just going to hear a headline they can dismiss, they're actually going to hear the evidence laid out chronologically, laid out in great graphic detail. the indictment itself has 161 actionable criminal events but when we hear it in a courtroom, that drama is going to sink in. i think there's a real risk also for trump of actually having the public shift its opinion on the republican base somewhat when they have to listen to televised trial proceedings. >> it's such a good point. one made by cornell as well. when you have republicans in the state who are challenged by trump big lie backers who prevailed, you have a window into his sort of vulnerabilities even on the republican side. i need to ask you about some of what seems to me, we have to sneak in a quick break but i hope i can do that on the other side? >> 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consider adding this. an aarp medicare supplement insurance plan from unitedhealthcare. medicare supplement plans help by paying some of what medicare doesn't... and let you see any doctor. any specialist. anywhere in the u.s. who accepts medicare patients. so if you have this... consider adding this. call unitedhealthcare today for your free decision guide. ♪ gerry connolly from virginia. do you believe, it seems pretty obvious that the chairman of your committee, chairman comer, it appears he's timing his disclosures about hunter biden and his complaints about the handling of the hunter biden's investigations with donald trump's peak criminal events. is that your sense? and what is your sense of what the end game is for republicans on the committee? >> well, obviously, their end game is to try to damage president biden. they're not doing a very good job of it. distract, deflect and disassemble seem to be the three watch words of the republican committee members led by chairman comer as well as the committee i serve on with jim jordan as chairman. they've done a pitiful job of trying to make any case that something untoward has happened, and that somebody needs to be impeached or held accountable like the president of the united states. there is zero evidence linking president biden personally to anything. and there's zero evidence of political interference. just today, for example, the chairman finally released the transcript of a interview with a senior official who says in the testimony that he's not aware of any political interference, and the dispute at hand wasn't about someone trying to strongarm him to turn the other way with respect to hunter biden. it was a very routine kind of disagreement between the investigator and the prosecutor, which is something that happens in every d.a.'s office, every u.s. attorney's office in the country. >> yeah. the republicans with merrick garland getting ahead of them in appointing a special counsel, the proverbial dogs catching the car. they don't know what to do with themselves. they haven't generated any evidence of wrongdoing. right? >> i was going to say, they finally got what they wanted. now they're unhappy about it. >> they don't want it anymore. they don't know what to do. with news weeks like this, we always appreciate your insights. thank you for joining us today. >> my pleasure, nicole. thank you. up next for us, we're learning the names and addresses of the fulton county grand jury that indicted the expresident are now online. what we can expect to happen. how they can be protected. that story is out for a quick break. t for a quick break. become an aunty. book a flight. stay 4 nights. meet the baby. make the baby cry. give the baby back. fly home. silver tier in a single trip. join one key and move up tiers fast. there's never a dull moment for the nelsons'. fifth generation montana ranchers. there's a story in every piece of land. run with us on a john deere gator™ xuv and start telling yours. cut! another health insurance commercial, another aqua-aerobics scene. yup. most health insurance companies see us all the same: smiley seniors golfing, hiking... don't forget antiquing. that's why i chose humana. they see me, not a stereotypical senior. i'm pre-diabetic, so i talked one-on-one with a humana health educator who really helped me. now i'm taking free cooking and meditation classes. not aqua-aerobics? better care begins with listening. humana. a more human way to healthcare. 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. her husband paul brutally beaten with a hammer by a maniac with a reported history of posting extreme right-wing memes and conspiracy theories on social media. >> failed republican candidate accused of paying four men to shoot at the homes of elected democratic lawmakers in new mexico has been indicted on 14 criminal charges. an attack that took place at an fbi field office in cincinnati, ohio. an attack that comes as conservative politicians continue to vilify the fbi. >> the fbi says craig d. robertson pointed his gun at agents early wednesday morning when they tried to serve warrants in his home in provo, utah. earlier this week he said he was preparing his camouflage and sniper rifle for president biden's trip to utah. >> hi again, everyone. it's 5:00 in the east. tragically, it is becoming a more common and terrifying phenomenon. people turning to violence in furtherance of their extreme political beliefs. in recent years, the number of violent threats against politicians and government officials has ticked up and in some instances, as you saw there, those threats have materialized into actual attacks. at least attempted ones. the specter of political violence is not new. what is relatively new is the spoken, the public permission structure around it. for the past several years, the leader of the republican party, the republican front runner who happens to be an expresident has signaled in both explicit and implicit ways that his perceived enemies should be held to account through aggressive means. he has riled up his base with incendiary rhetoric and images. as we witness those messages can be interpreted by individuals in ways that can result in disastrous consequences. all of this top of mind as the indictment issued monday night at a fulton county, georgia for donald trump includes a list of name of the 23 grand jurors who returned to 41-count indictment against the expresident and 18 co-defendants. their names are on the indictment due to georgia state law. now nbc news is reporting that their purported names and addressed have been posted on a fringe website that often features violent rhetoric. the "washington post" is reporting on this and says a post on a pro trump extremist forum said, it is time we do this. a process that refers to exposing someone to harassment by publishing their personal information online. another agreed writing this. people need to be outside these people's houses. and it is not just the jurors on the receiving end of these intimidation tactics. the now four-times indicted expresident has been using his social media platform to spew ugly criticisms and attacks against prosecutors and judges overseeing his criminal cases. last week, judge tanya chutkin, overseeing the subversion case warned trump against making inflammatory statements. it is a warning he did not lead. he is also viciously attacked special counsel jack smith, fulton county district attorney fani willis, and alvin bragg. the "new york times" reports some lawyers have said if trump were an ordinary citizen with these attacks, he would be in jail by now. trump's potentially dangerous rhetoric and the threat of political violence in america is where we begin with some of our favorite experts and friends. the former assistant director for counter intelligence, frank figliuzzi is back with us. also, chief of staff, author of the book blowback, a warning to save democracy from the next trump. and the host of the whistleblowers podcast. myles taylor is here. and democratic strategist and director of the public policy program. you have so much going on. i know you were animated and motivated by this desire to warn of the natural end game for trump and his supporters. and that has been something you've been warning about the loudest. maybe the longest. you and frank figliuzzi. talk about what you see in this moment. >> this book blowback, i didn't want to write it. as i've said to you many times, i don't want to be talking about politics anymore. we're stuck in this environment where political violence is one of the biggest threats to our country. the reason i talked extensively about it is because we now have a political party that is main streaming that violence as an acceptable tactic. the studies show the gop base is embracing it. this was very foreseeable. there's someone i want to quote. one of donald trump's republican opponents for the gop nomination very prophetically spelled this out. he warned that trump had a history of inciting violence, that his henchmen did, if he took the white house he would be like michael corleon from the godfather and this would be a dangerous environment. he would run that administration like a mafia and he would act like a mobster. that person who made that warning was ted cruz. the same representative who defended donald trump against the charges in georgia. that just goes to show you how powerful this radicalization has been that the same people who were warning this guy would incite mass violence has now been brainwashed to go out and defend him for some of the past acts that led to violence. i think it is a big worry. donald trump continues to blow that dog whistle. he did it to me when i came out against him. it is why many times i've joined your show from different places. one of the apartments i used to join your show, we had to leave there because of the menacing packages that were arriving with regularity. we couldn't stay there anymore. it is one of many, many, examples around the country and now we're seeing with it the jurors in this case. it is wrong and law enforcement should pay further attention to whether there are further violations of the law. >> we have a lot of conversations about this sort of structural inadequacy with domestic terrorism. i wonder if you think we're reaching a tipping point where a policy conversation can ensue. or it is too much on one side for that to happen? >> i'm way beyond hoping and wishing that we're going to get to policy or even legislation here. we still don't have a domestic terrorism laws unit. the tools in the tool kit i think are still not there for law enforcement. when i look across the extremist sites just today before coming on the show, i see, as you said, vile, racist attacks on fani willis and others. i see people adopting the use of donald trump's word, this is a new word that rhymes with the "n" word and now it's been adopted to refer to black people. that's coming soon to a theater near you. that's horrible. someone is going to get hurt. they're going to get hurt and i can pribl every predict that. people have been killed because of the ideological incitement of donald trump. most recently, craig robertson from provo, utah. the capitol hill police officers, the metro pd officers. on january 6th, who had heart attacks and/or strokes, and/or die by suicide. the people in the walmart in el paso, texas, killed by a young man who adapted the rhetoric, the brown invader language of donald trump. the people in the tops supermarket in buffalo because the shooter there adopted the white replacement theory of the far right. it's getting uglier and there is a gap in what law enforcement can do about it. they've got to balance civil liberties and free speech with getting ahead of the crime before it occurs. it's an incredibly challenging threat environment. >> is it right that mob trials are the closest example we have on how trump is acting when he gets indicted, one, two, three, four times and looking at how his side is acting? >> i see between italian organized crime and drug cartel trials, i've seen aanalogous behavior and threats. certainly not on a national level. if you have a drug cartel case in miami, yeah, you'd better hunker down to secure the courthouse, the jury, the prosecutor and the judge, of course. but it's not a national threat. it's a threat from the cartel against witnesses and jurors. it gets done and it's over. and i've seen juries get completely tampered with and even family members blown up. i've seen it all in the drug world. if you go to italy and you look at the battle against the mafia there, you see judges and prosecutors, one after another getting assassinated by the mob. so sadly, we would have to look to that for analogous behavior as well. in the fbi academy courtyard, there is a bust of judge falcone. the italian judge who brought the fight against the mafia but died in that fight. that's what we're talking about here. >> it is mind-blowing to me and i will never, ever allow it to be normal that to cover donald trump we have to go to italy and draw on the history of holding mob families to account. that we have to go to south florida and draw on the history of holding drug cartels to account. this is who republicans pick. we're not stuck with trump. republicans choose trump and he's winning the republican primary running away. why? >> it is striking that there are people around him who are enabling him. that goes for the voters and for the elected officials who are around him that won't take a firm stand against him or anything that he's done. and everything said so far makes me emotional. i think back to when i started in politics, none of us woke up this way. i started in politics in my mid 20s as a poll watcher for the bronx democratic party and rose up the ranks, if you will. whether you're 25 or 65, you volunteer to be in these because you deeply care about the future of your community. it is unthinkable that whether you're professionally in politics or still volunteering, and we've seen testimony from poll workers from georgia, that you can be threatened. people can come to your house and threaten you with violence. that is just absolutely unthinkable. and for so many around trump to be his enablers in this regard is really telling about where we are as a country. one more personal note. so many of us that grew up in new york or lived in new york were looking to see if giuliani was named in this indictment because many of us had a very healthy understanding of who he really is. and to myles' point earlier, those of us who have been in new york know rudy giuliani as someone who incited a riot in city hall when the first african american mayor was seated there. many people held up signs saying, go home washroom attendant. talk about that. this is a man who created an atmosphere that got shot at 21 times. someone whose police officers brutalized and tortured louima and said its giuliani time. a man who criminalize d poverty and homelessness. that's the giuliani we know. when you couple him with a donald trump, and you think about the kind of america that they wanted to see, we talk about this all the time. elections legitimize ideology. people who win elections have the opportunity to manifest those ideas through the institutions and the bureaucracy. that's why these individuals are dangerous. that's why what they're doing and using violence as a way to get people to comply is dangerous. because we can see, and we have seen what being in office can do for the most vulnerable and disadvantaged among us. not just, not to mention what it does for democracy as a whole. >> such a profound widening of the lens. you and i have some deep but intense conversations about the added burden that exrepublicans have in eradicating what has become an extremist movement in the country. and i wonder, as you look toward 2024, as you look toward the sort of official start of the presidential primary, there is a debate next wednesday. i think trump doesn't want to show up, doesn't plan to show up, doesn't want to get rubio'd by chris christie. what is it with the added burden that you and i have for having once been a part of republican party? >> i think we have to get those voices out there. and i'll go back to an analogy that frank and i use often which is in the realm of counter terrorism. in the recommend of counterterrorism, we found that some of the best messengers to demobilize people from violence were people who were former radical individuals, and people who had been radicalized. there are folks, i don't think you or i were ever mega maga but there are folks who were full in on the maga movement and fully embraced trump but then left the tribe. those messengers are among some of the most powerful. one of them i'll point to is stephanie grisham. she was really brought into the maga movement. adored donald trump. someone like her will be listened to more by republicans than someone like me. we need to get more of those people to defect. it's never too late to do the right thing. and they create permission structures. what we used to call in counter terrorism, off-ramps from terrorism. they have a responsibility to get out there and do what's right. i just talked to someone on the phone today, one of those individuals that hasn't gone out there publicly, really probably should. i'm encouraging him to do it not because politically it is important. it could save lives. unfortunately, the story about the jurors is not an academic exercise. it is a live-fire exercise. i wouldn't want to scare them. when this happened to me. when donald trump said bad things will happen to myles taylor, they did happen. they did dox me. oopds we're talking about real threats to real people and we have to take it seriously. >> frank, i spent a lot of time erroneously looking for a circuit breaker and it never came. they didn't jump ship after good people on both sides of the rally are grabbing people between the legs. why would they break with him? mitch mcconnell's position even after donald trump went against his wife. how do you create this circuit breaker in what is increasingly an extremist movement? >> yeah. millions of americans still think violence may be the way to go to keep, to restore trump to office. what is the off-ramp? myles is on the money. all the studies show us the most successful deradicalization is offering that off-ramp. whether you're studying the white hate movement and getting people out of neo-nazi groups, or you're on the international terrorism side, trying to get people out of literally martyring themselves for their cause, they're unlikely to listen to people like me or myles. they're far more likely to eventually give an ear to people like themselves who have left that movement and are making sense to them. and it has to be constant to keep hearing it so when they're ready to receive it, that message is still there. where are those people? few and far between. liz cheney, adam kinzinger have been ostracized from their party. i've lost count of the number of gop members of congress who years ago decided, i'm not running again. that's the toll that's paid. the magic switch to flip, i don't see it right now and i'm not sure. i am certain law enforcement is not the solution. >> just a remarkable moment. thank you for being part of this conversation and starting us off. ahead, what we can expect as fulton county district attorney fani willis takes up the prosecution of donald trump. we'll be joined by someone who knows her and knows how she works. she will be our guest after a very short break. plus, a one-time top spy hunter for the fbi pleads guilty to helping a russian oligarch and putin ally. inside the stunning fall of counter intelligence agent charles mcgonegal. and president biden and the first lady will travel to hawaii. will travel to hawaii metastatic breast cancer are living longer with kisqali. so, long live family time. long live dreams. and long live you. kisqali is a pill proven to help women live longer when taken with an aromatase inhibitor. and kisqali helps preserve quality of life. so you're not just living, you're living well. kisqali can cause lung problems or an abnormal heartbeat which can lead to death. it can cause serious skin 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(chainsaw revs) (tree crashes) (chainsaw continues) (daughter screams) let's pretend for a second that you didn't let down your entire family. what would that reality look like? well i guess i would've gotten us xfinity... and we'd have a better view. do you need mulch? what, we have a ton of mulch. when the bombshell news broke that the disgraced, twice impeached, four-times indicted expresident donald trump had made the now infamous phone call to georgia secretary of state brad raffensperger pressing him among other things to find 11,000 republican votes, fulton county district attorney fani willis had only been on the job three days. the new york times magazine profile of willis from earlier this year explains, quote, the next morning, monday, january 4th, was fani willis's first day in the office as the district attorney for fulton county. my very first day in this office in that conference room, it is all over the tv. she found herself hoping the secretary of state might have been in another county when it happened, she said laughing darkly. he was not. so willis that, quote, i'm stuck with it. two and a half years after that fateful first day in the office with willis in charge of the unprecedented fourth criminal indictment for the expresident, what do we know about her and other key players in the fulton county trial? joining our conversation, keisha lance bottoms, former senior adviser in the biden administration. she's now a mental of president biden's expert council which serves as the principal advisory committee on international trade. basil is with us as well. we've had a chance to talk to you in all your roles. it is a pleasure to ask you what we should understand about district attorney fani willis. >> i worked with fani. our first jobs out of law school, we were very young attorneys and it was a community-based firm. we did it all. you could be in court arguing a motion before a judge. fani handled a lot of criminal cases then. that afternoon, might literally be on your back clearing out the copier. we did everything from a-z. when i see fani willis today, i see someone who was always determined. always fearless. and she's not new to this. fani is a seasoned prosecutor. she worked in private practice. she's worked her way up. she and i worked together in several places, actually. we worked in the solicitor's office prosecuting misdemeanor cases. we worked together representing indigent families and children in juvenile court. and then she worked in the d.a.'s office. she was one of the lead prosecutors in the d.a.'s office. she's not a pencil pusher. she's not some administrator who was elected as district attorney. she was someone under her former boss, the former district attorney, who was entrusted with prosecutoring some of the most notorious and high-profile cases in fulton county. so although that may have shown up on, early on in her tenure as the district attorney, she's not new to the office. and if i were advising the trump team, which of course, i am not, i would say the more that you try to intimidate her, the more she is going to dig in and will be determined to get the outcome that she is set on getting in this case. >> there's something in the trump era that requires the kind of whole sort of 360 resume you're describing. it's not just the experience in a courtroom. it is the grittiness and i think that's some of what you're getting at. our last segment it was attempt to dox all the jurors. she has a stewardship role for the entire process. i wonder where you think that sort of grit and strength and courage comes from. >> when you think about fani's personal story, fani's father was an attorney and he primarily raised her as a single father. i've heard her tell the stories of his idea of having her join him at work was that she had to file the, go through the paperwork and look at motions and do the filings, et cetera. so she's been trained for this her entire life. and again, as a prosecutor, she knows that from the beginning to the end. she's done misdemeanor cases in municipal court. she's represented criminal defendants. and she's also served as a very seasoned prosecutor. she has prosecuted very large cases. one of the most notorious cases in fulton county was the prosecution of several educators. a very large cheating scandal in the atlanta public schools about ten years ago. some people thought it was absolutely inappropriate that she would prosecute teachers. of course, she did not. she believed she was defending children so she's used to trials with multiple defendants. she's prosecuted rape cases, murder cases. now she is the district attorney. i doubt she will prosecute this case but i believe she will be involved in the day to day with this case. we have a multidefendant case going on in fulton county right now with the ysl young thug, a well known rapper. it is a rico case. it has gone on for several months. it has taken several months to seat a jury. it will be very interesting to see how the district attorney's office is able to manage simultaneously these multidefendant cases. if anybody can do it, i am confident that district attorney fani willis can. >> the rico laws specifically seem tailored to her strengths and her particular track record as a prosecutor. not one of us is advising donald trump, nor would we. but others have said, congressman gerry connolly said this seems particularly grave for this expresident. do you agree with that analysis? >> i certainly agree with it. from the moment i saw the first release that she was looking at this case, i knew that he would be indicted. again, as a seasoned prosecutor, i knew she would not take this before a grand jury if she did not think there was something there. she has experience with rico cases. so this is, again, not something new. this is decades in the making of experience for her. and, you know, it is unfortunate in so many ways that this is even happening. but also unfortunate that we have someone willing to take on the hard work to represent the people of fulton county and to say, i don't care who you are. i don't care what walk of life you come from. what your title is. if you do something inappropriately in fulton county, in this case, attempting to intimidate election workers, attempting to overthrow our elections in fulton county, then you will be prosecuted. >> it's a pleasure to talk to you today. thank you so much for spending some time with us. shifting gears for us, around here, a guilty plea by the one-time top counter intelligence official in new york. he admitted to working for russian oligarch and putin bestie. my cpa told me i wouldn't qualify for the erc tax refund, so i called innovation refunds. their team of independent tax attorneys will work with your cpa to determine if your company is eligible. 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united states of america by secretly assisting a powerful russian oligarch. he was previously assigned to investigate. mcgonigal pleaded guilty in court to a single count of conspiracy to commit money laundering telling the court he received concealed payments in 2021 of nearly $18,000 just as he entered retirement from sanctioned russian billionaire oleg deripaska. the new plea agreement does not include a cooperation agreement and could lead to a maximum steks of five years in prison. asked by the judge if he knew what he was doing was wrong and unlawful, mcgonigal answered, quote, yes, your honor. frank figliuzzi is back with us. he worked with charles mcgonigal briefly during their careers. basil is with us as well. frank, your reaction. >> well, so, of course, when this was first announce that had charlie had been charged, all of us got on the phone with each other that knew him, worked for him, with him, tried to figure this thing out. and we're all in shock. it's a gut-punch to everybody in the fbi when something like this happens. and i find no solace in the fact that it's rare. this kind of severity, this kind of felony of this magnitude. there are decades often between arrests like this, and thank god that's the case. i don't find any solace in that. nor do i find much solace that the investigation shows there was no real espionage. no passing of secrets. that's good news but doesn't make me feel much better. and quite frankly, while it is great news that the fbi continues to be capable of working against its own people catching the bad apples in the fbi, and prosecuting them and it happened here and it was strong enough to lead to a plea deal, i think that's great. i'm not thrilled with the plea deal. there are reports of hundreds of thousands of dollars in cash, envelopes of cash being passed around. none of that appears to be part of the plea deal. there is no cooperation agreement here. it's one count for $17,000, $18,000. something is not right with that picture, if you ask me. and i'll be digging into that as best i can. the big thing here for all of us is how does the fbi, the intelligence community at large, get better at catching the mcgonigals? how do you do that? as i study this case, it is a reminder that the fbi has a ton of reporting requirements. particularly at the senior executive level. by the way, charlie is the highest ranking fbi agent ever to be arrested for anything like this. let alone working with deripaska. how do you catch him? as best i can tell, it is garbage in, garbage out. reporting your foreign travel. he didn't. there is a lot of trust involved between your regular polygraphs which sometimes are five years or more. yeah. this happened before he got caught with a polygraph. the financial transactions. the analysis apparently, he was in between financial analysis that are required. how does someone beat the system? pretty darn easily if he's a crook and that's how that works. we have to get better at figuring that out. >> so i have no tolerance for conspiracy theories. i want you to address the questions. this wasn't some random person no one had ever heard of in american politics. this is oldeg deripaska. is that a coincidence? >> he's an oligarch multibillionaire so he's got the cash to attract an agent. but also, the agent was attracted to him. so the circles charlie is traveling in at that level, he was like a moth to a flame. there was ego plus greed here, as best as we can figure out. and russian intelligence can absolutely capitalize on that. i think charlie almost hung himself out there like this and said, i'm here, kind of thing. and they took that opportunity. wasn't like deripaska rung him up on the phone and said hey, i need your help. if cases were impacted, this whole thing is about charlie developing derogatory information on a rival of deripaska. the irony here is what charlie gave was really open source information on deripaska's rival. he stood to gain $650,000 more if he had actually located some missing money that this rival had. and again, unaccounted for, lots more money out there that we're getting reports on. but there is a duiality with charlie. whether you're talking espionage or not. this mistress, when he gets re-assigned to new york. the dressing to the nines, as it has been described when goes out on the town on a government salary. he has the family settled back in d.c. he goes to church every sunday back there. there's a duality. >> i was around the u.n. for a long time. all of these people entangled with all these russians, and exposing themselves to criminality. in this case, the top fbi counter intelligence agent. there is more than nothing the fbi could do in terms of telling its own story about policing itself. about its own ethics. and i know christopher wray doesn't believe it would appear in any of that but it is a moment and an opportunity, if as frank says, the fbi is policing itself and doing all the right things to let the public in on some of what that looks like. >> yeah. to frank's point about finding no solace in this. i feel, you're glad there are people out there that are well-meaning, that are holding, being held and holding themselves to the highest scrutiny, and they were able to suss this person out and bring it to life and get this conviction and plea. it does raise the question all of about what we've been talking about with transparency and accountability. it is a different situation, i want to be clear about that, than when we talk about the supreme court. when we talk about clarence thomas and this case, it is clear there are folks who have resources that are bent on finding ways to get close to people in positions of power or people who have some levels of influence within our government administration. it doesn't seem that this agent wall directly involved in trying to change the outcome of the election or anything like that. however, again, it just goes to show that it is possible, and we have to figure out, as frank has said. we have to get better. and we have to not, there has to be a number of people in this country who are already doing this who have to stop having a knee-jerk reaction to saying it can never be possible. it can never happen. we have to account for when it can happen and when it does happen. the consequences are so dire. this individual involved in investigating 9/11 in the bombings in tanzania and kenya at the embassy. a serious person. to see someone like that fall to this kind of influence, it is startling. it goes to show it can happen to a lot of people we need to be better about. >> i think the point, the connective tissue is that the people who love and revere the institutions have to show us what they're doing out of their love and reverence from the institutions. it can't just be, we got rid of the bad apple. it has to be this nod, to this moment of extraordinary distrust about all of it. thank you both for spending time with us and spanning this wide range of news stories today. when we come back, we'll make another turn. we'll bring you the latest from maui as the death toll from the wildfires has claimed over 100 lost souls with many hundreds more still unaccounted for. s more still unaccounted for when i talk to patients you can just see from here up when you're wearing a mask. and i have noticed those lines beginning to really become not so much moderate but more severe. i'm still wendy and i got botox® cosmetic. and i'm really happy with the results because they're very subtle, and i feel like i look like myself, but just less lines. botox® cosmetic is fda approved, to temporarily make frown lines, crow's feet and forehead lines look better. the effects of botox® cosmetic may spread hours to weeks after injection causing serious symptoms. alert your doctor right away, as difficulty swallowing, speaking, breathing, eye problems, or muscle weakness maybe a sign of a life threatening condition. do 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this is, it tops the list of worst disasters i've ever been on. >> that was fema task force leader frank taylor telling nbc news about the devastation he and his team have witnessed in the aftermath of the wildfires on the island of maui. the death toll has now reached 106, making it the deadliest wildfire in more than 100 years. tragically, authorities expect that number to actually rise. as of tuesday, just 32% of the island has been searched for victim. blaze. crews have been using cadaver dogs to scour the area. president joe biden announce told that he and first lady dr. jill biden will be there to meat first responders and government officials. joining us now, dana griffin, live for us in maui. tell me what you're seeing and what you're hearing from folks there. >> reporter: hey, nicole. right now a lot of relief. the road that leads into lahaina and beyond to west maui has finally reopened to everyone. it has been more than a week. there is a lot of frustration because people wanted to get the much-needed resources into the area. you have a lot of people in there who have lost power. didn't have water. no food. no clothes. and they couldn't leave or they wouldn't be allowed back in. they were caring for other people in the area and beyond. the governor said that he had talked to so many survivors about that concern. and that was part of the reason why he decided to open up this highway. and it took about 18 minutes at 6:00 when the highway first opened, and a line of car just two miles long flooded in. it took about 18 minutes for them to all playing it in. i think this will be a sense of relief for a lot of people. it gives them a sense that they have access to their homes. although lahaina was burned, you have other homes at higher elevations, and cities beyond. also the tourist town there. so people who are visiting the island, although many locals have asked them not to come to preserve the resources for them. this is giving an opportunity to get that access that they have definitely needed, nicole. >> i know these are the early days and hours of the investigation. but what do investigators believe led to this unbelievably catastrophic outcome and loss of life? >> reporter: so investigators have not said specifically what the cause of the fire was. but you've got a lot of people who are speculating, saying they know exactly what caused it behind his house that sparked that fire. we have not been able to confirm that. officials, again, have not said that, but three lawsuits have actually been filed against hawaii electric, alleging that they did not take the right steps to deenergize those power lines when there was a national weather service warning about those high winds. we know they were up the 80 miles per hour. and it's a practice you often see in california. when they know that conditions are ripe to start wildfires, a lot of people aren't happy, but they always say they'd rather utilities cut power and preserve lives and property than to keep it on. hawaii electric responded saying they do not comment on litigation and they say the cause of the fire has not been determined. they are seeking advice according to people familiar with this case that they are looking into getting advisers, because with this litigation, three lawsuits filed, they're going to need advice on what to do is how to move forward. nicolle? >> unbelievably tragic story there. thank you so much to nbc's dana griffin for us live in maui. another quick break for us. we'll be right back. r quick bres we'll be right back. plan. but you know what is? myplan from verizon. 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(vo) it's your vision, it's your verizon. finally for us, an update to a story that has alarmed ordinary citizens like us as well as free speech advocates all across our country. today we learned that all the items seized by police in last week's raid of a local kansas newspaper, the marion county record, have been returned. that is according to the newspaper's attorney. in addition, the search warrant used by police to conduct the raid has been withdrawn, and the kansas bureau of investigation has opened a criminal probe into the raid that made a town of fewer than 2,000 people the epicenter of the battle for first amendment protections over the weekend. on friday, officers seized computers, servers, and cell phones of reporters for the family-owned paper. they also searched the home of owner eric myer, claiming the search was justified in connection to allegations that the record had illegally obtained a private community. myer denies that claim. his 98-year-old mother, the paper's co-owner collapsed and died saturday. her son blamed the death on the stress from the raid. national news organizations, including nbc, have rallied around that paper, signing a letter to marion's police chief urging him to return all seized material them morning, the seven-person staff of the "record" returned undeterred with a headline "seized but not silenced". another break. we'll be right back. 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"the beat" with ari melber starts right now. hi, ari. >> hi, nicolle. thank you. we're going to get right into it because we have breaking news tonight. our top story tonight is new video evidence we just obtained on the now-indicted elector plot staged by donald trump and his aides. this video which we are about to air for the first time in a moment shows a key long time trump adviser planning and clearly promoting the idea of pushing electors to override the state results in places trump lost. to steal the race from biden. and that's not all. this new video obtained exclusively by "the beat" will add new information to the time line of how early trump advisers and allies were exploring these plots which went on infamously to run all the way through the