Transcripts For MSNBCW Chris 20240704

To a point. In my opinion, this trial despite what dates anybodys asking for or anything else, it is not going to happen before the election. Plus, the aloha spirit on maui, Lahaina Strong Spray painted on the side of an overpass, but that phrase is being tested every single day. The Recovery Process there painfully slow. Now a key official has resigned as authorities admit theyve searched just 40 of the burn zone. Weve got the latest straight ahead. And deadlier wildfires, record breaking heat and stronger hurricanes all tied to Climate Change, a new study now finds the massive role the richest americans have when it comes to climate emissions, but they arent the ones paying the price. Ill speak with the lead author of that study. But we begin with the move that brings to mind the old adage go big or go home. Former president Donald Trumps lawyers are now officially asking for a major delay in his federal Election Interference Trial in washington, d. C. , asking the judge to push it to april of 2026. Nearly a year and a half after the 2024 race ends, and his lawyers did it with a court filing that perfectly reflects their client, both aggressive and with a bend towards the theatrical. Comparing stacks of paper, evidence, to both the statute of liberty and the national monument, so they argue they need more than two years to prepare, and they also cited conflict created by the former president s crowded legal calendar. Fani willis wants her case on march 4th, 2024. The Hush Money Case in new york is set for march 25th, 2024, and its may 20th, 2024, in the florida case for classified documents. Were now learning that calendar could get even more crowded. The Arizona Attorney general confirming her office is investigating a possible Fake Electors case. And by the way, that promised Monday Press Conference where trump claimed hed reveal irrefutable proof that exonerates him, well, that has now been canceled, but added to the schedule, an interview right up against the republican debate. Joining me now nbcs justice and intelligence correspondent ken dilanian, former florida congressman and msnbc political analyst, david jolly, and former u. S. Attorney, University Of Michigan Law Professor and msnbc legal analyst, Barbara Mcquade. So good to have you all there. I want to start, david, with Breaking News from the New York Times that the former president plans to upstage the first republican primary debate wednesday by doing an online interview with the former fox news host Tucker Carlson. Thats according to multiple people briefed on the matter. We have not confirmed that here at nbc, although we have reached out to his campaign. Anything about that surprise you, david . It doesnt surprise me that hes skipping, but i do think remarkably we get a little bit of insights into Donald Trumps thinking around his legal peril and the politics of the republican race for the presidency, and its this, chris. You know, there was speculation that he would kind of lean in to his jeopardy in georgia, if you will, possibly even surrender himself for arrest on the day of the debate. Theres also is this notion he would hold this Press Conference where he would be talking openly about the very things that have led to his criminal allegations. But instead you saw him back off of that, and i think thats interesting because what he chose inside is a fairly typical republican activity, which is to sit down with Tucker Carlson. Now, the intriguing thing in practice is this. Weve known donald trump wants to own the news cycle around the gop debate. He can do that by just being silent and making all the others look like little candidates compared to the former president. He could do so by a major distraction. The problem with the Tucker Carlson piece is nobody knows how to watch it. I have no idea how to watch Tucker Carlson, and fox news is currently suing tucker saying youre not allowed to be doing these news feeds. Some people will see it, but will it really own the air waves and own the news cycle sitting down with Tucker Carlson for an Online Community that very few people know how to find . Well see. Lets talk about whats going on in court because that was fascinating too. Now that both sides in the Washington Trial Have made their date proposals and their, frankly, very, very, very far apart, what happens now . Well, chris, judge Tanya Chutkan has scheduled a Status Conference and a hearing on this issue for august 28th at 10 00 a. M. Where she will hear both sides argue their briefs. As you said, they are miles apart, and when you talk to legal experts about this, what they say is both sides are being a little ridiculous in terms of what they want. Jack smith asking for a trial date in january giving only four or five months for the defense to prepare, and then of course trumps lawyers absurdly suggesting the trial should be in april 2026. Trumps lawyers do make a valid point, though, in that they are receiving 11. 5 million documents. And as you said, they tried a number of ways to illustrate that. My favorite is they would have to read War And Peace 78 times a day from now until jury selection. Thats a little bit of a misnomer. The prosecution is going to give them a road map of the important documents. They do have to do their due diligence. The judge does have to give them a chance to prepare an adequate defense. Will that take two years . Of course not. The real question is whether she thinks she can schedule a trial before the November 2024 election. And were going to find out fairly soon, chris. Strategically, do you think this is a split the difference kind of move by the defense, if they put it way out there and they know where the prosecutor is, that the judge will come in somewhere in the middle and ha buys them more time, or is that just completely unrealistic and playing to their client . I think thats the strategy. There is this theory in negotiation of level setting. The place where you start ends up being closer to where you land, and so if you start by asking for the moon, oftentimes you can then say, okay, ill be reasonable. Ill settle for half the moon, have it your way. But sometimes when you go too far and too audacious then the judge or the other side can see through it. 2026, if theyd started with something in 2025, that might have sounded a little more reasonable. Its so out there that i think they may have just blown any credibility they had in asking for an amount of time. But, but, let me argue what the New York Times states, which is true obviously, that three different prosecutors want to put trump on trial in four different cities next year all before memorial day, and in the middle of a president ial campaign, and as they put it, it will be nearly impossible to pull awful. They call it i thought this was very clever a kind of game of courthouse twister. Does any individual judge have to look at what else is happening everywhere else and what may be a growing number of cases in deciding this is the trial date . Yes, absolutely. And so i think they have to look at what else is on the calendar. For one thing, this maralago trial is set for may, and so you have to think about how long that trials going to take and giving the parties time to prepare for that. The georgia indictment, thats going to take a couple of months to try, and so to try to squeeze that in, you know, to march before this other trial in may, i just dont know that the timing is going to line up. And so i think judges must be mindful of all the other things on the calendar in court, you know, not necessarily whats happening on the political calendar. So lets talk about the politics of this, david, and im going to paraphrase our good friend Joe Scarborough from this morning, and that is that, look, if youre innocent youd want to get this out of the way before people start voting. Youd want to show them i didnt do anything wrong. There is no hesitation you should have about voting for me. Is he right . Yeah, i have a different take on this politically, and i think this filing look, there are legally prudent reasons that a court has to consider these requests, as ken and barb have suggested. I think if there is any political indication here, its this, we know that donald trump does not want any trial before the republican nomination is shored up sometime in march. And the calendar is likely on his side. He could push things likely past march, but the notion that there could be a trial next summer in one of the four matters, certainly that probability begins to increase. If youre donald trump, all of the indictments right now have you up 30 points. The idea of the trial is an uncertainty. Its a risk. And in the republican nomination race, it was clear donald trump doesnt need or want to take that risk. Hes happy to run on the indictments and stay up 30. The question is in a general election is he willing to put his freedom on the line ahead of a november general election. This suggests notwithstanding the amount of documents and the legally prudent reasons for this request, this suggests that donald trump is happy to take the indictments through next november and actually probably doesnt want a trial going into the general election. Lets also talk if we can, david, about the decision to cancel that new jersey Press Conference where he was going to exonerate himself with this,ing i dont know, these documents that were going to show he didnt do what hes accused of doing. Is he maybe finally listening to his lawyers . What do you think happened here . Look, ken and barbara cover his Legal Affairs as closely as anyone, and donald trump is never someone to listen to his lawyers, so to think that maybe this week he listened to his lawyers, who knows. I dont think thats ever the case with donald trump. I do think we see him periodically, thinks just get too hot politically. If you go back to this idea that now hes going to do a sitdown with tucker. I think donald trump said maybe leaning into the georgia indictment and leaning into the conspiracies during the debate is not actually the contrast i want. Its a little too close to the fire. I dont have to do that, and so he drew back. You see donald trump do this a lot. Its a lot of bluster, and then when the heat comes, he steps back. I think thats why he canceled. Can we talk about the other thing, little thing thats going on monday, which is in a courtroom with judge chutkan, and her warning previously about him making incendiary statements, which raises the question potentially if youre his lawyer about doing an interview with, you know, the former fox host, having said that, she warn him that if incendiary statements were made, she could actually set an earlier trial date. What will she weigh in making that decision . So shes in a really tricky spot, chris. I mean, on the one hand, some of the things he said already seem incendiary to me going after potential witnesses. Hes talked about mike pence. He talked about the former Lieutenant Governor in georgia on his truth social postings. I mean, it strikes me as east already gone incendiary, calling jack smith deranged, but i think that the judge has to be careful about the consequences of that. If she moves up the trial date as a penalty for him, i think theres an issue on appeal about whether he was given due process for adequate preparation time. So you know, it might put him on a shorter leash, but i dont know that she really has the ability to follow through on that. The other thing she can do is to jail him. That really plays into his whole victim hood for political persecution, that he would use that as further ammunition for his political success. So i think shes in a little bit of a trick box here in terms of her ability to really put teeth in this other than to say i really, really mean it. Let me ask you, finally, to go back to where we started, if i can, david, which is assuming that this happens, that the Tucker Carlson interview happens because i would say you could maybe state that donald trump could be a bit mercurial, but if it happens, how does that change the strategy for anyone else whos on that debate stage . Yeah, i think its coming into focus here. Donald trump next week has likely decided he does not want to play the role of the victim of the deep state. This weaponization thing perhaps is not the narrative he wants when everybody else is on stage. He wants to be the heavy weight former president whos above it all. I think thats what hes trying to achieve with tucker. He can be that former president above the rest of the folks on the stage. The obvious data for every candidate on the stage next week is you cannot attack donald trump. The closest i think youll see them get is he hasnt won and he cant win. There are too many distractions so look at me. We saw in Kathy Barnett in the Pennsylvania Senate race a fascinating tactic on this. Which is when she said maga doesnt belong to one person, it belongs to all of us. I love donald trump and i hope youll let me be a vessel for maga as well. Id look for variations of that theme on the stage in the gop ke bait. I used the word mercurial, we havent confirmed anything on our end responding to the New York Times reports, which is citing several different sources. So, again, we are reaching out to both the Trump Campaign as well as Tucker Carlsons team. Well keep you posted. Former congressman david jolly, thank you. Barbara mcquade youre going to stay with me. And coming up in just 60 seconds, one day after defending his decision to not sound the emergency sirens, mauis top official has resigned. How residents are responding and their message for tourists as they try to heal next. Heal next. bridget with Thyroid Eye Disease i hid from the camera. And i wanted to hide from the world. For years, i thought my t. E. D. Was beyond help. But then i asked my doctor about tepezza. vo tepezza is the only medicine that treats t. E. D. At the source not just the symptoms. In a Clinical Study more than 8 out of 10 patients taking tepezza had less eye bulging. Tepezza is an infusion. Patients taking tepezza may have infusion reactions. Tell your doctor right away if you experience high blood pressure, fast heartbeat, shortness of breath or muscle pain. Before getting tepezza, tell your doctor if you have diabetes, ibd, or are pregnant, or planning to become pregnant. Tepezza may raise blood sugar even if you dont have diabetes and may worsen ibd such as Crohns Disease or ulcerative colitis. Now, im ready to be seen again. Visit mytepezza. Com to find a ted Eye Specialist and to see bridgets before and after photos. Mauis top Emergency Official has redesigned. Herman andaya citing health concerns, as wildfires spread throughout the island killing at least 111 people. Officials estimate 1,300 are still missing with shell shocked residents listing the names of loved ones on this google spreadsheet, adding markers for people found and those still not located. They say theyre only just beginning to wrap their minds around the depth of this tragedy. A lot of us havent even had time to grieve. Were just slowly getting out of the survivor mode. As some in maui ask for Space Urging Visitors to stay away, theres also growing concern for the islands economy. 70 of every dollar is tied to tourism. Nbcs dana griffin is on the ground there. Dana, what more can you tell us about this officials resignation and the independent investigator being brought in . Reporter herman andayas resignation comes as the independent investigator will now look at the critical decisionmaking, the policies, and also actions taken the day of the fire to see if there was anything that could have been done differently. Weve heard such criticism from the people of maui as far as enough water being released to make sure that it could fight the fire, the sirens were sounded. Herman andaya says he did not sound those sirens because he thought that it could have prompted people to go toward the flames because those Tsunami Warnings are often used for people to seek higher ground, but residents argue that the sirens would have alerted their elderly relatives to at least go outside and look around that would have given them an opportunity to escape according to a lot of people. Hawaiian electric is also under scrutiny for possibly not deenergizing power lines and possibly one of its power lines causing the fire. Theres video circulating online, the company says that they are looking into the allegations, but they are not commenting on the pending litigation. Theres a lot of frustration from people here who are also looking for the missing. I would love to see government assistance, and i think that ball is very slowly starting to roll. We lose our family, friends, our houses, everything. We all you see right hear, thats the Community Coming together all the time. We just have to keep going. Reporter 111 people have been on firmed dead, up to 1,300 remain missing. Right now 58 of that decimated area has been searched. The governor hopes to reach 85 by the weekend. Back to you. Under threat of yet another wildfire, the entire capital of canadas northwest territories, yellow knife is under evacuation orders. The deadline for all 20,000 residents to leave yellow knife was just in the hour, with the fire threatening from just nine miles to the northwest of the city. Officials say Wind Direction is helping to slow the blaze, but it still remains a threat and could reach the outskirts by saturday if there is no rain. In the meantime, the city of alberta set up three official evacuee Reception Centers for those leaving by road, though the closest one is 680 miles away. Some were flown to calgary where Officials Say they can accommodate another 5,000 people. And still ahead, a Foreign Policy win for President Biden, a Trilateral Summit with japan and south korea. How the camp david meeting could help warm up historically frosty relations between the two countries. Plus, the man accused of killing four idaho students is back in court today, the motions the judge is considering including the trials start date. Youre watching Chris Jansing reports only on msnbc. Ever notice how stiff clothes can feel rough on your skin . For softer clothes that are gentle on your skin, try downy free gentle downy will soften your clothes without dyes or perfumes. The towel washed with downy is softer, and gentler on your skin. Try downy free gentle. 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Get way more into what your into when you stream on the xfinity 10g network. Right now an historic and potentially Game Changing summit is taking place at camp david. President biden is hosting the leaders of americas two closest asian allies, japan and south korea. A meeting designed as a show of force against growing provocations from china, north korea, and russia. Nbc news chief White House Correspondent Kristen Welker is at the white house for us. Kristen, weve never seen a meeting quite like this one. What are we expecting . Reporter chris, youre absolutely right. This is the first of its kind. Its also the first time that President Biden is hosting foreign leaders at camp david. We are expecting some deliverables. As you say, this is a show of force in the face of an increasingly aggressive north korea and a rising china. So we anticipate these three leaders will announce new annual military exercises, intention sharing agreements, as well as whats being called a threeway hot line. This would basically allow these leaders to communicate in the case of a crisis. The backdrop to this, chris, is not insignificant. It is a part of story today. One Senior Administration official talking about the importance of camp david and described it this way. Quote, camp david was chosen quite carefully. I think theres a recognition that the venue is reserved for only the most important and significant such meetings. This official went on to cite the peace talks with israeli and palestinian delegations under former president clinton as well as the critical talks that took place at the end of world war ii. Now, china is responding already quite critical of this summit saying that they see it as a provocation, that it could backfire, but to go back to where you started this conversation, chris, from the perspective of President Biden, this is being viewed as a Foreign Policy win, particularly coming against the backdrop of his reelection campaign. The three leaders will be holding a joint Press Conference a little bit later on today, so well be watching and listening quite closely to what they have to say. But again, symbolism and Policy Unfolding At Camp David at the same time, chris. Kristen welker, so much appreciated, thank you. And coming up next hour, ill speak to Washington Post columnist David Ignatius about this threeway alliance that he calls a small miracle and how the Biden Administration is building a Foreign Policy framework to last. Another bus from texas carrying migrants has arrived in downtown los angeles. This is the eighth one just since june. That bus part of the ongoing political feud between Texas Governor abbott and blue states including california, aboard, 14 families including 12 children, the youngest just 9 months old. Following their arrival, the migrants were taken to a Reception Site in chinatown where they were offered medical checkups and legal help. According to l. A. Welcomes collective, a total of 323 Asylum Seekers have now arrived from texas in just the last few months. And in kentucky, students in the states Largest School district, Jefferson County are back in the classroom today. You might recall that thats where there was a disastrous start to The School Year last wednesday. The Bus Route Schedule malfunctioned and left some students stranded, some of them not getting home until 8 00 or 9 00 at night. On tuesday night during a Heated School Board meeting, the districts superintendent accepted responsibility for the transportation meltdown. It was about not anticipating these approximate, and they should have been anticipated, and they should have been taken care of over the summer months. There is no doubt about that. I take responsibility for not asking the tough questions and not being as involved in the oversight as i should have been. According to officials, todays return is part of a staggered reopening that will stretch into next week as administrators reboot a new bus schedule. And up next, california bracing for Hurricane Hilary as it strengthens to a category 4 storm, well look at the hurricanes latest path and the significant impacts it could bring to the southwestern u. S. Plus the author of a new study on Greenhouse Gas emissions, talking about the staggering emissions the richest americans are having on the planet. Youre watching Chris Jansing reports only on msnbc. Ching cg reports only on msnbc while an Earnings Tool helps you plan your trades and stay on top of the market. E trade from morgan stanley. 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David its an innovation thats transforming our public schools. Narrator californias Community Schools reimagining public education. Tonight a category 4 Hurricane Hilary is moving in on the west coast. The first Time Los Angeles has been in the cone of a Tropical Storm since the modern cone system was even introduced more than 20 years ago. Stark warnings are plastered across the headlines, predictions of high winds, heavy rains, and floods that could result in some dangerous situations. Im joined by nbc meteorologist bill karins. Just how bad might this storm be and where . Youve been in l. A. For earthquakes, wind events, wildfires, dont you feel the need to be there for a Tropical Storm . Nope, i do not, and i dont think anybody there does either. No, they dont, but everyones going to live through it, and theyll probably have some stories to tell. The storm itself, its as powerful as its going to get right now. Looks like a buzz saw, this is almost what ian was like when it went into florida last year. Thankfully its going to weaken as we go throughout the next 48 hours, but its so big and powerful its not going to weaken quickly enough that by the time it gets to Southern California it will likely be a Tropical Storm. A middle Tropical Storm. And when you have winds of 40 to 50 to 60 Miles Per Hour in areas that are used to santa ana winds, i dont expect a ton of wind damage. That leaves the water as the Biggest Issue. And you could notice where that cone is, still including l. A. , the big thing that happened with the 11 00 advisory was that san diego up to malibu, all the coastal areas under a Tropical Storm watch. Thats never happened before, and thats where were expecting the possibility of up to 60 Miles Per Hour winds. Seas will be 5 to 8 feet. Theyll be rough. It will be choppy, everything youd expect. The wind will be out of the east blowing the water out away from the coast. So thats good. The Biggest Issue and the biggest threat to life and property is going to be water. This is almost going to be like a big winter storm, but unfortunately its going to come quicker than the Winter Storms that happened in california. Some areas in the mountains could get up to 3 inches of rain in an hour, so a lot of the mountains dont have the vegetation and trees on them. A lot of that is going to cause severe Runoff Problems on the eastern slopes. Im especially concerned with the santa rosa mountains. This is where the Cleveland National forest is, the sunrise highway, the eastern slopes. Those are more unpopulated. Theres still some small towns. Those are the ones im most concerned with. There will be minor problems with debris flows, and areas with burn scars, but its this area from palm springs south wards, this pink shade here thats pretty rare to get into a high risk three days in advance. That means we expect exceptional amounts of rain and lifethreatening Flash Flooding in this area. Purple color goes to death valley and las vegas and thats the area where we could see Flash Flooding. That will be the story sunday night, early monday. How bad was the Flash Flooding. Bill karins, thank you for that. Liz, first, welcome to the nbc family, but any signs of people prepping for this . What are you hearing from officials there in l. A. . Reporter yeah, chris, thank you. I grew up in Southern California. Im from san diego. This is completely unprecedented. Never seen anything like this. In fact, its the first time ever, as you mentioned, that a Tropical Storm watch has been issued for Southern California. So i think a lot of folks here are just sort of waking up and getting the news and realizing, oh, a storm is coming. As you can see right now, its warm, its sunny. Its typical Southern California, los angeles weather right now. People likely on vacation going to the beach, having a lot of outdoor plans this weekend. In fact, we did reach out to the San Diego Padres since san diego is supposed to be one of the areas most impacted by this heavy rain. Right now theyre still expected to play at petco park but they will let ticket goers know if that plans to change. Other areas are already closing and cancels events. Joshua tree, the famous National Park in the coachella valley, theyre closing some areas at risk of flooding and telling visitors to be cautious and aware. At seal beach in Orange County south of los angeles, folks are giving out sandbags there to the communities, and thats something were seeing across the region, from the coast to the mountains to the desert, sandbags being given out. This is a lot of people and a big, big area that could potentially be impacted and a big area filled with folks really not used to this here in Southern California, especially in august, chris. Liz kroits, thank you so much for that. There is strong Scientific Evidence that these intensifying hurricanes are the result of Climate Change. As one writer put it, warm air is hurricane food. And a new study shows the Warming Planet is doing Something Else too, exacerbating the stark divide between those who benefit most from fossil fuels and those who are most burdened by its effects. It concludes that the richest 10 of u. S. Households account for 40 of u. S. Climate emissions. The lead author of that study, jared star from the University Of Massachusetts Amherst joins me now. Thanks so much for being here. I know were all familiar with Income Inequality, but tell me how does that tie into carbon inequality . Hi, chris, thanks for having me on. Were really pleased to share our work today. So we looked at the emissions associated with income, so we typically i think a lot of people often think about Carbon Emissions associated with things that you buy, and so sort of consumption based lens. With this study we wanted to understand how a generation of income produces emissions, and so we looked at all sorts of sources of income, looked at peoples wages. We looked at investment income, and we got a pretty startling result in the end about how unequal this distribution of emissions is when you look at the production of income in american society. Let me talk about one aspect of it. The folks you call super emitters who are those with extremely high overall Greenhouse Gas emissions corresponding to the very richest, about 1 10 of 1 of households. How and maybe if you know the answer to this, why . Well, it comes down to largely the fact of just how unequal the Income Distribution is. And so here were looking at the emissions associated with the production of income and so that 0. 1 , that top 0. 1 of the Income Distribution just captures so much income and wealth that the amount of emissions that are required to produce that income is quite staggering, and so we often think about i said earlier the sort of consumption based and we think about companies produce things for consumers, consumers responsible for the emissions used to produce that, but if you think about why companies actually exist, they exist to create value for shareholders, and so the way that they create that value is by producing these goods and services. And to do that they produce emissions, and so ultimately these emissions are really being generated to create this value for shareholders and when you look at that top 0. 1 of the Income Distribution, theyre getting a lot of income from wage, but theyre actually getting the majority of it from ownership of assets, things like stocks and bonds. You have a website where you aim to connect the General Public to scientific information, and its arguable that this summer specifically the extreme weather that millions have endured might enough to push for change. We know, for example, when youre talking about this Income Inequality that the richer you are, also, right, the more powerful, the better connected, that may be part of this equation. But for the average american, jared, what are they not doing that you think they could do to spark action on Climate Change . Because i know you must get this question all the time. Yeah, sure. So i dont want to come here and say that as consumers we bear zero responsibility. Im not going to absolve us from any responsibility in the role that we play as consumers. But as consumers, we often have limited choice about the sort of decisions that we can make, were constrained by things like time, the amount of money we have, the sort of products that are available to us. And so were quite limited in that sense. If you are in a position where you can make lower carbon choices, thats great, and you should do that, and so thats something that all of us can do, but with this study we wanted to look at that income piece, so one way that we exist in the world is through the things that we buy. Another way that we exist in the world is through the companies that we earn wages from and sort of Investment Decisions that we make. So if youre, lets say, sort of havent paid attention to your 401 k account and youre passively invest instead an index, you might want to decide to switch some of that into more sustainable funds that isnt so that isnt reaping profits from fossil fuel intensive activities. You can make better consumption choices. You can also make choices related to certain investments that you make in life, but again, because of this staggering, absolutely staggering difference in the footprint of the really top income americans, i think theres a lot of responsibility there in terms of putting pressure in the right place to provide incentives for those people, those investors, the people On The Boards of companies, the people that are executives of companies, i think we need the right economic incentives in place so that creating pollution isnt profitable. As long as its profitable, its going to happen. And thats as the story that you had just before about the extreme weather events, those are going to keep happening because we keep producing these Greenhouse Gas emissions, and as long as its profitable to do so, i assume that people will keep doing it. I think we need to change the economics of that. This is such an important and revelatory study, jared starr, thank you so much for coming on the program to talk about it. Appreciate it. Thank you, take care. After the break, idaho murder suspect Bryan Kohberger is about to be back in court. What his defense team is doing to Cast Doubt On Key dna evidence against him. Also coming up next hour, more on the new reporting from the New York Times on former president trumps man to upstage next weeks republican debate. What this move says about his strategy going forward. Youre watching Chris Jansing reports only on msnbc. S only c somedays, i cover up because of my moderate to severe plaque psoriasis. Now i feel free to bare my skin, thanks to skyrizi. uplifting music nothing is everything im celebrating my clearer skin. My way. With skyrizi, 3 out of 4 people achieved 90 clearer skin at 4 months. In another study, most people had 90 clearer skin, even at 5 years. And skyrizi is just 4 doses a year, after 2 starter doses. 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The defense is pushing for more information from the prosecution relating to the Genetic Genealogy the prosecution alleges it used to tie Bryan Kohberger to the crime scene. Kohberger is also challenging the validity of the grand jury indictment, while the prosecution is pushing the defense for more information on that alibi that kohberger provided in Court Documents earlier this month alleging that at the time of the murders he was out driving alone. The prosecution wants to know more information about that. The prosecution also accusing the defense of stalling these proceedings, asking the court for a clear schedule, and that clarity very much on the minds of the families of the victims. We have a Statement Issued prior to the proceedings from the family of 21yearold Kaylee Goncalves saying quote, theyre hopeful that the judge will begin making some decisive and necessary decisions on the multiple motions filed regarding discovery, the alibi, filing deadlines in order to keep this case on track for trial in october, especially since the defendant has not waived his speedy trials rights. Members of the goncalves families are present for this hearing. Theres also a zoom link for other families to watch. Lets talk about the alibi motion. Prosecutors argue, he has to provide his exact whereabouts that night and any witnesses who can support his alibi. The defense says the court should exempt him from further inquiry and said he is, quote, prepared to provide further detail in an ex parte hearing in court. Help us unpack that, what it means, and what the law says about that. Ordinarily a defendant doesnt have to provide any information at all to the government. Its the governments burden to prove the defendant guilty beyond a reasonable doubt, but theres a different rule when it comes to Alibi Defenses and thats because its so easy to fabricate an alibi defense. You can listen to all the evidence at trial and say i wasnt there and put on some witnesses. The rules are different when it comes to alibi testimony. You do have to provide the place that you were and the witnesses who will testify that you were there. I dont think this offer for an ex parte hearing is going to cut it because the prosecution gets that information in advance so that they can go out and test it and find out whether this is true or not, whether these witnesses are really going to say those things, and to be able to rebut it, to find other witnesses who can say to the contrary, i imagine the only thing at work here is cell site Location Information that can tell where his car was based on his cell phone at certain times. Theyre entitled to information and dont have to be blind sided by it at trial. We know the defense has filed information about a dna expert who will challenge the Prosecution Finding Of A Dna Match to kohberger on the Knife Sheathe that was found near one of the victims. Dueling experts, nothing new in a murder trial, but this one piece of evidence, how important could it be . Sure. A Defense Expert is entitled to have sufficient evidence so that they can kind of redo the analysis and be able to testify whether the analysis of the governments expert was valid or was flawed, and so they do need sufficient evidence there. There is a Counter Argument when it comes to dna evidence about making sure youre protecting the privacy of other samples that might have been examined. He can look at the dna, his clients dna and he can look at the sample that was taken, in terms of going beyond that, it could be a stall tactic and an effort to throw out the evidence. Barbara mcquade, great to have you on the program, thank you, barbara. Thank you, chris. Signals of a covid resurgence, whats behind the jump in hospitalizations, and when will we get that new Booster Vaccine . Youre watching Chris Jansing reports only on msnbc. Ports oc game today . hero fan uh, yea. I have to watch my neighbors Nfl Sunday Ticket. josh allen its not your best plan. But you know what is . Myplan from verizon. Switch now and theyll give you Nfl Sunday Ticket from youtubetv, on them. hero fan this plan is amazing josh allen another amazing plan, backing away from here very slowly. fan 1 that was josh allen. fan 2 mmhm. 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. Subways now slicing their meats fresh. Thats why subways proffered by this champ. And this future champ. And if we proffer it, we know youll proffer it too. Hes cocky for a nineteen year old. 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As we approach the fall season, Covid Hospitalizations are on the rise again across the country, and Health Officials are blaming new variants for the uptick. Nbcs Anne Thompson has the details. This summer, most americans left covid in the past, gathering together once again mask free. But tonight, signs of a covid resurgence, across the country, Covid Hospitalizations jumped more than 14 in the most recent week. But far lower than pandemic levels. Nbc news medical contributor, dr. Kavita patel. Whats behind this uptick in covid that were seeing . The main driver of this is a variant thats relatively newer to the scene, eg5. Its easier to give and get, that makes it kind of easier to pass along. Reporter its been a year since the last Covid Booster came out. Cdc director, dr. Mandy cohen. The new booster is expected to be approved by the fda and make recommendations by the cdc the second or third week of september. Reporter will it protect the against the new strain . Yes, it is tailored to what we are seeing circulating now. Reporter critics say the federal government is behind now. Why dont we have a booster today, why do we have to wait until last month . Just like we do with our flu shots, we look at the way the virus changed, they look and evaluate that. The fda is doing its work. We likely will see this as an annual covid shot just like the flu shot. Reporter just in time for fall when well also face rsv. Reporter can you the flu shot, rsv and covid all at once . Rsv is only available for older adults. Talk to your doctor about whats right for you. Reporter Anne Thompson, nbc news. We have a lot to cover in our second hour of Chris Jansing reports. Lets get right to it. At this hour, hawaii hiring an independent investigator as outrage grows over the states wildfire response. 111 people now confirmed dead. 1,300 still missing. Could more lives have been saved . Is he take the advice of his lawyers . Former president donald trump