a week and a half after the deadliest wildfire in modern u.s. history, hundreds of people are still missing. the death toll is in the triple digits. we still don't know what sparked it all. and a little later, we'll talk live to an emergency room doctor who jumped into action to save survivors, and why he says it felt like a war zone. and later on, seized but not silenced. a small town kansas newspaper raided by police is back in business and not backing down. i'll talk to the papers attorney about why this is being called an attack on freedom of the press. all of bathrooms more is coming up. ♪ ♪ ♪ and a good saturday morning to you all, i'm katie phang. we start this hour with two sobering moments for america, and the arrest warrant is out for a former president of the united states, and he could have a mugshot by this time next week. donald trump and his 80 codefendants have until friday at noon to voluntarily surrender at the fulton county georgia jail. but he is trying to delay accountability once again. nbc news reporting he isn't expected to surrender before thursday. trump and his top allies, including former white house chief of staff, mark meadows, were indicted on dozens of federal needs state charges last monday, including rico. they're accused of orchestrating a quote, criminal enterprise to reverse the results of the 2020 presidential election in georgia. fulton county d.a., fani willis, has proposed a arraignments for the all the defendants to take place that week of september. fifth with a trial date of march 4th, 2024. that would put the republican front runner on trial one day before super tuesday. it appears the now quadruple indicted, twice impeached, one term ex president is feeling the pressure. he canceled a press conference set for monday, where he promised to bring forth quote, a large complex detail, but irrefutable report on the presidential election fraud, which took place in georgia. of course, now, he is claiming his lawyers would rather present this so called evidence in legal filings. trump's insistence on continuing the big lie, however, is dangerous. the fbi is joining the investigation into alleged threats against the georgia grand jurors who indicted the ex president. they are purported addresses and phone numbers were leaked and shared on right-wing websites. nbc news correspondent julie tsirkin is live in fulton county, georgia, for us this morning. julie, good morning. i know you're right there outside of that race street jail, law enforcement sources telling nbc news that trump will turn himself in at the jail by the end of next week. so, how will this booking be different from his previous three bookings? >> yeah, katie. good morning. well, look. when the secret service gets involved, especially when i have to do with the former president, all these intentions at the sheriff here has to treat trump as any other defendant, any normal criminal defendants that they have, every single day here, might go out the window but. according to the sheriff here, he plans for the booking process for trump to be complete with a mugshot, something we haven't seen in the other three indictments, including those two federal indictments against the former president. lucky, said that at that story is joe behind me, which the doj opened a civil rights investigation into because of the conditions here, because of overcrowding, here he said trump will enter this jail. he will be fingerprinted. he will have a mugshot, and then he will wait to be processed, like any other defendant. some of the defendants here, criminal defendants, take up to 12 hours to be processed because of the nature of this jail. i want to tell you, also, katie, that a seventh inmates has died just yesterday in this prison. so, this is not a jail that has conditions set for anybody, normal criminal defendant, let alone the former president. but that's currently the plan. we'll see if it sticks. >>, so as well, julie. the fbi has announced its now during the fulton county sheriff's office to investigate threats that have been made against the grand jurors after they were docked online. do we know anything about these threats? >> yeah, this is something that is just heartbreaking, because these are irregular, private citizens doing their job. the state, though, is interesting because it's different to other indictments here. here, they publicize the names of the members of the georgia grand jury on the indictment, which went unsealed, it was open to the public. and some right-wing supporters off the former president took to fringe websites to reveal even more personal identifying information, including addresses, social media handles, even, in some cases, photos of these members of the georgia grand jury. of, course the former president taking to truth social calling out not the specifically the members of the jury here, put the judges in his other cases, and that the a, fani willis, here. and supporter certainly going on offense. one of the writing in the house nbc news has obtained saying, quote, these jurors have signed their death warrants by falsely indicting president trump. you mentioned the fbi is taking this seriously, because after a texas woman was charged justice we are making death threats to tanya chutkan, the judge overseeing trump's federal 2020 election interference case. now, the fbi certainly paying attention to this situation, local law enforcement officials working with federal partners, releasing a statement yesterday saying individuals found responsible for making threats in violation of state and or federal oz will be prosecuted. katie? >> julie tsirkin, thanks so much for getting us started this morning. stay safe. during we need to continue the conversation on trump's only legal cases is joyce vance, msnbc legal analyst, former u.s. attorney in alabama, law professor at the university of alabama, and a co-host of the has texas there's in law podcast. joyce, my friend, thanks for joining us. let's start with the federal election interference case for donald trump. so, donald trump's team is proposing and april 2026 trial date. i know it brought some chuckles and some laughs and a lot of the region when that was announced. but you know, joyce, there is a march 2024 manhattan d.a. trial that has already been scheduled. a. may 2024 trial that's been scheduled, and now, fani willis. we'll get to that in a minute. fani willis wants to go to trial as soon as january. so, joyce, how does this work, necessarily? because special counsel jack smith is on the election interference case and the classified documents case. those would maybe be stacked like, one next to each other. how does this actually get navigated? how realistic is it that trump is weighing in the april, 2026 trial? >> so, i think for starters the april 2026 suggestion was just out of bounds. it won't take that long to prepare for trial. even if all four of these cases try one after the other. our friend, katie barb mcquade reminded me yesterday of a cartoon with a man holding a phone up to his ear and saying, never! how about never? that's what this trial dates make us think of. this is trump's effort to put things off and definitely. the judge won't let him get away with that. >> just to remind our viewers, judge tanya chutkan in the election interference case, august 28th, will actually be setting the trial date. we'll actually have some clarity to that as it comes up. there were some reporting, joyce, i happened yesterday. and -- she's, roee could be wrong, but i like that name. so, kenneth chesebro, there's actually video of him on january six outside of the u.s. capital. he is one of the architects of the big lie election fraud scheme that donald trump deployed. you know, he's an unindicted coconspirator and that election interference indictment. there were six of them we know about, joyce. now that we're seeing stuff like him being present on january six, do you think that actually nudges him closer to being actually charged and not remaining as just an unindicted coconspirator? >> so, in my view, anyone who is an unindicted coconspirator in a federal indictment is at risk of being indicted and, unless there are cooperating individual. no indication that she's burrow is in fact, cooperating with the government. and katy, is so intriguing. the release of these videos, because it raises more questions than answers. if he, for, instance in some ways a link between the violence that took place on january six and this group of lawyers and their suits coming up with legal proposals for using fake slates of electors? we don't know the answer to that question. jack smith has a grand jury and the subpoena power, and ultimately, he either knows the answer to that question already, or can find it out. >> i've got about a minute in this particular. block the want to talk to you about the classified documents case. there are now challenges by special counsel jack smith, asking for something called a garcia hearing, because stanley woodward, who represents walt nauta heads, conflicts of interest in terms of potential witnesses that will be called that he has represented. now, we're hearing that john oliver, excuse, me john irving, represents -- carlos riviera, -- because you got see represents three witnesses who provided incriminating evidence against the oliviera. i will the spin of lawyers in the trump world? >> you only have a minute, but this is a very important issue, because what a lawyer represents a defendant in that criminal case and another person who is a witness, you can't expect that lawyer to vigorously cross examined the witness who is also his client. it is a direct conflict. it's a little bit surprising that both nauta and de oliviera are in this situation. a garcia here and gives everyone the opportunity to go into court. the conflict is explained to the defendants on the record. they can wave it and proceed with a lawyer suit will be unable to fully represent them, but wife defendants are defendants who are at least, properly advised by a judge. this is often a moment where they realize they have a decision to make. an important one. we'll see what the outcome of the garcia hearing here is. you know, there have been complications in trump world with figures who are unable to afford their own lawyers. so, they rely on lawyers who are provided for them. in this case, very fine lowers. lawyers who are in a bad situation with multiple clients. this will be a chance for her to straighten that out. >> all that saying, you lie down with dogs, you get up with police sometimes, right? joyce vance, couldn't go anywhere. we have the privilege of your time for another block. we are going to pick up this conversation i focus on fulton county, after a quick break. you're watching a special extended edition of the katie phang show, only on msnbc. only on msnbc. age is just a number, and mine's unlisted. try boost® high protein with 20 grams of protein for muscle health versus 16 grams in ensure® high protein. boost® high protein. now available in cinnabon® bakery-inspired flavor. learn more at boost.com/tv (ella) fashion moves fast. setting trends is our business. bakery-inspired flavor. we need to scale with customer demand... ...in real time. 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um, it's called commitment. could you turn down the volume? here, you can try. get way more into what your into when you stream on the xfinity 10g network. wow, you get to watch all your favorite stuff. it's to die for. and it's all right here. streaming was never this easy, you know. this is the way. you really went all out didn't you? um, it's called commitment. could you turn down the volume? here, you can try. get way more into what your into when you stream on the xfinity 10g network. >> so, we have the privilege of having joyce vance back with me. joyce, many people know that you are a professor of law at the university of alabama, and with removal as you came up by marquette in the fall to get the case i didn't think for a second that there would be anybody that would be better than you for us to walk through. it's so, let's go to school. let's educate our viewers on removal. so, mark meadows, on august 15th, filed something called a notice of removal. he's claiming that he was a federal official at the time of the common that's being election the indictment that is brought by d a fani willis of fulton county. he is saying that a state prosecution should not happen because of a federal statute valence him to take that state prosecution and remove it into federal court. within 24 hours in a bomb appointed judge, steve jones, up in the northern district of georgia, says you know what? i actually want to have an evidentiary hearing on this issue, and i'm setting it for august 28th. so joyce, let's talk about why this is such an important issue. because i know that donald trump and rudy giuliani and others are going to make this claim as well to get this state outside of the state in the federal system. >> right, so that's exactly what happens. mark meadows is the test balloon here. he has maybe the strongest argument for doing this, but it's still not a very good one. this is a statute applies to both federal and civil cases. a federal official, who gets sued in state court, gets prosecuted in state court, can ask to send that case to federal courts. it is still a state lawsuit under the same state statue, but it's decided by a federal judge and the whole gist of this entire procedure is that the person who's being sued in state court or prosecuted in state court, has a uniquely federal defense that they can't use in state court, so, that would be unfair. if you get the case into federal court, they can use that defense, and in many cases, it will dispose of the matter entirely. that's the argument that meadows is making. he says that i'm immune from prosecution as a federal official. this case should either be dismissed outright, or it should be transferred to federal court. so, i can make out that the fence. >> so joyce, on august 28th, if judge jones does is evidentiary hearing in federal court, as a trial lawyer, evidentiary hearings require evidence. you can't actually have hearsay and committed. so, is there a risk for mark meadows to have to take the stand in some way, he put under oath, and testified to the nature of his conduct? and how that actually was when he was a federal official? >> it's an interesting question. meadows is a criminal defendant. he has a fifth amendment right to assert, but he also has what lawyers call the burden of proof. he has to make out the elements of this case for removal. he has to show he was a federal official. that won't be in dispute. but he also has to show the actions that he took, that the government that georgia prosecutors are using to indict him, but those or actions he took on the color of law, and in connection with his federal job. a lot of fancy legal east that simply means he was doing his job when he engaged in the conduct georgia prosecutors say is criminal. then, of course, he has to make out this color defense. he will argue immune from prosecution, because i was just doing my job as the former presidents chief of staff. and even now, how do you go about proving some of that? he's made legal arguments. much of this will be legal. will he have to offer up facts? we'll see how that hearing will play out. but this isn't fani willis's first tripped of a ballpark on this one. she has had motions to remove her cases in the past. one, notably, that was removed in federal court, and that was in a situation that presents a much better case for removal. a case involving federal agents who are accused of committing crimes in connection with carrying out their official duties. agents serve a warrant. there's an altercation, they fire shots, they're charged in georgia. based on the outcome. and then they say wait a second, or federal officials. we were actually doing our job under federal law. so, we should be immune from suit, should the case be dismissed. and in that situation, there's a handful of cases in georgia and elsewhere where they do get removed to federal court. this is very different, though. this is mark meadows saying, i was doing all these things that a chief of staff would normally do. i was making phone calls, i was setting up meetings, you can't prosecute me for that. and the point here that will see the government makes no, this is a different situation, because had he been making phone calls and setting up meetings in order to execute a scheme to rob a bank, you wouldn't get federal immunity for that conduct. here, or your setting up an effort to steal an election, you're no more deserving of immunity. the case should stay in state court. >> and choice, as i let you go i, will remind rv words it's the state charges that would be in the federal court system, and it would be a federal judge if it gets removed, but most importantly, there's still no pardon available for donald trump in the event that he is convicted in the federal court. , so it's not like he gets a total escape if it's donald trump or mark meadows, for that matter. class is dismissed. we are so much smarter, courtesy of professor vance joy. thanks for being here this morning. i appreciate you. >> good to be with you, katie. >> still to come on the katie phang, ditching the debate. could donald trump's decision to skip next week's republican primary debate in milwaukee be the moment one of his many gop challengers pull ahead in the pack? and later, trouble in texas. texas house impeachment managers released nearly 4000 pages of evidence in the abuse of office case against suspended state attorney general, ken paxton. why his former personal assistant and quote, second son, it's now a star witness against him. keep it right here. you're watching msnbc. watching msnbc. ♪ tourists tourists that turn into scientists. tourists taking photos that are analyzed by ai. so researchers can help life underwater flourish. ♪ age is just a number, and mine's unlisted. try boost® high protein with 20 grams of protein for muscle health versus 16 grams in ensure® high protein. boost® high protein. now available in cinnabon® bakery-inspired flavor. learn more at boost.com/tv i need it cool at night. now ayou trying to icebon® bakme out of the bed?r. baby, only on game nights. you know you are retired right? am i? ya! save 50% on the sleep number limited edition smart bed. plus, free home delivery when you add a base. shop now only at sleep number. about two years ago, i realized that jade was overweight. i wish i would have introduced the fresh food a lot sooner. after farmer's dog, she's a much healthier weight. she's a lot more active. and she's able to join us on our adventures. get started at betterforthem.com (bridget) with thyroid eye disease i hid from the camera. and she's able to join us on our adventures. 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. 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a quote unquote pro desantis super pac posted a memo online, highlighting some must do was for florida governor ron desantis that includes offend donald trump and show emotion. it'll fail that one miserably. joining me now is by saturday morning power political panel. i'm calling it the capacity to corner, really. former congressman carlos curbelo, and -- fernando monte, both are msnbc political analysts. it is the cafecito quarter. i don't have any cafecito for you. gentlemen, we are on the cusp of the first republican primary debate. i'll start with. you the desantis campaign stating a statement about that plan, saying, quote, we were not aware that prior to the article. were you joking? what is that? >> it's again, desantis showing how awkward he is and how dumb he thinks the voters, the press, and the media are. this is a time honored tactic, by the way. part of the reason that the super pac put on the website is because they can't legally coordinate it. so by quote unquote publicly releasing information, then the people on the campaign side can go over there and understand what a super pac research is showing. that is a -- research and polling of focus groups of the super pac has pulled from the super pac dollars. >> millions to tell the sands to quote, show emotion? is that what they spent running? on >> he's anonymous ron and he is on identity was -- to take on the big, doctrinal trump. so, unless he shows the emotion that he's actually challenging trump, which he advises the opposite of what they're saying, i think it's again, a candidacy that is going nowhere. >> carlos, i'm not a conspiracy theorist, but here we apricots that can. so, nobody's going a to attack donald trump, right? he's got this huge lead. you know, presumptive anonymous for the gop. is it possible they are actually being quite machiavellian about this? you're not going to attack him. let's just say, god forbid, he wins in november 2024. but he ends up in person, so we can't serve. are these people actually gunning for that vp slot, so maybe they can fight into the oval office? >> when you think about the campaigns that some of these candidates are running. that is actually a good theory, because you cannot defeats donald trump by following him. if you want to beat him, you have to take him on. you have to take the fight to him, and that doesn't mean you have to take the anti trump lane like chris christie, right? that's difficult. but you can distinguish yourself, and you should, because otherwise, why is anyone going to choose donald trump or anyone but donald trump, and you are just imitating donald trump? so, look, i think maybe for the first time in a long time, donald trump has done something irrational here, not going to this debate, because when i was a primary candidate, and i had a 30, 40, 50 point lead against my opponent, i didn't go to the debate. i don't want to give them the opportunity to get the attention and let them take some shots at me. so, i think trump is doing the smart thing here. >> fernand, what if he does and about the debate? there is some chatter in trump world that he actually might show up to the debate. because it always have to be about him. everyone is expecting him to sit down with tucker carlson and hang out with him, but you know, what tucker carlson numbers are not been that great since he left fox news. so, what happens is down from throwing on that stage? >> trump's erratic and i'm disciplined enough to do the stupid thing. we've seen him do it over and over again over the last eight years. but look. i think his advisers are going to have to change to the ball or something like that. there is absolutely no benefit. we've actually talked about it on this program before. katie, for trump, the best thing to do is not go. because even by not going, the debate is all about him. everyone is going to talk about trump, and the specter of him not being there is going to hang over and to find the very terms of what happened. so, a shrewd move. i don't mean to normalize the kind of an indicted four times. it's going to be indicted every fifth, twice impeached, but a shrewd political tactical move to just stay away from the debate and keep watching his numbers hold steady with a 35 point lead. >> so, carlos, one person who hasn't been indicted is vivek ramaswamy. i keep scratching my head on why his numbers have improved so much. he's actually narrowed the gap between himself and ron desantis. he, being ramaswamy, now squarely is in third place behind desantis, but narrowed that gap to now just five points. so, now ramaswamy is in, according to this attack memo, this debate strategy memo for desantis. now, ramaswamy is squarely in the sites of desantis. what's up with of economic swami? >> look, the guy has a lot of talent. he is extremely eloquent. he's a great orator. he is a -- striking all the right notes with republican primary electorate. he is drawing a lot of attention to himself, and a lot of people find him to be likable and compelling. i have some friends who are more libertarian leaning, and they actually like ramaswamy. so, he's the type of candidate you really have to keep your eye on, but again, even with him, i'm not sure if he's running for president or vice president, because he has been one of donald trump's biggest defenders out on that campaign trail. so, at some point, ramaswamy, you would think if he is growing in the polls, he's going to try to take trump on so we can actually have a shot at winning this thing. >> so, fernand, we are always honest on the show. some criticism -- >> to. honest to. honest >> listen, some criticism i get and others county v is you can't have too much oxygen to donald trump. why do you talk about him so much? my answer is because he is -- >> -- a >> threat to democracy. you see what he is capable of doing. do you think there is any credence to this idea that perhaps we should actually take the oxygen out of the room and not talk about him as much as we talk about? because clearly, he dominates a conversation. >> i understand the thinking. but it's absurd. you see every public opinion poll now with the head to head of trump and biden. trump is within two or three points, in some cases, the race is tied. he is absolutely de facto republican nominee for 2024, based on what we're seeing. and that's the last republican president, he is still ahead of the party. the idea we are going to shame him into existence by ignoring his presence, us all putting your head in the sand. that is not making sure you understand the very accessed existential threat he represents to american democracy, katie, that you described. so i don't think you can ignore him. >> on the flip side,, carlos, should there be more from incumbent president joe biden about the fourth indictment that donald trump has? should there be more from the administration saying, we are rule of law. we are not indicted. we're holding strong. look at the amazing things we're doing for you, america. because sometimes, i feel like people aren't listening to it. no matter how much we try to promote as well and talk about it, sometimes, people just aren't seeing it. >> katie, i think joe biden and his team have become very lazy. they have become stagnant. i think this whole hawaii ordeal really doesn't look good. joe biden has to understand that even though they might get the candidate they want, which is donald trump, that is the opponent they want. that doesn't mean it's going to be easy, and they should take nothing for granted. if they're going to start taking things for granted, they should just call hillary clinton, and ask her how that worked out. so, the biden campaign, the white house, they need to take donald trump seriously, and they need to get out there and leave, and show that joe biden is capable of serving another term, because he is not the strongest incumbent going into this campaign. >> you disagree, that, i could tell, finance. >> i do, because joe biden's record, again, this is the most accomplished precedent, regardless of party, in 60 years. what he has done for the american economy, katie, think about the disaster that he inherited on january 20th, 2021, and now we have the strongest economy in the world, the stock market is flirting with record highs, unemployment, all-time low, created more jobs than any american president in history. all he's going to do is sell his record, the fences record, and make the case, like you said earlier, that the other side is not just a throwback to republican politics, it is the end of democracy if we let this maga movement recapture the white house again. until that fever is broken, those are the stakes. if he makes that case, he's going to be reelected easily. >> thank you for joining. our cafecito corner today, for the monte and carlos covello, it's always good to see you. >> we need to make another bet here so did actually have cafecito. >> and katy, or in miami. it's cafecito and pat the need. those >> and [speaking in a non-english language] >> still to come, rising from the ashes. as recovery from the deadliest wildfire in modern history continues in maui, we are hearing new stories of survival. a doctor who is treating patients beyond the emergency room walls. he joins us, next. and historic hurricane in monster category four hurricane, it's called hilary, and it's barreling closer to california, leading to the first of a tropical storm warnings there in that state. we are tracking it ahead. you are watching the katie phang show, only on msnbc. on msnbc. ugh, this guy again... pops! ay son! ya got a little somethin' on yuh face. needed a quick shave. quick shave? 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helping people on the ground this week? >> well, as each day goes and the weather changes, i items change, it's been windier the last few days which has been made working outdoors a little bit more difficult. we are as health care workers and anyone who has been volunteering, even patients are fibers, are dealing with this environmental hazards such as, you know, heat, wind, and sun exposure. and just dehydration, and exhaustion right now. ex dr., let's talk about your clinic. mobile doctor. you actually had this before this tragedy struck. how crucial is it, in a time like now in maui, that you have this a mobile facility to be able to get out into the community help others? >> i started this just a few weeks before covid hit. i was launching it at that time to do house calls with. a mobile unit is almost like an mobile icu unit. it has seats in areas for people to lay down. all the supplies people need for oxygen another treatment for iv and antibiotic. -- i converted it into the mobile for the people. the nonprofit who people in need of people who don't have access. means to do the mojo monday but now we are doing it every day. our nations across front street here in those places daily helping survivors north of that region. it is been very powerful. we are still funny people who do not have regular medication. they have issues coming out in the first few days of this whole thing. there was no gas or pharmacy so we are bringing medical teams to them. which have been very helpful. >> doctor reza, on our side of the camera we often go to you, in the first responders, to share with our viewers what the experiences is like. you and your employees have also been affected by what has happened with these wildfires. tell us about that. >> i think we have all been living in maui for a while but my core team, a lot of people are having a little bit of survivors gill. one of my employees literally sat in lahaina an hour before everything got gridlocked. just having this gut feeling that she should dry vow. it is horrific looking at videos of stuff. she has been having nightmares. telling me she's having dreams from the videos. she's feeling the wind like she is caught in trapped. listening to other people's stories, we are all trained to deal with that in emergency medicine. just put that on the shelf, not show a motions and deal with the trauma right now. but in time you hear the stories, looking at people's homes. it is pretty dramatic. it's just like hearing a horror story every day. a different version of it. finding out how different people are affected. family members, had, everything these people had, all the memories just gone up in flames in a few minutes. it is heavy to intake. sometimes in my downtime i think about a. it hits a different spot. it is not just a any patient you see it is also where we live. but one part of the island is in this weird zone. it is being fenced off. kind of like 9/11, you know? people who die with that in new york for years. they saw the ground like that. it is going to take some time to rebuild. not just the ground but everyone's emotions and wellness. >> doctor, tell us, tell our viewers, what they can do to help. what can they do to help modo for the people, as well as the survivors of maui? >> everyone needs to come together, extensively in our community, and in the outreach. helping us, knowing about us, going to the website, modo for the people.com show they want to help a donated for medical reasons, that would be appreciated. everything we use and we do is for the people in need in maui at this time. people who do not have access to health care and all the care that we provide. medicine and everything is generosity from you guys and your support. >> doctor reza danesh, i express my gratitude to you. i know i'm sharing the gratitude from people tuning in right now and others for the sacrifices you are making to help others that are there. thank you for joining us this morning. >> of course, thank you. >> coming up next, first amendment flight. new details in the illegal raid and seizure on a small kansas newspaper. the judge who signed off on that invalid search worn it. he did not want to miss this. you're watching the katie phang show only on msnbc. use light to attract and trap flying insects with no odor and no mess. they work continuously, so you don't have to. zevo. people-friendly. bug-deadly. age is just a number, and mine's unlisted. try boost® high protein with 20 grams of protein for muscle health versus 16 grams in ensure® high protein. boost® high protein. now available in cinnabon® bakery-inspired flavor. learn more at boost.com/tv (ella) fashion moves fast. setting trends is our business. bakery-inspired flavor. we need to scale with customer demand... ...in real time. 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(vo) learn more. it's your vision, it's your verizon. with a majority of my patience with sensitivity, i see irritated gums and weak enamel. sensodyne sensitivity gum & enamel relieves sensitivity, helps restore gum health, and rehardens enamel. i'm a big advocate of recommending things that i know work. the police raid on a small kansas newspaper is causing a national uproar as new details of the unlawful intrusion emerge. the warrant that clear the way for the search of the marion county record have now been withdrawn. the county attorney citing, quote, insufficient evidence. the paper's probe into a local restaurant owners drunk driving record was reportedly the key motivator for the raid. it is now been reported that the judge who signed off on that search warrant has her own history of two duis just eight months apart back in 2012. local police took computers, south, lance and reporting material from the paper's office, in the home of mr. eric mayer. in a tragic turn of events joan mayer, a news woman and longtime editor of the joan towns county record collapsed and died the day after the police raid of her home. the paper reported her death of being caused by stress beyond her limits and hours of shock angry. joining me now the attorney for the marrying connery record newspaper, bernard rhodes. bernard, thank you for joining us this morning. i want to get people caught up to speed. prosecutors have now said that local police had insufficient evidence to raid the records offices, as well as my your home. all of that c's property has been returned. from what i've read, those items that have been separate forensic review. bernie, explain what the purpose of that forensic review is. >> well, katie, in legal term it is insufficient evidence. normally people would call it, no evidence. after the illegal search warrant was withdrawn, my forensic examiner went to marion center keita stab liz chain of custody. we have retrieve those items. they are now at my forensic examiners office. i went there yesterday. we established a protocol for searching them. before we can search them we have to do what we call a forensic image to make sure that we don't leave evidence or footprints on their. it took six computers, three phones, two hard drives in around her. it is going to be through the weekend just to secure all of the information before we can start looking at it, katie. >> this is not done and over with? this case is now being looked into by the kansas bureau of investigation. is the record working with the investigators? the marion county record, the newspaper? what do you hope will come from the oversight of this investigation at the time? >> what we are hoping is there will be an investigation into, not the record, about the police. and the sheriff's office. we keep talking about the marion city police. the police chief there was, clearly, the instigator of this. he started the investigation. he applied for the warrant. he executed the warrant. in fact, katie, he personally went to the newspapers offices to conduct the search while he sent other officers to the myers home to sit with them to make sure they didn't do anything for two hours until he could finish searching the records office. then he went there and personally searched the home of 98 year old woman. >> sadly, as we noted, the funeral for john mayer is actually today. -- prior to that raid and the stress of the event contributed to her death. how is eric holding up? how is the family doing? >> i can tell you that i first heard about this about 8:00 in the evening on the night of the search. i was told to call eric on his mother's landline a 10:00. he didn't have a cell phone, it was taken from him. i was talking to him that night. he was explaining he can't send an email because they took the papers networks over. he suggested use the old illinois dot edu address when he was a professor. he was telling me at, i could hear joe in my on the back and saying, eric, tell him he doesn't have to use the capital line illinois to get that to you. i mean, it is just chilling to know that a day later she was dad. i have the corners report. she died of a cardiac arrest. the corners report talks in detail about the stress caused by this event. >> bernie, before i have to let you go you sent a strongly worded very good letter on behalf of your client to the chief of police. he basically said, this letter offers even opportunity to mitigate damages going forward. if i were you, i would jump at this opportunity. ernie, have they jumped at the opportunity? >> they have not only not jumped, they are taking it a step backwards. the chief has not responded, they will not talk to me. the city council is having a meeting next week. they set out their agenda. it says in all caps they will not talk about what happened, are you ready for this, 47 exclamation points. >> unbelievable. bernie roads, it is so good to have insight into what is happening over there. sometimes we are in the little pocket of the country and we need to know that local journalism is alive they are covering corruption and they're making sure that things are exposed. thank you for being here. please come back and keep us posted on what is going on. we appreciate it. >> thank you. we need to talk about this. the next time a row cup has this idea, he'll think twice. >> absolutely. accountability is next for them. coming up in our next hour of this special extended edition of the katy thing show, the stark reality of abortion rights. get this, a seventh grader who's mother said she was raped was denied an abortion in mississippi. they are now forced to try to balance motherhood and matt. how abortion bans are destroying the lives of countless young girls and women. plus, terrified to teach rhonda sentences ongoing war on the florida education system is causing educative to leave the profession in droves. what is next for thousands of students who could be without a teacher this fall? 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