next week. breaking news from ukraine, at least 51 people are dead after a russian strike on a supermarket. president zelenskyy calling it one of the deadliest attacks on civilians in months. prosecutors paint a damming portrait of sam bankman-fried and the lavish lifestyle he lived before it came crashing down. defense says he's no villain, just a math nerd with good intentions. a wild trust in the corruption case against senator bob menendez and his wife. the allegations that a deadly car crash led them to take a mercedes-benz as a bribe. our nbc news reporters are following all of the latest developments. we start on capitol hill where the race for the next speaker is both unsettled and filled with intrigue. nbc's julie tsirkin is there. what's the latest? >> multiple sources tell myself and our colleagues that the former president is considering heading to the capitol next week to get involved in the speaker's race. one source specifically told me it is the former president's intention according to his conversation with him that the former president intends to unify the party, to endorse whoever comes out as the speaker candidate inside the conference meeting behind closed doors. it is not necessarily the former president's intention to run for speaker, and he said as much on his truth social posts and publicly as well that he would be happy to help out in the interim but ultimately thinks a better candidate from inside the gop cnce will come about. certainly both of those candidates that have officially made thaid official and they're declaring their intention inhe letters is steve scalise, a member of republican leadership now, and congressman jim jordan who carries the mantle on the impeachment inquiry that speaker mccarthy announced when he was speaker. jim jordan spoke to ali vitali about this including his conversations with the former president. >> reporter: you of course talk to former president trump often. have you talked to him about this? do you want his explicit support in this? >> i talk with the president all the time. i'm losing my voice, i have talked with so many colleagues, and so many people yesterday, and i got to get back on the phone now. we're focused on this race. >> have you talked to him about this? >> about this and all kinds of issues. >> reporter: and is he supportive of your run? >> i mean, i don't want to say anything because i had a great conversation with the president. >> reporter: jordan, the chair of the judiciary committee, the weaponization, he had the former president's ear. he's been a big ally for trump as well, and he has the ear of some of the hard right flank of conservatives here who are all throwing their support behind him. of course steve scalise is also in this race, and there are a number of other candidates, chair of the republican study committee. all in all, of course the person who becomes speaker needs to clinch 217 votes on the floor. we'll see if they can get that done next week. >> julie tsirkin, thank you. we have that breaking news out of ukraine where at least 51 people are dead after a russian missile strike on a grocery store and cafe. nbc's raf sanchez joins us now. raf, president volodymyr zelenskyy is calling this, i'm quoting him, a completely deliberate act of terrorism. what more do we know? >> reporter: chris, this is already the deadliest russian strike on ukrainian civilians this year. it appears to be one of the deadliest strikes of the entire war. here's what we know. ukrainian officials say a russian missile came down in this village of harosa this afternoon. the village is about 30 miles from the front line. there's no signs at all that there were legitimate military targets in the area. as you said, 51 people killed and this is a village of a population of just 300. that is about one in six of the entire village killed in a single strike. among the dead, according to local officials is a 6-year-old boy, and chris, there is a grim, grim irony here. the reason the villagers were all concentrated in one place is they were attending a memorial for a neighborhood who was killed in earlier fighting. the kharkiv region where this happened has seen more than its fair share of horror over the course of a year. i have spent a lot of time there, but people are really, really shaken by the scale of this loss of life. officials there have declared three days of mourning. as you said, president zelenskyy is in spain right now. he's trying to shore up western support for the war effort and it is coming at a moment of real uncertainty in washington. as you know, chris, the 45-day continuing resolution that congress passed to keep the government open does not include aid from ukraine, and as julie was saying, the politics insides republican caucus in the house right now are so complicated, it is not at all clear that a new speaker is going to be able to steer more aid to ukraine through the house if they even want to. not at all clear. president zelenskyy, though, is saying he remains confident in american support after his visit to washington last month, chris. >> raf sanchez, thank you. right now in manhattan, a close friend of the so called crypto king, sam bankman-fried is on the stand at his trial. cnbc's kate rooney is live at the courthouse for cnbc on msnbc. this witness wasn't just a friend but part of the business from the beginning. what are we hearing today? >> so, chris, that's been a theme. some of the lines between friendships and associates have been blurred. he lives with sam bankman-fried. there were some texts shown with sam bankman-fried and some of his top executives, talking about paying rent and the thought that alameda, the hedge fund involved here that sam bankman-fried also founded and controlled was going to pay the rent. they were essentially going to live there for free. that was interesting. we heard about some of the lifestyle there. they did talk about the issues that sam bankman-fried is accused of committing. fraud in this case, there was $8 billion hole that this witness sai h confronted sam bankman-fried about on a pickleball court in the bahamas, and sam bankman-fried was well aware of some of the issues and tried to, at least, in some cases, cover that up, and that's really what they're arguing about. inside this gentleman went to m.i.t. with sam bankman-fried, it is one of his inner circle. we're expecting to hear from more of those types of executives. we're expecting to hear from one top executive, a cofounder of ftx, as well as caroline ellison, sam bankman-fried's former girlfriend. she ran this hedge fund. they said it's partially her fault that she wasn't protecting to the downside in some cases with the investment decisions. they're trying to paint him as a hard working start up, who made mistakes. a deadly car crash from 2018 is at the center of the bribery charges against senator bob menendez and his wife nadine. nbc's tom winter is following this for us. what happened and how do the pieces all fit together? >> reporter: sure, chris, so this accident happened in late 2018 in new jersey, and the accident involved an individual pedestrian that according to police records obtained by wnbc and nbc news, the vehicle was driven by nadine menendez. at the time they were not married but it's our understand they were dating. apparently she hit the individual, striking him and eventually he ended up dying at the hospital. according to those records. you're looking at a photograph of the car, a mercedes-benz that mrs. menendez was allegedly driving at the time. the police did not charge her with any crime at all. they looked at the accident. they looked at the factors that were involved, and they determined that she was not at fault for it. they did ask her at one point, and you're looking at her there on camera talking to police officers. this is body warn camera obtained by a public records request. she did ask for their cell phone. she gave it to them briefly according to the police report, and immediately asked for it back. based on my experience, that's something that specifically happens when police are trying to determine whether or not somebody might have been on the phone at the time of the accident. ultimately, as i said, no charges were filed. the reason why this has any sort of relevance whatsoever to the criminal charges, both mrs. menendez and the senator face is we have been trying to determine why she allegedly needed a new car in 2019, a new mercedes-benz, a photograph published in the indictment, is whether or not she needed that and how she was able to get it. according to federal prosecutors, a person named jose yuribe made payments at her request, payments that ceased, according to the indictment, when the fbi approached about the payments of the car. . this was all part of the alleged bribery scheme that she was involved with and that the car was payment for potentially some help on a state case involving uribe. mrs. menendez and the senator have pled not guilty to all the charges and denied any wrong doing. you're looking at the two of them exiting court. that's why the particular accident is relevant to the indictment, and of course this case remains very much under investigation. the allegations contained in the federal indictment, i should say, and we continue to look over the records from this particular accident, chris. >> tom winter, thank you so much. the case that launched the podcast craze back in the news today, now adnon syed faces the possibility of going back to prison. we'll explain why in 60 seconds. o prison we'll explain why in 60 seconds. 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[ting] ♪♪ live in the moment. ask your doctor about otezla. out of syria where a u.s. fighter jet has shut down a turkish drone. courtney kube covers national security for nbc news. what do we know, courtney? >> reporter: that's right, it's a pretty remarkable event. a turkish drone was flying near where u.s. troops are operating in northeastn syria earlier today. now, the u.s. military warned the turkish military and said, hey, you're coming kind of close to the troops. fast forward, 11:40 a.m. local time today, the drone, which is armed or was armed flew again near the u.s. troops. the u.s. scrambled an f-16 fighter jet and shot it down. we do know that after this incident, both secretary of defense lloyd austin and the new chairman of the joint chiefs, general cq brown spoke with their turkish counter parts. we're expecting to learn more about those conversations today. as i mentioned, this is a pretty remarkable event. turkey is a nato ally so we're waiting to hear a little bit more about the interaction between the u.s. and the turkish military after this incident to see how those conversations went and where it could go from here, chris. >> courtney kube, keep us posted, thank you. the man whose murder case became a national obsession via the hit podcast serial is fighting to avoid going back to prison. adnan syed spent 23 years behind bars for the murder of his high school girlfriend. prosecutors admitted they withheld key evidence, evidence that pointed to two possible other suspects. maryland supreme court is weighing whether the baltimore circuit court in overturning the conviction violated the rights of the victim's family. here's adnan syed in front of the courthouse this morning. >> we're definitely grateful for the opportunity to present our case to the supreme court, and we're grateful for all the support we have received over the past 24 years. >> joining me now, charles coleman, former federal prosecutor, civil rights attorney, and msnbc legal analyst. i was obsessed like a lot of people with this case, but for those who weren't, bear with me. this is the time line. 14 years later, serial, the podcast uncovers new evidence that ultimately leads a judge to grant him a new trial. there's all this legal wrangling. his conviction is overturned in 2022. charges are dropped, and this year it's reinstated because of the issue that's now before maryland supreme court, and this is what the attorney representing hae min lee's family said after the hearing. >> based on what i heard today, i'm confident that the supreme court of maryland is going to adopt our position. it's going to acknowledge that our rights have been violated here as victims, and as a victim representative. that there wasn't adequate notice, that there wasn't a right to attend, and there wasn't a meaningful right to participate and be heard. >> now, what syed's lawyers say is they were there via zoom, not in person, and there's no proof that being there in person would have changed anything. what do you make of this fight? >> this is an interesting conversation because on one hand, you have the discussion for victims rights and their families, in terms of being able to be present and proper notice. this is someone who was notified during covid that they would need to travel from california to maryland on a friday for a hearing that was on a monday. at the same time, opposite that, you have a conversation about wrongful convictions and how often that happens, and as a former prosecutor, i can tell you that that is a very serious matter. you're talking about a man who was in jail for over a decade and a half for a crime that prosecutors are not convinced he admitted based off of this evidence. so when you're talking about balancing the interest on the scales, that's really a big part of the conversation. in addition to that, from a policy perspective, there is no specific stated law in terms of victims rights in the state of maryland as to how much notice is required, so as part of the hearing today, some of the justices on the appeals court asked the defendant, basically, shouldn't you be here talking to the maryland state house about making this more codified in terms of law because you weren't able to attend during covid. so there are a lot of things to unpack as far as the situation is concerned. >> you talked about the people wrongfully convicted. 70 people who were wrongfully convicted. it includes amanda knox, and yusef salome, members of the five. supporting adnan syed, saying they spent 1,220 years in prison for crimes they did not commit. does that support have an impact in the decision balanced against the rights of the family. >> it's a conversation about what the clerks are looking at. they're the ones that are going to unpack all of the letters and amicus briefs that are filed on either side or either party. i think it's important to understand that unfortunately mr. syed finds himself in the middle of this, but this is really a conversation about the process and the system. mr. lee and the family of the victim are really upset about the fact that they didn't get notice about this hearing at the appropriate time. that's not necessarily the fault of mr. syed. prosecutors made that decision in order to, number one, dismiss the charges against him, and then the court made the decision to essentially overturn the conviction and allow that, and allow him out. that's not mr. syed's doing. the fact that he finds himself in the predicament at this time, because of a system failure. he's not going to provide notice to the victim's family. that's on the prosecutor to do. it's unfortunate that at the center of this is a man who for all intents and purposes appears to have been wrongfully convicted who finds himself facing the possibility of going back to jail. we have some breaking news as well, not related to adnan syed, a federal court has ordered alabama to adopt a new congressional map that creates a second black majority district. this has been going on for a while. obviously has incredible impact about who might control the house of representatives next year among other things. do you expect this to be the end of the fight where do you see this going and what do you make of the ruling? >> i'm glad to see the ruling came down the way that it did, and it's a very important case because ever since we have seen the gutting of the voting rights act, there have been numerous attacks in the name of democracy and fairness on actual democracy and on the voting rights of under privileged and under served communities. you're talking about the disenfranchisement of tens of thousands of black voters. >> let me say in this specific case, alabama's 26% plus black, they got only one 1% of congressional. >> it's a significant victory in this case, and hopefully will set a precedent to go forward. i don't think we've seen the end of this. if you recall, chris, they refuse to adhere to what the supreme court previously said needed to be done, and that's how we got here in the first place. the question is going to be a matter of enforcement. i think it will be easier because now you have this sort of decision that has been upheld and this opportunity for them to finally get it right. but we never know because you're talking about alabama, and they have not necessarily been the most cooperative when it comes to respecting the right to vote for black people in that state. >> charles, stay with us, how democrats are preparing for who could succeed kevin mccarthy as house speaker. congressman raja krishnamoorthi joins me next. the financial shock with student loan repayments restarting. you're watching "chris jansing reports" only on msnbc. only onc ♪ limu emu & doug ♪ [bell ringing] and doug says, “you can customize and save hundreds on car insurance with liberty mutual.” he hits his mark —center stage— and is crushed by a baby grand piano. are you replacing me? 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>> first of all, there was tremendous unity behind our leader, hakeem jeffries and i got to tell you, this is really the case. almost all of the comments in our caucus meetings were directed at what's best for the american people. how do we make sure the house functions for them, and i think that really talk about what would happen if kevin mccarthy were removed didn't even happen to my knowledge. it was more focused on how should we conduct ourselves and how should we behave during the proceedings, and you know, what should we do that would really hold up the interests of the american people first? >> right now, the two who have officially declared, as you know, are steve scalise and jim major dan. you served with congressman jordan on the oversight committee. tell us what you're thinking right now. >> i'm not sure. is the short answer. jim jordan is kind of heading this impeachment inquiry. and i sit on the oversight committee, which has kind of presided over some of these proceedings, and i have to tell you, anybody who is watching that impeachment inquiry or the first hearing would know that it was basically a joke. and it didn't really surface any evidence of any wrong doing whatsoever, by president biden, not a moving violation, not a parking ticket, and certainly nothing that would amount to a high crime or misdemeanor. but it seems like jim jordan was pursuing donald trump's agenda in pursuing this impeachment inquiry, so my concern is that if he became speaker, he would continue to do the same. you would basically have an agenda in the house to assist president trump or former president trump's presidential campaign. with regard to mr. scalise, i know him, he's respected primarily because of the fact that he, you know, he was shot in 2017, has recovered from that largely, and then now is going through chemotherapy and has endured his sickness with some admiration. but i think the main thing right now, chris, is who is somebody who's going to, you know, have the american people's interests first and foremost because, you know, as speaker of the house, you're speaker for all the people, not just republicans, and not just hard line factions of the republican party. >> i hope you'll come back and talk to us as we get closer, whenever that might be. congressman, raja krishnamoorthi, thank you so much. appreciate you coming on the show. >> thank you. there's a new reality setting in for millions of americans who have going to have to start paying off federal student loans after that long pandemic pause. the biden administration is trying to soften the blow announcing an additional $9 billion in debt forgiveness. bills are already going out for 45 million borrowers who together owe about $1.6 trillion after the biden administration's broader effort to forgive loans was killed by the supreme court. joining me now is msnbc's anna cabrera. what did they tell you about the cost of college? >> cost is a huge factor for these students. we went to mcnair, about 82% minority student population, and we spoke with seven high school seniors from different background, different income levels, and they say not only does cost of college impact where they're applying to school but what they plan to study in school as well. knowing they're going to have these big loans to pay off. here's part of our conversation. what factors are going into your thinking in considering where you're applying to school? >> a lot of it, financial aid and financial planning is a huge part. >> how many of you feel like that's a factor in where you're going to be apply something show of hands? everybody? >> yeah. >> cost is a big one. >> my parents and i have sat down and had this conversation, they made sure that i understand that going to college is an investment in my own future. >> does it matter what you study in terms of the career you pursue because of the costs of college, because of the potential loans you'll have to pay off? >> i think it definitely matters what you study because there's this idea that you can go to college and just study your passion, but because you're investing in your future, you really have to focus more on what job will allow you to pay that off. >> is anybody here planning to just follow their passion and hope the rest just works out? show of handles? >> you have said that cost is a major factor for you. >> it is something that worries me a lot because it's going to be something that affects me after i graduate. >> and college is the investment, you know, it's something that you're putting a lot of work towards now. you're going to put a lot of money towards, and you're going to need that degree later. but there is a limit for me of where i can say, okay, this is a worthy investment. >> my dad has always told my brother and i, if you get into harvard, that's great. if rutgers gives you a full ride, guess where you're going. >> really enjoyed that conversation with them. such a bright group. so thoughtful. so engaged. so determined to go to college, but the reality is it is getting a lot more expensive. how much does it cost right now. take a look at this graphic from u.s. news and world report's annual survey of ranked colleges, tuition and fees at an instate public school averages about 10,000 a year, double if you're going out of state, and private colleges, somewhere in the range of 40 to 50 k and more at the most elite colleges. that's per year, and that doesn't include room and board and books, chris. so you can see how that financial barrier, it's a big one for a lot of families. >> and why they're saying they're not going to necessarily pursue their passion, which is unfortunate. ana cabrera, that was fascinating. thank you so much for bringing it to us. good to see you. we have breaking news again. former president trump has filed a motion to get his federal election interference indictment dismissed. we just got our hands on it. 52 pages. nbc's ryan riley has been looking at it. what does the document say? >> you know, essentially what they're arguing here is the scope of his duties including what he was doing around the election. essentially that he did really believe these things around the election, effectively that he was high on his own supply here, and that he didn't have impure motives, that he actually was trying to address questions of election integrity, and that's what he was doing in the scope of his duties. they're going to say this is all about what he was responsible for doing as president and that this is not chargeable conduct because this was part of his job as president. he was actually upholding his oath of office here. so they're sticking with that idea that he actually did believe this, of course there is a long history of donald trump believing false claims about the election, of course infamously in 2016, he refused to concede he lost the popular vote, even though he won the electoral college, and there were millions of fraudulent votes in that case as well. there's an established history they can lean on here, essentially saying that this case cannot be brought forward because donald trump was doing his duties as president. expect, obviously, some firm opposition, and strong arguments coming back from the special counsel's office, when they get a chance to take a whack at arguments that the donald trump team is making here, chris. >> ryan riley, thank you so much. charles, i said it's 52 pages, unless you're the speed reader of the century, you haven't gotten through all of it. a couple of things i noted and you'll tell me. 234 years of history and tradition, support presidential immunity from criminal prosecution. they say that communicating with the u.s. department of justice about the investigation of election fraud and considering replacing the acting attorney general lies at the heart of presidential duties. what else do you see? >> you know, i learn in law school that the law is what is boldly asserted and plausible maintained. there are a lot of bold assertions here, but i don't know how much of it is being plausibly maintained. it's important to understand, one of the things that when you are constructing a brief to be filed, a motion to dismiss or respond to go a motion, the cases you cite are going to be critical in upholding your position. what you're saying to the court is you don't have to take my word for it. i have friends. my friends are these cases and this precedent. the issue is that you want to have current precedent in order to establish your position, and i think it's very curious that very up front, early on in the table of contents, they note they have early authorities, and i'm going through this table of authorities and just looking at some of the years of these cases, 1934, 1890, 1827, 1926, 1922, 1896. you're talking about cases that are 200 years old, the precedent that they are trying to cite to, this is not strong. you want cases that are current. you want cases that are contemporary with the way we live now and the way we understand america to be, north to support your position. the fact that you have these cases which are centuries old and you're using these as the bedrock of your argument, you have serious approximate. if you look the at argument, they essentially make the same argument twice in the subsection of .2, basically alleging this out of perimeter doctrine, it comes from another supreme court case, and it's not necessarily as ironclad as they are trying to suggest that it is is really really shaky. and so i go back to what i said at the very beginning of donald trump's indictments, which are we are going to learn and get an up front, front row view as to how lawyers in america make money because you're able to file briefs like these. i don't know that we're going to end up with sanctions here, but this is not going far at all. i can tell you that, with even a cursory and preliminary view of what it is they're arguing and how they're supported. >> sanctions because? >> because as an attorney, there are certain arguments you're not supposed to make, and certain motions you're not supposed to file because they're frivolous. whether this goes to being frivolous, i don't know. but what we know is there ever been other courts that have considered the executive immunity argument, and they have thrown it out. as far as this case is concerned, this may be the first step. i don't anticipate that they are going to stop trying to make this argument, even if and when this motion is defeated, but understand that it may ultimately serve their long-term goal which as we all know is to delay this as long as possible. >> a little bit of light reading i'll have later in the day, these 52 pages. >> you and me both. >> from the u.s. district court, u.s. versus donald trump defendant. thank you so much, charles coleman, appreciate it. coming up, former trump lawyer, sidney powell tries to prove she wasn't involved in trying to overturn the georgia election results. we have a live report on that ahead. ave a live report on that ahead. pneumococcal pneumonia? 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for one and done heartburn relief, prilosec otc. safelite makes it easy. >> tech vo: you can schedule in just a few clicks. and we'll come to you with a replacement you can trust. >> man: looks great. >> tech: that's service on your time. schedule now. >> singers: ♪ safelite repair, safelite replace. ♪ this is the afternoon of breaking legal news. former president trump has filed for a state in his new york civil trial, the one ongoing in manhattan. he was there for the first three days. msnbc anchor lindsey reiser is outside the courthouse. what just happened inside? >> reporter: they have been discussing in open court, this is a bench trial, no jury, in front of a judge, this issue of a stay while trump's team is appealing the summary judgment saying the former president is liable for fraud that was released last week. the defense team won't say exactly the scope of the stay. it could be the consequences of the summary judgment, so that includes news from this morning, an order of the judge released which is giving them an october 26th deadline for both sides to identify potential receivers for the dissolution of trump organization llcs. this was something that the judge ordered in his summary judgment. also, any movements of assets or liabilities would have to go through and be notified to an independent monitor who's a former judge in the situation. the scope could be that. the scope could be a stay or a pause of the entire trial that we're seeing right now. so we can expect more developments on that to come, but court back in session. we heard from donald bender the last few days, trump's former accountant, and now we're hearing from jeffrey mcconney, former svp of the trump organization who's testifying that it was the accountant, bender's firm that was charged with preparing these financial statements that the ag's office says were over inflated. but he admitted that trump was entitled to final review of those financial statements. now, the attorney general also introducing a list of documents showing trump properties that mcconny had new values, essentially saying to get loans, for example, the trump's assets were client reported. as for bender, he was the accountant who finished up cross. we saw more fireworks today, chris, that were reminiscent of what happened yesterday. the judge getting frustrated with the pace of the cross-examination, it was very repetitive going year after year. the judge wants to keep this on a tight time line because the trial could go as long as through december. certainly, chris, new legal developments here in this civil case. >> without a doubt, lindsey reiser, thank you. the irony is we were talking about the facts that folks inside the temperature has gone down since trump left. obviously the temperature has gone back up. basically as i understand it, reading these various documents and notes we have gotten from people on the inside, trump's lawyers, all of them, by the way, making the argument, we're going to give you a heads-up, tomorrow at 10:00 a.m., we are going to file for a stay pending the appeal. they haven't filed yet. they're just sort of giving them notice, and the prosecutor says what is going on here. i don't know anything about this. and the judge says a stay of what, to which they respond, well, we're not going to really tell you. we're just telling you that we're going to file it tomorrow at 10:00. then andrew aimer, from the ag's office, says i'm supposed to get 24 hours notice, first of all, and was described by people inside the courtroom as very upset. does he have a right under these circumstances to be upset about what's happening here? >> he does, and this is in many respects some version of legal gamesmanship, which we see being played by donald trump's attorneys. it shouldn't be a huge surprise but it is something they can do. they are supposed to provide opposing parties with 24 hours of notice at a minimum in terms of motions that they intend to file, now, this is not necessarily the biggest shocker to me, chris, and i'll tell you why. more likely than not. donald trump's attorneys are looking to respond to the summary judgment decision which was issued last week, and the reason they're looking to do it at this point is because if they go forward with the dissolution of donald trump's business entities in new york, if they go forward with suspending the business license and moving those businesses into receivership, those are going to be as they will likely argue, very prejudiced to donald trump, in that, if, for example, the appeal of the summary judgment decision is successful, that's hard to reverse from a reputational damage place, as well as just the rigamarole of what it will take to reestablish their business. so they're likely going to make that argument and they're going to argue more or less this should be stayed pending a decision on the summary judgment decision appeal, as well as a stay for the trial because if you win on summary judgment appeal, it changes the entire complex of the issues that are going to play at trial. i don't know how this is going to play out. it is a crafty, interesting, i won't call it low down, but i will say perhaps slightly below board trick by donald trump's attorneys. they have every right to do it, but it's very unconventional. >> my question is it a trick or could it be successful? they're going before the appellate division tomorrow, 10:00 a.m., presumably that's the point at which the prosecution will get a look at it. but could this be a winning argument? it's a puncher's chance, swinging for the fences, if they do win the argument, it changes everything. when i say it changes everything, what i mean is it does stop the dissolution of his business license being sunday -- suspended in new york. it's not a huge deal because you're talking about a bench trial in front of a judge as opposed to a jury now hearing different information, so that transition will be a lot smoother. at the same time, it's still going to be sort of a seismic shift in terms of the scope of what the judge is looking at as we talk about the issues at trial, as compared to what he's looking at now. >> so that's the manhattan case. his wealth and reputation at stake. >> sure. and because apparently we're going for a guinness book of world records. >> let's do it. >> we have another set of breaking news. we've got cameras inside a fiery courtroom in fulton county, georgia. a judge is hearing arguments from sidney powell's legal team that charges against her in the d.a.'s 2020 election probe should be thrown out. they say there's evidence that there are e-mails, witness testimony that powell actually had nothing to do with coffee county. i want to bring in nbc's blayne alexander from outside the courthouse in atlanta. i know your producer charlie is inside that room. i'm sure you guys are communicating nonstop. if you need to look at your phone, no problem, but what do we know right now? >> reporter: constant texts, you're absolutely right. what we know is we're hearing from powell's attorney, brian rafferty who is giving exactly what you said, that there is evidence in the form of e-mails, in the form of witness testimony that he says basically clears his client's name, proves she has nothing to do with the data breach in coffee county. he is even saying that the state has evidence that someone else signed her name but they went forward and charged her anyway, indicted her anyway. here's a little bit of what he said so far in this courtroom. take a look. >> as i've always said is ms. powell had nothing to do with coffee county. she didn't have anything to do with it. i have been contending that. i have been contending that there's evidence that shows that. so that testimony, e-mails, documents, other information that demonstrates that people were asked, what do you know about ms. powell connected to coffee county, and they say nothing, never talked to her. never spoke with her. never met with her. all of that information, your honor, i have been saying. >> reporter: that's powell's side, and i think it's very clear to say we have only heard from her attorney so far in this hearing. we haven't heard from the state yet. what we did hear from the state was a preargument in a filing that came out earlier today ahead of this hearing, and basically, as you would expect, they pushed back vigorously on this for a couple of reasons. one, saying there's no basis for claiming prosecutorial misconduct, but also saying that essentially what sidney powell and her attorneys are trying to do, according to the state, is argue this case in motions basically saying that through this, they're presenting their own set of facts and they're welcome to do that if they want to, but they have to do it before a jury during trial. that's that set of facts right there. the other thing, chris, as we're watching this play out, all of these different hearings, remember, we just saw a guilty plea last friday from a former codefendant of sidney powell and donald trump. i'm talking about scott hall, he pleaded guilty to five misdemeanor counts and he admitted that sidney powell had signed a contract, entered into a contract with the firm that was hired to go get the information from the voting machines in coffee county. so certainly that kind of complicates her attorneys' arguments to say the least, and it's something we're going continue seeing with defendants tighting charges in different ways. all wrapped up. >> if you give information inside the courthouse, give the hi sign, and we'll come back to. charles, it's a risky proposition. we haven't heard everything. we're just getting the notes, but it sounds to me like what sidney powell's lawyers are arguing, is look, all of these people in coffee county, they didn't have any interaction with her. they don't know anything about it, but then there's somebody who's turned state's evidence against sidney powell who says but i was the one who was kind of the go between. that's how i read it. what do you make of their argument? >> it's interesting, and as we were listening to the reporter on the scene, i was thinking to myself, it's not unusual for a defense attorney to allege -- well, first of all, brady motions are not unusual. that is the motion they're talking about in terms of you have exculpatory evidence, you're supposed to turn that over. the notion of e-mails and documents, i'm curious as to how you know these things exist. i'm asking this because you have to have a good faith basis for filing a brady motion. it suggests you have them or you've seen them if you know that they exist, which begs the question from the prosecution well, why do you really need them to be produced during discovery. very curious about that. i'm more curious as to with this notion of the alleged forgery that has been advanced by the defense attorney, how do you intend to prove that's the case? listen, prosecutors deal with this sort of stuff all the time, and they understand the difference between what you have to give a grand jury and what you have to give a defense attorney in terms of their amounts of evidence. i'm not surprised that this is coming forward, and even as you are getting more people who are cooperating with fani willis's office, i think that there's going to be more conversation about the evidence that the prosecutors have and how that is being presented in terms of discovery to defense attorneys, so this is not a shocker. but i also don't expect it's going to be some huge block buster that's going to result in a dismissal against powell. >> charles, we know that there's one person who has -- and i've got 30 seconds for this. one person who has said they're going to turn. would you expect more? >> absolutely. but here's the important thing to understand, if you're goi to consider taking a plea, i advise you to tak it earlier because the more that other people take pleas, the less desirable the office from the prosecutors are going to get because you made them work harder and you made them work longer when you could have just flipped earlier on. that's going to be an interesting thing to watch. >> free advice from charles coleman. quite a bit of breaking news today. we thank you for rolling with it. i appreciate it. coming up, operations rescheduled. chemotherapy treatments on hold, a look at the awful ripple effects as 75,000 health care workers are on the picket lines again today. again today. % off any footlong when you join subway mvp rewards. so many all star options. it's just for subway mvps right? you catch on quick herbert. join now and get 50% off any footlong. 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(vo) trade in any iphone in any condition for a new iphone 15 pro on us. only on verizon. a legal case against congressman george santos could take a turn in the next hour when his former campaign treasurer is expected to plead guilty to felony charges in a long island federal courthouse. court documents say the guilty play relates to the ongoing criminal case against the embattled freshman republican who faces a 13-count indictment that includes charges of embezzling campaign funds and lying to congress on financial disclosure documents. santos, you may know has pleaded not guilty. he denies any wrong doing. it's unclear whether his former staffer has agreed to cooperate with prosecutors. the largest health care strike in u.s. history is already having major consequences for people in need of medical care. operations that had to be rescheduled, nonurgent pursues have been postponed. even chemotherapy treatments have been cancelled while 75,000 striking kaiser permanente workers hit the picket lines. david, what are you hearing from people there today? >> reporter: first of all, there's an update. in the last couple of hours, kaiser had a new proposal offering a 5% pay increase in the first year, short of the 7% the unions are asking for, and they're not budging on that. in the meantime, the disruptions are real. interestingly, though, a lot of patients we have spoken with are siding with the workers on this. here's what we heard from a couple who came to this hospital in l.a. for appointments today. >> we get to see our own doctor only once a year. i want to ask where is the money? kaiser, where is the money because when i had a car accident and i went to my doctor's clinic, there were not even band-aids. now we're finding out that not even the workers get paid what they're supposed to get. so where is the money? >> reporter: so like you heard, chris, a lot of patients blame the under staffing that the workers say is causing the strike in the first place. as the disruptions get worse and as the workers go on strike in november, where does public opinion fall, do they place the blame at the feet of the unions and workers or the feet of kaiser. chris. >> david noriega, in los angeles for us. thank you for that. that's going to do it for us this hour. join us for "chris jansing reports" every weekday 1:00 to 3:00 p.m. eastern right here on msnbc. "katy tur reports" starts right now ♪♪ good to be with you, i'm katy tur. the house gop says they will hold a vote for a new speaker next week. right now the house is in recess as republicans scramble to figure out who can lead them. there are two well known lawmakers who have already announced a run. you've heard them, steve scalise and jim jordan, but neither are a shoe in. scalise is a prolific fundraiser with a compelling personal story. he survived being shot by a deranged political activist, and is right now battling blood cancer, but he's universally liked. and right now he doesn't have the support of the former speaker, kevin m