>> the president has expressed full faith and confidence in me. >> fit for duty, the white house doctor releases his assessment of president biden calling him a healthy, active and robust 81-year-old. the one test he didn't have done. and why. more money, more problems, a judge refuses to halt donald trump's nearly half billion dollar fraud penalty. leaving him less than a month to pay the money or secure what he calls an impossible bond. plus, the largest wildfire in texas history grossed more than 1 million acres and counting. how people in one town covered in ash are talking about rebuilding. our nbc news reporters are following all of the latest developments. we begin on capitol hill where they push defense secretary lloyd austin for answers on his failure to disclose his secret hospital stay last month. nbc's courtney kube joins us now. how did the secretary defend himself? >> reporter: well, he did make the point over and over, that despite his hospitalization, despite his staff nor he notifying the white house or senior leaders or even members of congress about his hospitalization or about his cancer diagnosis that throughout the entire process there was no lapse in the command and control. but, chris, he was really grilled on this process for about two hours. and i have to point out, a hearing like this would tend to be longer than that. because of his ongoing medical issues and the discomfort that he would feel from sitting for too long, the hearing actually was held to two hours, and the members' questions were even held to four minutes. some of the members didn't get to ask their questions. that's uncommon for this sort of event. on the back and forth between the members, the republicans really questioned him over and over about the process here and the decision making not to inform the white house. secretary austin once again, as we've heard him do on multiple occasions now, chris, he said that they did not do a good job. and he took responsibility for it. here's what he had to say. >> i want to be very clear. there was never any lapse in authorities or in command and control. at all times either i or the deputy secretary was in a position to conduct the duties of my office. but we did have a breakdown in notifications during my january stay at walter reed, and that is sharing my location and why i was there. we did not handle this right, and i did not handle it right. as you know, i have apologized, including directly to the president. >> reporter: now, chris, where he says there we did not handle this right, one thing i was struck by in the hearing. there were several locations today where secretary austin said that he would have expected his organization would have done the notifications. that's the first time that we've heard that exact phrase. and again, he said it several times. the reason i point it out is this review that we got a summary of, the pentagon did a 30-day review into this entire incident, the procedures, whether they were followed, the review never actually held anyone accountable, and for the first time here today, despite the fact secretary austin did say that we didn't do well, he did actually lay a little bit of the responsibility on his staff for not notifying the white house or senior leaders that he had been in the hospital, but, again, there's still no indications anyone is going to be held accountable for this entire thing. >> courtney kube, thank you. now to the white house where the president's doctor says he is fit for duty after his annual physical. kelly o'donnell joins us now. what did the doctor have tonz -- to say about the president's health. >> the annual physical is quite routine. you're talking about the older president to have served when age is an issue in the campaign, it takes on additional importance and people will be looking at the results and trying to discern what they can about what this means for the president's reelection, and his ability to conduct the rigorous work of being president and candidate. well, dr. o'connor and the team of physicians who were at walter reed went through all of the important different kinds of assessments of the president, and everything is really very much the same as it was, a little bit of an addition in a common place, medicine that was added to his regimen, dealing with acid reflux, ongoing issues of some arthritis and stenosis in his spine, which has affected his gait, and perhaps to the per perceptions of some who watch him move, they may explain as age related. what doctor made a decision about is the scope of the examination which did not include a cognitive test because of the doctor's assessment that the president's cognitive abilities are strong. karine jean-pierre. >> the president does not need a cognitive assessment. that's not my assessment. that's the assessment of the president's doctor, the neurologist. he passes a cognitive test every day, every day as he moves from one topic to another topic. this is a very rigorous job and the president has been able to do this job every day for the past three years. >> reporter: and, chris, as you know, the president's physician puts out a public memo, which is available on white house.gov, for people who want to read all of the particulars about the assessment that was done and the results of the various tests and so forth, and the doctor is saying that the president, at age 81, is able to do the job, chris. >> kelly o'donnell, thank you. a judge just denied former president trump's request to put up less than the entire $464 million he owes in the civil fraud trial ruling. msnbc legal correspondent lisa rubin is back with me. so yesterday you and i talked about how trump wanted a $100 million bond instead of paying the whole thing. what exactly does the judge think about that? >> the judge didn't think much about it, chris, because trump was essentially trying to play let's make a deal to a court of law that is charged with enforcing legal obligations. new york state law is particular. it says where you're ordered to pay a sum of money, you have to put up an undertaking in the sum of the amount you're ordered to pay, in order to secure a stay as you go through the appeals process. and so they're not going to allow trump to circumvent that. at least not on an interim basis. yes, i will grant relief from a couple of facets of the judgment. in particular, you can borrow money. your sons can run the business right now. i won't relieve you of the monetary obligation to secure a stay. >> which means what? >> which means that unless and until a full panel of the new york appellate division, that's the first level of the appeals court here in new york state relieves him from that obligation between march 18th and march 25th. march 18th is when the briefing will be complete. march 25th is when the bond is due. that's what he'll have to pay. he'll have to pay all of it. >> so we could start seeing potentially some of his properties going on the market. what are the options here? >> i think the options are -- that seems like a lot of money in a short period of time that he doesn't seem to think or hasn't said he has. >> well, yesterday's order may solve some of that problem for him. in allowing him to borrow from financial institutions that are registered or chartered with new york state. that opens up some avenues for trump in terms of borrowing. he had complained to the judge yesterday that he wasn't able to secure a surety bond in part because of those restrictions on his borrowing. we'll see on or before march 25th if this loosens anything for donald trump, and allows him some financing that he says right now he doesn't otherwise have. >> lisa rubin, don't go far, we've got other stuff to talk about today. thank you. just hours away, or rather, just hours ago, one of the many wildfires scorching the texas panhandle officially became the largest in texas state history, it's showing no sign of slowing down. morgan chesky is live in texas, it looks like a mess behind you. what's going on? >> chris, it's tragic in every direction you look in the texas panhandle. canadian incredibly hard hit. dozens of homes were burned there. we've moved south to fritz, texas, which suffered from a different fire. this is one of the structures that were burned: authorities tell me this is the windy deuce fire, 160,000 acres strong, and we know it's only 30% contained. meanwhile, that large smoke house creek complex now a million acres, only 3% contained. the wind is fierce right now in the texas panhandle as it so often is. and that's one of the main concerns. i want you to hear what one of the park superintendents here overseeing some of the wild fire fighting had to say about conditions. take a listen. >> the wind is changing. that's one of the things that happens around here in the panhandle of texas, it's always windy. these winds do concern us. there's a lot of area that's burned. there's a lot of unburned area around here. fuels that are still available to pick up. as these winds change, it's going to test our lines on every direction. >> reporter: yeah, chris, in the last 24 hours, we have learned that this fire complex has turned deadly. a woman in texas was killed and we heard from her son earlier today. incredibly tragic here, chris. the woman was deaf in one ear, and was sleeping on her good ear. her son telling us, even if someone had been pounding on the door tell her to get out, she wouldn't have heard it. chris. >> that is unbelievably tragic, morgan chesky, thank you, we appreciate it. in 60 seconds, a supreme court stunner for special counsel jack smith. is there potentially another legal blow coming tomorrow? er legal blow coming tomorrow a vaccine to prevent lower respiratory disease from rsv in people 60 years and older. it's not for everyone and may not protect all who receive it. don't get abrysvo if you've had an allergic... ...reaction to its ingredients. a weakened immune system may decrease your response. most common side effects are tiredness, headache, injection-site pain and muscle pain. ask about pfizer's abrysvo®. because every breath matters. is special counsel jack smith's really bad week about to get a whole lot worse. after the supreme court agreed to hear donald trump's immunity case, the time line for that federal trial is now a big question mark, and tomorrow he will also learn whether his mar-a-lago classified documents case will be delayed as well. let me bring in former federal prosecutor kristy greenberg, lisa rubin is back with us. so the gop is telling trump supporters that he plans to be in florida for this hearing. what, lisa, can we expect tomorrow? >> tomorrow is really, chris, going to be a conversation about the schedule in this case. judge cannon has long told the parties that on march 1st, she would revisit the may 20th trial date. many people have said and i believe correctly, that that may 20th date can't hold. why? because her pretrial schedule to date doesn't include all of the briefing that needs to happen on classified information. so even if we weren't in a situation where the supreme court had agreed to hear immunity, it likely could not hold, but now there's a possibility that that trial could be put on hold completely. why? because in this trial, as in the federal election interference case, trump has moved to dismiss the indictment on the basis of presidential immunity. possible that judge cannon says immunity is the right to be free from the burdens of trial. if the supreme court is going to decide that issue, we might as well put this all on pause until the supreme court acts. >> what are you looking for in this? what are you anticipating? >> so i agree with lisa. i think that judge cannon was always going to look to put this off. there were too many motions, too many issues regarding the classified information procedures act. there are too many things that need to happen between now and may 20th for that trial date to hold, but now that there is this motion on presidential immunity that was made by trump's team, and you have the supreme court saying they will take this up april 22nd, that allows her a really convenient out here to kind of put this on pause and to be able to, you know, point to that in saying i need more guidance from the supreme court before i can go forward. expect jack smith's team to vigorously argue against that. and that they should continue, at least, there are many other motions to be dealt with other than presidential immunity and that they should keep going forward on those and expect trump to continue with his delay tactics. >> i want to pick up on a phrase that's used, which is a really convenient out. as you know, there's been a lot of scrutiny with judge aileen cannon, particularly from critics on the left, saying she clearly favors the man who put her on the bench, that man is former president donald trump. some people are saying, well, tomorrow is going to tell us a lot, but does this, indeed, give her, whether it's convenient or legit, a real out here? >> i think it does. i think it really does give her an out because, remember, judge chutkan also had other issues before her and other pending motions to dismiss, and even though she wanted to forge ahead, and essentially said as much in an order, she felt bound by precedent in her circuit. that's the d.c. circuit. that essentially holds that while immunity is on the table because immunity isn't just the right to be free from liability but the right to be free from the burdens of trial and everything that goes with it, there's a possibility that judge cannon says i can't go forward with any of this until i have guidance from the supreme court. lest i interfere with what they find is his right to be immune from prosecution. >> so kristy, the only real set date is march 25th. that's alvin bragg's criminal hush money case. it's the least serious, the least consequential, we've known that alvin bragg is trying to get people to stop calling it hush money. he wants to turn this into an election interference case. if that is the only trial we see before election day, how strong is it? >> so i don't think he's trying to turn it into an election interference case. it is an election interference case. and the way that you know that is even before alvin bragg charged this, my old office, the southern district of new york charged michael cohen with this federally. and it was deemed not only by the prosecutors to be serious election interference, that's what they said at his sentencing but by the federal judge in that case as well. this was considered an important case years ago, when michael cohen was prosecuted for it, and it's no less serious now a few years later. i think the only reason that we think about it, maybe, as not as serious is relative to the federal crimes that he's charged with, both in d.c. and in florida. yes, is it less serious than those, absolutely. those involve, you know, retaining classified information and national secrets and, you know, overthrowing our government and our electoral process. is it less serious than those, yes. but is it nonserious? no. it is a serious crime, and i expect that as this trial proceeds we will see the evidence and it will remind people of just how flagrant it is that donald trump was in the oval office signing checks to cover up this hush money scheme so that the american public would not know about his affair before they were going to the ballot box. i think it's serious. it's been judged serious before by a federal judge. and i think we will see the same in state court in a month. >> kristy greenberg, lisa rubin, thank you both so much. we've got breaking news from capitol hill. the house did just pass that plan to temporarily avert a government shutdown that was slated to happen friday night. of course this won't last long. it extends government funding deadlines to march 8th and march 22nd, so basically it buys lawmakers an extra week. the bill now heads to the senate and they are expected to vote sometime later today. and just moments ago, former president trump landed in texas. it puts him in the same state at the same time as president biden. so what will their message be to local voters about the border? you're watching "chris jansing reports" only on msnbc. rts" onlc so this is pickleball? it's basically tennis for babies, but for adults. it should be called wiffle tennis. pickle! yeah, aw! whoo! ♪♪ these guys are intense. we got nothing to worry about. with e*trade from morgan stanley, we're ready for whatever gets served up. dude, you gotta work on your trash talk. i'd rather work on saving for retirement. or college, since you like to get schooled. that's a pretty good burn, right? got him. good game. thanks for coming to our clinic, first one's free. you know, when i take the bike out like this, all my stresses just melt 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>> it basically means that the federal government is the one that's supposed to be enforcing immigration law. we saw that in the supreme court almost ten years ago with the arizona case where they said that no matter how frustrated a state might be, it's still up to the federal government to enforce immigration law. >> today both biden and trump's visit come as polls show the issue of immigration is hurting president biden with voters. 57% disapprove of the president's handling of immigration. in one recently poll, 71%, in a monmouth university poll. i know you told "the washington post" you have seen a lot of people in your district who say they have been lifelong democrats, now they're going for trump and the republicans. is there something the president can say or do today that i don't want to say can help them turn the corner, but might start that process, at least? >> yeah, absolutely. i think he can definitely start the process. we've all been looking at the same polls and certainly in my district, i see this. we'll vote for you, but we're going to vote for a different president, and that's simply because border security is real. it's real. and i think the fact that the president is down there in brownsville, the second time he's been down to the border, and if he looks at the people straight in the eye, the american public and say i understand it, i'm going to work on it. i'm going to address this, and take some executive action and work with congress so we can provide the funding, then i think he can start that process, and definitely moving, shifting over to the center is good for him, and it's not only good politics, but it's good policy also. >> that monmouth university poll found for the first time, a majority of americans, for the first time, a majority support a border wall. 53%. you know, we heard the refrain, build the wall from former president trump over and over and over again. does the president need to rethink his messaging? >> well, i think he can be strong on border security without calling for a wall. let me give you an example what he can do. do you remember in december we had 10, 12,000 people coming a day, and then the biden administration spoke to mexico and guess what, the following month it was cut in half. did we build a new border wall, no. what happened. we got mexico to do its job and stop people coming to our border. there are some actions the president can take, and there's certain things he can work. we need to make sure we deport the people that are not supposed to be here. show video because, you know, what you're showing right now are people coming in, but we don't have any video of people going back after they lost their appeal, and it's a final deportation order. >> i want to play, if i can, house speaker mike johnson criticizing the president's border visit just a little bit earlier today. >> the president's going to the border. you have heard this is only his second visit in three years, with everything going on, as bad as it is, the statistics are horrible, as catastrophic as they are, the effects in every community, he's seen fit to go twice, and he's going for a photo op, as you said, to brownsville, the 29th ranked hot spot on the border. why would he go to the 29th ranked hot spot, because he didn't really want to see the reality. >> does he have a point at all? should the president have made more than two trips to the border? >> look, you know, there are some people, some presidents that didn't go there that often. he's there. of course he's going to get criticized because he's there. first they criticize him for not going. then when he shows up, it's all a photo op. let me say this, the last two appropriation bills that we had with $2.5 billion to homeland, guess what, except for two republicans, including the speaker, they all voted no. border patrol money. making sure we have technology, boots on the ground, they all voted no. so saying one thing is one thing, but taking action is important. i'm glad the president is down there, and keep in mind, the valley used to be the number one border crossing. it was valley, eagle pass, el paso, now it's tucson, arizona. >> congressman henry cuellar, i know it's a busy day on capitol hill, appreciate you taking the time. >> anytime, thank you very much. a question senators are being asked today, do you want mitch mcconnell's job as republican senate leader? well, it didn't take long for texas senator john cornyn to say yes. >> people want to be more than just potted plants or have a binary option to vote yes or no on big ugly bills. so we need to get the senate working again, and i look forward to being a part of that effort. >> cornyn, one among the group known as the three johns and we'll see if barrasso and thun decide to get in, although not everyone is positioning for a run. >> are you at all interested in run something. >> no, absolutely not. no. >> joining me now, john kasich, former republican governor from ohio. he's an msnbc political analyst. okay. so senator cornyn told nbc this morning, governor, that he told donald trump yesterday he was getting in. he also reminded him that they worked well together when he was the majority whip. what does that say to you that the first official candidate to get in to replace mitch mcconnell, less than 24 hours after mcconnell made his announcement, went apparently first to donald trump? >> well, look, i mean, john cornyn, from everything i understand. first of all, i understand he's a very good man, a good senator. secondly, i don't think he's, like, this huge trump fan from everything i hear. here's what i think is going to happen, chris. we're going to have to see who wins the race. if trump gets elected president, we're likely to have somebody who's kind of a strong trump person, okay. now, most of the senators from what i hear, the research i've done, the people i have talked to, they're not thrilled with the guy, okay. but they go for him just to avoid lots of internal hassles and things, you know, politics and all that. if trump were to win, there will be somebody who will be more of a person that trump could rely on to move senate business. if he does not win, you can forget about that. then i think you're going to have somebody who is not a trump acolyte, and he probably could put cornyn into that category. but you also can put john thune in that category. john thune, served with him in the house. he's a good man. telegenic, young, aggressive, would probably be a pretty good candidate. the odds are, if trump were to win, i mean, you can probably, at this point in time, look toward barrasso to being the leader. if trump loses, i think right now, you put your money on john thune, maybe cornyn. that's what's insiders are saying. >> so i just want to ask you to make a little clarification. you say if donald trump is elected president, you think somebody will be in who is more of a person he can rely on to move senate business. is that what's going on or will it be, donald trump will say this is who i want and that will happen? >> remember, there's going to be a vote. and i don't think you're going to see full-on trump if trump were to win. >> you're not suggesting he would influence votes? >> no, what i'm saying to you, though, is there will be a moderating effect inside that whole senate caucus. and while trump may get their person, they're not going to get somebody that's going to be, you know, just doing whatever they want. the people who they may have endorsed trump, they may say good things about him, but they're not really trumpers. they're not really people that care that much for donald trump. they will restrain how much trump gets in my judgment. that's what will happen. it won't be somebody who's an all in trumper. somebody that trump would be able to rely on, and he would influence what happens in the senate. no question. he's not just going to get his way entirely. i'm not sure he's going to win the election. if he doesn't win the election, it's a whole new ball game down there. >> some things we have seen in congress might argue against that, less maybe so on the senate side. let me ask you a process question, if i can. because you worked on the hill. as contenders are clearly starting to have back door talks, trying to, you know, gauge how much support they might have, marco rubio pointed this ouchlt take a listen. >> we have plenty of time to figure this out. we'll see who's interested. we have good people, members that are going to get elected that will put us in the majority. those members deserve to have a voice in what happens here as well. not just the coronation in november. >> yeah, so mitch mcconnell says he's going to step down in november. is there necessarily a clear time line of when this vote for a new senate leader would happen or at least republican senate leader. could they wait until the election is decided and the new members are sworn in? >> oh, they won't decide this until -- they won't decide this until the election is over, chris. in terms of do they wait until the new members are seated, there will probably be an argument to do that, or else the members will be given a right to cast a vote inside the caucus. i mean, i think that's very possible. and so what i think is, we just got to see how this november election goes, believe it or not. and i don't want to be repetitive, but i guess i will be. if trump wins, he's going to have a lot of influence over who gets picked. the moderate republicans are going to say that's too much for us. they won't vote for him. if he loses, you're not going to get a big trumper. you might get somebody who endorsed trump and said good things about him. you got to remember, chris, what i hear and i talked to some of these senators, what happens is they do certain things to accommodate him. it doesn't mean they like him or really support him. i know it's a weird thing. it's kind of a strange thing. that's the kind of politics. but really it's kind of like life as well. people who work for a boss, and they really don't like him. you know deep down they don't like him. we're talking about human beings, human emotions and it will be interesting to watch where that goes. by the way, the senate is going to go republican. there's too many vulnerable democrats to not have that happen. i think it's also very likely the democrats win the house of representatives. keep an eye on it all, but that would be my prediction today. politics just like in life, what seems certain today is not necessarily true tomorrow, as you know. >> you're optimistic. i will give you that. governor john kasich of ohio. greatest state in the union. thank you. coming up, a big move to protect ivf nationwide blocked on capitol hill, but it isn't stopping the growing momentum in state houses across the country. this is "chris jansing reports" only on msnbc. s "chris jansing only on msnbc. for us, it's eggs any style. as long as they're the best. eggland's best. 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(♪♪) this election is about who shares your values. represent all that makes you, you. let me share mine. i'm the only candidate with a record of taking on maga republicans, and winning. when they overturned roe, i secured abortion rights in our state constitution. when trump attacked our lgbtq and asian neighbors, i strengthened our hate crime laws. i fought for all of us struggling to keep up with the rising cost of living. i'm evan low, and i approve this message for all of our shared values. what do i see in peter dixon? i see my husband... the father of our girls. i see a public servant. a man who served under secretary clinton in the state department... where he took on the epidemic of violence against women in the congo. i see a fighter, a tenacious problem-solver... who will go to congress and protect abortion rights and our democracy. because he sees a better future for all of us. i'm peter dixon and i "overflowing with ideas and energy." that's the san francisco chronicle endorsing democrat katie porter for senate over all other options. porter is "easily the most impressive candidate." "known for her grilling of corporate executives." with "deep policy knowledge." katie porter's housing plan has "bipartisan-friendly ideas to bring homebuilding costs down." and the chronicle praises "her ideas to end soft corruption in politics." let's shake up the senate. with democrat katie porter. i'm katie porter and i approve this message. we are seeing a veritable explosion of legislative action now, designed to protect reproductive rights after that controversial alabama court ruling defining an embryo as a child. on capitol hill, senate republicans blocked democrats' efforts to protect in vitro fertilization and fertility treatments with one mississippi republican arguing that ivf is not under threat. >> the bill before us today is a vast over reach that is full of poison pills that go way too far. >> it's clear many states see and feel the threat. including alabama where some clinics felt compelled to put services on hold and where large crowds yesterday turned out to support a bill to provide legal protections to allow those clinics to reopen. now, the alabama house passed that bill. it now heads to the state senate. at least ten states have also proposed bills to protect access to contraception, according to advocates. that includes virginia, which passed a bill. it's unclear if republican governor glenn young kin will sign it. a virginia state senator, anthony daniels is the minority leader of the alabama house of representatives. good to see both of you. representative daniels, in your stayed, alabama, that bill protecting ivf just passed the house, though its supporters say it's not a permanent solution. what happens now? do you think ivf will be protected? >> there's still a lot of uncertainty. there has to be a constitutional amendment that passes long term. the short-term solution is that the state of alabama is hoping that the supreme court justices, and there's not another lawsuit brought to challenge other parts of the actual law that we passed in 2019 or the personhood bill. and so my bill that i introduced would have, i think, solved the problem. i had my piece of legislation clearly define a fertilized embryo as not a child. this piece of legislation that the republicans passed and we voted for this bill because it does restore services for ivf clinics. >> have you been surprised? i mean, the immediate reaction to this in alabama all across the country, has it taken you by surprise? >> i was very surprised, but i warned them in 2019 that the bill that we were passing, and i introduced an amendment to protect rape and incest, and all the other bills that they were passing, we talked to them about the unintended consequences that would eventually come. they had no clue that roe v. wade would be overturned by the u.s. supreme court. they thought this was a trial run for them to be able to appeal to their base, but they have not looked at the unintended consequences that continue to plague our state. >> you sponsored virginia's right to contraception act. that would codify rights to condoms, the pill, iuds, plan b. i'm wondering what you have heard from constituents and as that bill sits on governor youngkin's desk, what are you hearing about whether he'll sign it? >> thank you so much. and there's been an overwhelming response here in virginia in support of this legislation. i know i've talked to so many voters who feel after the disastrous dobbs decision that we have to take action, and we have to protect the rights that we thought were previously enshrined, and the right to contraception is certainly one of those. and we have had a great deal of support and, in fact, polling shows that 90% of americans absolutely support the right to protect the right to contraceptive care and the right to use contraception. we thought these rights were protected after griswold in 1965, but supreme court justice clarence thomas has signalled that he is ready to take another look at griswold and if the supreme court acts in the same way that it did with roe v. wade, then we must absolutely protect the right to contraceptive care, not just in virginia, but across the country and hopefully federally as well. >> do you think that what you're hearing from constituents, there is a real level of concern. i think abortion, okay, people understood for a very long time, since roe v. wade that this was a point of contention. ivf caught people by surprise. but contraception, i think for a lot of people, it never even occurred to them that that could be under threat. how great do you see the threat as? >> i see a real threat in many many states, and that threat is coming from actions such as pulling back state support and funding for individuals to be able to access contraceptive care. it is certainly hitting our low income communities very hard. marginalized communities are bearing the brunt of this lack of access. and in the states that we see targeting clinics and providers that provide care for individuals all across the reproductive spectrum, that is where we are seeing the greatest crisis, so as clinics shut down, as ob/gyns leave certain states and as there is fewer access points for individuals to receive care, then access to contraception is at great risk, and so ensuring that we are able to provide that level of continuity of reproductive care in virginia is central to the work that we are doing here. >> representative daniels, i mentioned before that obviously this is having an impact and has started conversations all around the country. the court ruling in alabama. what have you learned in just the course of days less than probably i think now it's a couple of weeks that you tell other people in other states. i'm assuming that you have had conversations with people in other states who are expressing the same kinds of concerns that you're trying to address. >> absolutely, there are folks that are looking to move to alabama that are reconsidering. some of my friends put me in contact with folks that wanted to ask questions directly that have started the process of going through the ivf process, and wanted to make certain if they wanted to go through this process in alabama that it would be something, it will be resolved before april of next year. and so originally there was a sunset provision that ended the piece of legislation that was introduced to date in april, and so we were able to fight back and get that removed. but we're still not addressing the actual issue. the issue here is a fertilized embryo, should not be considered a child. in alabama, that is unreal, it's unconscionable, that we would even go to those measures to keep women, to take away women's rights. >> it's an important conversation and virginia state senator, gaza ha hashmi, and anthony daniel, you're right in the middle. thank you. the botched execution this time in idaho, one of the longest serving death row inmates in the u.s. so what happens to him now? salonpas, it's good 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...without the stuff you don't. so, here's to now. boost. viral. today the man who jumped over the bench to attack a nevada judge pled not guilty by reason of insanity to attempted murder charges. the arrest warrant charges that the defendant 30-year-old cursed at judge, lunged over the bench and tackled her, as you can see. at one point striking her in the head. redden was sentenced to 19 months in prison on other charges. his foster mother telling our local nbc affiliate he was born with drugs in his system and suffers from lifelong mental illness. today an idaho inmate is back on death row after the state failed in its first execution attempt in more than a decade. after spending about 45 minutes attempting, medical workers ultimately gave up trying to find a usable vein on thomas eugene creech. convicted of five murders, he's one of the longest serving death row inmates in history. the question now is will they try again. el win lopez is following this story for us. >> reporter: if they want to execute this man, they're going to have to seek another death warrant because that one expired at 11:59 p.m. yesterday. they're considering the next steps when they were asked exactly if they're going to seek out another death warrant. this was set to be idaho's first execution in more than a decade. it was halted after 40 minutes of trying to tap into a vein to place the iv, they started with his right arm, then moved on to his left arm, finally moving to his legs. at one point he said he was uncomfortable, his legs were hurting. they lifted up his legs and ultimately decided to halt the execution all together. state officials said the reason his legs were hurting was because of a cramp and the reason the execution was not carried out was because of the quality of his veins, not because of the lack of access points. we know that prior to him going into the execution room, there was a sort of physical exam, and they were able to say, listen, there are eight access points here that we believe we will be able to carry out this execution successfully. that obviously was not the case. now, remember idaho has another option on the table, and that is execution by firing squad. the only way they can use that is if two things happen, one, there isn't enough of that lethal drug, and two, if lethal injection's ruled unconstitutional. of course, neither of those were the case in this situation, but the department of corrections said that even if they could use that method, that they were not able to do so because they didn't have the facilities to be able to carry out that execution. one thing that i want to point out as well is that thomas creech said back in 1981 that he wanted to be executed either by firing squad or by hanging, and he said that he hated needles. so that is something of course that happened 40 years ago. we know that since then his lawyers filed a flurry of appeals to stay that execution. that did not happen, and now they're back to square one. chris. >> elwyn lopez, thank you. that's going to do it for us this hour. joining us for "chris jansing reports" every weekday from 1 to 3:00 p.m. eastern on msnbc. our coverage continues with "katy tur reports" next. 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