Transcripts For MSNBCW Jose 20240621 : comparemela.com

Transcripts For MSNBCW Jose 20240621



good morning. 11:00 a.m. eastern, 8:00 a.m. pacific. i'm jose diaz-balart. we begin this very busy hour with breaking news from the supreme court. in a major 8-1 decision, the court upheld a statute that bars people subjected to domestic violence restraining orders from having guns. joining us now, nbc news washington correspondent yamiche alcindor. good morning. break this down for us, if you would. >> reporter: this is a supreme court saying there are limits to the second amendment and in this case if you are somebody who is found in violation of domestic violence laws, and restraining order, you can temporarily have your firearms and access to firearms be taken away from you. i think it is interesting here because as you said, it is an 8-1 opinion. we talk about the supreme court being a 6-3 conservative majority. here in this case, you had liberals and conservatives on the same side, with chief justice john roberts writing the majority opinion here. the one dissenter is justice clarence thomas. i want to read to you a little out of his dissent. he said this law taking away guns from domestic violence abusers, that it violates the second amendment and the history and tradition of this country is that we didn't have domestic violence laws taking the guns away and as a result that should not be taken away. he said this lacks due process for the people who are -- who would be losing access to their guns. that being said, you heard from a number of concurring opinions here, including justice kagan and sotomayor who say it doesn't matter if in the beginning of this country you had laws protecting abusive husbands and not protecting their wives, that should not be the way forward. you have amy coney barrett saying specifically the second amendment is not absolute. i want to read to you a part -- a bit of a statement from attorney general merrick garland now weighing in. he says in part, the justice department will continue to enforce this important statute, which for nearly 30 years helped to protect victims and survivors of domestic violence from their abusers and we will continue to avail all available resources to support law enforcement, prosecutors, courts and victim advocates to address the pervasive problem of domestic violence. i want to remind people who brought this case, jackie rahimi, he is someone who his ex-partner said assaulted her, allegedly assaulted her, dragged her across the ground, fired a shot in the direction of a witness, and also was implicated in a series of other shootings. the supreme court was weighing in specifically on his access to guns saying he, given his history, should not have access to guns and others who have similar history should not have access to guns, jose. >> and 21 of june and we're still waiting for a number of key cases to come out from the supreme court. what are you watching for? >> reporter: that's right. there are a number of cases still pending before the supreme court. the big one is that trump immunity case with former president trump saying he has absolute immunity to criminal prosecution, saying he should not be prosecuted for any sort of crimes when done under the official acts of being the president. you also have another case dealing with abortion, it is whether or not idaho's near total abortion ban, whether or not it trumps federal law that requires that people have emergency medical care as related to emtala. we're waiting for a number of cases. also a case dealing with homelessness and whether or not a law in oregon there that says the people can't camp out, whether that's cruel and unusual punishment. a lot of cases. that big case we're looking forward to the trump immunity case. jose? >> yamiche alcindor, thank you. appreciate it. with us now to continue our conversation, katie phang, attorney and host of "the katie phang show" on msnbc and paul butler, former federal prosecutor and msnbc legal analyst. so, paul, just your reaction to this case that was announced today in an 8-1 decision. >> well, the court support for gun rights is not unconditional. this is a common sense decision. mr. rahimi beat up his girlfriend and said he would shoot her if she told anybody. so she appropriately got a restraining order that suspended his license to carry a gun. that didn't stop him. he threatened another woman with a gun, he shot off his gun in public places, five different times, including once when his friend's credit card got declined at a fast food restaurant. so, during oral argument, even the conservative justices were, like, this man should not be walking around armed and dangerous. the question was how legally does the court reach that result, given the expansive interpretation of the second amendment. so eight justices found a way or actually several different ways, which explains why there are three different opinions in support of the result, in addition to justice thomas' dissent. >> yeah, i mean, katie, reading through some of the concurring opinions and, of course, you know, clarence thomas' one dissent, tell me about what 8-1 tells you and then what is -- is this really reaffirming a precedent or is this specifically something that is tailored to one specific type of incident? seems like it could be both, right? >> i love your last question, jose, it really creates the framing for how all of us should be looking at this particular decision as you mentioned the bump stock decision just came out one week ago and when we saw that, it seemed like there were absolutes, lines in the sand that were being drawn to protect the second amendment from the supreme court. when you see an 8-1 decision, it makes you -- it gives you cause for pause. it makes you question this whole ideological battle that we think is going on in the halls of the revered supreme court. but then when you look at something like the dissent from justice thomas, he is speaking in absolutes, clarence thomas is saying that the second amendment is reverence and you cannot touch it and absolute. he is the lone dissent. the reason why it creates conflict and the reason why this is just going to be the beginning of a series of what could be inconsistent opinions from the highest court in our land, is you look at the language and the majority opinion that was drafted by chief justice roberts, he uses the phrase common sense and my esteemed colleague just talked about how this is a common sense decision. this is the collision that you and i talk about all the time, how much ground do we cede to common sense. how much ground does the supreme court cede to the development of time and the evolution of principles and ideas. of course somebody like this man, rahimi should not have his hands on a weapon. according to clarence thomas, the second amendment is an absolute constitutional right, it can never be infringed in any way. but the majority opinion and the concurrences make it clear that because, quote, this -- the precedence were not meant to suggest a law trapped in amber, that says to us, jose, that there should be differing opinions that come out, depending upon the facts in the case. but it is concerning, jose, because the supreme court doesn't take any and all second amendment challenges, do they? they don't. they're very selective about the -- they pick and choose what they want. and so depending upon the facts of the case, depending upon how the case made it to the supreme court, in this instance it came from the fifth circuit, which we know is very conservative in terms of its decisions, that is the fifth circuit that gave us the mifepristone decision and other challenging and controversial decisions, depending upon how that case makes it to the doorsteps of scotus and we talked about this last week, with bump stocks, that is how we end up having the precedent. i see a very deep, deep divide in scotus that is not just on ideological grounds, but how do we as supreme court justices interpret precedence. >> and, i want to ask you this, coney barrett and her explanation of things, there certainly is a change or difference there between how she perceives it and how thomas perceives it, right? is that kind of what you're talking about? and in an ad -- i was fascinated by ketanji jackson's, she says we should also be mindful of how it is legal standards are actually playing out in real life. >> that's so important because these decisions don't live in a vacuum. these decisions are from the highest court in the land control how you and i live our lives and all americans do because that is the final say in a legal quorum is what a supreme court decision is. and so all the lower courts across the united states are bound by those decisions. these are not decisions in a vacuum. rahimi getting his hands on a firearm is a recipe for disaster. it is literally a bomb waiting to go off or a gun waiting to fire. that is why when you look at somebody like clarence thomas or other decisions that seem to fly in the face of common sense, it makes you wonder, what is the purpose of the supreme court anymore? what is the reason why this place exists with lifetime appointed justices that make rules and laws that end up binding all of us to what they decide to be? and i think, again, you're going to see, you had november 7th, 2023, oral arguments, we're sitting here in june, the end of june of 2024, the reason why it took so long you see all of the majority opinions, the concurrences and dissent. it is 103 pages all in for what it is. but i'm sure as you're going to speak to paul about this, it is important for people to understand that we don't -- we have to live by these decisions, jose. so when you seeing some like this, it could have been a 6-3 flip or they say you can't infringe on the second amendment in any way. doesn't that ignore reality? there was no second amendment back in the colonial days. so, this kind of ignores reality of what is going on right now. >> and, paul, just your final thoughts on this, do you think that this is the reaffirmation of precedent or is this in any way setting up any new ground? >> it is pushing back on precedent, especially justice thomas' opinion in the bruin case a couple of years ago where he said for any gun regulation to survive a second amendment challenge, it has to fall within the history and tradition of firearm regulation. just jackson really comes for justice thomas in her concurring opinion and points out domestic violence wasn't even recognized as a crime until relatively recently. so it is not going to be something that the court could look to 1700 or 1800 and figure out what the law was on it then. so, there is an exception apparently created today to that original analysis if someone with a gun is a danger to others, but as you pointed out, last week, the court allowed anybody who wants to have a machine gun to have one. and, again, that's a person who also potentially could be a danger. so i think what we're seeing is the court struggling with this conservative second amendment ideology versus public safety and common sense. and the court still hasn't come up with a way to reconcile those two tensions. >> katie phang and paul butler, thank you very much. stay with us, if you would. up next, live to florida where a hearing is under way right now, former president trump's classified documents case. what is happening there so far. there is a lot of activity. plus, campaign cash. new reporting on the money both president biden and trump are bringing in and why the former president's coffers are filling up fast. and we'll talk to a white house official about the new nationwide effort on reproductive rights two years after the supreme court overturned roe v. wade. we're back in 90 seconds. you're watching "jose diaz-balart reports" on msnbc. os you're watching "jose diaz-balart reports" on msnbc. (vo) if you have graves' disease, your eye symptoms could mean something more. that gritty feeling can't be brushed away. even a little blurry vision can distort things. and something serious may be behind those itchy eyes. up to 50% of people with graves' could develop a different condition called thyroid eye disease, which should be treated by a different doctor. see an expert. find a t-e-d eye specialist at isitted.com when you purchase a pair of bombas socks, tees, or underwear, you also donate one to someone facing homelessness. one purchased equals one donated. 100 million donations and counting. visit bombas.com and get 20% off your first order. 14 past the hour, right now lawyers for former president trump and special counsel jack smith are before judge aileen cannon in the hearing about whether the special counsel's appointment was constitutional. trump faces 40 felony counts in connection with allegedly mishandling classified documents that were discovered at his mar-a-lago home. today's hearing is happening less than 24 hours after "the new york times" reported that shortly after judge cannon was assigned the case, two separate federal judges in her district urged her to decline the case and hand it off to another jurist, according to two people briefed on the matter. but judge cannon rejected those requests. so far, she has not yet set a date to start the trial. joining us now from outside the courthouse in fort pierce florida is ken dilanian, back with us katie fang and paul butler. it appears as though judge cannon is skeptical of trump's lawyers' arguments so far? >> reporter: let me first give you the big picture. today is the start of three days of marathon pretrial hearings that illustrates why this case is taking so long to go to trial and why many legal scholars are concerned about how the judge has handled the case. she is allowing hearing time for every matter in dispute and today she's taking extraordinary step of allowing friends of the court, outside parties, to argue that the appointment of jack smith was unconstitutional. that is something that does not happen in federal criminal trials. as to what is going on in court right now, the defense put on their argument that the appointment of jack smith was unconstitutional under the appointments clause. this is an argument that has been repudiated by other courts, when it was made regarding robert mueller and special counsel david rice who prosecuted hunter biden. the one difference between jack smith and those two men is jack smith was never confirmed by the senate. what donald trump's lawyers are doing is they are turning jack smith's independence on its head and saying, he's so independent, he's making his own decisions, that he's actually a principle officer, rather than an inferior officer and therefore he should have been senate confirmed because the founders didn't envision someone having that much power without having been reviewed by the senate. it is an interesting argument, made find its way to the supreme court at some point, but many legal experts are questioning why the judge is giving a day long hearing to these arguments rather than just making a ruling based on the briefs, written briefs filed in her courtroom, and this is the reason, jose, there is no trial date set for this case and none in sight. >> so, paul, how unusual is this that the -- that a judge brings in friends of the court arguments in these pretrial moments? >> everything is unusual about this hearing. but i think that's kind of usual for judge cannon. there is no reason for there to be a hearing on this issue at all. the law is settled. the lawyers have filed briefs and most judges would have decided just based on the briefs, they would have dismissed trump's motion. there is no reason that judge cannon should be deciding this herself. magistrates typically handle motions like this. the magistrate who would be responsible here is bruce reinhart. he has special expertise in public corruption. he knows this law way better than judge cannon. it is he who, just under typical procedures, should be handling this motion and finally, jose, the fact that she's allowing outside lawyers who are not representing either donald trump or jack smith to come and argue about this issue, in her courtroom, it is just plain weird. once again, the issue where judge cannon at this point is always isn't that she's incompetent or is it that she's biased in favor of the former president or is it a little bit of both? >> so, katie, taking a step back, trump was indicted initially in this documents case, what, exactly a year ago this month? >> yeah. there was a subsequent superseding indictment months later, but this has been going on for a while. >> how do you see the pace that this case has taken? >> i think it is common knowledge that the pace is just notoriously slow. we're never going to see this case before november of 2024. i'm optimistic, maybe, it will go in the beginning of 2025. but it all depends on the pretrial rulings. let me be clear, there is more motions pending that actually haven't been addressed yet by this judge. and these are substantive motions that need to be addressed. >> what kind of motions? >> you have other motions to dismiss and other motions to suppress and she did tee up those hearings and i'll be there next week to hear a lot of them. some of them are very important. some deal with the attorney client privilege issue regarding evan corcoran. i wanted to highlight something that came from oral arguments today. emil bove said attorneys general being able to appoint special counsels gives the attorney general the power to appoint a shadow government. so, jose, we're now hearing oral arguments on motions that should be summarily disposed of by the judge. if either side doesn't like the ruling, they can appeal it. that's what is the delay that is baked in here. she's allowing all of these oral arguments for hours, you let the outside third party lawyers come in and argue as well, and then you delay a ruling and because of that it delays the ability for either side to be able to appeal because you need to have something to appeal. but then cannon says, that sounds very ominous, a shadow government, but what does that mean? that question alone should make you question cannon's ability to be able to preside over this case, simply because you should not be entertaining that argument. the idea that a shadow government has been created by special counsel being appointed by the united states attorney is absurd. and as ken dilanian noted, this issue has been resolved by other jurisdictions, there is no conflict in terms of what is going on. >> the issue that jack smith was not confirmed by the senate, is that -- >> special counsel, special counsel has been used, has been deployed, used against people like hunter biden as we know. this is not just a completely one-sided appointment process, jose. that is why the fact that we're having an entire day dedicated to the appointment challenge on the appointments clause of jack smith is absurd. then monday, let me be clear, what are we going to deal with? the funding portion of jack smith on monday. that's a type of time that is being wasted, which could be used for substantive advancement, why is why the "times" article was astounding. >> i want to talk to you about that. according to this "new york times" exclusive article, one incident that motivated one of the judges to ask cannon to step aside was when she stepped in and appointed a special master to go through the evidence seized after the search warrant was approved by a different judge. now, again, in an unusual case of an unusual after unusual incident how unusual is that? >> for two federal judges to suggest that judge cannon remove herself from presiding over trump's criminal trial is unheard of. it is really not a basis of opinion, though whether judge cannon is mishandling this extremely important federal criminal trial. not a matter of opinion, a matter of fact based on was the very conservative 11th circuit did when it rebuked judge cannon not once, or twice for mishandling issues with regard to the search warrant. so, it is important to understand that one of the judges who suggested that judge cannon get off this case is herself a conservative judge who is appointed -- by who was appointed by a republican president. the chief judge now. i think she's concerned about the legitimacy of her courthouse, of her -- of the federal district she presides over, because, again, judge cannon is not making the rule of law equal justice under the law. she is not making it seem as though -- as though those are important factors in her rulings and in her courtroom. >> and we have new reporting about steve bannon this morning? >> reporter: yeah, that's right. steve bannon is trying to stay out of prison, having been sentenced to four months on the contempt of congress charge. last night a d.c. appeals court denied his request to stay out of prison. he's been ordered to report by july 1st. while he appeals this conviction, this morning, today, he's asking the supreme court to step in and allow him to remain out of prison while he appeals. he's asking the supreme court for relief here. he doesn't get it before july 1st, steve bannon is going to have to report to federal prison. >> ken dilanian, katie phang and paul butler, thank you so very much. coming up, how the biden administration is renewing its push to protect reproductive rights. we'll talk to health and human services secretary javier becerra about the nationwide effort. and why donald trump will get the last word at next week's presidential debate. you're watching "jose diaz-balart reports" on msnbc. a diaz-balart reports" on msnbc. everywhere. 4 out of 5 gynecologists would recommend whole body deodorant, which gives you 72 hour odor protection from your pits to your- (sfx: deoderant being sprayed) secret whole body deodorant. 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>> the message is very simple. your rights are at stake and we got to fight for this because there is a lot of confusion and disinformation about what happened after roe v. wade was overturned. people think it may only deal with abortion. that's not the case. it is about having access to healthcare, your rights to have the freedom to make a decision, your autonomy with your body, and talk to the women who are trying to have babies, not trying to have an abortion, but babies through in vitro fertilization who are seeing that put at risk because of the loss of the protections under roe v. wade. >> and so the -- it is not lost that some of the states you're visiting are key states for president biden's re-election come november. why these states and what is your message for those specific targeted states? >> we are making the rounds, the tour is going to include good number of the states in the southwest. i'll then travel northwest and the southeast as well. i've been doing this for a couple of years now, and this time we're focusing on the fact that this is the two-year anniversary of the decision that took away rights to healthcare under roe v. wade. obviously as well, the supreme court is getting ready to issue some very important decisions. one in particular with regard to access to emergency care for all americans, and so it is appropriate for us to be going to states, especially states where women are finding their rights to access to healthcare they need are being restricted. >> secretary, i know that you're also focused very intently on the latino community. tell me what message is there and you are really one of the few people in government that right now that can speak english and spanish fluently as well as you do. what is your message to our community in both english and espaniol. >> it is good to be able to communicate in two languages. especially on something like reproductive healthcare rights. so many people being deprived of their rights and aren't really sure what their rights even are people who are trying to learn english, people who are lower income who for whom english may be more difficult to comprehend. we don't want anyone to misunderstand what their rights are, be confused, because health, maybe life is at stake, and so it is important to communicate to people throughout this country and we know the folks most impacted by the loss of rights under roe v. wade are people of color, people of lower income status, for whom it is tough to travel anywhere to find the care that they need. >> and secretary, you talk about the confusion and disinformation that is prevalent in our communities. why is that confusion and disinformation so prevalent? >> part of it is because different states handle abortion care differently. you hear a lot of talk by politicians of trying to restrict access to contraception. you hear that in some states, some members in politics want to even eliminate the access to in vitro fertilization. so, because of all those different efforts and because of the different stories and the different laws now made possible by overturning roe v. wade, so that now it is not uniform protection for women, it becomes very difficult for folks to understand and may be getting information from social media, from one part of the country where the rights and opportunities are different. and we want people to understand what their rights are because whether it is the issue of privacy, or a provider's privacy to make sure they're providing the care that a patient needs totally in privacy or simply making sure people have access to the care they need, including emergency care, we want folks to know the truth, we want folks to have the facts. >> javier becerra, thank you for being with us today. i say i'm very grateful for your time always. up next, we'll tell you about the reclusive billionaire who just gave a whopping $50 million donation to a pro trump super pac. and extreme weather gripping millions across the country, from dangerous heat, raging wildfires and flooding, we have got the very latest. you're watching "jose diaz-balart reports" on msnbc. e. you're watching "jose diaz-balart reports" on msnbc. - so this is pickleball? 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>> i think if you zoom out a little bit, jose, biden has been able to raise money from democratic donors for this campaign specifically for much longer than trump has because trump was in a primary so there are a lot of republicans who had not yet given to him, because they gave to other candidates. part of this is the natural coalescing of the republican party behind trump. on the other hand, if you are -- if you're sitting in biden's headquarters, you don't like the numbers. what they do show is that donald trump is going to have enough money to run this campaign in a very full way. you don't like that your numbers are so much smaller than his in that month of may and you're probably redoubling your efforts to raise money to make sure that doesn't happen. if you just look at trump and the rnc, they raised $106 million in may, biden and the dnc, $60 million. the difference there is 76% more for trump than the rnc. that's not sustainable for the democrats if that were to continue month after month. >> yeah, i mean, erin, we saw the graphic there, i want to bring that back up, because the trump campaign said it raised $53 million online in the first 24 hours after the verdict in new york. and 70 million in the first 48 hours. now, that timothy mellon donation was listed on the day of trump's guilty verdict. this conviction apparently has helped trump financially. what do you make of that? >> yeah, i mean, it really was stunning to wake up this morning to that, i saw the associated press headline that says trump dwarves biden in latest fund-raising numbers after felly convictions. that's a stunning sentence to read that does say a lot about where we are as a country and where we are in this campaign. our former president trump has absolutely been using his legal challenges and this felony conviction on the campaign trail. and has used it to effectively raise money from his supporters, who also see his legal challenges as part of their own, you know, battle, in this re-election. so, in his effort to be re-elected. so, you know, the biden campaign was already flush with cash, but if trump is now gaining on him, how is that going to change really the battle on the airwaves, how is that going to change the battle in terms of the ground game, particularly in an election that is already expected to be really close, if the money gets really close too, what does that mean in battleground states? >> yeah, and jonathan, meanwhile, the presidential debate less than a week away. what more are we learning about both campaigns' preparations? >> perhaps not surprisingly for folks who have watched these could candidates before, joe biden is doing traditional debate prep, going to camp david this weekend and perhaps up until the debate, huddling with advisers, familiar names and anita dunn, one of his top advisers, the co-chairman of his last campaign, we expect his going to be involved in full mock debates. where as trump really likes to do this by the seat of his pants. he refers not to do the sort of formal debate prep, but rather to talk about the issues and one thing that i've been told repeatedly is that he very much likes to not preview what he's going to say, even to his own aides, because he wants it to sound natural when it comes out the first time, he wants it to have more punch and be more convincing from him. doesn't want to feel like he's saying something he said before. we'll see how these two styles go. remember the first debate last time, trump was sort of all over the place, interrupting biden, it was very bad for him. by the second debate he had gotten more control of himself and folks thought that was a little more even of a debate. >> jonathan allen and erin haines, thank you so much. appreciate it. up next, moving wildfires, havoc in new mexico, we'll tell you about the new dangers facing the entire area. we're joined by jared moskowitz, what he's urging his colleagues in congress to do to get more resources to communities impacted by extreme weather. congressman, great seeing you. we'll chat in just a minute. gr. we'll chat in just a minute. it's been there. long enough to produce eggs, it seems. it would appear that it has begun moving towards us! visionworks. see the difference. 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>> reporter: thankfully today, jose, the weather here is cooperating. it has made favorable conditions for firefighters for first time since this fire started. we're not in the same heat wave as a lot of the rest of the country. it is cold, it is damp, it is drizzling. a fire behavioralist said these are perfect conditions to stop or slow the spread of the flames. the problem is the spread of the flames here is immense, we're talking about 23,000 acres, split up between not one, but two fires which have surrounded a small community behind me. in total, a larger landmass than the size of manhattan. these flames have been deadly and tumultuous and devastating for this community. 1400 structures have burned or been destroyed or marred in some way. 500 of those estimated are homes, two people have died in this fire, in both fires that combined to surround this town. 8,000 evacuations, mandatory evacuations remain in place. so, the conditions may be favorable, but firefighters have a lot of work to do. there is as far as we know today no containment on either of these fires. and so they're locked in a desperate battle. so much so that the entire congressional delegation of new mexico sent president biden a letter to try to get major disaster declaration, the president did declare that, so, we have federal officials on the ground, fema will lead the disaster effort to try to help people. but sort of the counter to the good news about the fact that there is moisture in the air is that there was .2 of an inch of rain the other day and there was a flash flood warning because these burn scars are so ripe for the possibility of flooding. it is raining again today. firefighters dealing with it on all fronts really. jose? >> steve patterson, thank you so very much. amid all the issues that steve was talking about, one lawmaker introduced a bill to try and ensure the federal emergency management agency fema has the funding to respond to disasters. fema's disaster relief fund is set to run out of money in august. joining us now is democratic congressman jared moskowitz of florida, he is the former emergency management director for florida and is behind this proposal. congressman, great seeing you, always. let me get this straight. we're just starting the hurricane season, the atlantic hurricane season, right, june 1st through november. it is already a mess out there. you got wildfires everywhere. steve patterson is talking about 23,000 acres burned just in new mexico, and fema is about to run out of money? >> yes, it is deja vu all over again. thank you for having me and talking about this. this is exactly what happened last year. last year we had the same problem, the disaster relief fund called the drf was running out of money as we were getting into the last hurricane season and we needed $12 billion to shore up that fund, and then we had the hawaii fires, the horrible fire in hawaii which then obviously, you know, bump that number up to over $14 billion to shore up fema's disaster relief fund. i went out to hawaii with kevin mccarthy to tour that damage to really press upon congress to make sure that we go ahead and pass a fema supplemental. we actually did that last september. now with all the chaos in congress that has happened since his removal and the dysfunction, i am dramatically concerned that fema is not only dealing with fire season, you're seeing in new mexico, we're going into what is being described as maybe the worst hurricane prediction we have seen in over a decade. 17 to 25 named storms potentially headed to the coast of the united states. and fema running out of money, what does that mean? that means that they will slow the process for federal funds, which will slow obviously any response or cleanup or, you know, communities recovering because cities and counties and states will make decisions when that money is coming -- when the money is going to come in. this will dramatically impact the nation's ability to respond at the local level if fema does not get their disaster relief fund money. >> congressman, what does your bill include? why the heck is this not just commonly put in as just a regular thing? >> look, fema has a regular budget. unfortunately, because disasters dealing with the changes in our weather and our weather patterns, we're seeing bigger disasters. we are seeing disasters in areas that didn't happen before. tornado alley is expanding. enhanced flooding. the cost of the disasters are dramatically increasing. as a result of which, there's a gap. that's why fema needs a supplemental. we passedsupplementals in the past. there was one after sandy and harvey. these are normally. usually it happens. we don't wait until we're in the middle of hurricane season. the speaker could take my bill up tomorrow, put it on the floor. we could vote on it and send it over to the senate and get disaster funding. this is a bipartisan issue. we have had sponsors -- republican sponsors in the senate in the past trying to make sure fema has the resources. look, we also have a vote on the budget coming in september about whether or not we're going to keep the government open. i'm worried that fema is going to get caught in the crosshairs. >> it doesn't make any sense for this bill not to be put on immediately. let's see what happens on that one. i want to take advantage of your time and i want to turn your attention to the supreme court. president biden just released a statement on the supreme court's gun decision today that he and vice president harris will continue to call on congress to further strengthen support, protections for survivors and take action to stop gun violence tearing our communities apart. what's your reaction to that? >> i think the supreme court got this decision right after the shooting at my high school. we passed the school safety act. we did a number of things in that bill. one of the things we did was red flag laws, risk protection orders. at that point, florida was the sixth state in the nation to do that. since that time, in six years it's been in place, law enforcement has used risk protection orders over 12,000 times here in the state of florida. law enforcement deedeemed someoa danger to themself or others and was able to confiscate their weapons. this works. this is a tool that helps keep guns out of the hands of people who are mentally ill or guns out of the hands of people that are a danger to the community. i'm happy to see the supreme court allow this tool, say it's constitutional. we believed it was. now that it is, it's time for the federal government to act. it's time for congress and the senate to pass a federal red flag law. this will be a tool that communities can use to help prevent things that happen in my neighborhood, like a shooting at a high school. it will help keep suicides down. it will protect our veterans. it will help people suffering from domestic abuse. i think the supreme court got it right. i think now it's time for congress to act. >> it's always a pleasure to see you. thank you so much for your time. >> thanks, jose. up next, new comments from benjamin netanyahu about the war of words between him and the white house. you are watching "jose diaz-balart reports." diaz-balart reports. you know what's brilliant? 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>> reporter: we have been hearing from netanyahu all week. he did say at one point in the interview that he was grateful to the biden administration. but there were some supply issues he said that were still outstanding, that hadn't been resolved. this was a long interview. this bookends a week in which netanyahu really has been dealing with problems almost entirely of his own making. this is in a way classic netanyahu, what you are seeing here, this comment about bringing up the threat of enemies and saying that he needs to act, he needs to get help from the united states in order to fight against mutual enemies, the same ones the united states has. these looming threats in the background. he speaks this way to the u.s. administration, to the american public. he speaks this way to the israeli public as well. without me, this country will fall. without me, extracting concessions to the u.s., then this country will be defenseless. this is something he has campaigned on throughout his entire career, that he alone is in a very, very special place when it comes to extracting concessions, weapons, money, political cover from the united states. so now, it looks as though that comment he made, that sparked it all, that video where he chided the u.s., this was for not just american consumption, but for domestic consumption as well. jose? >> matt bradley in tel aviv, thank you so very much. that wraps up the hour for me. i'm jose diaz-balart. catch me right back here at 2:00 p.m. eastern. i will fill in for chris jansing. see you tomorrow night on "nbc nightly news." thank you for the privilege of your time. andrea mitchell picks up with more news right now. right now on "andrea mitchell reports," a big ruling from the supreme court. an overwhelming 8-1 majority led by chief justice roberts upholding a ban on people under domestic violence restraining orders from having firearms. a big win for the biden administration. the sole

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good morning. 11:00 a.m. eastern, 8:00 a.m. pacific. i'm jose diaz-balart. we begin this very busy hour with breaking news from the supreme court. in a major 8-1 decision, the court upheld a statute that bars people subjected to domestic violence restraining orders from having guns. joining us now, nbc news washington correspondent yamiche alcindor. good morning. break this down for us, if you would. >> reporter: this is a supreme court saying there are limits to the second amendment and in this case if you are somebody who is found in violation of domestic violence laws, and restraining order, you can temporarily have your firearms and access to firearms be taken away from you. i think it is interesting here because as you said, it is an 8-1 opinion. we talk about the supreme court being a 6-3 conservative majority. here in this case, you had liberals and conservatives on the same side, with chief justice john roberts writing the majority opinion here. the one dissenter is justice clarence thomas. i want to read to you a little out of his dissent. he said this law taking away guns from domestic violence abusers, that it violates the second amendment and the history and tradition of this country is that we didn't have domestic violence laws taking the guns away and as a result that should not be taken away. he said this lacks due process for the people who are -- who would be losing access to their guns. that being said, you heard from a number of concurring opinions here, including justice kagan and sotomayor who say it doesn't matter if in the beginning of this country you had laws protecting abusive husbands and not protecting their wives, that should not be the way forward. you have amy coney barrett saying specifically the second amendment is not absolute. i want to read to you a part -- a bit of a statement from attorney general merrick garland now weighing in. he says in part, the justice department will continue to enforce this important statute, which for nearly 30 years helped to protect victims and survivors of domestic violence from their abusers and we will continue to avail all available resources to support law enforcement, prosecutors, courts and victim advocates to address the pervasive problem of domestic violence. i want to remind people who brought this case, jackie rahimi, he is someone who his ex-partner said assaulted her, allegedly assaulted her, dragged her across the ground, fired a shot in the direction of a witness, and also was implicated in a series of other shootings. the supreme court was weighing in specifically on his access to guns saying he, given his history, should not have access to guns and others who have similar history should not have access to guns, jose. >> and 21 of june and we're still waiting for a number of key cases to come out from the supreme court. what are you watching for? >> reporter: that's right. there are a number of cases still pending before the supreme court. the big one is that trump immunity case with former president trump saying he has absolute immunity to criminal prosecution, saying he should not be prosecuted for any sort of crimes when done under the official acts of being the president. you also have another case dealing with abortion, it is whether or not idaho's near total abortion ban, whether or not it trumps federal law that requires that people have emergency medical care as related to emtala. we're waiting for a number of cases. also a case dealing with homelessness and whether or not a law in oregon there that says the people can't camp out, whether that's cruel and unusual punishment. a lot of cases. that big case we're looking forward to the trump immunity case. jose? >> yamiche alcindor, thank you. appreciate it. with us now to continue our conversation, katie phang, attorney and host of "the katie phang show" on msnbc and paul butler, former federal prosecutor and msnbc legal analyst. so, paul, just your reaction to this case that was announced today in an 8-1 decision. >> well, the court support for gun rights is not unconditional. this is a common sense decision. mr. rahimi beat up his girlfriend and said he would shoot her if she told anybody. so she appropriately got a restraining order that suspended his license to carry a gun. that didn't stop him. he threatened another woman with a gun, he shot off his gun in public places, five different times, including once when his friend's credit card got declined at a fast food restaurant. so, during oral argument, even the conservative justices were, like, this man should not be walking around armed and dangerous. the question was how legally does the court reach that result, given the expansive interpretation of the second amendment. so eight justices found a way or actually several different ways, which explains why there are three different opinions in support of the result, in addition to justice thomas' dissent. >> yeah, i mean, katie, reading through some of the concurring opinions and, of course, you know, clarence thomas' one dissent, tell me about what 8-1 tells you and then what is -- is this really reaffirming a precedent or is this specifically something that is tailored to one specific type of incident? seems like it could be both, right? >> i love your last question, jose, it really creates the framing for how all of us should be looking at this particular decision as you mentioned the bump stock decision just came out one week ago and when we saw that, it seemed like there were absolutes, lines in the sand that were being drawn to protect the second amendment from the supreme court. when you see an 8-1 decision, it makes you -- it gives you cause for pause. it makes you question this whole ideological battle that we think is going on in the halls of the revered supreme court. but then when you look at something like the dissent from justice thomas, he is speaking in absolutes, clarence thomas is saying that the second amendment is reverence and you cannot touch it and absolute. he is the lone dissent. the reason why it creates conflict and the reason why this is just going to be the beginning of a series of what could be inconsistent opinions from the highest court in our land, is you look at the language and the majority opinion that was drafted by chief justice roberts, he uses the phrase common sense and my esteemed colleague just talked about how this is a common sense decision. this is the collision that you and i talk about all the time, how much ground do we cede to common sense. how much ground does the supreme court cede to the development of time and the evolution of principles and ideas. of course somebody like this man, rahimi should not have his hands on a weapon. according to clarence thomas, the second amendment is an absolute constitutional right, it can never be infringed in any way. but the majority opinion and the concurrences make it clear that because, quote, this -- the precedence were not meant to suggest a law trapped in amber, that says to us, jose, that there should be differing opinions that come out, depending upon the facts in the case. but it is concerning, jose, because the supreme court doesn't take any and all second amendment challenges, do they? they don't. they're very selective about the -- they pick and choose what they want. and so depending upon the facts of the case, depending upon how the case made it to the supreme court, in this instance it came from the fifth circuit, which we know is very conservative in terms of its decisions, that is the fifth circuit that gave us the mifepristone decision and other challenging and controversial decisions, depending upon how that case makes it to the doorsteps of scotus and we talked about this last week, with bump stocks, that is how we end up having the precedent. i see a very deep, deep divide in scotus that is not just on ideological grounds, but how do we as supreme court justices interpret precedence. >> and, i want to ask you this, coney barrett and her explanation of things, there certainly is a change or difference there between how she perceives it and how thomas perceives it, right? is that kind of what you're talking about? and in an ad -- i was fascinated by ketanji jackson's, she says we should also be mindful of how it is legal standards are actually playing out in real life. >> that's so important because these decisions don't live in a vacuum. these decisions are from the highest court in the land control how you and i live our lives and all americans do because that is the final say in a legal quorum is what a supreme court decision is. and so all the lower courts across the united states are bound by those decisions. these are not decisions in a vacuum. rahimi getting his hands on a firearm is a recipe for disaster. it is literally a bomb waiting to go off or a gun waiting to fire. that is why when you look at somebody like clarence thomas or other decisions that seem to fly in the face of common sense, it makes you wonder, what is the purpose of the supreme court anymore? what is the reason why this place exists with lifetime appointed justices that make rules and laws that end up binding all of us to what they decide to be? and i think, again, you're going to see, you had november 7th, 2023, oral arguments, we're sitting here in june, the end of june of 2024, the reason why it took so long you see all of the majority opinions, the concurrences and dissent. it is 103 pages all in for what it is. but i'm sure as you're going to speak to paul about this, it is important for people to understand that we don't -- we have to live by these decisions, jose. so when you seeing some like this, it could have been a 6-3 flip or they say you can't infringe on the second amendment in any way. doesn't that ignore reality? there was no second amendment back in the colonial days. so, this kind of ignores reality of what is going on right now. >> and, paul, just your final thoughts on this, do you think that this is the reaffirmation of precedent or is this in any way setting up any new ground? >> it is pushing back on precedent, especially justice thomas' opinion in the bruin case a couple of years ago where he said for any gun regulation to survive a second amendment challenge, it has to fall within the history and tradition of firearm regulation. just jackson really comes for justice thomas in her concurring opinion and points out domestic violence wasn't even recognized as a crime until relatively recently. so it is not going to be something that the court could look to 1700 or 1800 and figure out what the law was on it then. so, there is an exception apparently created today to that original analysis if someone with a gun is a danger to others, but as you pointed out, last week, the court allowed anybody who wants to have a machine gun to have one. and, again, that's a person who also potentially could be a danger. so i think what we're seeing is the court struggling with this conservative second amendment ideology versus public safety and common sense. and the court still hasn't come up with a way to reconcile those two tensions. >> katie phang and paul butler, thank you very much. stay with us, if you would. up next, live to florida where a hearing is under way right now, former president trump's classified documents case. what is happening there so far. there is a lot of activity. plus, campaign cash. new reporting on the money both president biden and trump are bringing in and why the former president's coffers are filling up fast. and we'll talk to a white house official about the new nationwide effort on reproductive rights two years after the supreme court overturned roe v. wade. we're back in 90 seconds. you're watching "jose diaz-balart reports" on msnbc. os you're watching "jose diaz-balart reports" on msnbc. (vo) if you have graves' disease, your eye symptoms could mean something more. that gritty feeling can't be brushed away. even a little blurry vision can distort things. and something serious may be behind those itchy eyes. up to 50% of people with graves' could develop a different condition called thyroid eye disease, which should be treated by a different doctor. see an expert. find a t-e-d eye specialist at isitted.com when you purchase a pair of bombas socks, tees, or underwear, you also donate one to someone facing homelessness. one purchased equals one donated. 100 million donations and counting. visit bombas.com and get 20% off your first order. 14 past the hour, right now lawyers for former president trump and special counsel jack smith are before judge aileen cannon in the hearing about whether the special counsel's appointment was constitutional. trump faces 40 felony counts in connection with allegedly mishandling classified documents that were discovered at his mar-a-lago home. today's hearing is happening less than 24 hours after "the new york times" reported that shortly after judge cannon was assigned the case, two separate federal judges in her district urged her to decline the case and hand it off to another jurist, according to two people briefed on the matter. but judge cannon rejected those requests. so far, she has not yet set a date to start the trial. joining us now from outside the courthouse in fort pierce florida is ken dilanian, back with us katie fang and paul butler. it appears as though judge cannon is skeptical of trump's lawyers' arguments so far? >> reporter: let me first give you the big picture. today is the start of three days of marathon pretrial hearings that illustrates why this case is taking so long to go to trial and why many legal scholars are concerned about how the judge has handled the case. she is allowing hearing time for every matter in dispute and today she's taking extraordinary step of allowing friends of the court, outside parties, to argue that the appointment of jack smith was unconstitutional. that is something that does not happen in federal criminal trials. as to what is going on in court right now, the defense put on their argument that the appointment of jack smith was unconstitutional under the appointments clause. this is an argument that has been repudiated by other courts, when it was made regarding robert mueller and special counsel david rice who prosecuted hunter biden. the one difference between jack smith and those two men is jack smith was never confirmed by the senate. what donald trump's lawyers are doing is they are turning jack smith's independence on its head and saying, he's so independent, he's making his own decisions, that he's actually a principle officer, rather than an inferior officer and therefore he should have been senate confirmed because the founders didn't envision someone having that much power without having been reviewed by the senate. it is an interesting argument, made find its way to the supreme court at some point, but many legal experts are questioning why the judge is giving a day long hearing to these arguments rather than just making a ruling based on the briefs, written briefs filed in her courtroom, and this is the reason, jose, there is no trial date set for this case and none in sight. >> so, paul, how unusual is this that the -- that a judge brings in friends of the court arguments in these pretrial moments? >> everything is unusual about this hearing. but i think that's kind of usual for judge cannon. there is no reason for there to be a hearing on this issue at all. the law is settled. the lawyers have filed briefs and most judges would have decided just based on the briefs, they would have dismissed trump's motion. there is no reason that judge cannon should be deciding this herself. magistrates typically handle motions like this. the magistrate who would be responsible here is bruce reinhart. he has special expertise in public corruption. he knows this law way better than judge cannon. it is he who, just under typical procedures, should be handling this motion and finally, jose, the fact that she's allowing outside lawyers who are not representing either donald trump or jack smith to come and argue about this issue, in her courtroom, it is just plain weird. once again, the issue where judge cannon at this point is always isn't that she's incompetent or is it that she's biased in favor of the former president or is it a little bit of both? >> so, katie, taking a step back, trump was indicted initially in this documents case, what, exactly a year ago this month? >> yeah. there was a subsequent superseding indictment months later, but this has been going on for a while. >> how do you see the pace that this case has taken? >> i think it is common knowledge that the pace is just notoriously slow. we're never going to see this case before november of 2024. i'm optimistic, maybe, it will go in the beginning of 2025. but it all depends on the pretrial rulings. let me be clear, there is more motions pending that actually haven't been addressed yet by this judge. and these are substantive motions that need to be addressed. >> what kind of motions? >> you have other motions to dismiss and other motions to suppress and she did tee up those hearings and i'll be there next week to hear a lot of them. some of them are very important. some deal with the attorney client privilege issue regarding evan corcoran. i wanted to highlight something that came from oral arguments today. emil bove said attorneys general being able to appoint special counsels gives the attorney general the power to appoint a shadow government. so, jose, we're now hearing oral arguments on motions that should be summarily disposed of by the judge. if either side doesn't like the ruling, they can appeal it. that's what is the delay that is baked in here. she's allowing all of these oral arguments for hours, you let the outside third party lawyers come in and argue as well, and then you delay a ruling and because of that it delays the ability for either side to be able to appeal because you need to have something to appeal. but then cannon says, that sounds very ominous, a shadow government, but what does that mean? that question alone should make you question cannon's ability to be able to preside over this case, simply because you should not be entertaining that argument. the idea that a shadow government has been created by special counsel being appointed by the united states attorney is absurd. and as ken dilanian noted, this issue has been resolved by other jurisdictions, there is no conflict in terms of what is going on. >> the issue that jack smith was not confirmed by the senate, is that -- >> special counsel, special counsel has been used, has been deployed, used against people like hunter biden as we know. this is not just a completely one-sided appointment process, jose. that is why the fact that we're having an entire day dedicated to the appointment challenge on the appointments clause of jack smith is absurd. then monday, let me be clear, what are we going to deal with? the funding portion of jack smith on monday. that's a type of time that is being wasted, which could be used for substantive advancement, why is why the "times" article was astounding. >> i want to talk to you about that. according to this "new york times" exclusive article, one incident that motivated one of the judges to ask cannon to step aside was when she stepped in and appointed a special master to go through the evidence seized after the search warrant was approved by a different judge. now, again, in an unusual case of an unusual after unusual incident how unusual is that? >> for two federal judges to suggest that judge cannon remove herself from presiding over trump's criminal trial is unheard of. it is really not a basis of opinion, though whether judge cannon is mishandling this extremely important federal criminal trial. not a matter of opinion, a matter of fact based on was the very conservative 11th circuit did when it rebuked judge cannon not once, or twice for mishandling issues with regard to the search warrant. so, it is important to understand that one of the judges who suggested that judge cannon get off this case is herself a conservative judge who is appointed -- by who was appointed by a republican president. the chief judge now. i think she's concerned about the legitimacy of her courthouse, of her -- of the federal district she presides over, because, again, judge cannon is not making the rule of law equal justice under the law. she is not making it seem as though -- as though those are important factors in her rulings and in her courtroom. >> and we have new reporting about steve bannon this morning? >> reporter: yeah, that's right. steve bannon is trying to stay out of prison, having been sentenced to four months on the contempt of congress charge. last night a d.c. appeals court denied his request to stay out of prison. he's been ordered to report by july 1st. while he appeals this conviction, this morning, today, he's asking the supreme court to step in and allow him to remain out of prison while he appeals. he's asking the supreme court for relief here. he doesn't get it before july 1st, steve bannon is going to have to report to federal prison. >> ken dilanian, katie phang and paul butler, thank you so very much. coming up, how the biden administration is renewing its push to protect reproductive rights. we'll talk to health and human services secretary javier becerra about the nationwide effort. and why donald trump will get the last word at next week's presidential debate. you're watching "jose diaz-balart reports" on msnbc. a diaz-balart reports" on msnbc. everywhere. 4 out of 5 gynecologists would recommend whole body deodorant, which gives you 72 hour odor protection from your pits to your- (sfx: deoderant being sprayed) secret whole body deodorant. 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>> the message is very simple. your rights are at stake and we got to fight for this because there is a lot of confusion and disinformation about what happened after roe v. wade was overturned. people think it may only deal with abortion. that's not the case. it is about having access to healthcare, your rights to have the freedom to make a decision, your autonomy with your body, and talk to the women who are trying to have babies, not trying to have an abortion, but babies through in vitro fertilization who are seeing that put at risk because of the loss of the protections under roe v. wade. >> and so the -- it is not lost that some of the states you're visiting are key states for president biden's re-election come november. why these states and what is your message for those specific targeted states? >> we are making the rounds, the tour is going to include good number of the states in the southwest. i'll then travel northwest and the southeast as well. i've been doing this for a couple of years now, and this time we're focusing on the fact that this is the two-year anniversary of the decision that took away rights to healthcare under roe v. wade. obviously as well, the supreme court is getting ready to issue some very important decisions. one in particular with regard to access to emergency care for all americans, and so it is appropriate for us to be going to states, especially states where women are finding their rights to access to healthcare they need are being restricted. >> secretary, i know that you're also focused very intently on the latino community. tell me what message is there and you are really one of the few people in government that right now that can speak english and spanish fluently as well as you do. what is your message to our community in both english and espaniol. >> it is good to be able to communicate in two languages. especially on something like reproductive healthcare rights. so many people being deprived of their rights and aren't really sure what their rights even are people who are trying to learn english, people who are lower income who for whom english may be more difficult to comprehend. we don't want anyone to misunderstand what their rights are, be confused, because health, maybe life is at stake, and so it is important to communicate to people throughout this country and we know the folks most impacted by the loss of rights under roe v. wade are people of color, people of lower income status, for whom it is tough to travel anywhere to find the care that they need. >> and secretary, you talk about the confusion and disinformation that is prevalent in our communities. why is that confusion and disinformation so prevalent? >> part of it is because different states handle abortion care differently. you hear a lot of talk by politicians of trying to restrict access to contraception. you hear that in some states, some members in politics want to even eliminate the access to in vitro fertilization. so, because of all those different efforts and because of the different stories and the different laws now made possible by overturning roe v. wade, so that now it is not uniform protection for women, it becomes very difficult for folks to understand and may be getting information from social media, from one part of the country where the rights and opportunities are different. and we want people to understand what their rights are because whether it is the issue of privacy, or a provider's privacy to make sure they're providing the care that a patient needs totally in privacy or simply making sure people have access to the care they need, including emergency care, we want folks to know the truth, we want folks to have the facts. >> javier becerra, thank you for being with us today. i say i'm very grateful for your time always. up next, we'll tell you about the reclusive billionaire who just gave a whopping $50 million donation to a pro trump super pac. and extreme weather gripping millions across the country, from dangerous heat, raging wildfires and flooding, we have got the very latest. you're watching "jose diaz-balart reports" on msnbc. e. you're watching "jose diaz-balart reports" on msnbc. - so this is pickleball? 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>> i think if you zoom out a little bit, jose, biden has been able to raise money from democratic donors for this campaign specifically for much longer than trump has because trump was in a primary so there are a lot of republicans who had not yet given to him, because they gave to other candidates. part of this is the natural coalescing of the republican party behind trump. on the other hand, if you are -- if you're sitting in biden's headquarters, you don't like the numbers. what they do show is that donald trump is going to have enough money to run this campaign in a very full way. you don't like that your numbers are so much smaller than his in that month of may and you're probably redoubling your efforts to raise money to make sure that doesn't happen. if you just look at trump and the rnc, they raised $106 million in may, biden and the dnc, $60 million. the difference there is 76% more for trump than the rnc. that's not sustainable for the democrats if that were to continue month after month. >> yeah, i mean, erin, we saw the graphic there, i want to bring that back up, because the trump campaign said it raised $53 million online in the first 24 hours after the verdict in new york. and 70 million in the first 48 hours. now, that timothy mellon donation was listed on the day of trump's guilty verdict. this conviction apparently has helped trump financially. what do you make of that? >> yeah, i mean, it really was stunning to wake up this morning to that, i saw the associated press headline that says trump dwarves biden in latest fund-raising numbers after felly convictions. that's a stunning sentence to read that does say a lot about where we are as a country and where we are in this campaign. our former president trump has absolutely been using his legal challenges and this felony conviction on the campaign trail. and has used it to effectively raise money from his supporters, who also see his legal challenges as part of their own, you know, battle, in this re-election. so, in his effort to be re-elected. so, you know, the biden campaign was already flush with cash, but if trump is now gaining on him, how is that going to change really the battle on the airwaves, how is that going to change the battle in terms of the ground game, particularly in an election that is already expected to be really close, if the money gets really close too, what does that mean in battleground states? >> yeah, and jonathan, meanwhile, the presidential debate less than a week away. what more are we learning about both campaigns' preparations? >> perhaps not surprisingly for folks who have watched these could candidates before, joe biden is doing traditional debate prep, going to camp david this weekend and perhaps up until the debate, huddling with advisers, familiar names and anita dunn, one of his top advisers, the co-chairman of his last campaign, we expect his going to be involved in full mock debates. where as trump really likes to do this by the seat of his pants. he refers not to do the sort of formal debate prep, but rather to talk about the issues and one thing that i've been told repeatedly is that he very much likes to not preview what he's going to say, even to his own aides, because he wants it to sound natural when it comes out the first time, he wants it to have more punch and be more convincing from him. doesn't want to feel like he's saying something he said before. we'll see how these two styles go. remember the first debate last time, trump was sort of all over the place, interrupting biden, it was very bad for him. by the second debate he had gotten more control of himself and folks thought that was a little more even of a debate. >> jonathan allen and erin haines, thank you so much. appreciate it. up next, moving wildfires, havoc in new mexico, we'll tell you about the new dangers facing the entire area. we're joined by jared moskowitz, what he's urging his colleagues in congress to do to get more resources to communities impacted by extreme weather. congressman, great seeing you. we'll chat in just a minute. gr. we'll chat in just a minute. it's been there. long enough to produce eggs, it seems. it would appear that it has begun moving towards us! visionworks. see the difference. 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>> reporter: thankfully today, jose, the weather here is cooperating. it has made favorable conditions for firefighters for first time since this fire started. we're not in the same heat wave as a lot of the rest of the country. it is cold, it is damp, it is drizzling. a fire behavioralist said these are perfect conditions to stop or slow the spread of the flames. the problem is the spread of the flames here is immense, we're talking about 23,000 acres, split up between not one, but two fires which have surrounded a small community behind me. in total, a larger landmass than the size of manhattan. these flames have been deadly and tumultuous and devastating for this community. 1400 structures have burned or been destroyed or marred in some way. 500 of those estimated are homes, two people have died in this fire, in both fires that combined to surround this town. 8,000 evacuations, mandatory evacuations remain in place. so, the conditions may be favorable, but firefighters have a lot of work to do. there is as far as we know today no containment on either of these fires. and so they're locked in a desperate battle. so much so that the entire congressional delegation of new mexico sent president biden a letter to try to get major disaster declaration, the president did declare that, so, we have federal officials on the ground, fema will lead the disaster effort to try to help people. but sort of the counter to the good news about the fact that there is moisture in the air is that there was .2 of an inch of rain the other day and there was a flash flood warning because these burn scars are so ripe for the possibility of flooding. it is raining again today. firefighters dealing with it on all fronts really. jose? >> steve patterson, thank you so very much. amid all the issues that steve was talking about, one lawmaker introduced a bill to try and ensure the federal emergency management agency fema has the funding to respond to disasters. fema's disaster relief fund is set to run out of money in august. joining us now is democratic congressman jared moskowitz of florida, he is the former emergency management director for florida and is behind this proposal. congressman, great seeing you, always. let me get this straight. we're just starting the hurricane season, the atlantic hurricane season, right, june 1st through november. it is already a mess out there. you got wildfires everywhere. steve patterson is talking about 23,000 acres burned just in new mexico, and fema is about to run out of money? >> yes, it is deja vu all over again. thank you for having me and talking about this. this is exactly what happened last year. last year we had the same problem, the disaster relief fund called the drf was running out of money as we were getting into the last hurricane season and we needed $12 billion to shore up that fund, and then we had the hawaii fires, the horrible fire in hawaii which then obviously, you know, bump that number up to over $14 billion to shore up fema's disaster relief fund. i went out to hawaii with kevin mccarthy to tour that damage to really press upon congress to make sure that we go ahead and pass a fema supplemental. we actually did that last september. now with all the chaos in congress that has happened since his removal and the dysfunction, i am dramatically concerned that fema is not only dealing with fire season, you're seeing in new mexico, we're going into what is being described as maybe the worst hurricane prediction we have seen in over a decade. 17 to 25 named storms potentially headed to the coast of the united states. and fema running out of money, what does that mean? that means that they will slow the process for federal funds, which will slow obviously any response or cleanup or, you know, communities recovering because cities and counties and states will make decisions when that money is coming -- when the money is going to come in. this will dramatically impact the nation's ability to respond at the local level if fema does not get their disaster relief fund money. >> congressman, what does your bill include? why the heck is this not just commonly put in as just a regular thing? >> look, fema has a regular budget. unfortunately, because disasters dealing with the changes in our weather and our weather patterns, we're seeing bigger disasters. we are seeing disasters in areas that didn't happen before. tornado alley is expanding. enhanced flooding. the cost of the disasters are dramatically increasing. as a result of which, there's a gap. that's why fema needs a supplemental. we passedsupplementals in the past. there was one after sandy and harvey. these are normally. usually it happens. we don't wait until we're in the middle of hurricane season. the speaker could take my bill up tomorrow, put it on the floor. we could vote on it and send it over to the senate and get disaster funding. this is a bipartisan issue. we have had sponsors -- republican sponsors in the senate in the past trying to make sure fema has the resources. look, we also have a vote on the budget coming in september about whether or not we're going to keep the government open. i'm worried that fema is going to get caught in the crosshairs. >> it doesn't make any sense for this bill not to be put on immediately. let's see what happens on that one. i want to take advantage of your time and i want to turn your attention to the supreme court. president biden just released a statement on the supreme court's gun decision today that he and vice president harris will continue to call on congress to further strengthen support, protections for survivors and take action to stop gun violence tearing our communities apart. what's your reaction to that? >> i think the supreme court got this decision right after the shooting at my high school. we passed the school safety act. we did a number of things in that bill. one of the things we did was red flag laws, risk protection orders. at that point, florida was the sixth state in the nation to do that. since that time, in six years it's been in place, law enforcement has used risk protection orders over 12,000 times here in the state of florida. law enforcement deedeemed someoa danger to themself or others and was able to confiscate their weapons. this works. this is a tool that helps keep guns out of the hands of people who are mentally ill or guns out of the hands of people that are a danger to the community. i'm happy to see the supreme court allow this tool, say it's constitutional. we believed it was. now that it is, it's time for the federal government to act. it's time for congress and the senate to pass a federal red flag law. this will be a tool that communities can use to help prevent things that happen in my neighborhood, like a shooting at a high school. it will help keep suicides down. it will protect our veterans. it will help people suffering from domestic abuse. i think the supreme court got it right. i think now it's time for congress to act. >> it's always a pleasure to see you. thank you so much for your time. >> thanks, jose. up next, new comments from benjamin netanyahu about the war of words between him and the white house. you are watching "jose diaz-balart reports." diaz-balart reports. you know what's brilliant? 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>> reporter: we have been hearing from netanyahu all week. he did say at one point in the interview that he was grateful to the biden administration. but there were some supply issues he said that were still outstanding, that hadn't been resolved. this was a long interview. this bookends a week in which netanyahu really has been dealing with problems almost entirely of his own making. this is in a way classic netanyahu, what you are seeing here, this comment about bringing up the threat of enemies and saying that he needs to act, he needs to get help from the united states in order to fight against mutual enemies, the same ones the united states has. these looming threats in the background. he speaks this way to the u.s. administration, to the american public. he speaks this way to the israeli public as well. without me, this country will fall. without me, extracting concessions to the u.s., then this country will be defenseless. this is something he has campaigned on throughout his entire career, that he alone is in a very, very special place when it comes to extracting concessions, weapons, money, political cover from the united states. so now, it looks as though that comment he made, that sparked it all, that video where he chided the u.s., this was for not just american consumption, but for domestic consumption as well. jose? >> matt bradley in tel aviv, thank you so very much. that wraps up the hour for me. i'm jose diaz-balart. catch me right back here at 2:00 p.m. eastern. i will fill in for chris jansing. see you tomorrow night on "nbc nightly news." thank you for the privilege of your time. andrea mitchell picks up with more news right now. right now on "andrea mitchell reports," a big ruling from the supreme court. an overwhelming 8-1 majority led by chief justice roberts upholding a ban on people under domestic violence restraining orders from having firearms. a big win for the biden administration. the sole

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