10:00 a.m. eastern, 7:00 pacific. i'm jose diaz-balart on a busy morning. charges could come any time against the man suspected of attacking house speaker nancy pelosi's husband paul. we have new details on palm pelosi's condition. plus, we are eight days out from the midterms. both sides are bringing in high-level help. live at the supreme court where arguments in what could be landmark cases get under way with the fate of affirmative action on the line. and breaking overnight, conditions in kyiv dteriorate. 80% of consumers in kyiv have no water. we'll get a live report from the ground meanwhile, back here in florida, residents still in recovery mode one month after hurricane ian devastated communities. we will speak with female -- fema administrator about that. and we begin this morning with the attack on husband of house speaker nancy pelosi. this morning paul pelosi remains in the hospital and in intensive care surrounded by family, according to a source with knowledge of the situation. as the man accused of breaking into the pelosi home and violenting violently attacking mr. pelosi with a hammer, is being charged today. a violent man broke into our family home demanded to confront me and brutally attack my husband paul, my children, our grandchildren and i are heartbroken and traumatized by the life-threatening attack on our pop. this morning, we've learned that on friday, the day of the attack, federal domestic security agencies released a joint bulletin that is a warning of elevated threat against election workers and politicians ahead of the midterms. joining us is mara barrett and former assistant director for counterintelligence at the fbi and msnbc news national analyst. what charges does the suspect face today? >> reporter: good morning, jose. police presence still outside of the pelosi home as nancy pelosi returned home to be with her husband. and we are learning new details about the investigation. they have interviewed the suspects. though he also remains in the hospital. we've learned the attacker entered the home through a rear window, breaking through that window, and then going upstairs where he found mr. pelosi. he was able to dial 911. thank. ly thankfully they dispatched the call. police confirming they did find zip ties at the scene after they detained the attacker, and the two men did not know each other prior to the attack. they said when they got onto the scene the suspect did say we are waiting for nancy, confirming that the attacker was looking for the house speaker. now, in terms of next steps and charges, i spoke with the district attorney over the weekend. and she pointed out that the violent nature of the attack, leaving mr. pelosi with a fractured skull and several injuries to his arm and hands is why they have come to the conclusion for attempted homicide. here's some of my conversation with her. >> so right now it's specifically the striking of mr. pelosi's head with the hammer in a very violent manner that has led us to believe that we will file attempted murder charges. when you take a hammer to somebody's head in that violent of a fashion, we believe you're trying to kill them. >> reporter: in addition to attempted homicide charges, we expect also assault with a deadly weapon, elder abuse. investigators are heavily reviewing the suspect's online activity and far right extreist views. the suspect remains in the hospital. the d.a. plans to announce the charges and the arraignment to be set for tomorrow. jose. >> and so, frank, based on your experience, what are investigators doing right now? what are they looking at? >> so they are really trying to discern motive here. it is quite obvious they have an assault charge, even this attempted homicide charge. particularly on a federal side as we see fbi agents coming and going from the residence, they are trying to figure out whether there is a federal statute violation. that requires attacking or wanting to attack the speaker of the house or her family member because of her position or actions in an attempt to intimidate or coerce. that will come from interviews with those around him so they can meet that statutory element. he wasn't only just targeting the speaker of the house, waiting for her but doing so because a desire to intimidate, coerce because of her position or attack the family member for the same issue. they're getting down to the weeds on motivation. look, that could be really hard assuming this person had some mental health issues. looking across his social media i see cornucopia of conspiracies that could have motivated him. they are sorting through his procedure trying to figure out why. >> and there's some possible premeditation when they find the zip ties. we don't know if the harmer was his or if he got it out of the house. i'm surprised he was able to break the window, open the door without some alarm going off. we have this bulletin, an elevated threat of election workers and politicians and threats against lawmakers are up. they're skyrocketing, according to capitol police. what concerns you the most about these kinds of warnings? >> yeah. you're not the only one, jose taken aback by the way this intruder was able to break in. let's remember the speaker of the house is second in line after the vice president in the line of succession to the presidency. and you would think that even when she's not president her residence would have a police presence, would have sophisticated alarms that would have triggered and immediately sent the police. so i think this is a wakeup call for the capitol police department, law enforcement generally. when you combine it with joint intelligence that says, look, we're in a heightened threat environment right now with the midterms, with increased exposure of candidates and lawmakers and polling places and voters, kwrao you -- you've got to kick it into high gear. something has to be done to increase security around them. >> i thank you both very much for being with us this morning. well, the midterm elections are one week from tomorrow, as a matter of fact. and candidates are making their final pitches. in battle ground georgia, the final debate took place between brian kemp and stacey abrams. they faced off on key issues like public safety, abortion, handling of the coronavirus pandemic and more. joining us now is blayne alexander live from atlanta. blayne, great seeing you this morning. with eight days to the election day, are both sides confident in that race? >> reporter: well, jose, great to see you too. they are certainly portraying confidence. what we are seeing is they are taking every opportunity they can to get in front of voters. both candidates have packed schedules in the day ahead taking respective bus tours to different corners of the state of georgia, bringing in sur gates, as we have seen, and really trying to make this closing argument. last night the debate was the kickoff. i think what's interesting about this race, neither of these candidates are new to voters. we saw this matchup in 2018. they are reintroducing themselves in a very different way. this time around, brian kemp is the incumbent. he is doing that at every single turn. stacey abrams is someone whose prominence has risen tremendously. last night at the debate, she not only talked about her plan going forward but talked about some of the things she did, in her words, when she lost in 2018. last night's debate was very substantive. a lot of policy. we heard about abortion, gun control, crime. let me show you one quick exchange, though, about guns here in georgia. something that has been at the heart of this race so far. take a look. >> we have the ninth highest gun rate in the nation. fame violence with guns has gone up 18% under this governor. his response was to weaken gun laws and eliminate a background check. >> she could enact legislation to confiscate your gun. she was going to come and take your guns. that's what people should be scared of. >> reporter: so, as we go into this final push, it is important to point out two things of where georgia is right now. this is the third week of early voting. we have seen record-breaking turnout every day. two weeks ago, more than 1.2 million ballots have been cast and more to come. the other thing is polling, where they stand in this race right now. the governor leading abrams by different margins, some within the margin of error. and she nodded to that in her closing arguments. she said the polls may not see you, but i see you. and the only poll that matters is at the ballot box. so giving a nod to that as well. jose. >> blayne alexander, thank you so much. by the way, next hour, we have the kornacki countdown, today, 11:00 a.m. eastern, 8:00 a.m. pacific and streaming on peacock. >> plus, be sure to check out steve's new podcast "the revolution," with steve kornacki wherever you get your podcasts. today at the supreme court, justices are hearing arguments over affirmative action. what students at one of the schools of the center has to say. we'll play that for you next. litter, it's been one of the most divisive elections in brazil's history. what happens now now that bolsonaro has been voted out of office and silva has been voted. in. in. the only thing between you and a life-changing accident. but are these lines enough? 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>> reporter: right now, in fact, if we look at the data, 40% of all the universities in this country consider race in some form or fashion when it comes to their admissions processes. that is according to one 2019 report. unc is one of the two that yamiche mentioned. we spoke to students on both sides to hear what they think. >> i think affirmative action is a terrible thing, runs against the ideals of equality. what affirmative action says is people who are advantaged or disadvantaged based on the color of their skin. that is antiquated thinking. we shouldn't advantage or disadvantage people based on the color of their skin. >> the university says it wants to at least consider race because it argues a diverse student population benefits everyone. what do you say to that? >> that is problematic thinking in itself. they are saying if they don't take race into account that you won't have black and brown people on campus. you have to have faith in black and brown people that they will still be on campus because they have the ability to produce the same outcomes as white and asian individuals. >> by a show of hands, how many believe race should be a consideration when it comes to college admissions? all of you. why do you think race is important? >> race is not something we can take off. it wasn't built for us. people are actively trying to stop us. >> our merits in achieving where we are now is a little confusing to me. white student's merit is never considered despite their 300-year head start they have. race-conscious admissions is not only fundamental but essential to every aspect of our college life. >> i cannot take off the color of my skin. i cannot ignore that part of myself. so why does universities like work places, why do they have to ignore what makes maine? >> justice clarence thomas, one of the supreme court justices who will be hearing this case, has criticized yale, where he got his own degree from, for the same practices. and justice thomas said it hurts the value of my degree for people to know that i could have been perceived as receiving a leg up to be here. does it worry you at all that a university considers race people will think i only got here because of help? >> i know i worked every extra hard. i didn't need an a.c.t. tutor. i am a first generation latino bisexual college student. i got here because of my drive and my motivation. my mom didn't even get to go to first grade because she had to work in the fields in el salvador. i am here because i did it myself. i don't care what anyone says. i don't want anyone to belittle my admission here. >> i'm really struck about having to remind yourself or to tell other people that you belong here because i felt that going into college in 2005. i had parents say things to me like, you know she just got into harvard because she's black. and i felt like education was the only way to prove to people. is that still how you feel? >> yeah. >> definitely. >> who says these parents, students, parents? >> a combination of both. one of my first weeks i was at carolina getting my textbooks and a family going on a tour in the bookstore at the same time. they asked me which sport i played. >> wow. >> so this underlying assumption you can't be black on campus unless you're an athlete or provide some labor to the university is problematic and consistent. >> or people making comments ever since i got in, ever since i got my acceptance letter, saying it was only on race. the only thing you look at is my race. but now we are saying race shouldn't be looked at in admissions when it's everything and the only thing many people look at what they see me. >> reporter: just to give you a sense of the data, the numbers there, black and latino students make 19% of the student body and 33% of students overall in this country, jose. >> what an extraordinary interview, morgan. yamiche in the room, thank you both for being with us this morning. up next, live in kyiv as smoke rises over the capital city. why most is without water this morning. seoul, south korea in mourning after a halloween tragedy. 150 dead. you're watching "jose diaz-balart reports" on msnbc. g diaz-balart reports" on msnbc. this... is the planning effect. this is how it feels to know you have a wealth plan that covers everything that's important to you. this is what it's like to have a dedicated fidelity advisor looking at your full financial picture. making sure you have the right balance of risk and reward. and helping you plan for future generations. this is "the planning effect" from fidelity. i'm getting vaccinated with prevnar 20®. a pfizer vaccine! so am i. because i'm at risk for pneumococcal pneumonia. i'm asking about prevnar 20® because there's a chance pneumococcal pneumonia could put me in the hospital. if you're 19 or older, with certain chronic conditions like copd, asthma, diabetes, or heart disease or are 65 or older, you may be at increased risk for pneumococcal pneumonia. prevnar 20® is approved in adults to help prevent infections from 20 strains of the bacteria that cause pneumococcal pneumonia. in just one dose. don't get prevnar 20® if you've had a severe allergic reaction to the vaccine or its ingredients. adults with weakened immune systems may have a lower response to the vaccine. the most common side effects were pain and swelling at the injection site, muscle pain, fatigue, headache, and joint pain. i want to be able to keep my plans. that's why i chose to get vaccinated with prevnar 20®. because just one dose can help protect me from pneumococcal pneumonia. ask your doctor or pharmacist about getting vaccinated with prevnar 20® today. fanduel and draftkings, two out of state corporations ask your doctor or pharmacist making big promises. what's the real math behind prop 27, their ballot measure for online sports betting? 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>> reporter: well, jose, south korea is still steeped in sadness as it struggles together to piece together how 154 young lives were lost over the weekend. many were in their teens and 20s, enjoying a halloween night out on the town. twice as many women as men were killed in the stampede. thousands were packed so close together in this very narrow alley they were crushed, toppling over each other down a slope. a shaken nation in south korea is asking why more police weren't there to control the crowds. the police chief telling in a news conference this afternoon that police may have made the wrong call by not focusing more on safety of the crowd flow. halloween has grown a lot more popular in south korea in recent years. but not in the traditional u.s. sense. the social norms are stricter in south korea. but it is a night where young adults can let their hair down, be more carefree. people are saying the police of shoo known that more people would be out this year after two years of very, very strict covid-related restrictions. 26 foreigners died in the tragedy over the weekend, including two, oss mentioned, were american. they were both in seoul on a study abroad program. 30 are still in serious condition. the pavement has turned into a makeshift altar. people are coming to leave flowers and leave drinks for those who passed, which is the tradition in south korea. this is a tragedy for south korea. and of course, after just six months in office possibly a defining moment for the south korea president. thank you so much for that report. up next, tens of thousands of people are still trying to put their lives back together one month after hurricane ian tore through southwest florida. what floridians still need to get back on their feet. deanne kriswell joins us next. . and longer when you need it most. its non-habit forming and powered by the makers of nyquil. it's the subway series menu! 12 irresistible subs... like #11 subway club. piled with turkey, ham and roast beef. this sub isn't slowing down any time soon. i'll give it a run for its money. my money's on the sub. it's subway's biggest refresh yet. age comes with wisdom. and wisdom comes with benefits. dryer's broken okay... you want a socket.... that's especially true when it comes to medicare. so make the wise call and learn more about cigna medicare plans in your area. their tools and resources make it simple and easy. bears can smell wifi. visit cignawisecall.com today. you want to flip it. we're looking into sexual harassment in hollywood. you used to work for harvey weinstein? 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>> good morning, jose. thanks so much for having me on today. we are just about 30 days post hurricane ian maing landfall. we have federal partners on the ground supporting the recovery efforts. our first days was focused on life-saving efforts and stabilizing. there's been tremendous work that has been done already to stabilize the electricity grid. now we are looking at what is that recovery going to look like to support the people, families impacted and who lost their homes. really the devastation is quite remarkable as to how much people have lost as a result of hurricane ian. >> yeah. when you look at -- and i've been looking through some of the documents that you all have. when you look at some of the numbers that you all have been, you know, sending to florida and i'm just more than 1.65 billion in total aid, providing housing to eligible in charlotte, collier, lee, sarasota counties. how about folks, for example, we were there just a month ago, folks are saying i've lost everything. i don't have a computer. i don't have internet access. how can i get had especially that fema is offering us? >> yeah. it's a really good question. and one that, you know, we work to try to get information out there. so i appreciate the opportunity here today to continue to get that message out. we know that there's a lot of different ways for people to get assistance from fema but also from our federal partners. one of the things they can do is call and register. they can go online. we also have disaster recovery centers set up across the state. i believe as of this morning we have 21 different disaster recovery centers in the most impacted neighborhoods. and we also send teams, disaster survivor assistance teams, who go out to either questions, help people to register if they haven't already registered. we are using technology to help target some of those teams. we look at the impact that ian had, where it had the most devastation. then we look at the registration numbers. most importantly, we look at the lack of registration numbers. with he think there should be some. we send the teams that go door by door, knock on the doors to help people register for assistance. there are a number of different ways individuals can reach out to nonprofit agencies as well as the state and fema to get assistance. >> and there were a lot of -- there are a lot of people in arca arcadia, ft. myers beach that aren't american citizens but contribute hartley for their hard work. can they have access to some of these resources in. >> you know, auto its a question, jose, we get all the time. while there are certain programs that require you to be a u.s. resident, there are other parts of our programs that don't, right. so if somebody needs shelter, immediate sheltering needs, food and water, basic survival means that people have access to. there are also some nuances. we understand every individual has a unique circumstance. what we encourage everybody to do is reach out. come to one of the disaster recovery centers, talk to somebody walking by. we want to understand what their specific situation is and see what types of programs they may or may not be eligible for. then we can also connect them with some of the nonprofit, nongovernmental programs to meet some of the needs fema can't support. >> and there is no sharing of information, for example, folks that will walk up to a fema administrator may fear their information may be, i don't know, transmitted to other organizations. >> yeah. i hear that quite a bit. and i want people to know they should feel safe. they should feel safe coming to one of our disaster recovery centers. if it's me or any of my staff that are out there in the field, we will not share that information. >> deanne criswell, thank you for everything fema is doing. i appreciate your time. >> thank you very much. in new york city, opening statements are happening right now in a tax fraud trial against the trump organization. former chief financial officer for the company, alan weisselberg, is expected to be the star witness and take the stand as soon as next week. nbc's tom winter is reporting live from the courthouse this morning. tom, good morning. what do we expect today? >> reporter: good morning, jose. opening statements under way. the prosecution going first because it is their case to prove. it all centers around 15 years of a scheme where benefits were conveyed to the company cfo, alan weisselberg, the money man essentially at the trump organization, and that he received cars, apartments, garages for the cars, other benefits conveyed to him. that's not the illegal part, jose. the illegal part is, according to prosecutors, when he didn't pay taxes, state taxes on those benefits. you can be given those things but it is counted as income. they are saying weisselberg didn't do that, the trump administration didn't do that. he pled guilty earlier this year. both were charged back in july 2021. what is going to happen over the course of the next month or so, prosecutors are going to try to present evidence that they think solidifies their indictment and their case. they are going to focus on the actual financial transactions. they were able to get them in manhattan district attorney's office through two supreme court fights, able to get the key underlying documents that can help with these charges. weisselberg expected to take the strand as soon as next week, jose. the trump organization says they have done nothing wrong. >> tom winter in new york city, thank you so much. up next, a closer look at some of the key races. specifically in south texas. julian castro will join us next. . there's a different way to treat hiv. it's every-other-month, injectable cabenuva. for adults who are undetectable, cabenuva is the only complete, long-acting hiv treatment you can get every other month. cabenuva helps keep me undetectable. it's two injections, given by my healthcare provider, every other month. it's one less thing to think about while traveling. hiv pills aren't on my mind. a quick change in my plans is no big deal. don't receive cabenuva if you're allergic to its ingredients or taking certain medicines, which may interact with cabenuva. serious side effects include allergic reactions post-injection reactions, liver problems, and depression. if you have a rash and other allergic reaction symptoms, stop cabenuva and get medical help right away. tell your doctor if you have liver problems or mental health concerns, and if you are pregnant, breastfeeding, or considering pregnancy. some of the most common side effects include injection-site reactions, fever, and tiredness. if you switch to cabenuva, attend all treatment appointments. every other month, and i'm good to go. ask your doctor about every-other-month cabenuva. two new ihop lunch and dinner menu items for twice the goodness, twice the flavor, and twice the choice. sirloin salisbury steak and all-natural salmon. perfect for lunch or dinner. only at ihop. download the app and earn free food with every purchase. download the app and earn free when our daughter and her kids moved in with us... our bargain detergent couldn't keep up. turns out it's mostly water. so, we switched back to tide. one wash, stains are gone. 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>> well, two things, jose. it's good to be with you. first, that these are now more competitive races than they used to be. a fact that shocked a lot of people after 2020 was that republicans actually gained some grouped in certain south texas counties, including in counties that are in three congressional districts, the one that you put up a graphic on, the texas 15th, texas 28, and then texas 34 which is where gonzalez and flores were both incumbents, the democrat and republican are running against each other. secondly, this points out how competitive the latino vote has become not just in texas but everywhere and how important it's going to be everywhere including in unexpected places now like new york which has a huge latino population and some of those races are getting tight. georgia, nevada, arizona, this is going to be a vote that is crucial for both parties. >> what has been -- what do you think are the main reasons behind that slow, some would say somewhat significant change? and i'm thinking specifically in 2018 and 2013? >> you see the urban and rule split there like you see throughout the country. republicans were better at turning out inconsistent voters in the 2020 election, registering them and then turning them out in those south texas counties. that's what a postmortem by the texas democratic party found. and then also i think that between 2020 and 2022 in south texas, republicans gained some confidence that they might be able to go in there and win races. so they did a better job of recruiting, have put more money into these races in the 15th congressional district race, particularly, right now the democrat who is an excellent candidate and is a progressive is being outspent by de la cruz, the trump-friendly republican. republicans are competing a lot more than they used to. it's a reminder to democrats that latinos in south texas can't be taken for granted. there's no question that the policies democrats would pursue would be much better for the lives of the residents of south texas, but you have to do the groundwork and make that clear and spend the resources down there to turn people out. this is going to be a test of both how much inroads republicans have made -- really, we only have one data point, that 2020 election, and that's not much in politics, and how much are democrats willing to go the map to make sure they hold on to this growing demographic in nevada, arizona, in other crucial swing states. >> julian castro, always a pleasure to see you. thank you for being with us this morning. >> good to be with you. >> thanks. up next, we're going to go live to brazil where ball bolsonaro barely lost his bid for re-election. you're watching "jose diaz-balart reports." re-electio. you're watching "jose diaz-balart reports. eggland's best. the only eggs with more fresh and delicious taste. plus, superior nutrition. because the way we care is anything but ordinary. ♪♪ your shipping manager left to “find themself.” leaving you lost. you need to hire. i need indeed. indeed you do. indeed instant match instantly delivers quality candidates matching your job description. visit indeed.com/hire becoming a morning person starts the night before with new neuriva relax and sleep. it has l-theanine to help me relax from daily stress. plus, shoden ashwagandha for quality sleep. so i can wake up refreshed. neuriva: think bigger. i love san francisco, but i'm working overtime to stay here. now is not the time to raise taxes. i'm voting no on propositions m and o, because the cost of everything is going up. san francisco collects more tax revenue than nearly any city in america. but our streets are dirty and public safety is not getting better. i'm working hard to live within my budget. the city should too. join me in voting no on m and o. now is not the time to raise taxes in san francisco. vote no on m and o. 55 past the hour. we're following breaking news of a tragedy in india. at least 140 people died when a suspension bridge collapsed in western india. i want to warn you that the following video shows the collapse and it is upsetting. rescue and recovery efforts are ongoing. the bridge was originally built more than a hundred years ago. it collapsed with 350 people on or around it. officials say a large number of those who died were children, women and older people. the bridge had just opened four days before after being renovated. meanwhile, voters in brazil, the world's fourth largest democracy, elected a new president just yesterday. luiz lula da silva will be sworn in on january 1st after narrowly defeating jair bolsonaro by less than two percentage points. with us now is carrie kahn, international correspondent for south america who is based in rio. it's great seeing you. this is the first time that an incumbent has lost in brazil's 34 years of democracy. what's the mood on the ground there today? >> it was a very close race. separated by 2 million votes. that's out of 110,000 that were cast yesterday. it's a very divided country. it depends where you were when the official results came in. i'm here in sao paulo and neighborhoods reruptured in celebration. thousands and thousands took to the grand boulevard avenue in downtown sao paulo to celebrate with lula da silva. he's 77 years old and he spoke to the throngs of the crowd and just was screaming at the top of his lungs. this is a man who has survived throat cancer and had been campaigning constantly and she was screaming to the crowd that fascism and authoritarianism have lost and democracy will come back to brazil now. >> bolsonaro, one term, da silvia, two terms, including time spent in prison on corruption charges. this is a big change in brazil. >> well, this is a stemming political comeback for lula da silva, as you mentioned. this is his third time as president. just a few years ago, he was in a prison cell and his political career was in shambles. he's come back and is standing away. but this is a very divided nation. we'll have to see how he can governor. bolsonaro is now the largest opposition force in the country with a big strong base of support behind him and he's not going to go quietly. >> and just real quickly, because i know it's so important for both candidates, how did the vote go? >> it is as that state goes, so does the nation and it barely squeaked by for lula da silva. again, there was just conflicting election results throughout the country. you have rio de janeiro that went greatly for bolsonaro and you have a place here like sao paulo, the largest state in the country, that barely squeaked out for lula da silva. it's going to be tough for him to bring the forces together and figure out how he's going to bring this nation together and governor the congress as a large group of congressmen that are backed by bolsonaro. >> carrie kahn, it's always a pleasure to see you. i thank you for being with us this morning. that wraps up this hour for me. i'm jose diaz-balart. you can always reach me on twitter and instagram at jdbalart. follow the show online. thank you for the privilege of your time. up next, steve kornacki hosts live from d.c. eight days by the way. a midterm election in a divided nation. inflation and an uncertain economy, a battle over the border. roe v. wade, concern about rising crime and the looming presence of a