cleared but at what cost president biden will not face charges in his classified documents case, but the special counsel casting a harsh light on his mental fitness we're live with the president's fiery response to the report meanwhile, his republican rival picking up another win overnight in nevada.

former president trump now one step closer to reclaiming the nomination and the supreme court weighs whether he can even appear opt ballot breaking overnight, vladimir putin sits down with former fox news host tucker carlson his first western-based interview since russia invaded ukraine nearly two years ago how putin sighs ees the war endg and the oscar goes to? and it might have been their first rodeo, but a pair of texan rookies roped big awards at the honors who took home the mvp trophy we're live in vegas with all of the hype ahead of the super bowl on sunday. it's friday, february 9th. "early today" starts right now grad you're with me to end the week i'm frances rivera president biden has been forced to defend his memory a special counsel report has cleared the president of charges

ree re related to the handling of classify documents the president fired back at reporters last night >> how bad is your memory, and can you continue as president? >> my memory is so bad i let you speak. that's the, that's -- >> do you think your memory has gotten worse >> my memory has not gotten -- my memory's fine >> brie jackson joins us now from d.c what did this report say >> reporter: good morning, frances. as you mentioned, special counsel robert hur does not recommend criminal charges, but his report does accuse the president of willfully retaining and disclosing classified materials after he was vice president. but the special counsel says it would be hard to convince a jury to convict mr. biden, because they would likely see him as a well-mean, elderly man with a poor memory. the report says mr. biden did not remember when his term as vice president began or ended. and that he did not remember

within several years when his son beau died. president biden slammed the special counsel for including that comment about his son >> there's even reference that i don't remember when my son died. how in the hell dare he raise that frankly, when i was asked the question, i thought to myself, wasn't any of their damn business i don't need anyone. i don't need anyone to remind me when he passed away. >> reporter: and former president trump is calling the lack of charges this this report unfair, saying it shows a two-tiered justice system. mr. trump pleaded not guilty 40 criminal counts after classified documents were found oat his mar-a-lago state the new report argues the two cases are different, because mr. trump allegedly obstructed justice by not returning the materials. the new report says mr. biden alerted authorities when the documents were found and cooperated with the

investigation. last night mr. biden said it is wrong for the property to find he willfully retained any classified documents frances? >> brie, thank you overnight, donald trump did win another contest in the race for the white house. nbc news projects that trump easily won the nevada caucuses, claiming all 26 of the state's dells. the only major challenger left in the primary raise, nikki haley, did not register for the caucus the two will face off again in the south carolina primary on february 24. the supreme court heard arguments in a case that could impact the trump campaign. the justices appear skeptical when it comes to when trump can be removed from colorado's primary ballot >> reporter: tasked with resolving a monumental political dispute. u.s. supreme court justices appear skeptical of a colorado supreme court decision barring former president trump from the republican primary ballot on grounds he engaged in

insurrection, in trying to overturn the 2020 election, culminating in the january 6th capitol attack >> for the first time in history, the attack was incited by a sitting president of the united states to disrupt the peaceful transfer of presidential power >> reporter: the trump legal team argues he did not participate in the storming of the capitol and that it did not qualify as an attempt to overthrow the government >> this was a riot it was not an insurrection the events were shameful, criminal, violent, all those things but did not qualify as insurrection >> reporter: the justices questioned whether congress should enact a national standard before states can invoke a provision of the state's 14th amendme amendment that was adopted after the civil war, and whether that provision even includes the president and vice president the justices voiced concerns

about allowing individual states to decide who is an insurrectionist. >> a goodly number of state also say whoever the democratic candidate is, you're off the ballot and others, for the republican candidate, you're off the ballot >> i think that the question that you have to confront is why a single state should decide who gets to be president of the united states. >> reporter: former president trump weighing in after listening to the arguments >> it's unfortunate that we have to go through a thing like that. i consider it to be more election interference. >> reporter: a consequential case, with the presidential election season already under way. in washington, alice barr, nbc news we have a tragic update on that military helicopter crash in southern california all five marines on board are now confirmed dead, and the rescue effort has switched to a recovery mission so far only one of the victims has been identified. the mother of 23-year-old sergeant alec langen told nbc news simply, we will miss him dearly the aircraft was flying from an

air force base in nevada to miramar, california when it crashed in a mountain out area of southern california ukrainian president zelenskyy has dismissed his top general. valerii zaluzhnyi acknowledged his dismissal in a social media post the move follows months of reported tensions between the two men. for the latest, let's go live to clau claudio lavanga. do we know why zaluzhnyi was replaced >> reporter: it's unclear whether he was fired or resigned or was forced to resign. if you listen to what the general said and what president zelenskyy said after the announcement, it seems that they parted ways in a consensual, amicable way, but that comes after months of reported tensions between the two, following last year's

unsuccessful counter offensive meanwhile, president putin gave an interview to the former fox news anchor, tucker carlson. in this video by the tucker carlson network, you can see carlson asking president putin about whether he wants to expand russia's borders as feared by many in the west let's take a listen to what he answered >> can you imagine a scenario where you sent russia troops to poland [speaking in a global language >> translator: only in one case. if poland attacks russia why? because we have no interest in poland, latvia or anywhere else. why would we do that we simply don't have any interest it's just threat mongering >> reporter: carlson during the interview asked putin whether he was willing to release evan gershkovich to him so he could bring him back to the states gershkovich of course is "the

wall street journal" reporter who has been in russia for over a year he did not hand over gershkovich to carlson but said an agreement is possible through the appropriate channel. also going back to ukraine, putin said he was willing to negotiate even though he accused ukraine of being a satellite state of the u.s., something carlson appeared to agree with, which is no surprise because he's been a vocal critic of ukraine. new york police releasing new body cam footage of the attack on two officers in times square the dramatic footage shows officers trying to detain a man in a yellow jacket when he resists, they take him down to the ground and other men start kicking and punching the officers some of them were migrants and were indicted. the d.a. received criticism for not requesting bail for nearly all of them. a chase in oklahoma ended in flames authorities were chasing a home

invasion suspect and had to go after him on foot after he left his car. the fire department says the heat from the parked police cars started the fire nobody was hurt and the fire did not affect the trains nearby the suspect was taken into custody. for the third time since two months, a volcano in iceland erupted spewing lava and ash into the skies the popular tourist attraction, the blue lagoon had to be evacuated. the eruptions also caused a cut-off to pipelines supplying nearby towns the east here at home is getting a taste of spring this weekend. nbc meteorologist michelle grossman is watching how warm it might get, good morning, michelle >> good morning, frances, happy friday we're looking at temperatures soaring 10, even 30 degrees above normal we're going to be into the 60s, mean the 70s in little rock. into the 60s in cleveland, d.c.

61 degrees another warm day tomorrow. this is going to be the peak of the temperatures before we kind of return to reality on sunday but 62 in philadelphia on saturday that's 20 degrees above normal 60s in louisville. and 74 in raleigh. we'll return to more normal temperatures on sunday so a a tai tailor-mad weekend td the rain will continue on sunday we're looking at midnight rain in portions of the south with some spots of flooding and also some swift winds throughout the south. and by the way, we're looking at really nice forecast for thel tf

the ohio valley. warm in the south. temperatures into the 70s in spots. 80 in brownsville, 73 in dallas. all right, that's your friday forecast >> yeah, i love the tailor-made forecast on the side. that little thing, with the super bowl, too. >> i'm game. with all the spectacle sin city has to offer, the nfl kicked off super bowl weekend on thursday honoring last season's coaches and players. a pair of texans took home rookie of the year, with c. j. stroud wing on offense and will anderson for defense it was a good night to be a cleveland brown. 39-year-old joe flacco was named come back player of the year after he led the browns to the playoffs cameron heyward gave an emotional tribute to his late father while accepting the walter peyton man of the year award. and ravens quarterback lamar

jackson became the 11th player to win the league's top honor multiple times the nfl unveiled the 2024 pro football hall of fame class, headlined by julius peppers, devin hester and wide receiver andre johnson. the first member of the texans to make hess way to canton and later on "early today," we'll be live from vegas with our own jay gray, previewing this weekend's matchup for now, we've got this coming up. the oscars adds its first new category in two decades. but first, what's 30 seconds worth? we have the numbers in 60 seconds. we have the numbers in seconds. ♪♪ this is not just a refill. ♪♪ ♪♪ this is not just a delivery. ♪♪

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details, happy friday, good morning. >> happy friday, frances look, it's astronomical the numbers we're looking at $86 per person plus-minus is what's anticipated to be spent that means revenue just on food, apparel, drinks, et cetera at the stadium will be worth $17.3 billion u.s. on average is how much they're anticipating to get out of the super bowl. just sales of the super bowl itself that would surpass 2020's revenue. the year of covid, remember that that was $17.2 billion u.s that is quite significant in all of this then as you made note of then the companies are actually paying $7 million, $7 million for 30 seconds worth of ad time during the super bowl itself and i guess, when you one, consider the astronomical cost let's not forget getting a box

seat is difficult. and some of the parente pa may t be able to get a box seat. >> even donna kelce saying i may be in the stands with everybody else unless of course taylor steps in to help out. arabile, thanks for the break down still to come. denzel and spike coming together again, team up for movie number five and honoring the behind the scenes masterminds who bring movie character to life. the new category coming to the oscars, after this ry coming to oscars, after this. to give your teeth a dentist clean feeling. start with a round brush head. add power. and you've got oral-b. round cleans better by surrounding each tooth to remove 100% more plaque. for a superior clean.

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there's something going around the gordon home. good thing gertrude found delsym. now what's going around is 12-hour cough relief. and the giggles. the family that takes delsym together, feels better together. i can't believe one bottle of tide did almost 61 large loads. that's a lot more clothes for 1 bottle. tide's a more concentrated clean so, a little goes a long way. maybe we don't wait so long to do laundry next time? ok, well most of this is yours. mmmm... we are back with what you need to know "early today. costco, trader joe's and other retailers are recalling dozens of products due to risk of listeria an alabama radio station was forced to go silent after thieves stole its 200-foot radio tower and other equipment from the building the station sent a landscaping

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i'm so glad you're here. me too. this is helping keep everyone safe. walgreens. after 284 games and hundreds of touchdowns, and you know we're also counting the cut aways to taylor swift during game time, yeah, it is here. it all comes down to this. the kansas city chiefs and san francisco 49ers set to face off in a super bowl rematch, and a super bowl like so many of us have never even seen, gathering

all kinds of fans who never watched football before, just because of a certain pop star. it could also cement a new dynasty or resurrect an old one. our own jay gray brings us inside the nfl experience in las vegas. >> reporter: friday means it's officially super bowl weekend in vegas. fans gearing up, super bowl merch a must-have as the party kicks into full gear >> really excited. can't explain it with words. >> reporter: about traveling to vegas for all of the fun and hype many with no plans to head to allegiant stadium on game day. >> we decided to pay our mortgage for 12 months instead of two tickets for 30 grand. >> reporter: the guy whose don't need tickets continuing to grind toward sunday's big game >> studying. >> i'm doing whatever it takes to went super bowl for sure. >> reporter: of course there

would be no super bowl without a game ball. and every year wilson brings a little part of its factory in ada, ohio to the big game to show fans the process of making annful football. >> these folks live in the factory. fans have been with us 30 years, lacing footballs >> reporter: every year, it's hand made, and thankfully, not by my hands. i mean, i was so bad i got sympathy cheers of support during my struggles. still, somehow, with a lot of help from my friends >> wow >> you did a good job. >> reporter: we actually made a super bowl football. and look here is the proof. we actually made this, well, they made it if i had to do it myself, it would have taken about a week, and it wouldn't have looked

anything like a football one other note, they can't make these until after the conference championship, because the teams' names are on them. so they go straight to work after that game, work around the clock, sending 108 footballs to each team in about 48 hours. frances in >> that is so cool, jay. and i hope that you do not check that in, in case you lose your luggage. that is carry on, precious cargo. so cool. as always, great to see you. thank you. and thank you for being with us and thank you for being with us ♪ ♪ ♪

stay right there, more news on the way. can former president trump stay on the tw2024 ballot? no criminal charges for president biden after a special counsel investigation found the president willfully retainedcl