let's see if a-a-a-ah can take us somewhere fun. let's go somewhere. sandy let's go somewhere magical. but first, let's get this fixed. triple hi, everyone, i'm ellison barber, kate and zinhle are off today, "nbc news daily" starts right now.

♪♪ today, friday, june 21st, 2024. breaking news, the gun ban remains. the supreme court rules domestic abusers with restraining orders cannot own firearms, what the decision says about the court's views on gun rights and the justice who was the lone dissenter. scorched earth, massive wildfires burned thousands of acres in new mexico and california. hundreds of buildings have been destroyed, our team is on the fire line. tiktok fights back, the chinese-owned social media app calls its potential ban in america unconstitutional. the urgent message from some that the platform -- from some of the platform's content creators. split decision, when the dinner check shows up, who pays? should it be 50/50. how you can deescalate the tension when it comes time to settle the bill. happy friday, we're so glad you're with us. we're going to begin this hour

with breaking news, and a major ruling from the supreme court on guns, the justices upheld the federal law that says people who are subjected to domestic violence restraining orders cannot have firearms. this case was seen as a test to some to see how far the conservative majority court would be willing to go on gun rights. every justice, except for one, clarence thomas, ruled in favor of the biden administration, which was defending this law. i want to bring in nbc news legal analyst danny cevallos or more on this. walk us through the ruling. what stood out to you specifically in the court's opinion, and in terms of the average, everyday american, how will this ruling impact them? >> this ruling was not a surprise. i had it at either 8-1, or 9-0. clarence thomas being the only dissenter. one of the rare occurrences where i was actually right. i wasn't alone. many figured this statute, the disarming statute under federal

law would survive. and under this particular subsection, it had to do with domestic violence restraining orders. what the court had to decide is whether or not, in the history of the united states, there is a tradition of disarming dangerous people. it concluded that there was, and there were such statutes that disarmed dangerous people. there were -- there was some doubt on some of the issues because it's kind of a convoluted analysis. but the bottom line is that, in all likelihood, especially with zachky rehemy the party in the case who was unquestionably are very dangerous person that it was likely the federal firearm disarming statute would survive. this particular subsection. there are other challenges coming down the road, particularly to the felon in possession part of the statute. >> it focused on a specific group, not american gun owners at large necessarily. >> exactly right. you can look at the numbers. the actual numbers of

prosecutions of people who are under a domestic violence restraining order, and they're prosecuted for violating this law, we're talking a handful. far more important will be the felon in possession part of the statute, which is coming before the supreme court. that is a portion of the statute that is charged all the time, every day, thousands of times. it is a much more significant portion. this is the appetizer. the real meal is coming up down the pike. >> does this give us any indication, this most recent ruling, and a couple of other recent ones along the lines, where they may rule on the next bigger gun case? >> it's hard to say. because, on the one hand, this is a different analysis. the felon in possession part of the statute, we've always been able to disarm felons, that's an easy case. but on the other hand, that case involves someone whose felony was very minor, and many, many years ago. so it might be a slightly different constitutional analysis. on the whole the fact the

supreme court is even deciding second andment issues is a marked departure from its approach in the last several decades. it's only in the very recent history started deciding these cases. very significant because gun owners in the united states will get a better idea of what their second amendment rights really are in the very near future. >> danny cevallos, thank you, we appreciate it. new mexico is officially in disaster mode at this hour. firefighters are racing to contain a pair of wildfires ripping across the state. so far, more than 24,000 acres very scorched. it's killed at least two people. president biden issued a disaster declaration for southern parts of the state. correspondent steve patterson is in new mexico for us. also here is nbc news meteorologist bill karins. steve, let's start with you. are firefighters there making any progress? >> reporter: yeah, i just spoke to an information officer with the u.s. forest service.

they are making progress, ellison. that not enough to add to the containment numbers, both of these fires in this area still burning out of control. but as you may be able to see the weather has let up significantly. it's been raining all day. humidity has increased. temperatures have cooled. perfect conditions for fighting a fire. again, not going to put the fire out. firefighters, about a thousand of them, engrossed in this battle, 1,400 structures lost. 500 of those possibly homes, two people dead, this fire has been immense. it has been terrible. it has been burning on both front seat. but firefighters are starting to get at least a foothold, and we should see containment increase a little bit, hopefully over the weekend, ellison. >> steve, do we know what this new disaster declaration from the president will actually lead to? how soon can it help? >> reporter: yeah, so, this was a declaration that was called upon by the entire congressional delegation of new mexico. they wrote biden a letter, the

president, of course, responded declaring this, i believe at some point, yesterday, what it essentially does is it frees up federal resources. so, if you lost a business, you lost a home, you can apply for assistance, and it's important, specifically, to this fire because not only does it apply at the state level, not only does it apply at the local level, it also applies at the tribal level. the tribal land is maybe about a few feet behind me. a large swath of tribal land was affected specifically by the salt fire, which is sort of the southern burning fire, but really both of these fires burning on tribal land, they need that assistance, and i'm sure they're happy to have it. ellison. >> bill, in terms of new mexico there's some potential there for storms, in parts of the state, what would that mean for this fire effort? >> it's good and bad for this fire effort in the west. behind steve it's perfect, you don't have any lightning, just steady rain, cooler temperatures, that's ideal for knocking the blaze back, getting

it in control and getting the containment lines around it and we also have a big severe thunderstorm watch over the four corner region and this is that time of year you get the lightning and a new fire started when we get thunderstorms. we'll have to wait and see how that progresses. but specifically looking at the flash flood watches, the same areas getting the storms today, we also have a flash flood warning where steve is located because we have the burn scars, and any rainfall you get rapid runoff on that. so this is the roswell, right where my finger is here, and this is where those fires were, this was where steve is, a light soaking rain, so that's perfect right now. other areas of the west are extremely warm, and interior california, 2800 people remain under excessive heat warnings. and over the weekend we are going of see this continued weather pattern. california is staying very warm and the heat is actually spreading to many areas by the end of the weekend, areas like salt lake city could be 100. monsoon flow in new mexico, and southern arizona, isolated rain

on saturday, that continues on saturday. the temperatures are going occupy, boise, 100, salt lake city, vegas 109. so it's that time of year, ellison, you can't win. we like the rain but we don't want the thunderstorms. they usually do start new blazes as we go throughout this time of year. >> all right, steve patterson, and bill karins, thank you both, we appreciate it. it's time now for today's cnbc money minute, toyota recalls thousands of suvs, and what was on the shelf at a popular discount chain? steve kovach joins us now. hey. >> hey, ellison, toyota is recalling 145,000 lexus and highlander suvs over an air bag issue. the driver side curtain air bags make -- deploy, and auto makers are working on a fix, owners notified by mid-august. dollar tree failed to remove applesauce packets that contain

contaminated lead. the letter said public health officials still found the pouches, which contain 200 times the fda approved amount of lead up to eight weeks after they were recalled. the discount chain now has 15 days to respond to the letter with a plan to avoid having recalled products on shelves in the future. and a neurotech company plans to put its brain implant on trial. they anticipate it will $100,000 each. and it implants a chip into a patient's brain. neurolink was co-funded by elon musk. it's easier to buy an iphone. >> interesting stuff, though, steve kovach, thank you so much, we appreciate it. happy friday. >> you too. new and next on "nbc news daily," a key hearing today in former president donald trump's classified documents case. why his lawyers are trying to get the whole case dismissed. but first, new developments this the deadly shooting on the

set of the alec baldwin film "rust," the major testimony prosecutors want the jury to hear. you're watching "nbc news daily." “the darkness of bipolar depression made me feel like i was losing interest in the things i love. then i found a chance to let in the lyte.” discover caplyta. unlike some medicines that only treat bipolar i, caplyta is proven to deliver significant symptom relief from both bipolar i & ii depression. and in clinical trials, movement disorders and weight gain were not common. caplyta can cause serious side effects. call your doctor about sudden mood changes, behaviors, or suicidal thoughts right away. anti-depressants may increase these risks in young adults. elderly dementia patients have increased risk of death or stroke. caplyta is not approved for dementia-related psychosis. report fever, confusion, or stiff muscles, which may be life threatening, or uncontrolled muscle movements which may be permanent. common side effects include sleepiness,

dizziness, nausea, and dry mouth. these aren't all the side effects. in the darkness of bipolar i & ii depression, caplyta can help you let in the lyte. ask your doctor about caplyta. find savings and support at caplyta.com. your best defense against erosion and cavities is strong enamel - nothing beats it. new pronamel active shield actively shields the enamel to defend against erosion and cavities. i think that this product is a gamechanger for my patients - it really works. it only takes a second for an everyday item to become dangerous. tide pods child-guard pack helps keep your laundry pacs in a safe place and your child safer. to close, twist until it clicks. tide pods child-guard packaging. [tense music]

one aleve works all day so i can keep working my magic. just one aleve. 12 hours of uninterrupted pain relief. aleve. who do you take it for? ...and for fast topical pain relief,try alevex. attorneys for alec baldwin are trying to get his involuntary manslaughter charge dropped in the deadly "rust" movie shooting case.

a judge denied a request from prosecutors to compel the film's armorer to testify at baldwin's trial. baldwin pleaded not guilty in the 2021 shooting death of cinematographer halyna hutchins, baldwin's defense attorneys are calling for the entire case to be dismissed. nbc news correspondent dana griffin has been covering this case since the beginning, and joins us now. dana, break this down. what in court is happening right now, what do people need to know? >> reporter: so, this is the last hearing of the day where the judge ruled aside -- the prop gun that was used that ultimately fired that deadly round was destroyed by the fbi during their testing of the weapon. this is nothing new. we've heard about this before in the previous trial of the armorer. so, right now, the state is questioning one of the lead detectives about what was the state of that weapon when they showed up the day of that shooting, and so far that detective has said that the

weapon was not damaged. so that could be pretty hurtful for the baldwin case because they are trying to use this alleged damaged gun to try to get out of charges. ellison? >> the judge is also weighing a request from baldwin's defense attorneys about this question, their proposal, their suggestion, argument, that this trial should not go forward. can you break down exactly what they are saying supports that case here? >> reporter: yeah, i can tell you one of the elements they brought up was the fact that they say that the defense or excuse me the state gave them some 361 phone recordings of hannah gutierrez reed, the armorer in this case that was found guilty of involuntary manslaughter for loading that live round of ammunition into baldwin's gun. and they said that, you know, the prosecution was trying to kind of work the system and to hinder their case but giving

them that much information, and that it would take 15 days to listen to the calls. one of the last things we heard in the last hearing was the judge decided not to give hannah gutierrez reed immunity in this case because they want her to testify in the upcoming trial that's expected to happen next month, and the judge said she's already proven to be uncooperative. she's already said in jailhouse conversations that she does not want to testify on baldwin's behalf because he didn't show up for her. and that during the pre-trial interview she pleaded the fifth several times, even when she didn't need to according to the prosecutor. the judge has decided she will not hold hannah ambiguity red reed in contempt if he shows up to court and decides not to testify. >> dana, a lot of people are following these updates, and i think saying, wait a second, this happened so long ago, we're talking about something that happened in 2021. we've seen hearing after hearing for alec baldwin. is there actually a date for when this could go to trial? do we think we'll be in this

hearing phase for a bit longer? >> reporter: you know, it's hard to tell what's going to happen next, ellison, because there are these last-minute motions that keep coming up, including several to dismiss the indictment against alec baldwin. this is just really a last-ditch effort before his trial is expected to start. we've already got a date on the calendar, july 10th. it's expected to last through the 19th, so that's at least a week and a half of this trial. but, of course, leading up to that, you're probably going to see more motions, and more things that come out to try to get this case dismissed, which is something that any good defense would do to try to get their client off of these charges so we'll just have to wait and see if anything else comes up. but, as of right now, baldwin is slated to go to trial next month. ellison? >> dana griffin, excellent reporting as always, thank you. >> thank you. tensions between israeli prime minister benjamin netanyahu and the white house are escalating after the israeli leader accused the u.s. of

withholding weapons in its war with hamas. both sides are trading new jabs with netanyahu, face ago widening rift with his own military. however, he's doubling down on his comments about the biden administration. nbc news international correspondent josh lederman joins me now. josh, prime minister netanyahu has just addressed this controversy, right, where h did he do it, and what did he have to say? >> reporter: well, he did in an interview with punch bowl, notable is a washington, d.c. publication. this is right in president biden's backyard, and typically these kinds of disagreements between two countries are kept behind closed doors, ellison, especially when you have a relationship like the u.s. does with israel, where america is the most important ally for israel at a time that it is under growing pressure, and doesn't have that many allies around the world. but netanyahu really pointedly critiquing the biden administration for what he says is an inability and a failure to deliver the weapons that he says israel needs to defend itself,

and to continue its war against hamas in the gaza strip. and there had been a lot of speculation that he was really just referring to one shipment of bombs that the biden administration had put on hold over concerns about how it might be used in rafah, in a way that could cause serious numbers of civilian casualties. but netanyahu in this new interview is making clear he believes this is much bigger than one shipment, he says aid deliveries have slowed down to a trickle and he says he's counting on the u.s. to change that as fast as possible. >> josh, netanyahu is also facing increased pressure from the families of hostages who have been protesting all week. what are we hearing from those families? and is there any movement on a possible cease-fire? >> reporter: yeah, those families of hostages still include about five americans, have been out and about, very publicly criticizing the netanyahu administration. they've been protesting outside his residence, and i want you to hear from the brother of one of those hostages, nama levy who

turns 20 years old tomorrow in captivity, what her brother had to tell nbc. >> the most basic, basic needs, like she would have something to eat on her birthday, that maybe she has a friend or two around her. i woke up this morning, and i don't know how she woke up. i don't know if she even slept. i don't know what maybe these awful human beings that did awful things might still be doing these awful things. >> reporter: ellison, there have been no recent signs of progress on a hostage field, but those families say they are not giving up hope. >> josh lederman, thank you, we appreciate it. coming up, tiktok fires back, how the chinese-owned back, how the chinese-owned social media app is tak in if you have chronic kidney disease you can reduce the risk of kidney failure with farxiga. because there are places you'd like to be. farxiga can cause serious side effects, including ketoacidosis that may be fatal, dehydration, urinary tract, or genital yeast infections, and low blood sugar.

a rare, life-threatening bacterial infection in the skin of the perineum could occur. stop taking farxiga and call your doctor right away if you have symptoms of this infection, an allergic reaction, or ketoacidosis. ♪ far-xi-ga ♪ schwarzkopf dare to tell your story with keratin blonde by schwarzkopf. lighten your hair up to 9 levels and protect it from breakage with our bond enforcing system. let your hair tell your story. schwarzkopf keratin blonde. what story will you tell? if you spit blood when you brush, it could be the start of a domino effect. new parodontax active gum repair breath freshener. clinically proven to help reverse the four signs of early gum disease. a new toothpaste from parodontax, the gum experts. when you smell the amazing scent of gain flings... time stops. (♪♪) and you realize you're in love... steve? with a laundry detergent. (♪♪) gain flings. seriously good scent. you'll get better

when you're not blamed for a condition you can't control. you'll get better when your pain isn't minimized, dismissed, forgotten. we will never stop trying to get better. because when medicine gets better, all of us can get better. (♪♪) -remember when i said we need to screen for colon cancer? -was that after i texted the age to screen was now 45? [both] because i said cologuard®! -hey there! -where did he come from? -yup, with me you can screen at home. just talk to your provider. [both] we'll screen with cologuard

and do it my way. cologuard is a one-of-a-kind way to screen for colon cancer that's effective and non-invasive. it's for people 45+ at average risk, not high risk. false positive and negative results may occur. ask your provider for me, cologuard. news daily. i'm audrey asistio and we are monitoring what lies ahead for oakland's mayor. sheng thao. one day after her home was searched by fbi agents. it is a story we first brought to you yesterday as breaking news. and now calls are mounting for the mayor to resign. nbc bay area's ginger conejero saab is outside tao's home with what could come next. community members who were pushing for the mayor's recall are now calling for her to step down. they're now calling for her immediate resignation. now, the mayor has not responded to those calls. she has also not said anything about the fbi search that took place at her

home yesterday morning. now, it has been a much quieter scene here this morning compared to how it was yesterday. not too long ago, we saw one gentleman who we believe lives inside the home leave with, a package in hand. he was trying to cover his face with that package, and he did not respond to our request for comments on the search that took place yesterday. that is when federal agents searched the oakland mayor's home at around six in the morning. they stayed for several hours. and we do know that multiple agencies were executing search warrants, including the fbi, the irs, and the us postal service. and our cameras captured the moments those agents loaded cardboard boxes and plastic bins into their vehicles. what is inside those box boxes is still unknown now. last night, organizers of the mayor's recall gathered outside her home here in oakland, calling for her resignation. the oakland naacp is also calling on the mayor to step down. now, law enforcement sources tell us the mayor's home

is one of four places where search warrants were executed in oakland. property records show. one property that was searched on skyline boulevard belongs to david duong. he is a ceo of california waste solutions, who holds oakland's recycling contract now that family has ties to mayor sheng thao and both are referenced in a 2020 city ethics complaint alleging campaign finance violations. fbi agents also searched a home on view crest court property records showing that home is owned by andy duong, david's son . it is unclear how the warrants are all connected or who is the specific target in these investigations. and again, we do not know if the 2020 ethics complaint has anything to do with the search that took place here at the mayor's home, or with the search that happened at the other properties. we have reached out to the mayor's office, and they've directed all inquiries about the fbi search to the fbi in oakland, ginger conejero nbc, bay area news. thanks for that update, ginger. appreciate it. we are learning

new details about a man shot by police this morning in newark. shooting happened in front of a chevron gas station at the intersection of newark boulevard and jarvis avenue. it started this morning when someone reported a man causing a disturbance. newark police say the man isn't homeless, but they've seen him before. when officers arrived, they found the man with a gun in his hand, or so they thought. turns out the gun was a b-b or airsoft. officers did end up shooting that man. he was taken to the hospital. he is expected to survive. meanwhile, police say the cameras at the gas station show that the man was not behaving appropriately at the time. also in oakland, a lot of unanswered questions following a shooting near lake merritt. two nights ago, thousands of people were at an unsanctioned juneteenth celebration near the lake. eventually, an illegal sideshow took place at grand and euclid avenues, fighting broke out in the streets and shots were fired. at least 15 people were shot. they haven't yet said if any arrests have been made.

witness witnesses later said that the police response was slow. meanwhile police said crowds responded violently to the officers who tried to guide people to safety. right. another news temperatures creeping up today. here's meteorologist kari hall with what to expect. hi kari, our temperatures today will be slightly hotter for this afternoon into the low 90s for los gatos and morgan hill, but a lot of upper 80s for the south bay. it will be as hot as 94 degrees in antioch today, but still a wide range of temperatures. vallejo will be in the upper 70s and 77. in oakland, in fremont, we're looking at a high of 83 degrees. and along the coast it's staying in the 60s, while palo alto will hit a high of 82 degrees in san francisco, up to 72 in the mission district and in the upper 60s for the marina district north bay. temperatures in the upper 60s near the coast, but as hot as 99 in ukiah and santa rosa will reach a high of 90 degrees. we'll take a look at

slightly cooler temperatures in our 7-day forecast for the inland areas. that's coming up in about 30 minutes. sounds good. kari. thank you. and that does it for this edition of the does it for this edition of the fast forward. i'll be back in if you have moderate to severe ulcerative colitis or crohn's disease... put it in check with rinvoq... a once-daily pill. when symptoms tried to take control, i got rapid relief and reduced fatigue with rinvoq. check! when flares kept trying to slow me down i got lasting steroid-free remission with rinvoq. check! and when my doctor saw damage, rinvoq helped visibly reduce damage of the intestinal lining. check! for both uc and crohn's: rapid symptom relief lasting steroid-free remission. and visibly reduced damage. check. check. and check! rinvoq can lower your ability to fight infections, including tb. serious infections and blood clots, some fatal, cancers, including lymphoma and skin, heart attack, stroke, and gi tears occurred. people 50 and older with a heart disease risk factor have an increased risk of death.

serious allergic reactions can occur. tell your doctor if you are or may become pregnant. put uc and crohn's in check ...and keep them there with rinvoq. ask your gastroenterologist about rinvoq and learn how abbvie can help you save. liberty mutual customized my car insurance and i saved hundreds. with all the money i saved i thought i'd buy stilts. hi honey. ahhh...ooh. look, no line at the hot dog stand. yes! only pay for what you need. ♪liberty, liberty, liberty, liberty.♪ if you spit blood when you brush, it could be the start of a domino effect. new parodontax active gum repair breath freshener. clinically proven to help reverse the four signs of early gum disease. a new toothpaste from parodontax, the gum experts. i'll be honest. by the end of the day, my floors...yeesh. but who has the time to clean? that's why i love my swiffer wetjet. it's a quick and easy way to get my floors clean. wetjet absorbs and locks grime deep inside. look at that! swiffer wetjet. (♪♪)

(♪♪) bounce back fast from heartburn with new tums gummy bites, and love food back. (♪♪) bottom of the hour now, here are some of the stories making headlines on "nbc news daily." >> we are live here at -- in --

there is a shooting going on. >> we are following breaking news out of arkansas. two people are dead, and seven others injured in a grocery store shooting in fordice, south of little rock. state police say the shooter was injured after being shot by officers and has now been taken into police custody. one officer was also shot, and is expected to be okay. we'll bring you updates as we have them. turning to the american man charged with bringing ammunition to the turks and caicos, he has avoided jail time. brian watson can now return home to oklahoma after paying a fine, he says he did not intend to pack the hunting ammunition found in his baggage in april. turks and caicos has a minimum sentence of 12 years for firearms charges. but today a judge ruled that watson's circumstances warranted an exception to that law. in recent months two other americans have also been granted

leniency after being detained for the same charges. and cue the duck boats. boston sports fans have a lot to celebrate. today the city held a championship parade for the celtics. they won their 18th nba championship on monday night. thousands of fans lined the streets with the duck boats rolling through carrying players. it's the 13th time this century this city is holding a rally to honor one of new england's four major sports teams. former president donald trump's lawyers are back in a florida court today with a new dispute over the mar-a-lago classified documents case. at issue today is whether the appointment of the special counsel who oversaw the investigation was constitutional. this is just one of a number of hearings judge aileen cannon a trump appointee has approved. she has still not set a date for the trial to begin. nbc news justice and intelligence correspondent ken dilanian is outside of the course house in fort pierce,

florida, talk to us about the hearing today. is it normal to have so many hearings before a trial? and what are the chances we actually see this trial start before the general election? >> reporter: slim to none is what most legal experts say, it's normal to have pre-trial hearings, par for the course, but it's been nearly a year since donald trump's indictment on this case, and this is the 11th pre-trial hearing and many matters are still as yet unresolved. legal experts are saying it's not normal to have a hearing on every single disputed motion, no matter how thinly argued by the defense. and today's motion was a case in point. it's an argument that the appointment of the special counsel was unconstitutional. it has been tried, and it has failed in previous special counsel cases, there's a slightly different wrinkle in this one in that jack smith was never confirmed by the senate. they may have a novel issue. many legal experts say this is something that judge cannon could have resolved by reading the legal briefs and making a

decision. instead, she chose to conduct a day-long hearing. lawyers not part of this case, almost never happens in a criminal case, and there are two more hearings scheduled for monday and tuesday, on other pre-trial issues, and, again, no trial date set a year after the indictment. so, very, very unlikely this case could go to trial before november. ellison? >> ken dilanian in florida, thank you. with just days to go until the first head-to-head debate of this election cycle between president biden and former president trump, vice president kamala harris is weighing in. she sat down with "morning joe" co-host mika brzezinski in an exclusive interview. >> joe biden in this debate will make clear the contrast, you know, of the many issues in our country and our world, that are complex and nuanced, november of 2024 is binary. and when you look at the

difference, i would ask people to really imagine what the world will be like on january 20th, 2025. on the one hand you have joe biden who has spent his life and career fighting for the well-being of other people, including health care. on the other hand, you have the former president who spent full-time when he was president trying to get rid of the affordable care act, which if he is successful as president again would mean over 100 million people would be stripped of health care coverage. you have on the one hand, joe biden, who under his leadership, bipartisan support for the first meaningful gun safety legislation in 30 years, and on the other hand the former president who when speaking of survivors of horrendous gun violence says get over it, and will proudly talk about how, to the nra, about how he did nothing on the issue, and i could go on and on. i think that the debate is going

to make clear the contrast between our president, the current president, who works on behalf of the american people, fights for the american people, and the former president who pretty much spends full-time fighting for himself. >> watch the full interview on msnbc's "morning joe this monday at 6:00 a.m. eastern. tiktok is firing back against the u.s. government in response to the biden administration's new law that forces the sale or ban of the wildly popular app. and a court brief filed this week attorneys for tiktok called the law an act of political demagoguery and they say it silences free speech. nbc news business and data correspondent brian cheung joins us now. walk us through the brief. >> it's setting the stage for the legal battle between tiktok and the u.s. government, it's all stemming from the legislation that congress passed. i want to remind our viewers, on a bipartisan basis earlier this year, that basically says bytedance, the chinese parent company of tiktok would have to

sell and divest this company within nine months or it would be bans nationwide. we're not there yet, but tiktok is trying to ask a court to basically strike down this law and say it's unconstitutional for a number of reasons, free speech being one of them, another one of them being whether or not the government was unfairly targeting one specific company. tiktok alleged it's political demagoguery and saying this law sets a dangerous precedent, allowing the political branches to target a disfavored speech platform. what's interesting is tiktok also pointed to an agreement they were working on with the government that was open until at least august 2022, something that could have allowed the u.s. government to use what day call a kill switch to basically take tiktok down at the push of a button if they found they were in violation of the national security agreement that was never signed, but tiktok wants to bring that to court saying look, there were conversations happening between tiktok and the u.s. government but the u.s. government didn't follow through. see if a judge sides with them.

>> interesting, too, to hear you use the term that tiktok used, describing themselves as a disfavored speech platform, u.s. lawmakers on both sides of the aisle, their argument the whole time has been no, you're different because of the way businesses have to operate in a place like china. have we heard from d.c. on this latest brief from tiktok? >> yeah, well, the department of justice had a statement yesterday that basically was a repeat of the statement following the legislation being passed in which they say they feel that the legislation properly addresses national security concerns in it is the case that chinese can get into u.s. data. for what it's worth the court is not trying to litigate whether or not china has access to u.s. data through tiktok, what they're trying to litigate is whether or not the legislation passed by congress is constitutional in the way that it addresses those national security concerns. so, that proceeding is set to begin in september, that's when oral arguments are going to begin. we'll probably hear more of the u.s. argument but the justice

department pointing to legislation passed on a bipartisan basis in saying that's what we're trying to argue in court. >> september is the big time. really interesting case. brian cheung, appreciate its. an alleged drunk driver slams into two bikists in texas, both survived and one of them is speaking out. correspondent adrienne broaddus has this story, the images are disturbing. >> reporter: this is the terrifying moment that cyclist tom gephert says could have killed him. he was slammed into and run over. >> i could have easily been in the icu or dead. >> here is definitely the -- that one is quite deep. >> the driver who police identified as american airlines cargo team member benjamin highlander arrested for driving under the influence. witnesses told police they followed highlander to a gas

station, demanding he return to the scene. >> i have a bunch of abrasions that are somewhat deep, this one is pretty deep. i had a pretty good concussion. >> he's been released, furious at what he saw in the video of the incident. >> i'm so angry. it looked like he could have stopped before he rolled over me but then sped up and went right over me. he seemed so callous and disregarding of the fact there was a human there. >> reporter: police say while treating geppert highlander ran on scene hysterically shouting, quote, i'm sorry, according to the police report officers found six empty beer cans, in the backpack in highlander's suv, and his blood alcohol content was twice the legal limit. >> impaired driving is a major public health crisis we're facing. >> reporter: advocacy groups are pushing to end drunk driving with technology. the halt drunk driving act which passed in 2021 will require all new cars to come equipped with

smart technology that detects and stops impaired driving by 2027. >> i think it's better than a breathalyzer. in fact, what it would actually do is passively detect impairment once the driver gets behind the wheel. >> reporter: according to the department of transportation in 2020 at least 34% of all crashes resulting in a bicyclist death involved alcohol consumption, by either the driver, or the biker. geppert spent decades helping people as a physician. now retired, we says he won't let this crash stop him from riding again. >> i definitely want to be two or three weeks without before i try it again. it's huge, because my friends are part of cycling a lot of the time. >> reporter: adrienne broaddus, nbc news. coming up, dinner with friends. it can turn into a game of math once that check arrives. so, what are some of the best ways to split the bill without making it a big issue? our expert joins us with

we're turning back to the breaking news out of arkansas. two people are dead after a shooting at a grocery store. nbc news correspondent sam brock joins us with more. sam, we understand this took place at a grocery store in a city called fordice. walk us through what we know

right now. >> reporter: ellison, it looks like we're seeing images frat scene right now. all of the information we have been granted is limited information, coming from arkansas state police who confirm that 11:30 local time this morning a shooter opened fire at the mad butcher at, not clear if it was inside or outside of it. what you're looking at right now is video from a witness that was captured right near that scene, where you actually hear a series of gunshots that go off, a space and then maybe 10 or 15 seconds later more gunfire after that. in terms of who was affected, what we know right now, there were seven civilians who were shot, two of them, as you mentioned, who have been killed. they said nine people were shot total so that also includes a law enforcement officer who was shot but suffers non-life threatening injuries, and it includes the shooter, not clear his background, his or her background, why they opened fire, but the shooter has been detained according to arkansas state police, and we are expecting a briefing from the state police sometime in the next 45 minutes to an hour. those are the basics of the

information that we have right now, fordice, by the way, is roughly about an hour's drive south of little rock, and in terms of response from government, from the community members there, still waiting to hear from witnesses on scene, but the governor, governor sanders, did say she issued a statement, i should say, wanting to provide her prayers for the victims and all those impacted. she says i've been briefed on the tragic shooting in fordice, in constant contact, i'm thankful to law enforcement and first responders for quick and heroic action to save lives. big picture right now, widening the scope, roughly nine mass shootings just over the weekend, across the country, that includes a shooter opening fire at a splash pad in michigan injuring nine, including an 8-year-old child in round rock, texas, two people killed celebrating a juneteenth party over the weekend, so obviously this fits into the pattern of mass shootings. 230-plus for the year, ellison, and following the latest details on this. >> sam brock in our southern but owe, thank you for breaking that down for us. again, what we are following is

a story out of arkansas, nine people have been shot, two, at least, have been confirmed dead by local authorities there. they also are saying that the suspect in this was shot by officers and is now in police custody and being treated at a hospital. this all happened at or in a supermarket in fordice, arkansas, we will bring you updates throughout the day. switching gears, talking about today's mental health check, something that can sometimes feel awkward, even if you're with friends and that is splitting the bill. it happens a lot, especially in the summer. we all want to go outside, hang with our friends. but all the sudden you're sitting there wondering should i split the check down the middle or should everyone pay for only what they ordered? does ninevah calculator? there's the question of how much should everybody tip? elaine swan joins us now, a lifestyle and etiquette expert. elaine, good to see you. okay, help us out. a lot of us love to try and have brunch with friends on the weekend, but the check moment can be awkward because sometimes

people have different ideas on how it should be done. what's your advice for making that bill split less awkward? >> one of the things that folks can do is to get the information clear before you even get started. it's more awkward but my recommendation is to embrace the awkward moment and say, hey guys, how are we going to split the check? do you want to split it evenly, are we -- what are we going to do? this is where you want to get that out in the open as you have your menus open, as you're looking. sometimes the server will come over and ask, but if they don't ask, just make sure you get it it out in advance. that's the first thing. if you have determined you're going to split the check evenly, and this is where people just really get bent out of shape. you know, there's the thought process that, hey, i just had a salad and a water and this one had the champagne, the mimosa, the appetizer, all of that along with it. make sure you're being fair in the process, pay your fair

share, and when you do split that check make sure that you're not only splitting the check, but also the tasks and the tip as well. >> all right, what about that moment when one person says okay i've got it but will settle later, but the restaurant is like we can only take one card, somebody puts it on and they want everybody else to pay their part or venmo later but you don't get it from some of the people. how do you ask them to pay you back without being rude? >> you're not being rude. that's the thing. sometimes we take that on for ourselves and we think, oh, gosh, am i being rude? you're not. you're -- you're asking for your money back, and so, you simply send that person a quick message and say, hey, just want to give you a gentle reminder about sending over the exact dollar amount, tell them that exact dollar amount and remind them to send it to you. so, there's nothing wrong with shooting a text, or even

utilizing whichever app you're going to use and sending a request to that person for that meal. don't feel awkward, push past it and get your money. >> very quickly, what if you are on a date, is there a 2024 golden rule for split or who pays? >> if you're on a date, and someone is courting you, then they are the ones who are supposed to pay, that's what it looks like, that's what it should be. that's definitely adult especially for the person being courted. don't be so grateful someone is taking you out that you feel like you have to pay. let them go ahead and treat you. >> i like that advice. elaine swann, thank you so much, it appreciate wow. -incredible, isn't it? -yeah. well, with your home, auto, boat and rv all bundled with progressive you've got the peace of mind to really wander. yeah. yeah, i just hope it stays this way. once word gets out about these places they tend to -- -are you done? -aaand there it is.

well, at least your vehicles are protected. let's hit the road. hey fam! i'm just at this beautiful lake that i just discovered. practicing gratitude, manifesting abundance. (♪♪) heartburn makes you queasy? get fast relief with new tums+ upset stomach & nausea support, and love food back. (♪♪) i'm adding downy unstopables to my wash. now i'll be smelling fresh all day long. [sniff] still fresh. ♪♪ get 6x longer-lasting freshness, plus odor protection. try for under $5! [tense music] one aleve works all day so i can keep working my magic. just one aleve. 12 hours of uninterrupted pain relief. aleve. who do you take it for? ...and for fast topical pain relief,try alevex.

“the darkness of bipolar depression made me feel like i was losing interest in the things i love. then i found a chance to let in the lyte.” discover caplyta. unlike some medicines that only treat bipolar i, caplyta is proven to deliver significant symptom relief from both bipolar i & ii depression. and in clinical trials, movement disorders and weight gain were not common. caplyta can cause serious side effects. call your doctor about sudden mood changes, behaviors, or suicidal thoughts right away. anti-depressants may increase these risks in young adults. elderly dementia patients have increased risk of death or stroke. caplyta is not approved for dementia-related psychosis. report fever, confusion, or stiff muscles, which may be life threatening, or uncontrolled muscle movements which may be permanent. common side effects include sleepiness,

dizziness, nausea, and dry mouth. these aren't all the side effects. in the darkness of bipolar i & ii depression, caplyta can help you let in the lyte. ask your doctor about caplyta. find savings and support at caplyta.com. ways and taxiways at sfl will open for full service. this is good news for travelers, of course, because it could mean you'll experience less flight delays. airport had closed one taxiway back in january for repairs. the goal was to allow planes to exit the runway more safely after landing. during that closure, sfo reduced the amount of flights going in and out of the airport, and many travelers experience flight delays. you may have been one of them. project was originally scheduled to wrap up in july, so the repairs are finished early. well, firefighters right now in

san francisco are working to control a water main break. this is happening in the harper and randall street area. firefighters say they are working with homeowners there, at least seven of them who are impacted by this. trying to remove mud and all that water from their homes. crews are working to try to stop that water and mud from entering those homes. still not clear if anyone is displaced right now? well, it is a chance to see some treasures from space. the chabot space and science center in oakland is opening a new exhibition. it's a reimagined version of the nasa ames visitor center. it will include a lot of new displays and exhibits. visitors can take a look at spacesuits from past missions or build their own rovers, and you can also get a peek at a prototype for a new kind of lunar rover. it is set to launch to the moon next year, and our nbc bay area's bob redell spoke to the leading curator earlier this morning. this is a concept for a rover without wheels, so it's designed to deform and flop

and change shape to bounce, roll and climb over obstacles. chabot will celebrate the grand opening tomorrow and on sunday with a special nasa fest. well, it is officially our first full day of summer and you are going to feel the heat today. here's meteorologist kari hall with the forecast today. the heat's going to start to crank up for this first full day of summer into the low 90s, and then the upper 90s for saturday for the tri-valley, the south county into napa and sonoma valleys as well. and then on sunday, it's still pretty warm for those inland areas, but then seeing some slightly cooler temperatures for early next week. but we are still looking at a wide range of temperatures across our microclimates, so san francisco will see a high of 70. today. the warmest temperature will be 74 for tomorrow. and then as we see the return of the coastal clouds and fog, it will be in the upper 60s from sunday into much of next week, with our morning temperatures starting out in the upper 40s to

before you start, collect your thoughts and documents. write up a condensed timeline of events, then add in a narrative that explains where the airline dropped the ball, how it impacted you, and what you expect. now writing down your saga is important because the dot only takes airline complaints in writing, either by mail with a letter to this address, or online at transportation dot gov slash air consumer. the online form is pretty simple your name, airline, travel dates and so on. there's a small box to explain the situation, limited to 3000 characters. and finally submit. so what happens next? government reps will investigate and ask the airline for its take. the dot says it requires airlines to acknowledge consumer complaints within 30 days of receiving them. you can also let our response team know, though the

airlines aren't required by law to respond to us. all right, chris, thanks so much. and that does it for this edition of the fast forward. i'll see you once fast forward. i'll see you once again at 430 with you'll get better when you're not blamed for a condition you can't control. you'll get better when your pain isn't minimized, dismissed, forgotten. we will never stop trying to get better. because when medicine gets better, all of us can get better. (♪♪) your best defense against erosion and cavities is strong enamel - nothing beats it. new pronamel active shield actively shields the enamel to defend against erosion and cavities. i think that this product is a gamechanger for my patients - it really works. a mystery! jessie loves playing detective.

but the real mystery was her irritated skin. so, we switched to tide free & gentle. it cleans better, and doesn't leave behind irritating residues. and it's gentle on her skin. tide free and gentle liquid is epa safer choice certified. it's gotta be tide. if you have chronic kidney disease you can reduce the risk of kidney failure with farxiga. because there are places you'd like to be. farxiga can cause serious side effects, including ketoacidosis that may be fatal, dehydration, urinary tract, or genital yeast infections, and low blood sugar. a rare, life-threatening bacterial infection in the skin of the perineum could occur. stop taking farxiga and call your doctor right away if you have symptoms of this infection, an allergic reaction, or ketoacidosis. ♪ far-xi-ga ♪ you will be the first transport an allergic reaction, or ketoacidosis. into agents with powers beyond those of mortal man. or, you just might explode, we don't really know. i give you... the mega minions.

[ speaking minionese ] [ laughter ] good luck with that. s is "dateline daytime" on nbc. i'm craig melvin, anowbird: r father always told me to keep an eye on her. you had made a promise to him. yeah, to make sure she was ok. i was going to find her.