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"chris jansing reports." at this hour, donald trump's republican rivals not sounding much like rivals after he's kicked off the ballot in colorado. what they're saying including the candidate pledging to withdraw from the state's contest if trump can't compete too. pressure mounting on israeli prime minister benjamin netanyahu. his tense meetings with the families of hostages and where negotiations stand right now to bring them home. plus, the threat is far from over as a volcano continues erupting in iceland, what it means for thousands of people forced to evacuate right before the holiday. and it's the most wonderful time of the year, unless maybe you're headed to the airport. the record-breaking travel as families head home for the holidays. our nbc news reporters are following all of the latest developments. we start with donald trump's republican opponents rallying around after the colorado ruling. nbc's vaughn hillyard is following that for us. what are they saying, vaughn?

>> reporter: we saw this after the search warrant execution of mar-a-lago when the fbi went looking for the classified documents that donald trump was allegedly holding on to. then we saw this after each of the four indictments that donald trump has faced over the course of the last several months. and now with the colorado supreme court making the decision that in colorado, he is disqualified from the ballot for the grounds of being involved in an insurrection. we see his republican rivals, if you may, the likes of ron desantis, nikki haley, vivek ramaswamy coming to his defense again, take a listen. >> i think the precedent that a court could just take somebody off the ballot without any type of criminal conviction or anything like that, i think that is not the way of the laws intended to be enforced. >> i do not believe donald trump should be prevented from being president of the united states by any court. i think he should be prevented from being president of the united states by voters. >> i will beat him fair and square.

we don't need to have judges making these decisions. we need voters to make these decisions. >> i would pledge to withdraw from the colorado gop primary unless trump or every other candidate is also able to run, and i call on every other republican candidate, ron desantis to nikki haley, chris christie, anybody else to doed same thing. >> reporter: it will come down to the u.s. supreme court if, in fact, they take up the appeal to determine and interpret the u.s. constitution, section 3 of the 14th amendment. we should note there is one republican presidential candidate who is supportive of the u.s. supreme crt removing donald trump from the ballot, and that is asa hutchinson. he says that quote, the factual finding that he supported insurrection will haunt his candidacy. chris. >> vaughn hillyard, thank you, and we'll talk to you again in just a bit. overseas, pressure is building on israeli prime minister benjamin netanyahu to make a new deal to bring hostages home from gaza.

nbc's jay gray joins us now. i know you heard from the families of a few hostages today, and not surprisingly it was very emotional. what did they say? >> reporter: yeah, absolutely, chris. we were at kibbutz b, many family members coming back to the area where we discussed the situation with them. 75 days that these hostages have been held captive inside of gaza, and no question that the panic, the frustration, the fear is all building with each not passing day but passing moment, and you can hear the desperation in the voices of those who want to see their loved ones come home. >> i've tried everything in my power, but still 75 days and my brothers in law are still being held by the most violent organizations in the history of

mankind. just five kilometers away from home. the pain we experience just now creeps into every kernel of our soul. i look into the eyes of our leader and plead, there is no prize too high for human life. don't let the sight of the burnt houses be the end of the story. only with the return home of all the hostages will we be able to rebuild our magnificent communities. >> reporter: look, there's no question that the negotiations have intensifies over the last 24 to 48 hours. both sides communicating and talking about some type of pause to the fighting to allow more hostages. but no deal at this point. in fact, we heard today from john kirby who talked about this a bit as well.

he says it's a very serio situation, calling it serious. we don't at this point have anything specific to announce, he says, or speak to. but what he does say is, i mean, this is something we have been working on since the last pause ended so these are very serious discussions and negotiations, and we hope they lead somewhere. it's been reported that israel has offered a pause in the fighting for at least a week in return for the release of all of the women hostages, the children and any of the men being held that are over 60 years of age. again, they have not made a deal. the qataris continuing to work as intermediaries and of course u.s. diplomats are involved in these discussions adds well. and a lot of people hoping that they can come to some resolution. we can see that pause and see some of the hostages released. as you just saw, still 129

believed to be held captive in gaza. chris. >> jay gray, thank you. let's go to iceland, a massive volcanic eruptions has scrambled holiday plans for thousands. >> reporter: we are inside the exclusion zone. this is as close as we're allowed to go to the eruption site. what was a wall of fire stretching across the horizon is concentrated to two just cones, still erupting but only releasing a small amount of lava. just a fraction of what was being spouted out just a few days ago. now just to give you a sense of the geography. this is a remote area. there's an awful lot of infrastructure. just around here is a power station that provides not just electricity, but also hot water to thousands of homes across the area. it is just a kilometer or so away, and they are concerned that lava could flow across this

way, perhaps cutting over this road, and also the electricity pylons that take that power away from here. it is very lucky that nothing has so far been damaged, but they are concerned that there could be new vents that open up in the coming days. perhaps even threatening the town of grindovek, another two miles down this road. anything can happen. they can't see below ground. they're using all the measurements they can, seismometers to look at the tremors in the earth, and also satellites in space to measure precisely, using gps, how much the ground is lifting up, pushed up by magma beneath. they do believe there's another pool of that molten rock below this area, and it could feed another eruption, perhaps even

new fissures opening up across this landscape. >> sky news, thomas moore, thank you. today is expected to be one of the busiest for holiday travel. nbc's tom costello is reporting from reagan national for us, tom. >> reporter: hey, chris, listen, if you are flying today or tomorrow, these are the busiest pre-christmas air travel days, travel up about 6% over a year ago. it's not going to be record setting. not like thanksgiving, but it's going to be very full. what that means is, no, there will not be a lot of elbow room, extra room on your plane. virtually every seat is going to be taken. 114 million people are going to be driving over this extended period. the roads are also going to be full. the good news is we've got good travel days today, anyway, with very few delays or cancellations because we have such a blue sky day. in all, remember the rule from the tsa. no liquids or gels, more than 3.4 ounces.

one bag, one carry on, and try to get here early because i'll tell you, the morning rush is very busy indeed. we saw a long line this morning at 7:00 a.m., and then it dies down, of course, because we're in the lull between banks or pushes of customers, and then it comes back again in the late afternoon to early evening. it's going to be another year of watching the weather. the faa command center says that's top of mind, and top of screen. they watch very closely because the ripple effect from a storm in the northeast, the most congested airspace in the country can cause delays all the way back out across to chicago, denver, out to san francisco. weather is key, and so far today, we're looking pretty good. chris, back to you. >> tom costello, thank you for that. you heard from trump's republican rivals, what we're hearing from voters on the bomb shell ruling, kicking trump off the ballot. we'll head to denver when we return in 60 secondings. -- seconds. -- seconds

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right now, republican members of congress are rallying around former president trump after that historic ruling removing him from colorado's 2024 primary ballot. let's go to capitol hill where nbc's sahil kapur is following this for us. so reaction has been pouring in. what are you hearing? >> reporter: that's right, chris, we're seeing an avalanche of republican reaction defending trump in the wake of this ruling from colorado. this is a tale as old as trump's political career itself. he gets into legal trouble, sometimes it's serious. sometimes less so. republican voters get riled up and the party rallies around him. that's what we're seeing here on capitol hill. let's tick through some of these reacons that we've seen. speaker mike johnson in the house said this was, quote, a thinly veiled partisan attack. he went on to say he trusts that the supreme court will set aside the decision, which he calls reckless and let the american people decide the next president. elise stefanik called the judge's partisan democratic operatives claim they are so

afraid that trump will win the next election that they're trying to take him off the ballot. jim jordan, another trump ally mockingly tweeted, the pro democracy party at work, how diculous. byron called it blatant disenfranchisement. rick scott called it insane, an attempt to weaponize the courts against conservatives, likened it to quote, socialist regimes in venezuela and cuba. it's not just trump supporters, chris, there are some who have not supported trump, that included thom tillis in north carolina, introduced legislation to take this kind of decision out of the hands of states and put it solely in the hands of the u.s. supreme court. said it was an outrageous decision and only the supreme court has the right to decide these cases about the 14th

amendment. overall, chris, it's a microcosm of how donald trump maintains this iron grip on the republican party, including we see that with rivals in the primary defending him. 26 days until the iowa caucuses, and trump for now remains in a commanding position to win his party's nomination, and face president joe biden in a reelection next fall. >> sahil kapur, thank you: let's go to colorado where nbc's steve patterson has been talking to voters about this decision. what's the general reaction? >> reporter: i think the overriding emotion is con fliks. there's so many intricacies, you have to think about colorado not necessarily being in the delegate math maybe for trump. you have to think about the appeal process, and this going to an even higher court, so will it matter. you have to think about the primary and the general, and will his name appear on the

primary. all of this still up in the air, until it's up in the air in the mind of voters. still some very proud of the state for being the only state to really put their foot down on section 3 of amendment 14. here's what we heard, some of it. listen to this. what does this say about the state of colorado? >> i think it says that colorado's not afraid to pursue the law and practice the law with politics aside. >> i think if this case were an isolated incident and it weren't the latest in a string of other cases, i think for me it would have more merit. >> i thought, like, this is it, he's done. we're going back to normal. we can finally put this guy aside. and i was incredibly proud of colorado. i thought i'm so psyched to live in a state like this that can do something that's kind of controversial for a lot of the

country right now, and then i woke up this morning, and i felt a little less excited. kind of the realism set in. >> reporter: and kind of in the same theme, another democratic voter tells me, you know, they're proud of colorado for being unique in this matter but also worried because won't this bolster trump's argument, isn't every legal challenge that seems to fly at the president, at the former president only boost his numbers? there's that sort of fear as well. i think it's a lot of conflict here in colorado, chris. >> steve patterson, thank you so much. vice president kamala harris condemning donald trump's antiimmigrant remarks and likening them to hitler. we've got that next.

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donald trump is doubling down on his highly controversial comments that immigrants are, quote, poisoning the blood of america, repeating the phrase on an iowa campaign event last night. and the biden campaign is hitting back hard. vice president kamala harris condemned the rhetoric in an interview with msnbc's lawrence o'donnell. >> it's language that is meant to divide us. it is language that i think people have rightly found similar to the language of hitler. and i think it's just critically important that we remind each other, including our children that the true measure of the

strength of a leader is based not on who they beat down but who they lift up. and sadly i think that there's something perverse that has happened in our country over the last many years, which is to suggest that strength looks like a bully when, in fact, the real character of a leader is someone who has empathy, who has some level of concern and care for the suffering of other people and then does something to alleviate that suffering. >> and both of your parents were immigrants. your mother is no longer with us. what do you suppose she would say hearing donald trump say that about her? >> well, my mother could use some very salty language sometimes. so i'm not going to tell you exactly what i think she might

say, but, you know, my mother was a fighter and she was a fighter for equality. my mother had two goals in her life, to raise two daughters, and breast cancer, my mother dedicated her life to solving problems and taking care of people. and there's no question in my mind that her response to that kind of language would be probably she also was a student of history. we've seen this before. we know where this could go, so stand up and fight for what is right. >> let's bring in adrienne elrod, a democratic strategist and former senior aid to the biden-harris campaign. good to see you. strong words from the vice president. why haven't we heard from the president more strongly on this? >> oh, i think you're going to, chris. you know, he made some comments, i think, during a media availability earlier today. look, i think what's important to look at here is these are really strong opportunities for both the president and the vice

president to create a contrast, to really show the difference between, you know, the fact that donald trump is someone who wants to divide this country, and the fact that president biden and vice president harris want to unite this country. they have an aspirational presidency. that's the way they look at things. she used this moment to do that. donald trump, of course, laid it out right in front of her, and she responded incredibly effectively, of course reminded people that she also too is a daughter of immigrants and many people in this country, by the way, the united states is made of immigrants to use in moment to remind the american people of that fact, but the bottom line here, chris, is that this is where you're going to start seeing more of a contrast from the campaign. i got to tell you, this was effective. i had people from college, friends who lived different places across the world. people who are not necessarily tuned into politics, sent me this interview and said how effective it was because he really reminded the american

people what the presidency stands for, and of course, you know, the fact that donald trump simply wants to divide this country as much as possible, and i think when you look at independent voters and where they're going to start siding is people start tuning in more and more to the election. the contrast could not be more clear. >> adrienne, that gets me to the heart of my question, though. we heard it from the vice president, not the president, and you mentioned, he did make some comments earlier today. he was asked point-blank if he thinks donald trump is an insurrectionist, and he said, i think it's self-evident. he said he supported an insurrection. there is no question about it. none. zero. but when he's using the kinds of words that many people believe are reflective of mein kampf are hitler's words, why should it just be the vice president. i know the white house put out a statement, but is this a real opportunity for the president to make the kind of contrast you're talking about? >> well, i think, look, when you

see the president, you know, talk more and more about this, he is making a contrast, and i think as donald trump continues to open his mouth and say the crazy things, the divisive, hateful things that we have heard him say for the last, you know, seven, eight years, a major national platform if not before that, you'll continue to see president biden make that contrast. you know, certainly the campaign is saying this. chris, normally the big rule on a campaign is you don't invoke hitler. you don't invoke the h word. when your opponent is literally invoking his language, stating his language, it's really hard for the campaign to not lean into that and not make that contrast clear. i think, again, the campaign is starting to heat up. we'll get into next year. you'll see more of a contrast. i think the campaign, the vice president will continue to use their platforms when given the opportunity. >> adrienne elrod, i have to say thank you, because we have some

breaking news. appreciate you coming on the program. this breaking news came to us just moments ago. the white house confirming that the u.s. has reached an agreement with venezuela for a prisoner swap, including ten americans. nbc's gabe gutierrez is following that story for us. what can you tell us about this deal. >> reporter: hi there, chris. we're actually just getting a written statement from president biden as well that, yes, as you said, ten americans are coming home. you see the statement right there. the president saying ten americans who have been detained in venezuela have been released and are coming home, including six wrongfully detained americans. as you know, chris, that is a designation that the state department gives out. so a short time ago, we heard from a senior administration official giving us a little bit more details here. venezuela and venezuela's government led my nicolas maduro. venezuela agreed to release ten americans, six which were wrongfully detained, as well as 20 political prisoners and notably, a fugitive from the u.s., now, that fugitive,

leonard francis, better known as fat leonard who was allegedly behind one of the worst bribery scandals in u.s. navy history. he fled to venezuela last year, weeks before his sentencing after cutting off his ankle monitor. in return, the u.s. is releasing a colombian businessman. an ally accused of bribery and money laundering to the tune of about $350 million. now, the biden administration calling this a very difficult decision to release alex saab, but saying that the president made that decision in an effort to get those americans home. again, ten americans on their way to the u.s., including six of them who have been designated as wrongfully detained, chris. >> gabe gutierrez, thank you. texas governor greg abbott's controversial immigration policy now spreading beyond the border. the new backlash from mexico's

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mexico's president is vowing to fight back against what he call texas's inhumane border law. the policy which allows texas police to arrest people they think entered the u.s. illegally is just an attempt by governor greg abbott to be the, these are his words, the republican nominee for vice president. nbc's guad venegas is reporting

for us along the border in eagle pass, texas. so guad, what is the situation on the ground right now? >> reporter: well, chris, as the debate continues with the politics, when it comes to immigration at the border in mexico and in the u.s., there is a humanitarian crisis taking place. and we have been witnessing that all day. so we know that in this area, you can see this field behind me in eagle pass. we have had crowds of thousands this week. we know that there was a record number this monday, border patrol apprehended 12,000 migrants in a single day. well, part of that are the migrants you're seeing right here. a lot of them arriving on monday. more on tuesday. overnight, we saw more groups coming in. many of them sleeping in the area. you can see some of those aluminum blankets that they use to stay warm. these are handed out by cvp officers. down at the far end. i don't know if you can see it clear, we're seeing some of the

officers going into the crowd. we have seeing them take some of the migrants out on stretchers, we assume, because of a health issue. we have seen three in the last two hours carried out to a medical tent that they have installed. this is a situation, in fact. i believe somebody there is passed out. i'm going to move the camera because there's agents on this end running out with a stretcher. that's the fourth time we've seen them run out with vetchers -- stretchers to pick up some of the people that have been sleeping here, traveling. this is part of the humanitarian crisis. when we got close to the migrants earlier, we could hear many of them screaming at us saying they were hungry. border protection is doing what they can to process them. they take them on buses and then they go to processing centers, but they are overwhelmed. a lot of the officers that are working here are officers that would be normally working at the port of entry or they would be working at the railroad crossing, which we know has been shut down to help with resources and processing. that's here in eagle pass.

we also have an overwhelming number of migrants in places like arizona. we have large numbers arriving in california. that's the situation happening now at the border. i'm turning around to see, i want to show you, it looks like these are the agents that are carrying someone out. it looks like they're walking the person out. this is the scene that we are witnessing. again, it's a humanitarian crisis, chris. at the same time, you've got tens of thousands of migrants reportedly traveling through mexico. with mexican immigration agents essentially doing very little to stop them. i spoke with a contact earlier this week, who said many of the migrants in mexico are messaging each other, telling each other, now is the time to come to the u.s./mexico border because of the lack of enforcement in mexico. then of course at the same time, we have what's happening in the u.s., right? we have migrants arriving, requesting asylum. the state of texas, the governor signing this new law, which will

authorize both local and state authorities to detain individuals in the state of texas if they are undocumented immigrants. right after the law was signed, the aclu took action against it, saying it was unconstitutional. the opponents say police officers or state troopers will then use that law to racially profile individuals and perhaps immigrant neighborhoods or you can think of like a hispanic neighborhood, and that's why they are against that law. they argue it's the federalist government's job to enforce immigration laws. of course this is the situation at the border where federal officers are overwhelmed. here in eagle pass and other parts of the u.s./mexico border, chris. >> guad venegas there on the scene. thank you so much for that. i want to bring in democratic congresswoman, veronica escobar of texas. her district is at the border, also in el paso, and national cochair of president biden's reelection campaign. it just happened as we went to

guad there was someone who collapsed. federal officers are overwhelmed. they point to the biden administration and say they have lost control of the border. what do you say to them? >> chris, the people to blame for the lack of action and resolution on what is probably our greatest domestic challenge right now, immigration, migration, the people to blame are members of congress. you know, many times the members of congress, republicans who are screaming the loudest about president biden are the ones who have done the least legislatively to really bring a resolution to this issue. and, in fact, i would argue that because the cartels essentially now control the human trafficking networks throughout mexico and beyond, it's

congressional inaction that has essentially empowered much of that human trafficking activity. so by focusing on migration as a border only issue, which is what congress has done for the last couple of decades, it's basically outsourced migration to bad actors south of the border. and what's happening in eagle pass is very similar to what has happened over and over in el paso. whenever there is an announcement of some sort, maybe it was the announcement that title 42 was going to be lifted or the announcement of the signing of texas sb 4 or maybe it's all the chatter about the negotiations in the senate. cartels use that information, chris, in order to encourage the larger flows, and they will move people, vulnerable people who are hungry, who are, you know,

really in many cases as guad reported, in need of some kind of medical attention. they'll move them to very far flung, dangerous, remote areas, but this is on congress. congress needs to act in a thoughtful way that doesn't just address border policy, but addresses the whole broken immigration system. >> this is a refrain that you've been probably talking about for decades. i've been hearing for decades. it includes the beginning of the biden administration when democrats controlled both houses of congress. so what is going to get done? >> do you have any hope at all that something is going to change? this has gone from administration to administration to administration, and congress, democratic controlled, republican controlled, democratic presidents, republican presidents have not acted in any major way. >> chris, what is going to need to happen is bipartisan

compromise. you're right. >> what are the chances of that happening, realistically? >> well, we've got to make it happen. i worked for months, multiple months with a colleague of mine, a republican from miami, maria salazar. we introduced in spring, the first bipartisan comprehensive immigration reform bill introduced in the house in a decade. since then, we have been working as hard as we can with one-on-one meetings, talking to leadership. growing the list of support. we have several republicans on our bill, on the dignity act. i think we have close to two dozen members, bipartisan mix of members who want to address this issue holistically in a real way, not in the way that the senate is doing, you know, trying to project that somehow there's a quick fix to this solution or to this issue.

we've got to fix the entire system, and so we are going to continue to push on the solutions that we know will actually work. and that will create a humane system and that won't be repeating the same failed policies of the past. so the federal government for decades, you're right, chris, administration after administration has focused on these issues at the border only. president biden tasked congress day one, giving us a bill, and it really is on members of congress. but it's not going to happen with republicans only. it's not going to happen with democrats only. we have to compromise and come together, and the dignity act accomplish that is. >> as we watch medical folks take away yet someone else on a stretcher. congresswoman veronica escobar, we hope folks are listening and there can indeed be bipartisan progress. thank you, we appreciate you

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with us. danny, what's he saying in this filing? >> it's really what is not being said openly, and what's not being said, and what really radiates between the lines of this petition is that, hey, supreme court, don't take this because this case needs to be resolved slowly through the d.c. court of appeals on the normal path. and the real reason for that, you see the petition there. the real reason for that is the defense knows that the delay in this case, more than any other case in the history of criminal prosecutions, delay works to the defendant's favor, and in fact, arguably if delay lasts beyond the election and inauguration, the federal cases, both of them shall disappear, either he'll appoint an attorney general to dismiss them or pardon himself. of course the petitioner can't say that in the petition. so instead, the argument is whoa, whoa, whoa. stop the clock. slow down. this is such an important constitutional issue. it needs to be decided at a

regular, average, normal pace. instead of this expedited pace. and they don't say that's the reason why. everybody knows that's the reason why. >> let's talk, if we can, vaughn about what expediting this would mean to jack smith. >> right. jack smith said that it is in the public interest of the american public to move this case along. march 4th is that target start date for that trial. we're expecting the trial to last about three months. july is the republican national convention when the republican party will choose its nominee. jack smith is making the case to move this case along. we just got this filing minutes ago before we went back to air. i made it to page 19, the trump team says importance does not automatically necessitate speed. novel complex, sensitive and historic issues such as the existence of presidential immunity from criminal prosecution for official acts call for more careful deliberation, not less, hitting

directly on danny's point. this, for the trump team is a motion and effort to try to at least extend this beyond march here because this is all happening march 5th, we were just earlier today talking about march 5th, the day of the colorado primary, the conversation with the supreme court removing him from the ballot all together. that is super tuesday. again, the politics meets the legal time line here, and now we could hear in a matter of days whether the supreme court is going to take this up. the u.s. court of appeals has oral arguments for january 9th. >> accepting, danny, that this is about timing, does that negate the argument that because of the nature of this, the unprecedented unprecedented nature, careful deliberation would include going through the normal process? >> it is actually not a terrible legal argument. but it isthinly veiled. the ultimate purpose for the

defense is delay. delay is good for them. but they are making a legal argument that this should proceed through the normal appeal i can't tell process and they argue that the argument jack smith made has not made it so is that it could skip the court of appeals. but they know that delay -- that really is a win, which normally delay wins to the benefit of criminal defendants. in this case delay is a victory, so they just can't say that in the papers. they can't say hey, supreme court, let the case run its normal course because if our guy gets elected, he will just pardon himself or dismiss the charges. they can't say that. so instead they are making the argument this has a legal basis to show everything down. whether or not that legal basis is motivated by something totally different, well, that is

probably okay as long as they have a good rule 11 basis to making motion, or the petition rather, but it is interesting to see the argument for slowing gears of justice down. most folks would want to be resolved sooner rather than later. >> danny, vaughn, thank you for being here. it was the state that helped democrats win control of the white house and the senate. and today another judge, not a supreme court justice, is deciding whether georgia's new republican drawn district maps can be used in 2024. joining me now is our political reporter from the atlanta journal constitution and msnbc contributor. you were in the hearing. so tell us what is at issue, greg? >> even in a divisive state like georgia, a federal judge ordered lawmakers to draw an additional

black district. and the judge ruled that the current maps illegally dilute the voting power of black georgians. while republicans did that, but they did it by carving up the minority district now held by a black female lawmaker called mcbath. second time that her district has been carved up and democrats are saying that basically republicans were playing a shell game in georgia. and even further diluting the voting power of black georgians. >> and also an effort to investigate the georgia secretary of state raffensperger. what happened there? >> yeah, it failed narrowly. a 2-2 deadlock vote. one republican who usually votes against these sort of efforts, he is more of a mainstream republican, he sided with the skeptics by voting to call for

an investigation of brad raffensperger who was on the other side of that call with donald trump saying that he would not reverse donald trump's election defeat. there are concerns here in georgia that that could be a prelude of efforts to discredit the 2024 election next year. >> always great to have you on the program. thank you. coming up, new backlash against rite aid. why the ftc is slamming the chain for its attempts to stop shop lifters. next. s attempts to stop shop lifters next nexium 24hr prevents heartburn acid

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basically alleging that between 2012 and 2020, if you walked in to a rite aid store in any number of urban areas, baltimore, philadelphia, san francisco, then you were probably a part of a facial recognition system that captured your face and put it into a database. the database over the years the ftc says grew into an ad hoc collection of photos from people's phones and news clippings and wound up being a system that would grab the wrong person, especially people from the black and brown community, black and brown shoppers would go in there and be dragged out of line, embarrassed in front of families and even colleagues. the ftc says this is part of a broader trend we're seeing in technology in which according to one commissioner's statement, new technologies are amplifying old harms. rite aid disagrees with some of the findings but has agreed to the settlement and has a five

year ban of using this technology and will have to submit to an ongoing monitoring of it. i've been speaking to people close to the industry who say that the original concept was to try to create a very smooth way of spotting shoplifters, approaching them politely and basically embarrassing them into leaving. but over time the retailers have been instead getting into this very ad hoc system that wound up being very awkward for people and over time it is seeming that big retailers are backing away from using this kind of technology because they simply don't want to be perceived as targeting people inappropriately and would rather that the shoplifting hit. and people close to the ftc says this is not just about facial recognition, this will extend across technology, that basically the ftc will no longer tolerate live experimentation on all of us and will instead insist on a higher standard of proven technologies before they get deployed. >> and only 30 seconds left.

you talk about a broader trend. when other companies who use this see what has happened with rite aid, is the expectation that it will serve as maybe speeding things up to take a second look? >> definitely will bring i think a chilling effect across the sector and not just in facial recognition, but anyone who is trying to profile any of us ahead of time using biometrics, using ae. the fact that the ftc has stepped up and done this i think definitely draws a line in the sand. >> jake ward, thank you for that. that does it for us. make sure that you join us every day at 1:00 p.m. katy tur reports is right now with alex witt. >> very good to be with you. it looks like colorado's landmark decision to kick donald trump off the state's primary