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noon pacific, good to be with you. i'm jose diaz-balart in for katy tur. today, the department of justice released a long awaited report on the police response to the mass shooting at robb elementary in uvalde, texas. it was almost two years ago in may of 2022 when a mass murderer took the lives of 19 children and two teachers, and despite officers arriving on the scene just three minutes after the shooter gained entry to the school, it took 77 minutes for law enforcement to confront the lone gunman. the report is scathing. calling the response to the shooting a failure. noting that despite evidence that wounded children were in the classroom, the officers did not engage with the shooter. they didn't treat the perpetrator as an active threat, and those decisions among others may have cost lives. families were briefed before the

report was made public. i spoke to kimberly whose daughter lexi died that day and asked her what she wants to see come from this report. >> account is each of these agencies looking at this review, realizing there were failures, and taking the appropriate actions to terminate them. i think the more and more reports that come out make it clear that the answers i most want i'll never receive. i want to know what happened in her final moments. i want to know if it was fast, or if she waited and was scared. those aren't answers i'll ever receive. >> mother of 10-year-old lexi. joining us from uvalde, is nbc news correspondent morgan chesky, and investigative

reporter from the austin statesman. tony, walk us through this report. it is substantial, it has a lot of specificity. what are do you see at main points of the report? >> in many ways it tracks a previous report released by state investigators, state house investigators. one thing that is so striking about this report is that it continues to widen the lens on all of the failures of that day. and while there has been a lot of discussion and reporting on the law enforcement failure in those 77 minutes, one of the things that really stand out to me that this report does is it goes beyond that and talks about the aftermath of the shooting. and how because there was no coordination and no incident commander who assumed that role

or accurately or adequately had take that roll, there's no effort to organize a triage of the victims inside the two classrooms, classrooms 111 and 112. we read stories about and have heard stories about how a teacher was left on the sidewalk and perhaps could have been saved had she gotten medical care faster. >> and tony, i mean, just to think, this is not, you know, this isn't something that happened in two or four or six minutes. this was an hour and 17 minutes, and, tony, just the thought that there was -- in the report there's a mention of how officials at one moment screamed into one of those two rooms. if there's anybody that's in there say help, a kid, a child said yes. and then shots rang out after the gunman entered. there were two together, 111 and 112. the gunman went from one room to

the other when he heard the child say yes. shot him or her, and then four other shots were heard, and tony, this is in an hour and 17 minutes. >> right. and yet it still took another substantial period of time. another half hour or so before officials finally bached that classroom, and one of the things that the report also describes and we heard attorney general garland speak to this in his press conference as well, and that is the 911 calls with one caller, one child staying on the phone for 16 minutes with a 911 erat. so it was clear and should have been abundantly clear to everyone on that scene that there were injured children inside that classroom who deserved and required immediate >>nd thank you to my producers for putting this graphic up.

i want to put it back up bau i want you to see the faces of these extraordinary angels, you know, eac one an angel, and then the twochers that lost their life a during that massacre. some of these dren some of these faces that you see right there very well may have made ye they stayed there had and d they were there for an hour and 17 minutes. morgan what's the reaction in the community in uvalde to the details in this report? i know that you've been there throughout this period, and just how do you see what people are react to go when it's just been this injury that has been going on on a daily basis for these families? >> yeah, jose, not even a daily basis, an hourly basis for when this tragedy took place, any

update at all that has come out for the community of uvalde has been a heartbreaking tragic one. there has never been a silver lining at any point here, and to just add on to what tony mentioned, outside of the 77 minute window this report also touches on the fact that there were children evacuated from robb elementary, jose, loaded on to school buses that were not properly given first aid or given medical screenings that had bullet wounds. bullet grazes and were bleeding, and yet in all of this commotion and chaos, they were put on this bus and taken away. so i can tell you right now that the feeling here in uvalde is one of here we are again, another update and reaffirmation that not only was one or two mistakes made, but a litany of mistakes took place, not just on that day alone here, jose, but also in the days prior and the days after, as this kind of

looks into this whole process here, and how it's impacted this community. i do know that there are growing calls for accountability here from people connected to the victims in this case and others, but there's a real sense of frustration that that may never take place, when they look at the fact that the local county prosecutor has yet to bring charges against any of the officers as seen in some of these body cam videos, none of which were named except for the senior members in this report. and i think that that gives some people a sense of helplessness to some degree as they try to sort out this painful path forward in uvalde, jose. >> morgan and tony, thank you so much for being with us this afternoon. joining us retired seattle police chief and nbc law enforcement analyst, carmen best. thank you for your time. we have spoken about this over this period of time in so many ways and in so many different

concepts, but i just, when you see this report, there are -- most of the things that the report mentions we have heard about, but when you see it all in one place, what do you learn from this report? what stood out to you from this report? >> yeah, jose, first let me start by saying i know you covered this uvalde mass shooting from the beginning with great cover, and i feel the same way now as i felt, you know, when it first occurred. i'm flabbergasted as a former law enforcement official and embarrassed. i mean, there was so many errors that stood out. i haven't read the ent report, but i read quite a bit of it, and it's still catastrophic, and you know, the things that stand out to me most was the leader, the chief who responded, you know, who didn't have his radio with him could have grabbed somebody or had somebody with him on the radio

for communication. didn't communicate direction. didn't take the lead. i believe that many of those officers would have gone in and done what they were trained to do if the person on scene, the leader on scene had taken better charge of the situation. inexcusable, it's not just a failure. it's a catastrophic failure what happened there, and sadly, likely more victims that would have been saved, but for their lack of action. >> you know, carmen, when the report mentions the within three minutes, the response time was as quick as you can imagine. three minutes after the gunman entered the school, there were 11 officers in there, and the report mentions the fact that those 11 officers had hand guns, two rifles, body armor, and radios, that the lead officer decided to leave his radio behind doesn't mean there weren't other radios in there,

and then, carmen, over that hour and 16 minutes, there were hundreds of officers. local, state, school, how does something like this -- how is it possible? >> it does seem almost unfathomable, but it sounds like, the confluence of all of these catastrophic t is that no one took charge. eryo's waiting but the training, even though they mentioned that the training, the previous training had mentioned instances where hostages can be taken. but the training at its very basic level is an active shooter, you go in, you isolate and eliminate the threat, it's as simple as that. and you know, these officers, as you noted, had the equipment, the training, they could hear the shots being fired. it really is inexplicable why no

one took charge and went in and did what they needed to do. it's a very sad situation. >> carmen best, thank you so much. appreciate it. >> the question is the report is out, is there anything that should be happening now. i'll ask state representative gutierrez who represents that district next. and e. jean carroll, what happened in court as she returned to the witness stand this time without trump in the room. where things stand in washington, two days left to avert a partial government shutdown. we're back in 60 seconds. in 60s but with prilosec otc just one pill a day blocks heartburn for a full 24 hours. for one and done heartburn relief, prilosec otc. one pill a day, 24 hours, zero heartburn.

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report. >> again, that was kimberly, mother of lexi, who was 10 years old when she was killed by that gunman inside her elementary school. and while kimberly's question was missing if the doj's report, attorney general merrick garland did address the ongoing threat to children that these weapons pose. >> our children deserve better than to grow up in a country where an 18-year-old has easy access to a weapon that belongs on the battlefield, not in a classroom. >> joining us now is texas state senator rowland gutierrez, representing the 19th district, currently a candidate for the u.s. senate, and i should add that the senator was on the scene at robb elementary, you know, very shortly after this massacre and he and i had the opportunity to speak at length

the day after the massacre and the days that have gone on. we continue to speak about this because i know, senator, that, you know, politics is so important, and positioning is so important, but you have from the first minute put that aside, and dealt with the very real, raw reality of what it's like for parents to find out that their children that were 10 and 11 were never going to come home from school and that they were massacred inside their school room. you know, at the end. coming up at the end of that school year, and i know that you were with some families when this report was being shared with them. i'm just wondering, senator, how do they go day by day through

their life when something so precious, so pure, so beautiful, so important was ripped away? >> you know, jose, thank you for continuing to talk about this because it's a story that needs to be told forever. these things, these incidents, they don't happen in a vacuum. they happen when police fail, and police are fearful, and they're fearful of these guns. for these families, they'll never get over this. these are their children. the only thing that they can look forward to is just some duller sense of pain. these families have become my friends and in some part, my extended family. i go on trips with them. they are friends of mine. i employ one of their daughters now. they're good people. they're good hispanic, hard working people that never ever expected anything like this to happen in their hometown.

never mind losing their own children. what happened on this day was a tremendous tragedy, and the worst law enforcement response to a school shooting in our nation's history. we must always talk about this so that we can avoid this happening again, but policy makers need to make decisions so that this never happens again. and the republicans that lead this state and have led this state for 30 years allowed this to happen on their -- >> senator, i don't know if you're still -- we just took a hit there. you were talking about what needs to happen, and the failure and where na failure really originated. go ahead, if you would, sir. >> yeah, this failure, jose, stems from our government. it stems from policy makers in texas that do nothing to fix

what happened on that day. we've seen two mass shootings since uvalde, and here we are again with republican legislatures in this state refusing to truly direct the root cause and the root cause is access to this type of weapon in the hands of an 18-year-old. >> and i'm just wondering, senator, you know, and i've gone back as you pointed out, not as much adds i would like to. i need to go back to uvalde, and when you go to downtown uvalde, and you see the murals of those little angels, many have angel wings painted on them as well as some of the things they liked and loved as well as the teachers who lost their lives. these things are just so permanently scarring for so many, and yet, as you point out, nothing's changed and so many

things. is there something senator that, i don't know, people that look at these murals and see people that they never knew, these are lives extinguished, dreams, hopes and aspirations. kids that were probably going to change the world in so many ways. is there something, senator, it's like talk is so cheap. is there anything that we could do? >> i mean, that's really it, jose. i wouldn't even be running for this next position if it hadn't have been for this horrible tragedy. i don't want to be sitting here talking about these dead children. i would rather have them back and live in relative obscurity, but we have to prevent this from happening to another child, another beautiful angel like this. we are lost in this country on this issue.

i'm a gun owner, and i understand it. but we have to do something to stop this madness and this carnage that is happening. i call it matanza, it's the slaughter house of our children in this state because republicans have allowed this to happen in this state over and over again. >>. [ speaking in global language ] a killing that destroyed so many dreams and so many hopes. and those destroyed dreams don't come back. and what does come back is the pain of such beautiful lives that have been lost. state senator, roland gutierrez, i always appreciate your time. i thank you for it today. >> great. thank you, jose. i appreciate you. coming up on the brink of a

shutdown, the senate just did its part to keep the government open. what's going on in the house? but first, more drama in new york city in the courtroom there where damages are being decided in the e. jean carroll defamation case. ase. one of the millions suffering from pain caused by migraine, nurtec odt may help. it's the only medication that can treat a migraine when it strikes and prevent migraine attacks. treat and prevent, all in one. don't take if allergic to nurtec. allergic reactions can occur, even days after using. most common side effects were nausea, indigestion, and stomach pain. relief is possible. talk to a doctor about nurtec odt. students... students of any age, from anywhere. using our technology to power different ways of learning. so when minds grow, opportunities follow. ♪

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25 past the hour. right now in a manhattan courtroom, donald trump's multimillion dollar defamation trial is in session, and for the

first time, he is not there. after a day of dramatic courtroom clashes that almost got trump booted from yesterday's proceedings, the former president spent his morning in florida, attending his mother-in-law's funeral. in new york, writer e. jean carroll was on the stand for a second day. she testified that trump's comments about her 1996 sexual assault ruined her reputation, opening her up to death threats and hundreds of daily online attacks. an expert witness says could cost trump $20 million to repair. vaughn hillyard, what did we learn from carroll's testimony today? >> look, with donald trump not in the room today, there was definitely a different tenor. but donald trump in a way was because inside of that courtroom, they actually played part of his own video and statements yesterday from new york city after appearing inside

of the courtroom, in which he called this case against him from e. jean carroll a hoax. again, doubling down on the fact that, yes, in this particular case, it is a statement from 2019 in which he has been found liable for and the jury is going to determine to what extent does he pay damages to e. jean carroll, upwards of potentially $10 mill a moment in cross-examination where habba attempted to say the statements were made irrespective of donald trump's own denials, stemming from her claims. but as part of this here, there was also a damages expert called by the plaintiff in which she outlined that upwards of 104 million people had seen donald trump's initial statement back in 2019 and outlined that she, well, potentially her notarity

increased, e jean carol testified that a great amount of the attention she received was not good attention, and the financial damages she has incured from an inability to have her advice column and other means of potential profit have been decimated largely because of her claims against donald trump and the continued years of defamation in which he has denied ever sexually abusing her. and so now we expect here potentially the trial to continue into next week. the court will not be convening tomorrow, and donald trump low temperature the opportunity to take the stand and testify himself if he so chooses to. his team has not indicated whether he intends to testify at this time, jose. >> vaughn hillyard, thank you very much. and joining us now, criminal defense attorney and msnbc legal analyst, danny cevallos. it's great seeing you. throughout the trial, trump has continued to attack carroll, and we were just hearing that that attack was actually seen by the

jury today, the judge, and also has been attacked. how does a jury usually react to this kind of behavior, and just how unusual is it that today we heard that he was essentially back there on the stand because they showed a video of him blasting the judge and everybody else yesterday. >> juries watch everything during a trial. they don't just watch the lawyers and the judge, they watch the clients. they wonder about who's sitting in the gallery. they have all kinds of questions, and they're sitting there all day, so they scrutinize anything and everything. and a general rule of thumb is a misbehaving lawyer or the lawyer's client in this case, donald trump, at the defense table, is not a good thing for impressing the jury. the jury doesn't necessarily like that, they may hold it against the client, which is why we advise clients, lawyers advise our clients, if it's a criminal case, just sit there

and look not guilty. whatever that means, i'm not entirely sure but the point is that you will be watched whether you're writing notes, whether you're just sitting there staring off into space, it matters in court. you are in essence testifying when you're not even testifying, when you're just sitting there at the table. donald trump, it's a gambit. he seems to think he can influence the jury by his antics sitting at the table. more likely than not, most injuries and parties that engage in that favor, the jury will probably hold it against him, especially in a case where part of the damages are punitive damages based on a party's bad behavior. >> you talk about misbehaving lawyers or misbehaving clients. outburst yesterday, the judge threatened to ban trump from the courtroom. if he followed through, what would that have meant, and just how, i mean, what tactic is, you

think, trump and his lawyers following with that exchange of, like, i could, you know, get you out of here, and trump saying that would be great. >> yeah, there's some interesting case law on this issue. there's a big distinction if we're talking about a civil case versus a criminal case. criminal defendants have a constitutional right to be president. all stages of the case, and a judge risks being overturned on appeal, if there's a conviction and the defendant has say, been removed from the courtroom. and one famous or infamous case in 1969, a judge had a vocal defendant bound and battleground -- gagged at the defense table. in civil cases, there's no same constitutional right to be present, and the judge, if need be, can exclude a party. >> danny cevallos, thank you very much, it's good to see you my friend, appreciate it. with the focus shifting to

new hampshire, donald trump and nikki haley are stepping up their attacks on each other in this race for 2024. but for haley, is it too little, too late. >> and here's a question, what happens when a potential government shutdown meets a snowstorm in d.c.? we'll look at that next. (ella) fashion moves fast. (jen) so we partner with verizon to take our operations to the next level. (marquis) with a custom private 5g network. (ella) we get more control of production, efficiencies, and greater agility.

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approaching washington, d.c. has pushed the congressional vote to avoid a partial government shutdown from friday to today. the stopgap funding bill just passed in the senate. how it's the house's turn, and if it passes like it's expected to, it will avert a shutdown in less than two days from now. it could also put speaker mike johnson in hot water with fringes of his party as he faces a shrinking republican majority and increased pressure to tighten immigration policy in exchange for foreign aid. joining us now, nbc news capitol hill correspondent ryan nobles. it's great seeing you. i just looked at the on the phone that i have, and it says d.c. tomorrow, 36 of 33 degrees. 1.3 inches of snow. is that the threat that they're worried about that's changing everything? but maybe there's a threat that could help and get something done today versus tomorrow? >> well, jose as a native western new yorker south of buffalo, you don't want me to

talk about the difference between how the washington, d.c. area handles snow and my friends in buffalo handle it but even a little bit of snow can throw a wrench into the works in washington, d.c. it was enough of a nudge to get congressional leaders moving in the direction of doing something that was inevitable, and that was passing the shorter spending dl to avert government shutdown. there's no appetite to go down the road of a utdown, even though there are some real disagreements over how the long-term spending bill should end up. that's why we saw them move this process forward. there was an opportunity to slow the process down. they chose not to do that. they voted on amendments, none of which passed. they have moved the bill out of their chamber. it will come over here to this side of the capitol and be voted on by the house in the next few minutes. we expect the vote to open in any minute. it will record a 2/3 majority on the house side. it's going to be voted on under

suspension, a technical term meaning they didn't go through the rules committee so the process could be sped up. you're right that this is going to put pressure on the house speaker, mike johnson, doing this despite the concerns of the conservative flank of his party, but doing it because he wants more pull in negotiating the long-term spending bills coming due in march. >> ryan nobles, i have a strong feeling we'll be seeing you shortly. i appreciate it. joining us now is former press secretary to former house speaker john boehner, brendan buck. it's great seeing you. what's your forecast to exploit the whole weather thing going on, what's your forecast of what's going to be happening in the house. >> this is not the first time the weather has bailed us out or used as a pretext to create urgency on something so people can get out of town. we're going to avoid a shutdown,

the real drama is surrounding mike johnson, the new speaker who finds himself dealing with a lot of rational people. people who kicked out the previous speaker and thought they were going to get something dramatically different. with mike johnson, the reality is the math hasn't changed. the house has a tiny majority, a smaller majority than it did under kevin mccarthy. the dlaths still control the senate, the white house, it's all the things conservatives are demanding are not going to happen. the problem for mike johnson is he seems to have bought into the notion that previous speakers had been leaving wins on the table because they simply weren't fighting hard enough. i think mike johnson is deciding quickly it's not the case. it's just the reality of biden government. he keeps flirting with hard line conservatives and giving them false home that he can do more. all that's done is get them all

fired up. >> if they're disappointed and fired up. the other thing is what could that disappointment and fired up translate into for johnson? >> obviously they're already talking about using the motion to vacate again, the process that removed kevin mccarthy from being speaker. it's unlikely at this point that that's going to happen. it's remarkable that we're three months into his speakership and that is already back on the table. we can't rule it out. given there's only a two seat margin in the house, it only takes two republicans willing to do that, if democrats vote the way they did before. i don't think he's in immediate trouble. the bigger trouble i worry about him for him, starts to lose confidence as speaker. they're not willing to go to bat for him or fight for him. he hasn't built relationships, in the way a traditional leader has spent years doing. the members of the conference want to make sure this is a

person who's got his plans figured out, he's going to follow them through. going to push aside some o. crazy hard line ideas, and give them some confidence that he's got an actual plan. he's got to grow into the job. he's facing threats from the hard right, and the middle, wondering whether he's got his act together. >> the whole issue of the insistence among house republicans is that the issue of the border funding, you know, what some are calling an immigration bill, though it's not an immigration bill. it would be dealing with the border, asylum, et cetera, it seems like that's going to be a major sticking point for getting anything substantial done going forward. >> he knows how unpopular that senate bill is going to be in the house. frankly, anything a majority of democrats are going to vote for will never be good enough for

hard line conservatives. funding the government is a half to do thing. funding for ukraine and israel is a should do, not must do. johnson will probably find himself in a position of being the odd man out, having the republicans and democrats in the senate. it's simply not doing it even though he could probably pass just to protect his own political hide within the conference knowing those conservatives would really come after him if he bright up an immigration bill he didn't like. >> i'm taking you back to boehner and ryan, both had the issue of immigration reform, possible even considering comprehensive immigration reform, but they just couldn't get to that. and so is there no possibility, you think, brendan of a gang of 13, 2,013, only in the senate, at least discussion and bipartisan talk about immigration reform in the house, something that boehner and ryan

just couldn't touch. >> we tried and in the blow back was enormous. rationally, this is the perfect time and the argument that mitch mcconnell is making. having democrats in the white house, a democrat in the white house, democrats in the senate willing to do something on immigration is the best time to get something done. you hold out for the notion the stars are aligned. it's not just to happen. you need cooperation in the senate from democrats. this is actually the moment to actually get something done. you have a lot of members who are going to look for purity, they're going to want to keep the issue alive, rather thansoever the problem. we have one house member from texas that didn't want to help joe biden do anything on the border. that's the attitude he has to overcome. we have seen this before in 2014, eric canter lost the primary over this issue, trying to work on imduration. i don't think people appreciate how toxic it is among base republicans. >> brandon buck, thank you very

much. good to see you, appreciate it. with five days to go in the new hampshire primaries, a new polling shows donald trump comfortably ahead, nikki haley is sharpening her attacks saying this is a two front battle against trump and biden. >> the two most disliked politicians in america, trump and biden. both are consumed by chaos, negativity, and grievances of the past. the better choice for a better america, nikki haley. >> joining us now from manchester, new hampshire, nbc news correspondent garrett haake. great seeing you. so haley is pushing she's an alternative to the president and former president. how effective will their strategy be there for her in new hampshire? >> well, we'll certainly get a better sense in the new hampshire primary than we did in iowa. the primary process here is an open one where independents, even democrats could presumably

jump in and vote on tuesday night. we have seen it in poll after poll after poll that a majority of americans don't want to see a 2020 rematch in 2024. but, you know, much like in president biden says in a different context. it's not you versus the almighty. that's the theory of the trump campaign. that's what we've seen born out in one caucus. the idea of haley presenting herself as an alternative to both, younger, less dramatic, chaos free as she talks about on the stump has resident nated with voters i have spoken to anecdotally. we'll get a sense of how it could work in new hampshire, just because of the nature of the primary is so open. >> garrett haake, i thank you very much. appreciate it. still ahead, access denied. what is happening at the border that could provoke, and it's

actually already starting to provoke a legal shutdown between the white house and the state of texas. [deep exhale] [trumpet music plays] 579 breaths to show 'em your stuff. every breath matters. don't let rsv take your breath away. protect yourself from rsv... ...with abrysvo, pfizer's rsv vaccine. abrysvo is a vaccine for the prevention of lower respiratory disease from rsv in people 60 years and older. rsv can be serious if you are 60 or older. having asthma, copd, diabetes, or heart disease puts you at even higher risk. abrysvo is not for everyone and may not protect all who receive the vaccine. don't get abrysvo if you've had a severe allergic reaction to its ingredients.

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strikes the u.s. has carried out since friday in an effort to diminish the houthis' military capables, to deter them from carrying out these attacks on commercial shipping in the red sea. and every sign so far is the houthis military capabilities are not diminished and the houthis are thot deterred. since those strikes, we have seen them attack several cargo ships with ballistic missiles, drones, damaging several of them. and the houthis are saying these attacks will continue until there is a cease-fire in gaza and they welcome this confrontation with the united states. now the president was asked about this at the white house earlier. i want you to take a listen to his answers. >> well, when you say working, are they stopping the houthis, no. are they going to continue, yes. >> reporter: so pretty stark answer there.

the president acknowledging these strikes are not working, but he says they are going to continue any way. and the question is if the houthis continue these attacks, will the biden administration feel it needs to escalate further or will it feel that there needs to be some kind of political path here. >> tell me about the whole pakistan/iran situation. that's heating up as well. >> reporter: this came out of left field. but you'll remember january 4th, this was this major bombing in iranhere 80 people were killed. they bombed a mill about it site in pakistan where they believe some of the militants involvd in that bombing may have been based. pakistanponded today striking militants inside iran. what's important here is this is not the military's of the two countries attacking each other and neither side want this is

tos escalate any further. >> thank you so much. appreciate it. up next, collision course. why the white house is taking on texas over access to the southern border. ing on texas over access to the southern border. if you're like me, one of the millions suffering from pain caused by migraine, nurtec odt may help. it's the only medication that can treat a migraine when it strikes and prevent migraine attacks. treat and prevent, all in one. don't take if allergic to nurtec. allergic reactions can occur, even days after using. most common side effects were nausea, indigestion, and stomach pain. relief is possible. talk to a doctor about nurtec odt. [ 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. >> woman: what's my safelite story? whi'm a photographer.r? and when i'm driving, i see inspiration right through my glass. so when my windshield cracked, it had to be fixed right. i scheduled with safelite autoglass.

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the southern border near eagle pass, texas, where a mother and two children drown on friday. the biden administration says it happened, among other things, because the feds have been block ed from accessing the border there. they are threatening to sue the state of texas. joining us now is julia ainsley. walk us through what is going on between the state of texas and the feds. >> we know earlier this week, the biden administration asked the state of texas to comply with a cease-and-desist order to allow border patrol access to the border. and this one part of eagle pass, texas, known as shelby park, that's really been the epicenter for a long time of hundreds of migrants. in fact, in some case thousands crossing in a single day there.

as you can see, they cross the dangerous rio grand river. last week the texas government decided to block border patrol from the area and told them to remove their surveillance equipment. as a result, border patrol says a mother and two of her young children died, drown in the rio grand river. what they said to texas is they don't cease and desist, they are going to the justice department. so a lawsuit could be pending. just last night the texas attorney general said they would not be complying. he cited a number of reasons in his letter to the administration and said that the texas allows prompt entry into shelby park by any border patrol personnel, but they say is the border patrol withdrew from shelby park in the last year because they think they are not doing their job. they said dhs and biden administration policies that are leading migrants to risk their lives. a lot of that needs to be put in proper context. obviously, border patrol has been incredible present in that

area. but they do perform rescue missions. it maybe going beyond what texas thinks border patrol should be doing as they bring migrants in, process them, and then give them court dates where texas has a bit more draconian view of how the migrants should be treated. >> thank you so much. that wraps up things for me today. thank you for the privilege of your time. i'll see you tomorrow at 11:00 a.m. deadline white house starts rite now. hey, everyone. it's 4:00 in new york. free from the antic and the temper tantrums by the ex-president, the a. jean carroll defamation trial daelt with an important question. how much should one of the world's moster