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plus, nikki haley shifting strategy as she fights to win her home state of south carolina. and she's now attacking trump head on. >> bring it, donald. show me what you got. [ cheers and applause ] also ahead, former trump adviser peter navarro set to be sentenced this hour for criminal contempt of congress, how much time could he face behind bars? and later, flash flooding turning roads to rivers all across the south, we are tracking where all this extreme weather is headed next.

♪♪ it is 10:00 eastern, great to be with you. i'm ana cabrera reporting from new york, any in a moment now the civil trial against donald trump for defamation of e. jean carroll is set to resume after a three-day delay, and these are live pictures outside the courthouse. the former president is of course fresh off his new hampshire primary victory arriving at the new york courthouse a short time ago. that's when he arrived these images just moments ago. he and his attorney say he will testify in his own defense as soon as today. msnbc's yasmin vossoughian is at the courthouse for us. nbc's vaughn hillyard is following all of trump's legal and political moves. also with us here in the studio, former federal prosecutor tem die owe williams. and joining us, former prosecutor and news legal analyst, kristin gibbens feden. besides trump's potential

testimony today, what else are we expecting to see. >> reporter: every time you and i meet i'm having to glance back and forth at my phone to make sure i'm getting the notes from inside the courtroom. what we know is the former president is now inside the courtroom along with e. jean carroll as well as is to be expected. robby myers has already been called to the stand, the former editor and chief of elle magazine. it was her former boss likely testifying to the fact that she had an incredibly popular column in elle magazine years ago. there was a brief delay it seemed in the trial today, but they have actually resumed trial as i speak. whether or not the former president is going to testify, so there are restrictions on the former president as to what he can and cannot say. he cannot say, for instance, that he did not sexually assault e. jean carroll. he's already been found liable for that. he cannot say he did not defame

e. jean carroll. he's already been found liable for that. whether or not he testifies is in question. either way, we will be hearing from the former president because e. jean carroll's attorneys plan to play the deposition he offered. he's going to be sitting there in that courtroom listening to himself, if he is not testifying, and they plan to play some evidence that shows that he defamed her in that deposition, that he defamed her as you mentioned overnight and onto campaign trail as well. he continues to do so even into today. we're talking about the defense here, whether or not he testifies in question as i just talked about. carol martin, the friend of e. jean carroll, likely to be called to the stand as well. so i think we're going to be watching today to see if the former president, in fact, testifies. if he does, timing-wise we're looking at later on in the day, there is a possibility, ana, that court is in session on friday. that is not confirmed yet. it is a possibility, though.

if so that could indicate we could get a decision from this jury on damages at end of day friday. again, e. jean carroll seeking $10 million in damages, and who knows how much more for punitive damages as well. >> okay, so vaughn, trump coming there fresh off his win in new hampshire. he's in full campaign mode. he's been raging on e. jean carroll, raging on the judge overnight, he can't do that in the courtroom in front of this jury, why does he want to testify. >> donald trump thinks he is his own best defense. not only when it comes to the defense of his business, his political and campaign defense, but also his legal defense. you'll recall that last year in the first defamation case against him from e. jean carroll, he did not attend those proceedings, and he did not testify, and ultimately it was ruled that he had sexually abused e. jean carroll, and he defamed her and owed millions of dollars in damages. this go-around, donald trump wanted to be there and he made it clear he would like to testify. what you saw overnight was,

again, a string of more than 40 social media posts undercutting the reputation of e. jean carroll and outright denying he sexually abused her. we saul this a couple of days ago, another string overnight of more than 30 posts in a similar sort of tirade, if you will, on his social media account. i was at a campaign event this weekend in new hampshire in which he told the crowd of hundreds that she had fabricated the story against him. inside of the courtroom here today, it's very clear, the judge has made it and stipulate that had, in fact, mr. trump is precluded from offering any testimony, evidence, or arguments suggesting or implying he did not sexually assault ms. carroll, that she fabricated her account or she had any motive to do so. donald trump has been threatened by the judge to be kicked out of the courtroom when he was muttering under his breath. so for donald trump that hasn't stopped him before. we haven't seen him go before a jury since 2013. >> what happens if he defies the rules? >> that's going to be a tough question for judge kaplan.

just to level set, the judge here is a highly respected, highly experienced really serious federal judge. he will not stand for president trump defying the rules. one thing he could do here, is he could have president trump testify on the stand outside the presence of the jury. he forces the former president to say what he's going to say, analyze it, and then determine does the jury get to hear that. what the judge is concerned about is that could be effectively jury tampering, that the former president will try to get in the jury's minds things they should not be considering. the jury should not be considering did he, in fact, sexually assault her. they have to keep their narrow focus. if judge kaplan allows that kind of prescreening and the former president were to pass it and then get on the stand and basically do a 180 and give a

trump campaign speech, at that point, he could be in contempt of court. judge kaplan has done that before. >> he has a history of really digging in on that. >> exactly. theoretically you could appoint a special prosecutor and have someone go and look and see whether the former president should be charged further on. so there's rules exposure potential, further legal troubles from the former president if he goes off script here, but judge kaplan is not going to be one who's going to happen lightly. >> kristen, how much leeway do you think trump may get on the stand then? >> you know, judge kaplan made himself very, very clear, and like you mentioned, he has a history of enforcing the rules of court. i think that he has to make sure that trump is really going to follow rules because overall, he also needs to maintain the integrity of the jury's deliberations, which is really what we're here about, we're here about damages, in order to narrow that very simple focus. we can't let trump really go on

about whether or not he sexually abused ms. carroll or whether or not he defamed her. he's got to keep that narrow focus on allowing him to just talk not about the campaign trail, not about anything unrelated to the case, but really sticking it straight to the damages perspective. >> so vaughn, this is a judge, as we've talked about, that trump has butted heads with before. i guess some people may look at what he's doing and make assumptions, but what do you know of this man? is he trying to butt heads with this judge? is he trying to sort of bait the judge into take k action against him? he doesn't have to be in court. he doesn't have to testify. >> donald trump has proven that he likes to try to break down the institutions of the american justice system, of the american electoral process, and he has no problem taking on anybody that is in his way. we have seen him attack not only the prosecutors that brought the indictments against him, but we

have seen him take on judge chutkan. we have seen him take on now in this particular instance here judge kaplan, and we have already seen last week judge kaplan make it clear that he was willing to kick him out of the courtroom, and donald trump almost egging him on here. the big concern for the judge this go-around, though, it's not just like in the new york civil fraud trial when you had judge engoron and donald trump going back and forth. >> right, because there wasn't a jury there. >> you have a jury this time around. the concern is if donald trump says anything how that plays out in front of a jury and whether it taints their view of e. jean carroll or donald trump or the process as a whole. >> what is that difference when you have a jury versus a judge making the decision? >> yeah, it's a massive difference. a judge has extensive experience. a judge understands that defendants say wild things. a judge understands how this process works. the problem with the jury and also the benefit of the jury is that they're really coming in fresh. they're coming in with fresh eyes. they don't know this process, and they are really there to follow the rules and the law that have been given and

understand the facts, you know, without fear or favor. i think that's the real tension here, and that's why i think our jury process works incredibly well, but it also is in a sense, it can be broken. it can be tampered with very easily, and that's where the judge plays the role of referee, and that's what the judge is concerned about here. and frankly, the only real reason why the former president would want to get in front of the jury, i think, one, is to either impact that jury in a way that's probably likely outside the scope of what's been considered or that he's playing to a different audience. i think that's also very likely here. from a legal strategy perspective, a lot of these issues have already gone. if the former president wanted to be heard from a jury, he had a trial, he could have come and testified in already and spoke to the real core issues as to whether he sexually assaulted. he chose not to do that, and i think it's late now to try to get in front of that jury. >> the jury is at least going to hear from trump in a deposition

is our understanding with carroll's lawyers expected to play part of that deposition from back in october of '22. and here's a small portion of that. >> when you said that ms. carroll was not your type, you meant that she was not your type physically, right? >> i saw her in a picture. i didn't know what she looked like, and i said it, and i say it with as much respect as i can, but she is not my type. >> kristin, what's the strategy in playing the deposition especially ahead of his potential testimony? >> well, i think the strategy is really important here because, again, because trump's testimony is going to be barred, the really only things he can talk about is the context of the statements, you know, the intentions perhaps behind them, and any relevant arguments regarding his interactions with ms. carroll is and his

understanding of the statements. given that testimony, it really juxtapose what is he is saying if he gets on the stand. the fact that he knew her. the fact that he actually related her and said that she looked like his wife shows that any potential statements by trump particularly given -- related to his intentions behind the statements could diminish any of his credibility with the jury, and so i think that one of the major strategies with putting on that deposition testimony is to really guard up against if, in fact, trump does take the stand, then the plaintiff's attorney will be able to in closing arguments say that he's incredible, you can accept that these statements were damaging, not only in the context in isolation but looking at his position and the context as a whole as well. >> thank you all, stay close. we're going to keep our eyes on that courthouse where donald trump could testify today, and

we'll bring you updates from the courtroom. quote, bring it donald. nikki haley appears to have a new strategy ahead of the south carolina primary attacking trump head on. plus, a horrific new snapshot of post-roe america, the revelations from a new study estimating nearly 65,000 pregnancies from rape in states with abortion bans. and later, the faa freezing future production of one boeing model after that mid-air scare. so why could existing planes be back in the air in just days? we're back in 60 seconds. t days we're back in 60 seconds a regu. some people say, "why should i take prevagen? i don't have a problem with my memory." memory loss is, is not something that occurs overnight. i started noticing subtle lapses in memory. i want people to know that prevagen has worked for me. it's helped my memory. it's helped my cognitive qualities. give it a try. i want it to help you just like it has helped me. prevagen. at stores everywhere without a prescription.

here's to getting better with age. here's to beating these two every thursday. help fuel today with boost high protein, complete nutrition you need... ...without the stuff you don't. so, here's to now. boost. my frequent heartburn had me taking antacid after antacid all day long 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. welcome back, nikki haley appears to be shifting strategies as she fights to win her home state of south carolina in the next month's primary. now, the former governor is going on offense against donald trump attacking the former president head on in a rally last night in north charleston.

>> get on a debate stage and let's go. [ cheers and applause ] bring it, donald, show me what you got. >> let's bring in nbc news senior national politics reporter jonathan allen, former republican congressman from florida, carlos curbelo, and former senior aide to the biden campaign, alencia johnson. >> are we seeing a different nikki haley? >> absolutely. we started to see this at the end of new hampshire, as soon as she got what she was asking for, a one-on-one match. there's a real clear reason for that, she needs to steal republican voters who are currently with donald trump in order to have any chance to compete against him in south carolina. we saw those coalitions of the two candidates in new hampshire.

she was far and away the favorite of independents, democratic leaning independents and trump winning about 3 to 1 among republicans. she's not going to be able to sustain a campaign if she can't take some of those folks away. you know what they respect, as we know from watching donald trump over the last seven or eight years, the toughest candidate in the room. if she sounds a little bit like a wrestler on wwe smackdown there, bring it, donald, and like waving at him to come at her, there's a good reason for that. >> and there's more where that came from. let's play another clip from last night. >> donald trump got out there and just threw a temper tantrum. [ laughter ] he pitched a fit. he was insulting. he was doing what he does, but i know that's what he does when he's insecure. i know that's what he does when he is threatened, and he should feel threatened without a doubt. >> alencia, is this shift to more direct attacks a winning

strategy for haley? how dirty do you need to play with trump? again, you helped biden and advised him in how to take on trump in 2020. >> yeah, look, i think the thing with haley is that she's defining when as she probably won't say it, but not necessarily defeating trump for the nomination, but weakening him and making the american people see how dangerous he is and chaotic and how this is not normal for a former president and someone who wants to be the future president, right? and so she is making that case and making it very clear and showing people that she's willing to stand up to donald trump. i think nikki haley is out here looking at 2028, looking at being the leader of the republican party when they finally get rid of donald trump. her team has to know that this isn't a winning strategy for this cycle, but it is helping get her attention, and she is getting under donald trump's skin by doing to him what he does to every other candidate

whether republican primary or democratic and it's actually serendipitous that it's a woman of color, whether she identifies as that, a woman of color that is getting under his skin. clearly he is spending all of his time attacking her now versus joe biden. >> so congressman, she is getting under his skin, but does he feel threatened? what do you think? >> well, ana, it's pretty clear that he does feel threatened. i mean, in politics when someone's irrelevant and you're not worried about them, you simply ignore them. that's usually the best way to defeat them. but donald trump doesn't like the fact that nikki haley's staying in this race, and it's probably because even though he's done well in these first two states, he is effectively an incumbent president in the republican party, but half the voters have chosen someone else in iowa and new hampshire. so donald trump knows there's a real risk here. look, he's in good shape. she's projected a lot of strength. it would be very hard for nikki haley to win this contest, but

donald trump knows that about half the voters who participated in republican primaries thus far have chosen someone else. so he does view her as a threat, and that's why he's been attacking her not just now but for weeks through ads in new hampshire. >> one of the most recent attack s is a threat to blacklist haley donors saying anybody that makes a contribution to her from this point forward will be permanently barred from the maga camp. will that work for him? we know he's used fear to get his way before. >> well, this just reinforces what a lot of people fear and don't like about donald trump. this is a typical authoritarian tactic, right? you're going to be excluded from my club. you're going to be a blacklist. we're going to come after you in some way. i think that may work with some people, people who have big business interests perhaps with the federal government, but i think the average american probably looks at that and says, you know what? that's ridiculous. what kind of a threat is that. what are we a third world country where you just blacklist

people because they don't support you? so i think that's something we can expect from but i don't think it's going to help him as this primary process continues. >> and alencia, haley responded to that post saying, donate here. let's go. what do you make of that? >> i think she's capitalizing on the fact that there is a very strong contingent of people who want to be done with donald trump, and to the point that carlos is making, right, to make this blanket dictator like statement is actually not the smartest thing to do when you are trying to not only be the republican nominee, but hopefully the republican president. that is what donald trump is trying to be. so you're going to ostracize a part of the party that, sure, they might be done with you, but if you become president, which, again, i hope he does not and i'm doing as much as i can to make sure he doesn't, how are you going to actually unify and bring them together? so it actually goes against his political unifying campaign framework that he's trying to

push out forward now and trying to get more people on board with him. but i think it will, in the long run, it will backfire on him. >> so jonathan, nbc talked to voters in mount pleasant, south carolina yesterday, and here's how they see things as they approach the primary. >> i do believe she has a lot of support, but trump has a lot of support here too. and i think it's just much more vocal and out there. >> i think there's some people who really don't want to vote for trump, but they don't know what else to do because they're not going to vote for biden. >> do you think those people would vote for nikki haley? >> i don't know. it doesn't seem to be going that way. >> nikki haley is the only hope for the republican party. i can't believe that they're coalesing around trump after all the things he's said. >> those are suburban voters, usually a key demographic in the general election, jonathan, what's your takeaway there?

>> my takeaway is similar to what it was a month or two ago when dasha burns and i traveled across south carolina with our producer to talk to folks. south carolina may be haley's home but it is trump country. nikki haley has a steep uphill climb in front of her to make it competitive. >> jonathan allen, former congressman carlos curbelo, and alencia johnson, to be continued. thank you so much. we're keeping our eyes on the courtroom in new york where donald trump could testify at any moment today in the second e. jean carroll defamation trial. we'll bring you important updates from the courtroom. also, following some breaking news in washington this morning, as former trump adviser peter navarro is sentenced for criminal contempt of congress. how much time he could spend behind bars. you're watching "ana cabrera reports." stay with us. atching "ana cabrea reports. stay with us even days after using. most common side effects were nausea, indigestion, and stomach pain. ask about nurtec odt. >> woman: what's my safelite story? nausea, indigestion, and stomach pain. i'm a photographer. and when i'm driving,

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here's why you should switch fo to duckduckgo on all your devie duckduckgo comes with a built-n engine like google, but it's pi and doesn't spy on your searchs and duckduckgo lets you browse like chrome, but it blocks cooi and creepy ads that follow youa from google and other companie. and there's no catch. it's fre. we make money from ads, but they don't follow you aroud join the millions of people taking back their privacy by downloading duckduckgo on all your devices today. is. we are following breaking news in washington where a former adviser to donald trump

is being sentenced this hour. former white house trade adviser peter navarro was found guilty last year of criminal contempt of congress after he refused to testify and provide documents to the house january 6th committee. now, the doj is seeking a six-month prison sentence and a $200,000 fine. navarro could become the first person in more than half a century to be incarcerated for defying a congressional subpoena. you'll recall former trump aide steve bannon was also convicted of contempt of congress, but he's free pending appeal. nbc news justice reporter ryan reilly joins us from outside the courthouse. he's also the author of seditious hunters. ryan, catch us up on what's been happening in the courtroom so far this morning. >> reporter: yeah, so the hearing really just got underway, and essentially the judge is questioning whether or not peter navarro should get credit for acceptance of responsibility. navarro's lawyers maintain he should, but the judge is pushing back on that. based on the plain language of

what peter navarro has said publicly, he doesn't appear to accept responsibility for what has happened here, even though his lawyers think he should in this case. his lawyers are also sort of making an interesting argument saying that because this contempt of congress statute was passed so long ago that the language in it isn't really operational in terms of the mandatory minimum attack. so what the prosecutors are saying and i think what the probation office is saying also is that this does carry a mandatory sentence of a month behind in prison, right? but the way it's worded is a common in the statute. that's the phrase that was used. that was before the bureau of prisons existed. there's no such thing as the d.c. common jail. instead why not give him home detention or some sort of sentence of probation, something different than the mandatory minimum attached to this statute. we'll see where this ends up. i think immediately after this

we're most likely going to see some sort of pause on this as the appeals court sort of deals with some of the underlying issues here. >> quickly if you will, let's take a look at some of the recent contempt proceedings associated with january 6th, the doj declined to charge these other trump administration officials like mark meadows, wilbur ross, steve bannon of course was charged. how is peter nava r navarro's case? >> his lawyers were talking with the committee and ultimately the testimony didn't pan out. he also had a more operational claim of some sort of privilege, right? because there is this executive privilege attached to certain aides. this is something that has been litigated over the years very strongly, the idea that presidents should be able to have confidentiality with their senior most aides. that wasn't the question in the bannon case because bannon had

been out of the white house for so long, and on january 6th was a podcaster. there's a differentiation between the chief of staff at the white house certainly who might have some claim of executive privilege versus navarro when there's not even really any evidence that donald trump did, in fact, try to assert the privilege for peter navarro. >> ryan reilly again in washington, keep us posted on these courtroom happenings. thank you. let's go back to the other breaking news at the other courthouse we've been following this morning. donald trump in a new york courtroom for the second e. jean carroll defamation case, and he could testify at any time today. our yasmin vossoughian is back with us outside that courthouse. yasmin, what's happening there? >> reporter: roberta myers is off the stand. she talked about essentially how e. jean carroll was a trusted journalist, a trusted writer with her e. jean carroll column in the magazine. she called her a truth teller and the lawyer asked her to expand on that.

e. jean carroll's attorney asked her to expand. she said she was accurate. she gave a lot of advice, so on and so forth. she said she gave her a raise at one point at her tenure at elle magazine. she was then questioned by alina habba as well. she asked her what e. jean carroll's salary was. there was an objection made. it was sustained. she asked her if she gave her opinion, objection, sustained as well. she asked her if she knew the circumstances as to why e. jean carroll left elle magazine in 2019. objection sustained as well. it went like that. it was pretty quick i got to say, about 15 minutes or so since the time you and i spoke last to now she's already on and off the stand. now we are in the portion that i talked about earlier of playing some video by e. jean carroll's attorneys. they played video of the former president outside this courthouse or inside this courthouse, i should say after the trial last week talking about and defaming, continuing to defame e. jean carroll. they at one point, i think the former president mentioned how he didn't know her, how it was a

hoax, and they played that for the court. the former president is seat ed two rows behind e. jean carroll. all this is going on while they are sitting feet away from one another. at this moment right now, they are playing part of the deposition. as i mentioned earlier, i talked about how either way we were going to be hearing from the president whether it was live or not. now we're getting the portion of the deposition that is being played. in this deposition, i believe the former president is talking about doral and the assets and the excess of money that he has at doral. at one point he says we have an excess of $400 million in cash, which is a lot for a developer. it has grown substantially other than legal fees, we have a lot of cash, great assets. they are owned by the chinese, and he goes on. and i believe this is likely them trying to establish the amount of assets the former president has. they're likely to play also parts of the deposition in which the former president once again defames e. jean carroll.

i want to mention one more thing before i throw it back to you, as i'm standing here on the street, just down the road is where the trump civil are fraud trial happened. we're waiting for a decision from judge engoron as well, which is likely going to drop in the next two weeks. we all know having covered former president trump how important money and his assets are to him, as evidenced by the deposition being played at this moment. in the next two weeks or so if the decision drops from engoron and we hear about the decision here, he could be paying out possibly, ana, $380 million. that is an incredible amount of money for the former president of the united states running for re-election for president of the united states. >> it is indeed a lot of money for anybody. most people don't have that much. yasmin vossoughian, thank you. and this is a shocking number, a new study estimates nearly 65,000 women became pregnant because of rape in states with abortion bans, with texas topping the list. i'll talk to one of the

researchers about those shocking findings. plus, a temporary freeze in production for one of boeing's planes after a scare in the air. so when could the planes hit the skies again, and could it be sooner than you think? but i didn't wait. they told their doctors. and found out they had... atrial fibrillation. a condition which makes it about five times more likely to have a stroke. if you have one or more of these symptoms irregular heartbeat, heart racing, chest pain, shortness of breath, fatigue or lightheadedness, contact your doctor. this is no time to wait. power e*trade's easy to-use tools make complex trading less complicated. custom scans help you find new trading opportunities, while an earnings tool helps you plan your trades and stay on top of the market. e*trade from morgan stanley. (bobby) my store and my design business? we're exploding. and stay on top of the market. but my old internet, was not letting me run the show. so, we switched to verizon business internet. they have business grade internet, nationwide.

(vo) make the switch. it's your business. it's your verizon. you may know adam schiff's work to protect the rule of law, or to build affordable housing, or write california's patients bill of rights. but i know adam through the big brother program. we've been brothers since i was seven. he stood by my side as i graduated from yale, and i stood by his side when he married eve, the love of his life. i'm a little biased, but take it from adam's little brother. he'll make us all proud as california senator.

i'm adam schiff and i approve this message. not just any whiteboard... ...katie porter's whiteboard is one way she's: [news anchor] ...often seen grilling top executives of banks, big pharma, even top administration officials. katie porter. never taken corporate pac money - never will. leading the fight to ban congressional stock trading. and the only democrat who opposed wasteful “earmarks” that fund politicians' pet projects. katie porter. focused on your challenges - from lowering housing costs to fighting climate change.

shake up the senate - with democrat katie porter. i'm katie porter and i approve this message. we have more breaking news to bring you. right now in a michigan courtroom, the first witness is on the stand in the trial against the mother of the teenager who killed four of his classmates at oxford high school in michigan more than two years ago. this is a first of its kind trial, jennifer crumbly facing involuntary manslaughter charges and if convicted could receive 15 years in prison. crumbley's lawyer says she plans to testify in her defense. the prosecutors argue she shares responsibility because she failed to notify the school they had purchased their 15-year-old a semiautomatic handgun, even

after staff found a violent drawing he made the morning of the shooting and at one point texting her son don't do it. her legal team plans to call her son, ethan crumbley as a witness in his defense as well. her husband will face the same charges at a separate trial in march. and now this, a shocking look at post-roe america. new research published in jama internal medicine estimates since roe was overturned, about 520,000 women and girls have been raped in the 14 states with abortion bans leaving nearly 65,000 of them pregnant. joining us now is one of the authors of that research, dr. kari white, executive and scientific director at the abortion rights group, resound research for reproductive health. thank you for joining us. nearly 65,000 pregnancies from rape, that number is staggering. were you surprised by what you learned and what your team found?

>> we did find that these numbers after we made our estimates were high, but i think it really underscores a really unfortunate fact in our country and that is that many women, girls, and gender expansive people who can become pregnancy experience rape and sexual violence. it is an unfortunately common experience in their lives. >> so you say after this came out, you think that this number is high. where do you think the number stands now? >> well, the estimates that we made were using information from the centers for disease control and prevention and other reliable sources of information that were collected before the supreme court dobbs decision. we don't have newer information, so we don't know at this point if the number has increased, but what we do know is that there are substantial obstacles in people's pathway for abortion care if they do decide that that

is how they would like end their pregnancy. >> looking at your data, the state that really stands out is texas. 45% of those rape-related pregnancies occurred there according to your estimate, so 26,000. so why the number so high specifically in texas? >> i think the number is as high as it is in texas far couple of reasons. one is texas has a very large population, and texas's total ban on abortion has been in effect for almost a year and a half, and so that really makes the numbers add up. with texas's abortion ban remaining in place, we'll only see those numbers increase over time. >> what are the longer term risks for the mother and child in these situations and what is the impact on survivors of rain? >> well, we know from other work that a lot of survivors of rain are also have endured intimate

partner and family violence and that can make it very difficult for them to even find a pathway to getting to another state to obtain an abortion, and some people may not choose that for themselves, and those who either choose to continue the pregnancy or who are forced to do so, you know, really find their dignity further undermined and on a slower path to healing and recovery because they cannot get support they need in their home state. >> dr. kari white, thank you for taking some time with us to share your findings and reveal what the real life impact is of these court rulings. thank you very much. >> thank you. turning now to more turmoil for boeing. the f a a is temporarily capping production of boeing 737 max planes over what it calls unacceptable quality issues. but it is ungrounding 737 max 9s

once inspections are complete. that could come as soon as tomorrow for alaska airlines. the developments follow that terrifying flight earlier this month when a door plug blew off an alaska airlines jet midair. let's bring in nbc news senior correspondent tom costello who also covers aviation for us. what are we learn? ing? >> this is really unprecedented. boeing is forced by the faa to stop essentially increasing production of the max because of concerns about quality control on the boeing production line, and today boeing is in a safety and quality standdown at its facility in washington state to focus on quality control. in the meantime, as you mentioned, the faa now giving the go ahead for airlines to lift the grounding on the max 9 once they have completed very complicated inspections. nearly thee weeks since the blowout on that alaska airlines flight over portland grounded every max 9 nationwide, alaska

says it's already preparing for final faa inspections and its first max 9 flight coming this friday, resuming its full schedule on february 2nd. united says its flights will return starting sunday, but the faa now says it is freezing future production of all boeing 737s, announcing it will not grant any production expansion of the max until we are satisfied that the quality control issues uncovered during this process are resolved. >> i'm more than frustrated and disappointed. i am angry. >> reporter: in an exclusive interview, alaska airlines' ceo had a similar demand. >> my demand on boeing is what are they going to do to improve their quality programs in-house. >> reporter: under intense pressure boeing's ceo david calhoun met with senators on capitol hill on wednesday. >> what's your message to passengers concerned about flying on your planes? >> we fly safe planes. we don't put airplanes in the

air that we don't have 100% confidence in. >> reporter: but before those existing max 9 flights can fly again, they'll have to pass a rigorous inspection process, just laid out by the faa. >> this is the door plug. >> that's the door plug right there. >> in the u.s., only united and alaska fly the max 9. >> it's taking roughly ten hours to inspect every door plug. they're checking to see whether the bolts are in place, one, two, three, and four, and whether those bolts are secure. and then they are having to check measurements and gaps and torques. it is a long process. >> in some cases, that can take 12 hours per door plug. the two airlines taking it on now to get more customers flying as soon as this weekend. real quickly, we had a bad piece of video there that ran on the introduction of me showing the wrong plane. this is only the max 9, only with alaska airlines as well as united airlines. both airlines say that they will only let the max 9 fly when they're 100% sure that the plane is safe and complying with the

faa regulations. the faa saying it will not go back to business as usual with boeing. it is very concerned about the breakdown of quality control at boeing. ana. >> tom costello, thanks for that reporting. next here on "ana cabrera reports," deadly flooding from texas to mississippi impacting millions, and there is more rain on the way. plus, the alabama man set to be the first ever u.s. execution by nitrogen gas. by nitrogen gas. just one aleve. 12 hours of uninterrupted pain relief. aleve. who do you take it for? and for fast topical pain relief, try alevex.

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the threat of flash flooding and severe weather continues across the south this morning, this after nearly a months' worth of rain fell across texas and louisiana in just three days leading to dangerous flooding, and out west, san diego could see more rain after an already historic drenching inundated that region bringing a month's worth of rainfall in a span of three hours earlier this week. it was the city's wettest overall day in nearly 100 years, and joining us now from baton rouge is nbc's guad venegas. guad, what's the latest the gr area is just saturated with water. a lot of people getting stuck in their vehicles from east texas all the way through louisiana with emergency crews doing what they can to help them out as the entire region has been hit by this heavy rain.

across the southern plains, this morning communities inundated by relentless rain are gearing up for another round of heavy showers and flooding. >> that's my mom's mailbox to turn into her driveway. >> reporter: a new band expected to dump inches of rain today from eastern texas to tennessee. >> another round of storms is set to come through. >> reporter: rainfall already pouring as much as 10 to 12 inches in parts of louisiana and texas, causing terrifying road conditions. this driver near houston hoisted up from his vehicle after it hydroplaned off the road, swept up in the fast moving water. others risking the flooded roadways, while firefighters in montgomery county spent the day conducting rescues in flooded areas. >> take precautions. keep watching the water all night, see if it keeps creeping up, and, you know, try to save your car and get your animals out. >> reporter: the torrential downpour creating havoc for authorities too.

this officer attempting to block off an intersection going too far and getting submerged in high waters just off an interstate as the south gets drenched, parts of the northeast are glazed by freezing rain and slick ice, while the west coast prepares for more rain, wind and snow. and fog has also been an issue in this region, which can make it difficult for drivers. while they're already dealing with flooded roads. also a lot of people that live in these flood vulnerable areas can use sandbags. authorities want people to keep in mind a little bit of water going into people's home can cause a lot of damage. >> 33 million still under flood watches. thank you very much, guad venegas. now new developments this morning as alabama prepares to carry out the first american execution using nitrogen gas. this man, kenneth smith, has been on death row for over three decades for a murder for hire killing. now, the state tried to end his

life back in 2022 with a lethal injection, but the attempt failed. and lawyers for smith say alabama is not adequately prepared to carry out the nitrogen gas method of execution tonight. organizations like the united nations have come out strongly against the move saying it could amount to torture under international human rights laws. next on "ana cabrera reports," why the family of a former drug lord is suing actress sofia vergara. actress sofia vearrga.

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today, an off screen legal drama is playing out over netflix's new series about one of miami's most notorious criminals. the real life son of the cocaine queen of miami is now suing the streaming service and lead actress sofia vergara over their depiction of his mother's story in a new series out today. sam brock is joining us with more. sam, really interesting. what is the family arguing? >> sure, so the intrigue heightens. good morning. with the blanco family saying they have deeply personal stories and ideas that were stolen from them without compensation. what netflix is saying, not to us, but in court, a literary document was shared with a third party and they obtained it that way. the show is available to stream right now as the legal battle plays out. the highly anticipated

"griselda" on netflix. >> swear, i know what i'm doing. >> reporter: features colombian actress sofia vergara playing the woman known as the cocaine queen of miami, and the black widow. but the buzzie docuseries spotlighting south florida's wild drug trafficking in the '70s and '80s has hit a real life legal hurdle with her son michael blanco and her estate, claiming years of notes, stories and personal narratives were taken with no compensation. >> netflix as we alleged is using these ideas that were part of interviews, that were memorialized in writings and notes. nobody else could have those ideas and nobody else could have those stories. >> reporter: the emergency motion filed by blanco and his team names netflix, sofia vergara and the company she co-founded, latin world entertainment. netflix declined to comment to nbc, and vergara --

>> i'm proud of the whole show. i think i couldn't have done anything without, you know, this cast. >> reporter: seen here at the premiere with "access hollywood" told telemundo she was not very aware of the lawsuit because she has been on tour. but explained she has always been a fan of michael's and plans on reading his book. behind court doors, netflix's attorneys pushing back on blanco's claim that the stories and ideas were misappropriated, arguing he agreed to share his work with two intermediaries before netflix obtained it. novel, original and unique, but it is not being expressed as an idea, they told the judge. he's attaching it to the literary work, this is about copy right infringement. blanco's attorneys telling us they never pursued a cause of action on copy right grounds. the son just wants to shape the story of his own mother. >> he wants to be able to make sure that whatever details is

displayed to his mom to the public that they have real basis and not just something that was pulled off wikipedia and the internet. >> for those wondering about a possible settlement, they have to decide first if it is a state case or a federal case. she lost her brother in the '90s in this business, she said she has been waiting more than a decade to play this role. >> sam brock, thank you. that does it for us today. see you back here tomorrow, same time, same place. for now, i'm ana cabrera, reporting from new york. jose diaz-balart picks up our coverage right now. good morning. it is 11:00 a.m. eastern, 8:00 a.m. pacific. i'm jose diaz-balart at nbc news headquarters in new york. right now, former president donald trump back in court, expected to testify in his own defense in e. jean carroll's second defamation case against him. on the campaign trail, trump threatens to black list nikki haley's donors while she challenges him again