of what he was going to do. he drew a picture. it says help me. it has the drawing of the gun that she bought him, posted and bragged about. >> reporter: the mother of key keegan gregory believes jennifer crumbley should have gotten her son treatment. >> it's frustrating because they had the knowledge. they knew he wasn't right. >> reporter: and we now know more about the 12 jurors deciding jennifer crumbley's fate. seven of them are parents, and a combined eight of them have guns in their household right now or grew with up with guns in their household. >> that's going to do it for us, see you back here tomorrow same time same place. i'm ana cabrera reporting from new york. josé diaz-balart picks up our coverage right now.

good morning, it is 11:00 a.m. eastern, 8:00 a.m. pacific. i'm josé diaz-balart, the long awaited deal from negotiators is here. >> i know it's not seeming like that with all that's swirling around but this is a historic moment and i feel it. >> reporter: house speaker mike johnson says it is dead on arrival. life-threatening weather, has crews rescuing people amid flooding, and power outages. a deadly drone attack on a base housing u.s. troops in syria. it's the first since the u.s. launched a wave of strikes over the weekend. and in the race for president, new nbc news polling showing president biden's approval rating sinking to a new low, trailing behind former president donald trump in a general election matchup. ♪♪ we begin this morning on capitol hill where senate

negotiators have finally released a text of a bill that would provide aid to ukraine, israel and taiwan in exchange for overhauling the nation's immigration system. after weeks of closed door meetings, rumors, and promises, they finally released a $118 billion plan to deal with several national security priorities. it includes $60 billion for ukraine, $14 billion for israel. nearly 5 billion for taiwan and other indo-pacific nations, and $20 billion for changing to the u.s. immigration system. those changes include requiring the government to shut down the border, if the border patrol encounters 5,000 migrants or more on average over seven days, but the bill's future uncertain. house speaker mike johnson tweeted last night that the bill was worse than expected and that it would be dead on arrival in the house. here's how james lankford

responded to johnson's tweet. >> i'm a little confused how it's worse than they expected when it builds border wall, expands deportation flights, expands i.c.e. officers, border patrol officers, detention beds, how it creates a faster process for deportation. >> president biden saying it will make our country safer and our border more secure, but just this morning donald trump slammed it again in a post on his social media site saying, quote, this bill is a gift to the democrats and a death wish to the republican party. with us to take a closer look, sahil kapur, you julia ainsley. what are some of the provisions that have each side opposing it? >> that's right, jose. the fate of this bill is very much uncertain at this moment. let's start with the fact that this would be the most

conservative border security and asylum overhaul bill in decades if it were to pass. 118 billion including the immigration provisions and the various security supplemental and foreign aid measures. 370 pages. republicans have split immediately and sharply oaf this piece of legislation. senator james lankford, the lead republican negotiator making the hard sell for it saying this would be a huge victory for conservatives. he's backed by senate minority leader mitch mcconnell who has also helped craft this bill and is very much in support of it. steve daines, the national republican senate committee chairman has immediately come out against this bill. let's show his tweet on the screen. he says, quote, i can't support a bill that doesn't secure the border, provides taxpayer funded lawyers to illegal immigrants and gives billions to radical open borders groups. i'm a no. more and more republican senators are coming out against this. donald trump wants to use this chaos at the border as a political issue against

president biden in the 2024 election. it might be his best weapon, especially with the economy improving, and a lot of republicans here on capitol hill do want to do donald trump's bidding on this. it's unclear whether this can get the 60 votes to pass the senate, but democrats are mostly in support of it, not all of them. it's likely to lose some -- you know, lose some democrats in the progressive and hispanic caucus space, senator alex padilla in california has suggested he opposes it. he argues it would dismantle the asylum system. one thing republicans have latched onto, jose, is this claim that 5,000 immigrants would be welcome per day. that's a false claim. what this bill does is has an emergency trigger that forces the president to shut down the border if the weekly average of migrants seeking asylum between ports of entry hits 5,000. it does not welcome that many people. it includes lots of other choke points to prevent that. now, democrats for the most part are expected to be on board with

this bill, and senator chris murphy, the lead negotiator in his party made his case earlier on "morning joe." let's play what he said. >> i just believe that there are enough republicans in the senate who are sincere about solving the problem as opposed to those who want chaos at the border because donald trump thinks it's a good election issue that we can get this passed. we'll see, we'll have a vote in the next two to three days to get on to the bill, and that will tell us whether we still have the support we need or whether donald trump has prevailed here. >> and the senate is expected to start voting on this procedurally this wednesday, jose. >> yeah, julie, i mean, there are so many aspects to this 300 plus page bill, and it's in many ways different from the 2013 gang of eight bill that passed in the senate and went nowhere in the house. what are your thoughts on just on the specific border/asylum issues of this bill? there are some substantial

changes in u.s. asylum law, if this bill does go through. >> that's right, jose. i mean, as sahil said, this is really the most conservative immigration bill we've seen in decades, and there's some really radical departures from the norm. just to spell that out for you, right now when migrants cross the border, they're apprehended. they're processed, and if they're not deemed a national security threat, they're released with a court kate that could be years into the future. now under this new bill, what they would start doing is they wouldn't even have to wait to see a judge. dhs could have their own asylum officers screen them, and within six months if they're found not to have a claim, they're automatically deported. they could also detain all those who are going to see a judge and expedite them, expedite their removal. those are the two new pathways this bill gives them. it's something that hasn't been discussed as much because it was something new we learned about last night in the border detail. it wasn't one of those details

that was leaking like the trigger that would shut down the border. that's another thing to keep in mind when we're hearing republicans talk about welcoming 5,000 migrants in a day. in fact, those people would have a much harder time to make their case for staying in the country. if there's nothing else we take away from this, jose, if this bill goes nowhere, we should at least mark this moment in history to see how far democrats in the biden administration have come to the right on this issue. >> yeah, and morgan, until recently, eagle pass was the epicenter of the migrant crisis. now what's happening there, and how is what's happening on capitol hill impacting things on the ground? >> jose, i think it's created a waiting game for the folks here in eagle pass who have watched these numbers rise over the last year, over the last six months specifically, and they've seen resources surge here, and a lot of debate going on in washington with no clear solution. so while they do acknowledge at least the text that has been released, no one is -- you know,

everyone's still holding their breath to see what, if anything will actually change here. we do know that numbers have dipped in january of this year. that is seasonal in nature, so a lot of that is not attributed to the resources that were searched here. right now you're seeing almost every aspect of city life here impacted by the surge, draining local resources, county resources, everyone trying to make ends meet, while the state has taken control of shelby park behind me in an ongoing battle with the biden administration here, jose. of course anything in this bill that would add to staffing including the border patrol agents here, that would be a welcome relief. keep in mind, jose, whenever they do have to close the bridge, one of the bridges here in eagle pass, that cuts down on commerce here for this community, and they see that staffing diverted to the river to handle this influx of

migrants. that's dollars out of their pockets. jose. >> sahil, you were talking about senator menendez's reaction to this, the senator who helped craft the 2013 gang of eight bipartisan agreement on immigration reform. in his statement -- and i want to quote part of it, he says these changes are permanent in nature without any meaningful relief for the 12 million undocumented immigrants in this country, including dreamers that have lived here for a decade or more. major chunks of this legislation read like an enforcement wish list from the trump administration and directly clashed with the most basic tenants of our asylum system. where's, sahil in this 300 plus page bill are the people who have been here for decades, many with u.s.-born children and the dreamers? what's their fate in this? >> there is no provision in this bill that addresses dreamers or daca recipients, jose. that's one of the main sources of democratic angst in the progressive caucus and the hispanic caucus, and it's really a dizzying shift from 2013.

i was over here covering that gang of eight bill. that did have a rot of border security provisions and reelization for the estimated 11 to 12 million people in this country illegal. it passed the senate with a huge vote of 68 senators and died in what was then the republican-controlled house. let's also fast forward from there to 2018. republican trifecta, donald trump is president, a bipartisan immigration deal included border security provisions, it also included legalization for the dreamers that, you know, 1 to 2 million people here in this country who have been here for years. many of them brought as children. that was the democratic demand in all these previous negotiations for immigration, and it's not happening here. republicans immediately took this off the table. the fact that the politics of immigration have shifted this far to the right democrats are spooked about this issue. it's turned into a net negative for them, the asylum system has become overwhelmed. a lot of republican governors have sought to use some tactics to try to draw attention to this including busing migrants to other places in the country.

the politics have changed very dramatically, and this bill reflects that. many democrats are willing to move on this as public opinion has shifted, which is why this deal is possible. they also very much want the aid to ukraine. that's another kind of incentive for democrats to get on board here. you're absolutely right, this bill does nothing for dreamers. that's one of the reasons some democrats and progressives see this as a bad idea. >> sahil kapur, julia ainsley, and morgan chesky, thank you so very much. coming up, a month's worth of rain in a day in los angeles. >> backyard here is just getting wrecked. >> we're live with the state of emergency in parts of california as a massive storm system brings potentially historic flooding. overseas, a new warning from iran after the u.s. launches strikes throughout the weekend in retaliation for the deaths of three u.s. soldiers in jordan. we're back in 60 seconds. you're watching "josé

diaz-balart reports" on msnbc. ée diaz-balart reports" on msnbc. next victims. ♪♪ you ready for this? ♪pump up the jam pump it up♪ there's nothing better than a subway series footlong. except when you add a new footlong sidekick. like the boss with the new footlong cookie. this might be my favorite sidekick ever. what? every epic footlong deserves the perfect sidekick. ah, these bills are crazy. she has no idea she's sitting on a goldmine. well she doesn't know that if she owns a life insurance policy of $100,000 or more she can sell all or part of it to coventry for cash. even a term policy. even a term policy? even a term policy! find out if you're sitting on a goldmine. call coventry direct today at the number on your screen, or visit coventrydirect.com.

13 past the hour. today secretary of state antony blinken is back in the middle east for his fifth visit to the region since october 7th. blinken's visit comes days after the united states conducted dozens of strikes across iraq and syria targeting iranian-backed militias. white house national security adviser jake sullivan warned that the u.s. response is not over. >> we intend to take additional strikes and additional action to continue to send a clear message that the united states will respond when our forces are attacked or our people are killed. >> and friday's action was followed by coalition and separate self-defense strikes according to u.s. central command on iranian-backed houthi targets who have been firing on vessels in the red sea.

joining us now, nbc's keir simmons from erbil, iraq, and steph twitter, an nbc news military analyst. keir, what's been the reaction like there in iraq to these strikes by the united states? >> reporter: well, there continue to be angry reactions among some here. it's a very divided country, remember. those that are pro the iranian group here, if you like, and that includes some of the political leaders going to funerals yesterday and describing an angry response that is calling for the u.s. to have to leave iran, that's just one example. there are others here who want the u.s. to stay. i think one piece of news this morning, jose, which is going to have an impact is that there's been another strike on a base in eastern syria, kurdish forces

who remember are backed by the u.s., say that they have had eight killed there in their base and 17 injured, some seriously. that has happened in the same part of this region that was hit by those u.s. strikes overnight on friday into saturday, and so of course inevitably that will raise questions about the impact of those strikes. the pentagon's assessing saying out of 85 targets, 84 buildings were damaged functionally or destroyed. but it is clear now that there were no high value targets who are iranian who were hit despite the pentagon saying they were targeting the al qud's force who have a long reach across this region. all of that goes to the question of exactly how these strikes are having the impact on iran or whether they are. now, of course the u.s. message in terms of syria and iraq here, jose, as we have been talking about, is that they want to just

send a message you can't kill americans. that is a fundamental principle which protects and defends america's role here. i think whether or not this does more than just that is a question, and of course you mentioned in yemen just to finish off that those strikes on the houthis, the u.s. saying that they are separate and that there are also separate strikes on -- when the houthis try to launch a missile, but ultimately, when you step back the wider lens, all of this does look like a confrontation with iran, something like a shallow war that the biden administration is trying to control so it doesn't escalate into a full blown wall. >> keir simmons in erbil, iraq. i thank you very much for that. so lieutenant general, i want to talk a few issues with you, and keir was talking about that the message the united states really needs to give to the world is you cannot kill americans. do you think these strikes and what we've seen over the weekend is sending that message?

>> yeah, good to be with you, jose. i think so, but here's what we have to make sure. we have to take away the capability and the capacity of these militant groups. these militant groups, they are emboldened now. they have u.s. blood on their hands, and they're going to continue to conduct these operations regardless how many times we strike against them. so taking away their capacity, the launchers, the drone capability, the command and control capability, that's key to this, and that's why the attacks need to be sustained over time because many of these militant groups, they have these launchers. they have their drone capability in underground tunnels and bunkers. it's going to take a while to rid these militant groups of

this capability and capacity i'm speaking of. >> what goes into the calculations of the u.s. to denigrate these groups without escalating the conflict? >> yeah, as we've been talking, it is a huge balancing act, and what really goes into the calculus, we know that iran does not want war with the u.s., and we certainly do not want war with iran, and you've heard a lot of talk about whether or not we strike inside iran or not. i will tell you, we must have ambiguity there because iran needs to know that they cannot strike american forces without impunity. and so i'm sure that we have targets in iran on our target list, but we're careful to ensure that we don't strike over that balance to take both iran and the u.s. in the conflict, and so it's all about hitting

the right balance, and i got to tell you it's a hard balance given that you have iran with these proxy groups that you don't quite know whether or not they're giving them the direction or not, and so that's for our u.s. intelligence to really get down deep to figure this situation out and understand the right targets that hit without taking us into full-blown war and further instability in the region. >> lieutenant general steph twitter, i thank you so much. good to see you. i appreciate it. >> good to see you again. up next, we're going to go to california where a life-threatening storm is battering the state. and the faa will give an update on its investigation into the max-9 after near tragedy in the skies. you're watching "josé diaz-balart reports" on msnbc.

a few years ago, i came to saona, they told me there's no electricity on the island. we always thought that whatever we did here would be an emblem of what small communities can achieve. trying to give a better life to people that don't have the means to do it. si mi papá estuviera vivo, sé que él tuviera orgulloso también de vivir de esta viviendo una vida como la que estamos viviendo ahora. es electricidad aquí es salud. [cough] honey... honey. nyquil severe honey. powerful cold and flu relief with a dreamy honey taste nyquil honey,

24 past the hour. this morning, 38 million people across california are under flood alerts as a severe storm system brings torrential rain and a high risk of flash flooding. the storm toppling trees causing cars to spin out and triggering landslides, and yesterday firefighters in san jose rescued six people and 15 dogs from the guadalupe river. downtown los angeles saw an entire month of rain in a day marking their wettest day in

over 19 years. nbc's dana griffin joins us from santa barbara. good morning, what's it like there now? >> reporter: jose, good morning. right now things are starting to dry out, but only for a moment. we're just getting a bit of a lull until the next round of rain hits this area. i want to show you a particular street in santa barbara. you can see the flood sign is still up. there was water covering this road. you can still see mud there now. take a look at some of the wind shear that has affected this tree. you can see part of it, you know, is on the ground. this is just how powerful this storm was that came through here, and i want to walk over here and show you the creek. this is the creek that overflowed yesterday, sending debris and mud into the area. the concern is that as more rain falls, creeks like this could overflow their banks, and so you've had a lot of neighbors nearby walking out just to take a look at it. as we get more rain, there's a concern that this river or this creek will overflow once again. we've seen some crews out this morning checking out the area.

hundreds of people were told to evacuate, some stayed home. so right now people are just trying to wait out this storm as it continues, and it's going to last through tuesday, but even as the storm passes on, the greatest impact that remains is still the threat of flash flooding. also, the possibility of landslides and downed trees because sometimes when that ground is so saturated, you can still have things topple over even days later. jose. >> dana griffin, i thank you so very much. appreciate it. turning now to chile, where at least 112 people were killed over the weekend as a massive forest fire tore through the region around the port city of value pree sew. more than 200 people were reported missing. this is chile's worst natural disaster since 2010 when a powerful earthquake and its

aftershocks killed more than 600 people. the fire comes as a heat wave is blanketing south america with temperatures in chile reaching 101 degrees yesterday. up next, our very own steve kornacki is back at the big board to break down brand new polling in the race for the presidency. plus, hike stakes at the supreme court as it takes up colorado's effort to kick former president donald trump off the ballot. you're watching "josé diaz-balart reports on msnbc. gée diaz-balart reports on msnbc with mild-to-moderate covid-19 and a high-risk factor for it becoming severe. it does not prevent covid-19. my symptoms are mild now, but i'm not risking it. if it's covid, paxlovid. paxlovid must be taken within the first five days of symptoms, and helps stop the virus from multiplying in your body. taking paxlovid with certain medicines can lead to serious or life-threatening side effects or affect how it or other medicines work, including hormonal birth control. it's critical to tell your doctor about all the medicines you take because certain tests or changes in their dosage may be needed. tell your doctor if you have kidney or liver problems, hiv-1, are or plan to become pregnant, or breastfeed.

don't take paxlovid if you're allergic to nirmatrelvir, ritonavir, or any of its ingredients. serious side effects can include allergic reactions, some severe like anaphylaxis, and liver problems. these are not all the possible side effects so talk to your doctor. if it's covid, paxlovid. ask your doctor today. why didn't we do this last year? before you were preventing migraine with qulipta®? and look at me now. you'll never truly forget migraine, but zero-migraine days are possible. don't take if allergic to qulipta®. most common side effects are nausea, constipation, and sleepiness. qulipta®. the forget-you-get migraine medicine™. she found it. the feeling of finding the psoriasis treatment she's been looking for. she found sotyktu, a once—daily pill for moderate—to—severe plaque psoriasis... for the chance at clear or almost clear skin. it's like the feeling of finding that outfit psoriasis tried to hide from you. or finding your swimsuit is ready for primetime. ♪♪ dad! once—daily sotyktu was proven better, getting more people clearer skin than the leading pill.

don't take if you're allergic to sotyktu; serious reactions can occur. sotyktu can lower your ability to fight infections including tb. serious infections, cancers including lymphoma, muscle problems, and changes in certain labs have occurred. tell your doctor if you have an infection, liver or kidney problems, high triglycerides, or had a vaccine or plan to. sotyktu is a tyk2 inhibitor. tyk2 is part of the jak family. it's not known if sotyktu has the same risks as jak inhibitors. find what plaque psoriasis has been hiding. there's only one sotyktu, so ask for it by name. so clearly you. sotyktu. ♪ (upbeat music) ♪ ( ♪♪ ) with the push of a button, constant contact's ai tools help you know what to say, even when you don't. hi! constant contact. helping the small stand tall. only sleep number smart beds let you each choose your individual firmness and comfort. constant contact. your sleep number setting. and actively cools and warms up to 13 degrees on either side. save 50% on the sleep number limited edition smart bed.

plus 0% interest for 36 months on select smart beds. ends monday. only at sleep number. this ad? typical. politicians... "he's bad. i'm good." blah, blah. let's shake things up. with katie porter. porter refuses corporate pac money. and leads the fight to ban

congressional stock trading. katie porter. taking on big banks to make housing more affordable. and drug company ceos to stop their price gouging. most politicians just fight each other. while katie porter fights for you. for senate - democrat katie porter. i'm katie porter and i approve this message. growing up, my parents wanted me to become a doctor or an engineer. those are good careers! but i chose a different path. first, as mayor and then in the legislature. i enshrined abortion rights in our california constitution. in the face of trump, i strengthened hate crime laws and lowered the costs for the middle class. now i'm running to bring the fight to congress. you were always stubborn. and on that note, i'm evan low, and i approve this message.

32 past the hour. tomorrow the 2024 race for the white house heads west where democrats and republicans in nevada will cast their ballots in the state's primary contest before the state gop holds separate caucuses on thursday. it comes after president biden easily won south carolina's democratic primary on saturday. meanwhile, nbc's latest poll shows trump with a five-point lead over biden in a hypothetical matchup. all this as president biden's job approval hits the lowest mark of his presidency, 37%. these numbers are a snapshot of where this race stands with nine months until election day. joining us now, nbc news national political correspondent steve kornacki, stuart stevens served add mitt romney's chief strategist for his 2012 campaign, and victoria defrancesco soto, dean of the clinton school of public service at the university of arkansas and an msnbc political analyst. so steve, what else does this new polling show us?

>> a couple things. it gives the bottom line here is trump in our poll now five point advantage over joe biden, compare that to the last time we took this survey. it was in november. we had trump ahead of bide by two points then. from two to five, significantly i would say we've actually poll add trump/biden matchup 16 times going back to 2019 when biden first got in the race. biden led every single poll we took in 2019 and 2020, often by very large margins. we've now polled the potential 2024 matchup four times. this was the first time in november that trump had the lead. this is the second time that trump's had the lead and at five points it's the biggest lead we've seen over biden since we've been polling a trump/biden matchup. you also mentioned the approval rating. the approval rating probably driving a lot of this, it's low. it's 37%, 60% on the disapprove side. context for that 37%.

where were previous presidents seeking re-election at the same point, start of the year approval rating in our nbc poll. here's the comparison george w. bush 2004. he was at 54%, he got reelected. barack obama 49%, got reelected. donald trump 2020, he was at 46%, didn't get reelected obviously and joe biden right now at 37%, only two other incumbents in their re-election year have polled at this number or below. it's george h.w. bush in 1992 and it's jimmy carter in 1980. take a look then as well, some of the key groups we're keeping an eye on here, young voters, there's been a lot of talk about young voters. are they enthused in a way they were in 2020. they were a very important part of joe biden's coalition in 2020. is there any sign that they're moving towards trump. you see among 18 to 34-year-olds, we see the race even at 42, 42. we see a very low level of

engagement among hose young voters. one thing the biden campaign is hoping for -- also we see those young voters don't have a very positive opinion of biden, but they also don't of trump. one thing the biden campaign is hoping for as the election draws near this choice of trump, biden becomes clear to young voters. they may not like biden per se, but they hold their nose and vote for him against donald trump. that's one thing democrats are looking for in that 18 to 34-year-old number. the independents, trump with a sizable advantage over biden there. look how low those numbers are total. that adds up to less than 80%. there's a lot of independents sending signs they don't like either one of these choices and they potentially would be open to a third option. that's something to watch in the months ahead. white voters, trump with a 17 point advantage. black voters, biden with a 59% advantage. democrats want to see that number get higher. the hispanic vote has been a

major story. 2020 we saw that shift towards trump. questioned heading into '24, would it continue? so far in our polling, this would even be an improvement for 2020 for donald trump. he's 1 point ahead in our poll of biden among his panic voters. >> thank you very much. victoria, president biden easily won south carolina's primary on saturday. i think there was a lot that we could discern from that victory. what were your takeaways from it? >> he continues to be strong with the black democratic base. in south carolina that's really where we see one of the core parts of the democratic coalition come to the fore, but it's going to be also a question of what happens to the other core pieces of that democratic coalition. we know that the hispanic coalition is one that the democratic party has been struggling with, where it was stronger in the last several election cycles, and also the youth voter. as steve pointed out, it's split

almost evenly and traditionally democrats did very well with young voters. now, keep in mind that young voters don't necessarily turn out at the same rate as older voters, but we have been seeing an uptick in the rates of young voters. in looking ahead to november, the democratic coalition is going to have to make sure that they're both persuading those weaker sections of hispanic voters voting r, and young voters voting r to get them back over as well as mobilizing. them. it's not just who your preference is but who you're going to go out and cast a ballot for. >> turning to nevada, "axios" reports that trump's team is worried nevadans plan to hold a primary two days before the caucuses could embarrass the former president even though he's expected to win the state there. is there any reason for them to be concerned? haley is gaining some momentum, enough in nevada?

>> look, when i worked in presidential campaigns, if you asked me if i was worried about -- i would stop you at about because i was worried about everything. that's kind of your job in a presidential campaign. look, i think this race is over. i think nikki haley is sort of a zombie candidate. she's not going to be the nominee. so i don't really think it matters. ultimately, it's going to be about delegates, not about a newscycle. super tuesday they're going to rack up a lot of delegates. so trump is going to rack up a lot of delegates. so you know, i think this is a trump/biden race. you know, i just want to say one thing about these approval ratings. i don't believe historical norms are applicable here. we've never been in a situation in which 70% of the other party doesn't believe the president, incumbent president is legal. so if you don't believe that the president is legal, what in the world can you tell that person to get them to vote for you or

to have approval of you? well, you know, he stole the white house, but he's done a good job on infrastructure. how about that chips bill. so i think to a large degree when you do these polls, you should screen and say do you believe the president's an legally protected president, which of course he is. if you say no, i would throw them out of the poll because there's nothing you can do to reach those voters. >> stuart, the fact is that there is probably very little that you're absolutely right, that the voter who sees himself as a trump voter, you can tell to change their vote, but then there are the large group of independents, the large group of democrats who may feel that they're not being listened to by the democratic party. it's those, stuart, that i think people like, you know, nikki haley who raised $16.5 million

last month, over 11 million of that was in grass roots, small donor donations. is that enough for her not to be, as you call her, a zombie candidate? >> yeah, because she's not getting enough votes among republicans, and ultimately this race is -- primary, it's a republican primary. it's going to be decided by republican voters. so let's talk about nikki haley's voters. what's their second choice? it ain't donald trump. the vast majority of these haley voters are either not going to vote or they're going to vote for joe biden or potentially a third party, which is why the third party is so dangerous to the biden campaign. i think these polls are really showing not a choice between these two candidates yet. we've had a couple of polls, one in new hampshire, one in pennsylvania where biden's approval raings after at 38 but he was winning by nine points. i think you're going to see an increasing historically

different split between job approval and choice because we've never had an alternative like donald trump. >> stuart stevens and victoria defrancesco soto, thank you so very much. turning now to another lex, the president of el salvador has claimed victory in his country's election despite a court issuing a delay in the results because of an issue with the vote tally. it looks to be a massive landslide win for bu kelley who has led a major crackdown on gangs and launched his re-election bid despite accusations it violates the country's constitution. for the first time, salvadorians living abroad were able to cast their ballots, and they did so by the thousands. the country's ministry of foreign affairs posted this video of people lined up to vote in los angeles. there's a large community of folks from el salvador in los angeles as there are in places like maryland and just pretty

much all across the country, and this is the first time they were able to vote outside of el salvador. up next, what a major decision by the judge in trump's federal elections interference case really means. plus, as we await an faa briefing a month after a door plug flew off a 737 max 9 airplane mid-flight, boeing says another problem has been found with its 737s. another one? we're going to look into that. you're watching "josé diaz-balart reports" on msnbc.

with nurtec odt, i can treat a migraine when it strikes and prevent migraine attacks, 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. ask about nurtec odt.

47 past the hour, this morning some shifts in former president donald trump's legal calendar. the former president's federal election interference case will no longer begin on the 4th of march, according to judge chutkan. it comes as d.c. circuit court of appeals has not yet decided whether trump is immune from prosecution. joining us now, nbc news correspondent vaughn hillyard in los angeles, and david henderson, civil rights attorney and former prosecutor. so vaughn, how is the trump campaign feeling about these new developments? >> reporter: right, this obviously is going to be a key part of their political calendar here. if, in fact, the federal election interference case is not slated to begin until either later this spring or summer, that would allow the hush money payment case in the state of new york brought by district attorney alvin bragg to begin on march 25th, the day that judge

merchan has it slated to start. multiple motions to dismiss the 34 felony counts against him on the grounds it is impeding his presidential campaign efforts as well as violated his due process rights. again, we are looking at that pretrial hearing a week and a half from now. but for donald trump, he ultimately regardless of which trial comes first, is facing felony counts in each of them, and in the hush money payment case, 34, and so for donald trump, this would not likely be a multimonth trial, but instead, this could take place in just a matter of weeks. so even as late as, you know, april or may, we could very much have a verdict against donald trump on several of these felony counts stemming from the hush money payment case. and of course no felony conviction, which our nbc news polling has showed is not going to favor donald trump politically come november. >> yeah, i'm just wondering,

vaughn, you know, on thursday the supreme court's going to take up the issue of, you know, whether the former president can or cannot be on ballots. any understanding of whether trump is going to head to d.c. on thursday? >> at this point in time, we expect donald trump here actually in the state of nevada because that is, in fact, the day of the nevada caucus. donald trump is the only candidate who is actually taking part in that caucus. we already know that he is going to walk away here with all of the delegates because nikki haley chose to take part in the state's primary that is happening tomorrow. so at this point it's politically irrelevant what happens here this week. of course the attention from trump's camp is going to be solely on the supreme court ora supreme court justices and donald trump has been particularly worried. at a numerous number of his events, he has expressed concern, in his words, the own

appointments he made to the supreme court could try to rule against him and kick him off the ballot. so as to come up as being fair. of course, this is a complicated case that is coming before the supreme court and there's no reason to believe they will be making a politically calculated decision, but donald trump and his own political fate as well as his legal fate largely tied to what happens in november is going to come at the hands of the supreme court and the decision we'd expect to come after these oral arguments on thursday. >> as we speak about the legal fate of donald trump, legal fates, i guess is a better way of putting it of donald trump, a key strategy for trump in all of his cases is the delay, delay, delay proceedings. how significant is this delay? >> you can't state how significant the delay is overall because this is a standard approach people take. i've had some high level lawyers tell me that delaying time heals

all wounds in criminal cases. now, it doesn't necessarily affect the legal claims but that's not all that matters in a case that's going to go to trial. the amount of pressure you can mount really matters. especially when part of what people are doing is jockeying to try to determine who's going to go first. regardless of what their actually saying when they're making statements about these cases, no one wants to be up first and lawyers aren't as good on our feet as we market ourselves as being. we like to plan, develop strategies. all this chaotic movement with regard to these court settings, which is going to continue, strongly favors trump. >> on friday, fani willis admitted to having a personal relationship with a prosecutor on the case against trump, but she said it should not disqualify her. what does this mean for the case? >> i don't think she's likely to be disqualified, jose, but this goes back to what we were just talking about. it continues to build pressure on her. part of what we're forgetting when we look at these cases is the charges themselves are

historically significant, but also, willis is probably under more pressure than any prosecutor has ever been under than any prosecutor in the history of the country. she made a mistake and it's going to cost her, but what's going to cost her is the amount of pressure it puts on her. and keep in mind, this case is going to go on for months, maybe years, and all you have to do is make one mistake and a trial could cost her one vote from one juror and she loses. >> thank you very much. up next, the new problem boeing is facing on one of its planes. plus, what's at stake in an historic school shooting trial? you're watching jose diaz-balart reports on msnbc. iaz-balart reports on msnbc blocks heartburn for a full 24 hours. for one and done heartburn relief, prilosec otc. one pill a day, 24 hours, zero heartburn.

have you ever considered getting a walk-in tub? f well, look no further.rn relief, prilosec otc. proudly made in tennessee, a safe step walk-in tub is the best in it's class. the ultra-low easy step helps keep you safe from having to climb over those high walled tubs, allowing you to age gracefully in the home you love. and now, back by popular demand, for a limited time, when you purchase your brand-new safe step walk-in tub, you'll receive a free shower package! yes! a free shower package, and if you call today, you'll also receive $1600 off. now you can enjoy the best of both worlds. the therapeutic benefits of a warm, soothing bath, that can help increase mobility, relieve pain, boost energy, and even improve sleep. or, if you prefer, you can take a refreshing shower all in one product! call now!

it's time. yes, the time has come for a fresh approach to dog food. everyday, more dog people are deciding it's time to quit the kibble and feed their dogs fresh food from the farmer's dog. made by vets and delivered right to your door precisely portioned for your dog's needs. it's an idea whose time has come. ♪♪ xfinity rewards presents: '1st and 10gs.' xfinity is giving away ten grand to a new lucky winner whose time has come. for every first and ten during the big game. enter daily through february 9th for a chance to win 10gs. with the ultimate speed, power, and reliability the xfinity 10g network is made for streaming live sports.

because it's only live once. join xfinity rewards on the xfinity app or go to xfinity1stand10gs.com for your chance to win. 57 past the hour. happening right now, jurors in michigan are deliberating in the trial of jennifer crumbley.

she's charged with four counts of involuntary manslaughter and faces up to 15 years in prison. on friday, the defense argued she could not have predicted her son would kill four schoolmates. >> the crumbley's son was a skilled manipulator and didn't realize it. i am asking you find jennifer crumbley not guilty. not just for her, but for every mother out there doing the best they can who could easily be in her shoes. >> we'll bring you the latest developments as we get them here on msnbc. happening right now, the faa is holding a press conference to discuss when the boeing 737 max 9 jets will return to service. this comes a month after a door plug blew out prompting an investigation, temporarily grounding a lot of those max 8 planes. now boeing is saying it found another problem with the

fuselage on its 737 fleet. dom, good morning. what's going on here? >> so, jose, on the first point you brought up. that media briefing from the faa kicked off around maybe 13 minutes ago. the webinar is being led by jodi baker, the deputy associate administrator at the faa. earlier this month, they laid out a set of plans and actions that would need to happen for that boeing 737 max 9 jet to return to service. now, it said it is increasing scrutiny over production lines at boeing. its key suppliers. it's also limiting production. now, baker did just kick off the presentation by addressing how many of those 737 max 9 jets have been inspected between alaska airlines and united airlines. those are the two main carriers that fly that model. to the second point, we're learning more problems have been

found in some of those max jets. it has to do with holes drilled in the fuselage of those planes. it is for now not a threat to planes that are already in service. it affects around 50 jets that have not yet been delivered to customers. it was discovered by boeing who said some of the holes did not meet the standards. now, the supplier of spirit aerosystems said they are aware of the issue and are in touch . >> that wraps up the hour for me. you can always reach me on social media at jd balart and watch clips from today's show online at youtube at msnbc.com/jb. andrea mitchell has more news right now. right now on "andrea mitchell reports," unveiled. a bipartisan group of senators release their