good day. i'm chris jansing live at msnbc headquarters in new york city. at this hour, pandemonium and disorder are boiling over on capitol hill. you're looking live at the senate floor where moments from now the bipartisan border bill with aid for ukraine and israel is expected to be tanked by the same republicans who asked for it and who lost two votes last

night in a stunning rebuke. >> it was a mess what happened here, but we're cleaning it up. the chasm between the two parties is wider than it's ever been. >> where does washington go now on issues millions of americans care about? plus, can donald trump be kept off the colorado's primary ballot for his role leading up to the january 6th attack on the capitol. that's the high-stakes question that will be argued before the supreme court tomorrow. what to expect in court and the critical implications for the decision. a defiant prime minister bibi netanyahu just moments ago telling the world israel will not stop until all of hamas is gone from gaza. those comments coming after a new hamas counterproposal for a cease fire and hostage deal, so what happens now? but we begin on capitol hill where chaos is winning in a battle over compromise. as soon as an hour from now, the senate will vote on whether to

proceed with a $118 billion national security package including for the border that is sure to fail. >> it's just chaos. i mean, the house sort of outdid the senate in terms of its republican chaos. as of sunday, there were 22 republican senators saying they were going to vote for this, and they thought they could get the number up to 27. one tweet and a few phone calls and the whole thing collapsed. that is not normal to vote against a thing that you specifically demanded. >> senator schatz house reference is about the late night humiliating defeats for republican, a house effort to impeach alejandro mayorkas didn't just fail, it failed after open arguments erupted on the floor, last ditch unsuccessful attempts to get people to change their minds. add to that republican fury after one democratic congressman left his hospital bed and cast

his ballot from a wheelchair. and in another massive embarrassment for leadership, house republicans failed to pass a stand-alone aid package for israel. nbc's julie tsirkin is reporting on capitol hill. also with us, adrienne elrod, former senior aide on the biden/harris campaign, and eugene robinson, "washington post" columnist and an msnbc analyst. okay, julie where do things stand with this package? >> reporter: right now on the floor that image you showed of senator durbin speaking is one of several we expect to speak in favor of the border security package including senator lankford, senator sinema, senator murphy, all folks who have crafted that very bill that republicans are poised to block so here's what schumer is going to do. he announced that he is planning on putting a clean bill for israel, taiwan, for ukraine with the fend off fentanyl act, but no money for border security, not even what the biden

administration had requested back in the fall. the question is does that pass? of course the clock is ticking on ukraine. it is very clear the border effort is dead on arrival in the house. i asked senator lankford that very question. here's what he had to tell me in a one on one interview. >> putting this clean bill without the border security provisions on the floor later to today, there's a chance it could pass. does that mean republicans' chances to secure the border this year are over? >> it would be. at that point. i can't imagine anyone would take it up. obviously i've gone through this the last four months negotiating, everybody's kind of seen the media assaults that have happened on me in the past several weeks on it. >> you were censured. >> i would expect any other republican is going to say hey, i'm not going to go through that, especially in this year. >> reporter: as all of this is going back and forth, there's real concern on the republican side of the aisle including from senator lankford's perspective, is that democrats are going to use an issue that republicans have capitalized in their favor when it comes to the next election. i asked senator lankford if he

believes that will hurt their chances to take back the senate, to keep the house, to even take the white house, and he said it is too soon to tell, but he does, chris, urge speaker johnson to come to the table to not give up on this, but it doesn't sound like he will heed that offer. >> so adrienne, let's talk about the implications. how do democrats message this republican border failure on nbcnews.com, chuck todd calls out, quote, biden's rhetorical inability to put his opponents on the defensive and connect the dots for the public and in public about congressional gop intransigence. he argues that biden's absence from the public debate has allowed the right to dictate a false narrative. does there need to be a change in messaging? >> yeah, chris, look, i think chuck todd is incredibly smart but i actually am going to disagree with him on this. president biden and his team have been working mind the scenes, working with negotiators to try to come to a deal. the bottom line is this, the messaging is pretty simple here.

republicans try to tout that they are strong on the border this is their top priority. they are proving now to the american people that is not the case because here is a bipartisan bill, the most bipartisan bill we've seen in well over a decade in congress that republicans have put to the table that they helped craft, and democrats support, and they will not support it, why? because we're in an election year. >> if the messaging is straightforward, simple, and persuasive, why doesn't the president go on the super bowl in front of 100 million, 200 million people, he will never have that size audience again and make his case? >> i think he's going to keep doing that. i think you're going to see him talk about it on the stump. >> not to 100 million people he isn't. >> well, you actually raise a good point. the super bowl is an excellent platform to be able to get your message out there on this. you know, look, i was just on a call with the white house earlier this morning talking about messaging on this bill, so i know that they are very focused on this, that they are making sure that the american people understand who's on the

right side of trying to get the border addressed and who's not on the right side, and simply put, republicans in congress, the maga republicans, mike johnson and his maga base are not on the right side of this issue. democrats are. >> so eugene, let's talk about the attempt to impeach mayorkas. i don't know why i'm ever surprised anymore, but i was surprised by what i saw play out last night without a doubt, and then you have these republican accusations that congressman green was hiding and playing some kind of game, something he answered on msnbc this morning. so take a listen to both sides. >> they hid one of their members waiting until the last minute watching to see our votes, trying to throw us off on the numbers that we had versus the numbers they had. so yeah, that was a strategy at play tonight. >> i was always going to vote on this piece of legislation. i never had any kind of secret plan. i was doing my best to get from

the hospital bed over to the floor to cast my vote. >> so eugene, was this tricky democrats playing a game or republicans forgetting the pelosi rule, don't bring it to the floor if you don't have the votes. >> yeah, that's the general speaker of the house rule. you just don't do that. that's speaker of the house 101. you don't bring it to the floor unless you have the votes. did you ever hear nancy pelosi or any other speaker try to blame the sort of embarrassing defeat on the other party, they hid al green, they tricked us. wow. i mean, wow. number one, if you're that easily tricked, i think you ought to -- i don't think you ought to be one of the vote counters. and number two, if your whole strategy for getting this passed is based on the question whether one member from the other side who has been ill misses the

vote, you're not in a good place. you're not in a good position. you need to count again or you need to not bring it to the floor. it's not ready. it was just amateurish, you know, calling it chaos gives chaos a bad name. >> also, eugene, it's appropriate that maybe we're looking live at senator lankford who's been on the receiving end of this, senate republicans appear to be turning on minority leader mitch mcconnell over the border deal. take a listen to what ted cruz said. >> is it time for mitch mcconnell to go? >> i think it is. look, everyone here also supported a leadership challenge to mitch mcconnell in november. i think a republican leader should actually lead this conference and should advance the priorities of republicans. >> eugene, the new republic put it this way, it sure looks like mitch mcconnell is about to become the next kevin mccarthy. is this the most vulnerable

you've ever seen him? >> you know, i don't know. boy, if you count mitch mcconnell out, so far you've been wrong, and -- >> true that. >> so i'm not going -- i'm not going out on that limb. as senator cruz said, the people there who were apparently or at least visually backing his call for mcconnell to step down were the ones who opposed him the last time in favor of rick scott who lost. it's not at all clear to me that mcconnell has lost the confidence of the majority of his caucus. i don't thing that's true. i've certainly seen no evidence that's true. >> adrienne, obviously the politics of this matters who gets blamed. it matters a lot what happens in nofr. there's still this race to save

aid for ukraine. the border by the own republicans' own preaching is a security issue. what's at stake here as this chaos continues? >> oh, chris, there's so much at stake. you just laid it out. we've got to pass aid for israel. we've got to pass aid for ukraine. you know, it feels like that is getting further and further apart, and the difference, you know, chris, look, you look at the first two years of the biden administration when democrats had control of the house and the senate, we got four major economic bills passed. we got a lot of legislation passed. you look now with republicans, with even their thinnest majority, nothing is getting passed because the republicans are obstructing everything. so you know, look, if the american people need any kind of a clear choice in this election in terms of, you know, what's at stake here, it is simply the fact that nothing is going to get done in congress, in this current construct with republicans in charge in the house, and if republicans get one more seat in the senate, they're also going to be in charge. so you know, this is a clear cut reason why democrats, you know, we got a lot done, a lot of that

legislation was bipartisan. i worked to implement the chips in science act, that was a bipartisan piece of legislation. we're not going to see anything really get done, which is really disappointing, under this current construct as long as mike johnson lets the maga wing of the party control his agenda. >> this was a bipartisan proposal and senator lankford just said we knew this wasn't going to be perfect, but this is untenable. we have to do something. we shall see. julie tsirkin, a adrienne elrod eugene robinson, thank you all. we'll dig into the court case that could have major implications for the upcoming election, the power of the presidency, and the future of american democracy. we'll explain it all next. racy we'll explain it all next. e atts catch you off guard, but for me a stressful day can trigger migraine attacks too. that's why my go to is nurtec odt. it's the only migraine medication that can treat and prevent my 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. now i'm in control. with nurtec odt i can treat a migraine attack and prevent one. talk to your doctor about nurtec today. the supreme court is less than 24 hours away from hearing one of the most consequential cases tied to a presidential election since bush v. gore. it's donald trump's supreme court appeal of a colorado

decision to take him off the state's republican primary ballot for his involvement in the violent attack on the capitol on january 6th, an attack that took place just steps away from the high court. the major question here should a former commander in chief be disqualified from seeking the presidency again if he engaged in insurrection. nbc's laura jarrett gives us a closer look at what to expect. >> krista kafer is a conservative columnist who voted for donald trump in 2020, but says she won't do it again. >> former president trump tried to disenfranchise 80 million americans, and how did he do that? he tried to joefr turn an election. he fomented violence to stop the peaceful transfer of power. >> reporter: kafer and five other voters in colorado successfully managed to get the republican front runner kicked off the state's primary ballot in 2024 for what happened on january 6th, 2021. >> through his actions and his actions alone, donald trump has

disqualified himself from ever holding office again. >> reporter: trump says he did nothing wrong, predicting chaos and bedlam if the u.s. supreme court doesn't rule in his favor, saying this about the justices he appointed to the bench. >> i fought really hard to get three very, very good people in there, great people, very smart people, and i just hope that they're going to be fair. >> reporter: to understand how we got here, you have to start with the legal word salad that is section 3 of the 14th amendment to the u.s. constitution. quote, no person shall hold any office who, having previously taken an oath as an officer of the united states to support the constitution of the united states, shall have engaged in insurrection or rebellion against the same or given aid or comfort to the enemies thereof. english translation, if you took an oath and you break that oath by engaging in an insurrection, then you don't get to hold

public office in the future. a view that's been embraced by some leading conservative legal voices. >> it's not president joe biden. it's not the democrats. it's not the anti-trumpers. it's the constitution of the united states. >> reporter: the 14th amendment's framers wanted to make sure that after the civil war ex-confederate leaders wouldn't get voted back into office, but the text that went into effect in 1868 raises a bunch of tricky questions now at the heart of the legal fight in 2023, like is the president an officer of the united states? if so, why not say so? did trump engage in an insurrection or rebellion? even if he didn't break into the capitol himself? and who exactly is supposed to enforce this part of the constitution anyway? congress or the courts? in the wave of lawsuits to ban trump from the ballot, most courts have dodged these questions or

ruled in his favor until colorado where the state's highest court found him ineligible for office. the case now on the u.s. supreme court's docket where the ultimate result for colorado and the rest of the country is far from clear cut, laura jarrett, nbc news. >> joining us now former assistant director for counterintelligence at the fbi and msnbc national security analyst, frank figliuzzi and former federal prosecutor and msnbc legal analyst, glenn kirschner. okay, we haven't seen the supreme court this central to a presidential election in decades, a lot of big political and legal questions are up in the air. what will you be listening for? >> you know, chris, i'm going to be looking for just how creative might some of these supreme court justices get in their determination, if they are determined, to rule that donald trump should remain on the state ballots. the reason i say i'll be looking

for creativity is because if they want to consider themselves textualists, okay, read section 3 of the 14th amendment. it's right there in the text. if you took an oath to support the constitution and you engaged in or gave aid and comfort to an insurrection, you're out. you're disqualified. the text supports that conclusion. you want to quibble with how much evidence is there in the colorado case that he actually engaged in an insurrection, well, in colorado, a trial court judge held a full trial on the merits with fact witnesses like daniel hodges who we all have seen on an endless loop getting his head crushed in the doors of the u.s. capitol as he was trying to keep the insurrectionists out. they had fact witnesses. they had expert witnesses, and the judge concluded. as a matter of fact, donald trump engaged in insurrection and the supreme court of colorado affirmed that finding and ruled he is therefore disqualified. you want to complain about the

lack of consistency among the 50 states in the way they go about qualifying and disqualifying candidates? well, you know, the justices on the right are generally enamored of and devotees of states' rights, the states have the rights to set their own election procedures including qualification and disqualification of aspiring candidates. everywhere you turn, donald trump looks like based on the law and the constitution he should be disqualified. how creative might some of these supreme court justices get if they are determined to avoid reaching that conclusion. >> well, let me ask you about one more part of this case, the colorado lawyers held a press briefing in just the last couple of hours where they said one of the core arguments they'll focus on tomorrow is to push back against the argument that the president is not an officer of the united states, even bringing in this comparison to yesterday's immunity ruling. >> the immunity ruling, they refer to the president as an

officer and the presidency as an office 61 times, and i was just curious if you thought this could play into your case at all in these arguments? >> yeah, so i read that opinion in detail this morning and i had the same reaction, and i don't know if it will play into the justices' view of our case, but what it does do is reflect what is the obvious truth, that the president is an officer of the united states. the presidency is an office under the united states, and you really have to do linguistic acrobatics to avoid calling him that. >> is he right about that, glenn? >> you know, chris, this is coincidence, but let's look at what donald trump himself has said about this. i'm holding in my hands a legal opinion, knd, llc versus trump post office llc, and here is the first paragraph. president trump removed the suit to federal court under the federal officer removal statute

claiming he was a federal officer. let's take him at his word, this is a silly argument. >> all right, frank, "politico" spoke to experts across a bunch of different disciplines about the major ramifications of this case, including, frankly, security, and one of them said, quote, violence is likely no matter what happens. do you agree with that? and in any case, is the city prepared for what may be a very large gathering? >> i'm afraid the threat and risk picture now is squarely focused on these court decisions that will all end up in the supreme court, and yes, i fear that this is really a no win for the nation in terms of security. no matter what happens. look, we're looking at a time now where we use 400 deputy u.s. marshals to protect 24/7 the supreme court justices and the supreme court building. a time where the supreme court building has to have a police

force of 125 officers just to protect the building physically. with regard to security prep for tomorrow, as glenn has said, it's all about tomorrow. it's whether this president, the former president can be on the ballot at all, and that's going to incite people and energize people who might be bad actors. so the entire capital region, law enforcement agencies are all on call. they've learned a lesson from the u.s. capital, which of course is just across the street from the supreme court. everybody's on standby. all kinds of levels of security. security so tight that, quite frankly, donald trump will find it very difficult if he decides to even pop in at the last moment. he likely won't be able to make it through the barriers, and the results are such that if he is found to be disqualified by the supreme court to be on ballots, i think we'll see red states just disregard the supreme court. it's happening right now in the state of texas. governor abbott thumbing his

nose at the order to remove razor wire on the river in texas. so we will see states try to keep him on the ballot. we'll see violence come out of that. this is almost a no-win situation from the security perspective. >> the supreme court is no stranger. washington is no stranger to protests. they certainly have money. they have resources for security, but there will be places, other places perhaps outside of courthouses, perhaps in places where there are trials that are not as experienced. how closely are they watching what's going on, getting advice perhaps for when their time comes essentially to have one of these events happen? >> yeah, the soft target is what bad actors look for, the most vulnerable location or person to act out on, and that is where we get into issues as you get teep into counties and states in different voting precincts. that's where the department of

homeland security and the fbi come in. they come along side those state and locals, warning reports, local field offices will come alongside the sheriffs and state patrols and say here's the intel we're developing. you may not have a huge intel function, but we've got it, and we're telling you here's the threat that's coming your way, and more than ever before, state ask local departments are having to really develop on the ground sources to let them know that people are planning bad things. >> frank figliuzzi and glenn kirschner, guys, thank you so much. tonight msnbc's chris hayes will host a preview of tomorrow's arguments, 7:00 p.m. eastern on msnbc. now, tomorrow you can listen to the supreme court, which will have live audio for these arguments in full. that starts at 10:00 a.m. eastern. my colleagues, ana cabrera, andrea mitchell, and josé diaz-balart will host that special coverage tomorrow right here on msnbc. but first, israel's prime minister with a firm and fiery press conference responding to

the hamas counterproposal to end the war in gaza. details on that next. 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.

i'm daniel lurie and i've spent my career fighting poverty, helping people right here in san francisco. i'm also a father raising two kids in the city. deeply concerned that city hall is allowing crime and lawlessness to spread. now we can do something about it by voting yes on prop e. a common sense solution that ensures we use community safety cameras to catch repeat offenders

and hold them accountable. vote yes on e. things have gotten better recently, but too many businesses like mine are still getting broken into. it's time our police officers have access to 21st century tools to prevent and solve more crimes. allow public safety cameras that other bay area police departments have to discourage crime, catch criminals, and increase prosecutions. prop e is a smart step our city can take right now to keep san francisco moving in the right direction. please join me in voting yes on prop e. i think he's having a midlife crisis please joi'm not. voting you got us t-mobile home internet lite. after a week of streaming they knocked us down... ...to dial up speeds. like from the 90s. great times. all i can do say is that my life is pre-- i like watching the puddles gather rain. -hey, your mom and i procreated to that song. oh, ew! i think you've said enough.

why don't we just switch to xfinity like everyone else? then you would know what year it was. i know what year it is. israeli prime minister benjamin netanyahu is ruling out ending the war in gaza in his first remarks since receiving hamas's truce and hostage counterproposal yesterday. >> translator: there is no other solution other than this complete and decisive victory because otherwise it is just a

matter of time until the next massacre. only by destroying hamas will we have security for the state of israel. >> hamas is pushing for a three-stage plan which includes the release of thousands of palestinian prisoners, the withdrawal of idf from gaza, and a plan to rebuild the enclave. joining us now, aaron david miller, senior fellow at the carnegie endowment for international peace and former arab israeli negotiator in the state department. also with us, msnbc's ayman mohyeldin with new reporting on these talks. what can you tell us? what are the details that as we have just heard have already been rejected by bibi netanyahu. >> the proposal that hamas has countered the framework agreement that was put forth by the americans as well as the europeans when they met in paris along with the egyptian and qatar mediators basically involves three phases, each phase about 45 days long. and in the first day, hamas

would release all israeli prisoners who are under the age of 19, including those who are sick and all the remaining women, and in exchange for that, israel per hamas's request would release about 1,500 palestinian prisoners, among them 500 that have life sentences or long sentences including all palestinian women and children detained since october 7th, part of israeli operations in the west bank and what have you. that would be one part of the demand by hamas. another part was a surge of humanitarian aid trucks to the number of about 500 per day including fuel, food, and water as well as the entry of about 60,000 mobile homes, 200,000 tents for the palestinians who are displaced inside gaza, and the free movement of palestinians all across the territory from the southern part of gaza to return to various cities in the northern part as well. that would be the first phase. >> so

netanyahu, he has been consistent from the beginning. is there such a thing as a negotiation with hamas if the answer is always going to be we have to finish the war. we have to completely eliminate hamas from there? >> well, the initial phase of the negotiations in november actually worked. in direct negotiations mediated by the qataris, the americans are involved, the israelis, the egyptians. i think hamas frankly made it easy for the prime minister to reject its proposal. the idea that in the first phase the israelis would release palestinian prisoners -- and these are palestinian prisoners who are at least detained or convicted of serious offenses including killing israelis. there was also an aspect that hamas wanted the release of some of those hamas terrorists who were part and parcel of the october 7 terror search. so i think there is no question,

at least even phase one, let alone the problems in phase two, that this was not going to fly for this israeli government, and i think it leaves us in an extremely difficult position. israelis are still determined to press on in southern gaza and into rafa, densely populated palestinian areas. the prospects of another exponential rise in palestinian deaths, i think, are almost inevitable, and again, "the new york times" carrying reports that the israelis believe that 50 of the 136 hostages may no longer be alive. so again, i think this is extremely discouraging. but again, i think hamas made it easy. the real question is whether or not there is some compromise for a phase one release for an extended cease fire. that the israelis i think would be willing to accept. i'm not sure about hamas who wants a more comprehensive

proposal right now. >> you and i were talking a in the break about the ongoing horror for the families of these hostages, and we know and certainly the families believe that every day that goes by, the danger increases for the surviving hostages. what do we know about those hostages right now? >> i think very little. i think clearly this was one of the very identifiable challenges that the israeli government had early on in this war. they had made two, you know, fundamentally opposite objectives in this war. one, to destroy hamas. two to secure the hostages and to aaron's points that the mechanism that was established in november to secure the hostages has been the only mechanism so far successful enough to release the largest number of hostages, with the exception of those hostages, there was only one other israeli hostage that has been released outside of negotiations since october 7th. so what it really highlights is the challenge that the israelis have, which is you have publicly stated you have to destroy hamas, and you have publicly stated you are not stopping

until you do so, but at the same time, you have a growing israeli public that is demanding you make an effort to try and secure the release of these hostages. the prime minister has publicly said increasing the pressure on hamas helps secure these hostages. the report that we saw yesterday from "the new york times" that a fifth of these israeli hostages have been killed since october 7th would challenge that assertion by the israeli prime minister. i think that's why you're seeing the pressure inside israel continue to mount on him by the families and their relatives of the hostages who are demanding a different way to secure the release of their loved ones. >> my friend, it's been a while, it's good to see you here, aaron david miller, thanks to you as well. appreciate you both. and coming up, new reporting on the findings we expect in the investigation into president biden's classified documents troubles. but first, if past is prologue, sunday's super bowl will be by far the most watched tv show of the year. last year's viewership was something like 200 million

people. but that might not be the only record set. it could very well be the biggest gambling event in history. industry experts expect as many as 64 million people to bet on the 49ers/chiefs. that's nearly a quarter of all american adults, as much as $23.1 billion could be at stake, both with legal and illegal betting, i should add, besides who wins, there are other bets that can be placed. among them, the color of gatorade dumped on the winning coach and how long the national anthem will be. one thing that is a sure bet, more "chris jansing reports" right after this. right after this only hydrate yo? for advanced science that visibly repairs signs of aging... try olay regenerist micro-sculpting cream. it delivers 10 benefits in every jar for younger-looking skin, visibly firming, lifting, and smoothing wrinkles. olay regenerist penetrates the skin's surface, to boost regeneration at the surface cellular level

for continuous improvement. to visibly repair signs of aging, try olay regenerist. this has been medifacts for olay. rsv can seriously impact breathing, even for the best performer. protect yourself with pfizer's abrysvo... ...a vaccine to prevent lower respiratory disease from rsv in people 60 years and older. it's not for everyone and may not protect all who receive it. don't get abrysvo if you've had an allergic reaction to its ingredients. a weakened immune system may decrease your response.

most common side effects are tiredness, headache, injection-site pain and muscle pain. ask your pharmacist or doctor about abrysvo today. (avo) kate made progress with her mental health... ask your pharmacist or doctor ...but her medication caused unintentional movements in her face, hands, and feet called tardive dyskinesia, or td. so her doctor prescribed austedo xr— a once-daily td treatment for adults. ♪ as you go with austedo ♪ austedo xr significantly reduced kate's td movements. some people saw a response as early as 2 weeks. with austedo xr, kate can stay on her mental health meds— (kate) oh, hi buddy! (avo) austedo xr can cause depression, suicidal thoughts, or actions in patients with huntington's disease. pay close attention to and call your doctor if you become depressed, have sudden changes in mood, or have suicidal thoughts.

don't take if you have liver problems, are taking reserpine, tetrabenazine, or valbenazine. austedo xr may cause irregular or fast heartbeat, or abnormal movements. seek help for fever, stiff muscles, problems thinking, or sweating. common side effects include inflammation of the nose and throat, insomnia and sleepiness. ♪ as you go with austedo ♪ ask your doctor for austedo xr. ♪ austedo xr ♪ businesses go further with 5g solutions. that's why they choose t-mobile for business. pga of america and t-mobile are partnering on 5g-powered analytics to help improve player performance. t-mobile's network helps aaa stay connected nationwide... to get their members back on the road. and las vegas grand prix chose t-mobile to help fuel operations for one of the world's largest racing events. now is the time to see what america's largest 5g network can do for your business. there's nothing better than a subway series footlong. except when you add on an all new footlong sidekick. we're talking a $2 footlong churro.

$3 footlong pretzel and a five dollar footlong cookie. every epic footlong deserves the perfect sidekick. order one with your favorite subway series sub today. growing up, my parents wanted me to become ora doctor or an engineer.te 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. two leading candidates for senate. two very different visions for california. steve garvey, the leading republican, is too conservative for california. he voted for trump twice and supported republicans for years, including far right conservatives. adam schiff, the leading democrat, defended democracy against trump and the insurrectionists. he helped build affordable housing, lower drug costs, and bring good jobs back home.

the choice is clear. i'm adam schiff, and i approve this message. just moments ago, the u.s. marine corps confirmed they have found a crash site from a helicopter that was carrying five u.s. marines in san diego county. they were flying between military bases in nevada and california, but never arrived at their destination yesterday. now a search and rescue operation is underway. nbc's dan de luce is following this story for us. what else do we know, dan? >> that is the big news now. they have finally found the stallion helicopter that was last heard from about 11:30 p.m. last night after it took off from creech air force base outside of las vegas headed towards san diego, and they still haven't said about what is

the fate of the five crew members, but obviously grim news that this helicopter has been found in this very remote rural location. and of course that helicopter was flying at a moment of really bad extreme weather there in southern california with this historic storm, snow at higher elevations, rain, and this is a rugged mountainous area where the helicopter went down. but of course it also raises a lot of questions, again, about aviation safety, both for this helicopter in particular and more widely. >> dan de luce, thank you for that. meantime, nbc has learned that a long-awaited report on president biden's handling of classified documents is expected to be released in the coming days from special counsel robert hur. even though no criminal charges are expected, two people familiar say the white house is privately concerned about the report. nbc's ken dilanian has reporting for us from washington. what do we know, if anything, ken, about why the white house

might be worried? >> well, chris, white house officials have said they're concerned that special counsel robert hur, while clearing president biden of are criminal wrongdoing will make accusations of negligence or sloppiness, and i think they're right to be concerned about that because there's really not a good explanation for why classified documents ended up at the then vice president's home and office. these are documents from the time he was a senate and the vice president, and rob hur, the special counsel has spent the last year and $3.5 million investigating this question and has interviewed nearly everyone who's ever touched those documents including the president himself and his son hunter biden. presumably this report is going to lay out how those documents got in the wrong place, and that's not a great story. at the same time, the fact that they are making this report public indicates that there are no charges being filed in this case, but here's the cautionary. remember, the justice department

doctrine is that a sitting president cannot be charged with a crime. so that's a bit of a wild card. we don't know exactly what special counsel hur is going to say about president biden's conduct in this case. so the white house officials are right to be concerned. it's also worth noting, though, how different this case is than the classified documents case against former president trum who is accused of hoarding documents and obstructing justice. from everything we know in this case, as soon as they found the classified documents in the wrong place, they turned them over. the fbi collected them, and there was no effort to hide new england -- anything. that's really crucial. it may well get lost in the heat and the fog of a political campaign, chris. >> without a doubt, nbc's ken dilanian, thank you for that. >> you bet. new focus on james crumbley after his wife's historic conviction. investigators say he bought the gun used in his son's mass shooting. michigan's attorney general will join me next, why she believes

these kinds of cases will not happen again in her state. es wi happen again in her state.

(ella) fashion moves fast.

setting trends is our business. we need to scale with customer demand... in real time. (jen) so we partner with verizon. their solution for us? a private 5g network. (ella) we now get more control of production, efficiencies, and greater agility. (marquis) with a custom private 5g network. our customers get what they want, when they want it. (jen) now we're even smarter and ready for what's next. (vo) achieve enterprise intelligence. it's your vision, it's your verizon.

rsv can severely affect the lungs and lower airways. but i'm protected with arexvy. arexvy is a vaccine used to prevent lower respiratory disease from rsv in people 60 years and older. rsv can be serious for those over 60, including those with asthma, diabetes, copd, and certain other conditions. but i'm protected. arexvy is proven to be over 82% effective in preventing lower respiratory disease from rsv and over 94% effective in those with these health conditions. arexvy does not protect everyone and is not for those with severe allergic reactions to its ingredients. those with weakened immune systems may have a lower response to the vaccine. the most common side effects are injection site pain, fatigue, muscle pain, headache, and joint pain. i chose arexvy. rsv? make it arexvy. i know what it's like to perform through pain.

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. today prosecutors across the country say they are reassessing who can be held accountable when a minor commits a mass shooting. in michigan, jennifer crumbley will be sentenced on april 9th after her involuntary manslaughter conviction. she faces up to 15 years for her role in then 15-year-old ethan crumbley's oxford school shooting. he killed four students. this is the jury foreperson just

this morning talking about their decision. >> there was a point where she was asked would you have done anything differently, and she said she wouldn't have. how did that had strike you and the other jurors? >> it was repeated a lot in the deliberation room. i think that it was very upsetting to hear. i think that there are many small things that could have been done to prevent this. >> jennifer crumbley's husband james' separate involuntary manslaughter trial is now set to begin march 5th. joining me now me now, michigan attorney general dana nessel. thanks for being back on the program. we did hear from parents of some of those killed in the oxford school shooting. here's what they told us after the verdict came down. >> not a day goes by that i don't think about him, and we call his big heart, his generosity, his kindness for others. it's still heartbreaking. every day is a struggle.

>> hannah was just a bright light. she made everybody laugh. she was sarcastic, funny, and she could do anything that she put her mind to. and i just feel sad for everybody else that didn't get to know her. >> it's always heartbreaking to hear those parents, but do you think that this verdict sends a message to some other parents about what their responsibilities are, and may save others from having to go through what those folks have gone through? >> well, that's the hope, you know. i think the message sent loud and clear by this jury is first, firearms are not toys, you know, and they're not something that when your child is experiencing mental health problems to cheer him up, you go out and you purchase him a deadly weapon. so what i'm really happy about is in michigan, just next week, we have a new law going into

effect, which is the safe and secure storage law. and it makes it a crime if you fail to properly secure and store a firearm when you have a house where you live with minors or, you know, that minors are likely to freak your household: and i hope that that's going to do a lot to curtail future shootings of this nature. >> so what are you expecting now based on what you've seen in this case for james crumbley's trial? it's not exactly the same. there is, for example, the fact that he bought the weapon that was used in the shooting, but what are you going to be watching for? >> well, there's always going to be differences that sometimes are minor in terms of what jennifer knew versus what james knew. but a lot of the information will be the same, right? and so i think that james might have to think long and hard as to whether or not it's a good

idea to proceed to trial or not. and whether, you know, his coming forward before the court and perhaps admitting responsibility and guilt would be better for him than moving forward in trial, but i will say just to echo something that the jurors said who was interviewed. when i heard jennifer crumbley on the stand say that she wouldn't have done anything differently, i thought that really sealed her fate. as a defense attorney, that's the last thing that you want to hear your client say on the stand, and i'm sure that the jurors were just absolutely repulsed by it. >> i mentioned at the top that prosecutors across the country say that they are reassessing now cases and i read a lot of the local papers who talked to various local prosecutors who said that this could potentially be a game changer, and obviously it speaks to parents, but there

are people, for example, in this case, who wondered if there's a possibility of charges for school officials in other cases there have been others, big questions about whether or not others should be held culpable. does this potentially open up the doors beyond parents? i mean, i guess you could make that argument, but let's remember, this is a very extreme set of circumstances in this case. and i don't know if you can extrapolate any lessons from this on to other cases. i mean, you know, this is a 15-year-old experiencing mental health issues. they purchased him a deadly, you know, firearm. they failed to safely secure it and store it, you know, this young man was, you know, at illustrations of, you know, dead bodies, and blood. had, you know, a homework assignment that said blood everywhere. i can't stop the thoughts. the parents are brought into the

school, and yet they failed to even check to see if he's got a weapon on him. i mean, and then they flee after the incident, and go into hiding. i mean, that's a pretty extreme set of circumstances. i think we're unlikely to see that again, likely anywhere. but here's the cautionary tale, you know, if you are providing a firearm to your minor child and you are not safely, you know, storing it away where that minor cannot obtain it without, you know, your permission in your presence and something happens, you might be in a world of legal trouble. and there should be repercussions for that. >> and your state is definitely one that people will be watching to see the impact of the new law that you spoke about that requires safe storage of firearms. michigan attorney general dana nessel, thank you for being on the program. >> thanks for having me. coming up, second to none, how nikki haley came out of the nevada primary behind none of

the candidates. we'll explain after this. but first, if you'd like to see more "chris jansing reports," you can watch anytime on you tube. msnbc.com/jansing is where you'll find it. for now, stay close. more "chris jansing reports" after this. you ready for this? ♪pump up the jam pump it up♪ day ♪] you ready for this? i'm starting to think this was a bad idea. now you tell me? i just think we could find a better gift on etsy's new gift mode. what! yeah! maybe something cowgirly! oh cute! let me see! [fussing] [♪ happy birthday ♪] [burst] [scream] [gasp] [guest chatter] there's people in the cake. [guest gasp] it's a people cake! don't panic. gift easy with gift mode, new on etsy. 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. i'm kareem abdul-jabbar. i was diagnosed with afib. so, here's to now. when i first noticed symptoms, which kept coming and going, i should have gone to the doctor. instead, i tried to let it pass. if you experience irregular heartbeat, heart racing, chest pain, shortness of breath, fatigue, or light-headedness, you should talk to your doctor. afib increases the risk of stroke about 5 times. when it comes to your health, this is no time to wait. 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.

always dry scoop before you run. the hot dog diet got me shredded! the world is full of "health experts"... it's time we listen to science. one a day is formulated with b vitamins to help convert food into fuel. science that matters. so, you've got the power of xfinity at home. now take it outside with xfinity mobile. like speed? it's the fastest mobile service around... and right now, you can get a free line of our most popular unlimited plan. all on the most reliable 5g network nationwide. ditch the other guys and you'll save hundreds. get a free line of unlimited intro for 1 year when you buy one unlimited line. and for a limited time, get the new samsung galaxy s24 on us.

it's good to be back with you on this second hour of