it is good to be back with you for this second hour of "chris jansing reports." at this hour, the classified secrets in donald trump's bedroom, a judge questioning how the former president didn't notice some of the documents found during a sweep of mar-a-lago, as team trump makes a new move to get the charges dismissed. plus, multiple people killed as a tornado decimates an iowa town. piles and piles of debris as far as the eye can see, after homes can businesses were simply swept away. we are live at the scene. also ahead, the battle over

the abortion pill. the southern state now trying to criminalize it as a dangerous controlled substance. and the man charged with attacking nancy pelosi's husband with a hammer is back in court. what to expect at his state trial and the error that has the judge in his federal case calling for a redo. our nbc news reporters are following all of the latest developments. we want to begin with nbc's dasha burns in fort pearce, florida, where the second of two hearings in trump's classified documents case is now underway. dasha, things got a little heated this morning, but give us the big picture. what's going on there? yeah, it did. let me get you up to speed here. this morning, the judge heard the motion to dismiss walt nauta's case. in this motion, the defense alleges that when special counsel jack smith decided to charge nauta, he was doing so selectively and vindictively. basically saying that it was a

form of retaliation for nauta not fully cooperating with the investigation. things got a little heated with the prosecution came up to refute those arguments. the prosecutor called it absolute garbage, and at one point, the judge actually had to admonish him saying you need to calm down. so a lot of passion this morning. now we moved on to the second motion to dismiss charges against all three codefendants, so walt nauta, carlos deo live -- here the defense says the indictment fails to lay out in plain and distinct language the violations of criminal law, alleging that instead, this is a personal and political attack against former president trump. now, interesting timing here. just as we are listening to these arguments in court today, overnight there were new documents unsealed related to this case that gave us a lot of new information.

when it comes to walt nauta, we got images of him carrying boxes from a storage room and moving them. this is june 1st, 2022, this image here. this was around the same time that trump's lawyers were looking to review documents in the storage facility to look for classified materials that should be returned to the government. and the prosecution says that these images are part of the evidence to show that nauta was part of a conspiracy to hide classified documents from the government. the other piece of information that we learned and you teased this a little bit in your intro, chris, is that when he learned the former president still had some classified materials in his bedroom at mar-a-lago months after the fbi searched mar-a-lago, and the judge overseeing those proceedings wrote, there's quote no excuses provided as to how the former president could miss classified marked documents in his own bedroom. all of this information newly

unsealed. not all of this is going to be addressed today. the judge here, judge cannon has been taking each motion, each piece of this process really one step at a time, which is why the time line here has been so slow, and now, we're not necessarily expecting anything to really move forward here in terms of a trial until after november, chris. >> dasha burns, thank you. let's go to iowa now, where the damage from a tornado outbreak is truly horrific. nbc's shaquille brewster is on the ground in greenfield where multiple deaths have been reported. that town, i mean, to say it was hard hit is an understatement. what can you tell us? >> reporter: yeah, well, chris, we just learned exactly how hard hit it was. we just learned from the national weather service that based on initial assessments, it was at least an ef 3 tornado. that means there were those wind speeds exceeding 135 miles an hour, as it tore through this town. the devastation so extensive, so widespread that they're keeping us out of town.

you can only go inside with the police escort. i went through, and you see what you're looking at on your screen right there. you saw homes completely removed from their foundations. cars flipped over, i talked to a lady who was stuck in her basement, trapped in her basement for about 45 minutes until she was rescued by both family members and first responders. i want you to listen to what we heard from the governor during an update this morning? >> it is still a search mission as far as we're looking to make sure all residents are accounted for. when we have this many homes that have been destroyed and just fully demolished. >> it is just horrific. it's hard to describe until you can actually see the devastation. >> reporter: you hear officials say this is still a search mission. they're saying, or at least they're not specifying how many people were killed. just saying that multiple poem

people were killed, multiple people were injured. this is all part of a system that's responsible for nearly two dozen reported tornadoes yesterday alone. not just here in iowa. we also know reports in nebraska, in wisconsin, in illinois. this is a system that is now making its way east, threatening people all the way from texas all the way up to upstate new york. chris. >> shaquille brewster, thank you. in louisiana, state senators will now take up a bill that would classify abortion pills as dangerous controlled substances. opening up the possibility of prison sentences. nbc's hallie jackson is following this story for us. what are the details of this bill, and what are the chances it gets signed into law? >> hey, good to be with you. what are the chances this gets signed into law? pretty good, right. it goes to the state senate this afternoon. they have to reconcile the bill essentially before it goes to the governor's desk. he is expected to sign it into law at some point, which would

make louisiana the first state in the country to essentially criminalize these two key abortion drugs in this manner, by reclassifying them as controlled dangerous substances, in the same category as depressants such as xanax. what are the details of this bill. it has this reclassification attached to the bill itself. the bill's author talked about how he brought this forward because his sister, and stay with me here, his sister was essentially slipped an abortion drug without her consent by her then husband who was sentenced to prison time after pleading guilty to a lesser charge involved in this. his intent is so bad actors can't do something critical. critics say this is a slippery slope. and some include doctors in the state of louisiana. 280 of them have signed on to a letter that suggests this is not

scientifically sound. it is not based in science. they point to the maternal mortality rate in louisiana, and could create confusion and misinformation for patients. these drugs are used in many instances, beyond abortion access, for example, to induce labor. they're used to manage miscarriages as well. there's real concern here about what this could do. pregnant women who have a valid prescription are allowed to have access to these drugs. keep in mind, louisiana has some of the most restrictive abortion laws in the first place, not medication abortion, not surgical abortions new york city -- no exception for rape or incest, only the life of the mother. what happened in louisiana is a blueprint moving forward. >> hallie jackson, thank you. jury selection is underway today in the state trial of a man charged with attacking paul pelosi with a hammer. while this trial gets underway,

there's an issue with sentencing on federal charges. get us up to speed. >> reporter: that issue essentially breaks down to human error. let's go back to last week, it is the sentencing of david depape, sentenced 30 years for the assault on paul pelosi, the attempted kidnapping of nancy pelosi. the court by way of the judge by law has to ask the person being sentenced if they have anything more to add during the hearing. are they remorseful, is there an apology that will be issued. do they have a bomb shell that will influence the sentencing. apparently that didn't happen. by way of prosecutors being good citizens, they file a motion to the judge. the judge reads a motion, bringing to their attention, and say, yeah, i screwed up here. there will be another sentencing happening in about six days or so, a re-sentencing, if you

will. the question is will anything change. will this influence maybe create a new sentence? it is very unlikely based on the severity of the crime, the overwhelming evidence, including video evidence, statements that depape has made. statements that the judge has made about depape, unlikely that any of this will change. remember, this is on top of the state trial happening now. jury selection underway. five charges amounting to life in prison if he's convicted. all of this with new resentencing happening in six days. >> steve patterson, thank you. we are following tragic news out of pennsylvania where two people are dead, three others injured after a workplace shooting in chester. it happened at a family owned linen business with officials describing the suspect as a disgruntled employee. the local d.a. told our affiliate what happened today is everyone's worst nightmare. >> they came to work to live the american dream. they came to work to work hard, play by the rules and get ahead

in their lives, and today, two of them are laying on the ground dead, three others are in the hospital, should never have happened. >> officials say while the suspect had had issues with colleagues in the past, there was nothing to suggest a shooting was possible. in 90 seconds, the judge getting ready to issue critical jury instructions in trump's hush money trial. we'll talk to the attorney who helped prepare michael cohen for the stand on whether he thinks his testimony will determine the outcome of this case. e of this e (vo) dan made progress with his mental health... ...but his medication caused unintentional movements in his face, hands, and feet called tardive dyskinesia, or td. so his doctor prescribed austedo xr— a once-daily td treatment for adults. ♪as you go with austedo♪

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today the judge in donald trump's hush money trial is likely working on critical jury instructions after telling lawyers that he'll have a draft for them by tomorrow to help them prepare for closing arguments coming up next tuesday. and while a guilty verdict would require the jury to unanimously agree that trump falsified business documents to commit or conceal a crime, the judge has already decided it doesn't matter if the jury has different opinions on exactly what crim trump was allegedly trying to cover up. joining us now, one of the attorneys that helped the star witness, michael cohen, prepare for his testimony, joshua cole. good to see you. let me ask the big picture question first, how important are the jury instructions as far as what happens at the end of the trial? >> they are quite important. they are the instructions by

which the jury will understand how to apply the facts they have heard throughout the course of the trial to the law. it's the last word the jury will hear before they go to deliberate, and that's why the arguments we heard yesterday, they're quite technical, a bit wonky, they are incredibly important, there was a lot put into this by the defense attorney, emil bove, putting that before judge merchan. what we hear tomorrow will be important in analyzing what we hear in closing arguments. >> michael cohen, you spent a lot of time with him, his testimony has been the subject of much debate, widely praised in some circles. on the right, a lot of people said it was a disaster, they literally used the word disaster. let me ask you quickly about things they say was a disaster, start with the $60,000 from the trump organization he admits he stole, and say this shows you a guy that can't be trusted. one more piece of evidence. >> they say he admits now.

the only reason the defense knew about this in the first instance is michael wrote about this in his book four years ago "disloyal," he has been on a journey, of making amends, telling the truth about what happened, even some of the checkered things that happened, things he may not have been proud of. he felt aggrieved and upset when his bonus was cut by 2/3. it may not have been his proudest moment, but it was something he was forthright about. it speaks to the credibility he walks into the courtroom with that he can fully reckon with all of the events that happened, and speak about it openly and honestly where it will allow someone like trump's defense team to be able to use that against him from his perspective. >> you talk about a journey, clearly in the closing argument, the defense is going to say, that journey was about making money. that's all michael cohen wanted to do then, and all he wants to do now. get at donald trump, and make money off of it. >> yeah, well, you know, it's interesting. most cooperators have some

reason to testify. usually they have something like their liberty at stake or their family's liberty at stake if they're a cooperating witness here. michael cohen has served his time. he went to prison. he's not on trial here. he's here to tell the truth about what happened and to continue to tell the story that he has been telling for the past six years. obviously, he has a certain feeling about donald trump. i think anyone who's gone through what he went through would have a certain feeling of animus or frustration with the former president. but acknowledging that goes directly towards why he was such a powerful witness in this trial. >> all right. let me ask you about what may be a very key point, a 96-second phone call, that first of all, the defense says was too fast, but also that it was about a conversation about harassing phone calls that michael cohen was getting from a 14-year-old. of course his testimony is that

he was updating donald trump on the hush money that was paid to stormy daniels. how can a jury possibly say, which of those stories to believe. there is no unimpeachable fact, right, that shows us what that conversation was about or is there? >> here's what we know. we know to start with that the way michael cohen and donald trump spoke to each other was very brief. they were able to accomplish a lot in a short period of time, even on the most sensitive matters and the jury heard that for themselves on the recording when they were discussing the karen mcdougal matter. >> they could have talked about it fast, but who's to say that's what they talked about? >> michael cohen is. he's been completely insistent that he spoke to donald trump on that day, spoke to him throughout that period of time. you know, it's very common for a witness to be refreshed about a recollection when they see text messages or something like the text messages he was shown during the cross-examination about the 14-year-old kid.

there's nothing inconsistent about the testimony he gave on direct examination that he spoke to donald trump to basically say we're going forward with the stormy daniels matter. that's in sum and substance, and to speak quickly with keith schiller and say i'm getting these harassing phone calls, what should i do. and schiller says, send me the message, i'll send to michael cohen. we saw the picture of trump and schiller together, just mere minutes before the call happened, which shows exactly, a, the common way that schiller and trump were next to each other all the time, cohen would have known that. and b, the inference is quite clear about what could have happened. oh, he lied. oh, there was some kind of half truth. i think that's overstating it grossly. his memory was fully refreshed on cross-examination, and one more point, i would make, chris, that's just worth noting. the only reason the defense knows that is because they were

given the information from michael cohen's phone. he voluntarily handed the phone over as part of the investigation. so, you know, there was much adieu about it. it was a moment. todd blanche certainly made a lot of it. i saw that in person sitting a few inches away from him. >> did it give you pause? >> no, it didn't. >> honestly. >> yeah, honestly, because what you saw, particularly if you were in the room, and i think the jury saw as well is that michael cohen wasn't flustered. as soon as he saw the text messages, he recalled what happened, yes, of course, i spoke with keith schiller about those things, and i also spoke with the boss to move forward with the stormy daniels matter. i think what the jury will come away from the entire exchange is how unflappable, how consistent, how calm, how seriously michael cohen took the entire testimony, and even in that moment, which some were calling oh, it's a perry mason moment. if it was a real got ya, it would have rocked michael cohen,

and i think the jury understood that. we've got to go, i wonder if you can tell us if cohen is following the proceeding since he left the stand, and how is he feeling going into closing arguments. >> you know, frankly he's exhausted. it's been a long time for him. a lot of stress on him and his family. he's reconnecting with his family, resting, taking time for himself, well deserved time for himself and getting through the week. he deserves that if anything. >> joshua cole, thank you for coming in. we appreciate it. still to come, call it the costco defense, how a codefendant in bob menendez's bribery case is trying to explain the gold bars seized in the investigation. investigation. [♪♪] feeling the breeze instead of feeling congested. [♪♪] fast relief of allergies with nasal congestion, so you can breathe better. claritin plus decongestant. live claritin clear®. today, at america's beverage companies,... ...our bottles might still look the same... ...but they can be remade in a whole new way.

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we have some breaking news out of the united kingdom. prime minister rishi sunak in a surprise announcement calling for a new general election this summer. nbc's josh lederman is reporting from london. what did he have to say about this decision? why now? >> he said he would fight for every vote in the election. it's going to be an up hill climb for conservatives. most polls are showing the conservative party is down about 20 points, and frankly, some of the conservatives have essentially acknowledged defeat for their party in this election is almost inevitable at this point.

you could kind of sense that in the mood outside downing street where you had the prime minister standing in the pouring rain, being drowned out by protesters sending a labor campaign sound as he was making his announcement. the timing has been a shock not only in the uk but in the u.s. where white house national security adviser jake sullivan just had this to say about it. >> i confess that i was surprised to see it today because i think it was not expected announcement but i don't have any real comment on it because i'll leave it to the uk to deal with their politics while of course the united states deals with its politics. we have a very strong, maybe that's an understatement, partnership and alliance with the uk, regardless of elections, regardless of prime ministers, so, you know, we wish them luck in the conduct of their election, and we'll be here as the united states standing with the uk through it all. >> and, chris, part of the problem politically for sunak and his party is they have fallen short on promises,

reducing wait times in the national health service, dealing with the flow of asylum seekers showing up in the uk. one reason that he may have decided today was the right time to call for elections, we got positive economic figures early in the day. showing inflation has dropped in the uk, significantly to 2.3%, which is the lowest level in several years. sunak may be calculating that now is the best chance he has to stay in power. >> josh lederman, thank you. meantime, the jury in senator bob menendez's bribery trial, about the alleged scheme to trade political favors for a mortgage payoff. menendez's girlfriend and now wife was facing foreclosure on a new jersey property when a company took care of the more than $23,000 payment for her. and they allege that was among the first of many payoffs the couple received. the senator for his part

maintains his wife kept him in the dark about her finances and any help she may have solicited. joining me is tom winter, and former federal prosecutor and msnbc legal analyst, paul butler. there is another trial we have been following so we haven't spent a lot of time talking about bob menendez, bring us up to speed. >> we're talking about the trump trial. a lot of details we have reported over the past five, six, plus years. we're getting more of the intricate details of the schemes prosecutors allege took place here. we should note that the senator, his wife, and two businessmen charged alongside menendez have pleaded not guilty. we have been hearing from the former in-house counsel, the attorney for the mead company, he questioned the terms o. agreement in a potential employment contract for nadine menendez when she was then the senator's girlfriend. another thing we heard about

yesterday was a master class from somebody who used to work at the state department who testified about how the appropriations process works, the kind of details that we really never get into, and the back and forth between the state department and congress and how this all comes together. the reason for eliciting that testimony, according to the transcripts and what the prosecutors have laid out is to pinpoint just exactly how powerful the democratic senator from new jersey bob menendez is or was when he was the chair of the senate foreign relations committee. and the type of power that he has over the purse strings, as far as from a practical standpoint, and also from a better not cross congress standpoint if you're at the state department, as far as the money that would go to egypt. so they're focusing initially on this scheme, what was going on with egypt and the company in new jersey, and alleged payments to obviously nadine menendez and also for the senator's benefit

as el. >> how much might it matter that nadine menendez never mentioned her husband's name when she was going for the alleged payoff. >> she didn't mention it to the lawyer who was the bagman, apparently the person who was the authority who gave the go ahead for the money. she or he knew what the deal was. they were friends, he and mrs. menendez, before she was married to the senator. and when the marriage happened, folks who knew her looked at this as an opportunity for them to get rich. >> paul menendez's attorney argued that he was unaware that his wife had gold bars and that the jury shouldn't judge someone who they live with. is that a believable argument, wife didn't know what the husband was doing, husband didn't know what the life was doing. does that fly? >> a couple of days ago, we had

the prosecutors handing out the gold bars. a prosecutor rule, if you got gold bars, you got to let the jury handle them. >> unofficial but it's a rule. the defense is he didn't know the gold bars were there. they're being, ostentatious, and there were 12 of them. 13. 12 were found in the home. after one of the meetings where they arranged the deal, according to prosecutors, next day, the senator googled gold bar, one kilo, wanting to know the price. >> it was also interesting and truly you can't make this stuff up that one of the lawyers for one of the codefendants, tried to down play the significance of these gold bars by saying you know what, they were just generous gifts to a friend, and you could go to costco and pick them up. costco is seeing a surge in people buying gold bars. what do you make of that defense? go ahead, paul, i'm sorry.

you're the legal expert. going. >> one of his defenses is the wife did it, and again, it helps that now there are separate trials. a tragic reason why because the wife has serious health concerns. >> she does. this would be a difficult defense to blame the wife if she were in court. another one of the defenses is that what he was doing for these folks wasn't being on the take, it was constituent services. it was part of his responsibility a senator to help his folks get these kinds of contracts that the prosecutors say he was on the take for. >> this showed up again just last week. a long time ago, right, some people are saying at least a month more maybe? >> probably will take up the balance of june, extending to deliberations in early july. one of the things we're going to hear more about is the egyptian scheme to get it an overarching name. we'll hear more about that. prosecutors have more work to do to tie the senator to as we have been discussing at the table,

and move on to the qatari scheme, and of course there's a cooperating witness in the case who was initially charged, pleaded guilty, and expected to provide testimony, and that's uribe, so we're going to hear from him sometime here in the next week or two. expected. and that promises to be obviously interesting testimony, if in fact, prosecutors and the jury believes and he can walk them through this entire alleged bribery scheme. >> tom winter, paul butler p much more to come. thank you both, guys. appreciate it. >> still ahead, the d.a. prosecuting donald trump in georgia pulls off a primary win. the message fani willis delivered to voters after month s of republicans attacks. and the former federal prosecutor sits down with my colleague, joy reid, nathan wade's interview will air tonight on the reidout at

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fulton county d.a. fani willis just cleared a hurdle after months of fending off attempts to get her removed from donald trump's georgia election case. willis survived a democratic primary challenge last night easily getting 87% of the vote, an even larger margin than when she first ran four years ago. here's her take on voters. >> tonight, they delivered a

strong and a powerful message. they want a district attorney that believes everyone deserves to be safe. and everyone is entitled to some dignity. and it's a message that's pissing folks off, but there is no one above the law in this country, nor is there anyone beneath it. >> and the judge in trump's georgia case also had a big win last night. judge scott mcafee who was appointed to the bench last year. one in a nonpartisan election. now he gets a full four-year term. i want to bring in nbc news senior political editor, mark murray, and susan del percio, republican strategist and msnbc political analyst. four years ago, susan, fani willis got 71% of the vote in her primary. this time, 87%. how do you, i mean, when you look at everything that she's gone through, the attacks that

she has been the target of it, how important was it for her to run up the numbers? >> it was really important to show that basically the citizens of the county have faith in her, and that you can trust the legal system when you're going in there. donald trump, he may not like having to face her, but he will have to do that, and knowing that she has the community behind her. that's the time, if you had a problem with a prosecutor, that's when you get rid of the election day. this number was huge. >> this sets up an interesting contrast in the november general election. talk about her opponent? >> the opponent is courtney kramer, a republican, a member of the litigation team that was doing some of donald trump's post election challenges in georgia after the 2020 election. she has wanted to take the case on 2020 to fani willis. but do note, chris, that we're talking about fulton county, which is one of the most democratic-leaning areas in all of georgia. joe biden ended up getting more

than 70% of the vote in 2020 in that county. any republicans, though aligned with donald trump, and those not aligned will have very tough sledding in that county come november. >> meantime, a special election mark in california gave republicans a little more pad for their narrow house majority, a protege of kevin mccarthy, who had the endorsement of donald trump, won the race to phil mccarthy's seat. how big is this for the party? >> the candidate who ended up winning, vince vaughn is a former staffer and aide to kevin mccarthy, he ended up winning in a republican on republican race in california's top two system where the top two candidates, regardless of party, advanced to special elections, and you ended up having in that case, it was two republicans who did advance into the top two. and when fong gets sworn in, he will give republicans a 218 to

213 majority, such a slim majority for house republicans, but they have just a little bit more breathing room than they did before this. >> you wrote a really interesting piece, susan, for how to win 2024. you jumped ahead to 2028, talking about people like nikki haley, ron desantis, and chris sununu. and you write, in politics, we talk about how to win. if you're a potential republican candidate thinking about the future, these days you might be more focused on how not to lose. explain what you mean? >> well, when you look at the 2028 election, we're going to say who came out of 2024 the best off. it's a delicate balance because these candidates, well, so far nikki haley has not, but you have to embrace trump, but you can't go full trump. they don't want to. they're doing the bare minimum, saying the endorsement. i think nikki haley will be different. i think she's going to go all in, endorse him, make a deal. >> you do? >> i think she, the account that

she hasn't done it yet, tells me she's probably looking for a deal, being the speaker during the convention, and that's when she unites the party. >> she's the perfect person to do that for trump. and she does it once, she's done, she has checked that box with trump voters. >> she checked the box with trump voters, does she lose the middle? >> again, 2028 is a long way away. we have to get to 2024. but i think that's her move to really be the leader and the designee for lack of a better word or who we think of as a designee for 2028. >> mark murray, susan del percio, good to see both of you, thank you. in case you missed it during the segment, you can scan the qr code, there it is, sort of in the middle of the screen right now. to sign up for the how to win 2024 news letter. that gets you expert analysis,

key race alerts and they come right into your inbox from susan and other analysts you know and trust. south carolina is the 25th state in the country to restrict or ban gender affirming care for minors. it's a move that leaves virginia as the only state in the south to still offer those services. the bill signed by the governor prohibits gender transition surgery, hormone treatments and puberty blockers for patients under the age of 17. is requires principals alert parents if a child uses one different than their legal one or pronouns not matching their sex assigned at birth. two georgia elections workers who had their lies torn apart by his lies. >> this has affected my life in a major way, in every way. all because of lies. >> i have lost my name, and i've

lost my reputation.

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hi, i'm greg. i live in bloomington, illinois. i'm not an actor. i'm just a regular person. some people say, "why should i take prevagen? i don't have a problem with my memory." memory loss is, is not something that occurs overnight. i started noticing subtle lapses in memory. i want people to know that prevagen has worked for me. it's helped my memory. it's helped my cognitive qualities. give it a try. i want it to help you just like it has helped me. prevagen. at stores everywhere without a prescription. newly released video shows the moment when a south carolina school bus veered off the road and crashed into a mobile home. look at this last month. highway patrol says the driver was navigating a turn when she lost control, rammed into a mailbox, a fence, and ultimately, that trailer. the school district says the bus

driver was given a ticket for going too fast and is no longer employed. elvis fans have nothing to fear because foreclosure of his iconic graceland estate has been put on hold. a judge halting the sale saying the designated historical landmark is unique and its loss would be considered irreparable harm. lisa marie presley defaulted on a loan and graceland was collateral. the judge sided with the presley family saying her signature borrowing $8 million is fraudulent. ford says graceland brings in $10 million a year, part of the elvis estate's annual earnings of over 100 million. the property is the second most visited private residence in the united states behind the white house. there are major new accusations that evidence was deleted in the case involving a voting machine company. conservative media outlets and former president donald trump's

false claims about rigging the 2020 election. nbc's sarah fitzpatrick is reporting on this. so all of this centers on that voting machine company, right? smartmatic and their defamation lawsuit against news max. talk about the claims here. >> absolutely. so lawyers for smartmatics allege in court documents made public this week, that newsmax engaged in a quote cover up by destroying texts and e-mails of key executives, that would demonstrate that the network had knowledge of the voting fraud claims that were being pushed by former president trump and his allies at the time were untrue. the filing references specific texts that were sent by the ceo and others at the company that it claims were deleted and that the company became aware of these communications because they showed up in other potential witnesses electronic material. smartmatics says that the deletions occurred after newsmax employees had noticed to preserve the evidence for a pending suit. which was a major no no in legal

circles. newsmax told nbc news that their categorically deny all the allegations in the filing. the case is expected to go to trial this september, which would ensure that the false claims that were at the center of the last presidential election are still going to be discussed as we're heading into the 2024 election this fall. >> i think a lot of people probably remember that fox news agreed to pay another company $787 million over similar claims. could we be looking at something possibly that high here? >> it's possible. in part because dominion was a voting system company that operated in a relatively small number of municipalities at the time, and smartmatic is a much, much larger company that operates all over the world, and therefore, the lost business opportunities that judges and juries would take into account when making a decision about potential damages, they're just that much bigger. i think it's important to note that defamation suits, especially against media organizations are historically

very difficult cases to bring and very difficult cases to win in the united states. so we're going to have to wait and see if it ever reaches that point. sarah fitzpatrick, thank you so much. well, five months after a $148 million defamation ruling, rudy giuliani has finally agreed to stop accusing two georgia poll workers of election tampering. the agreement, filed in federal bankruptcy court comes after giuliani pushed bogus claims that ruby freeman and shaye moss brought in suitcases of fake votes for joe biden. jane tim joins us now. what else are we learning from the new court filing? >> the power is in the pursestring after the judgment in d.c., it's in bankruptcy court in new york where giuliani has finally agreed to stop making claims about these two georgia election workers. they went to the bankruptcy court proceedings and said, look, you know, giuliani is

using the court system to manipulate it and using it in bad faith because he's pursuing an appeal he's going through chapter 11 bankruptcy proceedings. they argued he was playing the judicial system against itself, and pointed to the fact that he was still talking about them in public spheres, talking about them in a live stream in april where he said he had evidence. they had counted ballots twice. there's no evidence they did anything wrong in their work as election workers in atlanta. but as we see, he's agreed to stop talking about them, defaming them, and agreed to have the court continue to force this. >> it's a question in the age of disinformation and outright lying, how much will it take to get people to stop telling lies. let me tell you about other election workers around the country because there has really been a chilling effect from watching this unfold. >> yeah, the turnover we see in

election workers, all the way up from people like ruby freeman who was a volunteer poll worker, worked for a day or a couple of days to count ballots to people like shaye moss, who was staffing that office. when i think about atlanta, all four county election directors in the atlanta area, they are all new this year. in 2020, they're completely different people. so the turnover is really big. when we talk about turnover, it isn't always a bad thing. it's a normal thing. when you have a lot of people changing, you lose institutional knowledge. this isn't just election directors, it's down to people like shaye moss, in one office, i talked to somebody who said that, you know, he knew he was new, and he said 15 out of 17 staffers are all new from 2020. these are people who have never won a presidential election in some cases. it's hard work, and it's going to be a challenge with all eyes on them in november. >> you can see where that would have a little bit of a domino effect, right, jane, because things do happen.

every polling place, questions are raised, whether it's by a poll worker or somebody who comes in to vote. if you don't have experience, and you don't have anybody else necessarily who has that kind of experience, it slows things down, can cause questions. as we know, sometimes questions can get blown out of proportion. >> i talked to one official who said there's no one to ask. i have been doing this for a couple of years, and i'm the most senior person i know. >> great reporting. thank you so much for coming on the program. appreciate it. that's going to do it for us this hour. join us for "chris jansing reports" every weekday here on msnbc. our coverage continues with "katy tur reports" next. r repor. . 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.

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