the only republican senator to vote in favor of impeachment just handed president trump the vote in front of his supreme court nominee. >> the u.s. tops 200,000 covid deaths and will there be trick or treating this halloween? >> and elon musk. >> lights, camera, back in

action when your favorite tv shows could be back in action. >> and baby owe da, how it made the day for firefighters >> glad you're with us i'm frances rivera >> i'm phillip mena. >> the nation will begin to pay respect to the late ruth bader ginsburg today just down the street senate republicans are forging ahead to fill her seat in record time and now it appears the gop has all the votes it needs to approve a nominee. tracie potts has the latest. mitch mcconnell has secured a key swing vote here. >> reporter: right that key vote is mitt romney of utah he says he will side with the president on this. he was the lone vote for impeachment, the lone republican in the senate.

this time he says he thinks president trump and the republican leadership is on the right path to replace justice ginsburg >> where a nominee of a president is from a different party than the senate, then more often than not the senate does not confirm. when there is a nominee that is a party in the senate they do confirm. >> we have tremendous support. it's never been this unified before thank you, mitt. thank you. >> so with romney on board, this

all but kills the democrat's dissent. it was said to be justice ginsburg dying wish but there are only two republicans willing to oppose that vote. president trump says he will name that nominee saturday afternoon. he's already spoken with two of the five at least two of the five on the short list >> full steam ahead from there thank you. coming up at 9:30 eastern, nbc news will have live coverage of the casket arriving at the supreme court. cities are preparing for another round of large scale protests there is a lot of anticipation that a decision could be made about possible charges in the death of breonna taylor. we could see more cities do the same

in louisville buildings are boarded up we're there on the ground. >> reporter: no official word from kentucky's attorney general on when the grand jury might decide on charges but police are urging for an announcement any day now. >> the city of louisville is under a state of emergency anxiously awaiting the announcement in the taylor case. >> we are taking steps we feel are necessary to protect the public. >> reporter: protesters have demanded the arrest of three officers of a botched raid of breonna's apartment back in march. authorities were executing a search warrant looking for drugs. officers said they announced themselves but taylor's boyfriend says he feared an intruder was breaking in and fired his silenced gun police returned fire killing taylor

one of the officers has been fired. another two on paid leave including john mattingly he said he was still proud to be a cop adding i know we did the legal, moral and ethical thing that night it's sad how the good guys are demonized and criminals are cannonized >> it's beautiful now to have all this support from all over the world and people who have never met her. >> reporter: the city is under a state of emergency breonna taylor's family is demanding no less than second degree manslaughter charges. covid is on the rise a new analysis from the university of washington signals

that a safalse surge may be underway over 202,000 people have died. with just 4% of the u.s. population the virus affecting some of college football's prominent schools. notre dame was forced to postpone their game after seven players tested positive for coronavirus. nancy pelosi visited a field of flags and it gave a perspective on the number of lives lost >> reporter: 17 states plus puerto rico report a disturbing increase over the past two weeks. 25% or more in wyoming, connecticut, wisconsin, rhode island, colorado, new hampshire and nebraska and we don't know

if this is a bump or if this is a trend moving into the fall if it is a trend moving into the fall there's a concern the numbers could be even higher >> new restrictions in europe, including britain. >> tens of thousands of daily infections in october as night follows day would lead toe hundreds of deaths in november >> 80% of people who contract covid do develop symptoms and those who don't have as much virus as those who have been sick with halloween just over a month away, the cdc is recommending no trick or treating. recommending pumpkin carving and socially distant grab bags >> nobody below the age of 18,

like nobody, they have a strong immune system, but it affects virtually nobody it's an amazing thing. >> in march the president told bob woodward kids are vulnerable >> it's not just older people. it's plenty of young people. >> reporter: more than half a million kids under 18 have contracted covid while they do have a lower mortality rate kids can and do spread the virus to their parents and grandparents and others who are at risk the cdc remains under fire that it remains in the air but a former trump fda chief expects more interference of the cdc >> you don't get the benefit of the doubt. >> reporter: the "washington post" reports the fda will report duffer standards to approve a vaccine.

it's an effort to shore up public support with many americans saying they're suspicious of white house efforts to rush a vaccine before the election thanks for that report now to a warning about a potential of mail-in voting and a key battleground state that could have an impact on this election >> reporter: with efforts underway to make mail-in voting more accessible, a new court ruling in pennsylvania could leave tens of thousands of ballots uncounted. pennsylvania is one of 16 states requiring that voters receive two envelopes with a mail-in ballot the outer postmarked ballot and the inner one. pennsylvania state supreme court now ordering officials to throw out mail-in ballots that arrive without inner privacy envelopes.

democrat who chairs a board overseei overseei overseeing philadelphia's ballots. >> to have votes not count on oomere technicality is really upsetting. it could bring unnecessary chaos. >> reporter: the pennsylvania lawsuit at the heart of the ruling is one of the legal challenges nationwide. the decision on envelopes is part of a supreme court ruling in pennsylvania. two of them making it easier to cast a ballot and one that would make it harder for that ballot to be counted. let's turn now to the on going wildfire emergency out west the creek fire burning near fresno is now the largest stand alone fire in california's

history. only those massive complex fires made up of multiple incidents are larger the bob cat fire is the third largest ever for los angeles county more wind is on the way. >> along with that wind let's hope for some wind and weather to help it let's check in with j necessarynecessarr -- janessa webb >> i do want to focus on storm beta the flood threat is still high across southwest louisiana it will make its way into the areas of the southeast where we have 9 million people under a flash flood. it will continue its track to the southeast and the flooding threat continues to be heightened isolatedd

feeling like fall in that area still summer like though for arizona into new mexico. phoenix today 103. plenty more about that fire and rain threat for the northwest coming up. >> thank you so much we'll hear from you in just a bit. two more nfl coaches reportedly fined for not following the league's covid-19 protocol they were docked $100,000 each for not properly wearing face coverings on monday night. this week the league issued nearly $2 million in virus related fines. up next, a turbulent fight nor vice president pence as air force 2 is forced to make an

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leading the news, a midair scare for vice president mike pence when air force 2 struck a bird shortly after takeoff video shows parks right after impact the plane returned to the airport just to be safe. the vp and his entourage were not in any danger. >> reporter: in hollywood, the stage is now set on how to safely resume production amid the pandemic after four monos of negotiations behind the scenes, unions and major studios agrees to guiding principles that should help block buster movies and popular tv shows get back on

the air. >> you're going to see some of your favorite shows coming back in early 2021. >> with production houses, the cast and the crew all on the same page, nobody will share the same script. one of many new health guidelines, quarantine pay means budget costs for many studios will increase roughly 10%. while some filming has resumed the new regulations impacting some 900,000 employees could kick start production. >> what they're hoping is they've created a foundation that can keep the maximum amount of people safe and get the maximum amount of production done in what is clearly going to be a very different hollywood. >> reporter: they're hoping to offer a temporary escape from a year filled with real life drama. one positive covid case could

shut down production for weeks yet another plot twist as the skipt is still being written >> fingers crossed as some of our favorite shows can come back with some new stuff. >> when we return, the new out of this world project from tom cruise >> and tesla sends a shock wave through the auto industry. clea i tell them, it may be your detergent... that's why more dishwasher brands recommend cascade platinum... ...with the soaking, scrubbing and rinsing built right in. for sparkling-clean dishes, the first time. cascade platinum. you don't just get a bandage you get assurance that we take the right precautions to keep you safe. so you can defend your crew against the flu. get your flu shot safely from our pharmacy experts at walgreens from our pharmacy experts i can'twhat? ve it. that our new house is haunted by casper the friendly ghost? hey jill! hey kurt!

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in today's quick hits to celebrate national voter registration day michelle bobama joins to urge voters and tom cruise officially going to space for his next movie. the actor and director will be on the spacex dragon capsule for its tourist mission to the space station. >> the two-day shopping event will take place on october 13th and 14th much more to come colluding a full house reunion that will make you smile >> and firefighters get some moral support from a galaxy far, far away our extended release melatonin helps you sleep longer. and longer.

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secret stops sweat 3x more than ordinary antiperspirants. with secret, you're unstoppable. no sweat! try it and love it or get your money back. elon musk has a new car concept that's off the charts and also affordable. >> and walmart, steve joins us from london. >> reporter: good morning, we'll come to the walmart plans but elon musk, a three hour event, $25,000 electric battery vehicle is the goal and he says that's attainable within three years if they can get the cost of batteries down they think they can reduce the cost of batteries by 56%

what day do you think it is? it's actually 64 days to thanksgiving and 93 days to christmas and with that many mind holiday plans are afoot with walmart saying they've got a focus online shopping and 93 days to christmas. we better get started both of you. >> we'll have a new president. think of all those little things that are going to go on between now and then >> one would hope that all the votes are counted by christmas let's check in with janessa webb with more of the relief they're getting out west with those fires. >> yeah, good morning. finally going to see a little bit of rain. this is well deserved in this area but still there is a red flag warnings across the rockies. could see across to oregon >> thank you up next, a full house musical

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no olsen twins >> still mia maybe next time around the firefighters on the west coast, they can use all the support they can get these days and a five-year-old from oregon sent one of his favorite tv characters to help them out on the front lines. with our portland affiliate has this report. >> baby yoda is famous for something entirely different >> sasha and her five-year-old grandson were shopping for supplies to donate for firefighters >> he literally was staring right at us as if to say take me with you >> reporter: they brought the baby yoda with a letter that read thank you firefighters, here is a friend for you in case

you get lonely love carver. supply drive organizer >> there wasn't a dry eye when he dropped off the baby yoda with his note and i knew i needed to and she did just that all week long it's been going from wildfire to wildfire lift the spirits of crews on the front lines. she started a facebook page and shows him sharing a moment with firefighters >> they're keeping the note with him so it really is an emotional thing as well as like they know, somebody out there is really thinking about them. >> that was the goal of little carver and his grandma from the very start >> what makes me the most happy is the fact that it's bringing some happiness to these people that are literally putting their lives on the line. >> baby yoda providing a moment of levity at an otherwise dark

time >> thanks for that report. it's just a cool way to show appreciation for them, what they're doing right now in trying times over there. >> bringing some of the force they could use too in putting out those plaflames thank you for waking up with us. right now, we could all use some comforting words, so here it goes: melty, melty, tasty, grilly, juicy, sizzle. mmm, that should feel better. the sourdough patty melt is back. make it a combo meal for just $5.99... melty, melty.

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wednesday. i'm marcus washington.