berkeley researcher says it appears white. it's so large, it could swallow the earth. >> incredible. barren farmland, the impact our climate in crisis is having on agriculture in the bay area and beyond and how this could soon affect your family's bottom line. >> we don't know whether or not this is an intended effort by kaiser to try to get people either to stop testing or pass on some of those costs. >> kaiser permanente facing a new class-action lawsuit. the claims patients found surprising charges for, after taking simple tests and the health care provider's response. new fallout from the fbi's search of donald trump's mar-a-lago home. now his attorney says his constitutional rights were violated. we're live in washington with the details on that new legal action. this is "today in the bay."

we're streaming live on roku, amazon fire, apple tv, and online. thanks for joining us this morning. i'm kris sanchez, in for marcus washington. >> and i'm laura garcia. we'll check in with mike who has an update on the road conditions before you head out the door. let's start out with a look at the forecast. how do we dress today? >> depends where you are. along the coastline it's been chilly there. we've had some fog. if you're inland and getting ready for school today, in livermore, we start out at 61 degrees but then look at how much hotter it's going to be at the time that last school bell rings. we go from low 60s to 90 here today, and it's going to be nice and sunny as well. take a look at all of our microclimates, and our high temperatures, napa headed up for 85 degrees. 71 in san francisco and san jose reaching 81 degrees, with some low to mid-90s for our interior valleys. we'll check out what's ahead. mike, you've been tracking a crash. what is the update? >> it's been a while but still on the grid westbound highway 4.

the motorcycle crash, i did report chp said riders walking around is one of the big concerns, when a motorcycle is involved. everything was in the center divide. it's just adding to the slower drive we expect out of antioch and into bay point. not a big deal once you get in toward concord. great news for 680, 242, slow for highway 37, and the bay bridge toll plaza, where the metering lights are on the last five minutes have seen traffic stacking up past the parking lot. unusual slowing north 87 come up toward north 101 where they joined unusual slowing there as well. we don't know why but to note it's starting to move better. >> 6:02 right now. a new eye-opening look at the devastating impact california farmlands have on our climate in crisis, a huge jump in the amount of agricultural land sitting barren due to relentless drought conditions. zblts >> it's hard to look at. bob redell, this is a latest

sign of how deep the drought is affecting farmers. >> reporter: this is evident drying through the central valley, there is a better chance you see land like this behind me, fields of brown grass, dead and unplanted because of the drought or lack of water. according to a new report by the u.s. department of agriculture over a half million acres here in the state of california remain unplanted. as you can see by the numbers compiled by "the chronicle" broken down by acres fallow. in other words, left unplanted, so the soil can't rejuvenated and acres left unplanted because of natural disasters like the drought. from 2020, less than 200,000 acres unplanted in the state of california, last year around 350,000 acres to now, which is over 500,000 acres. that's an increase of 36% since last august and "the chronicle" cites an agricultural economist who believes the number of acres

for this year will increase as the drought worsens with no rain in the forecast and will lead to a steeper drop in the production of crops like alfalfa, rice, cotton and wheat. according to the california farm water coalition, the drought will cause more than $3 billion in negative economic impact this year and all this could eventually affect our bottom line when it comes to food prices. reporting live in livermore, bob redell, "today in the bay." >> all the way it's going to trickle. alfalfa, can't feed the cows, am amazing. thanks, bob. kaiser health care members might want to take a second look at your medical bills. a provider this morning is facing a new class-action lawsuit which claims patients were unknowingly charged for covid-19 tests. attorney brian devine filed that lawsuit two weeks ago in alameda county. his client contacted him after visiting kaiser for a routine covid test. the health care provider billed

the patient $310. it alleges kaiser conducted a multiplex test which can detect both the covid virus and the flu. the charge was applied to the flu test. devine says others have reached out to him for the same reason. a >> last representative was tested in sacramento, we have heard from people who were tested in sonoma county. we've heard from people who were tested in san francisco, and received bills, so this does not seem to be just an isolated incident. >> in a statement, kaiser writes "its its policy is to not charge for covid tests, even a multiplex covid flu test. the provider is reviewing allegations promising to make fixes if a technical error is found. a follow-up, a bay area safe injection site supporters are considering other alternatives after governor newsoalwed it fo.

the governor announced his decision last night. the bill called for a pilot program in san francisco, oakland and los angeles. in his announcement, governor newsom stated in part, "i have long supported the cutting edge of harm reduction strategies. however, i am acutely concerned about the operations of safe injection sites without strong, engaged local leadership and well-documented, vetted, and thoughtful operational and sustainability plans." developing right now, new fallout from the fbi search of former president trump's mar-a-lago home. trump's legal team is citing constitutional protections in a 27-page motion filed ahead of the release of the affidavit. "today in the bay's" brie jackson is live in washington. what else do we know about this filing? >> good morning, kris. this is a first filing by former president trump's legal team since the fbi searched his florida home two weeks ago. in the motion, they called the

search a shockingly aggressive move and asked for materials not covered by the search warrant to be returned. former president trump's legal team is requesting what's known as a special master to review the documents seized from mar-a-lago. >> we need an impartial, that means not republican, not democrat, impartial special master to go in there, take a look at what they eased. >> reporter: the justice department says the august 8th search warrant was authorized by a federal court upon the required finding of probable cause. >> the justice department, unlike donald trump only speaks through court filings. >> reporter: the trump team's filing also lays out new details about the investigation. on august 8th, when mr. trump's lawyer was notified about the fbi search, a heated discussion ensued. the filing reveals the phone

call from an unnamed trump lawyer to the justice department on august 11th, delivering this message. "president trump wants the attorney general to know that he has been hearing from people all over the country. the heat is building up. the pressure is building up." >> there could be negative repercussions in terms of perhaps feeding a narrative something is being hidden from the public. >> reporter: as public interest in the investigation intensifies, a federal judge indicates he may not unseal much, if any, of the affidavit used to justify the unprecedented search. >> the judge is putting a very fine point, a very clear exclamation point on an argument that the government raised, which was, look, people can really be harassed and intimidated here. >> reporter: the doj has until thursday to submit redactions to the document. a federal judge also acknowledged there may be so many redactions to the fbi affidavit that it could make the document meaningless if released to the public. kris? >> all right, thank you very much, brie. >> it is 6:08 on your tuesday

morning. a live look outside, a foggy start to the day in the city by the bay, san francisco, this morning. kari says a little something for everyone, depending on where you are in the bay area. >> that's the way it's been. that's the way it continues to be with fog near the coast and we are going to start out with clouds around the bay area. a live look outside in oakland, it's the busy start to our tuesday morning, time to get up and moving. we're at 60 degreesnd it is quite breezy as we go through the rest of the morning,he clouds gradually start to clear up and we'll head for the low 70s. look aour high temperatures for today, oakland heads for 78 degrees. napa reaching 85. 96 in fairfield and some low 90s for morgan hill. san joseeeps a comfortable 81 degrees. all of these temperatures a little cooler compared to yesterday and will continue to cool off. mike, you have a look at where we can find lower gas prices.

>> a little sampling. marin gas in larkspur on magnolia avenue, gas there for $4.69 a gallon. arco in san francisco, gas for $4.95 a gallon and amidor valley boulevard in dublin a valero at $4.79 a gallon. on the roadways some good options as well. i want to take you to the south bay, i figured this out, should have known this. i went past it. construction is going on de la cruz and trimble. the off-ramp by the airport with 101, 87 in the area, all that crew they should have been clearing as we saw that slower drive. there you go, that's going to be there likely off and on overnight for the rest of the week. note for some slowing and possibly that trimble off-ramp from south 101 might be blocked because they're paving and working on the roadway. improvements but you got to slow for the zone. back to you. >> as always, worse before it's better. seeking new alternatives, next on "today in the bay," apple scouting a possible change of venue for the production of

its latest iphone. we'll tell you why china may not be a reliable source for the silicon valley giant. and a whistle-blower's warning about twitter. we'll tell you all about it and the futures. remember yesterday we got just a drupbing on the market. a 100-year legacy, the tribute this flight crew made to celebrate an historic figure when we come back.

good tuesday morning to you. it is 6:13, as we take a live look outside in san jose, it is a cloudy start, and we can see the marine layer just rolling inland. we know that's what helps keep our temperatures down. so we start out cloudy at 63 degrees now and once the sky clears out, it's going to be a very nice, comfortable, beautiful sunny day and we will see those temperatures coming down, but some of our valleys still hot. we'll check that out in the forecast coming up. >> looking at the san mateo bridge westbound moves smoothly but all the way on the right side, the flashing lights, first a disabled vehicle and now i believe the tow truck also lend whatever assistance they need. it's all out of lanes but in your view so a distraction as you leave the toll plaza headed west. we'll show you what else is slowing coming up. good morning, happy tuesday to you.

tesla splits its stock tomorrow. the big story overall is the stock market. you won't see this much longer. the s&p 500 had its worst performance in months, the dow is down nearly 2%, the nasdaq down 2.5%. the euro has fallen against the dollar again. a euro is worth about 99 cents, a two-decade low, that is great if you are traveling to europe. it's lousy if you are trying to sell things to europe. our strong dollar or their weak euro makes american goods much more expensive. a new cnbc poll shows a vast majority of americans worry student loan forgiveness will make inflation worse. they're probably not wrong. if people are paying an average of $600 a month to pay back loans, they will spend it out on other things g out to restaurants, buy things. the white house now has nine days before the student loan repayment suspension expires and we have no idea what they're gonna do. we haven't heard anything.

the former head of twitter securities says twitter is not secure. in a whistle-blower lawsuit, pierce zatco says twitter does not always delete user data wn the user deletes her account and the twitter is vulnerable to foreign agents. "the washington post" and cnn were the first to report these accusations. former president of security was fired by twitter's new ceo. zatko says that's because twitter management didn't want him telling the board of directors of security lapses. there were employees accuseed of foreign espionage. the 200-page whistle-blower report was sent to lawmakers in washington and nbc we have reached out to twitter on these accusations and not seen the report ourselves. again this was cnn and "the washington post." i will say there are lots of reasons you as a journalist, you as a journalist or human rights workers or dissidents might use social media to communicate.

don't use twitter one way or the other, that's not the platform for this sort of thing. assume you're being watched on most of the social networks. something like signal or telegram is much more safe. >> i don't think i have anything that secret to say. >> i use it for news, breaking news announcements. >> sure. on twitter. when you want people to read your things, that's a good reason, yes. >> thanks, scott. >> you bet. new this morning, apple scoping out new locations to produce its upcoming iphone 14. previous versions were made at the plan in china. apple is looking at india. bloomberg reports apple is already working around production in india and shortened manufacturing time by three months. trending this morning, a historic flight to honor an icon in black history. >> an all black women crew from

cargo team to pilot to flight attendants recently operated an american airlines flight from dallas to phoenix to honor betsy coleman, the first black woman to ever receive a pilot's license. the 36-member crew celebrated her 100-year legacy and invited her niece along for the ride. black women make up less than 1% of the airline industry. >> what a powerful picture that is, right? >> for sure. >> that's cool, and her ancestors, too. >> yes, her niece got to go. >> nice. >> legacy lives on. >> yes. >> good day to fly? >> it's always a good day to fly. >> you got to go somewhere? got to get away? >> want to get away. >> want to get away. >> for here, around the bay area, all you have to do is take a short drive. it will be one of those days where our temperatures are all over the place and here's part of that reason why. we can see the fog over san francisco, right over the bay bridge, and it's going to give us some cooler temperatures there. here we're staying in the 60s, so as we take a look at our

hour-by-hour forecast, it is foggy, cloudy for the start of the day but then we start to see more of that sunshine peeking out by the afternoon and we'll head up for about 71 are going to see our high temperatures in los gatos reaching 85 degrees and 89 in east san jose, while milpitas in downtown san jose reach the 80s, the low 80s and going to range anywhere from 95 in antioch to 77 in oakland and hayward and for the coastline mid-60s today and you move toward palo alto and it's 81 degrees. we'll see temperatures in the mid-60s for the marina district and 75 for the mission district and mill valley reaching 84 degrees and 97 in ukiah today. so looking at that range in temperatures, overall we'll continue to see the fog rolling down the coastline, with some times of sunshine. it just changes how far that ocean breeze makes its way inland, and how our temperatures

will respond. it does look like we get a stronger breeze going into the weekend, so gilroy goes from mid 80s to mid-70s this weekend. it's going to be nice and for our inland areas, there will be much more significant cooldown for some of our hotter spots, going from mid-90s today from mid 80s and san francisco doesn't change that much, that fog's not going anywhere, so we reach into the upper 60s and low 70s each day. mike, what's the update on that big slowdown? >> there's a big mystery, we sorted both out, i sorted the mystery out, the folks doing that roadwork cleared out. smooth drive past sjc north 101, seeing more slowing. that build will continue over the next 20 minutes, traditional heading up the peninsula. tri-valley and east bay much calmer yesterday, haven't had any crashes like we did yesterday on 84. a slower build up the crash highway 4 at bailey on the

shoulder and oakland a road crew broadway doing remare work and it's a distraction. >> from road crew to roku. you can watch nbc bay area any time you want. it is the local news that moves you forward and now you can stream it on your schedule with your tv or roku app. to watch "nbc bay area news" on roku, turn on your roku device and select the live tv tile on the roku tv home screen, scroll down to channel 133. now you can watch nbc bay area from anywhere in the u.s. a mess tierious illness causing a string of dog deaths. next on "today in the bay," an alarming number of cases reported and the simple steps vets say that you can take to protect your four-legged friend. but first, we want to wish kari's daughter bella a happy belated birthday. they got to celebrate her 6th birthday over the weekend, nice day out in san francisco, a big cake there as well.

i can't believe she's 6 years old. >> i can't believe it either. >> i remember you carrying her. i mean not the way you carried her, i went to your house later and wrapped her in my arms. check out kari's page on facebook, instagram and twitter.

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new this morning, a deadly mystery leaving pet owners at a loss in michigan and veterinary members confused.

it started with a string of deaths they believed to be tied to parvo. vets in the deaths in northern michigan said they were tied to the similar parvovirus that causes stomach issues in puppies but all of the dogs tested negative for parvo. experts are trying to pinpoint the cause. vets remind all pet owners parvo can be prevented through vaccination. contact your local vet if your dog has not been vaccinated or if they are sick. >> the nonprofit pilots to the rescue flies cross-country to save animals from being euthanized. members donate their time and aircraft to find shelters to care for unwanted animals. so far this year the group conducted nearly three dozen missions and has saved close to 400 animals. >> what goes through my mind is i'm doing great work and saving these animals' lives.

one thing i realized doing this work is a lot of times the animals save us. >> nbc's joe friar joined the group on a mission to texas. see the full story on the "today" show after "today in the bay." >> i would have a million dogs if i did that. next top stories we're covering for you today including a milestone in the monkeypox outbreak. new data showing how far the virus has spread and where cases are being reported most commonly. to boost now or not to boost. that is the question. pfizer is asking the fda to authorize its new covid vaccine, but should you wait for it? we'll have more on that when we come back.

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i would say there's never a bad time to get your booster if you're eligible. >> right now at 6:30, moving you forward on the new covid booster shot. pfizer's now seeking authorization. ahead in a live report, a new look at the timeline for the rollout and who's eligible. dive team discovery. a volunteer group does what law enforcement could not, tracking down the car belonging to a missing teenager who was missing in the sierra. the new response from law enforcement. a dentist the latest victim of deadly gun violence in little saigon. why police believe one tesla driver may be able to help track down her killer. this is "today in the bay"

streaming live on roku, amazon fire, apple tv, and online. very good tuesday morning to you. quickly approaching 6:30. thank you for watching us. i'm laura garcia pen >> and i'm kris sanchez in for marcus washington, who has the day off. we start off with meteorologist kari hall, nice and cool this morning. >> that's the key, but the temperatures spread out as we head throughout the day. you're walking out the door to mostly upper 50s and low 60s right now, and it is mostly cloudy and it's the first day of school for livermore valley joint unified school district. happy first day. it will be in the low 60s at drop-off time and then it heats up going into the afternoon, reaching up to abouted 0 at pickup time. maybe a jacket and shorts because of the varying temperatures from the start of the day to the afternoon, and you can see we're anywhere from upper 60s near the coast to upper 90s in some of our interior valleys. we'll have a look at the

forecast. mike, it's looking a little bit busier in the east bay now. >> you could say that. bay bridge, let's show you what it means on the sensors, reds on there. i've circled the red and orange north 880 passing broadway, i believe there's a road crew fixing a bus. at ten waited barrels at the off-ramp they have to repair that from an earlier crash, not this morning. everything's clear this morning but this will be a distraction, possibly for a good portion part of the morning. highway 4 has been a problem a good part of the morning and another crash the second of two at railroad avenue or just past it. there's a slower zone through pittsburg, cleared by bay point but building through concord no, big deal. south bay sorting it self out, building once again. back to you. >> picking up out there, thanks so much. moving you forward on the new covid booster shots set to roll out in perhaps a matter of weeks, pfizer is asking the fda to approve its new shot targeting multiple omicron subvariants and moderna is believed to be close behind. >> while that's happening, it begs the question, should we

wait or should we get boosted with the old version right now? "today in the bay's" ginger conejero saab is live in san francisco. ginger, what are the experts telling us to do? >> reporter: well the experts are saying it may vary depending on the person. that answer is tricky to get to, because everyone has different risk factors, for example. there are different levels of immunity and of course your age also plays a factor into that. what they are stressing, whether or not you get the old version of the booster or the new one, you will be protected from severe illness, which is the most important part. pfizer is asking the fda for authorization for its new covid booster. moderna working on doing the same. the main difference with the newer pfizer covid booster versus the old one? the new one has been tweaked to go after the ba.4 and ba.5 strains and comes specifically is as the fda asked for the change. ba.5 is the dominant strain in

the country, older vaccines are not as effective in preventing breakthrough infections with the omicron subvariant. this new booster targets just that, less infections, less chance there is that our winter months will be disrupted at school and at work. let's listen to the cdc director speaking on the new booster on the "today" show this morning. >> i would say there's never a bad time to go ahead and get your booster if you're eligible. if you're over the age of 50 and you haven't gotten that second booster, you can still go ahead and get it now. >> reporter: there is a caveat how quickly the new booster was developed. the fda is allowing pfizer to submit far less data on the shot than it did for previous vaccines. doctors say that may derail some folks from getting the booster, although they do not hope so, because we are still seeing outbreaks throughout the state. l.a. google campus is reporting nearly 300 of their employees from different campuses down in l.a. are infected with covid,

and the hope is if the fda gives its emergency use authorization for the new covid booster from pfizer that people can walk up to pharmacies just like the one behind us in a couple weeks from now to get their new shots. everyone above the age of 12 will be eligible. kris and laura? >> we've come a long way from the days of remember trying to get online to find a shot and had to wait. >> yep. >> we're progressing here, moving forward. thanks so much, ginger. >> catch that live interview with dr. rochelle walensky on the "today" show. she talks more about the covid vaccine, but also the latest on the monkeypox health emergency, that's coming up at 7:00 after "today in the bay." speaking of monkeypox, kris, there are new developments this morning in the monkeypox outbreak, with the virus now being reported in all 50 states. yesterday wyoming became the last state to report a case of monkeypox. new york has the most infections and more than 2,700.

so far, more than 14,000 cases have been reported nationwide. developing in placer county, medical examiners will try to confirm the identity of the body found by divers over the weekend which authorities already believe is that of missing teenager kiely rodni. it was found yesterday. family members also acknowledging the worst saying in a statement issued last night "while we accept this sadness cast under death's shadow, the rising sun shines light upon us, reminding us not to mourn our loss. kiely will surely remain with us even though we will not get her back." a volunteer dive group found her car in the lake next to the campground where she was last seen alive in the waters also searched by law enforcement over ten days. even sheriff's office leaders admit something went wrong. >> how did we not find it it when we were searching? the lake was extensively searched with side sonar, with an rov.

we had divers. we had swimmers. i think that's part of what we have to go back to do and debrief. >> the group that did find kiely's car, adventures with purpose was using cutting-edge sonar technology that law enforcement did not have. the group located her car within one hour. we're following the story online and on air, head to our website nbcbayarea.com and you can find the link right on the home page. >> 6:36. happening today, marin county supervisor also vote on a recent grand jury recommendation to create an independent oversight committee for the sheriff's office. county leaders have debated similar plans for years. in its recent decision, grand jurors cited the history of problems between the marin sheriff's office and some of the communities it serves, especially those with higher minority populations. new details in the deadly shooting in oakland's little saigon that took the life of a woman sunday. authorities identified the victim. 60-year-old dentist lili xu was shot during what police belief was an attempted robbery.

friends say she was loved in the community and for the past five years was learning ballet. many in the little saigon community were shocked. >> tell the shooters, the active shooters, the people who are at risk who want to do harm because you want to come up, stop it. because you're killing not only a human life, you're killing our community. >> police believe the getaway car was a white lexus. they're also hoping to talk with the owner of a white tesla that has a bike rack attached to the trunk. the person or people in the car are not considered suspects but they may have some valuable information. parts of the southwest are experiencing historic flooding and now once again the flooding turns deadly. storms triggered major flooding in the dallas-ft. worth area in texas and in one case, a woman died when waters swept her car off the road. authorities also say she was on the phone with family members before losing contact.

after months of drought, the dallas area got its third highest amount of rain ever recorded in a single day. meteorologist kari hall is here. kari, a lot of the places can use this rain, just not that much in that short amount of time. that's not good. >> not good at all. we think about, too, it's been basically the same kind of drought that we're seeing here in texas as well. i wanted to show you a loop of the radar and the satellite, all of that rain now pushing off to the east, so they are catching a break, but it's due to a very slow-moving cold front in that area. when we take a look at the drought all across the west, those dark reds, even the exceptional drought that they're seeing in texas, hardens the ground and when you get heavy rainfall like that, it doesn't just soak in. it runs off and makes it really difficult creating a flash flood type situation, thus the same kind of weather that we get here after a long drought, and then we start to see those heavy

rainfall events starting to come in. so we're watching that very closely, the good thing is that once again that rain is moving out of that area, and as we take a look at what to expect here at home, our temperatures are headed anywhere from upper 60s near the coast to some low to mid-90s inland. the weather that we had yesterday, just coming down a couple of degrees, compared to what we've seen recently and we'll talk more about that cooldown coming up. mike, you're looking at more of an early commute. >> looks like we may have heavier volume, more consistently over the last week and a half. we're looking at riff mond which showed early slowing. 880 past broadway there's construction, may be more because of the volume. it's holding steady for concord. we have a crash highway 4 in bay point so that could be an additional issue there and the richmond bridge headed across, more volume headed across as well. we know about that bridge morning traffic flow. we'll talk to you about 880 coming up into oakland. tonight a closure again, tonight and tomorrow night, posey tube

will be closed for its typical overnight construction, they have it periodically. we know about that. that means you cannot go from alameda to oakland underwater through the tube. use the bridges to the south and,ster the opposite direction is fine from downtown oakland into alameda. the coliseum the a's play tonight at 6:40. the game time traffic just before the game keep in mind. and san francisco chase center there's a concert, south bay and peninsula looking great. back to you. >> thanks, mike. 6:40 right now. calling out celebrities, one of the state's largest counties is cracking down on some of its famous residents not doing their part to save water. the big names now under fire, and how some are responding. the current president is on a very long vacation, that means the former president continues to make news. let's take you out to the big boards, dow industrials losing but not like yesterday. a lot of folks are leaving california because of housing

woes, but how about this as a solution? a pod of homes off the coast of paradise. the conditions you'd have to endure and the amount you'd have to shell out to live there. stay with us.

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saying yes to prop 27 means more people get the assistance that they nee they get someone to partner in such a way to see transformation come to them. yes on prop 27, because there's no place like home. the time is 6:43. happy tuesday to you. as we take a live look outside in dublin, we can see the sun shining right under that marine layer, the low clouds extending inland, keeping those

temperatures cool for now. we're at 60 degrees. all of that clears out for sunshine the rest of the day and we'll see our temperatures heating up with some highs reaching into the upper 80s/low 90s for our interior valleys. we'll check that out in the forecast, coming up. >> i got my friends in the operations center hard at work here. we're looking at oakland, this section of 880 right around98th i see the traffic flow change around that overpass. there's a crash reported there as well. we can't necessarily see it but we see the effect on the traffic flow. we'll talk about that coming up. the biden administration now has nine days to decide what to do about student loan debt. >> scott mcgrew, still no word from the president. >> the president has been on vacation for a very long time. no public events scheduled today. he went from south carolina last week to delaware this week. he's been at the white house one time since august 9th and that was for just a few hours to sign the inflation reduction act, largely thought of as one of the

biggest achievements of his presidency, but he hasn't spoken about it since. now, presidents usually get out of town in august, as congress shuts down as well. president trump went to his golf club in new jersey. president obama went to martha's vineyard. the "new york times" reports former president trump had more than 300 documents marked classified in his possession after he left the white house, some he gave back, some were found in that search of mar-a-lago. president trump's lawyers have finally asked for a special master in the documents case, someone who can sort out what belongs to the american people and what belongs to trump, and prying eyes, things like letters to his lawyers. it's very common to call for a special master, but for some reason, the trump team waited two weeks after the search. it may be too late.

the fbi presumably has seen everything. in a statement, trump said "we are taking all actions necessary to get the documents back so that i can give them to the national archives" which of course was the whole point. he hadn't given them to the national archives. his lawyers claim there were no documents, but the government knew there were, and that's how the fbi ended up at mar-a-lago. a step through here as we bring this to focus. many of the documents were apparently classified, but that doesn't matter. the accusations are the mishandling of documents. it doesn't matter what secrecy level they are, and a reminder, trump's lawyer signed that pledge saying there were no more documents at mar-a-lago, but there were. a judge in the case filed some paperwork as well. it hints he may not release very much of the affidavit if anything. if the government asks for too many redactions, the judge says it may not be worth releasing. and all those threats against the fbi are backfiring on those

who wanted the affidavit released. the judge says it may be potentially too dangerous to law enforcement and witnesses to release that document. big races, primary races in florida and new york. facebook, you can find me @scottmcgrew. >> thank you, scott. happening today, another court hearing -- sorry, that's my wake up my kids alarm -- another court hearing in connection to the recent dui arrest of paul pelosi, the husband of bay area house speaker nancy pelosi. through his attorneys earlier this month, pelosi pleaded not guilty to misdemeanor charges. police in napa arrested him in may after he crashed his car into another car on highway 29. officers say he had a blood alcohol level just over the legal limit. pelosi is free on his own recognizance. at today's hearing it's possible the judge will set a new trial date. >> go that's not a working mom,

kris, i don't know what is. turning to our climate in crisis sop a-list celebrities in southern california are called out for wasting water. water leaders in calabasas sent a warning notice to some 2,000 customer. the "l.a. times" reports it includes kim and kourtney kardashian, comedian kevin hart, actor sylvester stallone and retired basketball star dwyane wade, whose property exceeded its water allocation in june by 1,400%. his wife, actress gabriella union tells "the times" it was due to a problem with their pool and they've taken drastic steps to cut their usage. stallone's attorney says her client made similar cuts. although his property contains hundreds of trees needing water. hart and the kardashians have not yet responded. trending this morning, one marine company is taking homes on the water to a whole new level, something like you might find in a sci-fi movie. this is panama based ocean builders that are unveiling what

they call revolutionary living pods, the company is working on three prototypes billed alsz the first ecorestorative homes. drones deliver grocery and medicine, the cost about $300,000 to $1.5 million per pod. they are set to hit the market later this year. i wanted to know, would you move into one of the pods? you can answer that question on my twitter page. mike has a good point. are we going to walk the dog or swim the dog? >> how do you get into them and what is the square footage? >> who knows. >> you have to fly your, you know, vehicle, flying car onto the top of it and like there's so many questions. >> you know what? i'm going to wait for the transporter. "star trek." >> there you go. you lost us. >> sorry. for all of you out there -- very

good. >> we're starting out with a little bit of fog near the coast, and some of those clouds reaching to our inland valleys. here's a live look outside in san jose, when we see the clouds in the morning, we're like okay, it's going to be a good day and this all clears out by 9:00 to 10:00, but unfortunately there may be some more smoke coming in. this is a look at our near surface smoke model. where we see light blue that's smoke and that could make it a little bit more unhealthy today due to the fires up farther to the north being pushed in. as far as temperatures today it's coming down a few degrees. we're in the low 80s in downtown san jose and low 90s for gilroy. for the east bay, we do still have some mid-90s in antioch but mainly low 90s for martinez down to danville, and oakland today, as well as hayward will reach 77 degrees. we'll see some low 70s for san mateo, while daly city will see a high of 67 and san francisco reaching 73 degrees in the mission district. our north bay highs stay in the

60s near the coastline, but get all the way up to 99 for clearlake and napa, in between at about 85 degrees. what's happening here is really not much of a change in our weather pattern, more fog near the coast and at times, that inland breeze that comes in from the coastline into our inland areas will get a little bit stronger and that brings down the temperatures quite a bit, so let's check out concord. yes it's hot today but look at what's ahead especially this weekend, it looks really nice, highs in the low 80s and we do see more sunshine with some hottest temperatures inland reaching into the mid-90s. it will be in the mid 80s by the weekend, so we are going to continue to cool off, but there won't be a big difference in san francisco, what you're seeing and feeling now is what we will experience going into the next seven days. mike, you're looking closely at that map for that crash in oakland. >> not just for the crash, we're looking at the crash, behind the

overcrossing, north 880 coming up toward 98th, the on-ramp here and also here we're looking at access points. i think that is the semitruck involved in the crash approaching. as it clears from lanes, traffic flow smooth out north past the coliseum. we see speed sensors starting to recover from red to orange. slowing to the coliseum, slowing past broadway, a road crew may be blocking one lane for a while, typical westbound commute build. the crash over at bailey has cleared, that was the second of the morning slowing bay point and the south bay slows because of the traditional build for 101 and 87 now. back to you. >> thank you, mike. we have good news for roku users. nbc is on roku channel 133. stream local news that it moves you forward on your schedule with your tv or roku app. to watch "nbc bay area news" on roku, turn on your roku device and select the live tv tile on the roku tv home screen, scroll down to channel 133. now you can watch nbc bay area from anywhere in the u.s.

happening now, something to digest as you get the kids ready for school this morning. new research out of spain shows the importance of breakfast. researchers say that children who skip the first meal of the day are more likely to have trouble behaving at school. the survey looked at children aged 4 to 14 and what you want to do is maybe make that breakfast at home, because eating out is nearly as detrimental as skipping breck taste entirely. next a quick look at our top stories including claims of unexpected charges from a popular health care provider. the new lawsuit just filed after one patient says she was charged for a covid test that was supposed to be free. an alarming, new report about our climate in crisis, the hundreds of thousands of california farmland that remain unplanted. stay with us.

welcome back. we are moving you forward with a look at the top stories on "today in the bay" including some startle action, new data, showing the impact of the drought on farmers. >> really it affects all of us. "today in the bay's" bob redell live in livermore this morning. bob, we're talking about devastating fallout in the bay area and really beyond. >> reporter: we're talking about hundreds of thousands of unplanted farmland especially if you're driving around the central valley, there's a better chance now that you can see fields like this, that are brown and unplanted, according to a new report by the united states department of agriculture, there are over a half million acres of unplanted farmland here in the state of california. as you can see by the numbers on your tv screen, these were compiled by "the chronicle" breaken down by acres fallow so the soil can rejuvenated and because of natural disasters like the drought, the acreage has grown from 2020, less than 200,000 acres of unplanted

farnlland, last year 350,000 acres to now as i mentioned which is just over 500,000. that's an increase of 36% since last august. now "the chronicle" cites an agricultural economist who believes the number of acres for this year will increase as the drought worsens with no rain in the forecast and will lead to a steeper drop in the production of crops like alfalfa, rice, cotton and wheat. reporting live in livermore, bob redell, "today in the bay." >> thanks for the latest, bob. kaiser permanente facing a new lawsuit. a client went for a kft test and billed $310. kaiser conducted a multiplex test which can detect covid and the flu.

kaiser writes its charge is not to charge for the multiplex test. it's reviewing the allegations promising to make fixes if it is a technical error that is found. pfizer submitted to the fda plans for its new covid booster shot which the drug maker says will cover the latest omicron subvariant. once it is approved or authorized, it will be available to anyone over the age of 12, and could be available before the end of next month. ahead on the "today" show, a new interview with see kk director rochelle walensky who is talking about the updated boosters and also big changes coming to the cdc as well as the latest on the monkeypox outbreak. a quick check of the weather and traffic together before we go. >> we're looking at our microclimates in full effect as we see in august. 94 inland but reaching up to about 70 today in san francisco. >> crash on the shoulder north 880 didistraction at the end of the arrow is causing a backup san leandro headed toward the

coliseum. more slowing north of the coliseum. a construction and repair crew at broadway. >> watch out for them on the roads. >> that's what's happening "today in the bay." we'll be back with you at 11:00 for our midday news. >> the "today" show is coming up next. have a great tuesday morning. good tuesday morning. millions across the country waking up to a new round of storms and new flood fears. >> al has his eye on it all. from drought to drenched, record rain brings part of the south to a standstill. roads and homes in dallas turned to rivers. >> it's really bad. it's really bad. >> rescues going on across the region, and al says more rain is on the way. we're going to tell you where that's headed. breaking overnight, a stunning report reve