clothe. >> that heat is still on. it sweat us all. the steps bay area schools are taking to make sure those kids are cool during class. and also kari hall is tracking which cities are going to feel the brunt of the heat today. moving forward, the bay area city expanding access to monkeypox vaccines in just a matter of hours. this is "today in the bay." watch live on roku, amazon fire, apple tv and on line. it's good to be with you on this tuesday morning. i'm kris sanchez. laura garcia has the day off. >> i'm marcus washington. it is had order to think about anything but the heat. kari hall has been tracking that. you've got the $25,000 job today to deliver -- the tough job today to deliver the tough news that no one wants to hear. >> it's not going anywhere today. it was hurting my fingers typing it on the computer. all these ones. and we're starting owl with warm weather as -- starting out with warm weather as you're heading to work.

we're in the upper 70s right now in san jose. look at martinez, 86 degrees. that's the start of the day. we have mid to upper 60s in much of the north bay. and as we look at these high temperatures reaching 106 in cupertino, 114 degrees in gilroy. and we may be setting the hottest temperatures we've ever seen in cities like liverpool. if we reach 118 degrees like the computer models are showing today. in daily city, we're expecting a high of 87. and 108 in palo alto. low 90s once again in san francisco. but a little bit cooler near the outer sun set and marina district. north bay highs, mill valley, 100. and 111 for santa rosa. napa up to 108 degrees. we're going to be talking more about this and when we may see relief. that's coming up in a few minutes. mark us? >> thanks. you know, amid the ongoing heat, teachers this week have

that important and sometimes difficult job keeping the kids both safe and cool. schools across the bay area, they have had on this shift lesson plans and cancel school days because they want to keep those students safe. power outages are a major concern there, and classrooms need that ac to stay cool. the largest district in the south bay, san jose unified, well, it has plans if the ac shuts off. >> if a part of the building loses air continuing, we'll be moving, relocating to a different room until we can get the ac repaired. >> areas like novato that reached triple digits, there are limited school days. contra costa county says if it's over 105 degrees, there are no outdoor activities that would be held. if you have questions about how your child's school is handling it the heat, you can check out our website. we put information there. most schools have posted a plan or recommendations begin to them by the health department. and around the bay area,

more cooling centers are opening including one at campbell community center. now all seven san francisco public libraries will also be opening as cooling centers, as well as mountainview community center, camden community center, and venetia public library. vta also offering free rides to some of its centers in the south bay again today. >> that is helpful. happening now, firefighters still have their hands full in southern california. overnight they still were trying to gain control of that fast-moving fire in so is in th hospital being treated for burns. the fairview fire, as they're calling it, started yesterday afternoon in hemet in southern california. then it exploded to more than 2,000 acres. as of last night, it was 5% contained. not much. about 3,200 homes are still under evacuation orders. a second fire in a less populated big bear area has burned at least 200 acres.

for more on the heat wave, the flex alerts, fires burning, as well as tips to stay cool and save energy, head to our website, nbcbayarea.com. and you'll find a link to resources in our trending bar. two new developments now. a federal judge says a special master should be appointed to review the evidence seized from former president trump's florida home. that person will be tasked with sorting through documents for personal items and material that's potentially privileged. now the two sides have to agree on who that's going to be. >> "today in the bay" live more from washington. what does this mean as we move forward for the justice department's investigation? >> reporter: good morning. much of the justice department's investigation into these classified documents, it's on hold now because of the judge's ruling. doj says it's looking at the

judge's opinion and considering next steps. ♪♪ a legal victory for former president trump. a federal judge granting his legal team's request for a third party known as a special master to review the evidence seized from trump's florida home. the ruling temporarily blocks the justice department's investigations into the classified documents recovered. >> the department of justice will need to think long and hard about appealing this decision rather than letting it lie. >> reporter: a detailed list of seized property shows mr. trump had more than 11,000 government-owned documents at mar-a-lago. 520 pages that may be considered privileged, including mr. trump's medical documents. correspondence related to taxes and accounting information. >> if i were the government, the most important thing is time is of the essence. >> reporter: mr. trump reacted on his truth social website, attacking the justice department and the fbi as totally corrupt.

>> the mar-a-lago raid was a desperate effort to distract from joe biden's record of misery and failure. >> reporter: president biden on the road monday blasted trump in what mr. biden calls extreme maga republicans. >> they're extreme, and democracy's really a stake. you can't be a democracy when you support violence, when you don't like the outcome of an election. >> reporter: the judge set a friday deadline for trump's legal team and the justice department to submit recommendations for who could serve as the special master. while this ruling slows down the justice department's investigation, the judge is allowing the intelligence community to continue its damage assessment of potential national security risk. >> thank you very much, brie. new, returning to school can mean a return of anxiety over the threat of potential school shootings. one company is trying to increase school safety through

artificial intelligence. >> they're providing a software, a platform that works with existing camera in the school and has the ability to look at and identify if there are people carrying weapons, especially in the school building. and once it has -- once it gets identified, it has the ability to notify the school alert system and the authorities. >> a new system with cameras would cost between $5,000 and $ten,000, but if a school already has the cameras, that cost is just about $1,000 a year to run the software. through artificial intelligence, the software can identify hidden guns and knives, even bulletproof vests and masks. and to address privacy concerns, the faces of students are blurred as they're coming and going on campus. the company is piloting at a company in denver. starting today san francisco health leaders will begin

administering second doses of the monkeypox vaccine and expand vaccine eligibility. so the decision makes a change, from the current policy, prioritiing first doses. this comes as cases, the count there of them in the city, significantly down. i want to look the this. this is the cases at the end of july. sense then they have been steadily on the way down. we asked ucsf's dr. monica ghandi to explain. >> three factors probably. one is behavior change. people reduce number of sexual partners, that was recorded by the cdc. two is natural immunity. once you get it, it's hard to get it again. we don't know how long it lasts. the smallpox community lasts a lifetime. the third is vaccines. and we've been getting out the vaccines, given 400 doses out in our clinic, and all of that together, that immunity is bringing it down worldwide. >> good news there. dr. gandhi says another monkeypox spike is unlikely as

long as people keep getting the vaccine. turning back to our hot forecast. meteorologist kari hall tracking these record-breaking temperatures. you know, it's one thing to complain, but some folks lost their power altogether. and it's -- goes beyond complaining. dangerous. >> not just complaining because most people don't realize how dangerous heat is. it is the most -- it causes the most fatalities from any weather-related disaster. so that's what we're dealing with now, and that risk of seeing more heatstrokes or heat exhaustion, especially with more people going back to school and work and spending more time outside and not having air continuing. so when we talk about what our record high temperature is today and as we look at santa rosa, the forecast is 111. the lord is 111 -- the record is 111. notice the year the records were set -- 2020. what was happening is we had all these fires and the extreme heat hit. we're going to possibly match or go beyond that for a lot of

these spots like oakland today reaching 102. liverpool may set another record and going well above the record that was set in 2020. and san jose expected to also set a new record for today. as we look at all of our microclimates and the dangerous heat that continues, this is going to be the peak of the heat and gradually start to come back down. we may replace this heat with humidity and flip things lynnwood and have a chance -- things and have a chance to flip things around. you've got to get to work this morning. mike has a look at where you can find gas prices. >> the numbers you gave, we're looking for lower numbers. san jose, $4.79 at the excel gas and mart on north 1st street. $4.74 at the val era on east 14th. and at the arc on fell street in san francisco, $4.89. these are prices, not temperatures. they're getting close, right? gosh. looking at the roadways, traffic flow close to the limit around the bay. we have no major problems, just

slowing out of the altamont pass. out of the north bay, venetia bridges moving smoothli. and coming off the outer crossing, the top part, a disabled vehicle just cleared. clear at the toll plaza. back to you. rebutting the leaks. ahead, the new statement from tiktok about reports that your data was compromised. you saw mike checking gas prices. oil prices are falling. oil prices are falling. on, web's a little -- yo ghu miret alknady thow roat p tp 27 aaxesegnd resulat

slines portinbett fg to undal reut sol tionseo th on me honelessriss c owso hl wil nthatevew renuebe nt spe? ne usw houning its a in8 ll 5ticoun in includerg: pntmanesu tipporouve h,sing ny ties hommu comesniti, t ojeckeroom y orsupp htiveotelts uni d annsintemeive ntalthheal a andtiddicreon tnta. in rt sho, ea27 metns g ptinge eopl offe thstre an tod insi hou s ye7.on 2 another busy day? of course - you're a cio in 2022. but you're ready. because you've got the next generation in global secure networking from comcast business.

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oh that's my bad! unplugging. when it comes to preventing outages the power is ours. right now at 5:13 on this tuesday morning, let's look at martinez. starting out with mid 70s. it is clear. there's a calm wind. and we don't have much time before those temperatures start to haiti up again. at 9:00 it's 83 degrees. 93 at 11:00. today we're heading back well over 100 degrees. we're going to talk more about this dangerous heat and the forecast coming up. >> reporter: yeah, the golden gate bridge, completely clear. we have traffic returning to the bay area after the long holiday weekend. we'll track that, of course, as well. good morning, happy tuesday. stock market gets back to work this morning after a three-day weekend. things are going to look pretty good. we'll check futures in a second. apple showing off new phones

tomorrow. we're up to iphone 14 at this point. wti is not a stock, it's west texas intermediate. and oil prices are pretty low and generally moving lower. in fact, opec talking about a production cut. not much, 100,000 barrels a day. but a sign of how quickly energy prices have fallen. okay. there are the futures. you see the green lights. 241 to the positive on the dow. stocks have been on a losing streak for some time. fears over the fed which doesn't even meet for another two weeks. we'll get another look at inflation exactly one week from today, next tuesday morning. the commerce department will explain how it's going to distribute billions of dollars from the chip bill today. you remember congress passed that bipartisan bill to help out american ship companies and get ship companies built here in america. it will take years to build those factories or fabrication plants as they call them, fabs. silicon valley companies,

though, get more detail on that money. and the attorney general in the state of california has a simple ask for credit card companies -- give gun stores their own code just like your credit card company can categorize at dry cleaners, he wrote mastercard and visa with the request saying it would be helpful if companies could categorize purchase at gun stores as purchases at gun stores as opposed to general purposes for two reasons. it would give them data they can use. secondly, if there were suspicious things happening that already happened with your credit card, they're looking for money laundering and things. and the credit card can flag the government on that. they want the same at gun stores. >> okay. do you think this is going to actually happen? >> i'm sure it will be a challenge in court. visa and mastercard at least looking at it. >> interesting. i mean, kind of a roundabout way of getting the data. >> we do it with dry cleaners.

>> true. dry cleaners don't have -- all right. tiktok is denying reports that hackers leaked its source code and sensitive user data. the hackers claim that they have a database with more than two billion records including user information and platform statistics, tokens, and more. tiktok's spokesperson says the source code isn't related to the platform. they say it's valid but doesn't include sensitive data. an american with a statement match at the u.s. open, not on the women's side. >> this time rising star on the men's side beat a legend. rafael nadal was defeated in four sets. so the last time an american defeated nadal at a major was in 2005. and it's been even longer since an american won the men's major. that was andy roddick in 2003.

tiafoe's story unique. his family emigrated from sierra leon in africa, and his father worked as a ontor at a tennis center in maryland. that's where youns frances learned -- young frances learned to play. he heads to the quarterfinals tomorrow. >> exciting to see. also trending, a tradition involving a woman at the oprah winfrey. this woman. for the second straight year as cameras caught her in the stands, she chugged an entire beer. the fan named megan lucky went viral last year because when its which to her beer, it was game, set, much. she plugging her nose, though? >> no. she's holding it -- >> holding it. wow. all right. new friendship on a beach in santa cruz. this was captured by the dog's owner who is also a surf photographer. the man throws the ball into the

water. the dog and seal chase it. how cute. >> very cute. >> aw. that is cute. who won? the dog -- >> transition right there, advantage shift right there. >> this feels like, wait for me, i have no legs. >> they both bark. wow. >> cute. >> the dog, can he spin that ball on his nose? >> right. >> doing the -- >> cool to see. it was nice to see that nice cold water. looks so refreshing. there's going to be a lot more people heading to the beach today. if you'll find a seal on your trip. let's look at what we're talking about as far as temperatures in our microclimate weather alert. temperatures starting in the upper 60s in much of the north bay. if you're in the hills and mountain areas, it's still in the 90 right now. -- the 90s right now.

some upper elevations extremely hot. we're seeing temperatures in san jose at 77 degrees as well as 77 in saratoga and dublin, 73 degrees. the seven-day forecast is coming up at the bottom of the screen. let's look at our high temperatures where we hit yesterday and the hottest temperature we've ever measured for that city. gilroy is the all-time record is 115. yesterday we were at 112. it's possible today that we may reach this all-time record high. we did it yesterday in livermore. we'll be very close in napa today, san jose, the all-time record is 104. we're expecting 106 today. and as we look at san francisco, it's also going to be extremely hot once again. with morgan hill headed for 112, we may see it reach 111 in santa rosa. 118 in fairfield and concord. this is all just so ridiculous. and dangerous to be out there, especially without power.

and hopefully we do see a lot more of the cooler air coming in. that's going to happen near the coastline for the next couple of days. there will be still several more days of this heat. you need to pay attention to signs of heatstroke or exhaustion, especially with more people heading back to work and school today. here's the signs. we're going to post it, as well, on line. dizziness, thirstiness, and you may have sweating or stop sweating depending on what kind of symptoms you're experiencing for today. gradually we're going to start to see some high pressure weakening, cooler air moving in. that doesn't happen until the end of the weekend. that high pressure also may draw in tropical moisture. so we may ready to the heat for humidity by the end of the week. watching for a chance of isolated storms. muggy, cooling to upper 60s in san francisco. mike, how it's looking in contra costa county? >> looking pretty good. a little slowing now. looks like we're getting more congestion on the roadways. but they're still at the speed limit according toet sensors.

this is southbound 680. you see this, they're splitting off, 680 and 24. 24 making its way here on the map, right there. that's that same little stretch of roadway i was talking about. still green sensors out of concord and into concord actually for highway 4. no major issues here. don't even have that little slowing we typically see out of vallejo. 5:22 and we typically see the slowing about now. but it may be afternoon before folks are back into town. a smooth drive. coming from southern california, i-5 plus two lanes blocked heading to the grapevine out of l.a. because of the fires last week. back to you. >> thanks. you can watch nbc bay area newscasts and live breaking news on roku. select the live tv tile that's on the home screen, scroll to channel 133. then nbc bay area news, always on. just a few clicks away. next on "today in the bay," nbc bay area responds.

>> reporter: a year and a half after he ordered an't seen a trace of

nbc bay area responds to an east bay man whose delayed eyeglasses delivery left him in a blur. >> he asked the team to clear things up. >> reporter: good morning.

rodal in walnut creek paid $519 for a pair of eyeglasses. a year and a half later, he still hadn't received them. he sent an email back and forth with customer service representatives who eventually stopped responding. so he tapped our team. we contacted the optometrist. they said the glasses had been ready for some time. within a week he was able to pick up his $519 glasses. the doctor sent us a followup email saying rod la was right about the reps not responding and said, "we are truly upset that this has happened and are making every effort to ensure it never happens began." the case brings back into focus the charge back. that's when you call up your bank or credit card company and dispute a charge for failure to deliver. the thing is, you might only have a month or two. so you need to act fast. rodal's case stands out because he paid with his hsa, health savings account. hsas often act like regular credit or debit cards.

so can you dispute an hsa charge the same way? the biggest hsa company said yes, yes, you can. we recently made a video showing how to dispute a charge. you can watch it on our website, streaming channel, or youtube page. look figure the "how to" play list. 5:27. next, top stories we're following including a royal visit. of the final preparations under way as the king and queen of the netherlands are set to arrive in san francisco. >> reporter: thousands of people still without power after yesterday's heat wave. the possibility of rolling blackouts as the mercury moves even highetoday. even highetoday. wayr

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every single year once we hit 110, the power goes out. transformers blow. >> at 5:30, power outages. the scorching heat across the bay area making for some major headaches for a lot of folks. ahead, live team coverage on the widespread power outages in the east bay and how some people are managing to keep the power on. plus, cracking down on those side shows. the steps one bay area city is taking today to try to crack down on the problem. this is "today in the bay" streaming live on roku, amazon fire tv, apple tv, and on line. good tuesday morning. thank you so much for allowing us to be part of your morning. i'm marcus washington. >> i'm kris sanchez.

laura garcia has the day off. downright dangerous heat. we have more on the outages that is still affecting residents this morning. >> first, kari hall is breaking down what we can expect. record temperatures today in part of the bay area. look at those numbers behind you. >> i can't even believe it. looking at some of those numbers, 118 degrees? that's our high temperature that we're expecting in fairfield and concord, as well as liverpool. these may be the hottest temperatures we've ever measured in these spots. this is just dangerous as we see more triple digits again today, even for los gatos, headed for 111. in novato, 108 there. back to 90 in san francisco. and man bay reaching 8 -- half moon bay reaching 89 degrees. heading into tomorrow, there

might be slight relief but the valleys dealing with the dangerous heat again. back up another few degrees on thursday. so it's going to be several days that we're seeing these highs reaching into the very big risk category as we go toward the end of the week. now let's turn to "today in the bay"'s bob redell who is tracking power outages for some east bay residents. bob? >> reporter: good morning. we're had downtown livermore among 1st street and south l where it already feels like 80 degrees. we're outside the doughnut wheel where the power's out, as you can see. no lights on in the street. they brought in this generator, and they're hoping that it will be enough to power the fryer so they can make some doughnuts, get a lamp on in there, and get the mixer going. they won't be able to do full production like they would normally if they had pg&e power, but hopefully they can do something because they have dealt with this before. as we walk down further down 1st street, you get to the intersection here at south l. this is what you'll see

throughout a lot of parts of downtown. obviously the lights are out, hard to see. you'll have stop signs that virginia been installed by the city. according to pg&e, there are about 2,700 customers without power in the downtown area and the robertson park area south of here. the estimated time for getting this power turned back on -- around 3:00 this afternoon. that's according to the website. and they do have a crew on site repairing the problem. this was an equipment failure caused by yesterday's heat. richard sakaw tells us his power also goes out when the temperatures hit 110, like it did yesterday. he fired up his generator. that provided enough juice to power everything except for what he needs most in this hot weather. >> i have a generator running, powering up -- i powered my whole house except for my ac. >> reporter: you got a fridge, lights on -- >> all the lights work. the internet works. everything works.

>> reporter: as you can see, here are the numbers from pg and and e. the latest numbers, the east bay clearly has the most number of outages. there's some on the peninsula. san francisco's got a couple. north bay and south bay also has got thousands of people without power still. around 7,300 people. this is a live look from the outage website. if you go on to this website and you're wondering if -- if you're wondering where your outages are located, this is where you want to go. you see, again, they're scattered throughout the area. the areas that were hit highest, the most by the heat, of course being the east bay, the north bay, and the south bay. now pg&e says the outages were not planned. the power went out in liverpool because of the equipment failure in the intense heat. the utility did have enough electricity to meet demand yesterday, but customers conservative and there were additional resources to fill any demand issues. today the california independent system operator has called for

another flex between 4:00 this afternoon and 9:00 tonight. if we do not conservative today like we did yesterday -- conserve today like we did yesterday, rolling blackouts are possible. back out here live at 1st outside the doughnut wheel where an owner and a friend are trying to figure out how to power the generator so they can get some equipment working to try to sell some doughnuts and not have today be a total loss. reporting live in livermore, bob redell, "today in the bay." there it goes. >> there we go. >> all right. relief in store. doughnuts on tap. >> we don't want to make breakfast at home. too hot. >> with all that's going on, you want to keep track especially with the heat wave there. our app, nbcbay area app, a great resource. it's free. you can download it and find out all you need to know about what's going on with the changing weather. you can even nike where it tells what's -- make it where it tells what's happening in your neighborhood. today fremont leaders launch a new plan to crack down on illegal street racing and side shows.

police are concerned about the safety of spectator at the side shows. and critics say the current state law does not allow people watching or attending to be held criminally liable. council members will make it so that it will be illegal to attend. royalty comes to the bay area today. no, not kris and family. talking about the queen and king of netherlands. they will visit san francisco and silicon valley. they will meet with gavin newsom, and business and community leaders. it starts with a tour of san francisco's city hall later this morning which will include a ceremonial flag raising. >> we need to tell temperature that this weather is not normal, though. they're going to be like, san francisco's so sunny in the summer. it's not. a new era in england has queen elizabeth set to appoint a new prime minister today. >> yeah.

today's keir simmons joins us from across the pond with more on what's expected. >> reporter: good morning to you. history being made in britain's world-famous downing street here. the prime minister, boris johnson, walkinging out of number 10 downing street and giving a resignation speech that sounded as barnstorming as any speech he's given before, then setting off to make royal history, meeting the queen 500 miles away at balmoral castle. that hasn't happened for 140 years. the new prime minister, liz truss, also there to be handed the mantle of leadership of the uk. she will come back to make her own speech in downing street. an person day in the uk. i'll have -- an important day in the uk. i'll have more. >> thanks. taking a a -- a live like at san francisco, look at how clear it is. we were talking about the royals coming for a visit.

this is not normal weather. >> absolutely. it's not normal anywhere. we're all like really struggling under this heat. it's going to last for a few more days. let's take a live look in san jose. urgely the morning hours -- usually the morning hours in the mid to upper 50s at some point. we are right now at 77 degrees in san jose. this is just our early morning hours. as we go into the rest of today, those temperatures heat up quickly. we're nearing 100 degrees by noon today. as we are dealing with this heat, make sure that you drink lots of water, even if you don't feel thirsty. keep a cold towel around your neck or also some of those ice packs that help cool down your core body temperature. remember those pets. make sure they're well tangen care and -- well taken care of and do not walk in the middle of the day. the asphalt is way too hot. keep the sunscreen and a hat. if you're out there in the parked car, it can reach over 100 degrees.

so that's few years a -- this a reminder not to leave children or pets in the car. look twice. as you look at temperatures, dangerous heat will continue. some spots as hot as 118 degrees. we're going to be tracking that. mike, you have a quick look at the road ahead. >> yeah. looking toward one of your possible delays. actually starting in oakland. the nimitz, the athletic the will play today. parking lots open a couple of hours before. it's going to be more than warm. hot out there. make sure you hydrate because it is an outdoor stadium, of course. we're looking at a smooth drive. a tad bit of slowing at the brooklyn bridge toll plaza where the volume builds. highway 4, there is slowing around summersville and just got a chp report about debris in the roadway. we track that. pretty light slowing coming down through pittsburgh and bay point. right there, highway 37, the slowing we hadn't seen, it kicked in about five, six

minutes than usual. still see that now. the build is on for your morning commute. directions in typical areas, even in san jose and right there for 84 coming down. standard right now. back to you. >> thanks. back to school is going to look very different for students and staff in uvalde, texas. ahead on "today in the bay," the tough decision families had to make about their kids' return to class and the changes that school leaders are implementing at campuses to help everyone's return to be a little easier. we'll check the latest in politics including the appointment of that special master. plus -- raising awareness about prostate cancer. we're going to talk about the key signs all men should look for and monitor. stick around. we'll talk about that and much more on "today in the bay."

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good tuesday morning. right now at 5:43, we're planning our day around the temperatures. in brentwood the best time to go for a walk is right around sunrise. after that, it heats up so quickly we'll already be in the triple digits by noon. i'm tracking this heat for you and when we may find relief. that's coming up in a few minutes. looking at the bay bridge toll plaza. traffic streaming through the area. the metering lights have been activated about 2.5 minutes ago according to chp. they're slowing on the incline.

at the toll plaza, we're not feeling the wait. that's good news. a lighter fuel, but the commute is on -- a lighter trip, but the commute is on. today is an emotional day in uvalde. today is the day children return to the classroom more than three months after the deadly school shooting rampage. today we have more on the look at changes on tap for families. >> reporter: good morning. as you can understand, a lot of mixed emotions here in uvalde today. with robb elementary school being torn down, never to be used again, former students are now going to existing school campuses, and it will be a much different experience this year. a high fence now surrounds the entire school ground. on the inside, there will be extra counselors and comfort dogs on hand in the days and weeks ahead. this has been a community very much finding its way forward from this unspeakable tragedy. we do know that many of the students who did attend robb

elementary last year are choosing to remain in online learning. some tell us that they're now enrolled in private schools nearby. parents i spoke to say that while they believe the district here is making improvements, some don't feel it is fast enough. but everyone here is hopeful that this return to class can hopefully bring about some real healing. back to you. >> thanks. 5:45. president biden stumping for local candidates in pennsylvania and wisconsin. >> reminding americans that the democrats are getting things done. >> so say the democrats. yeah. good morning. today we are going to hear more about the bipartisan chip bill, playing up student loan help, calling out the more than ten million jobs created during his administration so far. unemployment near 50-year lows. >> more americans are working than any time in all of american

history. last year more people applied to start small businesses than any year in history. it didn't just happen. we never gave up. we never gave in. and we are delivering for working and middle-class americans now, now! >> in florida, a federal judge unexpectedly announced her decision on the special master in the mar-a-lago case, unexpected because it was labor day. it was a federal holiday. the special master will sort the documents that were found at trump's home into evidence that belongs to the taxpayer and trump's personal items which belong to him. something the doj says it's already done. this was a double win for former president trump. he'll get a special master, and the judge ordered the justice department to stop its criminal investigation while the special master does its work. a separate investigation led by the head of america's director of national intelligence will be allowed to move forward. looking into how much if any

damage was done to america's secrets. this decision to allow a special master startled many legal experts. the decision to allow that special master to consider executive privilege, as well, really surprised them. executive privilege protects the president's privacy in the white house, but trump is not president. this came up three years after nixon left the white house. he wasn't mt. but wanted to claim -- president, but wanted to claim executive privilege for the watergate tapes and the courts said no for two reasons. the tapes were part of a criminal investigation, much like the papers are now, and two, nixon wasn't president anymore. the judge in the trump case saw differently. the judge writing the high court "did not rule out the possibility of a former president overcoming an incumbent president on executive privilege matters." obviously this needs to winds through the courts which we know is often a deliberate strategy for the trump team. but we can boil it down to one

simple idea, and that is the trump team's saying that the 11,000 documents are protected from screening by outside eyes. the justice department says it doesn't matter what those documents are or who looks at them, under american law they don't belong to you. we'll be tacking all of this. we don't expect any progress today, but we got surprised yesterday. we'll talk about it on twitter, where you'll find me @scottmcgrew. >> thank you. do you know when you or the man in your life should start screening for prostate cancer? in the u.s., one in nine men will get a prostate cancer diagnosis sometime in their lifetime. for black men it's one in six. for men with the family history of prostate cancer, it's one in five men. for men at average risk, you should begin screening at age 50. because of the higher risk factor, african american men should start at age 45, and men with a first-degree family history, that is a brother or a father with prostate cancer, those screenings should begin at

age 40. with nuclear medicine, there are more focused treatments, too. >> the men need to man up and go talk about this and get checked. and it's -- the earlier you check it, the better it is. >> someone who's diagnosed at any stage of the disease, the prognosis is much better than it was five or ten years ago. in fact, i lost my own father two years ago, and the treatments and these -- coming up in the pipeline. >> you don't want to put it off because the five-year survival rate for men whose cancer is caught before it spreads is greater than 99%. trending morning, a look at how life starts after winning 23 grand -- >> clearly for one, you'll need one of these. the blanket. ur probably earned rest there. this is how serena williams started her retirement from the game of tennis. she posted this on social media

with the caption saying, quote, how was your weekend? this was mine. yeah. you know show called her career -- she called her career quits last friday. this is with her third-round loss in the u.s. open. you know what, well deserved rest there. >> absolutely. i bet little olympia put that on her. >> i bet she did. >> she's like, mommy's going to be home. that's exciting. that's exciting. >> i'm sure she's doing some other stuff. >> line nine other things. >> right. >> maybe a little bit more. boy, you do not want a blanket -- >> we already have one. i mean, we can feel it out there. yeah. it's been pretty rough out there as we deal with this historic heat wave for the bay area. if yesterday was bad for you, we have to brace for one more day. this will be the peak of the heat. we're already starting out with some warm temperatures. notice the orange colors here. these are upper elevations where we have temperatures already in the 90s.

in the valleys, we're starting out in the upper 60s and low 70s. we know it only goes up from here. the seven-day forecast is coming up at the bottom of the screen. i don't want to see you out there running after 8:00, 9:00 in the morning. look at antioch and our temperature trend. we're in the mid 70s for your workout in the morning. head to the gym. air continuing. all that stuff. don't go out for a run after 9:00 to 10:00. look at these temperatures -- we're reaching into the triple digits by noon. and we'll compare what we're expecting today, compared to our records and even all-time high temperatures, liverpool expected to reach 118 degrees today. that would blow that old record from 2020 out of the water. we're going to see more extreme temperatures today. even as we look up and down the peninsula from 90 in san francisco, 99 in san mateo. and 114 in dublin. santa rosa reaching 111. tomorrow we see some of these temperatures coming down just a

little bit, but then it's right back up on thursday. we are not done with this heat wave yet. we're looking at our thursday temperatures, still in the 90s for oakland. and 106 for los gatos. the effects of this heat on your body can definitely really take its toll especially going deeper into day after day of these hot temperatures. watch out for any signs of heat exhaustion or heatstroke. definitely possible, especially with temperatures like this. if you're going to the beach to cool off, it's still going to be hot at stinson beach, reaching 93. then some better weather coming over the next few days where our valleys are still looking at our highs over 100 degrees through friday. we may trade the heat for humidity this weekend. and even watch out for a chance of thunderstorms, especially on saturday with highs in the mid 90s. some weird weather. we're going to see that continue into the weekend. mike, you're see something slowdowns in spots. >> yeah. a few spots kind of cropping up. we talked about san jose here.

that's actually going to start letting up. it is starting for the first burst, the next will kick in in a half hour. this will build in the tri-valley. 84, that shows the volume of traffic coming out of the altamont pass. saw slowing, down three san leandro continuing toward hayward. this sort of migrated down with the first burst through the area. this will likely stick around with speeds just below the limit now between san leandro and union city. here we had slowing getting off of the bay bridge. there was a minor crash. it's cleared. the westbound community building now with the mering lights on, as well. back to you. >> thank you. a reminder, your roku can connect you to nbc bay area news and live breaking updates. to find us, childhoods the live tv tile on your home screen, scroll down to channel 133, and there you can watch the news that moves you forward any time, anywhere. happening now for you, marin-based software company autodesk is reportedly closing

its home base office. "the mercury news" reports close to 600 workers are currently based at the headquarters in san rafael out of more than 12,000 workers worldwide. as of october, employees will be transferred to the office one market in san francisco. now most of those affected workers are currently designated as hybrid and not currently required to be in the office. tracking dangerous, deadly flooding. ahead on "today in the bay," the damage done after strong storms moved through northeast georgia, plus the role climate in crisis is playing on recent extreme weather patterns. then at 6:00, tracking the ongoing bay area heat wave as many people flock to the beaches and the pools to stay cool. where else you might be able to beat the heat. stay with us.

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switch to the fastest mobile service - xfinity mobile. now with the best price on two lines of unlimited. just $30 a line. welcome back. the time is 5:57. you're watching "today in the bay." turning to our climate in crisis, we are seeing another round of flooding possible again today across the south as 50 million people are across the east are under a flood watch. and in comes on the heels of the holiday weekend where about a foot of rain fell in somerville, georgia. that submerged homes, swelling

creeks and rivers, and washed away roads. this video is becoming all too familiar as this may go down as yet another one in 1,000-year flood event. there have been five others in the past two months across the u.s. st. louis, eastern kentucky, southeastern illinois, dallas, and death valley have all recorded historic rainfall this summer with other record floods happening around the world. and these events are linked to climate change from warmer temperatures as carbon dioxide blankets the earth. warmer air can hold more water causing torrential downpours, and it's happening more frequently. for more on the impacts where we're seeing, go to nbcbayarea.com and click on our climate in crisis page. there's also solutions on how you can reduce your carbon footprint. >> thank you so much. we are coming close to 6:00 this morning. and developing in san diego, a military contractor who pleaded guilty to corruption is now on the run. federal authorities say leonard

glen francis cut off his gps monitoring ankle brace loefrt the weekend. -- bracelet over the weekend. he offered a half million dollars in bribes to navy officers for classified information and favors for his singapore-based company. he also overcharged the u.s. military by more than $35 million. his neighbors say they saw u-haul trucks in front of his house before he took off. >> there were people that were moving things in out, but there were shadows. just -- i saw them from my peripheral vision. didn't look. >> he's been on house arrest since at least 2018 and was set to be sentenced at the end of the month. right now at 6:00, a live look across the bay area as another day of extreme heat is on top. some places could approach all-time records. you're not going to believe the numbers. meteorologist kari hall is timing it out for your neighborhood including one city that could reach 118 degrees.

and keeping a student safe amidst the heat wave there. the steps bay area school districts are taking to make sure students stay cool. >> reporter: a fierce fire-fight under way in southern california which is also dealing with scorching heat and a deadly wildfire exploding in size. an update on evacuation orders and the tough conditions crews are facing on the front lines. this is "today in the bay." we are streaming lime on roku, amazon fire, apple tv, and on line. thank you so much for starting your tuesday with us. i'm kris sanchez. >> i'm marcus washington. meteorologist kari hall has been tracking temperatures for us. normally this is what the end of the day would look like. this is how we're starting out with these temperatures. >> yeah. it's really crazy. we're going to have to deal with more of this extreme heat across the bay area. i couldn't believe it -- like even driving through the sunol