i'm going to go where the people go. all right. this morning on the "today" show we are hearing from the winner of this year's u.s. open. >> yes! >> he kicks down all of the stars. >> 29-year-old wyndham clark. he won the u.s. open despite being the 2017 pac-12 golfer of the year in college, this is only his second professional victory and it happened in a matter of weeks. look at that expression, the emotion on his face. now, if may clark won the wells fargo championship. he says the string of wins he has is really pretty special. >> you know, i have tried played in this thing since i was like 15 years old so i tried so many times. so to finally get one play in it is awesome, and to win it is

surreal. >> clark dedicated this win to his mom who died of breast cancer in 2013. he says he never felt her presence more. that is very sweet. sweet victory. you know, sometimes it is beautiful when lives transcend but you can still feel their presence here. >> absolutely. >> never give up also. >> that's so awesome. >> and never forget. >> that's great. all right. you can catch that full interview which i'm sure you are going to want to see with wyndham clark, that's after "today in the bay," that's at 7:00. so watch out for that. breaking news for you at 6:00, up in flames. a warehouse fire breaking out in the east bay overnight. a look at the damage done and the investigation under way. >> you know, he is our president either way. so it is kind of cool to be excited to see him in person. and president joe biden continues his visit to the bay area. the stops and key meetings he

has on his schedule today. and a desperate search underway. the rescue opeperation in t thep sea as crews race against time to locate five people on board a missing tourist submarine including a possible passenger with bay area ties. this is "today in the bay." ♪ ♪ and a good tuesday morning to you. thanks so much for starting your morning with us. i'm marcus washington. >> i'm ginger conejero saab. laura garcia has the day off. i was just going to call her laura. we are going to get a look at weather and traffic. you have been keeping your eye on some things. since 1:30 this morning we had this crash. >> wow. >> two big rigs got in a crash. still kind of wedged together, actually parts of them. this is on the east shore freeway we have circled. that's the typical pattern. we have a commute today unlike yesterday, very light traffic flow on the holiday, and over here it is a very tough drive.

we have about three miles of slower drive showing up. the backup starting just after hilltop drive. we had only one lane open, i had because no confirmation yet but we have looking at speeds lighting up green to yellow, slower traffic as folks are squeezing by. we may have a second lane open. i will check to see what is going on for westbound 80. this is a slow drive here. there is enough traffic coming in that the metering lights are on. there's slowing coming northbound 101 through san jose as well, slowing as well near the airport and south 680 out of the tri-valley there's a crash as well approaching mission. this crash must be affecting at least one lane. we will double check the details for the tri-valley as well. vianey, we had winds kicking in but how are things now? >> we certainly did. it was a concern because we saw a couple of fires break out and today we will notice

temperatures will remain below ceaseable but still brezzier. a beautiful shot of san francisco. so let's look at your plans for the afternoon. wind speeds are light in san jose. notice the bump up by 10:00, 11:00 into the 60s. eventually we will see another day in the 70s for san jose. enjoy it. it is the last day of spring. by tomorrow the official start of summer, we do see a bit of a bump heading into the interior valleys and even in san francisco. you can expect to see some sunshine. i will send it back to you. >> thanks a lot, vianey. breaking news overnight, a four-alarm fire is under investigation in antioch. it happened around 11:00 p.m. at an abandoned warehouse in the marina plaza next to the boat launch and the fishing pier. new video shows the warehouse up in flames. you are seeing it there. firefighters tell our photographer on the scene that wind made the fire hard to put out.

firefighters are using drones to survey the damage. president joe biden's bay area visit continues today. "today in the bay's" kris sanchez is following that for us. kris, the president starting his day in the bay area in san francisco. >> starting his day. boy, it was breezy. vianey was talking about the wind yesterday, tried to get a cool picture with air force one behind me. whoever you vote for, it was a sight to see. >> it was pretty cool. >> it was really windy. the president will take his normal briefing in the city and then he will layout how his administration wants to deal with artificial intelligence. here you see the president arriving at moffett field a few minutes ahead of schedule and the president hit the ground running. he announced a $600 million investment to helping communities address climate change. he attended fundraisers in los gatos and atherton hosted by silicon valley heavy hitters including the co-founder of linked in, the chief technology officer from microsoft and a major venture capitalist. >> i remember yesterday you were

mentioning a lot of people refer to the bay area as the atm because a lot of political big hitters come to the bay area for fundraising. >> oh, yes. >> florida governor ron desantis here as well. >> the presidential hopeful was in town to cash in on donors who support his conservative agenda. at least two california lawmakers and about 50 people attended a fundraiser in sacramento. that's him in the distance. he didn't really stop to engage the press. sources say he also attended a fundraiser in woodside but it was very hush, hush, so hard to know what happened there. threat's go back to the president. what is on tap for him today? >> he is going to continue his visit here in the bay area. the president is going to meet with experts to talk about artificial intelligence. we expect in the next couple of weeks his office is going to release some sort of policy regarding artificial intelligence. he says it is not just about cracking down on the dangers of

it but trying to figure out how to harness the benefits that could come from a.i. as well. >> you know, for a lot of people a.i. is still kind of scary, but certainly it is good to see that the president is trying to get on the front end of it all and lead the conversation. >> yeah, that's going to happen today and, of course, more fundraising because if you are in town you may as well cash in a bit. the president will be at a reception with governor newsom who was on the tarmac yesterday. they will be at cant field in marin county trying to pass the basket, pass the hat around. >> that's what it is, pass the collection plate around, in church anyway. look, the president is expected to remain in the bay area through tomorrow. our coverage on his visit will continue even when we're not on air. you can go to nbcbayarea.com. we will have information there. you can also download our free "nbc bay area news" app. ginger. >> that's a lot, marcus. the supreme court session is set to end in the coming weeks. a lot of eyes will be on the high court and there are still decisions on cases yet to be

announced including rulings on affirmative action, lgbtq rights and the president's student loan forgiveness program. "today in the bay's" brie jackson joins us live from washington. brie, there's a lot of eyes on the supreme court and the decisions. what can we expect? >> reporter: yeah, good morning, ginger. so a lot of eyes are on some key decisions including one involving student loans and whether the biden administration's plan to provide up to $20,000 in debt relief will stand. from college admissions to lgbtq rights, the supreme court is poised to weigh in on some of its most divisive cases by the end of july. >> last year the dobbs' opinion which overruled roe v. wade was decided on june 25th. so well towards the end of the term. so this is all business as usual. >> reporter: the future of president biden's student loan forgiveness plan is on the line, a decision that could impact the financial futures of 40 million americans.

>> this is about economic mobility, being able to move forward in society as a multi-racial democracy. >> reporter: we are also awaiting a key decision on affirmative actions. justices will decide the legally that is used to admit students. >> race alone should not account for whether someone is admitted or not. >> i have heard the word diversity quite a few times and i don't know what it means. >> reporter: the court with its 6-3 conservative majority is expected to rule on a major case concerning lgbtq rights after a christian web designer refused to provide services to same-sex couples. >> and the question is can a website designer say, sorry, that's not my kind of marriage. >> this is not a hotel. this is not a restaurant. this is not a riverboat or a train. i'm interested in the intersection of public accommodations law and speech. >> reporter: the public is watching and waiting to see how

the high court rules. and the rulings this week come as the nation marks one year since the conservative court's decision to overturn roe v. wade and the legal rights to an abortion. ginger. >> thanks a lot, brie. that's one big decision right after the other. 6:09 for you this morning. developing now, a team of ships and airplanes, they are combing the atlantic for a submarine that vanished while descending to explore the wreckage of the titanic. rescuers are in a race against time to find it. that submarine carrying five people, a pilot and four passengers, it went missing sunday about 900 miles east of cape cod. this is while descending to view the titanic wreckage. the craft takes tours some 12,000 feet under the water. the coast guard saying it has the capacity to be submerged only about 96 hours. that's about four days. >> during dors of the dive they lost communications and we have

not had communications with the submersible since then. >> according to social media post british millionaire hamish harding is among the passengers. the 21-foot submersible the owned by oceangate which operates small subs as well as research and film production. a tourist trip for the titanic costs $250,000. now, the sub's operator, ocean giveaway, meanwhile hasa bay area time. ceo and co-founder stockton rush received his mba from ucla berkeley in 1989 and there are reports, though not confirmed, he may be among those aboard. devoted fans appear to have stepped up to help a popular south bay bakery targeted. maybe you have eaten the sweet streets. the team came to nbc bay area last year to celebrate hispanic

heritage month, but over the weekend the owners posted a photo showed their wrecked van saying it was stolen saturday afternoon. they actually set up a gofundme page to purchase a new van and work equipment, and we can tell you this morning that they have already reached their goal. let's take a live look now at san jose where the sun looks like it is really just coming up on a beautiful morning. vianey has more details on what to expect. it is nice to have a calm start to our day. it is 6:11 and we will see something changing into the afternoon. ear is a closer look. we saw the windy monday, but now we will see some chilly nights pretty much through the early -- tonight, by tomorrow things warm up. i want to turn your attention to the allergy forecast because the wind has been kicking up a lot of the pollen all over the place. here is what to expect for today. we have high tree pollen and then we have moderate grass

pollen. nettle is low. with the afternoon wind gusts from the west, 15 to 35 miles per hour, it is likely if you are out and about you will notice your allergies acting up, especially by mid afternoon. one thing about today is we will notice as well that the temperatures will be in the 70s before we see a warm-up by tomorrow. now we want to take a look at how the commute is doing with mike. >> vianey, we are looking at the big map and so far things look pretty standard but i want to call out two crashes. we have more of a commute than yesterday's holiday. looking at south 680 slow because of the crash blocking two southbound 680 lanes around mission south, you know, the fremont funnel right here. mission to the north is where the slowing starts so keep it in mind as you are traveling down out of pleasanton, some norah area. this one continues for west 80. only one lane off. i looked for changes in the area, but chp says still one

lane open. the backup is maybe towards hilltop where you are hitting the brakes. the rest of the westbound commute kicks in for the bay and metering lights on at the bay bridge. no changes. so folks are no using highway 4 as the alternate, not yet, but the backup is about three miles heading into richmond. back to you. >> thanks a lot, mike. new hope for a nearly extinct animal species. ahead on "today in the bay," the recently discovered here in the bay area an extremely small animal that may be expanding its presence from the only area it is still known to exist. in the business world more reports of lay-offs at bay area companies. we will have the latest. take you out to the futures this morning. great week last week and of course no trading yesterday. looks l like walall street i is toto take a breather.. popop supererstar sean mend ♪♪ my reputatioion ♪ ♪♪ mananipulating g my decisioi♪ ♪♪ wbaby t there's notothing h me back k ♪ >> that's pop s superstar s se

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welcome back. it is 6:17, and maybe you are getting ready to head to work. here is a look at your forecast for richmond. temperatures will go from 50s to 60s, eventually climbing into the 70s.

expect to see a slight warm-up with lots of sunshine, and it won't be as windy but you can expect to see some breeze. keep it in mind. we have some changes. summer officially starts tomorrow. we have two faces of the east shore freeway right now. look, we see university west 80 coming towards us with the headlights. look how great it is through berkeley. look how bad it is coming in through richmond and san pablo because of this crash since 1:30 on the upper east shore freeway. if you are coming off the richmond bridge, that's great. off the carquinez bridge it is a tough drive. we will talk about it coming up. good morning. happy tuesday to you. twist biosciences in south san francisco filed a notice with the state about laying off workers. 197 jobs here in the bay area. employees at bay area's gainsight report lay-offs there. this is file video of one of our visits to the company. we have this video because the company consistently ranks as

one of the best places to work in the world. gainsight topped glass door's list of great places to work last year, number one. we spoke a few months ago with the ceo nick meta and i asked him about lay-offs. >> at gainsight we tried to manage things, you know, as carefully as we can. for example, slowing down hiring early and slowing down expenses so we can take care of the teammates we have. obviously none of us control the future, but a big thing for us is always trying to take care of the people inside the company. other news, cnn reporting a group of hackers have the personal data of employees at san francisco's reddit and they're holding on to the data for ransom. one of the hacker's demands, reddit reverse recent policy changes that angered users. this is a "anon" ire, a venture capitalist. he quit his high-paying job when his daughter was born ten years ago. back to work now, but considering father's day was last sunday we spoke on our

podcast sand hill road about fatherhood. and when two dads get together as we did, there's going to be a discussion of dad jokes. >> i've been told you like dad jokes. >> yeah. >> what's your favorite dad joke? >> oh, man. how pc can you get on this? >> you can do anything you want. >> oh, man. i mean -- shoot. >> dad jokes are not known to be dirty. >> dirty dad jokes on sand hill road, available on apple podcasts, google play, spot fiechlt you asked me to tell you a dad joke. i will throw science in there as well because you have to teach when you are a dad. you know when you see geese flying south for the winter? >> yes. >> okay. and they form that -- >> v. >> it is like a v, right? >> yes. >> sometimes one of the sides of the v is longer than the other. do you know why that is? >> why. >> there are more geese on that side. >> you can hear the other dad laughing, mike. >> from way back -- there are

more geese on one side. >> and that makes the line longer. >> oh. >> and we stumped ginger. >> i'm thinking, di miss something. >> it is stupid. >> that's the point. >> maybe i'm a future dad because i got it. >> i don't know what it says about my mom skills. >> thanks a lot. gosh. new this morning, scientists are excited about the discovery of a nearly extinct kangaroo rat found in santa clara county. the rare santa cruz kangaroo rat was believed to only be living in henry kyle state park, but "the mercury news" reports researchers recently found one in the santa clara county mountains after first spotted with a camera in 2019. now, scientists say the

discovery raises hope that the rat may survive extinction. california is now funding a survey to better understand the species. well, this morning pop superstar sean mendez making a surprise appearance on stage. >> it happened when he joined another pop superstar, ed sheeran, during sheran's concert in toronto. ♪ ♪>> this is the first time mendez has taken the stage, for the first time in more than half a year. this was on saturday. remember, he cancelled the rest of his tour last year citing mental health concerns but mendez recently released a new song. sheeran's mathematics tour meanwhile will make a stop in oakland at the fox theater on september 15th and levi's the following night. wow. you go from small theater, intimate, too, boom.

>> right. and i'm sure he will be filling both. >> i know. >> and maybe we will see shawn mendez there too. you never know. >> hey, always ready to pop up, right? >> speaking of pop-up, this weather. summer is popping up quick tomorrow. yes. we will see a perfect little warm-up before we officially change the weather pattern into a new season. in san francisco -- oh, you saw the birds flying by there. your hour-by-hour forecast, we will start a little chilly, we have seen it in the north bay. winds from the northwest, 5 to 15 miles per hour. let's take it to noon, your lunchtime. mostly sunny. mild temperatures. winds from the west/southwest, 10 to 20 miles per hour. daytime highs today will be pretty much in the upper 70s, so very similar to yesterday. you know, we've been seeing that cooler weather because of that system that swept through on sunday. now, it brought us the wind speed but also with the wind comes the allergies. so if you are going to be out and about today i want to make

sure you are prepared for high tree pollen. we have moderate in the grasses and we can expect to see the afternoon wind gusts yet again. 15 to 35. a lot of the wind also will be mainly around the coastline. now, long-range outlook right now, we have what appears to be warmer air setting up for the weekend ahead, which will hopefully start to bump us up into more seasonable temperatures. rain expected in the seven-day forecast but i want to give you up a quick update. right now state reservoir levels are at 84% of capacity for the four largest in california. so we're doing good in the reservoir section of our rain, especially after a record winter. now let's get a look at the roads with mike. unfortunately, vianey, we still have a crash that has been going on since 1:30 this morning and we haven't had an update. we are hoping for an update and some change from one lane open over the next half hour but we are looking at west 80 backing up now before you get to hilltop, it is jammed up. you can use san pablo avenue to

get around it or get over towards the expressway. richmond parkway is seeing more traffic as folks are trying to get through. there's a new crash fremont and the backup on the bay bridge will slow you down. back to you. >> thanks, mike. our climate in crisis, could it some day affect our population? next on "today in the bay," the key impact it is having on those

welcome back.

6:27. new this morning, climate change is starting to play a part in many people's life decisions according to a new survey. it shows 53% of people say climate change will affect their decision to have kids. more than nine in ten parents say climate change is a concern in their life. four in ten say climate changes affects the companies they would work for. those surveyed say they prefer to work for companies committed to solving environmental and social issues. 6:37 for you right now. the top stories we are following for you on "today in the bay" including breaking news. a big rig accident on the east bay causing a commute issue for you. mike tracking that backup for us. us. ssmartial ararts is my p passio.

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healining from w within is a powererful thing.g. ask yourur eczema spspecialit hohow dupixentnt can help p l yoyour skin frfrom within.. breaking right now at 6:30, a fire destroys a massive warehouse overnight in the east bay. we're live at the scene with a look at the aftermath and the latest on the search for a cause. gunfire leads to a late-night closure on 101 in san francisco. what police are revealing about that investigation with traffic now back to normal. and struggling to make it in the bay. new findings revealing some of the truths behind the hardships for californians who don't have a place to call home. this is "today in the bay." ♪ ♪ good morning. i'm ginger con hair owes saeb in for laura garcia. >> and i'm marcus washington. time to get a look at the traffic because, mike, you have

been following breaking news since early. >> since 1:30. i haven't been following it. that's when the crash happened. since early this morning we had backup here westbound 80, your commute direction off the carquinez bridge heading toward the bay bridge. look at the crash scene. the backup is more than three miles now from before you get to hilltop you are tapping the brakes and riding the brakes down to just one lane open right around cutting boulevard. that is causing the bulk of the backup. it is about 40, almost 45 minutes from highway 4 down to the bay bridge. look, most of the slowing is as you are coming into richmond, keeping berkeley lighter but then there's more slowing across the bay bridge because of a crash at fremont off westbound 80, your drive into the city. there's a crew trying to clear that from the off ramp. we should see some recovery. the backup which is now moving at the bay bridge is a crash southbound 680 at mission, they may have cleared one of the two lanes that were blocked. back to you. >> thanks, mike. we continue with breaking

news this morning in contra costa county after a massive fire breaks out overnight at an abandoned warehouse near a local marina. >> "today in the bay's" pete suratos is there with more. >> reporter: the scene is clear following an abandoned warehouse fire overnight. it required quite the response. we want to show you some of the images our crews caught when it took place. according to contra costa county fire they're saying the abandoned warehouse caught on fire just before 11:00 p.m. it is located near the antioch marina in the city. crews spotted heavy fire when they arrived. they said it was coming from the roof area. at that point it escalated to a four-alarm fire because there was a ridge station fire that took place on the side of the warehouse. we got information from fire officials saying they had to go on the defensive when it came to battling the fire at a certain point because there were structural issues in the

abandoned building. in fact, here is a fire official elaborating more on the operation. >> we had difficult access into the inside of the building. portions of the building have a large basement so we're concerned about the structural stability of sending firefighters into the abandoned building. >> reporter: we spoke to fire officials on the ground this morning. they say there are not injuries to report at this time. at this point the cause of the fire is under investigation and as we get updates we will bring them to you in the newsroom. reporting in antioch, pete suratos reporting for "today in the bay". we are following breaking news on the national front. our scott magru is in the newsroom with federal charges against hunter biden. >> these were just announced. there are two charges, one is federal criminal tax charge. the other is something to do with a firearm charge. i will explain that one in a minute. what you do need to know is hunter biden's lawyer says biden has already pleaded guilty to the criminal tax charge.

chris clark, an attorney for hunter biden, telling nbc news it is his understanding that the five-year investigation into hunter is resolved. hunter will take responsibility for two instances of misdemeanor failure to file tax payments pursuant to a plea agreement. now, it is the firearm charge that is interesting. we are not seeing any indication that biden will plead guilty to the firearm charge. this has to do with a form he filled out when he was getting a firearm and said that he was not addicted to drugs at the time. being incorrect on a firearms form is illegal, although there has been some recent case law that even puts that into question. so if you are just joining us this morning, the united states department of justice has charged hunter biden, the president's son, with two charges, one of which biden is

going to plead guilty to. that is a tax charge. the other is a gun form charge. we will continue to monitor this, and if any other statements we will bring them right to you, ginger. >> thanks a lot, scott. we will be watching out for though. meanwhile, police in san francisco are investigating gunfire on a busy stretch of highway 101. now, it happened around 10:00 last night near the northbound ramp to interstate 280. no one was injured, but one car was hit multiple times by gunfire. for a time the investigation also closed all northbound lanes. across the bay the chp is investigating gunfire near southbound interstate 880. that happened about 9:00 yesterday morning on the 66th avenue off ramp near the coliseum. the driver in that shooting also escaped injury. oakland police are investigating a deadly shooting near maxwell park. this happened at about 6:00 last night on camden street as it

turns into mcarthur boulevard. this is west of mills college campus. so far the victim, a man, has not been identified. police right now not saying anything about whether investigators have information about a possible suspect or motive. developing this morning, police are still looking for at least one person involved in a rolling gun battle along san francisco's waterfront that injured six people and sent many others running for cover. this all started on fisherman's wharf as people were out celebrating father's day on sunday. that gun men in two separate cars fired at each other for more than a mile before one of the cars crashed. police say two people in the car that crashed, well, they were shot, one critically injured. the people in the other car, a white sedan, got away. we actually spoke with one musicians performing with her husband on pier 39 when all of the chaos erupted. >> we were in the middle of a song and suddenly it sounded like fireworks were going off right behind us. >> of the four injured

bystanders, one is a 10-year-old girl struck by one of the speeding vehicles as she was walking her bike across the street. three others were injured by flying glass from the shattered windows. now new this morning, a new look at california's homeless population. ucsf researchers conducted a statewide study which they tout as the largest examination of california's unhoused in nearly three decades. they found 90% of the state's unhoused population are from california, and 75% live in the same county where they lost their housing. now, two-thirds were born in california and the homeless have a median age of 47. some of the reasons why people became unhoused, for more than 20% it was directly tied to loss of income, but it is not the only economic-related cause with most of the other leading reasons also tied somehow to finances. we are taking a live look now at walnut creek, and we've

been counting down to the first day of summer tomorrow. meteorologist vianey arana has been telling us what to expect as we continue the countdown. you know, we are taking a closer look not only at the weather for today. it is going to be beautiful, temperatures in the 70s. our very own rob mayeda yesterday did some digging into how our air quality has been faring. we know the wildfires in canada impacted a lot of the east coast and even parts of the midwest with the u.s. when it comes to the poor air quality. if you take a look at this, this is according to the bay area air quality management district, this year we have seen only one spare-the-air day so far. now, comparing this back to 2005, that's the last time we only saw one, and then in, you know, 1997 we had three. in 2004 we had four. and then if you look, 1992 we had seven. now, this is a really great improvement. of course, the record rain

certainly helps with this, and today we are expecting to see great air quality from the northbound through the peninsula, the bay and down through the south bay. let's get a check of the roads with mike. you know, vianey, i have no update. i know chp is busy controlling everyone's safety on the scene, caltrans is trying to clear the scene so we don't know of any progress except the fact we have one lane of westbound 80 open. it has a bigger backup now. folks getting over to richmond parkway to get pass it. once you are jumping on at potrero, westbound 80 is okay. you have slow down from richmond to san rafael, standard here. a little more slowing over at the bay bridge, but the crash should be clear at fremont in the next couple of minutes. a crew is there. later on today we are looking ahead even farther to the game. the giants play tonight so there will be crowds in the area and with work traffic there will be more traffic than yesterday. we have good news. southbound 680 crash did clear

at mission as we were talking about the sensors changing. in the south bay, north 101 and north 87 showing a bit of slowing and that's a typical pattern for silicon valley. back to you. >> thanks, mike. rolling back police accountability. coming up, governor newsom wants to overhaul new laws on misconduct investigation. the reason money issues may end up muddling the push for transparency. and san jose's winchester mystery house gears up to celebrate 100 years of tours. how in a matter of days you can help take the festivities late into the witching hour. you are watching " to

jackie: community schools are so important to us. this is truly what students need. cecily: no two community schools are alike because it goes by what is happening in the community. rafael: we want this to be a one-stop shop for our families that puts parents and students first. kenny: the health and wellness center is a part of our holistic approach. terry: medical, dental, vision, and mental health services. we're addressing the students' everyday needs. kenny: what we do allows them to be the best version of themselves. narrator: california's community schools: reimagining public education. this is an nbc news special this is an nbc news special report. here is savannah guthrie. >> we have breaking news at this hour. reaking news at this hour. following a year's long investigation, the president's son, hunter biden, has reached a

plea agreement with the u.s. attorney's office in delaware. hunter biden set to plead guilty to two misdemeanor counts of failing to pay his taxes. the prosecutors as part of the deal agreed to recommend probation, no prison time. kristin welker joins us with details behind this plea agreement just filed that appears to wrap up the investigation into hunter biden. kristin, good morning. >> good morning to you. this is a five-year investigation that has now been wrapped up. as you say, this is a trump-appointed u.s. attorney for delaware that has reached a plea agreement with hunter biden, in which he is expected to plead guilty to two federal misdemeanor counts of failing to pay his taxes. now, notably, he also faces a separate gun possession charge. that is likely going to be dismissed if he meets the conditions that have been hammered out under this agreement. we are getting a statement from the attorney from hunter biden, who tells nbc news, quote, with

this announcement of two agreements between my client, hunter biden and the united states attorney's office for the district of delaware, it is my understanding that the five-year investigation into hunter is resolved. now, taking a step back here, savannah, what is happening is that hunter is not being charged with the potentially more serious allegations of potential criminal misconduct business dealings, scrutiny of his business dealings with chinese-owned businesses, ukrainian businesses. this will undoubtedly become a political matter. we are reaching out to, of course, the white house. we have not heard from the white house yet about this. president biden has really not said a whole lot about this. he has argued that he wants to keep distance between himself and, of course, the justice department in this investigation.notably, he did m comments in an interview with stephanie ruhle saying, quote, my son has done nothing wrong.

i trust him. those will come under fresh scrutiny. this comes a week after former president trump pled not guilty to 37 counts that he mishandled classified documents. republicans, the former president, argued there are two systems of justice here. one for democrats. of course, that is an argument we have seen both republicans and democrats push back against. and the counter point you will undoubtedly hear from democrats is this is a trump-appointed u.s. attorney. but, again, a lot of scrutiny with this new development. >> there will be a lot of politics to discuss. let's stay on this legal agreement. i want to turn to ken dell lainen. this is essentially a global resolution of this five-yearlong investigation into hunter biden that looked at his taxes, this gun charge. also was scrutinizing business dealings he had overseas,

whether or not he failed to register as a foreign agent, among others. is it your understanding that this investigation looked into those matters and has concluded there are no charges forthcoming? >> reporter: good morning, savannah. i certainly know from my own reporting that the investigation did look into those matters. i guess the way to put it is we have no reason to doubt the on the record statement from mr. biden's attorneys that this resolution concludes the inquiry. nbc news reported that hunter biden received some $11 million from 2013 through 2018 for his work with the ukrainian firm and a chinese business person. and that work and some other issues are now the subject of investigations by congressional republicans. we also know that the justice department took a look at those issues. and if hunter biden's attorneys are to be believed, found no evidence of wrongdoing. and, in fact, nbc news previously reported that there was a felony tax charge on the

table under consideration related to the improper use of a business expense. obviously, the doj has decided not to bring that charge adds part of this agreement, which is significant. that was the only felony tax charge we were aware of. what you have are two misdemeanor charges about willful failure to pay taxes and this gun possession charge, possession of a gun by a user not entitled to possess one, which mr. biden is admitting to the facts of that charge but will be entering a deferred adjudication that will be wiped off his record. so a significant legal victory for mr. biden in the sense that there is no jail time called for here. but at the same time, an admission of wrongdoing, even when, as kristin said, his father had said very recently that his son did nothing wrong. he is admitting to a crime here, but not a felony. >> it is a guilty plea to two misdemeanor counts. and the gun charge that has to

do with the paperwork you sign when buying a gun. danny, you have seen many plea agreements. this will come under close scrutiny because it regards the president's son. now he has been given a plea agreement that allows him to plead guilty to misdemeanors only in which the prosecutor will only ask for probation, not jail time. this is a trump-appointed prosecutor that stayed on in the next administration. is this in line of what you would see when you don't have a famous defendant? >> yes, given these charges. the vast majority of federal cases are felonies. if you take a look at the lowest level of the united states sentencing guidelines, they will go from 0 to 6 months. that will include felonies. let's say a false statement. we have seen that in the case of former general michael flynn. sentencing guidelines for the lowest level felonies and

first-time offenders will be in the 0 to 6-month range. if you are talking about federal misdemeanors which are pretty rare in the federal system, then it isn't unreasonable to expect you might be able to get a pretrial diversionary program. however, i have to stress that statistically since the vast majority of federal cases are felonies and the sentencing guidelines can be pretty draconian, and that's a defense attorney talking, that most of the part-time you don't see pretrial diversion cases. this free bite of the apple in federal court. you see a lot more of incarcerated sentences, where people are going to prison. but, again, in misdemeanor land, it is reasonable to expect a straight probation for even a pretrial diversion sentence if, if you did what this defendant did, which it appears that he raced to plead guilty, raced to negotiate his guilty plea. that's the situation where you would get federal prosecutors on

your side, recommending the same thing is defense is here. >> danny, let me ask you. another aspect of this is hunter biden paid back those back taxes, i believe, a year ago. now technically speaking, you can still be charged with the crime even if you pay it back. like you rob a bank and you return the money, you can still be charged with robbing the bank. do you think as a practical matter, that might have affected the prosecutor's decision to not seek a felony charge in this matter? >> it absolutely makes a difference. and this is the kind of thing. in federal practice, oftentimes, the defense attorney isn't looking to win an acquittal at a trial. more often, you are trying to give your clients the softest landing possible. you have to be creative. for example, you approach the government and say, look, there is a harm here. we can repay some of that. that doesn't exonerate the client, but it is something to be considered as we work towards a resolution that both sides can live with.

if the government feels comfortable with and that the defendant can live with. but that really is the gold standard for negotiating a plea agreement, is anything that keeps your clientprisons. >> it seems that is the agreement that has been reached. the federal prosecutor looking into this case with 2018. the president's son, hunter, will plead guilty to two counts, two misdemeanor counts, of failing too pay taxeses onn a g charge. he is going to enter into pretrial diversion and welcome back. we are just wrapping up the special report where hunter biden has pleaded guilty to two federal misdemeanor counts dealing with his taxes. of course, we will have more of that on nbcbayarea.com and more during our midday newscast as well. time to get a look at what is going on with the forecast for us today. summer is creeping very close.

>> very close. we have a couple of hours left of spring before we welcome officially the summer kickoff. san jose, beautiful shot there. you can see downtown. we do have plenty of sunshine in store for today. clear skies over san francisco. i mean this is a live look right now at the city, and temperature wise we did, of course, wake up to 40s. we have breeze kicking up, expected especially around the coastline. by 11:00, 12:00 we start to warm up. we keep the mostly sunny conditions, and then the temperatures bump up into the 70s but we are only going to max out today in the upper 70s. now, this is your last day of spring. still gusty. you see the breezy coast. aside from that, breezy everywhere else. the seven-day forecast, remember, we talked about the official start of summer? well, summer arrives officially at 7:57 a.m. tomorrow, and then on thursday we do get a bit of

that fog making its return. the temperatures will remain in the 60s for san francisco, but inland areas will see a very gradual warm-up just to welcome summer it looks like when you look at the seven-day forecast. i mean, look, we are going from low 70s to upper 70s, and that's going to tick through tomorrow. and then on thursday we start to see a decrease. the reason for that on thursday, there is a nearby system that could bring the chance of shower activity specifically to our north and east in the sierra, but the full forecast, of course, once again at 7:00. mike. vianey, we have lighter traffic because we are in summer break for a lot of schools and we had a holiday yesterday, so more traffic. but this is bad still, the same situation. one lane open, westbound 80, the backup from as you are coming into san pablo. hilltop drive is where you definitely will be on the brakes. richmond seeing more traffic flow, that's the way around it. everything else is kind of building on typical pattern after earlier crashes cleared. that crash in fremont, south

680, is clear at mission. no more problems towards the bottleneck. south bay, standard for 107 and 101. back to you. >> thanks, mike. happening now, the santa clara board of supervisors is cutting hundreds of jobs to reportedly try to close a $120 million budget deficit. many of the jobs were vacant positions. now, county leaders are also placing some projects on hold to save money including the demolition of an animal shelter no longer in service. last thursday the board of supervisors passed an $11.3 billion budget for 2023-2024. a quick look at the top stories we have for you this morning including that breaking news in the eastbound. a warehouse up in flames overnight. a look at the damage done and that investigation junlds w. we wilayl

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6:57 for you this morning. i want to welcome you back. we are moving you forward with a look at the top stories here on "today in the bay" starting with breaking news out of the east bay. >> and overnight four-alarm fire is under investigation in antioch. it happened around 11:00 last night at an abandoned warehouse in the marina plaza. that's right next to the boat launch and the fishing pier. now, new video shows the warehouse up in flames. firefighters tell our photographer on the scene that the wind made the fire hard to put out. firefighters are using drones to survey the damage. we also continue to follow breaking news. the justice department announcing a short time ago president biden's son, hunter biden, has been charged in federal court. he's facing two charges, one related to taxes, the other to a form he filled out when he purchased a gun. hunter biden will plead guilty to the misdemeanor tax violation.

there's still no comment yet from president biden nor the white house about those charges. he is likely to be asked about both as president biden continues the bay area visit today. ahead of our 7:00 a.m. streaming newscast, our kris sanchez will break down the stops the president will make today and scott mcgrew will have more on the charges with hunter biden. that's just moments away on nbcbayarea.com and wherever you stream. speaking of breaking news this morning, mike, you have been following breaking news on the road. >> yes, kind of an issue still from 1:30 in the morning. we still have a big delay down the east shore freeway. the map looks standard. i will zoom into the big problem. this is down through san pablo, westbound 80, your commute direction. you are backed up from before hilltop. richmond parkway has folks trying to get around. san pablo will take you down almost parallel to westbound 80

at points. you jump back on past potrero to get passed the screen. two big rigs scratched and wedged together. a lot going on. looking at the seven-day forecast so you can plan ahead, breezy. temperatures in the upper 70s through inland areas. we will keep the slight warm-up through wednesday, the official start of summer that is what is happening here on "today in the bay." the "today" show starts in a few seconds. good morning it's tuesday good morning. it's tuesday. the world watching that drama unfolding near the wreckage of the titanic. >> and the race to find it n