hi, everyone. i'm cynthia mcfadden. >> and i'm gabe gutierrez.

"nbc news daily" starts right now. today, tuesday, august 15th, 2023. breaking news, the fourth indictment. former president trump and high-blow -- high-profile members of his inner circle facing a slew of charges in georgia. the allegations over his alleged interference in the 2020 election and how team trump is responding. the growing concerns about the potential threats in the water and the air. blind side. the subject of an oscar-winning film hits back that the adoption seen in movie was a total line. what he said really happened. and you make the call, when is it appropriate to answer the phone and when is it best to do not disturb. cell phone etiquette. we begin this hour with the

fallout from donald trump's fourth indictment in five months. >> the former president and 18 others face a number of felony charges including racketeering over their alleged efforts to overturn mr. trump's election loss in georgia, the co-defendants include trump's former lawyer rudy giuliani and former white house chief of staff mark meadows and former top justice department official jeffrey clark. >> former president trump the 2024 republican presidential front-runner and his co-defendants are criticizing the new charges. fulton county district attorney said they have been issued arrest warrants. >> let's begin with vaughn hillyard live for us in atlanta. what has the reaction been from former president trump and his team, and how is this case different from the three

previous indictments? >> reporter: it's a defiant donald trump. this is somebody who told me over the course of the weekend this he will under no circumstances enter into a plea agreement, here in georgia or anywhere, for donald trump he continues to propagate the very election fraud claims that got him into this trouble in the first place, if you look at a fund-raising e-mail that he sent out earlier this morning he said in part that the, quote, the justice and the rule of law are officially dead in america, his attorneys here in georgia in a statement last night writing, quote, we look forward to a detailed review of this indictment which is undoubtly just as flawed and unconstitutional as this entire process has been. donald trump is 1 of 19 defendants here and these are very serious charges.

these are state charges. in the scenario were to win back the white house next november, these charges and ultimate conviction he wouldn't be able to pardon himself. we're heading towards tricky waters. for donald trump and his legal team right now there's the reality here they're facing headwinds in the state of georgia. >> let's bring in nbc legal analyst, danny, let's talk about those racketeering charges. >> i've heard lot of people they use these in mob cases and they do. the federal rico statute was enacted in the 1907s with the mob. in georgia, a group of teachers were indicted under georgia's

racketeering statute. it involves an enterprise, like a campaign, and some predicate criminal acts, those are spelled out in the indictment, they're blended together with some of the overdict acts that are required for another crime called a conspiracy, it gets confusing. conspiracy requires an agreement to do some unholy crime and an overdict act could be picking up the phone or reserving a room at the capitol is an overt. >> i want to bring in ali vitali, she's on the 2024 campaign trail in iowa, what are republican voters telling you about this new charges specifically trump voters, will this indictment move the needle? >> reporter: look, it's pretty baked in, when you talk people

who weren't voting for the former president they might be the most open to hearing about these charges and if you talk to people who are steadfastly in the former president's camp they think these are all trumped up by political opposition a slice of people in middle that that i'm looking at not necessarily because they're concerned about the charges and the substance of what the former president did, concerned about how it can impact at the ballot box? does it give you pause about his about to win again? >> yes, so, as far as the charges go, like i don't see anything there, but as far as someone who is a republican i don't see, it's hard to me to see the lane for victory for him. >> reporter: look, i think, gabe, that's where one of the

only cracks in the republican base could come from, we know the stranglehold he has on a majority of conservative voters. nevertheless it's the electability piece of this that could changes things. >> let's pivot from the politics to the law, danny, it's not either illegal or unusual for the losing candidate to argue about the outcome, how do you go from that which arguable first amendment aspect to it to this criminal indictment. >> as jack smith pointed out it's not lie to talk about whether or not you won the election. you can challenge it through the legal process when you cross the

line. conspired to break the law or actually broke the law. >> what's the biggest action? >> to me, everyone is focused on the phone call to brad raffensperger, a statement of hope, he said he won this election, later when he threatens allegedly brad raffensperger and suggests that he and his team are committing crimes. it means everything coming from the head of the doj the people who prosecute federal crimes. >> vaughn, republicans have been increasing their criticism of their justice department, accusing the biden administration of politicizing it to go after mr. trump, are you hearing any concerns from democrats about this messaging? >> reporter: right, gabe, this has been a concern since 2020 and really when the department of justice was weighing the

extent in which to investigate donald trump this was of course the key facet of it, because donald trump and the maga movement which has taken over the republican party have person tated a lack of trust in the fbi. you see that in june polling from nbc news, 1 out of 5 republicans say they actually trust the department of justice and fbi. again, that's just 1 out of 5 in may polling, 2 out of 3 republican voters believe that joe biden is an illegitimate president. to your question about democrats they're very well aware of it. the messaging out of the white house joe biden is acting separate from the department of justice and doesn't engage in conversations of donald trump with his attorney general merrick garland and garland appointed the special counsel jack smith to oversee the case and special counsel overseeing

the investigation of hunter biden, the president's son. >> thank you. the names of some of the victims of the maui wildfires will be released today. >> 99 people have died. a week ago today the so-called fire hurricane turned the historic town into charged runs, president biden spoke about the recovery effort earlier today. >> my wife jill and i will be travel there as soon as i can. i want to go and make sure they have everything they need. >> dana griffin joins us from maui, we're hearing more about some of the significant challenges that firefighters faced. what have you learned? >> reporter: gabe, we're hearing that firefighters in lahaina has issues with water, the water pressure was either low or

nonexistent, we spoke with one of the firefighters, listen. >> half our resources on the island were on the other side fighting a giant fire. i thought about that right away. holy cow, anyone coming this way it's going to be wild. anything that could come into play that could limit our resources happened. >> reporter: she also talked about the fact that power lines had fallen down preventing people from escaping through their cars and she said she saw people carrying people running for their lives, lot of people had to make life and death decisions. there are several lawsuits have been filed against hawaiian electric, many companies and several of the victims are blaming them for this fire, i want to mention the fire however

hasn't been determined. >> dana griffin, thank you. time now for our money minute. the usps announces a plan to boost revenue. morgan brennan joins us now. the postal service is offering discounts to its largest customers in an effort to boost revenue and volume. customers will receive a 30% discount after spending 1 million pieces in mail in 2024. more than 20 million americans are getting discount on internet service, on the federal program created to close the so-called digital divide. the program is available for americans who meet certain eligibility requirements, also receiving medicare or s.n.a.p.

new menu items. >> pimento cheese, sign me up. >> we didn't have lunch. that was mean. >> thank you so much. coming up, blindsided. . former nfl player who inspired the film the blind side, now it says it was based on a lie, how the family who took him is responding. plus, a new concern for pawi, why experts are worried that people in lahaina might that people in lahaina might have been trelelegy for cocopd. ♪ b birds flyinin' high, you know h how i feel.l. ♪ ♪ b breeze drififtin' on...♪ [cououghing] ♪ .....by, you knknow how i f f♪ if youou're tired d of starining down youour copd. ♪ i it's a new w dawn, ♪♪ ♪ it't's a new daday... ♪♪ .....stop settttling. ♪ it't's a new daday... ♪♪ ♪♪ ...and i'i'm feelin'' good♪ ♪ it't's a new daday... ♪♪

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the mother of a 6-year-old boy who shot his first grade teacher was inside a virginia courtroom today. deja taylor pled guilty to felony child neglect, police said her son uses her handgun to intentionally shoot abigail zwerner in a class room. tell us what happened in court today and what's coming next, what kind of possible sentence is the mother facing. >> reporter: as part of a deal with prosecutors deja taylor has pled guilty to felony child neglect. a misdemeanor was dropped.

this count still could carry as much as up to six months is what prosecutors we believe will be asking for but the judge has more discretion in the case. we'll hear the attorney in a moment. we should note that sentence willing be in october, october will be also the sentencing for a federal charge that taylor pled to. let's listen to what her attorney said outside the courthouse. >> it's just very emotional the whole hearing and it's just very upsetting to everybody. i think the judge rightfully explained it, theoretically he could go above if that was his decision. >> when her attorney was asked whether she feels responsible

for what happened, he did said, yes, of course the 6-year-old isn't being charged in this case. required a parent to be present with him and the week of shooting was the first week that requirement was lifted. we should mention that taylor had told investigators that previously her son had actually stolen keys from her purse, she kept that loaded firearm in her purse, it had a trigger lock on it. the oscar-winning movie blind side tells a story of a family who adopted a homeless boy that put him on a path to launch an nfl story. >> in a new lawsuit the real-life subject said that a major plot point was made up. michael oher said he was misled into believing he was being adopted by the tuohy family but

instead placed in a conservatorship. danny is back with us. as i say, you're the all-star today, this is the third appearance in two hours, let's go for it, what rights do people have in a situation like this with their own name and their own story. >> we have all rights to our own likeness and our own story, copyright that we pen about our lives as well. we contract those away. in the form of conseratorship someone can be appointed or take over the affairs of someone who can't take care of themselves. that's a situation where someone else steps in and manages the finances and makes sure the bills get paid. one of the many ways you can contract away the things that are typically yours and yours alone. >> danny, what's the recourse

here? >> i expect the courts will have some kind of accounting, because this appears to be more about an allegation that while the tuohys were conservators they may have allegedly taken more money they were entitled. . court can order an accounting. >> any way you slice it, it's sad. >> danny, thank you so much. coming up, can you hear me now? if you've ever stood behind a loud talker that's not always a good thing, we'll give you the 411 on cell phone etiquette. you're watching "nbc news daily". reremember the thingsgs you loveded... .....before asasthma got t in the wayay? fasesenra is an n add-on trereat for r asthma dririven by e eosinophilsls. itit's designened to targegt and reremove themm and hehelps prevenent asthmama attacks.. fasesenra is notot for susudden breatathing problbls oror other eoeosinophilicic conditiono.

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but shingrgrix protectcts. proven over 9090% effectivi, shiningrix is a a vaccine used to o prevent shshingls in adudults 50 yeaears and ol. shingrgrix does not prprotect evereryone and is notot for thosese wih severe a allergic rereactios toto its ingreredients orr to a a previous s dose. anan increaseded risk of guillainin-barré synyndrome was obseserved afterer getttting shingrgrix. fainting c can also hahappe. the most c common side effffects are p pain, redness, a and swellining atat the injecection site, muscle p pain, tirededness, headachehe, shiverining, fev, and upseset stomach.h. shshingles doeoesn't cacae but, shingrix protects. shingrix is now zero dollars for almomost everyonone. ask k your doctotor about t shingrix t today. yeah, everything's takeken care of. -hey, jamimie. -oh, what t am i up tot? jujust visitining a spspecial secrcret client. i can'n't say who o it is, but lelet's just s say she bund her dream m house and her drdream car i can'n't say who o it is, but lelet's just s say she bund fofor round-ththe-clock prprotn with prorogressive.. ohoh. she hahas another r house in m . ohoh.

she'e's been an n astronaut, anan architectct, a ceo. we're e in front o of her hou, dude. she'e's been an n astronaut, anan architectct, a ceo. i'd loveve to tell y you who her boboyfriend isi, bubut i don't t think i "k"k" i'd loveve to tell y yo, but i dodon't think k i -- "barbibie" in theaeaters. good tuesday. this is "the fast forward." a major strike in the south bay is called off. we are learning san jose has reached a tentative deal with union workers who were set to walk off the job this morning. the mayor is scheduled to reveal more details of the agreement at a news conference in 40 minutes. the san jose city council must approve the deal, set to happen this afternoon. the strike was set to begin today. it was put on a 24-hour pause as negotiators were close to reaching a deal. that deal has been made. we are gathering details. a statement by the union says workers have agreed to a

historic wage increase of up to 15% over three years for all its members. 4,500 workers for the city of san jose would have walked off the job for three days, impacting local libraries, animal shelter, the zoo, even the airport. this tentative deal, the city council must vote whether to approve it during a public vote this afternoon. we are following the developments. more in our later newscasts. momeni was back in a courtroom this morning. we did see his mother and his attorneys outside just before the hearing. he is charged with murdering cash app founder bob lee. today's hearing was strictly procedural. he was rearraigned and a lawyer entered a not guilty plea on his behalf. both sides will meet in october for another procedural hearing. we are months away from the actual trial. another hot day ahead for most of us in the bay area. here is kari hall with a closer look.

>> expect highs to reach into the low to mid 90s for today and it feels humid. that makes it feel hotter. in san jose, expect it to reach 90. we will see mid to upper 90s for the east bay with livermore reaching 100 degrees. hotter temperatures there. oakland, still very warm with upper 70s many. half moon bay, 66 today. highs in redwood city reaching 85. low to mid 70s in san francisco. a little less in the way of fog and more sunshine. our north bay temperatures will be heating up with sonoma reaching 94 degrees. we will talk about when it cools down in our seven day forecast coming up in 30 minutes. >> thanks. here are other stories you need to know about. charges filed a week since a deadly shooting near a bart station. the latest from maui. passenger service workers for american airlines hit the picket lines this morning.

this is the scene outside sfo this morning. dozens of workers lined up for an informational picket. the union says contract negotiations with the airline have stalled. workers are arguing for better wages and benefits. american airlines say they look forward to reaching an agreement. today's picket isn't expected to impact service. workers have until the end of the month to vote on a possible strike. in maui, crews are continuing to search the rubble for victims. we know three of the 99 people confirmed dead, we know their identities. some people living in lahaina are finding relief. there's a place for people to get what they need, that includes water, food, hygiene products, medical products as well as mental health assistance. many locals are concerned about

leaving the west side of maui for fear the government restrictions will prevent them from returning back to that area. new this morning, charges have been filed for last week's deadly shooting. shots were fired after a dispute over an electric scooter turned violent. police arrested a 45-year-old man. today the district attorney announced several charges, including murder. martinez faces up to life in prison. union leaders will consider a new bus project for gary boulevard. they want to make transportation faster and more reliable. that could involve extending bus lanes and adding stops. businesses would lose 70 parking spots. some are against that. if the plan is approved, construction could begin this fall. we want to tell you about another story. oakland's fire and police chief is filing a lawsuit against the city of oakland. the fired him in february

bringing early controversy to recently elected mayor. we will follow that story. we will cover that. get the latest information on our website, nbcbayarea.com. that does it for "the fast forward." forward." we will be back in 3 trying to control my asthma felt anything but normrmal. ♪♪ ♪ trying to control my asthma felt anything but normrmal. enenough was e enough. trying to control my asthma felt anything but normrmal. i tatalked to anan asasthma specicialist trying to control my asthma felt anything but normrmal. anand found ouout my severere a trying to control my asthma felt anything but normrmal. is d driven by e eosinophils, a a type of asasthma nucalaa can help c control. is d driven by e eosinophils, now, fewewer asthmaa attackcks and d less ororal steroidids that's m my nunormalal wiwith nucala.a. nunucala is a a once-monthty add-on injecection for severe eososinophilic c asth. nucala i is not for r suddn brbreathing prproblems. alallergic reaeactions canan o. get help r right awayy for swelelling of face, momouth, tongugue, or troublele breathingng. infectionsns that can n caue shshingles havave occurrede. don'n't stop steteroids ununless told d by your dodoc. infectionsns that can n caue shshingles havave occurrede. tellll your doctctor if u have a a parasiticic infecti. may cause e headache,, injectioion site reaeaction, have a a parasiticic infecti.

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merchandise was stolen in a smash and go robbery over the weekend. far more than originally estimated. video shows dozens of people ransacking a nordstrom store. the district attorney said they're investigating this as an organized crime case. an explosion near the capital of the dominican republic left ten people dead and more than 50 injured. the fire then spread to businesses next door and an investigation into the cause is under way. federal prosecutors are charging crypto founder sam bankman-fried with stolen funds. it comes just days after bankman-fried was ordered to

jail ahead of his october trial over alleged attempts to tamper with witnesses. returning to the recovery from the deadly wildfires on maui. crews are still methodically searching for remains in the charred rubble. we go through the time line of what we know so far. >> it could take months maybe years to determine the exact cause of the fire. let's unpack the best reporting we have as of right now because it paints a picture of chaos, despair and some missed opportunities to save lives. this fire story starts with wind. actually we'll zoom out to two days before maui was aflame. >> the national weather service gave us the red flag warning

ahead of time. >> reporter: sunday ux august 6th, that's when the national weather service issues a fire weather watch related to the powerful winds by hurricane dora off to the island south. august 8th a series of small fires break out a mile and a half from the ocean, those fires according to officials were 100% contained a few hours later but the wind continued to whip trees and power lines, reportedly staying energize. 3:15 p.m., when the lahaina fire grows so large for the first time it can be seen from space. the scene is mile away from the ocean but the fire was moving fast thanks to those winds and acres upon acres of grass burned. they struggled to keep up with the flames. >> dead on the ground like a piece of charcoal.

>> reporter: state officials said the warning sirens never sounded. didn't order the immediate evacuation of the neighborhood even as fire and smoke started overwhelming neighborhoods. residents started taking their fate into their own hands. >> every second was ten hours waiting. >> reporter: but not everyone fled from the flames by car, some resorted by the pacific ocean or swimming pools in the middle of the inferno, one that would burn for days claiming homes, livelihoods and lives and how the deadliest natural disaster in the state's history might have been avoid snd. >> if you want to help the maui fire victims, make a $10

donation by texting the red cross. growing concerns about chemicals that could have been released into the water and the air by these fires. >> some would create long-term health risks. what are the kind of chemicals we're talking about here. >> the community of lahaina the one town most devastated so far. the chemicals might wind up in the ash or debris, we're thinking about the cars and pipes and materials that might be scorched, metal, rubber, plastic, those can release chemicals that are airborne chemicals that can be cancer-causing, we have ground contamination, air contamination and the water, too, both lahaina and another neighborhood have been under water advisories.

told not to drink the water. >> some maui county authorities are urging people to not boil their water, but they can take lukewarm showers, what are some of the residents there telling you? >> yeah, primarily focused on dealing with the loss of their homes or going back to their homes. we know that when temperatures go up in water it can release these vapors and cause those chemicals to enter the air, some experts are encouraging showers before we have testing data available. this speaks to a widespread mistrust between county officials and residents right now because of how the alert system unfolded. >> some of this was discussed in great detail when the twin towers came down, right, toxic

stew if you will, one of the concerns is that all of these chemicals acting together, we have seen first responders wearing masks is that advisable not only for them but for everyone else. >> yeah. you don't want to be inhailing this debris. first responders in that area for a very long time will have high levels of exposure so masks are advised, long sleeves and gloves, that pe equipment. >> it's just a terrible tragedy on every level. thank you so much for coming in and explaining some of this. we'll have you back many times to talk about it as things develop. >> absolutely. >> all right, thank you. new developments this hour in a controversial police raid on the marion record that publishes once a week and the home of the paper's owner.

the raid was warranted but first amendment watch dogs said it was a first amendment violation, 30 news organizations including nbc news have written a letter to the marion police chief condemning the search, in the interview with the hand basket online newspaper the marion county records editor said his paper was investigaing the police chief within the last few months. jesse, bring us to speed on this new information. what was taken here and how police are defending their actions? >> reporter: gabe, a new piece of information, i reached out to the marion county record earlier today find out if they're still planning to publish their newspaper because tomorrow is the publishing date for the paper, she's the officer manager said they're still planning to publish it tomorrow even though the computers and phones seized

by police still haven't been returned to the record. a list of some of the pieces of ed that police took from the newspaper offices. the list including cell phones, computers, there were records tied to the state department of revenue, hard drives and internet router, some of the items that were seized by police in what has been as you mentioned criticized by free speech defenders as an inappropriate overreach by authorities. the police department has defended its actions. part of the statement from the police department the local authorities saying in part, quote, this is from the police chief, i believe when the rest of this story is available to the public the judicial system that's being questioned will be vindicated. the police chief making a point in that statement saying that free speech protections for

journalists, the chief pointing out do not extend as fully in situation where it's believed that the journalist is partaking in the illegal activity but there's a question of if this just the police chief characterizing journalism, the recording that the publication was in midst of as a criminal act. this is getting pushback. >> so many questions. jesse, thank you. they're part of our everyday life, chances are you may be on yours right now. we're talking about your cell phone. if you have been glared at for taking a call in a restaurant or in a theater. this one is for you. what are the dos and don'ts when it comes to using your cell phone. jenna bush haguer went out to investigate.

>> reporter: if you can afford a 1500 cell phone. you can afford some ear buds. we don't want to hear it that. >> reporter: these days connections has never been more convenient. we take our cell phones everywhere we go. in line at the checkout. walking down the street even working out at the gym. we can take and make calls at any time. but should we? etiquette expert lily post explains. >> waiting room, subways, trains, airplanes, anything like that, is going to be a really difficult spot where you have a captive audience you might not want to hear your conversation zblrs we decided to conduct an unofficial social experiment. we asked my normally sweet and

considerate assistant to grab her cell phone and chat. first stop, a coffee shop, she shared all of the details of her weekend on speakerphone. >> she made this amazing salad last night. >> what did she put in it. >> other customers in line had opinions. >> reporter: when you hear somebody like this talking on speakerphone in line, is it rude? does it bother you? >> it is a bit rude. >> yeah. >> yeah. it is like we don't need to be part of your conversation. >> reporter: what should she do instead? take it off speaker. >> get off the phone. say, can i call you back. >> reporter: next up, the fitness center at 30 rock, where julia pumped up the volume in the wrong way. i hate to interrupt your

workout, but does it irritate you when people listen to large videos and tiktok when you are at the gym? >> 100%. i want to just give them my headphones and say, put this in. >> reporter: is it distracting? >> at first it is. i can relate to wanting to play it out loud. >> reporter: for our last experiment, julia took a phone conversation on the go. >> did i tell you about my flight this weekend? >> reporter: where we asked is talking loudly on the phone in such close quarters bad etiquette. again, raise your hand if you think it is rude to talk super loud in a small space. you all do, kind of? okay, so, tell me why you think it is kind of rude. >> people are standing in a quiet elevator. it is rude to be screaming in their ear. >> it is like an awkward situation because you feel like you are a part of a conversation you didn't wish to be part of the conversation in the first place. >> reporter: why does this

behavior feel offensive? >> they really impact the strangers around us in public places. and a big goal of etiquette is that we try to have minimal impact on strangers around us in public places. gab gabe, can you hear me? >> can you hear me now. >> you talk pretty loud. >> come on, you got to know it's basic human respect. >> i would never do that. a doctor is dismissing your very real concerns? coming up, how to recognize so-called so-called

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in today's daily health, you've likely heard of the term gaslighting especially when it comes to relationships but it can also happen at the doctor's office. >> medical gaslighting has become a popular term online to describe when a healthcare provider doesn't believe a patient's symptoms or dismissing them as someone as being tired or stressed. joining us is dr. blackstock, thanks so much for joining us. it's not always easy to know when a doctor is so so-called gaslighting you, but what are some of red flags to watch out for here. >> the red flags, if you get

interrupted multiple times while trying to tell your doctor what the issue, if you get ignored or dismissed or talked over, they try to persuade you that it's something else sometimes it's something else. sometimes we're so stressed that we're telling -- all right the statistics are interesting on this, young millennial women, 59% reported they had sought treatment from a doctor who did not believe them. that's a staggering number. >> it really is. we see a lot of gender bias in the data and even among lgbtq people and young people and people of color coming in, it make time for an accurate diagnosis. >> so, the major question here, sorry, is how can patients advocate for themselves? >> advocacy is super important

coming in with a clear idea of what is your chief complaint? how long have the symptoms been, what's the duration? write that all down. ask questions, have the questions listed. just ask the questions for you, during doctor's appointments we're nervous and on edge. you want to ask them what do you think is going on and what's your plan for me. >> writing it down might be the most important point. you get in there, you're nervous. doctors have -- there's a lot of burdens on doctors to sort out what is hysteria and what's real, how does the doctor go about sorting this it's good for patients to say, let's start

over, can we start over and reframe everything, i think sometimes, you know, if you as a patient you're not coming to the conclusion, i have another colleague who can take a look at you and talk to you about what's going on and help you with what's going on and recommend a support group for that patient. they may have a rare disorder that other patients may be more supportive and offer them other resources. >> thank you so much for joining us. >> just knowing that almost 60% of young women say they haven't been heard is an important thing for all of us, as patients and doctors. >> agree. there's still more news type 2 diaiabetes? discoverer the ozempmpic® trtri-zone. in my y ozempic® tri-zone,e, i lowewered my a1c1c, cv ris, anand lost somome weight.. inin studies, , the mamajority of f people reached anan a1c underer 7 and d maintaineded it. ozempipic® lowerers the risk

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pg&e is against this and sent a letter questioning if city can properly run its own grid and deliver on lower rates for cuss -- customers. a union against this over concerns the members could be displaced. get ready for more hot weather. don't be surprised if you see lightning as well. >> take a look at our inland temperatures. it's going to be hot. upper 90s. a chance of isolated showers and thunderstorms. if we get the rain evaporating, there could be lightning strikes. that could increase our fire danger for the next few days. we will continue to monitor for that. otherwise, we will have a cooling trend heading into the weekend with upper 80s instead of upper 90s. it's going to feel nicer. san francisco will also have cooler temperatures with low 70s from today through thursday. more sunshine in the forecast, but as we get the fog rolling back in, we will see highs in

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welcome back. nbc bay area responds to an east bay man whose pricey niners tickets had him nervous. this was months before the game. he asked chris chmura's team for an assist. >> good morning. roger spent $1,610 on two tickets for a niners game in october. he was happy at first. then skittish. he said the person reselling his seats had until the day before the game to transfer the tickets. roger thought that was cutting it way too close. so he asked to get his tickets sooner. didn't get anywhere. roger asked us to run some interference. we reached out to stubhub. we learned something. worth sharing.

a rep noted it is base policy. a ticket will be delivered before the event date or we will find an equivalent or better or provide a refund. before the event date. no specific date there. this shows roger was technically jumping the gun. the seller and stubhub were following the policy. stubhub didn't have to intervene until game day. yet, the next day, roger tells us stubhub e-mailed him his tickets more than than two months before kickoff. thank you. if your complaint needs assistance, let us know. scan the code on our screen right now. >> thank you, chris. we have an update. the mayor of san jose is going to be speaking in a few minutes about the tentative agreement reached with the city and its union workers. 4,500 workers for san jose were set to go on strike this morning

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today on access daily,o and go! the winner of the comedy pet photography awards have been announced. who took home the title? that's a big one. and we're going to try our hand at juggling and roller skating! oh! access daily starts now! [applause]