hi, everyone. thanks so much for being with us. i'm zinhle essamuah. >> and i'm kate snow. "nbc news daily" starts right now.

today, tuesday, october 3rd, 2023. breaking news, historic vote, house speaker mccarthy fighting right now to keep his job. we're following the latest developments from capitol hill. >> tech exec on trial. in court today, why sam bankman-fried could spend the rest of his life behind bars. a less bitter pill, major drugmakers agree to negotiate the costs of their prescription medications, how soon millions of americans could feel the side effects. actor sharon stone opening you about her terrifying health scare. >> it was a slim chance i would survive. i was very blessed that i made it. >> what she told us and what she wants other women to learn from her experience. so much to cover today. we'll start, though, on capitol hill, where just moments from now, lawmakers will vote on the fate of the house speaker, kevin

mccarthy. >> last week, speaker mccarthy struck a deal with democrats to fund the government and avoid a shutdown that cooperation angered members of the far right, they were mad about spending, led to congressman matt gaetz to bring what's called a motion to vacate, essentially forcing a vote to try to oust mccarthy from the speakership, here's what we're looking at in the house right now, 212 democrats, 221 republicans, among those republicans, 6, maybe 7 say they support ousting mccarthy. unclear what the democrats are going to do. >> speaker faces a tough road ahead to keep his job, the third time in the 234-year history of the house that a speaker has faced a motion to vacate. let's get to garrett haake who's been following every development from capitol hill. tell us about this vote that just happened and what's happening on the floor right

now. >> reporter: speaker mccarthy and his allies used up to last procedural tool they had to derail this vote, table it and take it out of the business of the day. that vote failed. we're locked in to see something we haven't seen in a hundred years. now that will happen at the conclusion of what could be up to an hour of debate on the floor. this is going to be a republican on republican debate. i don't think you'll hear a single democrat speak. ten or so anti-mccarthy factions including matt gaetz who's speaking right now arguing that mccarthy has had his chance. at the conclusion, they'll say aloud their vote.

>> garrett, let's talk about if this motion to vacate, this vote to remove speaker mccarthy goes through, what happens next? >> if the motion to vacate passes we'll be without a speaker for just moments. one thing put in place after 9/11 was a procedure to replace a speaker very quickly, a temporary speaker who will immediately take over. ironically from a list that kevin mccarthy had provided. but that person is a caretaker who then oversees another election to be speaker a process that could take quite some time as all of this gets sorted out between the various factions. >> if speaker mccarthy is removed, walk us through the scenarios again, could he run for speaker again? >> reporter: yeah, he absolutely could, coming into today, lot of folks thought he would, a big part of his brand that he's

fighter and he never gives up and an internal optimist. he still commands loyalty of 200 or so house republicans. if he can't get to 218 or 216 today, it's possible he could get pressure to step aside. >> all right, time will tell. garrett haake, thank you so much. president biden's son hunter has pleaded not guilty to new federal gunnell charges arraigned this morning in delaware. the same courtroom where a plea deal he made collapsed. tom wynter was inside that courtroom for that arraignment. tom, unlike the last time this

hearing actually did go as planned for hunter biden. >> reporter: his attorneys are out with statement pointing to this indictment driven by former president trump and maga allies in congress. the real feeling here within the biden camp that if it were not for irs whistleblowers coming forward, who testified under oath in congress, if not for congressional pressure, that this case would not have been brought, this plea deal would ultimately have gone through. there would not be a new indictment. one reason they point to that the unusualness of these charges. very rarely brought in this district, almost never, by themselves. they're typically added to other cases and they've been the types

of charges or statutes i should say that have been challenged in the appellate courts and sometimes struck down for being unconstitutional, that's why they're pointing to this they think not as a just prosecution but one that's politically motivated. . the u.s. attorney here, now special counsel was appointed former president trump. we haven't seen any direct evidence that the former president has dictated this prosecution at all. but it's something that the biden camp is pointing to. >> all right, tom following that one for us on a busy day. former president donald trump is back in a new york courtroom today following a civil fraud trial involving his namesake organization, he says he plans to testify in his own defense. >> mr. president will you be testifying?

>> yes. >> reporter: other witnesses could include the former president's three adult children. the judge already found mr. trump liable for manipulating the value of his real estates. lindsey reiser is outside the courthouse in new york city. let's talk about what happened today, who's been on the stand, what new information do we have? >> reporter: there's some new information in the last few minutes. this was right after lunch, lot of activity, the former president himself going in and out of the courtroom. the attorney general doing the same. the judge addressed the courtroom and admonished the former president talking about a truth social post that the former president put out there this morning, floating a conspiracy theory about the law clerk.

he ordered that post deleted. personal attacks are not tolerated. considered this a gag order to all parties. now we're back in the courtroom, the witness, the accountant is back up on the stand for cross-examination. this witness has been entering, allowed the prosecution to enter into evidence certain documents that show a pattern of behavior that this accounting firm was preparing these financial statements that the attorney general's office said are overstated. >> danny, how typical is it for a judge who ultimately will be making this decision issue a gag

order to former president, what do you make of that? >> nothing about this case is typical. i mean, if i had a client who was tweeting or truth socialing about the judge and his staff while the trial was ongoing. any attorney would say you got to knock that off. that's part of the deal representing donald trump. he'll do whatever he does, even though you would advise him that is a really, really bad idea. trump at this point is daring the judge to do something. some kind of mind control, if he accuses the judge of bias the judge will not be biased. who knows. no legal benefit to criticizing the judge or his clerks on social media while the trial is ongoing. none whatever. >> especially when there can be some real repercussions. >> this is the ultimate fact

finder, the judge deciding this case. maybe he thinks by testifying he can persuade by a judge and save himself many millions of dollars. every prosecutor in all four of his criminal cases will be watching closely and ordering a copy of that transcript. time now for the money minute. the powerball jackpot over $1 billion. >> speaking of money, a list of the 400 richest people in the country is out. the powerball jackpot climbed to about $1.2 billion after no winners were drawn on monday, no one has won since july, the third largest prize in the contest east hiry. meta plans to charge european users $14 monthly

subscription for ad-free instagram. meta would not confirm or deny this move. a source tells cnbc they're considering this plan. the proposal comes as the company navigates the european union rules that restricts ads without user's content. the forbes 400 list the top 20 added a collective $310 billion to their net worth. elon musk maintained his spot as the richest person in the country with jeff bezos behind. the youngest newcomer to the list is josh kushner, jared kushner's brother and ivanka trump's brother in law. >> julia, thank you so much. >> thank you. coming up, welcome side effects.

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this is wrong on so many levels. >> reporter: kruger's online activities this the last few days, his friends and family are struggling with the sense of loss and how this happened and why. >> we're not going to let this fly. we'll find out who did this to him. he was killed in cold blood. someone murdered him. coming up, three officers accused of killing a man while in custody are on trial today, why some are comparing this case to the murder of george floyd. you're watching "nbc news daily". sometimes, the lows of bipolar depression feel darkest before dawn. with caplyta, there's a chance to let in the lyte. caplyta is proven to deliver significant relief across bipolar depression. unlike some medicines that only treat bipolar i, caplyta treats both bipolar i and ii depression.

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non-drowsy claritin-d. knocks out your worst allergy symptoms including nasal congestion. without knocking you out. feel the clarity and make today the most wonderful time of the year. claritin-d. welcome back to "the fast forward." i'm janelle wang. the top story, which you just saw here, the replacement for the late senator dianne feinstein was sworn in. it took place just minutes ago on capitol hill. the swearing-in was conducted by kamala harris. they are close friends. butler was a senior advisor for harris when she launched her presidential run in 2020. it is historical. butler is the first lgbtq+ person to represent california in the senate. as of late, butler had been the head of a political organization trying to get democratic women who support abortion rights elected.

we will move on. a woman is in critical condition after being run over by an autonomous vehicle in san francisco. the av wasn't the first to hit that woman. we have an update from the san francisco police department. >> reporter: another car likely hit a pedestrian and then launched her into the lane. the cruise car ran over here. san francisco fire and rescue was dispatched to 5th and market 9:30 monday night. they pulled the female victim from under the rear of the cruise car. she was rushed to san francisco general hospital with life-threatening injuries. no witnesses. >> because of the nature of the autonomous vehicle, there's no

driver to speak with. there were no passengers in the vehicle. there were no witnesses on the street. all we know is the victim was found beneath the vehicle. >> cruise said -- >> they confirmed the driver of the vehicle, possibly a black sedan, left the scene. they don't know who the driver is or have that vehicle. they are asking for help from any witnesses who may have seen this vehicle. tom jensen, nbc bay area news. here are other stories. oakland is responding to demands it improve the 911 system. san jose is considering a proposal to break from pg&e and

start its own utility. in august, city council members presented the proposal to create san jose power. they are expected to vote on that resolution today. supporters of the measure say pg & e lacks resources. opponents site increased strain on taxpayers. if it passes, san jose power is expected to begin operations sometime in 2028. the oakland city council is hard at work addressing issues with the 911 system. our investigative unit uncovered long wait times and ban donned calls. in response, the mayor fast tracked $2.5 million to update the system. today, city council members will discuss where that money is going in terms of staffing and new technology. it's october. you think things will cool down. they are not. the heat is rising throughout the bay area. here is kari hall with our forecast. >> our temperatures this afternoon start to warm up just a little bit more with low to

mid 80s for the south bay. the north bay, mostly low to mid 80s for an afternoon high. tomorrow, some of us see temperatures going up another five to seven degrees. even hotter on thursday with high temperatures reaching the low 90s, including san jose, with a high of 91 degrees. under these conditions, with a light wind and very dry fuel out there, we have an elevated fire danger. we are watching for that as well as when we could see cooler temperatures. i will show you the seven day forecast coming up in 30 minutes. >> thanks. the weather will be nice for san francisco fleet week, which is underway. the main attraction, just flew in yesterday. the famed blue angels roaring overhead. they made a pass over san francisco before landing at oakland international airport. the first practice is thursday. they will conduct their formal shows friday, saturday and sunday.

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don't wait. ga is irreversible. it's important to catch it early. talk to your eye doctor about ga and learn more at gawontwait.com bottom of the hour now, here are some of the stories making headlines on "nbc news daily." the justice department announcing it has indicted eight chinese companies and their

executives for supplying chemicals used to make fentanyl. the doj said those companies known precursors chemicals around the world where cartels turned them into fentanyl. >> and we know that this global fentanyl supply chain which ends with the deaths of americans often starts with chemical companies in china >> the second time this year that the justice department has charged chinese companies with manufacturing and selling chemicals used if fentanyl. the police chief who led a raid against a local kansas newspaper has resigned, just days after he was suspended from his post by the mayor, in august he had his force lead a search on the marion county record newsroom. he has defended the raise

claiming the targeted journalists were believed to be producing, quote, in the alleged wrong doing. a death that bears some similarities to the murder of george floyd back in 2020. three officers are facing charges in death of emmanuel ellis, after a confrontation with officers in 2020, the police at of what happened and how witnesses described what they saw. ellis died three months before george floyd. let's bring in correspondent dana griffin, remind us of the details of this particular case in that jntacoma. this man, 33-year-old manny ellis was walking home from screens store, he had doughnuts

and water, an altercation with police where he was stopped and a fight enpseudoaccording to the defense, but the prosecution said this was no fight, that he was the officers instigated this and punched, tased and hog tied a man and sat on him for more than six minutes as he said i cannot breathe, sir, i cannot breathe. he was promournsed dead there on the scene. right now there's a lunch break. the medical term for lack of oxygen was not the cause of death it was that he was high on meth the medical examiner ruled this death a homicide also listed meth and a heart disease as contributing factors to this death. kate. >> can you tell us more about the officers charged, are they still employed by the police department, what are they facing in. >> reporter: they're still employed, on paid leave, they're out on bail.

you've got officer christopher burbank and matthew collins, both are facing second degree murder. sentences range from 8 to 10 years if convicted and officer timothy rankine is charged with manslaughter. now they also could receive the max sentence which could be life in prison if convicted. this trial is expected to last through december. the key here if the defense can convince just one juror that this guy did not die at the hands of the police then they could avoid a conviction here. >> dana, thank you. kate, a high-profile trial is kicking off today in new york city. sam bankman fried founder of ftx. up until it went bankrupt, investors were trading on ftx and making some big money.

at its peak the company was worth more than $30 billion. the crypto market crashed last year. to buy real estate in bahamas and propping up bankman-fried's private. kate rooney joins us now from the courthouse in new york city. what's happening today, what are we likely to hear from the government and bankman-fried's defense? >> reporter: today's all about jury selection. they're looking for a group of impartial jurors, that's ongoing, they took break for lunch a little bit delayed, the group has some potential conflict of interests. one potential juror who works at an investment firm who invested in ftx and others said who said they've been listening to

podcasts. the judge said if you're picked for the next six weeks you can't do any research. you can't consume any media. that's still ongoing. as soon as they pick that jury pool you'll get opening statement from the defense and the prosecution, the government in this case. you'll go into things like testimony from key witnesses, industry experts, and then also some ftx insiders who are expected to testify. it will take about six weeks or so. >> six weeks, what are the potential punishments if he's found guilty? >> reporter: so, the potential punishment here is life in prison the maximum sentence for some of these are 20 years, there could be an overlap where they combine some of the sentencing. i'm told by legal experts, the sheer scale of this, $8 billion of customer funds were missing in this, they could play into

the sentencing the bigger the alleged crime, more money involved that could affect sentencing. but he's facing at the worst life in prison. >> okay, kate rooney with the latest from outside the white house, thank you. vice president kamala harris sworn in laphonza butler as newest member of the senate. she's filling the vacated seat by dianne feinstein who passed away last week. speaking of dianne feinstein, the late senator's funeral will be open to public. it was announced on monday that funeral will take place on the front steps of city hall. she worked in san francisco politics for decades before she was elected to the senate in

1992. the white house announced today that all ten manufacturers of medicines targeted for the first-ever medicare price talks will take part in negotiations. last year the biden administration announced a plan to negotiate with drugmakers to lower the costs of some of the widely used drug they include a blood thinner eliquis. the out of pocket cost of that is 690. jardianc, out of pocket cost right now $490. kelly o'donnell joins us now from washington. this is a pretty big deal they're going to sit down and negotiate with medicare, it's really a first. >> reporter: there have been years and years of debate and discussion about getting to this point. it's significant. it's now in law to try to move forward with this and the new

development is that the ten drugs involved in this and the manufacturers who produce them have agreed to partake in this negotiation process. at the same time there's also ongoing litigation about whether the government has the right to control these prices. that already exists when the government is buying drugs from manufacturers. there's a press dent for this and it's a view of the biden administration that americans spend too much on these drugs and the buying power associated with medicare should give americans a better price. that's what's happening here. it will take time. big policy changes typically do. so as they begin this negotiation process it will be in 2026, when some of these drugs, you mentioned them, from cancer to diabetes, to blood issues, very common concerns and

very common medications could see this price reduction. 2026 when this takes effect. >> kelly, a bit of cynical question here, because i know washington, possible they agree to come to the table and it doesn't mean the prices go lower? >> well, there are penalties that would be exerted here on these companies and they want access to those medicare customers there's an environment where it would make sense for the parties to get a good number and have the ability to agree to sell through medicare providers and that can be a win for pharmacies and certainly a win for patients. the pharmacy companies are at the same time pursuing litigation to say this isn't the way it should be done but they don't want to miss out of that business through this. coming up, we'll talk brain food, why eating ultra processed food, why eating ultra processed food may be bad for y

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hosting a fund-raiser this month to advance life-saving treatment and care. we spoke with her about this earlier. this is something that's personal for you, talk to us about your story. >> well, it's been 22 years, i had a stroke and an artery rupture and there was a very slim chance of course so far into this bleed that i would survive, now there are other possibilities of things that can happen and the rate of survival is higher than it was then. it was a very slim that i would survive and i was very blessed that i made it. i was left with a brain seizure disorder. and i'm a disability hire, it's affected my career quite adversely. it's a tough thing. >> what did you learn from all

of this about possible warning signs, what do you want people to know? >> well, i didn't really have warning signs, because, this happened to me because of a violent injury. but, what i do want people to know is that it's really important to call 911. i tried to help myself and i tried to drive myself and i wasn't capable of doing that. so i didn't get to the hospital in time. and of course we understand that women don't get great health care. we are our best advocates. and it's very important to listen to yourself and to be heard. >> you're holding a fund-raiser in october. this month.

to raise money for brain and spine research. >> i think that we have to stand for each other. i think we have to continue to do this. i think as we reveal more and more and more about what we understand about our own health, we have to continue to raise money and we have to continue raise our voice. >> reporter: sharon, why is it so important to you to keep speaking about this, what is your hope? >> i hope we'll continue to treat young women with the care, thoughtfulness and concern that we treated all of our young white men. i think that we have to treat everybody on this planet with thoughtfulness and concern. you know, i've worked with the united nations and i've worked with the red cross all over the world to pass initiatives to

help this happen but we have to stand for each other. we have to stand for other countries. we have to continue to stand to make our country really fair. >> sharon stone, thank you so much for sharing your experience with us. >> thank you. >> thank you. some tough news today for junk food lover and a new study published in journal of the american medical association, links large amount of ultra processed foods to higher risk of depression. joining us is now is a nutritionist. lot of ultra processed foods. how they impact our brain and body. >> the processed foods are

dangerous for us because of what they do to the brain. they deplete the brain. they cause inflammation. we have to look at packaged foods, breads, artificial sweeteners, sweetened yogurts. every time you digest that drives up inflammation. things like salt, refine salt are dangerous. sugar, so many of us are addicted. >> what about artificial sweeteners, diet soda, you think you're doing a good thing by switching diet, is is that a good thing or not a good idea? >> we think we're winning because we're getting the sweetness without the calories, we'll lose that war, here's why, when we get that sweet sensation

we're not getting the sugar, later on in the day the brain is going to say, where's that sugar? it will go for other carbohydrates. one of the ingredients methanol, a brain neurotoxic -- every time you eat these products you're putting -- artificial sweeteners is the worst on the list. >> women at ate nine serves of ultra processed food were more likely to develop depression. the same for men. >> absolutely. one thing about these processed foods they don't discriminate. inflammation affects every single one of us. something we have to be mindful of. >> not everybody has access to healthy foods, sometimes it's the cheapest option to get the

ultra processed stuff, what do you recommend, how do you make changes in. >> a great question. especially now with the way things are in our society, i love going to farmers market. you'll find foods at lower costs. plus, you're meeting these amazing people who can give you tips and tricks on how to add healthier options into your life and pick a few foods to start with. it's about adding in foods that strengthen your body, your brain from inside-out. >> you're talking about the hi, my name is damion clark. and if you have both medicare and medicaid, i have some really encouraging news that you'll definitely want to hear. depending on the plans available in your area, you may be eligible to get extra benefits with a humana medicare advantage dual-eligible special needs plan. all of these

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pneumonia, and osteoporosis. call your doctor if worsened breathing, chest pain, mouth or tongue swelling, problems urinating, vision changes, or eye pain occur. ask your doctor about breztri. welcome back to "the fast forward." we are celebrating hispanic heritage here at nbc bay area. we are spotlighting a san francisco skateboarder who has made quite a name for himself. this is professional skateboard skateboarder chico. he lived through a violent revolution. his mother was shot. the army tried to recruit him at the age of 10. that's when they decided they had to leave. he took a bus from nicaragua and snuck across the border.

>> my grandma was the first who got me a board from toys r us. my board was always everywhere i went. it was with me. >> a skateboard company asked him to go pro. he has a line of skateboards and traveling the world for events. make sure to stay tuned tonight 6:00 p.m. to hear how he pushes the boundaries in nicaragua and right here in the bay area. we will move on to other news. let's talk about the weather. it's about to get really warm. kari hall tells us how warm in her seven-day forecast. >> inland temperatures are about to heat up as we see highs today reaching into the mid 80s. it will be in the mid 90s thursday and friday. feeling like summer but also an elevated fire danger due to low humidity and breezy winds as well as very dry vegetation. be careful over the next few

days. as we lead into the weekend, there will be lower temperatures coming our way. especially for early next week with highs in the upper 70s. in san francisco, it will warm up with highs up to 83 degrees on thursday. friday is just as warm, but it does look cooler in time for many of the air shows for saturday and sunday. sunday will be the coolest day of the weekend.

in about a month, we will need to turn our clocks back an hour. chris chmura spoke with some sleep experts to learn how to get more sleep. >> we enlisted two pros month specialize in sleep. we asked questions. the first one, how much sleep should we be getting? >> most of us need seven to nine hours. >> it's a nutrient. our bodies and brains need it. >> we have to give sleep a chance. >> how do we do that? set a nighttime routine.

empty the trash, do the dishes, check the door locks, whatever. just do the same thing every night. >> this will begin to prepare our bodies and minds for sleep to follow. >> when you are doing your routine -- >> keep things calm, keep things quiet. >> they both said, proper lighting is key. if you have light bulbs that can change color, change them. move away from those bright blue daylight tones and toward orange and yellow. go minimal in the bedroom. >>clutter equals mental clutter. >> if your mind races about tasks, terry says, don't worry. just write out a tomorrow to do list. >> put it on paper. the old-fashion way. then you would be surprised how things look mageable. one more thing.

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