a new twist in trump's 2020 legal battle. we're live with the new challenge to the former president's immunity in his

election interference case. t the middle east on edge as israel continues its incursion into lebanon as the world awaits its response to iran's missile barrage. growing desperation inside the storm zone. the race to get supplies to the communities cut off by hurricane helene's wrath. a spine-tingling sight for bank of america customers. some logging in only to see a zero-dollar balance in their account. buying pink floyd's money. the high price sony is set to pay for the catalog. and the dark side of the moon. the new guest joining earth's orbit. it's october 3rd, and "early today" starts right now. good morning. i'm frances rivera. this morning we begin with bombshell new details in former president trump's federal election interference case. special counsel jack smith making his case for why mr.

trump should still be tried for his actions on january 6. this, as we are just one month away from the 2024 presidential election. nbc's alice barr joins us now from d.c. with details on the filing just released by the judge in the case. hi, alice, good morning. >> reporter: good morning, frances. in a filing citing new evidence, special counsel jack smith is tailoring his case to try to survive the supreme court's ruling that former presidents and presidents cannot be prosecuted for carrying out official acts, alleging that although former president trump was in office during the charged conspiracies, smith says his scheme was a fund amoamentally private one. laying out new details about president trump's actions and conversations in the days before his supporters sptormed the capitol on january 6, 2021. the special counsel quotes a trump aide as saying, make them

riot. but the bulk of the new revelations involve mr. trump's alleged interactions with his vice president, mike pence. this is based on five pages of notes taken by the vice president. the special counsel saying that pence gradually and gently tried to convince the defendant to accept the lawful results of the election, even if it meant they lost. jack smith arguing that trump and pence were political running mates, discussing private acts, not office holders contemplating official ones. after mike pence decided not to stop the certification of the election results and mr. trump denounced him in a tweet, smith recounts aides allegedly telling mr. trump that pence was in danger and that as trump watched the capitol riot from the white house, smith writes, an aide told him pence had been rushed to a secure location. smith says trump looked at the aide and said only "so what".

a trump campaign spokesman called it falsehood ridden, unconstitutional and another obvious attempt by the harris-biden regime, as they put it, to undermine american democracy and interfere in this election, adding that the case, they say, should be dismissed. frances? >> what a development so close to the election. thank you. israel is continuing to bombardlebanon. at least six were killed in an airstrike in the city. the capital city of beirut. according to reuters, who cited lebanese health authorities. the neighborhood is the most central area of beirut to be hit so far, within walking distance of the prime minister's headquarters and many foreign embassies. for the latest, let's turn to claudio lavanga. what's the latest on the fighting? >> reporter: good morning, frances. just to give you an idea of how deep into beirut israel has had striked on wednesday. the neighborhood is close to the

foreign embassies and close to martyrs square where many residents from the south of lebanon had to evacuate from there because of the bombing found shelter in the square over the past few days over several nights. that's not the only neighborhood that was striked by israel. they fired three missiles in a neighborhood which is where the leader of hezbollah, ha hassan nasrallah was killed last friday. at least six people died and seven others, at least seven others, were wounded in that combined attack. in the meantime, israel continues to bomb and pound the south of lebanon's arias and villages there and warned residents of those villages who evacuated the area not to go back to their homes until further notice, because they said they will continue to strike with air raids, those areas. now, in the meantime, the ground operation or the ground

incursions by israeli forces across the border into the south of lebanon continues. well, on yesterday, on wednesday, hezbollah said that they repelled an attack by israeli forces into one of the villages there, and the israeli military confirmed that eight israeli soldiers lost their lives in that operation. frances? >> claudio, thank you. closing arguments continue today in the tyre nichols case in tennessee. on wednesday, the prosecution told the jury that officers beat nichols to punish him for running away from a traffic stop. the 29-year-old died in january last year from blows to the head. three officers are on federal trial, charged with using excessive force. failure to intervene and witness tampering. the two other officers involved took plea deals. federal prosecutors say they may bring new charges against new york city mayor eric adams. he was in court yesterday after last week's indictment for allegedly accepting bribes and

illegal campaign contributions from turkish nationals. federal prosecutors say the new charges could come from cosever related investigations. adams has pleaded not guilty and resisted calls to resign. a california doctor charged in the overdose death of "friends" star matthew perry has now pleaded guilty in a deal with federal prosecutors. dr. mark chavez pleaded guilty for conspiring to distribute ketamine to perry. he is scheduled to be sentenced in april. a lawyer for chavez said his client is incredibly remorseful and accepts responsibility for perry's overdose. perry was found dead in a hot tub at his l.a. home a year ago. turning to the southeast where the death toll continues to climb in the aftermath of hurricane helene. there have now been at least 190 lives lost with 94 of them in north carolina. hundreds remain missing. more than a million are still without electricity from florida

to virginia, as crews work to restore power liknes. on wednesday, president biden toured damage in north carolina and amended the disaster declaration there as well as in florida, georgia and tennessee, allowing the federal government to pay 100% of the cost for many emergency response efforts. vice president harris also assessed damage in georgia. sam brock is where some residents were able to return only to find their homes destroyed. >> reporter: for the saturated and stunned residents of swannanoa, north carolina. >> there's six inches of just wet, sludgiest mud that you can think of across the whole house. >> reporter: finding even small keepsakes. >> the first picture ever tooken with my grandfather and my youngest daughter celeste. >> reporter: can be massive, moral victories. >> these are things you can't get back. there's no amount of fema that will put these pictures back. >> reporter: this working class neighborhood accessible now for the first time as some roads have opened up, and community

needs crystalizing like the eye of a storm. >> i think the hardest thing right now, there's no power. there's no water. cell service is spotty at best. >> reporter: with roads destroyed, mules are carrying food to some cut-off communities. >> if you have different family members across the community and you can't reach them. you don't know if they're okay. >> reporter: the death toll quickly riding with more than 90 killed in north carolina as president biden took an aerial tour wednesday. every x you see is a sign of something searched. one, two, three vehicles here, one shed, that makes four, and countless other structures that can't be accessed. the rooms on some homes punctured by some people escaping as those injured are facing untenable conditions at hospitals. >> everything people see on the news is worse in person. it's worse. >> reporter: hannah drummond works at mission hospital in asheville where she says 200 patients have been placed in an er meant for 100. >> they ran out of food for us on saturday.

so the patients and the staff and the er weren't eating. when you can't use the toilets, that means i have to find a commode, and i have to find a biohazard bag or some kind of receptacle. >> reporter: the hospital has not responded to multiple requests for comment. in eastern tennessee, a hoist of neighborhoods remain inaccessible and in dire need of help. a vital lifeline for some, as black hawk helicopters drop supplies to some still cut off. and back in north carolina. more heartbreak at the food banks. tonya peterson telling antonia hylton her grandkids had not eaten in days. >> running what little gas we got out of a junk car for the generator. to be able to heat the bottles up for the babies. it's terrible. we've got people looting for gas, coming through your yard, it's awful. it's awful. >> and our thanks to sam for that update. more than a year after

hawaii's deadliest wildfire ever, investigators say the official cause was accidental. maui fire officials say broken power lines that became reenergized sparked the fire on the morning of august 8, 2023. the inferno killed more than 100 people and destroyed hundreds of homes and businesses. the state says no criminal charges are expected. but the utility company that operates the power lines has agreed to pay a large portion of a $4 billion settlement. let's get a look at your weekend weather with angie lassman. i like that look ahead. >> never too soon. it's thursday, we're only a couple days away from the weekend. and your thursday looks pretty good, too. not a whole lot going on across the country. we're a little warm by august or by ah tomorrow standards, but you can see we've got a couple things to watch. one of those being a broad area of low pressure in the gulf of mexico, doesn't have a great chance of developing, but whether it does or not, it means additional rain across the gulf coast. parts of louisiana could see

showers and thunderstorms today. we'll also see the potential for the west coast of florida to pick up a couple inches of additional rain here. as we get through the weekend that will be something to watch. big picture look for the weekend, really nice conditions for the great lakes. it will feel like autumn there. the warmth sticking around for the rockies. if you're looking for cooler weather, stick with us for your saturday. it will be mostly quiet. look at all that sunshine. dry out west. and we keep that going here as we get into sunday, just a couple of chances fo f 93 in dal. plenty of sunshine in shreveport. showers and thunderstorms for tampa. that's a look at your forecast, back to you. hungry for a little competition? fat bear week is officially

under way in alaska. you've got 12 bears going head to head in the elimination-style competition to see who is the fattest before hiebernation. the winner gets crowned next tuesday. still to come. why more ads primed to go on amazon. and we're back in a minute with a nationwide glitch that showed a zero dollar balance for some bank of america customers. r some bank of america customers. alice loves the scent of gain so much, she wished there was a way to make it last longer. say hello to your fairy godmother alice, and long-lasting gain scent beads. part of the irresistible scent collection from gain. whoa! how'd you get your teeth so white? you gotta use the right toothpaste! dr. c?! ♪♪ not all toothpastes whiten the same.

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their online accounts as you were just saying. some opening the app of the bank would see their balance as zero or hash marks. it is unclear what caused the outage, but bank of america released a statement yesterday, apologizing and also saying that issues had been addressed and were largely resolved. now, on to another story. open a.i., the company behind chatgpt has raised $6.6 billion from investors, this values open a.i. at $157 billion. making it one of the most valuable private companies in the world, even though it has never made a profit yet. now the latest round of funding attracted some returning investors. also new ones like a chip maker nvidia. the fund raising coincides with when executives have been

leaving, including the ceo last week week. >> charlotte, thank you. the international longshoreman's association union strike has entered the third day today without any negotiations on either side. but now the 45,000 dockworkers are being backed by president biden, who is urging u.s. port owners to raise their offer in order to secure a deal. the strike has shut down ports on the east and gulf coast, stopping delivery of shipments. it could cost the u.s. economy up to $4.5 billion a day if it continues to stretch out. still to come, come, nate mauergacy on snl. mauergac. moderate to severe ulcerative colitis symptoms

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steve patterson has his eye on the sky. >> that's one small step for man. >> reporter: for 4 billion year, this lone loyal rock has been our trusty little sidekick. tagging along our corner of the cosmos like an interstellar golden retriever, now it has company. meet the mini-moon. >> it's small. it's going to hang around for a few months and go off on its way. >> reporter: right now, the earth's gravitational pull is playing host to an asteroid. scientists say it swung by, got caught up in our gravity and will spend the next 60 days orbiting the planet. and no, there's no need to fear, they're not kidding about the mini part. the asteroid affectionately named 2024 pt 5 is literally 33 feet long, about the size of your average school bus, which is great for humanity staying off the extinction list but a

little disappointing if you were looking to dust off that telescope in the garage. it's toosmall and too dark for most of us to glimpse. but experts say that shouldn't make it any less exciting. >> the way that studying these rocks actually ties us to something much bigger and much, much older than anything we can imagine. >> reporter: a part-time phenomenon shedding more cosmic light on the forming of the universe and our celestial rock has no equal. nbc news, the milky way. >> literally out of this world to think about. milwaukee brewed up an epic comeback wednesday. >> fly ball, right field. it is deep. it is gone! >> facing a threat of elimination, the brewers will rally from a one-run deficit against the mets, and the two will play once more tonight for the last spot in the nlds. the rest of the wildcard champs brought out the brooms.

the padres held out a late rally by the rays. they will face the dodgers in the nlds. and the tigers handed the astros their earliest post-season exit since 2017. and the royals are trading in one a.l. east opponent for another. kc swept the orioles and will travel to the bronxs this weekend to take on the yankees. coming up, the impact of inflation on your credit cart points. especially when it means losing some value or it could b complicated.e hi, i'm greg. i live in bloomington, illinois. i'm not an actor. i'm just a regular person. some people say, "why should i take prevagen? i don't have a problem with my memory." memory loss is, is not something that occurs overnight. i started noticing subtle lapses in memory. i want people to know that prevagen has worked for me.

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