>> breaking overnight. the alleged gunman wanted in last week's killing of a health insurance ceo caught and charged with murder. what authorities are saying

about luigi mangione and how they found him. trump's cabinet picks make their case. pete hegseth, kash patel and tulsi gabbard head to capitol hill to try to persuade senators sitting on the fence. we're live from d.c. with the latest on those meetings. it's not just a time waster but also a money maker. the potential fallout on tiktok bans. how do you measure a year? well, these ten people are a good place to start. find out who's on the short list for time's person of the year. and success is a dish best served ice-cold. amber glenn returns the u.s. to the top of the figure skating world. it's tuesday, december 10th. "early today" starts right now. good morning. i'm frances rivera. we begin today with the arrest of a suspect connected with the killing of unitedhealthcare's ceo brian thompson. 26-year-old luigi mangione was

arrested at a pennsylvania mcdonald's yesterday after an employee tipped off police. now prosecutors in new york have charged mangione with murder along with forgery and weapons charges, according to online documents. mangione was also arraigned in pennsylvania last night on gun and forgery charges. he was ordered held without bail and did not enter a plea. our stephanie gosk has more. >> reporter: 26-year-old luigi mangione is in custody in pennsylvania, arraigned on unrelated felony gun charges and lying to police about his identity. >> we have a strong person of interest in the shooting that shook our city last week. >> reporter: five days after unitedhealthcare's ceo brian thompson was stalked and gunned down on the streets of midtown manhattan, the masked shooter fleeing on an ebike into central park and eluding police long enough to get out of the city. >> the suspect was in mcdonald's

and recognized by an employee who then called local police. >> reporter: 280 miles west of new york city, eating breakfast. officer tyler fry, who's been on the job just six months described approaching mangione. >> me and my partner and i recognized him immediately, didn't even think twice about it. we knew that was our guy. >> reporter: local police detained mangione after he showed them this fake i.d. from new jersey with the name mark rosario, the same one he used to check into a manhattan hostel. the nypd says it was one of multiple fake i.d.s in his possession along with a u.s. passport, a similar mask and clothing worn by the gunman and this weapon with a suppresser like the one used in the shooting. >> the gun appears to be a ghost gun. may have been made on a 3d printer. >> reporter: altoona police also discovered a hand written three-page manifesto. two senior law enforcement officials say it references the

healthcare industry. >> it does seem that he has some ill will towards corporate america. >> reporter: mangione has not been charged in last week's shooting. officials believe he has been in pennsylvania for several days. >> he was in a variety of locations across the state, to include philadelphia, pittsburgh and points in between. >> reporter: the nypd says mangione was born and raised in maryland. his last known address in hawaii. he was the valedictorian at an all boys private school in baltimore, according to his linked in page. the university of pennsylvania says he graduated in 2020 with a bachelors and masters in computer science. fraternity also confirming he was a member. officials are combing through his posts, and there are many, including on x, facebook, instagram and good reads. on good reads, he shared someone else's take on the manifesto

written by the unabomber, ted kaczynski. when all other forms of communication fail, violence is necessary to survive. it's not terrorism. it's war and revolution. mangione saying he found it interesting. thompson's murder triggered a backlash online against healthcare companies. many sharing their anger with the industry. some people even celebrating the killer. at unitedhealthcare in minnesota, the company put up temporary fencing while a private funeral was held for the ceo, 50-year-old father of two, brian thompson. a verdict has been reached in another case that captured national attention. a jury in manhattan finding daniel penny not guilty in the chokehold death of jordan neely. nbc's laura jarrett has the details. >> reporter: a jury in manhattan finding daniel penny not guilty, clearing the marine veteran of any criminal wrongdoing for putting a man in this fatal chokehold on the subway last

ar. some in the courtroom erupting in anger. others in relief, as crowds of demonstrators gathered outside, reflecting the deep division the case has sparked. penny's defenders casting the 26-year-old as a folk hero for protecting other subway riders who described jordan neely's behavior that day as frightening and threatening. >> the whole train was freaked out. >> reporter: while heres view neely's death as an indictment of a broken mental health system that failed to protect a vulnerable 30-year-old man, a former michael jackson impersonator experiencing homelessness. >> i just want to say i miss my son. it hurts. >> reporter: this video of penny putting neely in a chokehold for six minutes going viral. his defense team had argued at trial penny didn't cause neely's death, placing blame instead on a genetic condition, his struggles with mental illness and alleged drug use.

>> when you have someone repeatedly going through that system, that's a signature of failure. >> reporter: the judge tossed out the top charge of manslaughter on friday and sent jurors home after they said think were hopelessly deadlocked, returning to deliberate on a for a few hoursn criminal negligent homicide. the d.a. has said the jury has spoken, we respect their verdict. cabinet nominees facing the most scrutiny are getting more face time with lawmakers this week, hoping to gain enough support to secure their senate confirmations. chris pollone joins me from washington, d.c. one of the nominees is a han man hoping to lead the fbi. >> reporter: kash patel is a former security official.

critics are concerned about his views about going after those he views as the deep state. patel seemed to secure the backing of at least one key republican, senator john cornyn of texas. are you concerned at all about the things kash patel has said he would want to do on day one, choice the fbi headquarters, fire a number of agents? >> i think of that as hyperbole. this is the thing i brought up, restoring the reputation of the fbi and justice department as a non-political institution. >> reporter: now mr. trump's pick for director of national intelligence, tulsi gabbard, also met with lawmakers. the former congresswoman has faced criticism for her meeting with syria's now-toppled

dictator, bashir al-assad. she said she agrees with comments that the president-elect has recently posted about syria, that the u.s. should not get involved. meanwhile, pete hegseth returned to capitol hill, having a second meeting with joni ernst. ernst said their talk was encouraging, and she will support hegseth through a fair confirmation process. frances? >> chris pollone, thank you. an attorney for shawn carter, better known as jay z asking a judge to deny a woman's request to remain anonymous as she accuses carter and sean "diddy" combs of raping her when she was 13-year-old. she called the claim idiotic. and a blackmail attempt. he accused tony busby, who filed the suit, of engaging in unprofessional behavior. buy spoke exclusively to nbc news. >> anyone who suggests that a demand letter, especially the

one i sent is executor or blackmail is foolish. attempting to attack my to take the focus off of the alleged perpetrator won't work. and it won't intimidate us. >> busby has recently filed several lawsuits against combs, accusing him of rape and assault. legal representatives for combs described this as shameless stunts the former ceo of abercrombie is due in court. his co-defendants are also set to appear before a judge. a federal indictment alleges the trio operated a quote international sex trafficking and prostitution business with young men. all three have pleaded not guilty. a southern california, los angeles and ventura counts are under red flag warnings as santa

ana winds rip through. forecasters say this has the potential to be just as bad as the conditions we saw during last month's mountain fire where more than 200 structures were destroyed or daged. meanwhile, out west, wet weather is on the way. let's check in with nbc meteorologist angie lassman on where to prepare for heavy rain and where snow will strike next. >> we've got wet weather in place for a lot of folks over the east. it's focussed across the southeast, you can see the rain working across that region through the day, specifically georgia and alabama. that's where we'll likely see the potential for flooding. then as we get into parts of our day we'll see the rain expanding to the northeast and specifically overnight and into tomorrow morning. a very wet commute will be working across this region for folks across the i-95 corridor. we'll see heavy, much-needed rain working into that area and behind that system we see the colder air working in. that means that we've got to

deal with more of the lake-effect snow. we're going to see that downwind of the lake. no surprise that we've got winter alerts up for 7 million people in parts of northern new england right now. when it comes to the highest rainfall amounts, it looks like focussed across the northeast, 2 to 3 inches will be on the high end. but this will likely cause isolated flooding, making it a slower go in the air and of course on the roads for folks that are traveling in the next two days. you can see no sur charleston, e mid-40s for indianapolis. your high in chicago 35 degrees with cloudy conditions. and that's a look at your forecast, frances, back to you. coming up, a look at who may be the 2024 time magazine person of the year.

but first, tiktok is asking a judge to temporarily pause its ban and prepares to go all the way to the supreme court. ll the way to the supreme court. i'm home! especially when they've been using toilet paper that doesn't hold up. hold it, mister! here's new charmin ultra strong. it cleans better*, you can count on it. new charmin ultra strong has a diamond-weave texture that's more durable and it cleans better* so you can use less. ahh, much better. hey! you passed the clean test, and your math test. oh yeah! we all go. why not enjoy the go with charmin. (cough cough) (sneeze) (♪♪) new alka-seltzer plus cold or flu fizzy chews. chew. fizz. feel better fast. no water needed. new alka-seltzer plus fizzychews. ♪♪ [laughters] mom. ♪♪ mmmmmmm. repeat the sounding joy. [laughters

kinder joy. [laughters] open a world of surprise. open a.i. is opening up its tech to video generator tool to the public. but first tiktok is making its appeal for survival in the u.s. and could go as high as the supreme court. let's bring in cnbc's karen gilchrist for those details. >> hey, there, frances, good morning. tiktok has warned that u.s. small businesses and social media creators could lose $1.3 billion in revenues, just in the first month if the app is effectively banned in the u.s. with those costs likely to rise as time goes on. this is part of a filing as the social media giant has asked a federal appeals court to temporarily block a law that would force chinese parent company bytedance to sell tiktok

by january 19th or face a ban. now, in the filing, tiktok argues that the injunction would allow time for the case to be heard by the supreme court and also allow time for incoming president donald trump to make his call on the use of the social media app when he's inaugurated on january 20th. elsewhere, chatgpt maker, open a.i., has released its a.i. video or, sora. this is just debuted on monday in the u.s. and other countries, and it will be available free to chatgpt pro and plus users, but no timeline on when it's available yet in europe and other places. just for you guys for now. >> thanks so much, karen. still to come, our first taste of award season, as the golden globe nominations are out. and also still to come, we've got this. got this.

with moderate to severe plaque psoriasis my skin was no longer mine. my active psoriatic arthritis joint symptoms held me back. don't let symptoms define you... emerge as you, with clearer skin. with tremfya®, most people saw 100% clear skin... ...that stayed clear, even at 5 years. tremfya® is proven to significantly reduce joint pain, stiffness, and swelling. serious allergic reactions and increased risk of infections may occur. before treatment, your doctor should check you for infections and tb. tell your doctor if you have an infection, flu-like symptoms or if you need a vaccine. emerge as you with clear skin. ask your doctor about tremfya®. ♪♪ ♪♪ [laughters] mom. ♪♪ mmmmmmm. repeat the sounding joy. [laughters] kinder joy. [laughters] open a world of surprise.

(♪♪) “the darkness of bipolar depression made me feel like life was moving on without me. then i found a chance to let in the lyte.” discover caplyta. unlike some medicines that only treat bipolar i, caplyta is proven to deliver significant symptom relief from both bipolar i & ii depression. and in clinical trials, movement disorders and weight gain were not common. caplyta can cause serious side effects. call your doctor about sudden mood changes, behaviors, or suicidal thoughts right away. anti-depressants may increase these risks in young adults. elderly dementia patients have increased risk of death or stroke. caplyta is not approved for dementia-related psychosis. report fever, confusion, or stiff muscles, which may be life threatening, or uncontrolled muscle movements which may be permanent. common side effects include sleepiness, dizziness, nausea, and dry mouth. these aren't all the side effects. in the darkness of bipolar i & ii depression, caplyta can help you let in the lyte. ask your doctor about caplyta. find savings and support at caplyta.com.

your memory is an amazing thing, but sometimes it can start to slow down. but did you know prevagen can help keep your memory sharp? the secret is the powerful ingredient, apoaequorin, originally discovered in jellyfish and found only in prevagen. in a clinical study, prevagen was shown to improve memory in subgroups of individuals who were cognitively normal or mildly impaired. stay sharp and improve your memory with prevagen. prevagen. in stores everywhere without a prescription.

you are pretty. ♪ ♪ >> you might be hearing one name more than others at this year's golden globes. nelix's genre-bending musical, emilia perez had ten nods, and stars the first trans woman to be nominated for best actress in that genre. on the television side, "shogun" and "the bear" dominated their respective genres with nine nominations total. shogun is the one i've really wanted to see. it's gotten so many nominations. but i need to get past the hump. >> it's a busy time of year.

beginning of the year you'll have plenty of time. >> both you and me. a lot of catch-up time. >> shogun, not just the critics who have said good things. everybody in my life who have watched it have rave reviews which titan will have the unenviable task of following taylor swift. time's person of the year list is out. and it includes joe rogan. the winner will be announced on thursday. of course it's pretty typical for, in a presidential year to go to the winner, but we'll see. >> no surprises when it comes if that happens. we'll see. when we come back, how tokyo is working to support young families. and new jersey's governor using the power of the pen to fight book bans. wer of the pen to fig book bans.

mopping is hard work, but then i tried the swiffer powermop. it has a built-in solution that breaks down dirt on contact. plus, it's 360-degree swivel head bye, bye bucket. with the swiffer powermop. mom's gonna love this! alright kids come on. it's time for bed! ( ♪♪ ) good morning, mr. snuggles. make breakfast special with the cocoa and hazelnutty goodness of nutella. ( ♪♪ ) there's something going around the gordon home.

good thing gertrude found delsym. now what's going around is 12-hour cough relief. and the giggles. the family that takes delsym together, feels better together. ( ♪♪ ) feel the power of osteo bi-flex®. taken every day, it's clinically shown to improve joint comfort in 7 days, with significant improvement over time. ( ♪♪ ) wow, this charmin ultra soft smooth tear has wavy edges that tear so much better. i'm starting to get tearied away. designed with smooth tear edges, charmin ultra soft smooth tear has wavy perforations that tear so much better for a smooth more enjoyable go. plus it has more cushiony softness than ordinary squares. try charmin ultra soft smooth tear. voted #1 product of the year.

here's what's making headlines this morning. merriam-webster's word of the year is polarization. it's defined as division in two sharp opposites. new jersey governor phil murphy signed a law prohibiting libraries in schools from banning books. president joe biden spoke at the tribal nations summit yesterday. he dedicated the national monument in carlyle, pennsylvania, marking the government's history of oppression at native-american boarding schools. he said great nations learn from their history so they never repeat it. tokyo is to introduce a four-day workweek.

the new policy begins in april. taylor swift's eras tour has shattered records. all different kinds of records now. this time reeling in more than $2 billion in ticket sales. according to the "new york times." that's double the sales of any other concert tour in history. and, people magazine is reporting that the mega star gave out $197 million in bonuses to everyone working on the tour. and that's on top of their salaries. we'll be right back. ♪ ♪ ♪ alright kids come on. it's time for bed! ( ♪♪ ) good morning, mr. snuggles. make breakfast speci with the cocoa and hazelnutty goodness of nutella. ( ♪♪ ) ♪ and hazelnutty goodness like a relentless weed, moderate to severe ulcerative colitis symptoms can keep coming back. start to break away from uc with tremfya... with rapid relief at 4 weeks. tremfya blocks a key source of inflammation. at one year, many people experienced remission...

and some saw 100% visible healing of their intestinal lining. serious allergic reactions and increased risk of infections may occur. before treatment, your doctor should check you for infections and tb. tell your doctor if you have an infection, flu-like symptoms or if you need a vaccine. healing is possible with tremfya. ask your doctor about tremfya today. ♪ it's blocked! >> the ball was touched by the receiving team beyond the line. and then recovered by the kicking team. >> bengals caught a rare lucky

break on monday night football. cinci recovered their own blocked punt after the ball was touched by the cowboys. this gave joe burrow the chance to end the game and hit ja'marr chase for a 40-yard touchdown pass. dallas suffers a heartbreaker while cinci gets the season-saving win, 27-20. turning now to figure skating and the first american woman to win in more than a decade in one of the sport's biggest stages. here's anne thompson. >> reporter: amber glenn gave a performance both elegant and exhilarating. >> that was one of the best triple axels i've seen from amber glenn. >> reporter: trademark triple axel propelling the 25-year-old to the pinnacle of figure skating. >> she did it! >> amber glenn! >> reporter: the world's top skaters bowing down to her.

>> that's the final pose, right? >> reporter: an arduous journey to gold in grenoble, france. >> it has been a whirlwind of a season, and i kind of struggled with some imposter syndrome. i'm just happy my hard work is finally showing. >> reporter: at just 14 years old, glenn won the national junior championship but fell out of love with the sport, even taking time off to take care of her mental health. she came back but often fell short. she wondered if her dream had passed. now, it's just over a year away. national champion, grand prix champion, amber glenn wanting to add more. anne thompson, nbc news. >> and we will watch her star rise.

before we go, here's sheinelle jones with a look at what's ahead. >> this morning on the third hour of "today", common is live in studio 1a. plus our holiday gift guide featuring beauty products. and walker hayes performance a christmas classic, all this morning on the third hour of "today." >> all kinds of good stuff there. hope you stick around for that. thanks for being up with me and watching "early today." hope you have a great tuesday. we'll be up here early on wednesday morning. for now your news continues on nbc and our nbc stations. have a great one. have a great one. re.

more news is on the way. n the w. breaking news. an arrest and murder charges in the shooting death of a healthcare ceo. the manhunt for the suspect now

over. how po