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know it can trust those in charge of city hall. right now at 11, former oakland mayor sheng thao accused of taking part in a bribery scheme. the multiyear investigation leading to a criminal indictment. plus state of emergency. a lithium ion battery storage facility continues to burn just south of the bay area. the massive fire causing concerns over air quality, as more than a thousand people remain out of their homes. we're live with the latest, and the u.s. supreme court says a ban on tiktok can move forward. we'll tell you what that means. you're watching today in the bay. good morning. thanks for joining us for our midday newscast. i'm marcus washington. we begin with that breaking news of that big legal bombshell. former oakland mayor sheng thao indicted on several federal charges just two months after being recalled to, along with her partner andre jones,

are accused of accepting bribes from east bay business owners. the duong family, which owns cal waste solutions. this is an oakland recycling contractor. federal prosecutors describe this as a pay to play scheme. nbc bay area's velena jones has been covering this story since it unfolded and joins us now with more. velena many people, because we know that this is an eight count indictment. 21 pages that were laid out in this unsealed indictment. and it focuses on the former mayor, mayor sheng thao, as well as her partner, andre jones, and their connection to the duong family, the u.s. attorney's office saying today that they knowingly the duong family accepted, gave bribes to both the mayor and her partner jones, in relation to a connection to her time as mayor. there were several promises that they say were made. the u.s. attorney's office says this all started back in october of 2022. they say this has been a lengthy

investigation and they say they are still investigating. take a listen. the indictment charges a scheme that the defendants entered into knowing that bribes would be offered and accepted by tao and jones in exchange for allowing the duong's to exercise illegal influence over the levers of city government. this started the month before the election, so in october of 2022. this is also when the u.s. postal service comes in as well. they had a part to do in the investigation because there was also fraud with the u.s. postal service alleged fraud there with campaign propaganda that was put out right before the election. so that is part of the investigation as well. and so this is a multi-level investigation, a multi year investigation. so it will be interesting to see how if convicted, how long these two individuals could serve in prison. yeah a lot of questions there. velena. now here is an in-depth timeline of just how this investigation unfolded.

back in june, former mayor sheng thao home was searched by the fbi, irs, and u.s. postal inspection service, three other locations owned by the duong family also raided in 2023, and part of the fbi's investigation. now among those locations, cal waste. at the time, the agency did not confirm what they were investigating. tao has consistently said that she is innocent of any wrongdoing or crime. the former oakland mayor was recalled by voters in the november election. now her recall, along with former district attorney pamela price, was the first successful recall in the city's history. tao officially departed her mayoral seat in december. just yesterday, her boyfriend, andre jones, was indicted. now, an arraignment was scheduled to take place at 1030 this morning. our team is in the courtroom. we will have an update for you coming up during our evening newscast. now, of course, there are still many questions to come with this case. joining us now live is defense attorney paula

canny. paula, great to see you and thanks for joining us. let's get right to it. so they had the arraignment that was supposed to happen today. can you describe to us what that process is like and what will likely happen today at an arraignment? the defendant is told what the charges are. they should appear with their lawyer. i mean, i'm sure it's been a horrible day for her because she didn't know that she had been indicted until yesterday when that was announced. i'm sure that they notified her. she's probably just been fingerprinted and gone through all of the booking procedures. she's going to be told you're charged. she's got to be scared and frightened because getting prosecuted is really frightening. so she should be with her lawyer. her lawyer will enter a plea of not guilty. they'll set new court dates. it's pretty much a ministerial. it's like the start of a long, long, long process.

she's going to enter a plea of not guilty, and they'll decide about her custodial status. i'm sure she'll be released on her own recognizance. there may be some terms and conditions that come with that, and they'll set new court dates. and again, it's just going to be the start of a really long, stressful process for her. and thinking about where this all comes from. how do you think authorities were alerted about this? do you think that it was initially a duong family investigation? and then somehow maybe the former mayor got tied up in that? what do you think? well, i think that's a good question, marcus. i mean, yeah, it's complicated because i mean, oakland really for a couple of years has just struggled and struggled and struggled. and mayoral politics there have been struggling. and yes, the songs were on their radar. and the thing that's super sad about this is, you know, this sheng thao is a

remarkable story. and somebody who sort of pulled themselves up by the proverbial bootstraps and all that she was able to accomplish. and she's always advocated that she did nothing wrong. but, you know, it's a complicated landscape to fundraise for, to, you know, when you're not a wealthy person, to get people to contribute to your campaign. and that's really what it started, is they're saying that she got money from the songs for her campaign, and that they funneled that money through the boyfriend rather than to her. and that's and some of the checks were mailed, and that's why there's mail fraud. but, you know, this one little activity and i don't mean to say like little like saying, oh, contribute $95,000 is a little thing. i don't mean it like that. but 1 or 2 acts of

conduct can give rise to multiple charges, like bribing, conspiracy, mail fraud, and all of the charges that are contained in that indictment. and speaking of those charges there, if you were the former mayor's attorney, what advice would you give her at this point? because we're talking about serious charges here. well, i mean, the advice i would have given her back when this started was to say absolutely nothing. so she has she talked too much? a lot of she's spoken a lot to the press. and i would just underscore that, you know, take care of your children, try to stay calm and don't talk to the press or to other people. while the lawyer, whoever her lawyer is, gets this sorted out for her. all right, paula kenny there with a little insight of what's happening here as the former mayor of oakland is indicted on federal charges.

thank you so much, paula. marcus. thank you so much. well, also breaking for you this midday, a state of emergency in monterey county. it continues. 19 hours after that fire first broke out, one of the biggest lithium ion battery storage facilities in the world. now, at this point, it's not clear when people will be able to breathe freely in that area. nbc bay area's kris sanchez joining us now. s's in castroville. this is the latest going on there at the moss landing fire. chris, i mean, certainly a big thing that's happening for a lot of folks who live in that area. oh, absolutely. and a lot of those residents did show up for this press conference. you see, it just ended here behind me. and we got an update from company officials, along with emergency personnel. and one supervisor says, this is really a wake up call for the green tech industry, because this is the fourth fire at this plant since 2019. now the fire in the last hour, we got that update. we can

tell you that it looks like the fire is mostly out. the firire chief said about 1 to 2% is what's still burning or w what what it was of last night, and that it is contained to just one building at this point, one of the this is one of the largest lithium ion battery facilities of its kind in the entire world. now, we now know that the fire again continues to burn, but just barely. no injuries are reported. evacuation orders and road closures remain in effect until at least later today, and the preliminary air quality concern is now over the hydrochloride in that toxic plume of smoke. this is really a lot more than just a fire. it's really a wake up call for this industry. and if we're going to be moving ahead with sustainable energy, we need to have a safe battery systems in place. in addition to what the epa is doing, vistra has arranged for an outside consultant named. c t e h. they're experts in air quality monitoring, monitoring,

especially every day, related to events like this. i'd like to bring up here now. now, during an emergency meeting, monterey county supervisors heard from residents in moss landing and beyond who expressed concerns about their exposure to that hydrogen fluoride and what that means for their health and the health of the livestock and crops that are so important to this agricultural region, to we were exposed, i smell i'm still i have the clothes on i had yesterday. i want to know what the ld50 is. i don't want to have an msds report. now the resident is referring to the measure of how toxic a substance is, and a list of all the chemicals that are present at that plant. we are working to determine that risk to people as well. we can tell you that. vistra company representative said that not only are they using their own monitoring and working with the epa, they also contracted with an outside firm

to conduct monitoring specifically for this type of event. and they say that they have been good corporate citizens and that they will try to do better in the future. but in the meantime, a lot of people are wondering, what about the plants? what about the livestock? what about their own health? we have the same question out here this morning. the air does not smell toxic at this point, but as we understand it, there is particulate matter that is so small it can get into your lungs even if you can't smell it. so our colleague damian trujillo is back there too. he is still talking with officials and he will have the latest on later on on nbc bay area in castroville. kris sanchez, nbc bay area news i'm sure a lot of folks who live in that area are worried about what they're breathing in right now. certainly a big concern there, chris, thank you for that. well, new developments in the middle east, a cease fire deal moving forward. next here on our midday newscast, the overnight developments and the final steps needed before things are finalized, plus possible school closures the way south bay parents are making their voices heard as many continue to fight to save their local schools. and

we're enjoying sunshine across the bay area. it was a cool morning as our highs head for the upper 50s. today. it will be a little bit cooler compared to yesterday, and we'll take a look ahead. coming up in the microclimate (♪♪) a single touch can say a thousand words. it says... i see you. i feel you. i got you. and i'm never letting go.

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or the u.s. supreme court today ruled that the tiktok ban can move forward. scott mcgrew. i know this gives congress gives latitude. deciding the balance between national security and free speech. does. yeah, that's right. it's consistent with past supreme court decisions. marcus, most notably, back during the first world war, an american was barred from protesting the draft because that caused a danger. the court said to the u.s. the u.s. government says the same about tiktok, that because american leaders suspect tiktok is connected to the chinese government, or that the chinese government has influence over it. tiktok is a special threat

to american privacy and security. the court issued its decision this morning, clearing the way for the ban. now, do keep in mind no one has ever proved tiktok has been a threat. tiktok managers and executives deny it's true. but congress went forward with the ban, requiring parent company bytedance to either sell tiktok to an american company or face a ban starting sunday. i think the court got it right, and it's important to note that this was a unanimous decision. it was nine zero upholding the government. so, you know, the liberals and conservatives got together on this one. now, the irony is, it seems if it's all of washington is trying to undo the ban, both the biden administration, the trump administration, have indicated they'll extend the time until the ban takes effect, if they can. trump has invited the tiktok ceo to his inauguration. here's the senate minority

leader suggesting tiktok be given more time. it's clear that more time is needed to find an american buyer and not disrupt the lives and livelihoods of millions of americans. of so many influencers who have built up a good network of followers. time is needed to find an american buyer. there's no indication that tiktok may have talked to elon musk. the new york times was reporting that there's no indication they're trying to do that. so congress is talking about giving them more time to do something they're not trying to do. so a lot of those content creators now, they're still going to have to wait to see. they're going to have to wait. i you know, who knows what sunday brings. you'll still be able to use it on your phone. you just won't be able to download it. and then i think in the next couple of days after that they will undo that ban. but that's just me. so those who have it will have it. those who don't, don't. all right, all right. thanks, scott. you bet. well, israeli security cabinet approved a cease fire and hostage release deal within the last hour. it comes after the country delayed the decision, blaming hamas for creating a,

quote, last minute crisis without providing details. the deal will pauseighting in gaza strip and see dozens of hostages held since the october 2023 attack on israel. the first releases could happen as early as sunday. israe full cabinet must now make its decision. well, south bay parents, they are putting pressure on administrators to not close their child's school. nbc bay area's bob redell, outside of jason dahl elementary school in san jose, with more on that rally that was held this morning. parents have been rallying out here for about the past 30 minutes. we're outside caain jason dahl elementary school here in south san jose. you can hear them right there. they're saying save our school. they're asking the franklin-mckinley school district to save their school and not shut down this campus. doll elementary, especially these parents, not only because their kids attend class here, but for the community. it's special because it's named after the man who piloted united flight 93 before it crashed on

nine over 11. doll elementary is one of five schools on a list for potential closure in the franklin-mckinley school district here in south san jose. the district says cuts are necessary because it has lost 40% of its student body since 2011. the district says no final decision has been made and in a statement wrote, quote, if captain jason dahl elementary is selected for closure, we remain deeply committed to honoring and celebrating the legacy of captain dahl, a hero who will always hold a special place in our community. this school has been in the san jose neigighborhood for generations. many students are still able to walk here safely without having to cross dangerous intersections doll elementary not onlyschools. provides traditional kindergarten and traditional education for k through six, but is also one of the state's only trauma skilled schools, which means it helps children who have experienced past trauma. and i think to add on top of that, another adjustment, you know, whether that's, you know, if

that family is significantly impacted by the new transportation needs, you know, anything as little as that to children who have already had a trauma filled life. and this is just one more thing that's been taken away. i know the district has to do what it needs to do. and with declining enrollment, i understand that. and being in education for the last 40 years myself, i understand that part. but this is a community that i've known all my life. and i think jason would feel the same way that this community needs to be supported and keep the school open, because it is a walkable school that the kids need to be able to be able to walk to. that was captain dahl's sister, carol heidegger, who was out here this morning asking the district to keep the school open. she thinks her brother would b disappointed if the district shuts down his namesake over 20 years ago. many of us, including myself, we were out here when

the franklin-mckinley school district renamed what used to be hillsdale elementary. they renamed it to captain dahl elementary, who attended the school as a child with his sister carol. and then on nine over 11, he piloted united flight 93 before that airplane went down in a field in pennsylvania. as passengers heroically fought the terrorist hijackers on board. there's also a change.org petition to keep dahl elementary open, and last check so far has around 357 signatures here in san jose. bob redell nbc, bay area news. thanks, bob. all right. as we take a look outside, you can s it's still a little hazy or foggy out there in some places. yeah, we've seen some moderate air quality and we started out with some fog. sometimes when that starts to clear, we see still some leftover particles just kind of suspended in the air, making it look hazy. as we can see this live view i dublin more of the same. but also we do see some more of the moderate air quality continue across the bay ar. hopefully that does clear out as we get a little bit

more of a breeze. but the wind has been so calm lately that we do start to see a lot of the smoke start to settle in. as far as temperatures, it was such a cold morning. many of us in the inland spots in some of the valleys dipped below freezing, and so now we're at 50 degrees as we approach the lunch hour. and starting to see those temperatures only make it toward the upper 50s, but you will notice, is cooler than it was yesterday. so a lot of upper 50s, low 60s for this afternoon. some of the warmer temperatures will be in the south bay only up to 62, which is actually still above what's normal for this date. so we've had such warm weather recently, i think we've gotten a little spoiled and it's going to be mild but very seasonable going into the rest of the weekend. looking at what's ahead, we know we desperately need some rain. it's been since january 3rd when we had a measurable rainfall, and it's not until the 26th, which is not this sunday, but next

sunday, when we may possibly see a cold storm dipping into the bay area, bringing in some much needed rain as well as sierra snow, the sierra snowpack continues to decline as we take a look at how i compares to the normal amount for this time of year, the northern sierra is still doing very well after all the storms we had last month, but the southern sierra really didn't get all of those big storms. so we are a little more than half of the normal amount of sierra snow. and as we go through the next several days, we do have a lot of sunshine and quiet weather and seasonable temperatures, but we can expect those mornings to be cold each and every day throughout the rest of the forecast. and a lot of sunshine. and for san francisco, look for those highs in the mid to upper 50s with breezy winds and a mix of sun and clouds. marcus. all right thanks kari. happening now, a more than 100 year old restaurant in san francisco's chinatown will serve its final meal in two weeks. sam wu, a clay and kearny streets. that's

where it's located. well, it's been open since 1908. in chinatown, the current chef, david ho, is retiring after nearly 45 years. for more than a year, co-owners have searched for a new chef to take over, but they just haven't been able to find one. but one of the co-owners tells us that the building's landlord is giving them three months of reduced rent to try to find someone else to take over. if not, the other option is to just dismantle the restaurant through an auction. it's not expected to close unti, i'm sorry,

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for people in the fire zone. now, this comes as authorities now confirm 27 deaths from last week's wildfires. firefighters are also gaining more ground on the largest fires. the palisades fire is now 31% contained. eden fire is now 65% contained.

together, those fires have burned more than 40,000 acres, destroying more than 12,000 structures. and you can find resources to help the victims of southern california wildfire and develop an emergency plan for you and your family. just go to nbcbayarea.com. we're also posting those updates on the wildfire and investigations that are underway. all right. let's's lot that forecast for us. it's going to be sunny this weekend, but a little bit cooler. and the dry weather continues through the holiday weekend. and just a touch warmer for those afternoon highs going into the middle of next week. all right. for most of us we started things real early this morning. we made it to friday. yes we did. all right. weekends right ahead. all right. thanks so much for joining us for our midday newscast. don't forget, we're streaming on all of the streaming platforms roku, amazon fire tv, samsung tv p

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